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 .
In view of the Notice of Appeal Brief filed on 02/17/2026, PROSECUTION IS HEREBY REOPENED. A new grounds of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/ALIREZA NIA/ Supervisory Patent Examiner, Art Unit 3786
Response to Amendment
The Appeal Brief filed 02/17/2026 is acknowledged by the examiner.
Claims 1-20 remain cancelled.
Claims 21-25, 28, 31-36, 39, and 41-47 is currently pending and under examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In light of the amendments to the claims, the office action has been updated, and a new ground of rejection is disclosed. WONG is introduced as a primary reference, and a different embodiment of Formica is disclosed as well.
Applicant’s arguments with respect to claim(s) 21-25, 28, 31-36, 39, and 41-47 have been considered but are moot because the new ground of rejection. WONG is introduced as a primary reference, and a different embodiment of Formica is relied upon. Therefore, the arguments regarding Formica are moot.
Claim Objections
Claim 42 is objected to because of the following informalities:
Regarding claim 42, “made of a material which is kind to skin” in line 2 should be recited as “made of material which is configured to be kind to skin”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 21, 33, 41, 42, and 46 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WONG et al. (referred to as “WONG”) (US 2017/0259022 A1).
Regarding claim 21, WONG discloses a head harness (3300) for a patient interface (3000) (see Fig. 3A and [0104]; stabilizing structure 3300 is illustrated as a headgear and is a head harness for a patient interface 3000), wherein the head harness (3300) is formed from at least one material strand (6000) which comprises a reinforcement region in at least some parts thereof (see Figs. 3A, 4A, and [0109], [0115]; the stabilizing structure 3300 is formed from spacer fabric 6000 which is a material strand which comprises a reinforcement region as a rigidiser arm may be inserted into the central fabric layer 6006 and central fabric layer 6006 itself provides structural support and flexibility), the at least one material strand (6000) comprising a first material layer (6002) and a second material layer (6004) and an intermediate layer (6006) arranged between the first material layer (6002) and the second material layer (6004) (see Fig. 4A; the spacer fabric 6000 comprises a first fabric layer 6002 and a second fabric layer 6004, and a central fabric layer 6006 which is an intermediate layer as it is arranged between the first fabric layer 6002 and the second fabric layer 6004), and wherein the intermediate layer (6006) (i) comprises a foam layer which comprises short and/or long fibers in at least some parts thereof and/or (ii) comprises at least one structure mat which is configured as a warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 4A and [0118], [0123]; the central fabric layer 6006 is a structure mat as it is configured as a warp-knitted fabric).
Regarding claim 33, WONG discloses the invention as discussed in claim 21. WONG further discloses wherein the intermediate layer (6006) comprises at least two different structure mats (see Fig. 4A and [0118], [0123], and [0115]; a rigidiser arm may also be inserted into the central fabric layer 6006, and thus comprising at least two different structure mats, as the rigidiser arm is one structure mat and the warp-knitted central fabric layer 6006 is another structure mat), at least one of which is configured as a woven fabric mat, warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 4A and [0018], and [0123]; the central fabric layer 6006 may be warp-knitted fabric).
Regarding claim 41, WONG discloses a head harness (3300) for a patient interface (3000) (see Fig. 3A and [0104]; stabilizing structure 3300 is illustrated as a headgear and thus is a head harness for a patient interface 3000), wherein the head harness (3300) is formed from at least one material strand (6000) which comprises a reinforcement region in at least some parts thereof (see Figs. 3A, 4B, and [0109], [0115]; the stabilizing structure 3300 is formed from spacer fabric 6000 which is a material strand which comprises a reinforcement region as a rigidiser arm may be inserted into the central fabric layer 6006 and central fabric layer 6006 itself provides structural support and flexibility), the at least one material strand (6000) comprising a first material layer (6002) and a second material layer (6004+6008) having at least one property which is different from a property of the first material layer (6002) (see Fig. 4B and [0110]-[0111]; the spacer fabric 6000 comprises a first fabric layer 6002 which is a first material layer and the spacer fabric 6000 comprises a second fabric layer 6004 + a third fabric layer 6008 which make up a second material layer, and the first fabric layer 6002 may be hydrophilic, while the second fabric layer 6004 may be hygroscopic, and thus the second material layer has a different property from the first fabric layer 6002), and an intermediate layer (6006) arranged between the first material layer (6002) and the second material layer (6004+6008) (see Fig. 4B; central fabric layer 6006 which is an intermediate layer as it is arranged between the first fabric layer 6002 and the second fabric layer 6004 + third fabric layer 6008), and wherein the intermediate layer (6006) (i) comprises a foam layer which comprises short fibers and/or long fibers in at least some parts thereof and/or (ii) comprises at least one structure mat which is configured as a woven fabric mat, warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 4A and [0118], [0123]; the central fabric layer 6006 is a structure mat as it is configured as a warp-knitted fabric).
