Prosecution Insights
Last updated: August 18, 2026
Application No. 17/952,389

TUBING ASSEMBLY FOR PATIENT INTERFACE DEVICE

Non-Final OA §103
Filed
Sep 26, 2022
Priority
Sep 28, 2021 — provisional 63/249,106
Examiner
RUSSELL, SYDNEY REYES
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Koninklijke Philips N.V.
OA Round
3 (Non-Final)
50%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
17 granted / 34 resolved
-20.0% vs TC avg
Strong +47% interview lift
Without
With
+47.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
28 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
46.8%
+6.8% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
24.2%
-15.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 34 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/17/2026 has been entered. Status of Claims This Office Action is in response to the remarks and amendments filed on April 17th, 2026. Claims 2-12 and 14-17 have been canceled as such claims 1 and 13 are pending consideration in this Office Action. Response to Amendment The objections to the claims are withdrawn in light of the amendments. The rejections pursuant to 112(a) with respect to claims 2 and 16 are withdrawn in light of the cancellations. Claim Rejections - 35 USC § 103 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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 and 13 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 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 (see fig. 7C below; connection port 3600 appears symmetrical, the right side and left side are opposite of each other and have matching ends); PNG media_image1.png 645 595 media_image1.png Greyscale 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 a 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), PNG media_image2.png 524 793 media_image2.png Greyscale 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 a 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 a 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]); wherein the plurality of recesses includes three recesses 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]). 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 providing a higher number of positions allows for more adjustment positions and promotes a better fit for patients (Kooij: [0194], [0216], [0238], and [0226]). While the second embodiment of Kooij discloses the grooves/ribs on the outer surface of the second tube and the protrusion of the first tube configured to interlock with said grooves/ribs (therefore on an inner surface) and not explicitly the protrusion on the exterior wall/recesses on the interior wall as claimed, it does disclose that in other forms of the technology “the tube sections may be secured in a plurality of discrete positions using other interlocking mechanisms, for example one or more grooves or holes that interlock with one or more protrusions or detents” [0216] and that “it will be appreciated that the grooves may be provided on a surface of either the first or second tube portions with the protrusions provided on a surface of the other of the first or second tube portion in a position to interlock with the grooves in use” [0216]. A surface of a tube includes an inner surface or an outer surface; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date that the protrusion and plurality of grooves of the second embodiment of Kooij may be defined on the outer surface and the inner surface, respectively, especially for modifying an embodiment such as the first embodiment of Kooij which shows a first tube being inserted into a second tube (see fig. 7c). As such, 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 outer surface of the first tube portion, the plurality of grooves on an inner 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 providing a higher number of positions allows for more adjustment positions and promotes a better fit for patients (Kooij: [0194], [0216], [0226], and [0238]). It directly follows that the resultant first and tube portion of the first embodiment of Kooij combined with the protrusion and plurality of grooves of the second embodiment of Kooij would meet the claimed structural limitations since: a protrusion is defined on exterior wall of an end of the first adjustment member and a plurality of recesses defined in an interior wall of the second adjustment member (second embodiment of Kooij: as discussed above, “the grooves may be provided on a surface of either the first or second tube portions with the protrusions provided on a surface of the other of the first or second tube portion in a position to interlock with the grooves in use”, [0216]; a surface (which may mean the inner or outer surface of the tube); when modified with the first embodiment of Kooij: see fig. 7c; to include the protrusion on the outer surface of first tube 3370 such that when inserted into the second tube, the protrusion is interlocked into the plurality of grooves on the inner surface of second tube 3372). 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 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 (see fig. 7C below; connection port 3600 appears symmetrical, the right side and left side are opposite of each other and have matching ends); PNG media_image1.png 645 595 media_image1.png Greyscale 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 a 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), PNG media_image2.png 524 793 media_image2.png Greyscale 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. 7a and 8; first tube portion 3370; [0216]) and a second adjustment member (fig. 7a and 8; second tube portion 3372; [0216]), a protrusion is defined on a wall of an end of the first adjustment member (fig. 7a and 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 a wall of the second adjustment member (fig. 7a and 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. 