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 with traverse of Species D: Subspecies 3 in the reply filed on 05/26/2026 is acknowledged. The traversal is on the ground(s) that subspecies 1 and subspecies 3 substantially overlap, and that they read on the same mask-based ventilation architecture, therefore the withdrawal to the claims corresponding to both Subspecies should not be withdrawn.
This is not found persuasive because it is noted that a Restriction/Election requirement was mailed out 12/01/2025, to which the Applicant elected without traverse to the identified Species D: Subspecies 3 corresponding to claims 1 (independent claim of the species), 4, 5, 7-11, 16, 19-23, and 25 with the response to the Election/Restriction requirement on 02/02/2026. Providing arguments at this time is untimely, as the restriction was made final in the non-final rejection mailed 02/23/2026.
The requirement is still deemed proper and is therefore made FINAL.
Response to Amendment
Per the amendments to the claims, the claim objection has been withdrawn. New claim objections have been presented.
Claims 1, 4, 5, 7-11, 16, 19-23, and 25 (now 24) were previously elected in a Restriction requirement, where claims 2, 3, 6,12-15, and 17-18 are withdrawn. Claims 1, 11 and 24 have been amended. Claims 5 and 16 have been cancelled. Claims 25-29 are newly presented. Therefore, claims 1, 4, 7-11, 19-29 are currently under examination and pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, 5, 7-11, 16, 19-23, and 25 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.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“breath delivery mechanism” in claims 1, 11, and 19. It is understood to be either an on/off switch or button, pressor sensors/ detector that triggers a blower and its flow, or a manual knob on the blower that could be the on/off mechanism of the blower for manual actuation.
“portable ventilation system” in claims 16, 19-28. It is understood that portable means a blower is attachable to an outer surface of a mask.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Claim Objections
Claims 13 and 27 objected to because of the following informalities:
Claim 13: the recitation of “the breath delivery input mechanism”, should read ---the breath delivery mechanism---, to keep proper antecedent basis from claim 11.
Claim 27: the recitation “input element is positioned such that the user can retain”, should read --- input element is configured to be positioned such that the user can retain---, to avoid positively reciting the user’s face and hand in the claim.
Appropriate correction is required.
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.
Claim 27 is rejected under 35 U.S.C. 112(b), 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.
Claim 27 recites the limitation "the … other input element" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested that claim 27 be amended to depend off of claim 26 instead of claim 25.
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.
Claims 1, 4, 8, 11, 19, 23, 24 and 25 are rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A).
Regarding claim 1, Fogarty discloses a ventilation mask (Figure 1 below), comprising:
a mask body having an outer surface and an inner surface configured for engagement with a face of a subject, and an inlet opening to receive air from a blower assembly (Figure 1 below; where ‘28’ is an inlet opening that receives air from the blower assembly ‘40’, and Fogarty [0031] lines 1-4; the mask ‘20’ has an inner surface configured for engagement with a face and an outer surface too);
and a breath delivery mechanism, that when manually operated, is configured to activate the blower assembly to deliver a breath to the subject (Fogarty [0049]; where there is a button than can be selectively engaged (manually operated) to activate the blower’s initiation of delivery of ventilation support (breath) to a subject).
Fogarty is silent to the blower assembly directly communicating with the inlet opening such that there is no tube between the blower assembly and the inlet opening.
O’Connor discloses a breathing apparatus wherein:
the mask body is configured to receive the blower assembly attached to the outer surface of the mask body such that the blower assembly is in direct fluid communication with the inlet opening and delivers air directly to the inlet opening without an intervening tube or conduit between the blower assembly and the inlet opening (O’Connor [010]; where the pump means (blower assembly) is attached to the outer surface of the mask body (facepiece) such that the blower assembly is in direct fluid communication with the inlet opening – pump means is directly mounted on the facepiece, thereby without an intervening tube or conduit between the blower assembly and the inlet opening).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation mask of Fogarty to directly mounting the blower assembly to the inlet of the mask as taught by O’Connor, since, it eliminates the use of a hose or tube between the mask and the blower assembly (O’Connor [010]), which would make for a more compact and portable system with less elements to use with the patient.
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Figure 1: Annotated Figure 5 of Fogarty.