Regarding claim 42, WONG discloses the invention as discussed in claim 41. WONG further discloses wherein at least one of the first material layer (6002) and the second material layer (66004+6008) is made of a material which is kind to skin and at least one of the first material layer (6002) and the second material layer (6004+6008) is formed from a material that is suitable for the provision of a hook-and-loop fastener (see Fig. 4B and [0116], and [0124]; the first fabric layer 6002 is made of a material that may be smooth to the touch and is suitable for contact with a patient’s skin, and the third fabric layer 6008 is formed from a material that may be suitable for mating and/or fastening with a hook layer, and thus is suitable for the provision of a hook-and-loop fastener).
Regarding claim 46, WONG discloses the invention as discussed in claim 21. WONG further discloses wherein the intermediate layer (6006) comprises at least two different structure mats (see Fig. 4A and [0118], [0123], and [0115]; a rigidiser arm may also be inserted into the central fabric layer 6006, and thus comprising at least two different structure mats, as the rigidiser arm is one structure mat and the warp-knitted central fabric layer 6006 is another structure mat), at least one of which is configured as a woven fabric mat, warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 4A and [0018], and [0123]; the central fabric layer 6006 may be warp-knitted fabric).
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 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.
Claim(s) 23, 34, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over WONG in view of Woodruff et al. (referred to as “Woodruff”) (US 2015/0093556 A1).
Regarding claim 23, WONG discloses the invention as discussed in claim 21.
WONG is silent on wherein the intermediate layer comprises the at least one structure mat which is configured as the woven fabric mat, loop-drawn knitted fabric or braid.
However, Woodruff teaches an analogous structure mat (26) (see Figs. 1-2; textile layer 26 is an analogous structure mat as it provides enhanced flexion while still providing enough stiffness/rigidity, see [0031]), and the at least one structure mat (26) configured as the loop-drawn knitted fabric or braid (see [0031] and Figs. 1-2; the textile layer 26 is a structure mat that may be configured as a braid), providing a more stable and enhanced force distribution across the material strand.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the intermediate layer (6006) which comprises the at least one structure mat in the device of WONG to be configured as a braid as taught by Woodruff to have provided an improved head harness that provides a more stable and enhanced force distribution across the material strand.
Regarding claim 34, WONG in view of Woodruff discloses the invention as discussed in claim 23. WONG in view of Woodruff further discloses wherein the at least one structure mat (6006 of WONG) comprises inorganic or organic reinforcement fibers (see Fig. 4A of WONG and [0123] of WONG which discusses how the central fabric layer 6006 of WONG may be formed from polyester yarn or nylon yarn, which are organic reinforcement fibers, as indicated on page 5 lines 33-34 of Applicant’s specification).
Regarding claim 44, WONG discloses the invention as discussed in claim 41.
WONG is silent on wherein the intermediate layer comprises the at least one structure mat which is configured as the woven fabric mat, loop-drawn knitted fabric or braid.
However, Woodruff teaches an analogous structure mat (26) (see Figs. 1-2; textile layer 26 is an analogous structure mat as it provides enhanced flexion while still providing enough stiffness/rigidity, see [0031]), and the at least one structure mat (26) configured as the loop-drawn knitted fabric or braid (see [0031] and Figs. 1-2; the textile layer 26 is a structure mat that may be configured as a braid), providing a more stable and enhanced force distribution across the material strand.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the intermediate layer (6006) which comprises the at least one structure mat in the device of WONG to be configured as a braid as taught by Woodruff to have provided an improved head harness that provides a more stable and enhanced force distribution across the material strand.
Claim(s) 21, 24, and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica et al. (referred to as “Formica”) (US 2011/0197341 A1) in view of WONG.
Regarding claim 21, Formica discloses a head harness for a patient interface (10) (see Fig. 1; the head harness is made up elements 20, 30, 40, 50, 60 as these elements are straps arranged over a user’s head for mask 10 which may be a patient interface), wherein the head harness is formed from at least one material strand which comprises a reinforcement region in at least some parts thereof (see Fig. 1; the head harness is formed of at least one material strand with a rigidizer, like as shown in Fig. 14I, and the rigidizer a reinforcement region, as the rigidizer is used to secure and anchor the head harness in position on the patient’s head and providing integrity to the structure, see [0089]-[0093], [0164], and Fig. 14I), the at least one material strand comprising a first material layer (1581(1)) and a second material layer (1581(2)) and an intermediate layer (1580+1582) arranged between the first material layer (1581(1)) and the second material layer (1581(2)) (see Fig. 14I and [0174]; the at least one material strand comprises a first layer of fabric 1581(1) positioned at the base and a second layer of fabric 1581(2) positioned at the very top, and in between the first layer of fabric 1581(1) and the second layer of fabric 1581(2) is foam 1582+rigidizer 1580 thus making up an intermediate layer), and wherein the intermediate layer (1580+1582) (i) comprises a foam layer (1582) (see Fig. 14I and [0174]; the intermediate layer comprises a foam layer 1582) and/or (ii) comprises at least one structure mat (see Fig. 14I and [0174] which discusses how the internal components, thus the intermediate layer, may also include 3D weaves, which is a structure mat as they 3D weaves provide a layer of support to the material strand).
Formica is silent on the at least one structure mat being configured as a warp-knitted fabric, loop-drawn knitted fabric or braid.
