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 .
Response to Preliminary Amendment
This Office Action is in response to the preliminary amendment filed on 07/02/2024. Claims 1-6 and 8-18 are as previously presented. Claim 7 is as currently amended. As such, claims 1-18 are pending in the instant 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 handle 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.
Claim Objections
Claims 1 and 9 are objected to because of the following informalities:
Claim 1, lines 6-7: “wherein second and third interfaces which are superiorly and inferiorly spaced, respectively, from a first interface are also angularly spaced in opposite directions from the first interface and” should read “wherein second interface is superiorly spaced from a first interface, and third interface is inferiorly spaced from the first interface, wherein the second interface and the third interface are also angularly spaced in opposite directions from the first interface, and” for clarity.
Claim 9, lines 1-2: “the respiratory protective mask” should read “the respiratory protective equipment” for consistency and clarity.
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.
Claim 9 is 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.
Claim 9 recites the limitation “the respiratory protective mask comprises one or more lateral air inlets” in lines 1-2. It is unclear if the one or more lateral air inlets are in reference to the air inlet disclosed in claim 1 (line 3) and is further specifying the orientation of said air inlet, or if Applicant is attempting to disclose a new limitation. For the purpose of examination, the one or more lateral air inlets will be interpreted as – the air inlet, as disclosed in claim 1 (line 3), wherein the air inlet is one or more lateral air inlets.
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 –
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
Claims 1 and 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bergeron et al. (US 20160074683 A1; hereinafter “Bergeron”).
Regarding claim 1, Bergeron discloses an integrative interface platform (16; Fig. 2) for respiratory protective equipment (10; Fig. 2), comprising a main body (24; Fig. 2) which is configured with at least five interfaces (32-1, 32-2, 34, 36, 39; Fig. 3), with each of which a corresponding ancillary device (openings 32-1 and 32-2 for inhalation ports 33-1 and 33-2 respectively, opening 34 for exhalation port 35-1, opening 36 for speech transmitter 37, opening 39 for hydration interface 38; [0066]; Figs. 2-3), including an air inlet (openings 32-1 and 32-2 for inhalation ports 33-1 and 33-2 respectively), is in fluid or sound communication with a confined space between said respiratory protective equipment and a face of a wearer ([0066], lines 8-9, where breathing interface 16 allows the wearer to breathe clean air, see [0062]), when said respiratory protective equipment is worn on a face (see Fig. 1), is sealingly engaged ([0065]), wherein second (36) and third interfaces (34) which are superiorly and inferiorly spaced, respectively, from a first interface (36 superiorly spaced from 32-1 and 32-2, see Fig. 3; 34 inferiorly spaced from 32-1 and 32-2, see Fig. 3) are also angularly spaced in opposite directions from the first interface (see Fig. 3) and the ancillary device of a fourth interface is posteriorly spaced from the ancillary device of the first interface (see Figs. 2 and 7, where 38 extends further in a posterior direction than 33-1 and 33-2, hence the furthest posterior end of 38 is posteriorly spaced from 33-1 and 33-2).
Regarding claim 7, Bergeron discloses respiratory protective equipment (10; Fig. 2), comprising the integrative interface platform according to claim 1 (see claim 1 above).
Regarding claim 8, Bergeron discloses the invention as set forth in claim 7, which is a mask (10, see Fig. 2; first sentence of [0061]).
Regarding claim 9, Bergeron discloses the invention as set forth in claim 8, wherein the respiratory protective mask comprises one or more lateral air inlets (33-1, 33-2; Fig. 2), each of which is adapted to receive an outlet of a filtered air supply source ([0089], lines 7-11; Fig. 10B).
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 2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Bergeron (US 20160074683 A1) in view of Capon & Maclean (US 20050022819 A1; hereinafter “Capon”).
