DETAILED ACTION
This Office Action is in response to the amendment, filed on July 24, 2026. Primary Examiner acknowledges Claims 1, 3-5, and 7-23 are pending in this application, with Claims 1, 11, 12, and 17-19 having been currently amended, Claims 21-23 having been newly added, and Claims 2 and 6 having been cancelled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Newly submitted claim 23 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The subject matter of Claim 23 is directed to a different facemask than the subject matter of Claim 1. In particular, it appears the subject matter of Claim 23 requires the configuration of “a filtering web”, “a flexible hexagonal grid”, “a power source” and “a releasable slot or fold opening” for the insertion/removal of the heating element from the outer layer; which has a materially different design and functionality than that of the subject matter of Claim 1 that requires “a non-woven filtering material”. The inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants. Thus, it appears the inventions of the facemask of Claim 1 and Claim 23 are distinct and WILL NOT be treated on the merits. Furthermore, it should be noted the original specification as filed does not appear to reference the concept of “a flexible hexagonal grid”; hence, it appears this subject matter is also new matter.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 23 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-5, and 7-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Specifically, Claim 1 now recites the configuration of “at least one heating element integrated into the non-woven filtering material”; however, the breadth and scope of this limitation is unclear. Primary Examiner is unsure of Applicant’s intended denotation of the word “integrated” and how that “integral” structure permits for the “insertion and removal of the at least one heating element” from either of the “outer layer” and/or the “inner layer” (dependent claims, Claims 3-5) and the removability of the heating element (dependent claim, Claim 9), when the “at least one heating element” is “integrated into” the middle layer which is positioned between the “outer layer” and the “inner layer”.
From a review of the original specification as filed, Applicant’ recites the term “integrated” and its variants referring to the “at least one heating element” in only one (1) instance -- Page 8, Lines 10-20. There does not appear to be a specific denotation provided by Applicant as to the intended scope or structure of “integrated”. Hence, Primary Examiner must rely on the generic denotation of the word “integrated” to mean something that is “unified” or “joined”.
Turning back to the claim language, if the “at least one heating element integrated into the non-woven filtering material” of the middle layer, Primary Examiner is unsure: If the middle layer can be separated from the heating element? What structure or functionality prevents/precludes/hinders the separation by holding the middle layer and the heating element together – e.g. glue, interwoven, heat pressed, ultrasonic bonding? If the middle layer is separated from the heating element does the act of separation destroy the operation of the heating element and/or the filtering capabilities of the middle layer? Referencing the subject matter of dependent claims, Claims 3-5 and 9, which state the orientation of the heating element to be removeable, does the act of removing the heating element also remove the middle layer as it is “integrated”? Is the act of removal a one-time occurrence of the unitary structure? What is the effect of the removal of removal to the operation of the remaining components of the facemask? Is the insertion of the same device – e.g. after being cleaned/recharged, or perhaps a ‘new unit’ from the manufacture – e.g. with unused/fresh filtration and heating capabilities?
In light of the aforementioned reasoning, it appears the breadth and scope of the term “integrated” is unclear. Dependent claims, Claims 3-5 and 7-22, incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 8-11, 13-17, 19, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Abbaszadegan et al. (12,109,320).
As to Claim 1, Abbaszadegan discloses a face mask (100/120, best seen in Figure 1 – in situ and Figure 4 – ex situ exploded sideview, “Referring now to FIG. 1, a facial mask 100 comprising a pathogen inactivation system 101 is illustrated, in accordance with various embodiments.” Column 3, Line 35-55; “Referring now to FIG. 4, a side partially exploded view of a facial mask 100, 200, 300 with a pathogen inactivation system 101 is illustrated, in accordance with various embodiments. The mask 120 of the facial mask 100, 200, 300 may be composed of various layers.” Column 5, Lines 20-40), comprising: an outer layer (122, “For example, the mask 120 may comprise an outer layer 122 and an inner layer 124. The outer layer 122 and inner layer 124 may each comprise a non-woven polypropylene material, in accordance with various embodiments. Although described herein as comprising a polypropylene material, the outer layer 122 and inner layer 124 are not limited in this regard and may comprise various materials as one skilled in the art will recognize. In various embodiments, the inner layer 124 and outer layer 122 may comprise different materials. In various embodiments, the heating element 110 from FIGS. 1-3 is disposed between the outer layer 122 and the inner layer 124.” Column 5, Lines 20-40); an inner layer (124, “For example, the mask 120 may comprise an outer layer 122 and an inner layer 124. The outer layer 122 and inner layer 124 may each comprise a non-woven polypropylene material, in accordance with various embodiments. Although described herein as comprising a polypropylene material, the outer layer 122 and inner layer 124 are not limited in this regard and may comprise various materials as one skilled in the art will recognize. In various embodiments, the inner layer 124 and outer layer 122 may comprise different materials. In various embodiments, the heating element 110 from FIGS. 1-3 is disposed between the outer layer 122 and the inner layer 124.” Column 5, Lines 20-40); at least one middle layer (126, “In various embodiments, the mask 120 comprises a filter layer 126. The filter layer 126 may be disposed between the outer layer 122 and the inner layer 124 in accordance with various embodiments. In various embodiments, a non-woven polypropylene melt blown layer. In various embodiments, the heating element 110 may be embedded within the filter layer 126. In this regard, the filter layer 126 may be an independent component of facial mask 100, 200, 300 and be insertable within the facial mask 100, 200, 300, in accordance with various embodiments.” Column 5, Lines 35-60) positioned between the outer layer (122) and the inner layer (124), wherein that at least one middle layer (126) comprises a non-woven filtering material (“a non-woven polypropylene melt blown layer” Column 5, Lines 35-60); and at least one heating element (110, “In various embodiments, the pathogen inactivation system 101 comprises a heating element 110. In various embodiments, the heating element 110 is disposed within the facial mask 100 (i.e., embedded in the facial mask 100). The heating element 110 may be configured to provide continuous heat to ambient air passing near, in, and/or through the facial mask 100. In various embodiments, the heating element 110 is capable of heating ambient air and/or the surface of the facial mask to a temperature capable of inactivating airborne viruses and/or bacteria.” Column 3, Lines 35-55; “In various embodiments, the heating element 110 can be integrated into the fabric of the facial mask 100. … In various embodiments, the heating element 110 comprises one or more active and/or passive components such as nichrome, conductive paste, heating polymers, and/or any other suitable heating element. In various embodiments, the heating element 110 comprises a wire 112 embedded within the mask 120.” Column 3, Line 65 thru Column 4, Line 20; “In various embodiments, the heating element 110 may be embedded within the filter layer 126.” Column 5, Lines 35-55) integrated (“integrated” Column 3, Line 65 thru Column 4, Line 20; “embedded” Column 5, Lines 35-55) into the non-woven filtering material (126).
