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 .
Amendment
This office action is responsive to the amendment filed on 1/16/26. As directed by the amendment: claims 1, 12, 18-19 and 24 have been amended, claims 2, 4, 8 and 23 have been canceled, and no new claims have been added. Thus, claims 1, 3, 5-7, 9-22 and 24-28 are presently pending in the application. Claims 3 and 16 remain withdrawn.
Claim Rejections - 35 USC § 103
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 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 1, 5-7, 9-14, 17-22 and 24-28 are rejected under 35 U.S.C. 103 as being unpatentable over de Saint Rapt (2,023,267) in view of Kern et al. (2012/0091381).
Regarding claim 1, in fig. 4-6 de Saint Rapt discloses a receptacle device for a mask, the receptacle device comprising: a valve (structure in fig. 4); a body portion (portion of e surrounding valve in use extending from the exterior portion of e to halfway along 3) holding the valve (Fig. 6); and an anchor portion (portion of e extending from the interior portion of e to halfway along 3); wherein at least one of the body portion and anchor portion is configured to engage the mask by mechanical fastening (the body portion engages directly with the mask by mechanical fasting of elements 2 and 3), but is silent regarding that at least one of the body portion and anchor portion is configured to engage the mask by at least one of plastic joining, adhesive bonding, welding, stitching, and magnetic elements. However, Kern teaches a valve 1 and mask body 30 in which at least one of a body portion (distal outer portion of valve body) and an anchor portion (proximal inner portion of valve body) is configured to engage the mask by at least one of plastic joining, adhesive bonding ([0043] at least indirectly depending on how much of the valve body is directly attached adhesively), welding ([0043] at least indirectly depending on how much of the valve body is directly attached by welding), stitching, and magnetic elements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify de Saint Rapt’s at least one of the body portion and anchor portion’s mechanical connection with the mask with either an adhesive bonding or welding connection, as taught by Kern, for the purpose of providing an alternate connection between a valve and a mask having the predictable results of securely attaching a valve to a mask.
Regarding claim 5, the modified de Saint Rapt discloses that the body portion and the anchor portion are integrally formed (Fig. 5 de Saint Rapt).
Regarding claim 6, the modified de Saint Rapt discloses that the valve is configured to receive a drinking (tube i, see claim 1 of de Saint Rapt), feeding or inhalation instrument.
Regarding claim 7, the modified de Saint Rapt discloses that the valve is structurally concave, convex, or flat (Fig. 4 de Saint Rapt) in a non-deformed state, optionally said valve being flexibly suspended from the body portion.
Regarding claim 9, the modified de Saint Rapt discloses that the valve comprises a slit pattern (the slits d within the diaphragms form a pattern, de Saint Rapt), optionally wherein the slit pattern generates valve petals, optionally wherein the slit pattern is configured to conform to the shape of a drinking, feeding or inhalation instrument when inserted through the valve, and/or wherein the slit pattern is configured to releasably grip and hold in position a drinking, feeding or inhalation instrument when inserted through the valve.
Regarding claim 10, the modified de Saint Rapt discloses that the anchor portion is configured to be substantially flush with an inner surface of the mask, or wherein the anchor portion comprises a surface for a user's lips to brace against when inserting a drinking (inner portion of the anchor portion are able to come into contact with the user’s lips, de Saint Rapt), feeding or inhalation instrument through the valve.
Regarding claim 11, the modified de Saint Rapt discloses a guide portion (outer portion of body portion that comes into direct contact with the outer portion of the mask, de Saint Rapt), optionally wherein the body portion comprises the guide portion, optionally wherein the guide portion comprises a base and a wall, and wherein the wall tapers towards the base, optionally wherein the guide portion comprises a linear or exponential funnel shape, optionally wherein the guide portion is detachably attachable to the body portion.
Regarding claim 12, the modified de Saint Rapt discloses that the mask is engaged with at least one of the body portion and anchor portion to generate a substantially hermetic seal (Fig. 8, de Saint Rapt is concerned with gas tightness Col. 2, ll. 50-53, de Saint Rapt, adhesive bonding or welding taught by Kern [0043]).
Regarding claim 13, the modified de Saint Rapt discloses a cap (f, de Saint Rapt), wherein the cap is configured to engage either the body portion or the guide portion by screwing thereon (Fig. 5-6 de Saint Rapt), by clipping thereon, by a hinge connection, by a string attachment, by a push-pull connection, or by a magnetic connection.
Regarding claim 14, the modified de Saint Rapt discloses that the shape of at least one of the body portion, anchor portion, or valve is annular (the body portion, anchor portion and valve are all annular, fig. 1-8, de Saint Rapt), square, circular, triangular, pentagonal, hexagonal, octagonal, cylindrical, cubic, elliptical, oval, lip-shaped, or a shield.