However, WONG teaches an analogous at least one structure mat (6006) (see Fig. 4A; central fabric layer 6006), and wherein the at least one structure mat (6006) is configured as a warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 4A and [0118]; central fabric layer 6006 may be fabricated by 3D knitting such as warp knitting, and thus is configured as a warp-knitted fabric), providing a material strand that allows for movement accommodation while still offering some rigidity and structure.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one structure mat in the device of Formica to be configured as a warp-knitted fabric as taught by WONG, as Formica already contemplates a 3D weave/knitted component as part of the intermediate layer, to have provided an improved head harness that provides a material strand that allows for movement accommodation while still offering some rigidity and structure.
Regarding claim 24, Formica in view of WONG discloses the invention as discussed in claim 21. Formica in view of WONG further discloses wherein the intermediate layer (1580+1582 of Formica) comprises (ii) (as previously modified above, see claim 21, the 3D weave component in Formica has been modified to be a warp-knitted fabric) and further comprises a foam layer (1582 of Formica) without fibers (see Fig. 14I of Formica and [0174] of Formica; foam layer 1582 of Formica is also a part of the intermediate layer as foam layer 1582 of Formica is sandwiched between the two fabric outer layers 1581(1) and 1581(2) of Formica, and the foam layer 1582 of Formica does not have fibers).
Regarding claim 41, Formica discloses a head harness for a patient interface (10) (see Fig. 1; the head harness is made up elements 20, 30, 40, 50, 60 as these elements are straps arranged over a user’s head for mask 10 which may be a patient interface), wherein the head harness is formed from at least one material strand which comprises a reinforcement region in at least some parts thereof (see Fig. 1; the head harness is formed of at least one material strand with a rigidizer, like as shown in Fig. 14I, and the rigidizer is a reinforcement region, as the rigidizer is used to secure and anchor the head harness in position on the patient’s head and provide integrity to the structure, see [0089]-[0093], [0164], and Fig. 14I), the at least one material strand comprising a first material layer (1581(1)) and a second material layer (1581(2)), and an intermediate layer (1580+1582) arranged between the first material layer (1581(1)) and the second material layer (1581(2)) (see Fig. 14I and [0174]; the at least one material strand comprises a first layer of fabric 1581(1) positioned at the base and a second layer of fabric 1581(2) positioned at the very top, and in between the first layer of fabric 1581(1) and the second layer of fabric 1581(2) is foam 1582+rigidizer 1580 thus making up an intermediate layer), and wherein the intermediate layer (1580+1582) (i) comprises a foam layer which comprises short fibers and/or long fibers in at least some parts thereof and/or (ii) comprises at least one structure mat (see Fig. 14I and [0174] which discusses how the internal components, thus the intermediate layer, may also include 3D weaves, which is a structure mat as they 3D weaves provide a layer of support to the material strand).
Formica is silent on the second material layer having at least one property which is different from a property of the first material layer, and the at least one structure mat being configured as a woven fabric mat, warp-knitted fabric, loop-drawn knitted fabric or braid.
However, WONG teaches an analogous first material layer (6002) and an analogous second material layer (6004) having at least one property which is different from a property of the first material layer (6002) (see Fig. 4A and [0110]-[0111]; the spacer fabric 6000 comprises a first fabric layer 6002 which is a first material layer and the spacer fabric 6000 comprises a second fabric layer 6004 which is a second material layer, and the first fabric layer 6002 may be hydrophilic, while the second fabric layer 6004 may be hygroscopic, and thus the second material layer has a different property from the first fabric layer 6002), and WONG teaches an analogous at least one structure mat (6006) that is configured as a woven fabric mat, warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 4A and [0118]; central fabric layer 6006 may be fabricated by 3D knitting such as warp knitting, and thus is configured as a warp-knitted fabric), providing a strap that is moisture wicking (see [0111]), and a material strand that allows for movement accommodation while still offering some rigidity and structure.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second material layer (1581(2)) in the device of Formica to have a different property from a property of the first material layer as taught by WONG, and to have modified the at least one structure mat in the device of Formica to be configured as a warp-knitted fabric as taught by WONG, as Formica already contemplates a 3D weave/knitted component as part of the intermediate layer, to have provided an improved head harness that provides a strap that is moisture wicking (see [0111]), and a material strand that allows for movement accommodation while still offering some rigidity and structure.
Claim(s) 22, 25, 28, 32, 43, and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of WONG in view of Jayakody et al. (referred to as “Jayakody”) (US 2011/0070423 A1) further in view of LANG et al. (referred to as “LANG”) (US 2017/0087322 A1).
Regarding claim 22, Formica in view of WONG discloses the invention as discussed in claim 21. Formica in view of WONG further discloses wherein the intermediate layer (1580+1582 of Formica) comprises the foam layer (1582 of Formica) (see Fig. 14I of Formica and [0174] of Formica; the intermediate layer further comprises foam layer 1582 of Formica as foam layer 1582 of Formica is sandwiched between fabric outer layers 1581(1) and 1581(2) of Formica).
