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 .
Priority
Acknowledgement is made to Applicant's claim to priority to PCT/GB2023/050234 filed 2/2/2023 and GB2201741.2 filed 2/10/2022.
Claim Objections
Claims 26-29, 32, 36-37, and 42 are objected to because of the following informalities:
Claims 26-29 and 32 recite the limitation “the projecting element”. This limitation should read --the elongate projecting element-- to maintain consistent terminology with claim 25.
Claim 36 and 37 recite the limitation “the recess”. This limitation should read --the arcuate recess—to maintain consistent terminology.
Claim 42 recites the limitation “the lens” in line 2. This limitation should read --the full-face lens-- to maintain consistent terminology with claim 41.
Claim 42 recites the limitation “the sealing portion” in line 2. This limitation should read --the substantially flexible sealing portion-- to maintain consistent terminology with claim 41.
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 30, and claims 31-33 by dependency, 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.
Claim 30 recites the limitation “the head portion comprises an inclined upper surface”. It is unclear what the upper surface is inclined with respect to. For the purposes of this Office Action, this limitation is interpreted as the upper surface being inclined with respect to any surface of the mask.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 23, 25-28, 30-33, and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cappa (FR 2549730 A1, machine translation accessed August 8, 2026 relied upon herein).
Regarding claim 23, Cappa discloses a system for coupling a harness strap to a respirator mask (hook end and anchor point for attaching harness straps to respiratory mask; par. spanning pg. 2-3), comprising: a first coupling element (hook 11; Fig. 1) attachable to a harness strap for securing a respirator mask to a wearer (hook 11 attached to strap 9 which secures mask 1 to the wearer; Fig. 1); and a second coupling element (button 14; Fig. 1-3, pg. 5 par. 2) fixed with respect to the respirator mask (button 14 located on mask 1; Fig. 1-3, pg. 5 par. 2) and configured to releasably engage with the first coupling element to couple the harness strap to the mask (head 16 of button 14 is intended to connect with hook 11; Fig. 1, pg. 5 par. 4), wherein the first coupling element is rotatable about an axis of the second coupling element and said rotation is limited by a stop arrangement (finger 24 butts against the contour of opening 12 of the hook 11 to limit rotation of the hook; Fig. 1-2, 5, pg. 6 par. 8-9).
Regarding claim 25, Cappa discloses the system according to claim 23 (shown above), wherein the first coupling element (hook 11) comprises an aperture (openings 12 and 13 connected by a cylindrical opening; Fig. 1, pg. 5 par. 1) for receiving an elongate projecting element of the second coupling element (button 14 includes pin 15 projecting with head 16 at the end which is received in opening 12 and 13 of the hook 11; Fig. 1-3, pg. 5 par. 1-4).
Regarding claim 26, Cappa discloses the system according to claim 25 (shown above), wherein the aperture (openings 12 and 13 connected by cylindrical opening) comprises a receiving region (opening 12) for receiving an enlarged head portion of the projecting element (opening 12 receives head 16 which is an enlarged head portion at the end of pin 15; Fig. 1-3, pg. 5 par. 4) and a locating region extending from the receiving region (opening 13 extends by cylindrical opening from opening 12; Fig. 1) for locating an elongate body portion of the projecting element (segment 19 of pin 15 is received in opening 13; Fig. 1-3, pg. 5 par. 4).
Regarding claim 27, Cappa discloses the system according to claim 26 (shown above), wherein the locating region (opening 13) is configured to laterally constrain the first coupling element with respect to the projecting element (hook 11 is laterally constrained with respect to pin 15 and head 16 by a side of opening 13; Fig. 1) whilst allowing the first coupling element to rotate with respect to the projecting element (hook 11 is allowed to rotate while engaged on shaft of pin 15; pg. 6 par. 7-pg. 7 par. 1).
Regarding claim 28, Cappa discloses the system according to claim 27 (shown above), wherein the locating region (opening 13) and a cross section of the elongate body portion of the projecting element (segment 19 of pin 15) are substantially circular (opening 13 is circular and pin 15 is cylindrical, thus has a circular cross section; Fig. 1, pg. 5 par. 1-3) and have substantially equal diameters to allow for said rotation whilst constraining the same laterally (terminal segment underlying head 16 has a diameter equal to the diameter of opening 13 and allows rotation; Fig. 1, 3, pg. 5 par. 4, pg. 6 par. 7-pg. 7 par. 1).
Regarding claim 30, as best understood based on the 35 U.S.C. 112(b) issue identified above, Cappa discloses the system according to claim 26 (shown above), wherein the head portion comprises an inclined upper surface (upper surface of head 16 is inclined with respect to upper strap 9; Fig. 1).
