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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe on June 8, 2023. It is noted, however, that applicant has not filed a certified copy of the EP23178162.6 application as required by 37 CFR 1.55.
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 following must be shown or the feature(s) canceled from the claim(s).
In claim 2: the flexible skirt, partition, lower, and upper chamber.
In claim 9: accessory holder.
In claim 10: valve, valve orifice, inhaled air intake channel, first exhaled air exhaust channel
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 2, 7, and 10 objected to because of the following informalities:
Claim 2, line 4 recites “the nose of a user” shall be corrected to “a nose of a user” for clarity.
Claim 2, line 3 recites “a first chamber” and claim 10, lines 10-11 recite “the upper chamber” shall be corrected to “the first chamber” for consistency.
Claim 2, line 3 recites “a second chamber” and claim 10, lines 11-12 recite “the lower chamber” shall be corrected to “the second chamber” for consistency.
Claim 7, line 1 recites “a light source” shall be corrected to “a light source (26)” for consistency.
Claim 10, line 3 recites “a valve orifice” and lines 5-6 recite “the valve port” shall be corrected to “the valve orifice” for consistency.
Claim 10, line 12 recites “the first duct of the frame” shall be corrected to “a first duct of the frame” for clarity.
Appropriate correction is required.
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.
The factual inquiries 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 1-4 and 10 is rejected under 35 U.S.C. 103 as being unpatentable over Armani et al (US 11667362 B2) in view of Lightenberg et al (US 11099649 B2) and further in view of Fierens et al (US 20220072301 A1).
Regarding claim 1, Armani discloses a diving mask (10), said diving mask comprising a body including a frame (12) surrounding at least a portion of a user's face (Fig. 1; [30]); a glass (visor 18) surrounded by the frame (12) (Fig. 1; [30]); characterized in that said diving mask (10) includes (Fig. 1; [30]):
- a microphone (504) arranged in the mask (Fig. 1; [35]).
However, Armani fails to disclose an electromagnetic transducer arranged in contact with the glass to vibrate it; and a control unit configured to control the vibration of the electromagnetic transducer on the basis of a signal transmitted by the microphone.
Lightenberg teaches an electromagnetic transducer (haptic actuator) arranged in contact with the glass (top case 112) to vibrate it (Claim 17:"The portable computer of claim 15, wherein the second haptic actuator is configured to vibrate the glass member."; [20,25,96-98, 108]) to provide tactile sensations in a user [99].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Armani so that an electromagnetic transducer arranged in contact with the glass to vibrate it, as taught by Lightenberg, in order to provide tactile sensations in a user.
However, modified Armani still fails to disclose a control unit configured to control the vibration of the electromagnetic transducer on the basis of a signal transmitted by the microphone.
Fierens teaches a control unit (stimulator unit 220) configured to control the vibration of the electromagnetic transducer (240) on the basis of a signal transmitted by the microphone (224) (Figs. 5-6; [0018, 0022-27, 0057, 0065]) to evoke a hearing percept [0018].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify modified Armani so that a control unit configured to control the vibration of the electromagnetic transducer on the basis of a signal transmitted by the microphone, as taught by Fierens, in order to evoke a hearing percept.
Regarding claim 2, Armani discloses the diving mask (10) according to claim 1, as mentioned above.
Armani further discloses wherein the diving mask comprises a flexible skirt (40) attached to the frame (12), the skirt comprising a partition (46) separating a first chamber (upper chamber 50) for vision and a second chamber (lower chamber 52) for breathing, the partition being arranged to rest above the nose of a user of the diving mask so that a mouth and nose of the user are accommodated in the second chamber, and eyes of the user are accommodated in the second chamber, the diving mask further preferentially comprising a snorkel (breathing tube 20) in fluid communication with the first chamber (Fig. 1; [30-31]).
Regarding claim 3, Armani discloses the diving mask (10) according to claim 2, as mentioned above.
Armani further discloses wherein said microphone (504) is housed in the second chamber preferentially close to the user's mouth ("Without departing from the scope of the present disclosure, the microphone could also terminate in the lower chamber 52." [35]).
Regarding claim 4, Armani discloses the diving mask (10) according to claim 1, as mentioned above.
Armani further discloses wherein at least one of the control unit, electromagnetic transducer and microphone (504) is sealed, each of the control unit, electromagnetic transducer and microphone (504) being preferentially sealed (Fig. 7; [59-60]).
Regarding claim 10, Armani discloses the diving mask (10) according to claim 2, as mentioned above.
