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 .
Status of Claims
This Office Action is in response to the remarks and amendments filed on October 31st, 2025. Claims 4-12, 14 and 15 have been canceled and claims 16 and 17 have been added as such claims 1-3, 13, 16, and 17 are pending consideration in this Office Action.
Response to Amendments
The objections to the claims are withdrawn in light of the amendments.
The rejections pursuant to 112(b) with respect to claims 8 and 13 are withdrawn in light of the amendments.
Claim Objections
Claims 1, 3, 13, and 17 are objected to because of the following informalities:
Claim 1, page 2, lines 6-8 , it is recommended to change “the first side and the second side having ends having matching end shapes” to “the first side configured to have an end shape of a first end and the second side configured to have an end shape of a second end, wherein the first end and second end are configured to have matching end shapes”
Claim 1, page 2, line 14, “at pair of adjustment units” should read “a pair of adjustment units”
Claim 1, page 3, line 9, “the protrusions” should read “the protrusion”
Claim 3, line 2, “the plurality of recesses includes three recess” should read “the plurality of recesses includes three recesses”
Claim 13, page 4, lines 7-9, it is recommended to change “the first side and the second side having ends having matching end shapes” to “the first side configured to have an end shape of a first end and the second side configured to have an end shape of a second end, wherein the first end and second end are configured to have matching end shapes”
Claim 13, page 4, line 14, “at pair of adjustment units” should read “a pair of adjustment units”
Claim 13, page 5, line 12, “the protrusions” should read “the protrusion”
Claim 17, line 2, “the plurality of recesses includes three recess” should read “the plurality of recesses includes three recesses”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Amended claim 2 recites “the protrusion has a rectangular shape with a longest axis being perpendicular to a longitudinal axis of the first adjustment member, wherein the plurality of recesses each have a rectangular shape with a longest axis being perpendicular to a longitudinal axis of the second adjustment member”. While the specification does state that the protrusion and recesses may have a rectangular shape ([93] and [96], see spec filed on 09/26/2022), there is no mention in the specification or the drawings of a longest axis being perpendicular to a longitudinal axis.
Newly added claim 16 is also rejected for similar reasons to claim 2 above.
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 2 and 16 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.
Regarding claim 2 and 16, it is unclear what dimension is being correlated to the “longest axis of the rectangular shaped protrusion/recesses being perpendicular to a longitudinal axis of the first/second adjustment member” . For instance, it is unclear if the longest axis is referring to the length of the rectangular shape is being perpendicular to a longitudinal (vertical) axis of the adjustment members or the height of the rectangle shape is perpendicular to a longitudinal (length/central) axis that runs through the length of the adjustment members. The limitation of “the longest axis being perpendicular to the longitudinal axis” is not defined by the claim, the specification and drawings does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, claims 2 and 16 are broadly being interpreted as the protrusion and plurality of recesses are perpendicular to the adjustment members
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, 13, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of Kooij (US 20190022343) in view of a second embodiment of Kooij (US 20190022343).