Regarding claim 31, as best understood based on the 35 U.S.C. 112(b) issue identified above, Cappa discloses the system according to claim 30 (shown above), wherein a forward region of an under surface of the head portion is oriented substantially parallel with the inclined upper surface (underside of head 16 is parallel to the upper surface of head 16; Fig. 1-2).
Regarding claim 32, as best understood based on the 35 U.S.C. 112(b) issue identified above, Cappa discloses the system according to claim 31 (shown above), wherein a rear region of the under surface is oriented substantially parallel with a bearing surface from which the projecting element perpendicularly extends (underside of head 16 is parallel with upper surface of cap 21 which pin 15 perpendicularly extends from; Fig. 1-3).
Regarding claim 33, as best understood based on the 35 U.S.C. 112(b) issue identified above, Cappa discloses the system according to claim 32 (shown above), wherein a thickness of the first coupling element (hook 11) substantially equals a distance between the rear region of the under surface of the head portion and the bearing surface (thickness of hook equals a distance between under surface of head 16 and surface of cap 21; Fig. 2).
Regarding claim 38, Cappa discloses a respirator mask (mask 1; Fig. 1) comprising the system according to claim 23 (shown above) and at least one harness strap for securing the mask to a wearer (harness 8 for securing to user’s face; Fig. 1, pg. 4 last par.).
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.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cappa.
Regarding claim 24, Cappa discloses the system according to claim 23 (shown above). Cappa discloses said rotation can be limited to +60 degrees and -60 degrees for the purpose of preventing excessive rotations which can cause a shortening of the straps (pg. 2 par. 4, pg. 7 par. 7).
Cappa does not disclose wherein said rotation is limited to 65-85 degrees.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the rotation to be limited to 65-86 degrees since finding the optimal rotation limit would have only required routine skill in the art.
Claim(s) 29 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cappa in view of Davidson et al. (US 7658189 B2), hereafter Davidson.
Regarding claim 29, Cappa discloses the system according to claim 28 (shown above).
Cappa does not disclose wherein a width of an opening into the locating region from the receiving region is less than the diameter of the elongate body portion of the projecting element to provide a snap-fit coupling mechanism between the first coupling element and the second coupling element.
Davidson teaches wherein a width of an opening into the locating region (attachment opening 218; Fig. 78) from the receiving region (lead-in region into attachment opening 218; Fig. 78) is less than the diameter of a elongate body portion of a projecting element (anchor 214 has an elongate body portion and a width of the opening of the attachment opening 218 is less than the diameter of the elongate body portion of anchor 214, as seen in Fig. 78) to provide a snap-fit coupling mechanism between the first coupling element and the second coupling element (the width of the opening of attachment opening 218 is less than the diameter of elongate body portion of anchor 214, as seen in Fig. 78, which forms a snap fit). Davidson teaches that this arrangement provides an intuitive and dexterous attachment movement while permitting quick release (col. 20 ln 40-44).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Cappa wherein a width of an opening into the locating region from the receiving region is less than the diameter of the elongate body portion of the projecting element to provide a snap-fit coupling mechanism between the first coupling element and the second coupling element as taught by Davidson for the purpose of providing an intuitive and dexterous attachment movement while permitting quick release (Davidson col. 20 ln 40-44). Additionally, a snap-fit mechanism would have been well known to one of ordinary skill in the art for providing a secure and releasable connection.
Regarding claim 34, Cappa discloses the system according to claim 26 (shown above).
Cappa does not disclose wherein the receiving region of the aperture is substantially trapezoidal in symmetrical profile and tapers inwardly towards the locating region.
Davidson teaches a receiving region of an aperture tapers inwardly towards a locating region (a lead in region tapers to attachment opening 196; Fig. 75-76) for the purpose of enabling intuitive and dexterous attachment movement (col. 19 ln 51-55).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Cappa wherein the receiving region of the aperture tapers inwardly towards the locating region as taught by Davidson for the purpose of enabling intuitive and dexterous attachment movement (Davidson col. 19 ln 51-55). With this modification, the receiving region of the aperture would form an aperture substantially trapezoidal in symmetrical profile.
Regarding claim 35, the modified Cappa discloses the system according to claim 34 (shown above), wherein the receiving region has a width substantially equal to a width of the head portion (with the tapered receiving region leading to opening 13, which has a width smaller than the head portion, as seen in Cappa Fig. 2, there must be a portion of the receiving region with a width substantially equal to a width of the head 16).
Claim(s) 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 203852758 U, machine translation accessed September 4, 2026 relied upon herein).