Armani further discloses wherein the snorkel (breathing tube 20) comprises a valve (wafer 2300), the valve comprising (Fig. 18; [99-104]):
- a valve orifice (first inlet orifice 2304) for enabling fluid circulation, in particular of air, between the outside of the snorkel (breathing tube 20) and the inside of the snorkel, and (Fig. 18; [103-104])
a valve closure member (first check valve 2310, second check valve 2312) movable between an open position wherein the valve port is open and a closed position wherein the valve port is closed by the valve closure member (Fig. 18; [103-104]),
wherein the snorkel (breathing tube 20) preferentially comprises an inhaled air intake channel (inhaled air inlet channel 260) and at least one first exhaled air exhaust channel (first exhaled exhaust channel 262), said snorkel (breathing tube 20) being the extension of an upper part of the frame (20), the inhaled air intake channel leading into the upper chamber (50) while the first exhaled air exhaust channel communicates with the lower chamber (52), and wherein the first duct (first air exhalation air outlet duct 604) of the frame (12) has an upper end leading into the exhaled air exhaust channel (Figs. 13-14, and 22A; [81-82, 119-122]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Armani, Lightenberg, and Fierens, in further view of Bolenberger et al (US 4718415 A).
Regarding claim 5, modified Armani discloses the diving mask (10) according to claim 1, as mentioned above.
However, Armani fails to disclose wherein the electromagnetic transducer and the microphone are connected to the control unit by a respective cable, each of the cables preferentially being at least partially housed in the frame.
Furthermore, Lightenberg and Fierens are silent to wherein the electromagnetic transducer and the microphone are connected to the control unit by a respective cable, each of the cables preferentially being at least partially housed in the frame.
Bolenberger teaches electrical components being coupled by a cable with a cable partially being included in the frame of the mask so the analog electrical signal is conducted to the outside (Fig. 3; [5]).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify modified Armani so wherein the electromagnetic transducer and the microphone are connected to the control unit by a respective cable, each of the cables preferentially being at least partially housed in the frame, as taught by Bolenberger, so the analog electrical signal is conducted to the outside since connecting electrical components with cables is well known in the art.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Armani, Lightenberg, and Fierens, in further view of Magine et al (US 20020176323 A1).
Regarding claim 6, Armani discloses the diving mask (10) according to claim 1, as mentioned above.
However, Armani fails to disclose wherein the control unit comprises a preferentially rechargeable power source.
Magine teaches wherein the control unit (receiver assembly 16) comprises a preferentially rechargeable power source (power supply 132) ([0120-0121]) to provide electrical power to the electronic components and circuitry [0087].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Armani so that wherein the control unit comprises a preferentially rechargeable power source, as taught by Magine, in order to provide electrical power to the electronic components and circuitry.
Regarding claim 7, Armani discloses the diving mask (10) according to claim 1, as mentioned above
However, Armani fails to disclose comprising a light source, said light source being preferentially powered by the control unit.
Magine teaches comprising a light source (visual alert device 112), said light source being preferentially powered by the control unit (receiver assembly 16) (Figs. 5 and 8-10; [0052, 0198]) to generate a visual alert [0198].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Armani so that the diving mask comprising a light source, said light source being preferentially powered by the control unit, as taught by Magine, in order to generate a visual alert.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Armani, Lightenberg, and Fierens, in further view of Kushner et al (US 20060020451 A1).
Regarding claim 8, Armani discloses the diving mask (10) according to claim 1, as mentioned above.
However, Armani fails to disclose wherein the control unit comprises a signal processing module for processing the signal supplied by the microphone, said processing module being preferentially adapted to apply filtering to said signal, such as band filtering, equalization and/or feedback suppression.
Kushner teaches wherein the control unit (communication unit) comprises a signal processing module for processing the signal supplied by the microphone (112), said processing module being preferentially adapted to apply filtering to said signal, such as band filtering, equalization and/or feedback suppression (Fig. 1; [0006-0007, 0072]) for identifying and eliminating air regulator inhalation noise [0038].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Armani so that wherein the control unit comprises a signal processing module for processing the signal supplied by the microphone, said processing module being preferentially adapted to apply filtering to said signal, such as band filtering, equalization and/or feedback suppression, as taught by Kushner, for identifying and eliminating air regulator inhalation noise.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Armani, Lightenberg, and Fierens, in further view of Wang (CN 205589443 U).
Regarding claim 9, Armani discloses the diving mask (10) according to claim 1, as mentioned above.
However, Armani fails to disclose further comprising an accessory holder suitable for receiving an accessory, such as a camera, preferentially of the waterproof type, or an additional light source.
Wang teaches further comprising an accessory holder suitable for receiving an accessory, such as a camera, preferentially of the waterproof type, or an additional light source (Abstract: "comprising a mask main body, a breathing tube, a head mounted camera device, a connecting piece, a movable camera is connected with the pedestal.") so the camera device can be installed and fixed on the pedestal on the respiratory siphon and can randomly adjust installation position [0012].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Armani so that the diving mask further comprising an accessory holder suitable for receiving an accessory, such as a camera, preferentially of the waterproof type, or an additional light source., as taught by Wang, so the camera device can be installed and fixed on the pedestal on the respiratory siphon and can randomly adjust installation position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Estep et al (US 7477207 B2) is cited for its diving mask with communicating means and camera.
Gamberini et al (US 11401017 B2) is cited for its communicating diving mask.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIRAH WRIGHT whose telephone number is (571)270-1946. The examiner can normally be reached M-Th: 6:45AM-4:15PM F: 6:45AM-3:15PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S 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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/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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