As to Claim 8, Abbaszadegan discloses the at least one heating element (110) further comprises a controller (501, “In this regard, in response to controller 501 determining the pre-determined threshold of pathogens is exceeded, the controller 501 may command heating element 110 to operate for a pre-determined period of time.” Column 7, Lines 5-30; “In response to the controller (e.g., controller 501 from FIG. 5) determining the pathogens exceed a pre-determined threshold of pathogens, the controller may activate the pathogen inactivation system 101 (i.e., controller 501 may send an electrical current through heating element 110 resulting in the pathogens being heated) as illustrated in FIG. 6B. In various embodiments, the heating element 110 may be heated for a time based on the bacterial and/or viral data or based on a pre-determined time. In various embodiments, in response to the heating element 110 increasing a temperature of the pathogens from FIG. 6B, the heating element 110 may inactivate the pathogens.” Column 7, Lines 35-60) configured to initiate or terminate (“command” Column 7, Lines 5-30; “send an electrical current” Column 7, Lines 35-60) heating of the at least one heating element (110).
As to Claim 9, Abbaszadegan discloses the at least one heating element (110) is removable (“In various embodiments, the heating element 110 can be retrofit to existing masks. In various embodiments, the heating element 110 can be inserted in facial masks configured to receive an insertable filter. Both insertable and non-insertable embodiments of the present disclosure may be configured to continuously inactivate viruses and/or bacteria.” Column 3, Line 65 thru Column 4, Line 20).
As to Claim 10, Abbaszadegan discloses the at least one heating element (110) is powered by a battery (508, “In various embodiments, the heating module 140 further comprises a charge module 506 and a power source 508 (i.e., a portable power supply, such as a battery or the like).” Column 6, Line 50 thru Column 7, Line 10; “In various embodiments, the mask 120 is configured to house, or contain, electrical components for the pathogen inactivation system 101. For example, the mask 120 may house a battery, a microcontroller, the heating element 110, various circuitry, etc., in accordance with various embodiments.” Column 4, Lines 30-45; “In various embodiments, the heating element 110 uses either a continuous portable power supply, a plug-in based format, or a combination of the two as described further herein. The continuous portable power supply may be configured for a facial mask 100 that provides continuous pathogen inactivation during use. For example, the pathogen inactivation system 101 may include a heating module 140 that is coupled to a portable power supply, such as a battery as described further herein.” Column 4, Lines 40-65).
As to Claim 11, Abbaszadegan discloses the at least one heating element (110) is powered by a rechargeable source (“The pathogen inactivation system may further comprise a power source in electrical communication with the controller, wherein the power source is rechargeable. The power source may be portable.” Column 2, Lines 1-25).
As to Claim 13, Abbaszadegan discloses the at least one heating element (110) is configured to allow passage of air (from outer layer 122 to inner layer 124, “The heating element 110 may be configured to provide continuous heat to ambient air passing near, in, and/or through the facial mask 100. In various embodiments, the heating element 110 is capable of heating ambient air and/or the surface of the facial mask to a temperature capable of inactivating airborne viruses and/or bacteria. In various embodiments, the pathogen inactivation system 101 of the facial mask 100 is configured for synchronized filtration and heating of ambient air to simultaneously capture and inactivate pathogens, such as viruses and/or bacteria.” Column 3, Lines 35-55) through the at least one heating element (110, as embedded on 126) to the inner layer (124) and to a wearer (best seen Figure 1).
