Prosecution Insights
Last updated: May 29, 2026
Application No. 18/027,485

PATIENT INTERFACE WITH BLOWOUT PREVENTION FOR SEAL-FORMING PORTION

Non-Final OA §102§103
Filed
Mar 21, 2023
Priority
Sep 22, 2020 — AU 2020903406 +1 more
Examiner
CALLISON, KEIRA EILEEN
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
ResMed
OA Round
2 (Non-Final)
13%
Grant Probability
At Risk
2-3
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants only 13% of cases
13%
Career Allowance Rate
2 granted / 15 resolved
-56.7% vs TC avg
Strong +93% interview lift
Without
With
+92.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
24 currently pending
Career history
56
Total Applications
across all art units

Statute-Specific Performance

§103
85.7%
+45.7% vs TC avg
§102
6.0%
-34.0% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 resolved cases

Office Action

§102 §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 . Status of the Claims This office action is responsive to the request for reconsideration filed on 02/27/2026. Claims 1-19 are presently pending in the application. Claim Rejections - 35 USC § 102 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 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. Claims 1 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Guney (WO 2010148453 A1). Regarding claim 1, Guney discloses a patient interface (FIG. 3-1 and 3-2 Mask System 100 as set forth in [0018]) comprising: a plenum chamber (FIG. 4 The frame 110 defining a mask interior breathing chamber as set forth in [00181] and [0032]) pressurisable to a therapeutic pressure of at least 6cmH20 above ambient air pressure (As set forth in [0027], [0032]; and [00160]), said plenum chamber including a plenum chamber inlet port (FIG. 4 Aperture 135 as set forth in [0181]), said plenum chamber inlet port being sized and structured to receive a flow of air at the therapeutic pressure for breathing by a patient (FIG. 4 Aperture 135 is the elbow connection point as set forth in [0181], where a tube may deliver pressurized breathable gas from a CPAP apparatus to the elbow and hence mask system and patient as set forth in [00160] and [00169]); a sealing structure (FIG. 3-1 The seal 130 included on cushion 118 as set forth in [00180] and [00230]) comprising a support structure (FIG. 114 Semi-rigid skeleton frame 7010 as set forth in [00325]) and a portion joined to the support structure (FIG. 114 Silicone/TPE undercushion 7004, a foam portion 7006, and fabric layer 7008as set forth in [00325]), the sealing structure being constructed and arranged to have a shape to form a seal with a region of the patient's face surrounding an entrance to the patient's airways such that the flow of air at said therapeutic pressure is delivered to at least an entrance to the patient's nares (FIG. 2 and 2-a Show sealing positions around the airway entrances of the user to deliver pressurized flow as set forth in [00173]-[00174]), said seal being formed to prevent air exiting from the plenum chamber between the sealing structure and said region of the patient's face, the sealing structure structured and arranged to maintain said therapeutic pressure in the plenum chamber throughout the patient's respiratory cycle in use (The cushion and intermediate member form a pressurized breathing chamber when combined as set forth in [00230], which would indicate to one of ordinary skill in the art that air is being prevented from leaving the plenum chamber from between the seal and patient’s face throughout their respiratory cycle); a positioning and stabilizing structure to hold the sealing structure in a therapeutically effective position on the patient's head (The frame, or each of the upper and lower frames, may include one or more headgear or supporting system connection points to couple the mask system with appropriate headgears, where the system is adjustable set forth in [00168] and [00181]); and, wherein the sealing structure comprises a sealing surface to form the seal against the patient's face in use (FIG. 3-1 The seal 130 as set forth in [00181] and [00230]; the fabric layer 7008 in FIG. 114), wherein the portion of the sealing structure comprises a tie (As shown in the annotated figure below) that extends between a first interior surface region of the sealing structure that is opposite the sealing surface and a second interior surface region of the patient interface such that the tie resists deformation of the sealing structure to prevent blowout (FIG. 114 “A” first interior surface and “B” second interior surface are spaced apart as shown in the annotated figure below; The portion of the undercushion 7004 extending from “A” to “B” opposite the sealing surface; The sealing structure resisting deformation, readily understood in the art that the robust seal would prevent blowout as set forth in [00315]). PNG media_image1.png 