Regarding claim 2, Bergeron discloses the invention as set forth in claim 1, wherein the main body (24) comprises five interfaces (see claim 1 above) and each of the corresponding ancillary devices is selected from one or more of the group of:
an air outlet assembly (35-1; Fig. 2), positioned at an inferior portion of the platform (see Fig. 2), for enabling evacuation of humid exhaled air containing CO2 via an air outlet during exhalation ([0066]);
an air inlet assembly (33-1, 33-2; Fig. 2), which is located at an anterior region of the platform (outer surface of 16 as an anterior surface, see Fig. 2, where an anterior surface can be interpreted as an anterior region; hence, 33-1 and 33-2 are located at an anterior region of 16) and in communication with a one-way valve (65; Fig. 8A; [0089]-[0090]) for facilitating an influx of air via the air inlet during inhalation ([0090]);
a speech device (37; Fig. 2), for enabling transmission therethrough of voice (first sentence of [0139]); and
an adjustable drinking implement (38; Fig. 2).
Bergeron fails to explicitly disclose an air outlet assembly which comprises a one-way valve.
However, an alternate embodiment of Bergeron teaches the breathing interface (16) with an outlet assembly (175; Fig. 37A) including a valve member (188; Fig. 37A; [0113]) for the release of exhaled air to the environment (last three sentences of [0118]). Additionally, Bergeron states “[a]ny feature of any embodiment discussed herein may be combined with any feature of any other embodiment discussed herein in some examples of implementation” ([0176]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the exhalation port (35-1) with the outlet assembly (175), taught by an alternate embodiment of Bergeron, such that the air outlet assembly (175; Fig. 37A) is positioned at an inferior portion of the platform (see Fig. 2, where 35-1 is 175), which comprises a one-way valve (188; Fig. 37A) for enabling evacuation of humid exhaled air containing CO2 via an air outlet during exhalation ([0113]; last three sentences of [0118]) to minimize rebreathing of exhaled air.
Bergeron fails to disclose or teach a communication device adapted to connect with external communication equipment.
However, Capon teaches an analogous respiratory protection mask (Fig. 1), with a communication device, such as a radio or amplifier, that is connected to a module (10) of the mask via external terminal connectors (164, see Fig. 3; [0044]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathing interface (16), as taught by Bergeron, with the communication device and corresponding external terminal connectors (164; Fig. 3), as taught by Capon above, such that Bergeron’s breathing interface (16), as modified by Capon, includes a communication device (Capon [0044], lines 11-14) adapted to connect with external communication equipment (Capon [0044]; Capon Fig. 3) to improve communication between a user and various individuals when the user is wearing the mask.
Regarding claim 4, Bergeron as modified teaches the invention as set forth in claim 2, wherein the air inlet (openings 32-1 and 32-2 for inhalation ports 33-1 and 33-2 respectively) is adapted to receive an outlet of a filtered air supply source ([0089]).
Regarding claim 5, Bergeron as modified teaches the invention as set forth in claim 2, wherein the adjustable drinking implement (38) is an adjustable drinking straw (straw 150; [0137]).
Bergeron as modified fails to explicitly teach the adjustable drinking straw (150) comprising an adjustment lever which is positionable at a stored state or a deployed state, wherein said adjustable drinking straw connects with an inlet tube having a drinking vessel connector for enabling drinking therefrom.
However, Capon teaches a drinking tube hole (130; Fig. 8), a drinking tube (120; Fig. 8) that connects to a mouthpiece (148; Fig. 9) and a drinking tube valve (140; Fig. 9) with a blind end hollow tube (142; Fig. 9) and an activation tap lever (144; Figs. 9-11; [0143]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the straw (150) of the hydration interface (38), as taught by Bergeron, with the drinking tube (120), mouthpiece (148), and drinking tube valve configuration (140, 142, 144) taught by Capon, such that the adjustable drinking straw (Capon 120; Capon Figs. 9-11) comprising an adjustment lever (Capon 144) which is positionable at a stored state or a deployed state (Capon Figs. 9 and 11), wherein said adjustable drinking straw (Capon 120) connects with an inlet tube (Capon 140,142) having a drinking vessel connector (Capon 148) for enabling drinking therefrom (Capon [0043], line 13 to end of paragraph) to prevent leakage of drinking fluid, and to allow for the selective sealing of the drinking tube (Capon first sentence of [0043]).
