DETAILED ACTION
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 .
This office action is in response to preliminary amendment filed on 04/25/2024. As directed by the amendment, no claims were canceled, claims 4-5 and 8-10 were amended, and no claims were newly added. Thus, claims 1-11 are presently pending in this application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a catch part” of claim 4 line 2 and “a pair of left and right pieces” of claim 10 line 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the use of both terms [0024-0029, 0043] “a catch part” and “foldback part” to describe the same structure. See MPEP § 608.01(o) “The use of a confusing variety of terms for the same thing should not be permitted.”
Claim Objections
Claims 1-5 and 9-10 objected to because of the following informalities:
Regarding claim 1 lines 5 and 6, claim 3 line 1-2, claim 4 lines 3, 4, and 5-6, claim 5 lines 9, 10, and 12, claim 9 line 2, and claim 10 line 2, the term “the metal mesh component” should read --the antibacterial metal mesh component-- to remain consistent from claim 1 line 4.
Regarding claim 2 line 3, the term “the mask body” should read --the face mask body-- to remain consistent from claim 1 line 2.
Regarding claim 2 line 3, claim 3 line 2, claim 4 line 2, claim 6 line 3, the term “the opening” should read --the side-opened opening-- to remain consistent from claim 1 line 6.
Regarding claim 9 line 3, the term “the cover” should read --the cloth cover-- to remain consistent with claim 9 line 2.
Regarding claim 10 line 4, the term “the left and right pieces” should read --the pair of left and right pieces-- to remain consistent with line 3.
Appropriate correction is required.
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 1-11 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.
Regarding claim 1 line 4, the term “an antibacterial metal mesh component” is unclear as to if the term is the same or different, or encompasses, the “metal mesh insert” of claim 1 line 1.
Regarding claim 2 line 3-4, the term “the opening is formed while retracted from both lateral ends of the mask body towards the center” is unclear as to what structure is being retracted in order to form the opening. What is retractable away from lateral ends of the mask body? In line 3, the term “both lateral ends” is unclear as to if the term is the same or different than in line 2.
Regarding claim 4 lines 1-3, the term “the pocket has formed therein a catch part provided near the opening, so as to protrude towards the center in a width direction of the face mask body and to catch the metal mesh component” is unclear as to what structure the “a catch part” is. How is the structure able to protrude, and protrude from what relative structure?
Regarding claim 5 line 1-2, the term “the face mask body is constituted by two pieces of cloth arranged front and back while forming the pocket in between” is unclear as to where the “front” and “back” are measured relative to. In line 7, the terms “the front cloth” and “the backing cloth” are indefinite because they both lack proper antecedent basis. In line 7, the term “the center” is indefinite because it lacks proper antecedent basis.
Regarding claim 6 line 3-4, the term “the opening is formed while retracted from both lateral ends of the front cloth towards the center” is unclear as to what structure is being retracted in order to form the opening. What is retractable away from lateral ends of the front cloth?
Regarding claim 9 line 4, the term “the sewed part is provided to an overlapped part” is unclear as to if the sewed part and overlapped part are the same or different structures. They appear to be the same structure in Fig. 6, sewed part 41a and overlapped part 41b. Thus, how can the sewed part be “provided to” an overlapped part? In line 6, the term “the overlapped part and the sewed part protrude out of the metal mesh” is unclear how the overlapped and sewed parts “protrude” out of the metal mesh since they are components of “the cover”, see lines 3-4 of claim 9. Do they “protrude” as a seam would?
Regarding claim 11 line 4-5, the term “the vertical direction” is indefinite because it lacks proper antecedent basis.
Any remaining claims are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 2022/0007756) in view of Kuhn (US 2022/0339475).
Regarding claim 1, Chan discloses a face mask with metal mesh insert (see Chan protective mask 1 with functional insert member 40) comprising:
a face mask body structured to cover a human mouth and around (see Chan mask 1);
a mask cord provided to each of both lateral sides of the face mask body (see Chan two wearing members 51).
Chan discloses a filter component attachable to the face mask body (see Chan functional insert member 40 ), but is silent as to an antibacterial metal mesh component attachable to the face mask body. However, Kuhn teaches an antibacterial metal mesh component attachable to the face mask body (see Kuhn Fig. 5A-B insert 10d into face mask 20d having pocket 42. [0038] Insert 10b has filtering portion 16b made of cidal metal or cidal metal alloy mesh. Wherein [0005] “Cidal (pathogen and microbial-killing) metals… due to cidal (killing) antimicrobial properties of such metals”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the components attachable to the face mask body of Chan with the antibacterial metal mesh component material as taught by Kuhn so as to provide additional antimicrobial effects to the filter component, and as this would have been an obvious substitution for one known type of component material for another and would yield predictable results, i.e. protect the wearer from airborne pathogens.