285 342 media_image1.png Greyscale PNG media_image2.png 341 351 media_image2.png Greyscale Alternatively, Regarding claim 1, Guney discloses a patient interface (FIG. 3-1 and 3-2 Mask System 100 as set forth in [0018]) comprising: a plenum chamber (FIG. 4 The frame 110 defining a mask interior breathing chamber as set forth in [00181] and [0032]) pressurisable to a therapeutic pressure of at least 6cmH20 above ambient air pressure (As set forth in [0027], [0032]; and [00160]), said plenum chamber including a plenum chamber inlet port (FIG. 4 Aperture 135 as set forth in [0181]), said plenum chamber inlet port being sized and structured to receive a flow of air at the therapeutic pressure for breathing by a patient (FIG. 4 Aperture 135 is the elbow connection point as set forth in [0181], where a tube may deliver pressurized breathable gas from a CPAP apparatus to the elbow and hence mask system and patient as set forth in [00160] and [00169]); a sealing structure (FIG. 3-1 The seal 130 included on cushion 118 as set forth in [00180] and [00230]), the sealing structure being constructed and arranged to have a shape to form a seal with a region of the patient's face surrounding an entrance to the patient's airways such that the flow of air at said therapeutic pressure is delivered to at least an entrance to the patient's nares (FIG. 2 and 2-a Show sealing positions around the airway entrances of the user to deliver pressurized flow as set forth in [00173]-[00174]), said seal being formed to prevent air exiting from the plenum chamber between the sealing structure and said region of the patient's face, the sealing structure structured and arranged to maintain said therapeutic pressure in the plenum chamber throughout the patient's respiratory cycle in use (The cushion and intermediate member form a pressurized breathing chamber when combined as set forth in [00230], which would indicate to one of ordinary skill in the art that air is being prevented from leaving the plenum chamber from between the seal and patient’s face throughout their respiratory cycle); a positioning and stabilizing structure to hold the sealing structure in a therapeutically effective position on the patient's head (The frame, or each of the upper and lower frames, may include one or more headgear or supporting system connection points to couple the mask system with appropriate headgears, where the system is adjustable set forth in [00168] and [00181]); and, wherein the sealing structure comprises a sealing surface to form the seal against the patient's face in use (FIG. 3-1 The seal 130 as set forth in [00181] and [00230]). The embodiment of Guney set forth above is silent as to whether the sealing structure comprises a support structure and a portion joined to the support structure, wherein the portion of the sealing structure comprises a tie that extends between a first interior surface region of the sealing structure that is opposite the sealing surface and a second interior surface region of the patient interface such that the tie resists deformation of the sealing structure to prevent blowout. However, Guney does teach in FIG. 114, wherein the sealing structure comprises a support structure (FIG. 114 Semi-rigid skeleton frame 7010 as set forth in [00325]) and a portion joined to the support structure (FIG. 114 Silicone/TPE undercushion 7004, a foam portion 7006, and fabric layer 7008as set forth in [00325]), wherein the portion of the sealing structure comprises a tie (As shown in the annotated figure below) that extends between a first interior surface region of the sealing structure that is opposite the sealing surface and a second interior surface region of the patient interface such that the tie resists deformation of the sealing structure to prevent blowout (FIG. 114 “A” first interior surface and “B” second interior surface are spaced apart as shown in the annotated figure below; The portion of the undercushion 7004 extending from “A” to “B” opposite the sealing surface; The sealing structure resisting deformation, readily understood in the art that the robust seal would prevent blowout as set forth in [00315]). PNG media_image1.png 285 342 media_image1.png Greyscale PNG media_image2.png 341 351 media_image2.png Greyscale It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have chosen the embodiment of the cushion of Guney as set forth above and include, wherein the sealing structure comprises a support structure (FIG. 114 Semi-rigid skeleton frame 7010 as set forth in [00325]) and a portion joined to the support structure (FIG. 114 Silicone/TPE undercushion 7004, a foam portion 7006, and fabric layer 7008as set forth in [00325]), wherein the portion of the sealing structure comprises a tie (As shown in the annotated figure below) that extends between a first interior surface region of the sealing