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 .
Status of Claims
This Office Action is in response to the amendment filed 7/29/25. As directed by the amendment, claim 1 has been amended. Claims 4 and 5 are cancelled. Claims 1-3 and 6-13 are pending in this application.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
In the instant case there does not appear to be any means for language in the claims and/or language to be considered under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102 AIA
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6, 7, 11, 12 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang CN 212260565 U (hereinafter Wang).
Regarding claim 1, Wang discloses a face mask (Abstract seen in annotated Figures 1-6) comprising: goggles (10, as seen in annotated Figures 1-6); a frame portion (1, 4 and 11, as seen in annotated Figures 1-6) disposed below the goggles (as seen in annotated Figures 1-6), the frame portion comprising a plurality of first air openings (17, as seen in annotated Figures 1-6); and a front plate (1, 2 and 9, as seen in annotated Figures 1-6) disposed over the frame portion (as seen in annotated Figures 1-6), the front plate comprising a plurality of second air openings (as seen in annotated Figures 1-6), wherein the plurality of first air openings are not aligned with the plurality of second air openings (as seen in annotated Figures 1-6 – the first openings include two sets of slit openings side by side- from the edge of the frames periphery to the center and from the center to the opposite of the periphery – horizontally oriented – the slits extend across the entire outer mask portion 1. The inner cover, (9), also has openings but they are not aligned with portion (1). Portion (9) has 3 rows of box shaped openings not extending to the entire periphery; therefore, the air would not be able to move directly through the mask from one side to the other. Further, the channels on the back side of portion (1) are shaped to redirect the flow of the air) so that air follows an indirect path between the plurality of first air openings and the plurality of second air openings (Abstract, as seen in annotated Figures 1-6), wherein the frame portion (1, 4 and 11) comprises a plurality of bridges (as seen in annotated Figure 4 and 5) with each bridge formed adjacent to a corresponding one of the plurality of first air openings (17, as seen in annotated Figure 3 – when the front plate is attached to the frame portion), and wherein each of the plurality of second air openings of the front plate (as seen in annotated Figure 4 and 5) are aligned with a corresponding one of the plurality of bridges of the frame portion (as seen in annotated Figure 4 and 5) so that each of the plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings (as seen in annotated Figure 4 and 5).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (First air openings.)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second air openings.)][AltContent: textbox (The plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings.)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (The plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings.)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Front plate. )][AltContent: arrow][AltContent: textbox (A plurality of bridges.)]
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[AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Each bridge formed adjacent to a corresponding one of the plurality of first air openings. )][AltContent: arrow][AltContent: textbox (The plurality of second air openings of the front plate are aligned with a corresponding one of the plurality of bridges of the frame portion.)]
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[AltContent: arrow][AltContent: textbox (Frame portion.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Goggles. )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A face mask. )]
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[AltContent: arrow][AltContent: connector][AltContent: ][AltContent: arrow][AltContent: textbox (The frame portion disposed below the goggles. )][AltContent: textbox (A front plate disposed over the frame portion. )]
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[AltContent: textbox (The front plate comprising a plurality of second air openings. )]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (First air openings)][AltContent: textbox (Fig 5)][AltContent: textbox (Fig 4)][AltContent: textbox (Fig 2)][AltContent: textbox (Fig 6)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wherein the plurality of first air openings are not aligned with the plurality of second air openings. )]
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[AltContent: textbox (So that air follows an indirect path between the plurality of first air openings and the plurality of second air openings. )]
air
Regarding claim 2, Wang discloses wherein the frame portion (1, 4 and 11) has a contoured top surface (as seen in annotated Figures 1 and 3) and the goggles (as seen in annotated Figures 1 and 3) have a contoured bottom surface (as seen in annotated Figures 1 and 3) that corresponds with the contoured top surface of the frame portion (as seen in annotated Figures 1 and 3).
[AltContent: textbox (Bottom surface of the goggles.)][AltContent: textbox (Contoured top surface of the frame portion.)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Regarding claim 6, Wang discloses wherein the goggles (10) are attached to the frame portion (via straps 6 and 7 and fastening clips 5, as seen in annotated Figure 1).
Regarding claim 7, Wang discloses wherein the goggles (10) are not attached to the frame portion (4, as seen in Figure 3).
Regarding claim 11, Wang discloses wherein the frame portion (1, 4 and 11, as seen in annotated Figure 1) comprises an upper portion (as seen in annotated Figure 1) and a lower portion (as seen in annotated Figure 1), and the plurality of first air openings (as seen in annotated Figure 1) are disposed in the lower portion (as seen in annotated Figure 1)[AltContent: arrow][AltContent: textbox (First air openings)][AltContent: textbox (Lower portion)][AltContent: textbox (Upper portion)][AltContent: ][AltContent: ]
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[AltContent: arrow]
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Regarding claim 12, Wang discloses wherein the frame portion (1, 4 and 11 as seen in annotated Figures 1 and 3) further comprises at least one additional opening disposed in the upper portion (as seen in annotated Figure 3).