Regarding claim 1, Kooij discloses
a tubing assembly for use with a patient interface device in delivering a flow of breathing gas to an airway of a user (see figs. 6-8; a patient interface 3000 with tubes 3350 to deliver pressurized air to the patient’s airways; [0152]), the tubing assembly comprising:
a manifold portion structured to be disposed generally atop the user's head and adapted to be coupled to a conduit carrying the flow of breathing gas (see fig. 1a and 7C, connection port 3600 (manifold portion) is placed on top of the patient’s head that is connectable in use to the air circuit 4170; [0157] and [0162]-[0164]),
wherein the manifold portion defines an interior cavity (see fig. 7C; the tubes 3350 are fluidly connected to the connection port 3600, [0157]; therefore, it is inherent that the connection port 3600 has an interior cavity in order to deliver air), and
wherein the manifold includes a firsts side and a second side generally opposite the second side, the first side and the second side having ends having matching end shapes (see fig. 7C below; connection port 3600 appears symmetrical, the right side and left side are opposite of each other and have matching ends);
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a plurality of tubular portions, each tubular portion disposed on opposing sides of the manifold (see fig. 7C, two tubes 3350 are disposed on opposing sides of the connection port 3360; two tubes 3350 are fluidly connected to the connection port 3600, [0157]) and configured to extend from the manifold portion to a distal end that is structured to be coupled to the patient interface device (see figs. 6 and 7C; “tubes 3350 extend from a connection port 3600 to tube ends 3352 which are configured to connect to a cushion assembly 3150 of the patient interface 3000”; [0210]), each tubular portion being structured to communicate the flow of breathing gas from the cavity in the manifold portion to the patient interface device (the tubes 3350 are fluidly connected to the connection port 3600 to deliver pressurized air from air circuit 4170; [0157] and [0162]-[0164]); and
at pair of adjustment units configured to adjust a length of a corresponding tubular portion from the plurality of tubular portions (see figs. 6-8; the headgear comprises two adjustment mechanism 3360 to telescopically adjust/moved the tube portions 3370, 3372 of the tubes 3350; [0214]),
a first one of the adjustment unit (see figs. 6-8; one of the adjustment mechanism 3360; [0214]) comprises:
a first adjustment member integral with or fixedly connected to the first side of the manifold portion (see fig. 7C; “first tube portion 3370 is connected to the connection port 3600”; [0215]; first tube portion 3370 is adjusted telescopically to second tube portion 3372; [0214]),
wherein the first adjustment member defines a gas flow cavity (see fig. 7C; tubes 3350 are fluidly connected to the connection port 3600 to allow delivery of air, [0157]; therefore, it is inherent that the tube portions 3370, 3372 of tubes 3350 have an interior cavity in order to deliver air) and has a cross-sectional shape (see fig. 7C (1) below, “cross-sectional shape of the tubes 3350 may be circular, elliptical, oval, D-shaped or a rounded rectangle”, [0165]; therefore, tubes 3350 which comprises tube portion 3370 can have a circular cross-sectional shape and fig. 7c shows an end of connection port having a circular shaped cross-section; therefore, they both have a circular cross-sectional area/matching cross-sectional shape),
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wherein a cross-sectional diameter of the first adjustment member is smaller than a cross-sectional diameter of the first side of the manifold portion such that a step is defined (see fig. 7C (1) above; first tube portion 3370 is smaller than connection port 3600 and creates a “step”) where the first adjustment member extends from the first side of the manifold potion (see fig. 7C (1) above; tubes 3350 extend from a connection port; [0210]),
a second adjustment member integral with or fixedly connected to the corresponding tubular portion (see fig. 7C, second tube portions 3372 is integral with/fixedly connected into tubes 3350),
wherein the second adjustment member defines a gas flow cavity (see fig. 7C; tubes 3350 are fluidly connected to the connection port 3600 to allow delivery of air, [0157]; therefore, it is inherent that the tube portions 3370, 3372 of tubes 3350 have an interior cavity in order to deliver air) and has a cross-sectional shape that matches the cross-sectional shape of the first adjustment member (see fig. 7C (1) above, “cross-sectional shape of the tubes 3350 may be circular, elliptical, oval, D-shaped or a rounded rectangle”, [0165]; tubes 3350 comprises tube portions 3370, 3372; therefore, they both have a circular cross-sectional area/matching cross-sectional shape),
wherein a cross-sectional diameter of the second adjustment member is larger the cross-sectional diameter of the first adjustment member (see fig. 7C; “a second tube portion 3372 that telescopically slides over the outer surface of the first tube portion 3370”; [0224]; therefore, it is inherent that the cross-sectional diameter of the second tube portion is larger than the cross-sectional diameter of the first tube portion),
wherein a portion of the first adjustment member is disposed within the second adjustment member and slides within the second adjustment member (see fig. 7C; “a second tube portion 3372 that telescopically slides over the outer surface of the first tube portion 3370”; [0224]), and
wherein a second step defined where the first adjustment member extends from the second adjustment member (see fig. 7C (1) above, shows second step where the first adjustment member extends from the second adjustment member),
Kooij does not disclose a protrusion is defined on exterior wall of an end of the first adjustment member, a plurality of recesses defined in an interior wall of the second adjustment member, wherein the protrusions and recesses are configured such that when the protrusion is received in a recess, and the first adjustment member is selectively and releasably locked in position relative to the second adjustment member.
