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
The amendment filed 03/16/2026 has been entered. Claims 1 and 3-20 remain pending in the application.
Response to Arguments
Applicant's arguments filed 03/16/2026 (“Remarks”) have been fully considered but they are not fully persuasive.
The argument that applicant’s configuration of the oxygen port, the inlet valve, and the outlet valve arranged in a substantially linear shape along the elongated shape of the valve plate is not simply a design choice has been considered, and is persuasive. This portion of the rejection has been withdrawn. However, the change in shape of Contino’s mask as taught by Strawder has been maintained, since Strawder provides motivation for the change in shape beyond a simple design choice. Additionally, Antonini provides motivation for arranging the claimed structures in a substantially linear shape, as detailed in the update rejection below, which now includes elastic straps, as taught by Antonini.
The argument that Antonini does not disclose the claimed structures arranged in a substantially linear shape in the longitudinal direction of the valve plate has been considered, but is not persuasive, since Antonini is not relied upon to teach the arrangement of the oxygen port, the inlet valve, and the outlet valve along the longitudinal direction; the combination with Contino and Strawder teaches a longitudinally elongated mask, while Antonini teaches the linear arrangement of the claimed structures.
Please see below for the updated rejection including the amended claim language.
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.
Claims 1-3, 10, 11, 13-16, and 19-20 are rejected under 35 U.S.C. 103 as unpatentable over Contino et al. (US 5408995), hereafter Contino, in view of Strawder et al. (US 2003/0127102), hereafter Strawder, further in view of Antonini (US 2016/0213956 A1), hereafter Antonini.
Regarding Claim 1, Contino discloses a passenger oxygen mask for use in an aircraft (fig. 2, abstract), comprising: a face piece defining a breathing space (fig. 5, face piece 21 col. 3 line 23) and having a proximal end (see annotated fig.), which is to be placed on the face of a user (col. 5 lines 5-6), and an opposite distal end (see annotated fig.); a valve plate arranged at the distal end of the face piece (fig. 5 valve plate assembly 30, col. 3 line 66) and equipped with: an oxygen port (fig. 5, holes 33, 34, col. 4 lines 14-17) for an inflow of oxygen from an oxygen source into the breathing space (fig. 5, oxygen bag outlet 25 connects to 33, 34 with retainer 40, col. 4 lines 18-24), an inlet valve for an inflow of ambient air into the breathing space (best seen in fig. 9, ambient inhalation valve 54, col. 4 line 35), and an outlet valve for an outflow of air out the breathing space (figs. 5 and 9, exhalation valve 52, col. 4 line 35); wherein the oxygen port, the inlet valve, and the outlet valve are arranged along the valve plate (fig. 6, the oxygen inlet port holes 33, 34, inlet valve 35, and exhalation valve 52 are arranged on the valve plate assembly 33).
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Contino is silent on an elastic band; wherein the elastic band extends from the valve plate in the transverse direction; as well as silent on the valve plate has an elongated shape, having a longitudinal dimension in a longitudinal direction (L) and a transverse dimension, which is smaller than the longitudinal dimension, in a transverse direction (T); wherein the oxygen port, the inlet valve, and the outlet valve are arranged in a substantially linear configuration in the longitudinal direction (L) along the elongated shape of the valve plate; and wherein the proximal end of the face piece has an elongated shape having a proximal longitudinal dimension (aP) in the longitudinal direction (L) and a proximal transverse dimension (bP), which is smaller than the proximal longitudinal dimension (aP), in the transverse direction (T), since the shape of the mask is depicted as circular.
Strawder teaches that an oxygen mask ([0003]) body shape may be varied to best fit a person ([0007] and figs. 1-6, mask shapes are substantially round in figs. 1-3 [0011], triangular in fig. 4 [0034], elongated oval in fig. 5 [0035], and diamond shaped in fig. 6, [0036]). In particular, the oval shape in fig. 5 has an elongated face piece (48 [0035]) with an elongated, relatively flat front plate (46 [0035]), which has a longitudinal dimension that is smaller than a transverse dimension, and the face piece has a proximal end with a longitudinal dimension that is smaller than its transverse dimension (see annotated figure).