Formica in view of Dunn is silent on the foam layer comprising the short fibers and/or long fibers in at least some parts thereof.
However, Jayakody teaches an analogous foam material which comprises fibers in at least some parts thereof (see Abstract, [0007], [0009], [0014], [0027]; any foam material and any fiber material may be used to form a foam-fiber composite material in which a foam material comprises fibers in at least some parts thereof as the fibers are disposed substantially throughout the foam structure), providing a fiber-reinforced foam material that has increased durability and utility (see [0002]), as the material exhibits improved tensile strength and tear strength (see [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam layer (1582 of Formica) in the device of Formica in view of WONG to comprise fibers in at least some parts thereof as taught by Jayakody to have provided an improved material strand for a head harness that has a fiber-reinforced foam material that has increased durability and utility (see [0002]) as the material exhibits improved tensile strength and tear strength (see [0011]). Therefore, the combination of Formica in view of WONG further in view of Jayakody results in the intermediate layer comprises a foam layer (1582 of Formica) which comprises fibers in at least some parts thereof.
Formica in view of WONG further in view of Jayakody is silent on the fibers being short fibers and/or long fibers.
However, LANG teaches an analogous foam layer (3132) and analogous fibers (3136) (see Fig. 4a), wherein the fibers are short fibers and/or long fibers (see Fig. 4a and [0144]-[0145]; base layer 3132 is an analogous foam layer as it may be made from polyurethane foam and fiber layer 3136 are analogous fibers as the fiber layer is composed of a plurality of fibers, and the length of the fibers of the fiber layer 3136 may be between 0.1 mm and 5 mm, see [0167], which means they may be short fibers or long fibers, as applicant has indicated short fibers have a length from 0.1 mm to 1 mm and longer fibers have a length from 1 mm to 50 mm, see page 3 lines 21-24 of applicant’s specification), providing a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the fibers (fibers of Jayakody) in the device of Formica in view of WONG further in view of Jayakody to be short fibers and/or long fibers as taught by LANG to have provided an improved material strand for a head harness that has a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Regarding claim 25, Formica in view of WONG discloses the invention as discussed in claim 21. Formica in view of WONG further discloses wherein the intermediate layer (1580+1582 of Formica) comprises the foam layer (1582 of Formica) (see Fig. 14I of Formica and [0174] of Formica; foam layer 1582 of Formica makes up the intermediate layer as it is sandwiched between the two outer fabric layers 1581(1) and 1581(2) of Formica), and also comprises the at least one structure mat which is configured as the warp-knitted fabric, loop-drawn knitted fabric or braid (see [0174] of Formica which discusses how the internal components, and thus the intermediate layer, may also include 3 weaves which is a structure mat, which as been modified by WONG to be warp-knitted).
Formica in view of WONG is silent on the foam layer comprising the short fibers and/or long fibers in at least some parts thereof.
However, Jayakody teaches an analogous foam material which comprises fibers in at least some parts thereof (see Abstract, [0007], [0009], [0014], [0027]; any foam material and any fiber material may be used to form a foam-fiber composite material in which a foam material comprises fibers in at least some parts thereof as the fibers are disposed substantially throughout the foam structure), providing a fiber-reinforced foam material that has increased durability and utility (see [0002]), as the material exhibits improved tensile strength and tear strength (see [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam layer (1582 of Formica) in the device of Formica in view of WONG to comprise fibers in at least some parts thereof as taught by Jayakody to have provided an improved material strand for a head harness that has a fiber-reinforced foam material that has increased durability and utility (see [0002]) as the material exhibits improved tensile strength and tear strength (see [0011]). Therefore, the combination of Formica in view of WONG further in view of Jayakody results in the intermediate layer comprises a foam layer (1582 of Formica) which comprises fibers in at least some parts thereof.
Formica in view of WONG further in view of Jayakody is silent on the fibers being short fibers and/or long fibers.
However, LANG teaches an analogous foam layer (3132) and analogous fibers (3136) (see Fig. 4a), wherein the fibers are short fibers and/or long fibers (see Fig. 4a and [0144]-[0145]; base layer 3132 is an analogous foam layer as it may be made from polyurethane foam and fiber layer 3136 are analogous fibers as the fiber layer is composed of a plurality of fibers, and the length of the fibers of the fiber layer 3136 may be between 0.1 mm and 5 mm, see [0167], which means they may be short fibers or long fibers, as applicant has indicated short fibers have a length from 0.1 mm to 1 mm and longer fibers have a length from 1 mm to 50 mm, see page 3 lines 21-24 of applicant’s specification), providing a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the fibers (fibers of Jayakody) in the device of Formica in view of WONG further in view of Jayakody to be short fibers and/or long fibers as taught by LANG to have provided an improved material strand for a head harness that has a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Regarding claim 28, Formica in view of WONG in view of Jayakody further in view of LANG discloses the invention as discussed in claim 22. Formica in view of WONG in view of Jayakody further in view of LANG further discloses wherein the short fibers have a length from 0.1 mm to 1 mm (see [0167] of LANG; as previously modified above, see claim 22, the fibers of Jayakody may have a length between 0.1 mm and 1.0 mm as taught by LANG, making them short fibers) and/or the long fibers have a length of from 1 mm to 50 mm (see [0167] of LANG; as previously modified above, see claim 22, the fibers of Jayakody may have a length between 0.01 mm to 5.0 mm, which means the fibers could be from 1 mm to 5 mm, which is in the range of 1 mm to 50 mm, making them long fibers).