However, a second embodiment of Kooij discloses
a first one of the adjustment unit (see figs. 6-8; one of the adjustment mechanism 3360; [0214]) comprises:
a first adjustment member (fig. 8; first tube portion 3370; [0216]) and a second adjustment member (fig. 8; second tube portion 3372; [0216]),
a protrusion is defined on exterior wall of an end of the first adjustment member (fig. 8; “first tube portion 3370 comprises one or more protrusions or detents (not shown)” where “the protrusions are provided on a surface of the first tube portions”; [0216]),
a plurality of recesses defined in an interior wall of the second adjustment member (fig. 8; “second tube can comprise one or more grooves, “it will be appreciated that the grooves may be provided on a surface of the second tube portion; [0216]),
wherein the protrusions and recesses are configured such that when the protrusion is received in a recess (“tube sections may be secured using interlocking mechanisms such as one or more grooves or holes that interlock with one or more protrusions or detents”; [0261]).
the first adjustment member is selectively and releasably locked in position relative to the second adjustment member (fig. 8; tube portions use a “rack mechanism to prevent/hinder movement of the telescopically moveable first and second tube portions relative to each other unless ratchet mechanism is released such as pushing button 3378 that operatively connects to a locking member (not shown) that interlocks with grooves or protrusions (e.g. ribs 3374) on second tube portion 3372 unless button 3378 is pushed down”; [0226]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grooves of the first tube portion and protrusion of the tongue and second tube portion of the first embodiment of Kooij with one or more protrusions on an exterior surface of the first tube portion, the plurality of grooves on an interior surface of the interior surface of the second tube portion, and ratchet mechanism as taught in the second embodiment of Kooij to yield the predictable results of selectively telescopically adjusting the tubes relative to each other to enable the patient interface to fit the patient correctly and comfortably (Kooij: [0194], [0216], and [0226]).
Regarding claim 2, the modified device of Kooij further discloses
the tubing assembly (first embodiment of Kooij: tubing assembly; second embodiment of Kooij: protrusion of first tube portion, grooves on second tube portion) of claim 1,
wherein the protrusion has a rectangular shape with a longest axis being perpendicular to a longitudinal axis of the first adjustment member (second embodiment; see fig.8, where raised ribs 3374 are perpendicular to the second tube portion; the protrusion interlocks with the plurality of grooves, [0216] and [0226]; therefore, a protrusion positioned like the raised ribs on the surface of the first tube portion is perpendicular to the first tube portion), and
wherein the plurality of recesses each have a rectangular shape with a longest axis being perpendicular to a longitudinal axis of the second adjustment member (second embodiment; see fig.8, where raised ribs 3374 are perpendicular to the second tube portion; the protrusion interlocks with the groove, [0216] and [0226]; while the grooves are not shown it would have been readily understood that a groove which interlocks with the protrusion would be similarly shaped/positioned to the protrusion (see fig. 7c of first embodiment which shows similarly shaped interlocking); therefore, the groove would also be positioned perpendicular to the second tube portion), and
wherein the rectangular shape of the protrusion corresponds to the rectangular shape of the plurality of recesses (second embodiment: the protrusion interlocks with the plurality of grooves, [0216] and [0226]; see fig. 7C of first embodiment, which shows an example of a protrusion corresponding to a plurality of grooves).
While Kooij is silent as to the protrusion and plurality of recesses being a rectangular shape, 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 the grooves and protrusions to be a rectangular shape as changes in shape are considered a matter of choice which a person of ordinary skill in the art would have found obvious (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP 2144.04 IV B. Change in Shape). In the instant case, the modified device of Kooij would not operate differently with the claimed rectangular shaped and since the protrusion and grooves of the device would function appropriately having the claimed rectangular shape. Further, applicant places no criticality on the shape claimed, indicating simply that the shape of the protrusion and recesses “may” be rectangular (see [93] and [96] of applicant’s specification).