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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 shape of Contino’s mask body and valve plate to be elongated as taught by Strawder’s fig. 5 mask for the benefit of having a mask that best fits a person’s face shape (Strawder [0007]). Elongating the shape of Contino’s mask, as taught by the shape of Strawder’s mask in fig. 5, would result in a mask which has a valve plate has an elongated shape (since valve plate assembly 35 matches the shape of the mask body at the distal end, figs. 2 and 6), having a longitudinal dimension in a longitudinal direction (L) and a transverse dimension, which is smaller than the longitudinal dimension in a transverse direction (T); (the oval shape results in a transverse dimension of the valve plate being smaller than the longitudinal dimension); and wherein the proximal end of the face piece has an elongated shape having a proximal longitudinal dimension (aP) in the longitudinal direction (L) and a proximal transverse dimension (bP), which is smaller than the proximal longitudinal dimension (aP), in the transverse direction (T) (the face piece being oval would have a shorter transverse dimension than longitudinal dimension).
Further, it has been held that changes in shape are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that a particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP 2144.04(IV)(B)). Applicant states that the shape of the device may be more intuitively placed over the mouth and nose of a user, reducing the risk of a person placing the round shaped mask over only the mouth or nose ([0006]). However, Strawder demonstrates that an oval shape was known in the art at the time of the invention as a variation to a circular shape to accommodate different face shapes (Strawder [0035]). Thus, the change in shape to an elongated shape for the same reasons as the applicant was known in the art, as demonstrated by Strawder.
The modified mask body remains silent on the oxygen port, the inlet valve, and the outlet valve are arranged in a substantially linear configuration in the longitudinal direction (L) along the elongated shape of the valve plate, as well as the elastic band; wherein the elastic band extends from the valve plate in the transverse direction.
Antonini teaches an oxygen port, the inlet valve, and the outlet valve are arranged in a substantially linear configuration along the elongated shape of the valve plate (fig. 3A, inhalation valve 3, exhalation valve 4, and breathing bag connection 5 [0028]). This arrangement is positioned on an elongated valve plate (fig. 3A, carrier plate 13 [0028]) having foldable sections, which allows the mask to fold into a significantly smaller packing measure ([0033]) which requires minimal stowage space in the aircraft ([0006]). Antonini also teaches an elastic band (fig. 6C, rubber band 18 [0032]); wherein the elastic band extends from the valve plate in the transverse direction (fig. 6C, first end 19 attaches to one side of the first plate section 15, and the second end 20 attaches to another end of second plate section 16 [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the modified Contino mask’s oxygen port, the inlet valve, and the outlet valve are arranged in a substantially linear shape, as taught by Antonini, in the longitudinal direction (L) along the elongated shape of the valve plate, since the elongated shape in the transverse direction has been taught above by the modified Contino and Strawder (Contino’s mask having the longitudinally elongated shape in Strawder’s fig. 5) in order to fold the mask along its carrier plate so that the stowage space for the mask is minimized. It further would have been obvious to include an elastic strap extending from the valve plate in the transverse direction as taught by Antonini for the benefit of fixing the oxygen mask to the user’s head (Antonini [0032]).
Regarding Claim 3, the modified Contino discloses a passenger oxygen mask according to claim 1, wherein the proximal longitudinal dimension (aP) of the face piece (the tapered sides of Contino’s face piece 21 have a larger dimension at the proximal end, see annotated fig. 5) is larger than the longitudinal dimension of the valve plate (see annotated Contino fig. 5, the inner and outer plates 31, 32 of valve plate assembly 30 are smaller than the proximal dimension of the face piece 21) and/or wherein the proximal transverse dimension of the face piece is larger than the transverse dimension of the valve plate (since Contino’s face piece 21 is tapered in all dimensions of the body, it would be reasonable to maintain the tapered body when modifying the shape from round to oval, thus the transverse dimension of the proximal face piece would be larger than the transverse dimension of the valve plate).
