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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Response to Amendment
The amendment to the claims filed on 12/31/2025 has been entered. In the amendment, claims 1, 4-5, 12-13, 16 and 20 are amended. Claims 2, 3 and 17-18 are cancelled. Claims 1, 4-16 and 19-20 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 2-3, filed 12/31/2025, with respect to figures 1A-E, 5A, 5B, 5C, 5D, 12A-C and 19 have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Applicant’s arguments, see pages 5-7, filed 12/31/2025, with respect to the rejection(s) of claim(s) 1 and 16 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously cited Bedingham (US 2023/0148871) in view of newly cited Baker (US 2018/0008849).
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.
Claim(s) 1, 4-7, 12, 16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849).
Regarding claim 1, Bedingham discloses a smart face mask device (13A) (Fig. 3; [0088]; NOTE: the mask has an associated computing device and is thus a smart mask) comprising: a housing (301) ([0086]; NOTE: computing device is located within the facepiece as seen in annotated Fig. 3 below and the facepiece is a housing for the computing device as seen in Fig. 3)
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that is designed to mount to a personal protective face mask (13A) ([0086]; NOTE: respirator 13A includes a facepiece and as seen in Fig. 3, the facepiece is a part of and thus mounted to components of the face mask 13A); a memory (304) within the housing ([0090];[0091]; NOTE: as the storage device [memory] is within the computing device that is within the housing it follows that the memory is within the housing) that is configured to store sensor data ([0092]; capable of intended use); one or more sensors (308) ([0087]) configured to generate the sensor data during use of the personal protective mask ([0087]; [0092]; capable of intended use), wherein the one or more sensors include a pressure sensor (310) ([0095]) such that the sensor data includes sensed pressure values within the personal protective face mask([0094]; [0095]; NOTE: air pressure in the sealable space between the face of the worker and the faceplate is within the personal protective face mask); and a processor (302) operatively coupled to the memory (Fig. 3; [0090]) and configured to: process the sensed pressure values while the personal protective mask is being worn by a user ([0099]-[0101]); and transmit information to a remote application (e.g. devices used by users 20, 24, Fig. 1; [0066]-[0072]; [0097]; NOTE: output unit is configured to transmit sensor data to another processing device via communication unit thus the information regarding the user is transmitted to a remote application).
Bedingham does not disclose a processor configured to: process the sensed pressure values while the personal protective mask is being worn by a user to assess mask fit of the personal protective face mask on the user; and transmit information regarding the mask fit to a remote application.
Baker teaches an analogous smart face mask device (10) ([0074], mask with CPU) comprising an analogous personal protective face mask (16) (Fig. 1) ([0074], respirator); one or more sensors (12) ([0043]) configured to generate sensor data during use of the personal protective mask ([0074], air pressure sensor), wherein the one or more sensors include a pressure sensor (12) ([0074]) such that the sensor data includes sensed pressure values within the personal protective face mask ([0074], monitor a drop in air pressure within the sealed interior volume of the respirator); and an analogous processor ([0074], CPU) configured to: process the sensed pressure values ([0074], CPU is adapted to indicate the start of a fit-check and monitors a drop in pressure) while the personal protective face mask is being worn by a user to assess mask fit of the mask on the user ([0074]); and transmit information regarding the mask fit to a remote application ([0074], if the measured air pressure within the sealed interior volume of the respirator at the end of the predetermined time period is above the upper threshold value to indicate via the indicator a “fail” result; NOTE: an indicator indicating failed result is an alert response to a determination that the mask fit of the personal protective face mask does not satisfy a mask fit threshold; [0023], in certain embodiments the indicator is separate from the pressure sensor/CPU, for example, an app that is displayed on a computer or tablet PC or smartphone device. This can be accomplished by providing a wireless RF communication link between the CPU and the computer, tablet or smartphone device; NOTE: the indicator is a remote application to which the processor [CPU] transmits information regarding mask fit to e.g. “fail” result regarding mask fit).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the processor of Bedingham is configured to process the sensed pressure values while the personal protective face mask is being worn by a user to assess mask fit of the personal protective face mask on the user; and transmit information regarding the mask fit to a remote application, as taught by Baker, in order to provide an improved smart face mask that indicates mask fit (Baker, [0074]) and in which the instructions to the wearer and/or the test results can be presented via a GUI of the computer, table PC or smartphone (Baker, [0023]).
Regarding claim 4, Bedingham in view of Baker discloses the invention as described above with regard to claim 1.