structure that is opposite the sealing surface and a second interior surface region of the patient interface such that the tie resists deformation of the sealing structure to prevent blowout (FIG. 114 “A” first interior surface and “B” second interior surface are spaced apart as shown in the annotated figure below; The portion of the undercushion 7004 extending from “A” to “B” opposite the sealing surface; The sealing structure resisting deformation, readily understood in the art that the robust seal would prevent blowout as set forth in [00315]), given that the various embodiments described above may be implemented in conjunction with other embodiments as desired (As set forth in [00375]). Regarding claim 4, Eves discloses the claimed invention substantially as claimed as set forth for claim 1 above. Guney further discloses the patient interface, wherein the tie and the sealing structure comprise a unitary structure formed from a homogeneous material (FIG. 114 The sealing structure and tie comprised of a laminated foam/fabric (air tight) fascia 7012, a semi-rigid skeleton frame 7010, a silicone/TPE undercushion 7004, a foam portion 7006, and a fabric layer 7008 along the outer side of the foam portion, undercushion, skeleton frame, and fascia, and the inner side of the undercushion, skeleton frame, and fascia as set forth in [00324]; A unitary homogenous material interpreted under its broadest interpretation as meaning the material, in this case used for the sealing structure and tie, are formed together to form one piece). Regarding claim 5, Eves discloses the claimed invention substantially as claimed as set forth for claim 4 above. Guney further discloses the patient interface, wherein the homogeneous material comprises a textile material (FIG. 114 Fabric layer 7008 as set forth in [00324]). Regarding claim 6, Eves discloses the claimed invention substantially as claimed as set forth for claim 5 above. Guney further discloses the patient interface, wherein the homogeneous material comprises multiple layers, with at least one layer being a textile material (FIG. 114 The sealing structure and tie comprised of a laminated foam/fabric (air tight) fascia 7012, a semi-rigid skeleton frame 7010, a silicone/TPE undercushion 7004, a foam portion 7006, and a fabric layer 7008 along the outer side of the foam portion, undercushion, skeleton frame, and fascia, and the inner side of the undercushion, skeleton frame, and fascia as set forth in [00324]; A unitary homogenous material interpreted under its broadest interpretation as meaning the material, in this case used for the sealing structure and tie, are formed together to form one piece). Regarding claim 7, Eves discloses the claimed invention substantially as claimed as set forth for claim 6 above. Guney further discloses the patient interface, wherein at least one layer is air impermeable (FIG. 114 The sealing structure and tie comprised of a laminated foam/fabric (air tight) fascia 7012 and silicone/TPE undercushion 7004 as set forth in [00324]; set forth in as being air impermeable in Applicant specification [0329]). Regarding claim 8, Eves discloses the claimed invention substantially as claimed as set forth for claim 7 above. Guney further discloses the patient interface, wherein the at least one air-impermeable layer comprises at least one of silicone (FIG. 114 The sealing structure and tie comprised of a laminated foam/fabric (air tight) fascia 7012 and silicone/TPE undercushion 7004 as set forth in [00324]; set forth in as being air impermeable in Applicant specification [0329]). 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. Claims 1-2, 4, 9-11, 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Eves (US 20180272095 A1) in view of Guney (WO 2010148453 A1). Regarding claim 1, Eves discloses a patient interface (FIG. 3A Patient interface 3000 as set forth in [0237]) comprising: a plenum chamber (FIG. 3A Plenum chamber 3200 as set forth in [0237]) pressurisable to a therapeutic pressure of at least 6cmH20 above ambient air pressure (As set forth in [0239]), said plenum chamber including a plenum chamber inlet port (FIG. 3A Connection port 3600 as set forth in [0237]), said plenum chamber inlet port being sized and structured to receive a flow of air at the therapeutic pressure for breathing by a patient (FIG. 1A-C and 3A Connection port 3600 configured for connection to air circuit 4170 receiving air from the RPT device 4000 as set forth in [0114] and [0237], for treating a respiratory disorder comprising the step of applying positive pressure to the entrance of the airways of a patient 1000 as set forth in [0233]); a sealing structure (FIG. 3A, 5, and 7-7A Seal forming structure 3100 as set forth in [0237] and [0242]) comprising a support structure (FIG. 7 Relatively thick portion 3130 as set forth in [0256]) and a portion