Regarding claim 3, the modified device of Kooij further discloses
the tubing assembly (first embodiment of Kooij: tubing assembly; second embodiment of Kooij: protrusion of first tube portion, grooves on second tube portion) of claim 1,
wherein the plurality of recesses includes three recess such that the length of the tubular portion is adjustable to three discrete lengths based on which recess in which the protrusion is located (first embodiment: see fig. 7c which shows example of a plurality of grooves including 3 grooves for a protrusion; second embodiment: see fig. 8 which shows multiple radial ribs; one or more grooves that interlocks with the protrusion; [0216]; “where a discrete number of relative positions of first and second tube sections is provided for by the telescopic adjustment mechanism it will be appreciated that a higher number of positions allows for more adjustment positions and promotes a better fit for patients. In some embodiments, 3, 4, 5, 6 or more adjustment positions are provided”; [0238]).
Regarding claim 13, Kooij discloses
a respiratory interface system for use in delivering a flow of breathing gas to an airway of a user, the respiratory interface system (see figs. 6-8; system of a patient interface 3000 with tubes 3350 to deliver pressurized air to the patient’s airways; [0152]) comprising:
a patient interface device structured to sealingly engage the airway of the user (fig. 4a-4e; patient interface 3000 with seal-forming structure 3100, 3150 to engage the patient’s nose/airways; [0152], [0172], and [0181]); and
a tubing assembly (figs. 6-8; headgear using tubes 3350 to deliver pressurized air to the patient’s airways; [0152]) comprising:
a manifold portion structured to be disposed generally atop the user's head and adapted to be coupled to a conduit carrying the flow of breathing gas (see fig. 1a and 7C, connection port 3600 (manifold portion) is placed on top of the patient’s head that is connectable in use to the air circuit 4170; [0157] and [0162]-[0164]),
wherein the manifold portion defines an interior cavity (see fig. 7C; the tubes 3350 are fluidly connected to the connection port 3600, [0157]; therefore, it is inherent that the connection port 3600 has an interior cavity in order to deliver air), and
wherein the manifold includes a firsts side and a second side generally opposite the second side, the first side and the second side having ends having matching end shapes (see fig. 7C below; connection port 3600 appears symmetrical, the right side and left side are opposite of each other and have matching ends);
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a plurality of tubular portions, each tubular portion disposed on opposing sides of the manifold (see fig. 7C, two tubes 3350 are disposed on opposing sides of the connection port 3360; two tubes 3350 are fluidly connected to the connection port 3600, [0157]) and extending from the manifold portion to a distal end that is structured to be coupled to the patient interface device (see figs. 6 and 7C; “tubes 3350 extend from a connection port 3600 to tube ends 3352 which are configured to connect to a cushion assembly 3150 of the patient interface 3000”; [0210]), each tubular portion being structured to communicate the flow of breathing gas from the cavity in the manifold portion to the patient interface device (the tubes 3350 are fluidly connected to the connection port 3600 to deliver pressurized air from air circuit 4170; [0157] and [0162]-[0164]); and
at pair of adjustment units configured to adjust a length of a corresponding tubular portion from the plurality of tubular portions (see figs. 6-8; the headgear comprises two adjustment mechanism 3360 to telescopically adjust/moved the tube portions 3370, 3372 of the tubes 3350; [0214]),
a first one of the adjustment unit (see figs. 6-8; one of the adjustment mechanism 3360; [0214]) comprises:
a first adjustment member integral with or fixedly connected to the first side of the manifold portion (see fig. 7C; “first tube portion 3370 is connected to the connection port 3600”; [0215]; first tube portion 3370 is adjusted telescopically to second tube portion 3372; [0214]),
wherein the first adjustment member defines a gas flow cavity (see fig. 7C; tubes 3350 are fluidly connected to the connection port 3600 to allow delivery of air, [0157]; therefore, it is inherent that the tube portions 3370, 3372 of tubes 3350 have an interior cavity in order to deliver air) and has a cross-sectional shape that matches the end shape of the first end (see fig. 7C (1) below, “cross-sectional shape of the tubes 3350 may be circular, elliptical, oval, D-shaped or a rounded rectangle”, [0165]; therefore, tubes 3350 which comprises tube portion 3370 can have a circular cross-sectional shape and fig. 7c shows an end of connection port having a circular shaped cross-section; therefore, they both have a circular cross-sectional area/matching cross-sectional shape),