Regarding claim 36, Cappa teaches the system according to claim 23 (shown above).
Cappa does not disclose wherein the stop arrangement comprises an arcuate recess defining a stop surface at each opposed end thereof, and a stop portion moveable along the recess and engageable with each stop surface responsive to a direction of rotation of the first coupling element.
Xiao teaches a stop arrangement comprising an arcuate recess (positioning groove 10; Fig. 5-6) defining a stop surface at each opposed end thereof (two ends of positioning groove 10 define a stop surface; Fig. 5-6), and a stop portion (positioning pin 8; Fig. 4-5) moveable along the recess and engageable with each stop surface responsive to a direction of rotation of the first coupling element (positioning pin 8 moves along positioning groove 10 and stops at the two ends of the positioning groove 10 according to a direction of rotation of the headband 1; par. 0031, 0033).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Cappa wherein the stop arrangement comprises an arcuate recess defining a stop surface at each opposed end thereof, and a stop portion moveable along the recess and engageable with each stop surface responsive to a direction of rotation of the first coupling element as taught by Xiao since Xiao teaches that an arcuate recess and a stop portion is a known mechanism of limiting rotation. One of ordinary skill in the art would have recognized that an arcuate recess with a stop surface at each end would allow for precisely limiting rotation in each direction to a desired degree.
Regarding claim 37, the modified Cappa discloses the system according to claim 36 (shown above), wherein the first coupling element comprises the recess (positioning groove 10 of Xiao is provided on a headband 1; Fig. 5-6) and the stop portion comprises a projection fixed with respect to the respirator mask (finger 24 of Cappa Fig. 1-2, 5 is a projection fixed with respect to the mask, as is positioning pin 8 of Xiao Fig. 4-5).
Claim(s) 39-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cappa in view of Brostrom et al. (US 6457473 B1), hereafter Brostrom.
Regarding claim 39, Cappa discloses the mask according to claim 38 (shown above).
Cappa does not disclose comprising a valve cover assembly removably mounted over an exhalation valve of the mask and comprising the second coupling element of the system.
Brostrom teaches a mask (face mask 100; Fig. 1) comprising a valve cover assembly (carriage 26; Fig. 1-6, 8-9) removably mounted (carriage may be detachably connected to the mask body; col. 3 ln 54-56) over an exhalation valve of the mask (carriage 26 mounted over exhalation port 16 of the mask body 10; Fig. 2, col. 3 ln 61-63) and comprising a strap coupling element (upper guides 36 and 38 and lower guides 40 and 42 for accommodating straps on carriage 26; Fig. 1-2, 4-5, col. 4 ln 20-34) for the purpose of allowing the attachment of different mask bodies to the system (col. 4 ln 17-19).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mask of Cappa to comprise a valve cover assembly removably mounted over an exhalation valve of the mask and comprising the second coupling element of the system as taught by Brostrom for the purpose of allowing the attachment of different mask bodies to the system (Brostrom col. 4 ln 17-19).
Regarding claim 40, the modified Cappa discloses the mask according to claim 39 (shown above), wherein the valve cover assembly (carriage 26) comprises the second coupling element at each of four corner regions thereof (carriage 26 has strap guides 36, 38, 40, and 42 at each of four corner regions; Brostrom Fig. 1), and the at least one harness strap (harness 8) comprises a head strap assembly connected or connectable to an upper pair of the second coupling elements (harness 8 has an upper head strap connected to an upper pair second coupling elements; Cappa Fig. 1) and a neck strap assembly connected or connectable to a lower pair of the second coupling elements (harness 8 has a lower neck strap connected to a lower pair second coupling elements; Cappa Fig. 1).
Regarding claim 41, the modified Cappa discloses the mask according to claim 39 (shown above), wherein the valve cover assembly comprises a full-face lens (transparent screen 5; Cappa Fig. 1) and a substantially flexible sealing portion extending around an outer edge region of the lens for sealing engagement with a wearer's face (rubber face 2; Cappa Fig. 1) and comprising the second coupling element (buttons 14 on rubber face 2; Cappa Fig. 1-2).
Regarding claim 42, the modified Cappa discloses the mask according to claim 41 (shown above), wherein the second coupling element extends away from the lens from each of five spaced apart locations around the sealing portion comprising a pair of upper side locations (upper strap attachments; Cappa Fig. 1), a pair of lower side locations (lower strap attachments; Cappa Fig. 1), and an upper location disposed substantially on a sagittal plane of the mask (the top strap attachment; Cappa Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kohrman (US 20220023674 A1) discloses a respirator with a strap coupling system.
Matheson et al. (US 4414973 A) discloses a respirator with a strap coupling system.
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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