Regarding claim 4, modified Fogarty further discloses the ventilation mask in claim 1, wherein the blower assembly is attachable to the outer surface of the mask body defining a portable ventilation system (Fogarty [0032]; where the blowing assembly ‘40’ can be positioned in fluid communication with the inlet opening ‘28’ (on the outer surface) of the mask body ‘22’, also as seen in Figure 3 and Figure 4 (further depicting a portable ventilation system); where the blowing assembly ‘40’ can be inside the ventilator system ‘10’ and is attached to the mask ‘20’ and as modified O’Connor provides direct communication of the blower assembly and the mask making a portable ventilation system).
Regarding claim 8, modified Fogarty further discloses the ventilation mask in claim 1, further comprising a jaw support assembly coupled to the mask body (Fogarty [0048] lines 1-2; where there can be a chin support assembly (Figure 1 above ‘50’) coupled to the mask body – the chin is part of the lower jaw);
wherein the jaw support assembly maintains a jaw posture of the subject during engagement of the inner surface of the mask body to the face of the subject (Fogarty [0048] lines 2-3; where the chin support assembly can be configured to maintain a desired posture of the subject and is coupled to the mask body ‘20’).
Regarding claim 11, Fogarty discloses a portable ventilation system (Fogarty Figure 4; where the blower assembly is housed in the ventilation system and can be attached to the outer surface of the mask via the inlet), comprising:
a ventilation mask, wherein the ventilation mask includes a mask body having an outer surface and an inner surface configured for engagement with a face of a subject, wherein the mask body defines an inlet opening configured to receive an airflow, a blower assembly attached to the outer surface of the mask body and positioned in fluid communication with the inlet opening of the mask body to direct the airflow to the inlet opening of the mask body (Figure 1 below; where ‘28’ is an inlet opening that receives air from the blower assembly ‘40’, and Fogarty [0031] lines 1-4; the mask ‘20’ has an inner surface configured for engagement with a face and an outer surface too and [0032]; where the blowing assembly ‘40’ can be positioned in fluid communication with the inlet opening ‘28’ (on the outer surface) of the mask body ‘22’);
and a breath delivery mechanism, that when manually operated, activates the blower assembly and delivers a breath to the subject by increasing a pressure within the ventilation mask (Fogarty [0049]; where there is a button (breath delivery mechanism) than can be selectively engaged (manually operated) to activate the blower’s initiation of delivery of ventilation support (breath) to a subject and Fogarty [0032] lines 8-10; where the blowing assembly can be controlled based on the measured pressure in the mask, detected by a pressure sensor).
Fogarty is silent to the blower assembly in direct fluid communication with the inlet of the mask.
O’Connor discloses a breathing apparatus comprising:
a blower assembly attached to the outer surface of the mask body and positioned in direct fluid communication with the inlet opening of the mask body to direct airflow to the inlet opening of the mask body without an intervening tube or conduit between the blower assembly and the inlet opening (O’Connor [010]; where the pump means (blower assembly) is attached to the outer surface of the mask body (facepiece) such that the blower assembly is in direct fluid communication with the inlet opening – pump means is directly mounted on the facepiece, thereby without an intervening tube or conduit between the blower assembly and the inlet opening).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation mask of Fogarty to directly mounting the blower assembly to the inlet of the mask as taught by O’Connor, since, it eliminates the use of a hose or tube between the mask and the blower assembly (O’Connor [010]), which would make for a more compact and portable system with less elements to use with the patient.
Regarding claim 19, modified Fogarty further discloses the portable ventilation system in claim 11, further comprising a battery assembly to power the blower assembly in response to the breath delivery mechanism being operated (Fogarty [0094]; where the blower ‘40’ can be powered by a battery (assembly) to deliver breath (air delivery) and [0049]; where there is a button (breath delivery mechanism) than can be selectively engaged (manually operated) to activate the blower’s initiation of delivery of ventilation support (breath) to a subject).
Regarding claim 23, modified Fogarty further discloses the portable ventilation system in claim 11, further comprising a jaw support assembly configured to be placed under a subject's chin to maintain jaw posture during engagement of the inner surface of the mask body to the face of the subject (Fogarty [0048] lines 1-2; where there can be a chin support assembly (Figure 1 below ‘50’) coupled to the mask body – the chin is part of the lower jaw and [0048] lines 2-3; where the chin support assembly can be configured to maintain a desired posture of the subject and is coupled to the mask body ‘20’).