Modified Chan discloses the face mask body having a pocket into which the metal mesh component is enclosed (see Chan mounting pocket 200), and
the pocket having a side-opened opening (see Chan receiving opening 201), through which the metal mesh component can be inserted or taken out (see Chan Fig. 3A to 3B shows insert 40 inserting into pocket 200).
Regarding claim 2, modified Chan discloses the face mask body has a vertical length which is longer in a center part than at both lateral ends (see Chan Figs. 2A-B upper edge 101 of mask body 10 and lower edge 102 each have an apex point in the middle vertical length of the mask body 10), and
the opening is formed while retracted from both lateral ends of the mask body towards the center (see Chan Fig. 2A to 2B opening 201 is formed by deforming towards center; see Fig. 3A where the user further retracts to form opening 201 for insert 40).
Regarding claim 3, modified Chan discloses the metal mesh component has a vertical size which is larger than a vertical size of the opening (see Chan Fig. 3A shape of insert 40 has extended hexagonal shape with peaked vertical height; [0076] shape of insert 40 matches the shape of pocket 200 in a size slightly smaller), and smaller than a vertical size of the center part of the pocket (see Chan [0076] shape of insert 40 matches the shape of pocket 200 in a size slightly smaller, where pocket 200 is the center part vertical size).
Regarding claim 4, modified Chan discloses the pocket has formed therein a catch part provided near the opening (see Chan [0074] Fig. 3A inner layer 12 includes first, second, and third inner layer elements 121, 122, 123. Either side of second layer element 122 forms openings 1210, 1230 which are the portions able to “push back” as shown in Fig. 3A-B to catch the insert 40 as shown in Fig. 3C), so as to protrude towards the center in a width direction of the face mask body and to catch the metal mesh component (see Chan openings 1210, 1230 push inward in a width direction to receive insert 40 in Figs. 3A-B [see Fig. 3B label 1210 showing the wrinkled lines of mask layer 122] and are then extended to their original placement so as to secure insert 40), and
the catch part is provided so as to overlap the metal mesh component in a width direction of the face mask with metal mesh insert (see Chan Figs. 3A-C shows fabric of mask inner layer element 122 folding towards the center to put in insert 40 and folding back outwards to secure insert 40, overlapping 40 in Fig. 3C), in a state the center part in the width direction of the metal mesh component is aligned with the center part in the width direction of the face mask body (see Chan [0076] shape of insert 40 matches the shape of pocket 200 in a size slightly smaller; thus when insert 40 is within pocket 200 the shape is aligned).
Regarding claim 5, modified Chan discloses the face mask body is constituted by two pieces of cloth arranged front (see Chan outer layer 11; Fig. 1A) and back (see Chan inner layer 12 comprising elements 121, 122, 123) while forming the pocket in between (see Chan pocket 200 between inner and outer layers 12, 11 [0072]),
a foldback part is formed by folding an end portion (see Chan [0074] Fig. 3A inner layer 12 includes first, second, and third inner layer elements 121, 122, 123. Either side of second layer element 122 forms openings 1210, 1230), in the width direction of the face mask with metal mesh insert (see Chan portion of second inner layer element 122 associated with openings 1210, 1230 “push back” as shown in Fig. 3A-B to catch the insert 40 as shown in Fig. 3C), of the backing cloth towards the center and inwards the pocket (see Chan portions of second inner layer 122’s openings 1210, 1230 push inward in a width direction to receive insert 40 in Figs. 3A-B [see Fig. 3B label 1210 showing the wrinkled lines of mask layer 122]),
the foldback part is provided so as to overlap the metal mesh component in the width direction (see Chan Figs. 3A-C shows fabric of mask inner layer element 122 folding towards the center to put in insert 40 and folding back outwards to secure insert 40, overlapping 40 in Fig. 3C), in a state the center part of the metal mesh component in the width direction is aligned with the center part of the face mask body in the width direction (see Chan [0076] shape of insert 40 matches the shape of pocket 200 in a size slightly smaller; thus when insert 40 is within pocket 200 the shape is aligned), and
the foldback part catches the metal mesh component (see Chan as shown in Fig. 3A-B portions of layer 122 associated with openings 1210, 1230 catch the insert 40 as shown in Fig. 3C).
Regarding claim 6, modified Chan discloses the backing cloth is formed with a lateral width set shorter than a lateral width of the front cloth (see Chan section 122 of inner layer 12 is shorter in width than the entirety of the mask width established by outer layer 11), and
the opening is formed while retracted from both lateral ends of the front cloth towards the center (see Chan Fig. 2B pocket 200’s openings 201 formed by wrinkling the sides of openings 201 inwards).
Regarding claim 7, modified Chan discloses the catch part is formed by folding back the end portion of the backing cloth towards the center (see Chan Figs. 3A-C shows fabric of mask inner layer element 122 folding towards the center to put in insert 40 and folding back outwards to secure insert 40, overlapping 40 in Fig. 3C).
Regarding claim 8, modified Chan discloses the catch part has a near-the-center edge overlocked (see Chan [0097] edge of inner layer 12 portion 122 attached to outer layer 11 sewing edge to edge).