Regarding claim 32, Formica in view of WONG in view of Jayakody further in view of LANG discloses the invention as discussed in claim 22. Formica in view of WONG in view of Jayakody further in view of LANG further discloses wherein the short fibers form at least one plane in the foam layer or are distributed over the entire foam layer (1582 of Formica), and wherein the short fibers and/or long fibers are formed in a composite structure (see [0007], [0009] of Jayakody; the fibers of Jayakody which may have a length between 0.1 mm to 1 mm as taught by LANG making them short fibers, see claim 22 above, are distributed over the entire foam layer, as the fibers are distributed homogenously throughout the foam and thus the fibers are formed in a composite structure with the foam material).
Regarding claim 43, Formica in view of WONG discloses the invention as discussed in claim 41. Formica in view of WONG further discloses wherein the intermediate layer (1580+1582 of Formica) comprises the foam layer (1582 of Formica) (see Fig. 14I and [0174] of Formica; the intermediate layer comprises foam layer 1582 of Formica as foam layer 1582 is sandwiched between fabric outer layers 1581(1) and 1581(2) of Formica).
Formica in view of WONG is silent on the foam layer comprising the short fibers and/or long fibers in at least some parts thereof.
However, Jayakody teaches an analogous foam material which comprises fibers in at least some parts thereof (see Abstract, [0007], [0009], [0014], [0027]; any foam material and any fiber material may be used to form a foam-fiber composite material in which a foam material comprises fibers in at least some parts thereof as the fibers are disposed substantially throughout the foam structure), providing a fiber-reinforced foam material that has increased durability and utility (see [0002]), as the material exhibits improved tensile strength and tear strength (see [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam layer (1582 of Formica) in the device of Formica in view of WONG to comprise fibers in at least some parts thereof as taught by Jayakody to have provided an improved material strand for a head harness that has a fiber-reinforced foam material that has increased durability and utility (see [0002]) as the material exhibits improved tensile strength and tear strength (see [0011]). Therefore, the combination of Formica in view of WONG further in view of Jayakody results in the intermediate layer comprises a foam layer (1582 of Formica) which comprises fibers in at least some parts thereof.
Formica in view of WONG further in view of Jayakody is silent on the fibers being short fibers and/or long fibers.
However, LANG teaches an analogous foam layer (3132) and analogous fibers (3136) (see Fig. 4a), wherein the fibers are short fibers and/or long fibers (see Fig. 4a and [0144]-[0145]; base layer 3132 is an analogous foam layer as it may be made from polyurethane foam and fiber layer 3136 are analogous fibers as the fiber layer is composed of a plurality of fibers, and the length of the fibers of the fiber layer 3136 may be between 0.1 mm and 5 mm, see [0167], which means they may be short fibers or long fibers, as applicant has indicated short fibers have a length from 0.1 mm to 1 mm and longer fibers have a length from 1 mm to 50 mm, see page 3 lines 21-24 of applicant’s specification), providing a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the fibers (fibers of Jayakody) in the device of Formica in view of WONG further in view of Jayakody to be short fibers and/or long fibers as taught by LANG to have provided an improved material strand for a head harness that has a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Regarding claim 45, Formica in view of WONG discloses the invention as discussed in claim 41. Formica in view of WONG further discloses wherein the intermediate layer (1580+1582 of Formica) comprises the foam layer (1582 of Formica) (see Fig. 14I of Formica and [0174] of Formica; foam layer 1582 of Formica makes up the intermediate layer as it is sandwiched between the two outer fabric layers 1581(1) and 1581(2) of Formica), and also comprises the at least one structure mat which is configured as the woven fabric mat, warp-knitted fabric, loop-drawn knitted fabric or braid (see Fig. 14I and [0174] which discusses how the internal components, thus the intermediate layer, may also include 3D weaves, which has been modified to be a warp-knitted fabric as taught by WONG, see claim 41 above).
Formica in view of WONG is silent on the foam layer comprising the short fibers and/or long fibers in at least some parts thereof.
However, Jayakody teaches an analogous foam material which comprises fibers in at least some parts thereof (see Abstract, [0007], [0009], [0014], [0027]; any foam material and any fiber material may be used to form a foam-fiber composite material in which a foam material comprises fibers in at least some parts thereof as the fibers are disposed substantially throughout the foam structure), providing a fiber-reinforced foam material that has increased durability and utility (see [0002]), as the material exhibits improved tensile strength and tear strength (see [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam layer (1582 of Formica) in the device of Formica in view of WONG to comprise fibers in at least some parts thereof as taught by Jayakody to have provided an improved material strand for a head harness that has a fiber-reinforced foam material that has increased durability and utility (see [0002]) as the material exhibits improved tensile strength and tear strength (see [0011]). Therefore, the combination of Formica in view of WONG further in view of Jayakody results in the intermediate layer comprises a foam layer (1582 of Formica) which comprises fibers in at least some parts thereof.