As to Claim 14, Abbaszadegan discloses the at least one heating element (110) is further covered by a protective insulating layer (128, “In various embodiments, the mask 120 may comprise a support layer 128. The support layer 128 may be disposed between the filter layer 126 and the inner layer 124. However, the support layer 128 is not limited in this regard and may be disposed between the filter layer 126 and the outer layer 122, in accordance with various embodiments. In various embodiments, the heating element 110 may be disposed between any two layers (i.e., between the outer layer 122 and the filter layer 126, between the filter layer 126 and the support layer 128, between the support layer 128 and the inner layer 124, etc.).” Column 5, Line 35 thru Column 6, Line 5). Regarding the concept of “protective insulating”, it appears the construction of 128 can be oriented in various location which would provide protection about the heat element 110 and furthermore would provide insulation as a function of its intermediary positioning between the ambient air to be provided to the wearer for inhalation, as well as the exhaled air by the wearer to the ambient air.
As to Claim 15, Abbaszadegan discloses the at least one heating element (110) is an electrical heating element (“In various embodiments, the heating element 110 can be integrated into the fabric of the facial mask 100. … In various embodiments, the heating element 110 comprises one or more active and/or passive components such as nichrome, conductive paste, heating polymers, and/or any other suitable heating element. In various embodiments, the heating element 110 comprises a wire 112 embedded within the mask 120.” Column 3, Line 65 thru Column 4, Line 20).
As to Claim 16, Abbaszadegan discloses the at least one heating element (110) constructed as a wire (112, best seen Figure 3) which provides a grid structure that includes a plurality of channels (bounded by the crosshairs of the grid, best seen Figure 3) that allows air passage therethrough and wherein the plurality of channels (bounded by the crosshairs of the grid, best seen Figure 3) have a parallel structure (best seen Figure 3).
As to Claim 17, Abbaszadegan discloses the face mask (100/120) further comprises at least one strap (130, best seen Figure 1, “In various embodiments, the facial mask 100 comprises a mask 120, a first strap 130 and a second strap. The mask 120 is configured to cover a nose and a mouth of a user 10, in accordance with various embodiments. The first strap 130 is configured to secure the facial mask to a first ear of the user 10. The second strap is in accordance with the first strap 130 and is configured to secure the facial mask 100 to a second ear of the user 10.” Column 3, Lines 55-65) configured to secure the facemask (100/120) to a wearer’s face (best seen Figure 1).
As to Claim 19, Abbaszadegan discloses the face mask (100/120) further comprise a breathing zone (best seen Figure 1 – “to cover a nose and a mouth of a user 10”) positioned directly in front of the nasal and oral region (“In various embodiments, the facial mask 100 comprises a mask 120, a first strap 130 and a second strap. The mask 120 is configured to cover a nose and a mouth of a user 10, in accordance with various embodiments.” Column 3, Lines 55-65).
As to Claim 20, Abbaszadegan discloses the at least one heating element (110) constructed as a wire (112, best seen Figure 3) is positioned within the breathing zone (best seen Figure 1 – “to cover a nose and a mouth of a user 10”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7, 12, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Abbaszadegan et al. (12,109,320) in view of Tan (2023/0149747).
As to Claim 7, Abbaszadegan discloses the at least one heating element (110) constructed as a wire (112, best seen Figure 3) having the ability to produce sufficient temperature to “inactivating airborne viruses and/or bacteria.” (Column 3, Lines 35-55).
Yet, does not expressly disclose the specific temperature to be “ranging about 40 to 50 degrees Celsius”.
Tan teaches a face mask (100, best seen Figure 1, “FIG. 1 illustrates an isometric view of an electrically heated N95 disposable or reusable respirator and a front view of the replaceable filter in the preferred embodiment of the present disclosure. The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046), comprising: an outer layer (113, “The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046); an inner layer (102, “In one embodiment of the present disclosure, the replaceable filter piece (132) is integrated with the inner layer (102), and these layers are replaced simultaneously; this will be noted in future paragraphs and in FIG. 2. The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046); at least one middle layer (132 or 202, wherein 132 – “The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; and wherein 202 – “The inner layer (102) may overlap the filter layer (202) that is made with a single nonwoven meltblown material that filters tiny particles from the air.” Para 0057; “The melt blowing process used for the filter (202) is a manufacturing process that converts a polymer into small micro- or nanofiber filaments, which are then integrated as a nonwoven fabric.” Para 0061) positioned between the outer layer (113) and the inner layer (102), wherein the at least one middle layer (132 or 202) comprises a non-woven filtering material (“The device is made up of multiple non-woven layers, which may or may not have a particle filter layer and a shape supporting layer.” Para 0031); and at least one heating element (114, “Inside the chamber area (112), there is an embedded heating element (114) made of graphene or other heating materials. The two nose clips (106, 108), exhalation valve (110), and heating element (114) are essential in the function of the thermal filter around the nose and mouth; this will be explained in future paragraphs and in FIG. 3. … The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; “The heating element (114) is powered electrically through a socket (116) that connects to a USB cable (120) via the USB socket connector (118). A power switch (122) controls the operation of the heating element (114) with the pressing of the ON/OFF button (126).” Para 0047) integrated (“embedded” Para 0046; “All components of the disposable medical face mask are integrated, which means that the mask must be disposed of after one use.” Para 0097) into the non-woven filtering material (132 or 202).