joined to the support structure (FIG. 7 Relatively thin portion 3135 as set forth in [0256]), the sealing structure being constructed and arranged to have a shape to form a seal with a region of the patient's face surrounding an entrance to the patient's airways such that the flow of air at said therapeutic pressure is delivered to at least an entrance to the patient's nares (FIG. 3A Seal-forming structure 3100 is arranged to surround an entrance to the airways of the patient so as to facilitate the supply of air at positive pressure to the airways as set forth in [0237]), said seal being formed to prevent air exiting from the plenum chamber between the sealing structure and said region of the patient's face (As set forth in [0074]), the sealing structure structured and arranged to maintain said therapeutic pressure in the plenum chamber throughout the patient's respiratory cycle in use (As set forth in [0074]); a positioning and stabilizing structure to hold the sealing structure in a therapeutically effective position on the patient's head (FIG. 3A Positioning and stabilizing structure 3300 as set forth in [0237]); and, wherein the sealing structure comprises a sealing surface to form the seal against the patient's face in use (FIG. 4 Seal-forming structure 3100 configured to form a seal around a periphery of a patient's airways, the seal formed around the patient's nose or the patient's nose and mouth as set forth in [0248]), wherein the portion of the sealing structure comprises a tie (FIG. 4-5 and 7-7A Tie 3110 as set forth in [0249]) that extends between a first interior surface region of the sealing structure that is opposite the sealing surface and a second interior surface region of the patient interface such that the tie resists deformation of the sealing structure (FIG. 4-5 and 7-7A The sealing structure comprises a tie that extends between a first interior surface region of the sealing structure that is opposite the sealing surface and a second interior surface region of the patient interface such that the tie resists deformation of the sealing structure as set forth in [0074]) to prevent blowout (FIG. 4-5 and 7-7A The seal forming structure 3100 has an edge and the tie 3110 holds the edge to prevent blowout at the edge as set forth in [0252]). Eves fails to explicitly disclose, wherein the portion is a “textile” portion. However, Guney teaches, wherein the portion is a “textile” portion (Guney: FIG. 107 Fabric layer 7008 as set forth in [00318]). Eves and Guney are both considered to be analogous to the claimed invention because they are in the same field of respiratory facemasks. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the portion of Eves to incorporate the material of Guney and include, wherein the portion is a “textile” portion (Guney: FIG. 107 Fabric layer 7008 as set forth in [00318]). Doing so would improve the durability of the portion and may improve comfort (smooth surface finish, soft to touch, etc.) and aesthetics (Guney: As set forth in [00318]). Regarding claim 2, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the sealing structure comprises the second interior surface region, the second interior surface region being spaced from the first interior surface region (FIG. 7-7A The sealing structure may comprise the second interior surface region, the second interior surface region being spaced from the first interior surface region as set forth in [0075] and shown in the annotated figure below). PNG media_image3.png 507 504 media_image3.png Greyscale Regarding claim 4, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the tie and the sealing structure comprise a unitary structure formed from a homogeneous material (The tie and the sealing structure may comprise a unitary structure formed from a homogeneous material as set forth in [0075]). Regarding claim 9, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the sealing structure comprises a sealing flap at an edge region (FIG. 4-5 Sealing flap 3125 that protrudes inwards towards an inner perimeter of the sealing structure 3100 having an unconnected edge as set forth in [0253] and [0075]), the sealing flap being shaped and positioned to seal at least against a side of the patient's nose in use (FIG. 4-5 The sealing flap 3125 may include a portion 3125a that is configured to form a seal against the sides of the nose above the nasal bones of the patient as set forth in [0253] and [0075]). Regarding claim 10, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 9 above. Eves further discloses the patient interface, wherein the sealing flap comprises a thin edge region that is thinner than adjacent regions of the sealing structure (As set forth in [0075]). Regarding claim 11, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 9 above. Eves further discloses the patient interface, wherein the first