Formica in view of WONG further in view of Jayakody is silent on the fibers being short fibers and/or long fibers.
However, LANG teaches an analogous foam layer (3132) and analogous fibers (3136) (see Fig. 4a), wherein the fibers are short fibers and/or long fibers (see Fig. 4a and [0144]-[0145]; base layer 3132 is an analogous foam layer as it may be made from polyurethane foam and fiber layer 3136 are analogous fibers as the fiber layer is composed of a plurality of fibers, and the length of the fibers of the fiber layer 3136 may be between 0.1 mm and 5 mm, see [0167], which means they may be short fibers or long fibers, as applicant has indicated short fibers have a length from 0.1 mm to 1 mm and longer fibers have a length from 1 mm to 50 mm, see page 3 lines 21-24 of applicant’s specification), providing a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the fibers (fibers of Jayakody) in the device of Formica in view of WONG further in view of Jayakody to be short fibers and/or long fibers as taught by LANG to have provided an improved material strand for a head harness that has a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of WONG further in view of Strutz (US 3,964,653).
Regarding claim 31, Formica in view of WONG discloses the invention as discussed in claim 21.
Formica in view of WONG is silent on wherein the intermediate layer makes up a greatest part of a thickness (S) of the at least one material strand.
However, Strutz teaches an analogous intermediate layer (18) (see Fig. 4; foam material 18 is in between strips 20, 22 on both sides, and thus is an intermediate layer), and wherein the intermediate layer (18) makes up a greatest part of a thickness of the at least one material strand (see Fig. 4 and Col. 2 lines 36-42 and Col. 4 lines 27-29 which discusses how the foam material 18 is a thick layer that is covered on its opposite sides by thin strips 20, 22, and thus the foam material 18 which is the intermediate layer makes up the greatest part of a thickness of the at least one material strand 12a), providing enough cushioning for a user’s comfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the intermediate layers (1580+1582 of Formica) in the device of Formica in view of WONG to make up a greatest part of a thickness of the at least one material strand as taught by Strutz to have provided an improved head harness that provides enough cushioning for a user’s comfort.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of WONG further in view of LANG et al. (referred to as “LANG ‘519”) (US 2015/0028519 A1).
Regarding claim 36, Formica in view of WONG discloses the invention as discussed in claim 24.
Formica in view of WONG is silent on wherein the at least one structure mat is surrounded by the foam layer without fibers.
However, LANG ‘519 teaches an analogous head harness (1) (see Figs. 1a and 1b) and an analogous foam layer (M) and wherein the at least one structure mat (E) is surrounded by the foam layer (M) without fibers (see Figs. 1b, and 3, and [0043] and [0045]; the tensile stiff insert E is an analogous at least one structure mat as the tensile stiff insert E reinforces headband 1 and the tensile stiff insert E is surrounded by the foam material M without fibers, as seen in Fig. 3, as the tensile stiff insert E is embedded in the foam material M), providing a sturdier and stronger connection between the foam layer and structure mat.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one structure mat in the device of Formica in view of WONG to be surrounded by the foam layer without fibers as taught by the foam layer M of LANG ‘519 to have provided an improved material strand for a head harness that provides a sturdier and thus stronger connection between the foam layer and structure mat.
Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of Jayakody further in view of LANG.
Regarding claim 39, Formica discloses a patient interface (10) with a head harness (20, 30, 40, 50, 60) (see Fig. 1; mask 10 is a patient interface with a head harness made up of elements 20,30,40,50,60 as these elements are straps arranged over a user’s head), wherein the patient interface (10) is configured as a mask with a mask body and a mask bead (see Annotated Fig. 1 of Formica; mask 10 is a mask with a mask body and mask bead which are labeled in Annotated Fig. 1), and the head harness is formed from at least one material strand and has a first side portion, a second side portion and a base portion (see Fig. 1 and [0098]; the head harness is made up elements 20, 30, 40, 50, 60 as these elements are straps arranged over a user’s head for mask 10 which is a patient interface, and is formed from at least one material strand, and comprises a first side portion which includes elements 20, 30, 62, 64, 66 as these elements make up one side of the head harness, and a second side portion includes these elements however on the other side of the user’s face that is not shown, as there is an opposing rigidizer 60 on the other side, and rear strap 50 is a base portion as it is adapted to pass behind the patients head at the base), the first side portion and the second side portion of the head harness each extending starting from the mask body (see Fig. 1 and [0098]; the first side portion and the second side portion each extend starting from the mask body, as seen in Fig. 1 via the upper side strap 20 and lower side strap 30), and the base portion (50) connecting the first side portion and the second side portion to each other (see Fig. 1 and [0098]; the first side portion and the second side portion are connected to each other via rear strap 50 as the rear strap 50 is adapted to pass behind the patient’s head in use and connect the lower ends of opposing rigidizers 60), and wherein the at least one material strand comprises a reinforcement region (60) in at least some parts thereof and comprises a first material layer and a second material layer and an intermediate layer arranged between the first material layer and the second material layer (see Fig. 14I and [0174]; the rigidizer 60 is a reinforcement region, and the rigidizer 60, may be shown in another embodiment Fig. 14I, and thus a first material layer is first fabric layer 1581(1) arranged at the base, and the second material layer is the second fabric layer 1581(2), and an intermediate layer is foam layer 1582 + rigidizer 1580 as these layers are arranged in between the two fabric outer layers 1581(1) and 1581(2)), the intermediate layer (i) comprising a foam layer (1582) (see Fig. 14I and [0174]; foam layer 1582 is a part of the intermediate layer as it is sandwiched between the two fabric outer layers 1581(1) and 1581(2)).