Regarding the remaining limitations of the claims, Tan teaches the facemask (Figure 1) is also configured to inactivate “viruses and bacteria” (Summary), similar to the facemask of Abbaszadegan. In Tan’s disclosure, Tan teaches historical devices operating at a temperature between 20-40 degrees Celsius do not produce sufficient heat “to deactivate any bacteria or virus” (Para 0013); whilst, Tan’s inventive design has operating temperatures “ranging from 55° C. to 100° C., which is enough to kill pathogens without causing harm to the user's face.” (Para 0031). Additionally, it is Tan considers a minimum operating temperature of 28 degrees Celsius for the purpose of “inhibiting pathogens” (Paras 0042 and 0079), a medium operating temperature of 55 degrees Celsius for “killing pathogens” (Paras 0042 and 0079), and a maximum operating temperature of 65 degrees Celsius typically the standard operating temperature – albeit can be optionally configured up to 100 degrees Celsius (Paras 0042 and 0079). In light of the aforementioned operational temperatures, it appears Tan teaches the claimed operational ranges 40 to 50 degrees Celsius were known temperatures suitable to inhibit and/or kill pathogens.
It should be noted, Applicant’s disclosure states the scope of the word “about” “is meant to encompass variations of ±20%, +10%, +5%, +1%, or ±0.1% from the specified value, as such variations are appropriate.”. Consequently, it should be noted +20% of 50 encompasses 60 degrees C Celsius; whilst, -20% of 40 encompasses 32 degrees Celsius. Based on the teachings of Abbaszadegan, as modified by Tan, it appears 32 degrees Celsius would be sufficient to “inhibiting pathogens”, whilst, 60 degrees Celsius would be sufficient for “killing pathogens”. Hence, the device of Abbaszadegan, as modified by Tan, is capable of operating at temperature suitable for both “inhibiting pathogens” and “killing pathogens”.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the operational temperature of Abbaszadegan to encompass the claimed temperature range of “about 40-50 degrees Celsius” as taught by Tan to permit the operational temperature suitable to both “inhibiting pathogens” and “killing pathogens”.
As to Claim 12, Abbaszadegan discloses the at least one heating element (110) is powered by a rechargeable source (“The pathogen inactivation system may further comprise a power source in electrical communication with the controller, wherein the power source is rechargeable. The power source may be portable.” Column 2, Lines 1-25).
Yet, does not expressly disclose the “rechargeable source is positioned outside the facemask and is carried by a wearer”.
Tan teaches a face mask (100, best seen Figure 1, “FIG. 1 illustrates an isometric view of an electrically heated N95 disposable or reusable respirator and a front view of the replaceable filter in the preferred embodiment of the present disclosure. The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046), comprising: an outer layer (113, “The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046); an inner layer (102, “In one embodiment of the present disclosure, the replaceable filter piece (132) is integrated with the inner layer (102), and these layers are replaced simultaneously; this will be noted in future paragraphs and in FIG. 2. The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046); at least one middle layer (132 or 202, wherein 132 – “The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; and wherein 202 – “The inner layer (102) may overlap the filter layer (202) that is made with a single nonwoven meltblown material that filters tiny particles from the air.” Para 0057; “The melt blowing process used for the filter (202) is a manufacturing process that converts a polymer into small micro- or nanofiber filaments, which are then integrated as a nonwoven fabric.” Para 0061) positioned between the outer layer (113) and the inner layer (102), wherein the at least one middle layer (132 or 202) comprises a non-woven filtering material (“The device is made up of multiple non-woven layers, which may or may not have a particle filter layer and a shape supporting layer.” Para 0031); and at least one heating element (114, “Inside the chamber area (112), there is an embedded heating element (114) made of graphene or other heating materials. The two nose clips (106, 108), exhalation valve (110), and heating element (114) are essential in the function of the thermal filter around the nose and mouth; this will be explained in future paragraphs and in FIG. 3. … The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; “The heating element (114) is powered electrically through a socket (116) that connects to a USB cable (120) via the USB socket connector (118). A power switch (122) controls the operation of the heating element (114) with the pressing of the ON/OFF button (126).” Para 0047) integrated (“embedded” Para 0046; “All components of the disposable medical face mask are integrated, which means that the mask must be disposed of after one use.” Para 0097) into the non-woven filtering material (132 or 202).
Regarding the remaining limitations of the claims, Tan teaches the facemask (Figure 1) includes a power source (“battery” via 128, “The cable (120) has a USB power supply connector (128) that can connect to a device with a USB socket, such as a laptop, power bank, or outlet plug.” Para 0047; “Sub-figure (b) illustrates the heating element (114) connected to the USB cable (120) and power switch (122). All descriptions of the socket (116), USB cable (120), USB connectors (118, 128), power switch (122), and power switch components (124, 126) also apply here.” Para 0077; “Since the power supply uses a USB (118, 120, 128) rather than a standard plug, it can be powered with any USB-power device, most prominently a laptop or a portable power bank or battery. The USB connection likely plays a role in incorporating a low voltage (5V). By incorporating a low power use through a USB connection (118, 128), the device can be powered for several hours to a whole day.” Para 0081; “All descriptions of the USB cable (120), USB connectors (118, 128), power switch (122), and power switch components (124, 126) also apply here.” Para 0090; “All descriptions of the USB cable (120), USB connectors (118, 128), power switch (122), and power switch components (124, 126) also apply here.” Para 0096) to energize the heating element (114), wherein the power source (“battery” via 128) is rechargeable (“battery may be rechargeable” Page 11, Claim 6) and is positioned outside (via 128) of the facemask (100) and is carried by a wearer (when plugged into a “any USB-power device, most prominently a laptop or a portable power bank or battery” Para 0081).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the location of the power source of Abbaszadegan to be positioned outside of the facemask and carried by the wearer, as taught by Tan to be a known construction suitable for enabling the power source to be recharged by any USB powered device.