interior surface region is adjacent to the sealing flap such that the tie is spaced inwardly from the sealing flap (As set forth in [0075]). Regarding claim 13, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the tie comprises an inner surface and the sealing structure comprises an interior surface, the inner surface of the tie being adjacent to and separated from the interior surface of the sealing structure (As set forth in [0075] and claim 1, as well as shown in annotated FIG. 5 below). PNG media_image4.png 492 537 media_image4.png Greyscale Regarding claim 14, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the plenum chamber is constructed from a rigid, transparent material (FIG. 3A Plenum chamber 3200 is constructed from a transparent material, e.g. a transparent polycarbonate as set forth in [0075] and [0344]) Regarding claim 15, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the plenum chamber is constructed from a resiliently flexible transparent material (FIG. 3A Plenum chamber 3200 is constructed from transparent polycarbonate as set forth in [0344]; know by one ordinary skill in the art as a resiliently flexible material). Regarding claim 16, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the tie extends between the first interior surface region and the second interior surface region of the sealing structure such that the tie is positioned proximal to the patient's frontal process of the maxilla in use (FIG. 7 The tie 3110 may be positioned to contact a side wall of the nose including the alar and provide a continuous surface to maintain contact with the sides of the nose above the nasal bones of the patient as set forth in [0259], which would be proximal to the patient's frontal process of the maxilla in use, as shown by an embodiment of the interface affixed to the patient as shown in FIG. 34B, the tie extending between the first interior surface region and the second interior surface region of the sealing structure as shown in the annotated figure below). PNG media_image3.png 507 504 media_image3.png Greyscale Regarding claim 17, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the tie extends from the first interior surface region of the sealing structure inferior to an uppermost portion of the sealing structure and superior to a lowermost portion of the sealing structure (As shown in the annotated figure below). PNG media_image5.png 630 609 media_image5.png Greyscale Regarding claim 18, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the sealing structure is configured so as to not extend below a mental protuberance region in use and the plenum chamber is configured so as not to cover the eyes in use (As set forth in [0075]). Regarding claim 19, Eves as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface, wherein the sealing structure is a single wall sealing structure (As set forth in [0273]). Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Eves (US 20180272095 A1) in view of Guney as applied to claim 1. Regarding claim 3, Eves discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves further discloses the patient interface the second interior surface region being spaced from the first interior surface region (FIG. 7-7A The sealing structure may comprise the second interior surface region, the second interior surface region being spaced from the first interior surface region as set forth in [0075]). Eves is silent as to whether the plenum chamber comprises the second interior surface region in reference to the embodiment of FIG. 4-5 and 7-7A. However, Eves teaches wherein the plenum chamber comprises the second interior surface region in reference to the embodiment of FIG. 24A-B (FIG. 24A-B Tie 3110 is anchored to the supporting structure 6015 at the attachment point 3145 of the plenum chamber 3200). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the embodiment of FIG. 4-5 and 7-7A to incorporate the teaching of the embodiment of FIG. 24A-B and include wherein the plenum chamber comprises the second interior surface region in reference to the embodiment of FIG. 24A-B (FIG. 24A-B Tie 3110 is anchored to the supporting structure 6015 at the attachment point 3145 of the plenum chamber 3200). Doing so provides another possible configuration forming the tie structure of the sealing structure for the resistance of deformation and the prevention of blowout that may be more suitable to the user than other embodiments of the patient interface (As set forth in [0076] and 0275]). Regarding claim 12, Eves discloses the claimed invention substantially as claimed as set forth for claim 1 above. Eves fails to explicitly disclose wherein the tie extends contiguously from the sealing structure at an edge region such that the tie forms an extension of the sealing surface in reference to the embodiment of FIG. 4-5 and 7-7A. However, Eves