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Regarding Claim 10, the modified Contino discloses a passenger oxygen mask according to claim 1, wherein the proximal end of the face piece has a substantially oval shape (as modified, Contino’s mask shape was changed from round to oval as taught by Strawder fig. 5).
Regarding Claim 11, the modified Contino discloses a passenger oxygen mask according to claim 1, wherein the face piece comprises curved portions, each curved portion extending between a longitudinal side portion and a transverse side portion of the face piece respectively, (in the modified Contino, the shape taken by Contino’s mask is the shape taught by Strawder’s fig. 5, which is an oval; see annotated fig. below for the curved portions extending between each of the longitudinal sides and the transverse sides).
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However, neither Contino nor Strawder disclose dimensions of the mask or the curved portions in particular have a curvature radius (R) in the range of between 30 mm and 50 mm, more particularly a curvature radius (R) in the range of between 35 mm and 45 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dimension the curved portions of the elongated face piece of Contino modified by Strawder to have a curvature radius in the range between 35-45mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the corners between the longitudinal sides and the transverse sides of the face piece of the modified Contino would still be curved. Further, applicant places no criticality on the range claimed, indicating simply that the dimensions of the curvature radius are suggested to avoid sharp edges at the corners of the face piece (specification [0030-0031]).
Regarding Claim 13, the modified Contino discloses a passenger oxygen mask according to claim 1, further comprising a flexible oxygen bag fluidly coupled to the oxygen port (Contino fig. 2, oxygen reservoir bag 22 is fluidly coupled to the mask body 21 and delivery tube 23, col. 3 lines 22-24).
Regarding Claim 14, the modified Contino discloses an aircraft emergency oxygen system (abstract), comprising: an oxygen source (col. 5 lines 8-9, the mask is connected to an oxygen supply system), and at least one passenger oxygen mask according to claim 1 (please refer to the claim 1 rejection above), wherein the oxygen port of the at least one passenger oxygen mask (fig. 5, oxygen bag outlet 25 connects to 33, 34 with retainer 40, col. 4 lines 18-24) is fluidly coupled to the oxygen source, wherein the oxygen source is in particular configured for continuously supplying oxygen to the at least one passenger oxygen mask (col. 3 lines 1-2, the flow is continuous).
Regarding Claim 15, the modified Contino discloses an aircraft comprising passenger the oxygen mask according to claim 1 (col. 1 lines 6-9, the disclosed mask is for use on an aircraft).
Regarding Claim 16, the modified Contino discloses an aircraft comprising the emergency oxygen system according to claim 14 (col. 3 lines 55, the device is stored on an aircraft).
Regarding Claim 19, the modified Contino discloses a passenger mask according to claim 1, but is silent on wherein the elongated shape is a rectangular shape.
However, it has been held that a change is shape is an obvious matter of design choice. See MPEP 2144.04(IV)(B) In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant).
Therefore, it would have been obvious to one of ordinary skill in the art to further modify the elongated shape of Contino’s mask from the elongated shape taught by Strawder to a rectangular shape as an obvious matter of design choice, as applicant does not appear to have placed criticality on the shape of the valve plate (see original specification [0065]).
Regarding Claim 20, the modified Contino discloses a passenger oxygen mask of claim 1, but is silent on wherein the passenger oxygen mask is configured to be disposed in a storage configuration in which at least a portion of the face piece is foldable into the valve plate such that the passenger oxygen mask, in response to being disposed in the storage configuration, has a similar dimension of the valve plate.
Antonini teaches an oxygen mask for emergency oxygen supply in an aircraft having an inlet valve, an outlet valve, and an oxygen port arranged in a substantially linear configuration on an elongated mask (figs. 3A and 6B, 3, 4, and 5 respectively, [0028]). The mask body (fig. 6B, 6’ [0032]) is flexible in order to fold into the mask plate (fig. 3A, carrier plate 13 [0032]) in order to be packed into a compact size to minimize the stowage size of the mask ([0006]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Contino’s mask body to be flexible and foldable such that once packed, the oxygen mask has the same size as the valve plate, as taught by Antonini, in order to minimize the stowage space of the passenger oxygen mask (Antonini [0006]).