Regarding claim 24, modified Fogarty further discloses the portable ventilation system in claim 11, wherein the mask body further comprises at least one leak opening extending between the inner surface and the outer surface of the mask body to control pressure within the ventilation mask (Figure 1 below; ‘30’ is the plurality of leak openings in the mask body ‘20’, Fogarty [0006]; the leak openings ‘30’ extend between the inner and outer surface of the mask body ‘20’, and [0007]; where the air/oxygen exits the mask body ‘20’ through the leak openings ‘30’ – this balances the pressure inside the mask body ‘20’ relative to ambient air to help control pressure within the ventilation mask).
Regarding claim 25, modified Fogarty further discloses the portable ventilation system of claim 24. wherein the at least one leak opening comprises a plurality of leak openings arranged such that the plurality of leak openings cannot all be occluded by the user's hand during one-handed retention of the ventilation mask against the face of the subject (Fogarty [0032]; plurality of Leak openings ‘30’, [0033]; can comprise any number and arrangement of leak openings sufficient to avoid blockage of all leak openings during handling of the mask, such that some of the leak openings will not be covered by the hands or other portions of the individuals handling the mask).
Although, modified Fogarty is silent to anti-occlusion by one-handed retention, modified Fogarty discloses that the leak openings are arranged sufficiently to avoid blockage of all the leak openings, such that some will not be covered by a portion of the person handling the mask, it would have been readily understood by a person of ordinary skill in the art that this could be through one-handed retention or through the use of both hands against the ventilation mask that is against the face of a subject, since those are portions of the body holding the mask.
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A), and further in view of Lalonde (US 20120304985 A1).
Regarding claim 7, modified Fogarty discloses the ventilation mask in claim 1.
Modified Fogarty is silent to wherein the mask body defines an air filter assembly that is in fluid communication with the inlet opening of the mask body.
Lalonde discloses a CPAP system with a mask wherein,
the mask body defines an air filter assembly that is in fluid communication with the inlet opening of the mask body (Lalonde Figure 4; where ‘52’ is a flow generator cap that houses the intake filter ‘86’ (air filter assembly) [0057] and intakes air through the intake holes ‘80’ (inlet opening) of the mask body ‘44’ of Figure 3 – thereby having fluid communication).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation mask of modified Fogarty to include an air filter assembly with the inlet opening of the mask body as taught by Lalonde, since, it allows the air filter to be occasionally replaced more easily (Lalonde [0057]).
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A), and further in view of Beard (US 20130060157 A1).
Regarding claim 9, modified Fogarty discloses the ventilation mask in claim 1.
Modified Fogarty fails to disclose a capnography port in a wall of the mask body.
Beard discloses a facemask assembly comprising:
a capnography port in a wall of the mask body (Beard Figure 4 ‘15’ is a sampling port on the mask ‘28’ where carbon dioxide is sampled (capnography) on the wall of the mask body [0040]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation device of modified Fogarty to include a capnography port as taught by Beard, since, a capnography port allows the clinician to ensure a patient is breathing adequately when there is a surgery or during a trauma by allowing them to sample a respiratory gas for analysis (Beard [0022]).
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A) and further in view of Lindblom (US 20080053449 A1).
Regarding claim 10, modified Fogarty discloses the ventilation mask in claim 1.
Modified Fogarty fails to disclose an endoscope port in a wall of the mask body.
Lindblom discloses a respiratory mask comprising:
an endoscope port in a wall of the mask body (Lindblom Figure 1; ‘20’ is an endoscope port in the wall of the mask body ‘10’).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation mask of modified Fogarty to include an endoscope as taught by Lindblom, since, an endoscope port is helpful for accepting an endoscope which allows the clinician to better examine upper gastrointestinal (GI) tracts and pulmonary regions (Lindblom [0010]).
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A), and further in view of Shelly (US 20150296550 A1).
Regarding claim 20, modified Fogarty discloses the portable ventilation system in claim 19.
Modified Fogarty discloses a ventilation mask comprising:
a battery (Fogarty [0094]; where the blower ‘40’ can be powered by a battery to deliver breath (air delivery)).
Modified Fogarty is silent to the battery including an assembly with an induction coil and rectifier for inductive charging of the battery assembly.