[AltContent: arrow][AltContent: textbox (At least one additional opening disposed in the upper portion.)]
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Regarding claim 13, Wang discloses wherein the plurality of first air openings (as seen in annotated Figures 2, 4 and 5) and the plurality of second air openings are air slots (as seen in annotated Figures 2, 4 and 5).
[AltContent: textbox (The plurality of first air openings and the plurality of second air openings are air slots.)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second opening)][AltContent: arrow][AltContent: textbox (First openings)][AltContent: arrow][AltContent: arrow]
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Claim Rejections - 35 USC § 103 AIA
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang CN 212260565 U (hereinafter Wang) in view of Geng CN 111329160 A (herein after Geng).
Regarding claim 3, the face mask of the Wang discloses all the limitations of claim 3 except Wang does not disclose wherein the front plate is configured to be fitted over and affixed to the frame portion.
Geng discloses wherein the front plate (116, 117) is configured to be fitted over and affixed to the frame portion (as seen in annotated Figures 1 and 2).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Frame portion)][AltContent: arrow][AltContent: textbox (Front plate)][AltContent: textbox (Figure 1)][AltContent: textbox (Figure 2)]
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Geng is analogous art to the claimed invention in that it provides an upper support portion made from a flexible material.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the footwear of Wang by constructing the front plate to be configured to be fitted over and affixed to the frame portion as taught by Geng, in order to easily secure the ventilated portions of the front plate to the frame. The modification of the front plate would be a simple modification to obtain predictable results, attaching and removing the front plate to clean and adjust the filters and device.
Regarding claim 8, the modified face mask of the combined references discloses wherein the front plate (116 of Geng) is attached to the frame portion (as seen in annotated Figures 1 and 2 of Geng).
Regarding claim 9, the modified face mask of the combined references discloses wherein the front plate (116, as seen in annotated Figures 1 and 2 of Geng) is attached to the frame portion (116 and 117 of Geng) by at least one snap-fit connection (120 of Geng).
“….through plastic suction process; the mask main body 110 is fixedly mounted with an eyeshade mounting seat 111; the eyeshade mounting seat 111 is fixedly mounted with an eyeshade lens 112; two sides of the front face of the mask main body 110 are provided with a wearing through hole 113; and the number of wearing through hole 113 is two, mask main body 110 is provided with a mask filter bracket groove body 114, and mask filter bracket groove body 114 and the mask main body 110 as a whole, mask filter bracket groove body 114 of the front surface is uniformly provided with a first suction hole main body 115; mask filter bracket groove body 114 is clamped with a mask bracket gland main body 116, mask bracket gland main body 116 is uniformly provided with a second suction hole main body 117, and the second suction hole main body 117 are connected with the first suction hole main body 115; two sides of the mask bracket pressing cover main body 116 are provided with a clamping groove 120,…” Geng – Google Translation
Regarding claim 10, the modified face mask of the combined references discloses wherein the front plate (Abstract of Wang) is attached to the frame portion by adhesive (Abstract of Wang – adhesive as defined by Merriam Webster as being “…tending to adhere or cause adherence…” ).
Abstract
“…a combined protective mask, comprising a main body, a cover plate, a filter cloth, a fixed headband and a fixed neck band; the main body comprises a protective part and a mask part…:…the periphery edge of the main body is connected with a sealing edge…:..The sealing part of the utility model, main body part, cover plate part, fixing belt part can be used for a long time…”
Merriam Webster defining sealing as “…adhesive stamp that may be used to close a letter or package: something that secures (such as a wax seal on a document): a closure that must be broken to be opened and that thus reveals tampering :a tight and perfect closure (as against the passage of gas or water)…”
Arguments
Applicant’s arguments have been fully considered but are not convincing. Applicant’s arguments are directed towards structural elements included in the amended claims and thus do not apply to the combinations of references used to teach the limitations of the amended claims in the current rejection and/or the manner in which prior art has been applied in the current rejection. In view of Applicant's amendments, the search has been updated, and a rejection on the amended claims is applied above.
In response to the applicant’s arguments that the combined references do not teach “…wherein each of the plurality of second air openings of the front plate are aligned with a corresponding one of the plurality of bridges of the frame portion so that each of the plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings…”, the examiner respectfully disagrees. Wang, annotated Figures 4 and 5, teach each of the plurality of second air openings of the front plate are aligned with a corresponding one of the plurality of bridges of the frame portion so that each of the plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second air openings.)][AltContent: textbox (The plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings.)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (The plurality of bridges is disposed directly behind a corresponding one of the plurality of second air openings.)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Front plate. )][AltContent: arrow][AltContent: textbox (A plurality of bridges.)]
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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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M FERREIRA whose telephone number is (571)270-5916, fax number (571) 270-6916. The examiner can normally be reached on Monday - Thursday 9:00 am- 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, ALISSA J. TOMPKINS at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Catherine M. Ferreira/
Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732