Claims 4-9, and 12 are rejected under 35 U.S.C. 103 as unpatentable over Contino, Strawder, and Antonini, further in view of Foley et al. (US 5645049), hereafter Foley.
Regarding Claim 4, the modified Contino discloses a passenger oxygen mask according to claim 1, but is silent on the specific dimensions of the face piece longitudinal and transverse dimensions.
Foley teaches a face mask (fig. 1, col. 3 line 9) wherein the proximal longitudinal dimension (aP) of the face piece is in the range of between 80 mm and 120 mm (col. 5 lines 25-28, the mask is for use in small children and is approximately just over 3 inches, or approximately 80mm at the rear open edge 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dimension the proximal longitudinal dimension of the face piece to be 80 mm as taught by Foley to accommodate the smaller faces of children.
Regarding Claim 5, the modified Contino discloses a passenger oxygen mask according to claim 1, but is silent on the dimensions of the valve plate.
Foley teaches a face mask (fig. 1 col. 3 line 9) wherein the longitudinal dimension of the valve plate is in the range of between 40 mm and 80 mm (col. 5 lines 28-29, the inner dimension of the ring 22 at the distal end of the mask, analogous to the location of the valve plate, has a dimension of 1.4 inches plus a wall thickness of 0.08 inches, which is approximately 40 mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dimension the longitudinal dimension of the valve plate to be 40mm as taught by Foley in order to accommodate the smaller face size of children (Foley col. 5 lines 25-26).
Regarding Claim 6, the modified Contino discloses a passenger oxygen mask according to claim 1, but is silent on the dimension of the face piece from its proximal end to its distal end.
Foley teaches a face mask wherein the face piece has a distance (H) between its distal end and its proximal end in the range of between 30 mm and 70 mm (mask, fig. 1, is 2 inches from the rear edge 30 to the front of ring 22, which is approximately 50mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dimension the face piece height to be 50mm as taught by Foley in order to accommodate the face size of children (Foley, col. 5 lines 25-26).
Regarding Claim 7, the modified Contino discloses a passenger oxygen mask according to claim 1, wherein the face piece comprises a distal portion protruding from the valve plate and a proximal portion extending from a proximal end of the distal portion towards the proximal end of the face piece (see annotated figure), but is silent on wherein the proximal portion of the face piece has a larger opening angle (aP) than the distal portion.
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However, Foley teaches a mask body shape which has a proximal portion of the face mask worn nearest to the face (fig. 1, 30, col. 5 lines 27-28) with a second downstream portion 28 having a greater taper than the first frustoconical portion 26 with a shallower taper (fig. 1, col. 3 lines 9-12).
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 tapered sides of the modified Contino to make a proximal portion of the face piece have a larger opening angle than a distal portion as taught by Foley, as this was a known mask shape in the art.
Regarding Claim 8, the modified Contino discloses a passenger oxygen mask according to claim 7, but is silent on wherein the distal portion of the face piece has a distance (HD) between its proximal end and the distal end of the face piece in the range of between 10 mm and 30 mm, in particular in the range of between 15 mm and 25 mm, more particularly in the range of between 19 mm and 21 mm.
As discussed in claim 6, Foley teaches the dimension of a face mask from a proximal end to a distal end being approximately 50mm. Though prior art drawings are not interpreted as depicting scale, unless specified, the description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art (MPEP 2125). It appears that the proximal and distal portions of the face piece (fig. 1, 28 and 24, respectively) are approximately the same depth, which would be roughly 25 mm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the dimensions of the distal portion of the face mask to be approximately 25mm as taught by Foley, as the sizing of the mask is appropriate to fit children (col. 5, lines 25-26).
In the event that is it not obvious that Foley teaches dimensions of the distal portion of the face piece is within the claimed range(s), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the distal portion of the face piece in the modified device to have be in a range of 19-21 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the mask of the modified Contino would still fit the face of a user. Further, applicant places no criticality on the range claimed, indicating simply that the dimensions of the distal portion (HD) are preferred (original specification [0095]).