Regarding claim 6, Bergeron as modified teaches the invention as set forth in claim 2, wherein the first interface is the air inlet (openings 32-1 and 32-2 for inhalation ports 33-1 and 33-2 respectively), the second interface is an interface for the speech device (opening 36 for 37), the third interface is the air outlet (opening 34 for 175, see claim 2 above), the fourth interface is an interface for the communication device (Capon [0044], lines 11-14, see claim 2 above), and a fifth interface is an interface for the adjustable drinking implement (opening 39 for 38).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bergeron (US 20160074683 A1) in view of Capon (US 20050022819 A1) as applied to claim 2 above, and further in view of Lurie & Vass (US 20230181943 A1; hereinafter “Lurie”).
Regarding claim 3, Bergeron as modified teaches the invention as set forth in claim 2, but fails to explicitly teach the air outlet assembly (175) is also configured to facilitate discharge of liquid that has accumulated at the inferior portion.
However, Lurie teaches an analogous protective respiratory mask (Fig. 1; Abstract) with an exhalation valve and exhalation filter assembly to discharge accumulated humidity, moisture, and sweat within the mask ([0013]; [0019]; [0027]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the outlet assembly (175), as taught by Bergeron, with the exhalation filter assembly taught by Lurie, such that the outlet assembly (175) has an exhalation valve (188) and an exhalation filter assembly to facilitate discharge of liquid that has accumulated at the inferior portion (Lurie [0013], [0019], and [0027]) to increase breathability for the user when wearing the mask, as well as increase the quality of the air seal with the user’s face (Lurie [0019]).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bergeron (US 20160074683 A1).
Regarding claim 10, Bergeron discloses the invention as set forth in claim 7, but fails to explicitly disclose a hollow nose-mouth protective cup which is coupled to the platform while each of the corresponding ancillary devices remains in communication with the confined space.
However, an alternate embodiment of the Bergeron mask (10, see Figs. 24-25) teaches a facepiece (12) with a nosecup (228; Fig. 30E; [0173], lines 7-9), where exhaled air is expulsed through outlet ports (234-1, 234-2; Fig. 30H) and exhausted through cavities (236-1, 236-2; Fig. 30H) on lateral sides of the facepiece (last sentence of [0173]; Fig. 30H).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the facepiece (12; Fig. 2) for the alternate embodiment of the facepiece (12), as taught by Bergeron above, such that a hollow nose-mouth protective cup (228; Fig. 30H; [0173], lines 7-9) which is coupled to the platform while each of the corresponding ancillary devices remains in communication with the confined space (16 is connected to 228; first two sentences of [0163]; Figs. 30A-30H) to provide a secondary sealing structure (Bergeron [0173], line 7 to end of paragraph), minimizing rebreathing of exhaled air.
Regarding claim 11, Bergeron as modified teaches the invention as set forth in claim 10, wherein the nose-mouth cup (228) is configured with a plurality of air guiding surfaces which protrude from an outer wall of the nose-mouth cup to guide exhaled air through the air outlet of the platform (234-1 and 234-2 guide exhaled air to cavities 236-1 and 236-2, see last 2 sentences of [0173] and [0066]; Fig. 30H).
Regarding claim 12, Bergeron as modified teaches the invention as set forth in claim 11, wherein the plurality of air guiding surfaces (234-1, 234-2, 236-1, 236-2) laterally extend from the outer wall of the nose-mouth cup (see Figs. 30H-30I).
Regarding claim 13, Bergeron as modified teaches the invention as set forth in claim 10, wherein a posterior edge of the nose-mouth cup is resilient ([0156]; [0173]).
Claims 1, 7, 14-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kohrman & Kohrman (US 20220023674 A1; hereinafter “Kohrman”).
Regarding claim 1, Kohrman discloses an integrative interface platform (400A; Fig. 20) for respiratory protective equipment (Fig. 1), comprising a main body (401; Fig. 20) which is configured with at least five interfaces (left side 408 corresponding with 500B, right side 408 corresponding with 500A, top 409, bottom 409, 404; Fig. 20), with each of which a corresponding ancillary device (see Figs. 12a-12b and 20), including an air inlet (500A; Fig. 20), is in fluid or sound communication with a confined space between said respiratory protective equipment and a face of a wearer (see Figs. 1 and 3), when said respiratory protective equipment is worn on a face (see Fig. 1; Abstract), is sealingly engaged (Abstract), wherein second (404) and third interfaces (bottom 409) which are superiorly and inferiorly spaced, respectively, from a first interface (see spacing of 404 and bottom 409 with respect to right side 408, see Fig. 20) are also angularly spaced in opposite directions from the first interface (see Fig. 20). Kohrman fails to explicitly disclose the ancillary device of a fourth interface is posteriorly spaced from the ancillary device of the first interface.