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wherein a cross-sectional diameter of the first adjustment member is smaller than a cross-sectional diameter of the first side of the manifold portion such that a step is defined (see fig. 7C (1) above; first tube portion 3370 is smaller than connection port 3600) where the first adjustment member extends from the first side of the manifold potion (see fig. 7C (1) above; tubes 3350 extend from a connection port; [0210]),
a second adjustment member integral with or fixedly connected to the corresponding tubular portion (see fig. 7C, second tube portions 3372 is integral with/fixedly connected into tubes 3350),
wherein the second adjustment member defines a gas flow cavity (see fig. 7C; tubes 3350 are fluidly connected to the connection port 3600 to allow delivery of air, [0157]; therefore, it is inherent that the tube portions 3370, 3372 of tubes 3350 have an interior cavity in order to deliver air) and has a cross-sectional shape that matches the cross-sectional shape of the first adjustment member (see fig. 7C (1) above, “cross-sectional shape of the tubes 3350 may be circular, elliptical, oval, D-shaped or a rounded rectangle”, [0165]; tubes 3350 comprises tube portions 3370, 3372; therefore, they both have a circular cross-sectional area/matching cross-sectional shape),
wherein a cross-sectional diameter of the second adjustment member is larger the cross-sectional diameter of the first adjustment member (see fig. 7C; “a second tube portion 3372 that telescopically slides over the outer surface of the first tube portion 3370”; [0224]; therefore, it is inherent that the cross-sectional diameter of the second tube portion is larger than the cross-sectional diameter of the first tube portion),
wherein a portion of the first adjustment member is disposed within the second adjustment member and slides within the second adjustment member (see fig. 7C; “a second tube portion 3372 that telescopically slides over the outer surface of the first tube portion 3370”; [0224]), and
wherein a second step defined where the first adjustment member extends from the second adjustment member (see fig. 7C (1) above, shows second step where the first adjustment member extends from the second adjustment member),
Kooij does not disclose a protrusion is defined on exterior wall of an end of the first adjustment member, a plurality of recesses defined in an interior wall of the second adjustment member, wherein the protrusions and recesses are configured such that when the protrusion is received in a recess, and the first adjustment member is selectively and releasably locked in position relative to the second adjustment member.
However, a second embodiment of Kooij discloses
a first one of the adjustment unit (see figs. 6-8; one of the adjustment mechanism 3360; [0214]) comprises:
a first adjustment member (fig. 8; first tube portion 3370; [0216]) and a second adjustment member (fig. 8; second tube portion 3372; [0216]),
a protrusion is defined on exterior wall of an end of the first adjustment member (fig. 8; “first tube portion 3370 comprises one or more protrusions or detents (not shown)” where “the protrusions are provided on a surface of the first tube portions”; [0216]),
a plurality of recesses defined in an interior wall of the second adjustment member (fig. 8; “second tube can comprise one or more grooves, “it will be appreciated that the grooves may be provided on a surface of the second tube portion; [0216]),
wherein the protrusions and recesses are configured such that when the protrusion is received in a recess (“tube sections may be secured using interlocking mechanisms such as one or more grooves or holes that interlock with one or more protrusions or detents”; [0261]).
the first adjustment member is selectively and releasably locked in position relative to the second adjustment member (fig. 8; tube portions use a “rack mechanism to prevent/hinder movement of the telescopically moveable first and second tube portions relative to each other unless ratchet mechanism is released such as pushing button 3378 that operatively connects to a locking member (not shown) that interlocks with grooves or protrusions (e.g. ribs 3374) on second tube portion 3372 unless button 3378 is pushed down”; [0226]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grooves of the first tube portion and protrusion of the tongue and second tube portion of the first embodiment of Kooij with one or more protrusions on an exterior surface of the first tube portion, the plurality of grooves on an interior surface of the interior surface of the second tube portion, and ratchet mechanism as taught in the second embodiment of Kooij to yield the predictable results of selectively telescopically adjusting the tubes relative to each other to enable the patient interface to fit the patient correctly and comfortably (Kooij: [0194], [0216], and [0226]).