teaches, wherein the tie extends contiguously from the sealing structure at an edge region such that the tie forms an extension of the sealing surface in reference to the embodiment of FIG. 31K (FIG. 31K the tie 3110 extends contiguously from the sealing flap 3125 as set forth in [0322]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the embodiment of FIG. 4-5 and 7-7A to incorporate the teaching of the embodiment of FIG. 31K and include wherein the tie extends contiguously from the sealing structure at an edge region such that the tie forms an extension of the sealing surface in reference to the embodiment of FIG. 31K (FIG. 31K the tie 3110 extends contiguously from the sealing flap 3125 as set forth in [0322]). Doing so provides another possible configuration forming the tie structure of the sealing structure for the resistance of deformation and the prevention of blowout that may be more suitable to the user than other embodiments of the patient interface (As set forth in [0076] and 0275]). Response to Arguments Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive. Applicant argues that Guney fails to disclose the features of a plenum chamber and sealing structure comprising a support structure and textile portion joined to the support structure, as recited by claim 1. Specifically, Applicant argues that the "plenum chamber" cited using FIG. 4, "sealing structure" cited using FIG. 3-1, and the "support structure" and "textile portion" cited using FIG. 114 impermissibly combines distinct embodiments. Examiner would like to note that as stated in paragraphs [00157] and [00375] of Guney, it is to be understood that one or more features of any one embodiment may be combinable with one or more features of the other embodiments. In addition, any single feature or combination of features in any of the embodiments may constitute additional embodiments. Further, that the various embodiments described by the specification and shown in the figures may be implemented in conjunction with other embodiments, e.g., aspects of one embodiment may be combined with aspects of another embodiment to realize yet other embodiments. Further, each independent feature or component of any given assembly may constitute an additional embodiment. Furthermore, each individual component of any given assembly, one or more portions of an individual component of any given assembly, and various combinations of components from one or more embodiments may include one or more ornamental design features. Figs. 106 to 114 are merely showing alternative cushion embodiments that may be selected. Examiner would like to point to MPEP Section 2120, section 3, that sets forth that for anticipation under 35 U.S.C. 102, the reference must teach every aspect of the claimed invention either explicitly or impliedly, wherein any feature not directly taught must be inherently present, and section 2144.08 which discusses the distinction between an obviousness rejection and an anticipation rejection when selecting a claimed species from the prior art's genus, in this case the cushion. FIG. 4 used to cite the plenum chamber is merely a sample frame of FIGS. 3-1 to 3-6 as set forth in [0037]-[0038]. Additionally, the plenum chamber is present in every embodiment of the mask shown by Guney. FIG. 4 was chosen given it showed the frame alone and the features as cited were most readily seen in this figure. Applicant’s arguments, see 5, filed 02/27/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new ground of rejection is made in view of Eves in view of Guney. Examiner would like to note that a second non-final was granted in order to address the limitation "textile" as recited in line 6 of claim 1, which was not addressed in the Office Action on 12/04/2025. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30. 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, Kendra Carter can be reached at (571) 272-9034. 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. /KEIRA EILEEN CALLISON/Examiner, Art Unit 3785 /KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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Prosecution Timeline

Mar 21, 2023
Application Filed
Dec 04, 2025
Non-Final Rejection mailed — §102, §103
Feb 06, 2026
Interview Requested
Feb 24, 2026
Applicant Interview (Telephonic)
Feb 24, 2026
Examiner Interview Summary
Feb 27, 2026
Response Filed
Apr 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12575994
LOWER LIMB EXOSKELETON
3y 10m to grant Granted Mar 17, 2026
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Prosecution Projections

2-3
Expected OA Rounds
13%
Grant Probability
99%
With Interview (+92.9%)
3y 7m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 15 resolved cases by this examiner. Grant probability derived from career allowance rate.

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