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the positioning of the top accessory port (top 409) in the Kohrman device because Applicant has not disclosed that the posterior spacing of the fourth interface with respect to the first interface provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, Applicant’s specification states “… a fourth interface is posteriorly spaced from the first interface” (last sentence of [0037] of US PGPub 20250114650 A1). One of ordinary skill in the art, furthermore, would have expected Kohrman’s top accessory port (top 409), and Applicant’s fourth interface, to perform equally well because both mechanisms perform the same function of providing an interface for a corresponding ancillary device. Therefore, it would have been prima facie obvious to modify Kohrman to obtain the invention as specified in claim 1 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired posterior spacing of the top accessory port (top 409) with respect to the right side cartridge port (right side 408) and thus fails to patentably distinguish over the prior art of Kohrman.
Regarding claim 7, Kohrman, as modified in claim 1 above, teaches, respiratory protective equipment (Fig. 1), comprising the integrative interface platform according to claim 1 (see claim 1 above).
Regarding claim 14, Kohrman as modified teaches the invention as set forth in claim 7, wherein the platform (400A) is sealingly engaged within an aperture (203; Fig. 6) formed in the respiratory protective equipment (see Figs. 6 and 27a-27e; [0137]; [0139]).
Regarding claim 15, Kohrman as modified teaches the invention as set forth in claim 14, further comprising an air-tight coupling (404, 405, 215; Figs. 27a-27e; [0142]) between the platform and the respiratory protective equipment for maintaining sealed engagement therebetween ([0137]; [0139]; [0142]).
Regarding claim 16, Kohrman as modified teaches the invention as set forth in claim 15, wherein the platform is disengageable from the respiratory protective equipment (see Figs. 27a-27e).
Regarding claim 18, Kohrman as modified teaches the invention as set forth in claim 15, wherein the platform (400A) comprises a handle (404; Fig. 12b) by which a manual force that causes a posterior edge of the main body or of a protrusion thereof to forcefully press on a sealing element provided with a surrounding edge of the aperture formed in the respiratory protective equipment (posterior edge of 401 presses along 209 at edge of opening 203; Figs. 12b and 27a-27e; [0142]) and to be sealingly engaged with the surrounding edge is transmittable (transmitted via 405 and 404, see Figs. 27a-27e).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kohrman (US 20220023674 A1) as applied to claims 1 and 7 above, and further in view of Bergeron (US 20160074683 A1).
Regarding claim 17, Kohrman as modified teaches the invention as set forth in claim 15, but fails to explicitly teach wherein the air- tight coupling (404, 405, 215) comprises a clamping tie that is engageable around an annular lip surrounding the aperture formed in the respiratory protective equipment and that is tightened by a fastening lock.
However, Bergeron teaches an outer securing rim (62; Fig. 8B) that engages around an annular lip of a filter (58, see Fig. 8B) and is tightened by interlocking elements (66-1 and 66-I, see Fig. 8B; [0094]-[0095]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the air-tight coupling configuration taught by Kohrman (404, 405, 215) with the air-tight coupling configuration taught by Bergeron (58, 62, 66-1, 66-I; Fig. 8B) to obtain the predictable result of providing an air-tight coupling between the cartridge facepiece (400A) and the half-face assembly (200A) (see MPEP §2143).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Keene & Davenport (US 20210298391 A1): Regarding a protective respiratory mask with a one-way exhaust valve, an airtight drinking port, and a communication module.
Chen et al. (US 20220118294 A1): Regarding a protective face mask with a filtration system, check valves, a drink plug, and means for amplifying the sound of a user’s speech when the mask is donned.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 8:45am to 5:45pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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