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 .
Election/Restrictions
Applicant’s election of traverse of Species IV, fig.32-35, claims 3-6, 10-16, 20-28 in the reply filed on 01/20/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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, “a visual accessory carried, in claims 3, 13; and the user-operative control carried, in claim 12” 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: a visual accessory carried, in claims 3 and 13; and the user-operative control carried, in claim 12.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3-6, 10-16, 18, 20-28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. “a visual accessory carried, in claims 3 and 13”; and the user-operative control carried, in claim 12. The Examiner respectfully requests the Applicant to point out where in the specification support can be found for the limitation in question above.
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
Claims 3-6, 10-16, 18, 20-28 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.
Claims 3 and 13, recites “a visual accessory carried”, renders the claim indefinite because such claimed subject matter does not support in the instant disclosure. Such lack of support makes it very difficult to ascertain the metes and bounds of the claimed subject matter. For the purpose of examination and as best understood the limitation is interpreted to “the support attached to the facial shield”.
Claim 12, recites “the user-operative control carried, in claim 12”, renders the claim indefinite because such claimed subject matter does not support in the instant disclosure. Such lack of support makes it very difficult to ascertain the metes and bounds of the claimed subject matter. For the purpose of examination and as best understood the limitation is interpreted to “the user is configured to remove and put on the facial shield is configured to protect the user face”.
Claims 4-6, 8, 10-12, 23-25 are dependent of claim 3, and are likewise indefinite.
Claims 14-16, 18, 20-22, 26-28 are dependent of claim 13, and are likewise indefinite.
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) 3-6, 8, 10-16, 18, 20-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baribeau et al. (6102033—hereinafter, Bari)
Regarding claim 3, Bari discloses a personal protection system (fig.1a), comprising a facial shield (16) comprising an internal surface; a support (15, 21, fig.1b) configured to engage the head of a user, the support comprising an anterior surface (fig.6); an extender (14) configured to couple to the support, the extender comprising an interior side configured to closely match the anterior surface of the support (fig.1a), and an exterior side (fig.3), wherein the facial shield is configured to couple to the extender at the exterior side, the extender comprising a thickness (fig.1a) configured to increase a distance between the internal surface of the facial shield and the eyes of the user (fig.1a); wherein the support attached to the facial shield (fig.1a).
Regarding claims 4-6, 8, 10-11, Bari discloses the personal protection system of claim 3, wherein the interior side of the extender comprises a concavity (fig.1a); wherein the anterior surface of the support comprises a convexity (fig.1a); further comprising one or more hooks carried (24, fig.2-3) on the extender, wherein the facial shield comprises one or more holes (22, fig.3) configured to connect to the one or more hooks (fig.3);wherein the one or more hooks comprise a center hook, wherein the one or more holes comprise a center hole, and wherein the center hook is configured to lock to the center hole (fig.3); wherein the thickness of the extender is configured to increase a distance between the internal surface of the facial shield and the nose of the user (fig.1,4; wherein the thickness of the extender is configured to increase a distance between the internal surface of the facial shield and the mouth of the user (see the annotated fig.5A below).
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Regarding claim 12, Bari discloses the user is configured to remove and put on the facial shield is configured to protect the user face (col.1, lines 59-63).
Regarding claim 13, Bari discloses a personal protection system (fig.1a), comprising: a facial shield (16) comprising an internal surface; a support (15, fig.1b) configured to engage the head of a user (fig.1a), the support comprising an anterior surface; an extender (14) configured to couple to the support, the extender comprising an interior side configured to closely match the anterior surface of the support, and an exterior side (fig.1a), wherein the facial shield is configured to couple to the extender at the exterior side, the extender comprising a thickness (see the annotated fig.5A above) configured to increase a volume between the internal surface of the facial shield and the face of the user (fig.1a); and wherein the support attached to the facial shield (fig.1a).
Regarding claims 14-16, 8, 20-22 Bari discloses wherein the interior side of the extender comprises a concavity (fig.1a); wherein the anterior surface of the support comprises a convexity (fig.1a); further comprising one or more hooks carried (24/32a/32b) on the extender, wherein the facial shield comprises one or more holes (22) configured to connect to the one or more hooks (fig.3); wherein the one or more hooks comprise a center hook (24, fig.3), wherein the one or more holes comprise a center hole, and wherein the center hook is configured to lock to the center hole (fig.3).
20. (Previously Presented) The personal protection system of claim 13, wherein the thickness of the extender is configured to increase a distance between the internal surface of the facial shield and the nose of the user (see the annotated figured 5A above); wherein the increased volume is configured to facilitate air flow to reduce fogging of the facial shield (fig.1a); wherein the increased volume is configured to facilitate air flow to reduce an increase in an internal carbon dioxide level (fig.1a).
Regarding claims 23-25, Bari discloses the personal protection system of claim 3, wherein the visual accessory comprises a projector configured to project onto the internal surface of the facial shield (fig.1a); wherein the visual accessory comprises a loupe; wherein the visual accessory comprises eyeglasses (fig.1a).
Regarding claims 26-28, Bari discloses the personal protection system of claim 13, wherein the visual accessory comprises a projector configured to project onto the internal surface of the facial shield (fig.1a); wherein the visual accessory comprises a loupe (fig.1a); wherein the visual accessory comprises eyeglasses (fig.1a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732