Baker further teaches wherein the processor is configured to determine an integral of a pressure drop across the personal protective face mask to assess the mask fit ([0074], CPU [processor] monitors a drop in air pressure until a lower threshold air pressure is reached within a predetermined period of time to assess mask fit; NOTE: the processor is monitoring a drop in pressure until a threshold is reached within a predetermined period of time and is thus configured to determine an integral of a pressure drop across the personal protective face mask to assess the mask fit).
Regarding claim 5, Bedingham in view of Baker discloses the invention as described above with regard to claim 1.
Baker further teaches wherein the processor is configured to generate an alert responsive to a determination that the mask fit of the personal protective face mask does not satisfy a mask fit threshold ([0074], if the measured air pressure within the sealed interior volume of the respirator at the end of the predetermined time period is above the upper threshold value to indicate via the indicator a “fail” result; NOTE: an indicator indicating failed result is an alert response to a determination that the mask fit of the personal protective face mask does not satisfy a mask fit threshold).
Regarding claim 6, Bedingham in view of Baker discloses the invention as described above with regard to claim 1.
Bedingham further discloses wherein the one or more sensors include a temperature sensor ([0094]) such that the sensor data includes temperature values within the personal protective face mask ([0094]; NOTE: one of the sensors 308 [which is including a temperature sensor] may be coupled to an inner wall of the respirator cavity thus the temperature sensor data would include temperature values with the personal protective face mask).
Regarding claim 7, Bedingham in view of Baker discloses the invention as described above with regard to claim 6.
Bedingham further discloses wherein the processor processes the temperature values to determine a respiration rate of the user of the personal protective face mask ([0111]; [0102]; Fig. 3; NOTE: signals including pressure, temperature and humidity can be used to estimate a worker’s respiration rate and a set of algorithms performed by an internal computing device may be used and an internal computing device 300 has a processor).
Regarding claim 12, Bedingham in view of Baker discloses the invention as described above with regard to claim 1.
Baker further teaches wherein the processor is configured to determine whether the mask is being worn based on the sensed pressure values from the pressure sensor ([0074], as a mask fit pressure sensor can determine a tightness of the fit of the mask it can be used to determined that the mask is being worn i.e. there are pressure values [versus the mask not being worn, i.e. no pressure values]; capable of intended use).
Regarding claim 16, Bedingham discloses a method of monitoring a face mask (13A) ([0036]), the method comprising: obtaining sensor data ([0087]; [0092]) from one or more sensors (308) mounted to a housing ([0087]; annotated Fig. 3 above with regard to the claim 1 rejection; NOTE: inside the sealable space of a molded body of the facepiece is a housing; [0090]; computing device includes one or more sensors and the computing device 300 in Fig. 3 is within a structure on the face mask that is a housing) that is secured to a personal protective face mask (Fig. 3), wherein the one or more sensors include a pressure sensor (310) ([0095]) such that obtaining the sensor data includes obtaining pressure values within the personal protective face mask ([0094]; [0095]; NOTE: air pressure in the sealable space between the face of the worker and the faceplate is within the personal protective face mask); storing the sensor data in a memory (304) ([0090]; [0091]; [0092]) that is within the housing ([0090];[0091]; NOTE: as the storage device [memory] is within the computing device that is within the housing it follows that the memory is within the housing); processing ([0099]-[0101]), by a processor (302) operatively coupled to the memory (Fig. 3; [0090]), the obtained pressure values ([0099]); and transmitting information to a remote application (e.g. devices used by users 20, 24, Fig. 1; [0066]-[0072]; [0097]; NOTE: output unit is configured to transmit sensor data to another processing device via communication unit thus the information is transmitted to a remote application).
Bedingham does not disclose processing by a processor, the obtained pressure values to assess mask fit of the personal protective mask; and transmitting information regarding the mask fit to a remote application.