As to Claim 18, Abbaszadegan discloses the face mask (100/120) further comprise a breathing zone (best seen Figure 1 – “to cover a nose and a mouth of a user 10”) positioned directly in front of the nasal and oral region (“In various embodiments, the facial mask 100 comprises a mask 120, a first strap 130 and a second strap. The mask 120 is configured to cover a nose and a mouth of a user 10, in accordance with various embodiments.” Column 3, Lines 55-65).
Yet, does not expressly disclose the configuration of the “facemask further comprising a deformable member, configured to be bent or pressed by a wearer into a configuration that allows the facemask to conform to the wearer’s face”.
Tan teaches a face mask (100, best seen Figure 1, “FIG. 1 illustrates an isometric view of an electrically heated N95 disposable or reusable respirator and a front view of the replaceable filter in the preferred embodiment of the present disclosure. The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046), comprising: an outer layer (113, “The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046); an inner layer (102, “In one embodiment of the present disclosure, the replaceable filter piece (132) is integrated with the inner layer (102), and these layers are replaced simultaneously; this will be noted in future paragraphs and in FIG. 2. The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046); at least one middle layer (132 or 202, wherein 132 – “The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; and wherein 202 – “The inner layer (102) may overlap the filter layer (202) that is made with a single nonwoven meltblown material that filters tiny particles from the air.” Para 0057; “The melt blowing process used for the filter (202) is a manufacturing process that converts a polymer into small micro- or nanofiber filaments, which are then integrated as a nonwoven fabric.” Para 0061) positioned between the outer layer (113) and the inner layer (102), wherein the at least one middle layer (132 or 202) comprises a non-woven filtering material (“The device is made up of multiple non-woven layers, which may or may not have a particle filter layer and a shape supporting layer.” Para 0031); and at least one heating element (114, “Inside the chamber area (112), there is an embedded heating element (114) made of graphene or other heating materials. The two nose clips (106, 108), exhalation valve (110), and heating element (114) are essential in the function of the thermal filter around the nose and mouth; this will be explained in future paragraphs and in FIG. 3. … The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; “The heating element (114) is powered electrically through a socket (116) that connects to a USB cable (120) via the USB socket connector (118). A power switch (122) controls the operation of the heating element (114) with the pressing of the ON/OFF button (126).” Para 0047) integrated (“embedded” Para 0046; “All components of the disposable medical face mask are integrated, which means that the mask must be disposed of after one use.” Para 0097) into the non-woven filtering material (132 or 202).
Regarding the remaining limitations of the claims, Tan teaches the facemask (Figure 1) includes a deformable member (106 or 108, “There is a thin horizontal metal nose clip (106) placed along the top edge of the respirator (100). This clip (106) is bendable around the bridge of the nose by manually pinching the clip (106). The respirator (100) also has a secondary nose clip, hereafter called the interior vertical nose clip (108), which is located in the respirator's (100) interior and bends along the user's nose vertically. The two nose clips (106, 108) are adjustable for better custom fitting around the user's face. The combined effect of adjusting the horizontal and vertical nose clips (106, 108) can form a small chamber (112) between the respirator (100) and the human face around the nose and mouth area. An exhalation valve (110) is located below the nose clips (106, 108), which line up with the mouth for inhalation/exhalation. Inside the chamber area (112), there is an embedded heating element (114) made of graphene or other heating materials. The two nose clips (106, 108), exhalation valve (110), and heating element (114) are essential in the function of the thermal filter around the nose and mouth; this will be explained in future paragraphs and in FIG. 3.” Para 0046) configured to be bent or pressed by a wearer into a configuration that allows the facemask to conform to the wearer’s face. The resultant effect of the configuration of deformable member (106/108) is the ability to provide custom fitment of the facemask to the wearer’s face.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the facemask of Abbaszadegan to include the features of a deformable member in the form of a nose clip as taught by Tan to provide custom fitment of the facemask to the wearer’s face.
As to Claim 21, Abbaszadegan discloses the face mask (100/120) is constructed of a non-woven filtering material (“a non-woven polypropylene melt blown layer” Column 5, Lines 35-60).
Yet, does not expressly disclose the construction of “a filtering web”.