Regarding claim 16, the modified device of Kooij further discloses
the respiratory interface system (first embodiment of Kooij: respiratory system for patient interface; second embodiment of Kooij: protrusion of first tube portion, grooves on second tube portion) of claim 13,
Regarding claim 2, the modified device of Kooij further discloses
the tubing assembly (first embodiment of Kooij: tubing assembly; second embodiment of Kooij: protrusion of first tube portion, grooves on second tube portion) of claim 1,
wherein the protrusion has a rectangular shape with a longest axis being perpendicular to a longitudinal axis of the first adjustment member (second embodiment; see fig.8, where raised ribs 3374 are perpendicular to the second tube portion; the protrusion interlocks with the plurality of grooves, [0216] and [0226]; therefore, a protrusion positioned like the raised ribs on the surface of the first tube portion is perpendicular to the first tube portion), and
wherein the plurality of recesses each have a rectangular shape with a longest axis being perpendicular to a longitudinal axis of the second adjustment member (second embodiment; see fig.8, where raised ribs 3374 are perpendicular to the second tube portion; the protrusion interlocks with the groove, [0216] and [0226]; while the grooves are not shown it would have been readily understood that a groove which interlocks with the protrusion would be similarly shaped/positioned to the protrusion (see fig. 7c of first embodiment which shows similarly shaped interlocking); therefore, the groove would also be positioned perpendicular to the second tube portion), and
wherein the rectangular shape of the protrusion corresponds to the rectangular shape of the plurality of recesses (second embodiment: the protrusion interlocks with the plurality of grooves, [0216] and [0226]; see fig. 7C of first embodiment, which shows an example of a protrusion corresponding to a plurality of grooves).
While Kooij is silent as to the protrusion and plurality of recesses being a rectangular shape, 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 the grooves and protrusions to be a rectangular shape as changes in shape are considered a matter of choice which a person of ordinary skill in the art would have found obvious (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP 2144.04 IV B. Change in Shape). In the instant case, the modified device of Kooij would not operate differently with the claimed rectangular shaped and since the protrusion and grooves of the device would function appropriately having the claimed rectangular shape. Further, applicant places no criticality on the shape claimed, indicating simply that the shape of the protrusion and recesses “may” be rectangular (see [93] and [96] of applicant’s specification).
Regarding claim 17, the modified device of Kooij further discloses
the respiratory interface system (first embodiment of Kooij: respiratory system for patient interface; second embodiment of Kooij: protrusion of first tube portion, grooves on second tube portion) of claim 13,
wherein the plurality of recesses includes three recess such that the length of the tubular portion is adjustable to three discrete lengths based on which recess in which the protrusion is located (first embodiment: see fig. 7c which shows example of a plurality of grooves including 3 grooves for a protrusion; second embodiment: see fig. 8 which shows multiple radial ribs; one or more grooves that interlocks with the protrusion; [0216]; “where a discrete number of relative positions of first and second tube sections is provided for by the telescopic adjustment mechanism it will be appreciated that a higher number of positions allows for more adjustment positions and promotes a better fit for patients. In some embodiments, 3, 4, 5, 6 or more adjustment positions are provided”; [0238]).
Response to Arguments
Applicant's arguments filed October 31st, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claims 1-15 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. Claims 4-12, 14, and 15 have been cancelled. Please see new rejections of claim 1-3, 13, 16, and 17 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goldspink (US 20230285705) – adjustable headgear with rectangular attachment means
Huddart (US 10828452) – headgear for a breathing apparatus that uses protrusion and opening to adjust the straps, figs. 125a-126c
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY REYES RUSSELL whose telephone number is (703)756-4567. The examiner can normally be reached M-F 730am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785