Formica is silent on the foam layer comprising short fibers and/or long fibers in at least some parts thereof.
However, Jayakody teaches an analogous foam material which comprises fibers in at least some parts thereof (see Abstract, [0007], [0009], [0014], [0027]; any foam material and any fiber material may be used to form a foam-fiber composite material in which a foam material comprises fibers in at least some parts thereof as the fibers are disposed substantially throughout the foam structure), providing a fiber-reinforced foam material that has increased durability and utility (see [0002]), as the material exhibits improved tensile strength and tear strength (see [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam layer (1582) in the device of Formica to comprise fibers in at least some parts thereof as taught by Jayakody to have provided an improved material strand for a head harness that has a fiber-reinforced foam material that has increased durability and utility (see [0002]) as the material exhibits improved tensile strength and tear strength (see [0011]). Therefore, the combination of Formica in view of Jayakody results in the intermediate layer comprises a foam layer (1482 of Formica) which comprises fibers in at least some parts thereof.
Formica in view of Jayakody is silent on the fibers being short fibers and/or long fibers.
However, LANG teaches an analogous foam layer (3132) and analogous fibers (3136) (see Fig. 4a), wherein the fibers are short fibers and/or long fibers (see Fig. 4a and [0144]-[0145]; base layer 3132 is an analogous foam layer as it may be made from polyurethane foam and fiber layer 3136 are analogous fibers as the fiber layer is composed of a plurality of fibers, and the length of the fibers of the fiber layer 3136 may be between 0.1 mm and 5 mm, see [0167], which means they may be short fibers or long fibers, as applicant has indicated short fibers have a length from 0.1 mm to 1 mm and longer fibers have a length from 1 mm to 50 mm, see page 3 lines 21-24 of applicant’s specification), providing a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the fibers (fibers of Jayakody) in the device of Formica in view of Jayakody to be short fibers and/or long fibers as taught by LANG to have provided an improved material strand for a head harness that has a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
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Annotated Fig. 1 of Formica.
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of Jayakody in view of LANG further in view of WONG.
Regarding claim 47, Formica in view of Jayakody further in view of LANG discloses the invention as discussed in claim 39.
Formica in view of Jayakody further in view of LANG is silent on wherein the second material layer has at least one property which is different from a property of the first material layer.
However, WONG teaches an analogous first material layer (6002) and an analogous second material layer (6004) having at least one property which is different from a property of the first material layer (6002) (see Fig. 4A and [0110]-[0111]; the spacer fabric 6000 comprises a first fabric layer 6002 which is a first material layer and the spacer fabric 6000 comprises a second fabric layer 6004 which is a second material layer, and the first fabric layer 6002 may be hydrophilic, while the second fabric layer 6004 may be hygroscopic, and thus the second material layer has at least one different property from the first fabric layer 6002), providing a strap that is moisture wicking (see [0111]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second material layer (1581(2)) in the device of Formica in view of Jayakody further in view of LANG to have at least one property which is different from a property of the first material layer as taught by WONG to have provided an improved head harness that provides a strap that is moisture wicking (see [0111]).
Claim(s) 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of Jayakody in view of LANG further in view of Woodruff.
Regarding claim 21, Formica discloses a head harness for a patient interface (10) (see Fig. 1; the head harness is made up elements 20, 30, 40, 50, 60 as these elements are straps arranged over a user’s head for mask 10 which may be a patient interface), wherein the head harness is formed from at least one material strand which comprises a reinforcement region in at least some parts thereof (see Fig. 1; the head harness is formed of at least one material strand with a rigidizer, like as shown in Fig. 14I, and the rigidizer a reinforcement region, as the rigidizer is used to secure and anchor the head harness in position on the patient’s head and providing integrity to the structure, see [0089]-[0093], [0164], and Fig. 14I), the at least one material strand comprising a first material layer (1581(1)) and a second material layer (1581(2)) and an intermediate layer (1580+1582) arranged between the first material layer (1581(1)) and the second material layer (1581(2)) (see Fig. 14I and [0174]; the at least one material strand comprises a first layer of fabric 1581(1) positioned at the base and a second layer of fabric 1581(2) positioned at the very top, and in between the first layer of fabric 1581(1) and the second layer of fabric 1581(2) is foam 1582+rigidizer 1580 thus making up an intermediate layer), and wherein the intermediate layer (1580+1582) (i) comprises a foam layer (1582) (see Fig. 14I and [0174]; the intermediate layer comprises a foam layer 1582) and/or (ii) comprises at least one structure mat (see Fig. 14I and [0174] which discusses how the internal components, thus the intermediate layer, may also include 3D weaves, which is a structure mat as they 3D weaves provide a layer of support to the material strand).