Shelly discloses a pressure support system for respiratory therapy wherein:
a battery assembly includes an induction coil and rectifier for inductive charging of the battery assembly (Shelly [0034]; where the wireless peripheral device of Figure 4 ‘32’ has an inductor/coil ‘35’ in the form of a spiral coil (induction coil), and [0045]; where ‘68’ of Figure 7 is a rectifying circuit (rectifier) and ‘35’ inductor/coil for the charging power circuit ‘64’ (battery assembly) with a battery ‘72’ (energy storage device such as a battery as stated)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portable ventilation system of modified Fogarty to include a rectifier and an induction coil as part of the battery assembly as taught by Shelly, since, a rectifier and an induction coil help to ensure proper signals are generated toward the battery to help manage battery power (Shelly [0046]).
Claims 21, 22, 26 and 27 are rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A), and further in view of Wang (CN 109876319 A).
Regarding claim 21, modified Fogarty discloses the portable ventilation system in claim 11.
Modified Fogarty is silent to a handle and a handle having a mask interface to connect with the inlet opening of the mask body, and being shaped to allow a user to retain the ventilation mask on a patient using a single hand, while simultaneously engaging the breath delivery mechanism with the single hand.
Wang discloses a portable ventilation mask comprising:
a handle having a mask interface to connect with the inlet opening of the mask body, and shaped to allow a user to retain the ventilation mask on a patient using a single hand, while simultaneously engaging the breath delivery mechanism with the single hand (Figure 2 below; where there is a handle that connects to the inlet opening of the mask body through an interface (mask interface) – the handle is shaped to allow the user to do actions with a single hand and the control button ‘25’ is connected to a blower allowing the user to engage in breath delivery with one hand).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portable ventilation mask of modified Fogarty to include a handle and a button to engage with the breath delivery mechanism all with one hand as taught by Wang, since, the handle allows the user to hold the mask by hand, making it more portable and more compact, therefore it is easier to use and the button allows the user to hold the mask with the handle and simultaneously deliver air to a user, which in turn makes the device more portable and easier to use also (Wang Summary of the invention [04], [08]).
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Figure 2: Annotated Figure 2 of Wang.
Regarding claim 22, modified Fogarty further discloses the portable ventilation system of claim 21.
Modified Fogarty fails to disclose a handle with a frustoconical shape that extends away from a main body of the blower assembly.
Wang discloses a portable ventilation mask wherein,
the handle has a frustoconical shape which extends away from a main body of the blower assembly (Figure 2 above; where the handle has a frustoconical shape at the end, ‘3’ is the blower assembly, and the frustoconical shape extends away from the blower assembly ‘3’).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation device of modified Fogarty to include a handle that has a frustoconical shape as taught by Wang, since, this shape allows the device to better conform to the user’s operating habits (Wang Detailed Ways [04]).
Furthermore, there is no evidence of record that establishes that changing the shape of the entire handle of the ventilation mask to be frustoconical would result in a functional difference of the modified Fogarty device. Further, a person having ordinary skill in the art, being faced with modifying the portable ventilation mask of Fogarty, would have a reasonable expectation of success in making such a modification and it appears the system would function as intended being given the claimed shape of the handle to the portable ventilation mask. Lastly, Applicant has not disclosed that the claimed shape solves any stated problem, that such a shape of the handle produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify portable ventilation mask of modified Fogarty to have the exact shape of the claimed portable ventilation mask as an obvious matter of design choice within the skill of the art.
Regarding claim 26, modified Fogarty in view of Wang further discloses the portable ventilation system of claim 21.
Modified Fogarty discloses wherein the breath delivery mechanism comprising a button (Fogarty [0049]; where there is a button than can be selectively engaged (manually operated) to activate the blower’s initiation of delivery of ventilation support (breath) to a subject).
Modified Fogarty fails to disclose a base unit, conical extension, or handle of a housing containing the blower assembly.
Wang discloses a portable ventilation mask wherein:
wherein the breath delivery mechanism comprises a button or other input element positioned on a base unit, conical extension, or handle of a housing containing the blower assembly (Figure 2 above; where ‘25’ is a control button (breath delivery mechanism) connected to the blower ‘3’ (assembly) that is position on the handle of the housing that contains the blower assembly ‘3’).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portable ventilation system of modified Fogarty to include a handle with the breath delivery mechanism as taught by Wang, since, the orientation of the control button is set to satisfy the user’s habits, allowing for the user to be able to press the button to deliver the breath and hold the mask against the user’s face (Wang [0033]).