7a and 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]); wherein the plurality of recesses includes three recesses 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]). While the second embodiment of Kooij discloses the grooves/ribs on the outer surface of the second tube and the protrusion of the first tube configured to interlock with said grooves/ribs (therefore on an inner surface) and not explicitly the protrusion on the exterior wall/recesses on the interior wall as claimed, it does disclose that in other forms of the technology “the tube sections may be secured in a plurality of discrete positions using other interlocking mechanisms, for example one or more grooves or holes that interlock with one or more protrusions or detents” [0216] and that “it will be appreciated that the grooves may be provided on a surface of either the first or second tube portions with the protrusions provided on a surface of the other of the first or second tube portion in a position to interlock with the grooves in use” [0216]. A surface of a tube includes an inner surface or an outer surface; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date that the protrusion and plurality of grooves of the second embodiment of Kooij may be defined on the outer surface and the inner surface, respectively, especially for modifying an embodiment such as the first embodiment of Kooij which shows a first tube being inserted into a second tube (see fig. 7c). As such, 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 outer surface of the first tube portion, the plurality of grooves on an inner 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 providing a higher number of positions allows for more adjustment positions and promotes a better fit for patients (Kooij: [0194], [0216], [0226], and [0238]). It directly follows that the resultant first and tube portion of the first embodiment of Kooij combined with the protrusion and plurality of grooves of the second embodiment of Kooij would meet the claimed structural limitations since: a protrusion is defined on exterior wall of an end of the first adjustment member and a plurality of recesses defined in an interior wall of the second adjustment member (second embodiment of Kooij: as discussed above, “the grooves may be provided on a surface of either the first or second tube portions with the protrusions provided on a surface of the other of the first or second tube portion in a position to interlock with the grooves in use”, [0216]; a surface (which may mean the inner or outer surface of the tube); when modified with the first embodiment of Kooij: see fig. 7c; to include the protrusion on the outer surface of first tube 3370 such that when inserted into the second tube, the protrusion is interlocked into the plurality of grooves on the inner surface of second tube 3372). Response to Arguments Applicant's arguments filed 04/17/2026 have been fully considered but they are not persuasive. On page 5 of the remarks, Applicant argues that mapping of claims 1 and 13 improperly rewrites the claims as the claims require (i) “a protrusion … on [an] exterior wall of an end of the first adjustment member” and (ii) “a plurality of recesses … in an interior wall of the second adjustment member” that receive that protrusion to selectively/releasably lock. Therefore, neither the first embodiment of Kooij nor the second embodiment of Kooij which describe different architectures disclose the end-specific protrusion/interior-wall recess relationship. However, the Examiner disagrees, as further clarified in the 103 rejection above, the cited paragraph [0216] of the second embodiment of Kooij further discloses that in other forms of the technology, “the tube sections may be secured in a plurality of discrete positions using other interlocking mechanisms, for example one or more grooves or holes that interlock with one or more protrusions or detents” [0216] and that “it will be appreciated that the grooves may be provided on a surface of either the first or second tube portions with the protrusions provided on a surface of the other of the first or second tube portion in a position to interlock with the grooves in use” [0216]. In other words, it would have been obvious to one of ordinary skill in the art that Kooij discloses the idea of alternative configurations of other interlocking mechanisms such protrusions/grooves on different surfaces of the first and second tube such as the protrusion being defined on the outer surface of the first tube and the plurality of grooves defined on the inner surface of the second tube, especially in an embodiment in a tube configuration where the first tube is inserted into the second tube (as disclosed in the first embodiment of Kooij: see fig. 7c). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that substituting 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 outer surface of the first tube portion, the plurality of grooves on an inner surface of the second tube portion, and ratchet mechanism as taught in the second embodiment of Kooij would have yielded 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 providing a higher number of positions allows for more adjustment positions and promotes a better fit for patients (Kooij: [0194], [0216], [0226], and [0238]). As such, the arguments pursuant to the 103 rejections of claims 1 and 13 are deemed unpersuasive. It is also noted that Rothermel discloses a similar configuration of an adjustable headgear with tabs (protrusions) being inserted into grooves (see pertinent prior art of record below). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rothermel (US 20190298954) – An adjustable headgear apparatus that includes an embodiment (see figs. 7a-7g) where each of the reduced portions 104 a, b and/or stiffeners 105 ,106 may include one or more outward extending locking tabs 108 which are each structured to engage a portion of each arm member 102, 103 (see fig. 7g; which shows the tabs 108 (on an exterior wall of the first tube) being inserted into recessed grooves (on an interior wall of the second tube). 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 930am -6pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /S.R.R./Examiner, Art Unit 3785 /BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Sep 26, 2022
Application Filed
Jul 01, 2025
Non-Final Rejection mailed — §103
Oct 31, 2025
Response Filed
Dec 17, 2025
Final Rejection mailed — §103
Apr 17, 2026
Request for Continued Examination
Apr 22, 2026
Response after Non-Final Action
Jun 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
50%
Grant Probability
97%
With Interview (+47.0%)
3y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
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