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chan in view of Kuhn as applied to claim 1 above, and further in view of Hassan (US 2021/0378324).
Regarding claim 9, modified Chan discloses the metal mesh component has a metal mesh (see Chan insert 40 modified by Kuhn in claim 1 to be a metal comprising material), but is silent as to a cloth cover that encloses the metal mesh, the cover has a sewed part formed along at least one side of the metal mesh, the sewed part is provided to an overlapped part in which partial areas of the covers are overlapped, the overlapped part and the sewed part protrude out of the metal mesh, and the overlapped part has, at an upper end thereof, an upper folded part which is folded and sewed on a peripheral part.
However, Hassan teaches a cloth cover that encloses the mesh (see Hassan filtration cartridge 201, acting as a cover, to contain activated carbon interior 202, as the filtering mesh),
the cover has a sewed part formed along at least one side of the metal mesh (see Hassan [0022] cartridge 201 is sewn shut with cotton thread 204 along the edge; Fig. 2),
the sewed part is provided to an overlapped part in which partial areas of the covers are overlapped (see Hassan [0022] Cartridge 201 is folded over 203 and sewn shut with threat 204),
the overlapped part and the sewed part protrude out of the mesh (see Hassan Fig. 2 activated carbon 202 is inside cartridge 201, with overlap 203 and sewn threats 204 protruding outside of cartridge 201 and thus carbon 202), and
the overlapped part has, at an upper end thereof, an upper folded part which is folded and sewed on a peripheral part (see Hassan Fig. 2 each folded line 203 is along a periphery of cartridge 201 including an upper part).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the metal mesh of modified Chan with the cloth cover that encloses the mesh as taught by Hassan so as to provide an additional level of filtration with the cloth cover along with the metal mesh antimicrobial properties, thus increasing filtering efficiency as a whole.
Regarding claim 11, modified Chan discloses a lower end of the overlapped part (see Hassan Fig. 2 lower quadrant of cartridge 201), a lower folded part which is folded upwards and sewed on the peripheral part (see Hassan sewn 204 along a fold within the lower quadrant of cartridge 201), and
the upper folded part is formed so as to be longer than the lower folded part in the vertical direction (see Hassan fold 203 in Fig. 2 is thicker at the top of cartridge 201 than the sewn fold at the depicted thread 204 at the bottom of cartridge 201).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chan in view of Kuhn as applied to claim 1 above, and further in view of Hassan and Farshoukh (US 2021/0345696).
Regarding claim 10, modified Chan discloses the metal mesh component has a metal mesh (see Chan insert 40 modified by Kuhn in claim 1 to be a metal comprising material), but is silent as to a cloth cover that encloses the metal mesh, and is provided as a pair of left and right pieces, a sewed part is provided so as to extend vertically between the left and right pieces, and an upper end of the sewed part is folded and sewed on a peripheral part.
However, Hassan teaches a cloth cover that encloses the mesh (see Hassan filtration cartridge 201, acting as a cover, to contain activated carbon interior 202, as the filtering mesh). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the metal mesh of modified Chan with the cloth cover that encloses the mesh as taught by Hassan so as to provide an additional level of filtration with the cloth cover along with the metal mesh antimicrobial properties, thus increasing filtering efficiency as a whole.
Modified Chan is silent as to the metal mesh component is provided as a pair of left and right pieces, a sewed part is provided so as to extend vertically between the left and right pieces, and an upper end of the sewed part is folded and sewed on a peripheral part. However, Farshoukh teaches a filter mesh component is provided as a pair of left and right pieces (see Farshoukh [0042] filter panel 150 joined at central seam 115, forming left and right pieces), a sewed part is provided so as to extend vertically between the left and right pieces (see Farshoukh central seam 115). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seams of the metal mesh component of modified Chan with the addition of a central seam so as to constitute right and left pieces as taught by Farshoukh, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, and the duplication of a seam is merely duplication or parts and rearrangement of parts, see MPEP 2144.04 VI (B,C). In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Modified Chan discloses and an upper end of the sewed part is folded and sewed on a peripheral part (see Hassan upper fold line 203 with seam 204 would encompass a central seam as taught by Farshoukh above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant' s disclosure.
Nagao et al. (US 2014/0182602) is cited to show a mask with multiple filter layers, including an antimicrobial insert, between an outer and inner layer.
Matsui (US 2022/0233895) is cited to show a face mask with metal layer and mesh material.
Lee et al. (US 2015/0216241), Silverberg (US 2021/0337889), Mable et al. (US 12,324,465), and Semerly et al. (US 12,544,603) are cited to show a face mask with a pocket.
Okazaki (US 2021/0052488) is cited to show to face mask with sheet insert comprising metal particles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GWYNNETH L HOWELL whose telephone number is (703)756-4742. The examiner can normally be reached 8:30-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tim Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GWYNNETH L HOWELL/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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