Regarding Claim 9, the modified Contino discloses a passenger oxygen mask according to claim 7, but is silent on wherein the proximal end of the distal portion of the face piece has a transverse dimension (D) in the range of between 30 mm and 50 mm, in particular in the range of between 35 mm and 45 mm, more particularly a transverse dimension (D) in the range of between 39 mm and 41 mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dimension the transverse dimension (D) of the proximal end of the distal portion of the face piece in the modified device to be in a range of 39 mm and 41 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the mask of the modified Contino would still fit the face of a user. Further, applicant places no criticality on the range claimed, indicating simply that the dimensions of the distal portion (D) are preferred (original specification [0100]).
Regarding Claim 12, the modified Contino discloses a passenger oxygen mask according to claim 1, but is silent on wherein the face piece comprises at least one bulge portion extending from a transverse side portion at the proximal end (24b) of the face piece, wherein the bulge portion in particular has a longitudinal extension (da) in the range of between 3 mm and 15 mm, more particularly in the range of between 5 mm and 10 mm, in the longitudinal direction (L), and/or a transverse extension (db) in the range of between 10 mm and 30 mm, more particularly in the range of between 20 mm and 25 mm, in the transverse direction (T).
Foley teaches a mask with at least one bulge portion on a face piece of a mask (fig. 2, nosepiece 32, col. 5 line 21) which accommodates the nose of the wearer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include at least one bulge portion extending from a transverse side portion (i.e., the top edge of the mask, which in the modified Contino, would still be at the top of the elongated oval shape of the mask) to accommodate the nose of the wearer.
The modified device remains silent on the dimensions of the bulge portion.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dimension the bulge portion in the modified device to have a longitudinal extension in the range of 5-10mm and a transverse extension in the range of 20-25mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the mask of the modified Contino would still fit the face of a user. Further, applicant places no criticality on the range claimed, indicating simply that the dimensions of the distal portion (D) are preferred (original specification [0032] and [0034]).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as unpatentable over Contino, Strawder, and Antonini, further in view of McKesson (US 1632449).
Regarding Claim 17, the modified Contino discloses a passenger oxygen mask according to claim 1, but is silent on wherein the face piece comprises at least two bulge portions, a first of the bulge portions extending from a first transverse side portion at the proximal end of the face piece, a second of the bulge portions extending from a second transverse side portion at the proximal end of the face piece, the first transverse side portion opposite the second transverse side portion.
McKesson teaches a face piece having two bulge portions (see annotated fig. 3 below), the first bulge extending from a first transverse side portion at the proximal end of the face piece (see annotated figure below), and the second of the bulge portions extending from a second transverse side portion at the proximal end of the face piece (see annotated figure below; the proximal end of the face piece interpreted to be the end of the face piece that is closest to the face of the wearer), the first transverse side portion opposite the second transverse side portion (see annotated figure).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the shape of Contino’s face piece (elongated as taught by Strawder in claim 1) to include two bulge portions, positioned as taught by McKesson, in order to best fit the face of the wearer, ensuring that the edge of the face piece comes into sealing contact with the wearer’s face (McKesson page 2, col. 1 lines 10-18).
Regarding Claim 18, the modified Contino discloses a passenger oxygen mask according to claim 17, but does not explicitly disclose wherein each of the bulge portions has a longitudinal extension in the range of between 3 mm and 15 mm in the longitudinal direction, and a transverse extension in the range of between 10 mm and 30 mm in the transverse direction.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dimension the bulge portions in the modified device to have a longitudinal extension in the range of 3-15mm and a transverse extension in the range of 10-30mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the mask of the modified Contino would still fit the face of a user. Further, applicant places no criticality on the range claimed, indicating simply that the dimensions of the distal portion (D) are preferred (original specification [0090-0091]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4098271 fig. 1 shows a valve plate having straps attached to the plate in a transverse direction
US 2016/0303405 fig. 2B shows an oxygen mask having straps attached to a valve plate extending in a transverse direction.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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