Tan teaches a face mask (100, best seen Figure 1, “FIG. 1 illustrates an isometric view of an electrically heated N95 disposable or reusable respirator and a front view of the replaceable filter in the preferred embodiment of the present disclosure. The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046), comprising: an outer layer (113, “The front of the respirator (100) has an outer protective layer (113) with edges that form a seal around the face, particularly around the nose, mouth, and chin areas.” Para 0046); an inner layer (102, “In one embodiment of the present disclosure, the replaceable filter piece (132) is integrated with the inner layer (102), and these layers are replaced simultaneously; this will be noted in future paragraphs and in FIG. 2. The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046); at least one middle layer (132 or 202, wherein 132 – “The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; and wherein 202 – “The inner layer (102) may overlap the filter layer (202) that is made with a single nonwoven meltblown material that filters tiny particles from the air.” Para 0057; “The melt blowing process used for the filter (202) is a manufacturing process that converts a polymer into small micro- or nanofiber filaments, which are then integrated as a nonwoven fabric.” Para 0061) positioned between the outer layer (113) and the inner layer (102), wherein the at least one middle layer (132 or 202) comprises a non-woven filtering material (“The device is made up of multiple non-woven layers, which may or may not have a particle filter layer and a shape supporting layer.” Para 0031); and at least one heating element (114, “Inside the chamber area (112), there is an embedded heating element (114) made of graphene or other heating materials. The two nose clips (106, 108), exhalation valve (110), and heating element (114) are essential in the function of the thermal filter around the nose and mouth; this will be explained in future paragraphs and in FIG. 3. … The front view of the filter shows that the shape matches that of the chamber (112) and the heating element (114). The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; “The heating element (114) is powered electrically through a socket (116) that connects to a USB cable (120) via the USB socket connector (118). A power switch (122) controls the operation of the heating element (114) with the pressing of the ON/OFF button (126).” Para 0047) integrated (“embedded” Para 0046; “All components of the disposable medical face mask are integrated, which means that the mask must be disposed of after one use.” Para 0097) into the non-woven filtering material (132 or 202).
Regarding the remaining limitations of the claims, Tan teaches the facemask (Figure 1) is constructed as a filtering web (“The melt blowing process used for the filter (202) is a manufacturing process that converts a polymer into small micro- or nanofiber filaments, which are then integrated as a nonwoven fabric. The polymer melts and is extruded with hot, high-speed gas. The fibers are blown onto a moving substrate to form a self-bonded web.” Para 0061) as a function of the melt blowing process for the construction of the non-woven filtering material.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the non-woven filtering material of Abbaszadegan to be constructed as a filtering web, as taught by Tan, as a function of the melt blowing process for the construction of the non-woven filtering material.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Abbaszadegan et al. (12,109,320) in view of Berrigan (5,641,555).
As to Claim 22, Abbaszadegan discloses the face mask (100/120) is constructed of a non-woven filtering material (“a non-woven polypropylene melt blown layer” Column 5, Lines 35-60).
Yet, does not expressly disclose the construction of “an electrostatically charged melt-blown fabric”.
Berrigan teaches the construction of a “nonwoven microfibrous melt blown filter media for removing particulate matter from air and the method of making the filter media”, whereby “The filter media may be charged to provide filtration enhancing electret properties” which result in improved “performance of nonwoven filter media”. (Column 1, Lines 10-20; also see: “The electret filter media of the invention may be electrostatically charged” Column 5, Lines 5-30).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the non-woven filtering material of Abbaszadegan to include “an electrostatically charged melt-blown fabric”, as taught by Berrigan to be a known electrostatic treatment suitable for enhancing the filtration performance of the filter media.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Abbaszadegan et al. (12,109,320) in view of Cummins, Jr. et al. (4,793,343).
As to Claim 3, Abbaszadegan discloses the face mask (100/120) having an outer layer (122) and at least one heating element (110), whereby the at least one heating element (110) is removable (“In various embodiments, the heating element 110 can be retrofit to existing masks. In various embodiments, the heating element 110 can be inserted in facial masks configured to receive an insertable filter. Both insertable and non-insertable embodiments of the present disclosure may be configured to continuously inactivate viruses and/or bacteria.” Column 3, Line 65 thru Column 4, Line 20).
Yet, does not expressly disclose the configuration of “the outer layer further comprising a releasable slot or fold opening configured to allow insertion and removal of the at least one heating element”.
Cummins teaches a facemask (Figures 1-3), comprising: an outer layer (50, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10); an inner layer (24, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10; and "In use of the mask, the person breathes in the normal manner. When the person inhales, inlet valve 28 opens and cold air is drawn from the exterior atmosphere through the inlet 24 and the chamber 68 where it is heated by heater assembly 54. The heated air is then drawn through the valve 28, housing 16 and into the nose and/or mouth of the person." Column 4, Line 60 thru Column 5, Line 10); at least one middle layer (48, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55) positioned between (best seen Figures 2 and 3) the outer layer (50) and the inner layer (24); and at least one heating element (54, "In accordance with this invention, a heater assembly 54 is mounted in the inlet 24 to heat cold air to an elevated temperature to provide warm air for inhalation by the user of the mask." Column 2, Line 50 thru Column 3, Line 5; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10; and "In use of the mask, the person breathes in the normal manner. When the person inhales, inlet valve 28 opens and cold air is drawn from the exterior atmosphere through the inlet 24 and the chamber 68 where it is heated by heater assembly 54. The heated air is then drawn through the valve 28, housing 16 and into the nose and/or mouth of the person." Column 4, Line 60 thru Column 5, Line 10).
Regarding the remaining limitations of the claims, Cummins teaches the outer layer (50) comprises a releasable slot or fold opening (via screwing of threads, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55) configured to allow insertion and removal of the at least one heating element (54). The resultant effect of this configuration is the ability to refresh and renew both the middle layer as well as repair and replace the heating element – as desired.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the outer layer of the facemask of Abbaszadegan to include a releasable slot or fold opening, as taught by Cummings to enable the refreshing, renewing, and/or replacement of both the middle layer and the heating element as desired.