Baker teaches an analogous method of monitoring a face mask (16) ([0074], respirator), the method comprising: obtaining sensor data from one or more sensors of a personal protective face mask ([0074], air pressure sensor), wherein the one or more sensors include a pressure sensor (12) ([0074]) such that obtaining the sensor data includes obtaining pressure values within the personal protective face mask ([0074], monitor a drop in air pressure within the sealed interior volume of the respirator); processing by an analogous processor ([0074], CPU) the obtained pressure values to asses mask fit of the personal protective mask ([0074], CPU is adapted to indicate the start of a fit-check and monitors a drop in pressure); and transmitting information regarding the mask fit to a remote application ([0074], if the measured air pressure within the sealed interior volume of the respirator at the end of the predetermined time period is above the upper threshold value to indicate via the indicator a “fail” result; NOTE: an indicator indicating failed result is an alert response to a determination that the mask fit of the personal protective face mask does not satisfy a mask fit threshold; [0023], in certain embodiments the indicator is separate from the pressure sensor/CPU, for example, an app that is displayed on a computer or tablet PC or smartphone device. This can be accomplished by providing a wireless RF communication link between the CPU and the computer, tablet or smartphone device; NOTE: the indicator is a remote application to which the processor [CPU] transmits information regarding mask fit to e.g. “fail” result regarding mask fit).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide to the method of monitoring a face mask of Bedingham processing the obtained pressure values to assess mask fit, and to provide transmitting information regarding the mask fit to a remote application, as taught by Baker, in order to provide an improved method of monitoring a face mask that indicates mask fit (Baker, [0074]) and in which the instructions to the wearer and/or the test results can be presented via a GUI of the computer, table PC or smartphone (Baker, [0023]).
Regarding claim 19, Bedingham in view of Baker discloses the invention as described above with regard to claim 16.
Bedingham further discloses wherein the one or more sensors include a temperature sensor ([0094]) such that obtaining the sensor data includes obtaining temperature values within the personal protective face mask ([0094]; NOTE: one of the sensors 308 [which is including a temperature sensor] may be coupled to an inner wall of the respirator cavity thus the temperature sensor data would include temperature values with the personal protective face mask).
Regarding claim 20, Bedingham in view Baker discloses the invention as described above with regard to claim 19.
Bedingham further discloses processing, by the processor, the obtained temperature values to determine a respiration rate of the user of the personal protective face mask ([0111]; [0102]; Fig. 3; NOTE: signals including pressure, temperature and humidity can be used to estimate a worker’s respiration rate and a set of algorithms performed by an internal computing device may be used and an internal computing device 300 has a processor).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849) as applied to claim 7 above, and further in view of Friberg (US 2013/0104899)
Regarding claim 8, Bedingham in view of Baker discloses the invention as described above with regard to claim 7.
Bedingham further discloses wherein the processor generates an alert responsive to a determination that a temperature is not within a threshold range of temperatures ([0122]).
Bedingham in view of Baker does not disclose wherein the processor generates an alert responsive to a determination that the respiration rate is not within a threshold range of respiration rates.
Friberg teaches an analogous mask (14) having an analogous sensor (12) for determining a respiration rate ([0076]) an analogous processor (7) ([0068]; [0070]) wherein the processor generates an alert responsive to a determination that the respiration rate is not within a threshold range of respiration rates ([0021]; [0080]; [0081]; [0065]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the processor of the smart face mask of Bedingham in view of Baker generates an alert responsive to a determination that the respiration rate is not within a threshold range of respiration rates as taught by Friberg, in order to provide an improved smart face mask that facilitates a warning to draw the attention of the operator to a circumstance pertaining to respiration (Friberg, [0021])
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849) as applied to claim 1 above, and further in view of Hafeman (US 11433212)
Regarding claim 9, Bedingham in view of Baker discloses the invention as described above with regard to claim 1.
Bedingham in view of Baker does not disclose wherein the one or more sensors include an inertial measurement unit such that the sensor data includes information regarding movement of the personal protective face mask.
Hafeman teaches an analogous personal protective face mask (12) having an analogous one or more sensor (103) that includes an inertial measurement (col. 17, line 64 to col. 18 line 4) such that the sensor data includes information regarding movement of the personal protective face mask (col. 17, line 64 to col. 18, line 4).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the one or more sensors of the smart face mask of Bedingham in view of Baker include an inertial measurement unit such that the sensor data includes information regarding movement of the personal protective face mask in order to provide an improved smart face mask that monitors motion of the face mask system and that facilitates identification of reversals of air flow (Hafeman, col. 17, line 64 to col. 18, line 4).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849) and in further view of Hafeman (US 11433212) as applied to claim 9 above, and further in view of Fox (US 2023/0099622).
Regarding claim 10, Bedingham in view of Baker and in further view of Hafeman discloses the invention as described above with regard to claim 9.
Bedingham further discloses wherein the processor processes the information regarding the personal protective face mask ([0099]).
Bedingham in view of Baker and in further view of Hafeman does not disclose wherein the processor processes the information regarding movement of the personal protective face mask to determine a heartbeat of the user of the personal protective face mask.