Formica is silent on the foam layer comprising short fibers and/or long fibers in at least some parts thereof, and the at least one structure mat being configured as a warp-knitted fabric, loop-drawn knitted fabric or braid.
However, Jayakody teaches an analogous foam material which comprises fibers in at least some parts thereof (see Abstract, [0007], [0009], [0014], [0027]; any foam material and any fiber material may be used to form a foam-fiber composite material in which a foam material comprises fibers in at least some parts thereof as the fibers are disposed substantially throughout the foam structure), providing a fiber-reinforced foam material that has increased durability and utility (see [0002]), as the material exhibits improved tensile strength and tear strength (see [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam layer (1582) in the device of Formica to comprise fibers in at least some parts thereof as taught by Jayakody to have provided an improved material strand for a head harness that has a fiber-reinforced foam material that has increased durability and utility (see [0002]) as the material exhibits improved tensile strength and tear strength (see [0011]). Therefore, the combination of Formica in view of Jayakody results in the intermediate layer comprises a foam layer (1482 of Formica) which comprises fibers in at least some parts thereof.
Formica in view of Jayakody is silent on the fibers being short fibers and/or long fibers, and at least one structure mat which is configured as a warp-knitted fabric, loop-drawn knitted fabric or braid.
However, LANG teaches an analogous foam layer (3132) and analogous fibers (3136) (see Fig. 4a), wherein the fibers are short fibers and/or long fibers (see Fig. 4a and [0144]-[0145]; base layer 3132 is an analogous foam layer as it may be made from polyurethane foam and fiber layer 3136 are analogous fibers as the fiber layer is composed of a plurality of fibers, and the length of the fibers of the fiber layer 3136 may be between 0.1 mm and 5 mm, see [0167], which means they may be short fibers or long fibers, as applicant has indicated short fibers have a length from 0.1 mm to 1 mm and longer fibers have a length from 1 mm to 50 mm, see page 3 lines 21-24 of applicant’s specification), providing a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the fibers (fibers of Jayakody) in the device of Formica in view of Jayakody to be short fibers and/or long fibers as taught by LANG to have provided an improved material strand for a head harness that has a plurality of fibers that provide reinforcement to the foam layer as the fibers help strengthen the foam material.
Formica in view of Jayakody further in view of LANG is silent on the at least one structure mat which is configured as a warp-knitted fabric, loop-drawn knitted fabric or braid.
However, Woodruff teaches an analogous structure mat (26) (see Figs. 1-2; textile layer 26 is an analogous structure mat as it provides enhanced flexion while still providing enough stiffness/rigidity, see [0031]), and the at least one structure mat (26) configured as a warp-knitted fabric, loop-drawn knitted fabric or braid (see [0031] and Figs. 1-2; the textile layer 26 is a structure mat that may be configured as a braid), providing a more stable and enhanced force distribution across the material strand.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one structure mat in the device of Formica to be configured as a braid fabric as taught by Woodruff, as Formica already contemplates a 3D weave/knitted component as part of the intermediate layer, to have provided an improved head harness that provides a more stable and enhanced force distribution across the material strand.
Regarding claim 23, Formica in view of Jayakody in view of LANG further in view of Woodruff discloses the invention as discussed in claim 21. Formica in view of Woodruff further discloses wherein the intermediate layer comprises the at last one structure mat which is configured as the loop-drawn knitted fabric or braid (the intermediate layer of Formica may include 3D weaves, see [0174] of Formica, which has been modified to be a braid as taught by Woodruff, see [0031] of Woodruff; see claim 21).
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Formica in view of Jayakody in view of LANG in view of Woodruff further in view of LANG ‘519.
Regarding claim 35, Formica in view of Jayakody in view of LANG further in view of Woodruff discloses the invention as discussed in claim 23.
Formica in view of Jayakody in view of LANG further in view of Woodruff is silent on wherein the at least one structure mat is surrounding by the foam layer.
However, LANG ‘519 teaches an analogous head harness (1) (see Figs. 1a and 1b) and an analogous foam layer (M) and wherein the at least one structure mat (E) is surrounded by the foam layer (M) (see Figs. 1b, and 3, and [0043] and [0045]; the tensile stiff insert E is an analogous at least one structure mat as the tensile stiff insert E reinforces headband 1 and the tensile stiff insert E is surrounded by the foam material M, as seen in Fig. 3, as the tensile stiff insert E is embedded in the foam material M), providing a sturdier and stronger connection between the foam layer and structure mat.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one structure mat in the device of Formica in view of Jayakody in view of LANG further in view of Woodruff to be surrounded by the foam layer as taught by the foam layer M of LANG ‘519 to have provided an improved material strand for a head harness that provides a sturdier and thus stronger connection between the foam layer and structure mat.
Conclusion
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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