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 Amendment
Applicant’s Amendments, filed 3/16/2026, to claim 1 acknowledged by Examiner.
Claims 1-8 are now pending.
Election/Restrictions
Applicant's election with traverse of Species A (Fig. 1-10) in the reply filed on 3/16/2026 is acknowledged. The traversal is on the ground(s) that the reference applied (Duffy) for the 371/PCT restriction does not recite the special technical features of the claimed invention.
This is not found persuasive because as seen in the updated rejection below, the features of claims 1-8 are found anticipated/obvious in the art. As such, the claims lack special technical features that would provide unity for the indicated Species 1-4 in the restriction action.
Furthermore, Applicant appears to make argument that claim 1 being potentially generic to the indicated species provides support that there should be no species restriction. However, restriction is applied holistically to the disclosure wherein the indicated Species 1-4 are found to be also have mutually exclusive distinct features thus requiring restriction; whether or not the claims are generic does not have any impact on the validity of a species restriction.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-8 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 1 recites “along a longitudinal direction” in line 6, and “a longitudinal direction of the mask body part” in line 9, it is unclear if these are the same or different longitudinal directions. For examining purposes, these are the same longitudinal direction.
Claim 1 recites “longitudinal direction”, “up-down direction”. Claim 3 further recites “vertical direction”, wherein it is unclear if there is actually any difference between these three directions or if they are redundant and actually the same. For examining purposes, they are interpreted to be all the same direction essentially.
Claims 2, 4-8 rejected as being dependent on a rejected claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-8 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites “a central portion which covers, along a longitudinal direction, a central part in a left-right direction of the face of the wearer from nose to mouth of the wearer”, wherein there is a complete lack of functional language herein thus it appears that the claim 1 “central portion” is being directly positively defined by the human body parts of the face/nose/mouth/wearer. Thus, a human organism is claimed as part of the invention. Examiner recommends usage of -configured to- language to fix this issue.
Claims 5-8 recites “face contact body… which comes into contact with the face of the wearer”. There is a lack of proper functional language such that the face of the wearer appears to be potentially positively claimed in regards to the invention. Examiner recommends -configured to- language being added therein.
Claims 2-4 are rejected as being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsutoshi (JP 2007159788 A).
Regarding claim 1, Katsutoshi discloses a mask 10 (Fig. 1-6) comprising:
a mask body part 20 which is exposed to outside when worn on a face of a wearer (Fig. 1-6); and
ear straps 21 arranged on respective sides of the mask body part 20 (Fig. 1-6),
wherein the mask body part 20 includes a central portion 22 which covers, along a longitudinal direction, a central part in a left-right direction of the face of the wearer from nose to mouth of the wearer (Fig. 4, central portion 22),
folded parts which are connected to sides of the central portion 22 and which are folded along a longitudinal direction of the mask body part 20 (See Annotated Fig. 5, wherein there are folded parts at the sides of the central portion 22, and as seen in Fig. 1-6, these folds are vertically oriented in a longitudinal direction therein), and
side parts 24/26 (Fig. 5) which are connected to sides of the folded parts and which cover sides of the face of the wearer (Annotated Fig. 5 and Fig. 1-6, the side parts 24/26 are connected to sides of the folded parts and cover sides of the face of the wearer),
the central portion 22 includes reduced-width parts A1/A2 each having a width in a left-right direction reduced upward and/or downward from a central part in an up-down direction (Fig. 5, the lower and upper ends of the central portion 22 have widths A1/A2 that are reduced from a central part of the central portion 22), and
the mask body part 20 is configured such that the folded parts are folded and form a flap shape when the wearer is not using the mask (See Annotated Fig. 5, wherein the folded parts form flaps therein when not being used) and the folded parts are erected by tension of the ear straps 21 to form a three-dimensional shape when the wearer is using the mask (Fig. 4, mask is being worn and the folds are pulled be tension by the ear straps therein forming an implicit 3D shape).
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Regarding claim 2, Katsutoshi discloses the invention of claim 1 above.
Katsutoshi further discloses first pleat fold lines 24c/26c formed at respective borders between the folded parts and the central portion 22 (Annotated Fig. 5); and
second pleat fold lines 22a/22b formed at respective borders between the folded parts and the side parts 24/26 (Annotated Fig. 5),
wherein respective upper end parts and/or respective lower end parts of the first pleat fold lines and the second pleat fold lines are formed at approximately same respective positions (Fig. 1-6, the longitudinal first and second pleat fold lines 22a/22b/24c/26c have upper and lower ends that are formed at approximately the same respective longitudinal positions).
Regarding claim 3, Katsutoshi discloses the invention of claim 1 above.
Katsutoshi further discloses wherein the central portion 22 includes vertical parts (See Annotated Fig. 5) which are positioned at least in the central part in the up-down direction and which are provided in an approximately vertical direction (See Annotated Fig. 5, wherein the vertical parts are the indicated vertical portions thereof) and the reduced-width parts which are positioned and provided above and/or below the vertical parts (See Annotated Fig. 5, wherein the vertical parts are positioned between the reduced width parts, thus the reduced width parts are provided above and below the vertical parts of the central part), respectively, and
the ear straps 21 are connected to the mask body part 20 at respective upper and lower positions approximately equal to border parts between the vertical parts and the reduced-width parts (See Annotated Fig. 5, wherein the ear loops 21 have attached/connection to the mask body 20 at the borders between the vertical parts and reduced width parts), respectively, and/or at respective upper and lower positions closer to the central part in the up-down direction than the border parts (See Annotated Fig. 5, wherein the ear straps 21 have further attachment in the upper and lower positions closer to the central part than the border parts).
Regarding claim 4, Katsutoshi discloses the invention of claim 1 above.
Katsutoshi further discloses wherein respective attachment portions of the ear straps 21 to the mask body part 20 are connected to the mask body part 20 at positions in the up- down direction where the reduced-width parts are provided which are positions in the up-down direction approximately equally distanced from an upper end and a lower end of the mask body part (See Fig. 5, wherein the ear straps 21 are connected to the mask body part 20 at various positions along an up-down direction wherein reduced-width parts are provided, the ear straps 21 have attachments that may be considered approximately equally distanced from the upper and lower end of the mask body part 20).
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.
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) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katsutoshi (JP 2007159788 A) in view of Takeuchi (WO 2021006122 A1).
Regarding claims 5-8, Katsutoshi discloses the inventions of claims 1-4.
Katsutoshi is silent on a facial contact body which is provided on an inner side of the mask body part and which comes into contact with the face of the wearer.
However, Takeuchi teaches an analogous face mask (Fig. 1-8) comprising a facial contact body 3 which is provided on an inner side of an analogous mask body part (Fig. 1-8 and [0034]) and which comes into contact with the face of the wearer ([0033] the facial contact body 3 comes into contact with the face when worn).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the facial contact body 3 as taught by Takeuchi to the mask of Katsutoshi in order to provide more frictional force on the face of the user and reduce mask slippage off the face when worn (Takeuchi [0034]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230330450 A1
US 20220126130 A1
US 20140326245 A1
US 20150173436 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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