As to Claim 4, Abbaszadegan discloses the face mask (100/120) having an inner layer (124) and at least one heating element (110), whereby the at least one heating element (110) is removable (“In various embodiments, the heating element 110 can be retrofit to existing masks. In various embodiments, the heating element 110 can be inserted in facial masks configured to receive an insertable filter. Both insertable and non-insertable embodiments of the present disclosure may be configured to continuously inactivate viruses and/or bacteria.” Column 3, Line 65 thru Column 4, Line 20).
Yet, does not expressly disclose the configuration of “the inner layer further comprising a releasable slot or fold opening configured to allow insertion and removal of the at least one heating element”.
Cummins teaches a facemask (Figures 1-3), comprising: an outer layer (50, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10); an inner layer (24, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10; and "In use of the mask, the person breathes in the normal manner. When the person inhales, inlet valve 28 opens and cold air is drawn from the exterior atmosphere through the inlet 24 and the chamber 68 where it is heated by heater assembly 54. The heated air is then drawn through the valve 28, housing 16 and into the nose and/or mouth of the person." Column 4, Line 60 thru Column 5, Line 10); at least one middle layer (48, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55) positioned between (best seen Figures 2 and 3) the outer layer (50) and the inner layer (24); and at least one heating element (54, "In accordance with this invention, a heater assembly 54 is mounted in the inlet 24 to heat cold air to an elevated temperature to provide warm air for inhalation by the user of the mask." Column 2, Line 50 thru Column 3, Line 5; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10; and "In use of the mask, the person breathes in the normal manner. When the person inhales, inlet valve 28 opens and cold air is drawn from the exterior atmosphere through the inlet 24 and the chamber 68 where it is heated by heater assembly 54. The heated air is then drawn through the valve 28, housing 16 and into the nose and/or mouth of the person." Column 4, Line 60 thru Column 5, Line 10).
Regarding the remaining limitations of the claims, Cummins teaches the inner layer (24) comprises a releasable slot or fold opening (via screwing of threads, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55) configured to allow insertion and removal of the at least one heating element (54). The resultant effect of this configuration is the ability to refresh and renew both the middle layer as well as repair and replace the heating element – as desired.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the inner layer of the facemask of Abbaszadegan to include a releasable slot or fold opening, as taught by Cummings to enable the refreshing, renewing, and/or replacement of both the middle layer and the heating element as desired.
As to Claim 5, Abbaszadegan discloses the face mask (100/120) having an outer layer (122), an inner layer (124), and at least one heating element (110), whereby the at least one heating element (110) is removable (“In various embodiments, the heating element 110 can be retrofit to existing masks. In various embodiments, the heating element 110 can be inserted in facial masks configured to receive an insertable filter. Both insertable and non-insertable embodiments of the present disclosure may be configured to continuously inactivate viruses and/or bacteria.” Column 3, Line 65 thru Column 4, Line 20).
Yet, does not expressly disclose the configuration of “the inner layer and the outer layer both comprise a releasable slot or fold opening configured to allow insertion and removal of the at least one heating element”.
Cummins teaches a facemask (Figures 1-3), comprising: an outer layer (50, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10); an inner layer (24, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10; and "In use of the mask, the person breathes in the normal manner. When the person inhales, inlet valve 28 opens and cold air is drawn from the exterior atmosphere through the inlet 24 and the chamber 68 where it is heated by heater assembly 54. The heated air is then drawn through the valve 28, housing 16 and into the nose and/or mouth of the person." Column 4, Line 60 thru Column 5, Line 10); at least one middle layer (48, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55) positioned between (best seen Figures 2 and 3) the outer layer (50) and the inner layer (24); and at least one heating element (54, "In accordance with this invention, a heater assembly 54 is mounted in the inlet 24 to heat cold air to an elevated temperature to provide warm air for inhalation by the user of the mask." Column 2, Line 50 thru Column 3, Line 5; also see: "A chamber 68 in which the cold air is heated is defined by the inlet 24, cap 50 and inlet check valve assembly 28. The air is primarily heated as it passes through the heater assembly 54 during inhalation. It has been found to be very satisfactory for the chamber 68 to have a volume of about 3 to 10 cubic inches." Column 3, Lines 1-10; and "In use of the mask, the person breathes in the normal manner. When the person inhales, inlet valve 28 opens and cold air is drawn from the exterior atmosphere through the inlet 24 and the chamber 68 where it is heated by heater assembly 54. The heated air is then drawn through the valve 28, housing 16 and into the nose and/or mouth of the person." Column 4, Line 60 thru Column 5, Line 10).
Regarding the remaining limitations of the claims, Cummins teaches the outer layer (50) and the inner layer (24) comprises a releasable slot or fold opening (via screwing of threads, "A filter disc 48 is received in a threaded cap 50 removably screwed on the inlet 24 and having inlet air passages 52 therethrough." Column 2, Lines 40-55) configured to allow insertion and removal of the at least one heating element (54). The resultant effect of this configuration is the ability to refresh and renew both the middle layer as well as repair and replace the heating element – as desired.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the inner layer and the outer layer of the facemask of Abbaszadegan to both include a releasable slot or fold opening, as taught by Cummings to enable the refreshing, renewing, and/or replacement of both the middle layer and the heating element as desired.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot.