Regarding claim 27, modified Fogarty further discloses the portable ventilation system of claim 25.
Modified Fogarty is silent to the button or other input element being positioned such that the user can retain the ventilation mask against the face of the subject and actuate the button or other input element with the same hand.
Wang discloses a portable ventilation device wherein:
wherein the button or other input element is positioned such that the user can retain the ventilation mask against the face of the subject and actuate the button or other input element with the same hand (Wang [0033]; where the button is positioned to satisfy the user’s habits, allowing for the user to be able to press the button to deliver the breath and hold the mask against the user’s face, and Figure 2 above; where when a user is holding the handle and pressing the button to deliver a breath to a patient, they can also retain the ventilation mask against the face of a subject in the same instance with one hand, because the button is close enough on the handle to the ventilation mask allowing for this action).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portable ventilation system of modified Fogarty to include the breath delivery mechanism being positioned such that user can hold the ventilation mask against the face and actuate the button as taught by Wang, since, the orientation of the control button is set to satisfy the user’s habits, allowing for the user to be able to press the button to deliver the breath and hold the mask against the user’s face (Wang [0033]).
Claim 28 is rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of O’Connor (US 4590951 A), and further in view of Chang (WO 2017131607 A1).
Regarding claim 28, modified Fogarty further discloses the portable ventilation system of claim 11.
Modified Fogarty fails to disclose a supplemental oxygen inlet.
Chang discloses an oxygen mask further comprising:
a supplemental oxygen inlet configured to introduce supplemental oxygen into the blower assembly or directly into the mask body (Chang Figure 5; ‘320’ is a supplemental oxygen inlet that is configured to introduce supplemental oxygen into the blower assembly or directly into the mask body – Chang [0103]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portable ventilation system of modified Fogarty by including a supplemental oxygen inlet on the mask body as taught by Chang, since, it allows or oxygen to be delivered via the port and the inlet allowing for a higher oxygen concentration than when only delivered by the inlet (Chang [0103]).
Claim 29 is rejected under 35 U.S.C. 103 as being obvious over Fogarty (US 20190070374 A1) in view of Beard (US 10335569 B2).
Regarding claim 29, Fogarty discloses a ventilation mask (Figure 1 above), comprising:
a mask body having an outer surface and an inner surface configured for engagement with a face of a subject, the mask body defining an inlet opening configured to receive airflow from a blower assembly (Figure 1 above; where ‘28’ is an inlet opening that receives air from the blower assembly ‘40’, and Fogarty [0031] lines 1-4; the mask ‘20’ has an inner surface configured for engagement with a face and an outer surface too).
Fogarty fails to disclose a procedure access port.
Beard discloses an oxygen face mask comprising:
a procedure access port (Beard [061]; capnography port formed in the wall of the mask body, e.g. Beard Figure 2 ‘12’) formed in a wall of the mask body, the procedure access port comprising one of:
a capnography port having a removable cap or tear-away seal configured to seal the capnography port before use; and an endoscope port having a sealing structure configured to permit passage of an endoscope through the endoscope port while reducing escape of air through the endoscope port (Beard [061]; where there is a port for sampling carbon dioxide (capnography port), [0160]; where the sealing cap ‘422’ is provided to be fitted to the gas sampling port of the mask and creates a seal, and is removable via a Luer-Lock fitting to seal the port before use).
Although, Beard does not explicitly disclose the removable cap configured to seal the capnography port before use, Beard does disclose a capnography port with a cap that is removable and seals the port. It would have been readily understood by one of ordinary skill in the art that the cap would seal the capnography port before use, because the cap can seal the port, so if the cap is closed before use, it is thereby sealing the port before use.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ventilation mask of Fogarty by including a cap with a capnography port as taught by Beard, since, a capnography port allows for the clinician to sample CO2 from the patient (Beard [061,063]), and because the cap seals the gas sampling port with the mask surface (Beard [0160]), allowing for a patient’s exhaled CO2 to be measured accurately, and stopping outside air from leaking in and diluting the gas sample.
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Darby (US 20150157818 A1): respiratory mask device with a blower assembly.
Gosweiler (US 20050103343 A1): portable blower and respiratory system with an inlet on the mask and a detachable tube for the blower.
Palou (US 20180110946 A1): respiratory mask with frustoconical shape on annular projections.
Beard (EP 2953538 B1): removable cap for a sampling part, with a capnography port.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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