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 .
Election/Restrictions
Applicant’s election without traverse of the invention of Group II in the reply filed on November 14, 2025 is acknowledged.
Claims 1 – 8 and 16 – 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 14, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is 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. Although the base claim recites “a mouthpiece or nose mask”, claim 10 sets forth “the mouthpiece and nose mask” which is both inconsistent with the claim 9 phrase and is inconsistent from the technical details of the disclosure which generally indicate the mouthpiece and nose mask are used separately, not with one another. As such, the metes and bounds of claim 10 cannot be readily determined.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 9, 10, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kline (USPN 7,547,285). Kline teaches a breath condensate collection arrangement (Figures 1 - 5) in which a mouthpiece, intake cartridge and syringe (tube), and cooling sleeve receive exhaled breath and collect the condensate therefrom (column 11, line 1 – column 12, line 3). As shown in the indicated figures, the mouthpiece, cartridge/syringe assembly, and surrounding cooling/condensing chamber are arranged linearly. The collection arrangement may include one-way valves (27, 31, 33) to control direction of air movement during different portions of the user’s breathing cycle. Further, Kline provide details of the insulated condensing chamber (Figures 18, 19, 20, and column 14, lines 4 – 32 and column 15, lines 3 - 30).
Claim(s) 9 and 11 - 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kline (USPN 8,491,494). Kline teaches a breath condensate collection arrangement (Figure 1) in which a mouthpiece is connected with a syringe element (tube) for providing exhaled breath in a cooled portion for inducing the condensation (column 8, lines 21 – 41). One-way valves are present at various portions where the elements connect, such that proper flow of air may be created (column 8, lines 42 – 59). Kline indicates the assembly includes a section in the form of a syringe/first portion with a larger inner diameter than a collection port section (column 9, lines 34 – 54). Examiner notes that given the range of diameters in the discussion, at least some embodiments will have a 1:1/4 relationship between the two diameters of the respective portions. Further, Kline detail use of a plunger in collection of the condensate (column 10, lines 33 – 47).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baddour (USPN 7,118,537 – cited by Applicant) and Gatson, IV et al. (USPN 6,033,368) teach additional condensate collection arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC FRANK WINAKUR whose telephone number is (571)272-4736. The examiner can normally be reached Mon-Fri 9 am - 6 pm.
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/ERIC F WINAKUR/Primary Examiner, Art Unit 3791