Regarding claim 17, the modified de Saint Rapt discloses that at least one of the body portion, anchor portion, or valve is elastomeric (the valve is rubber, which is elastomeric Col. 1, ll. 15-18 de Saint Rapt); or wherein at least one of the body portion or anchor portion is rigid.
Regarding claim 18, the modified de Saint Rapt discloses that the body portion is configured to engage the mask by at least one of plastic joining, adhesive bonding ([0043] at least indirectly depending on how much of the valve body is directly attached adhesively, Kern), welding ([0043] at least indirectly depending on how much of the valve body is directly attached by welding, Kern), mechanical fastening, stitching, and magnetic elements.
Regarding claim 19, the modified de Saint Rapt discloses that the anchor portion is configured to engage the mask by at least one of plastic joining, adhesive bonding ([0043] at least indirectly depending on how much of the valve body is directly attached adhesively, Kern), welding ([0043] at least indirectly depending on how much of the valve body is directly attached by welding, Kern), mechanical fastening, stitching, and magnetic elements.
Regarding claim 20, the modified de Saint Rapt discloses that at least one of the body portion or anchor portion comprises gripping ridges or gripping notches (see threads of body portion that communication with f, de Saint Rapt).
Regarding claim 21, the modified de Saint Rapt discloses that the valve comprises a material selected from silicone, plastic, rubber (Col. 1, ll. 15-18 de Saint Rapt), a thermoplastic elastomer (TPE, de Saint Rapt), and combinations thereof.
Regarding claim 22, the modified de Saint Rapt discloses that the valve is a self-sealing valve (Col. 2, ll. 50-53 de Saint Rapt), or wherein the self-sealing valve is configured to generate a hermetic seal (Col. 2, ll. 50-53 de Saint Rapt).
Regarding claim 24, the modified de Saint Rapt discloses a method of manufacturing the receptacle device for a mask of Claim 1, comprising the steps of: providing the valve (structure in fig. 4 de Saint Rapt); the body portion (portion of e surrounding valve in use extending from the exterior portion of e to halfway along 3 de Saint Rapt) holding the valve (Fig. 6 de Saint Rapt); and the anchor portion (portion of e extending from the interior portion of e to halfway along 3, de Saint Rapt); and engaging at least one of the body portion and anchor portion with the mask by at least one of plastic joining, adhesive bonding ([0043] at least indirectly depending on how much of the valve body is directly attached adhesively, Kern), welding ([0043] at least indirectly depending on how much of the valve body is directly attached by welding, Kern), stitching, and magnetic elements.
Regarding claim 25, the modified de Saint Rapt discloses that the valve is hemispherical (in use, see fig. 6, de Saint Rapt), optionally said valve being flexibly suspended from the body portion.
Regarding claim 26, the modified de Saint Rapt discloses that the receptacle device is a unitary construction (the receptacle device is unitary when assembled, see fig. 6 de Saint Rapt).
Regarding claim 27, the modified de Saint Rapt discloses that the valve is in line with the body portion (see fig. 6 de Saint Rapt).
Regarding claim 28, the modified de Saint Rapt discloses that the drinking, feeding or inhalation instrument is at least one selected from a straw, a bottle pourer, a spout, a squeeze bottle, a tube (i is a tube, de Saint Rapt), a hose, a nebulizer, a smoking apparatus, an e-cigarette, a vape pen, an inhaler, and a ventilator.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over de Saint Rapt and Kern, as applied to claim 1 above, and further in view of Hosac (10,980,296).
Regarding claim 15, the modified de Saint Rapt is silent regarding that at least one of the body portion or anchor portion comprises at least one of a silicone material, nylon, plastic composites, a thermoplastic elastomer (TPE), metal, rubber, acrylonitrile butadiene styrene (ABS), thermoplastic polyurethane (TPU), polylactic acid (PLA), high impact polystyrene (HIPS), polyethylene terephthalate (PETG), nylon, carbon fiber filled, acrylonitrile styrene acrylate (ASA), polycarbonate, polypropylene, metal filled, wood filled, or combinations thereof. However, in fig. 2 Hosac teaches a body portion 126 made of metal (Col. 6, ll. 34-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified de Saint Rapt’s body portion material with metal, as taught by Hosac, for the purpose of providing an alternate material having the predictable results of supporting a valve.
Response to Arguments
Applicant’s arguments, see pages 1-2, filed 1/16/26, with respect to the rejection of claim 1 under de Saint Rapt have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of de Saint Rapt in view of Kern.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL T SIPPEL whose telephone number is (571)270-1481. The examiner can normally be reached M-F 9:00-5:00 PM.
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/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785