Fox teaches a system (100) for inferring sleep states and states ([0094]) having an analogous mask (124) ([0073]), an analogous processor (110) (control systems, [0049]) a analogous sensor (147) and analogous information regarding movement to determine a heartbeat of the user ([0099]; The motion data can be indicative of motion, breathing heart rate).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the processor of the smart face mask of Bedingham in view of Baker and in further view of Hafeman that processes the information regarding movement of the personal protective face mask processes the information regarding movement to determine a heartbeat of the user, as taught by Fox, in order to provide an improved smart face mask that is indicative of heartrate (Fox, [0099]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849), in view of Hafeman (US 11433212) and further in view of Fox (US 2023/0099622) as applied to claim 10 above, and in further view of Shouldice (US 2020/0297955).
Regarding claim 11, Bedingham in view of Baker, in view of Hafeman and in further view of Fox discloses the invention as described above with regard to claim 10.
The combination does not disclose wherein the processor generates an alert responsive to a determination that the heartbeat of the user falls outside of a threshold range of heartbeats.
Shouldice teaches a heart rate monitor ([0049]) and an analogous processor ([0094], [0109])) wherein the processor generates an alert ([0049];[0091]; [0092]; [0095]; [0096]) responsive to a determination that the heartbeat of the user falls outside of a threshold range of heartbeats ([0049]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the processor of the smart face mask of Bedingham in view of Baker, in view of Hafeman and in further view of Fox generates an alert responsive to a determination that the heartbeat of the user falls outside of a threshold range of heartbeats as taught by Shouldice in order to provide an improved smart face mask that facilitates providing an indication that a user is experience an increase in severity or frequency of a monitored condition (Shouldice, [0091]).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849) as applied to claim 12 above, and further in view of Cazier (US 2017/0246486).
Regarding claim 13, Bedingham in view of Baker discloses the invention as described above with regard to claim 12.
Bedingham in view of Baker does not disclose wherein the processor is configured to determine an amount of time that the mask has been worn based on the pressure readings from the pressure sensor.
Cazier teaches a mask (204) ([0083]), an analogous pressure sensor ([0046]; [0087]) and an analogous processor (340) ([0087]; [0072]) wherein the processor is configured to determine an amount of time that the mask has been worn based on the pressure readings from the pressure sensor ([0087]; NOTE: once the pressure drop has fallen below a threshold this is indicative of an amount of time passing indicating that a filter is nearing the end of its lifespan as a filter lifespan is an amount of time).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the processor of the smart face mask of Bedingham in view of Baker is configured to determine an amount of time that the mask has been worn based on the pressure readings from the pressure sensor, as taught by Cazier, in order to provide an improved smart face mask that facilitates determining when a filter of a face mask needs to be changed (Cazier, [0087]).
Regarding claim 14, Bedingham in view of Baker and in further view of Cazier discloses the invention as described above with regard to claim 13.
Cazier further teaches wherein the processor is configured to generate an alert to change masks responsive to a determination that the amount of time that the mask has been worn exceeds a threshold value ([0087]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham (US 2023/0148871) in view of Baker (US 2018/0008849) as applied to claim 1 above, and further in view of Scalisi (US 2021/0307415).
Regarding claim 15, Bedingham in view of of Baker discloses the invention as described above with regard to claim 1.
Bedingham in view of Baker does not disclose a first magnet mounted to the housing, wherein the first magnet is configured to mate with a second magnet on the personal protective face mask to secure the device to the personal protective face mask.
Scalisi teaches an analogous personal face mask (10b) (Fig. 16) having an analogous housing (66) (Fig. 17) (0133]) designed to mount to the analogous personal face mask (Fig. 17; [0133]), further comprising a first magnet (78) ([0133]; at least one magnet) mounted to the housing ([0133]), wherein the first magnet is configured to mate with a second magnet on the personal protective face mask to secure the device to the personal protective face mask ([0133]; NOTE: the fastening device couples the sensor housing to the face mask and the fastening device may include at least one magnet and it is implied that there would be a magnet on the housing and the mask so that the housing is mechanically coupled to the face mask).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the smart face mask of Bedingham in view of Baker is further comprising a first magnet mounted to the housing, wherein the first magnet is configured to mate with a second magnet on the personal protective face mask to secure the device to the personal protective face mask, as taught by Scalisi in order to provide an improved smart face mask that facilitates association of mask components via a suitable mechanical couple (Scalisi, [0133]).
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.
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/G.M./ Examiner, Art Unit 3786
/KERI J NELSON/ Primary Examiner, Art Unit 3786
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