In light of Applicant’s amendments, an updated search was performed and yielded a new conflicting reference, Abbaszadegan et al. (12,109,320), which has an effective filing date before the filing date of this instant application.
Abbaszadegan discloses a face mask (100/120, best seen in Figure 1 – in situ and Figure 4 – ex situ exploded sideview, “Referring now to FIG. 1, a facial mask 100 comprising a pathogen inactivation system 101 is illustrated, in accordance with various embodiments.” Column 3, Line 35-55; “Referring now to FIG. 4, a side partially exploded view of a facial mask 100, 200, 300 with a pathogen inactivation system 101 is illustrated, in accordance with various embodiments. The mask 120 of the facial mask 100, 200, 300 may be composed of various layers.” Column 5, Lines 20-40), comprising: an outer layer (122, “For example, the mask 120 may comprise an outer layer 122 and an inner layer 124. The outer layer 122 and inner layer 124 may each comprise a non-woven polypropylene material, in accordance with various embodiments. Although described herein as comprising a polypropylene material, the outer layer 122 and inner layer 124 are not limited in this regard and may comprise various materials as one skilled in the art will recognize. In various embodiments, the inner layer 124 and outer layer 122 may comprise different materials. In various embodiments, the heating element 110 from FIGS. 1-3 is disposed between the outer layer 122 and the inner layer 124.” Column 5, Lines 20-40); an inner layer (124, “For example, the mask 120 may comprise an outer layer 122 and an inner layer 124. The outer layer 122 and inner layer 124 may each comprise a non-woven polypropylene material, in accordance with various embodiments. Although described herein as comprising a polypropylene material, the outer layer 122 and inner layer 124 are not limited in this regard and may comprise various materials as one skilled in the art will recognize. In various embodiments, the inner layer 124 and outer layer 122 may comprise different materials. In various embodiments, the heating element 110 from FIGS. 1-3 is disposed between the outer layer 122 and the inner layer 124.” Column 5, Lines 20-40); at least one middle layer (126, “In various embodiments, the mask 120 comprises a filter layer 126. The filter layer 126 may be disposed between the outer layer 122 and the inner layer 124 in accordance with various embodiments. In various embodiments, a non-woven polypropylene melt blown layer. In various embodiments, the heating element 110 may be embedded within the filter layer 126. In this regard, the filter layer 126 may be an independent component of facial mask 100, 200, 300 and be insertable within the facial mask 100, 200, 300, in accordance with various embodiments.” Column 5, Lines 35-60) positioned between the outer layer (122) and the inner layer (124), wherein that at least one middle layer (126) comprises a non-woven filtering material (“a non-woven polypropylene melt blown layer” Column 5, Lines 35-60); and at least one heating element (110, “In various embodiments, the pathogen inactivation system 101 comprises a heating element 110. In various embodiments, the heating element 110 is disposed within the facial mask 100 (i.e., embedded in the facial mask 100). The heating element 110 may be configured to provide continuous heat to ambient air passing near, in, and/or through the facial mask 100. In various embodiments, the heating element 110 is capable of heating ambient air and/or the surface of the facial mask to a temperature capable of inactivating airborne viruses and/or bacteria.” Column 3, Lines 35-55; “In various embodiments, the heating element 110 can be integrated into the fabric of the facial mask 100. … In various embodiments, the heating element 110 comprises one or more active and/or passive components such as nichrome, conductive paste, heating polymers, and/or any other suitable heating element. In various embodiments, the heating element 110 comprises a wire 112 embedded within the mask 120.” Column 3, Line 65 thru Column 4, Line 20; “In various embodiments, the heating element 110 may be embedded within the filter layer 126.” Column 5, Lines 35-55) integrated (“integrated” Column 3, Line 65 thru Column 4, Line 20; “embedded” Column 5, Lines 35-55) into the non-woven filtering material (126). Hence, the claims are rejected.
It should be noted, Tan (2023/0149747), as cited in the former non-final rejection, mailed April 24, 2026 on Page 29, could have also been utilized to meet the new limitations of Claim 1 and several dependents for rejection. The construction of Tan yields a unitary device (“All components of the disposable medical face mask are integrated, which means that the mask must be disposed of after one use.” Para 0097) wherein each of the outer layer (113), the inner layer (102), the middle layer (132/202), and the at least one heating element (114) are all integrated, and the middle layer (132/202) is constructed of a non-woven filtering material (“The device is made up of multiple non-woven layers, which may or may not have a particle filter layer and a shape supporting layer.” Para 0031; also see: 132 – “The filter piece (132) is located between the inner layer (102) and heating element (114) and may have a single or multiple meltblown nonwoven layers; this will be explained later in future paragraphs and in FIG. 2.” Para 0046; and 202 – “The inner layer (102) may overlap the filter layer (202) that is made with a single nonwoven meltblown material that filters tiny particles from the air.” Para 0057; “The melt blowing process used for the filter (202) is a manufacturing process that converts a polymer into small micro- or nanofiber filaments, which are then integrated as a nonwoven fabric.” Para 0061). Tan has a provisional application date that is before the effective filing date of this instant application.
In light of the aforementioned reasoning, the non-final rejection of the claims has been maintained and made FINAL.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights