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 .
Priority
Applicant Acknowledgment is made of Applicant’s claim for priority under 35 U.S.C. § 119(e) with reference to Application Number: 62/349,293 filed on 6/13/2016.
Claims 41-44 and 54-55 have support in the provisional application filed on 6/13/2016 and are given that priority date.
Claims 45-53 have support in the PCT application PCT/IB2017/053480 filed 6/13/2017 and are given that priority date.
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 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 41-44 and 55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ho (US PGPub 2009/0120442).
Regarding claim 41, Ho teaches a nasal mask interface assembly (see Fig. 1) comprising: a seal housing (Fig. 5, 11); a flexible nasal seal (Fig. 5, 10; see paragraph 34 “flexible” elastomeric material) connectable to the seal housing, the flexible nasal seal at least partially defining a mask cavity (see Fig. 4, cavity is formed in the housing), the flexible nasal seal extending between a face contacting side and an outer side (see Fig. 2; seal contacts the face at one end and extends towards an outer side to connect to a gas source), the flexible nasal seal comprising: a contacting surface (Fig. 4, 87) comprising an edge, the edge defining a nose-receiving opening into the mask cavity (see Fig. 4, nose opening formed by surface 87) and the edge being configured to seal about the user’s nose (see paragraph 35); and an under-nose support fixedly connected within the flexible nasal seal (Fig. 4, 29) the under-nose support extending into the mask cavity (see Fig. 4, 29 extends inward) the under-nose support having a contact surface that is oriented to contact at least a portion of the under-nose surface of the user (see paragraph 29)
Headgear comprising a single left side strap and a single right side strap (see fig. 1, single strap going along the face, one on each side), the single left side strap and the single right side strap being capable of extending over a left ear and a right ear of the user respectively (see fig. 1, the straps go over the ears); and
A yoke releasably connectable to the seal housing (fig. 3, yoke 150 connects to seal housing 10), the yoke comprising a pair of opposing distal ends (fig. 3, end with slot 152 on each end of the yoke), each of the pair of opposing distal ends of the yoke being connectable to a corresponding end of one of the single left side strap and the single right side strap such that the headgear is connected to the yoke to define a closed loop headgear system (see fig. 1 and paragraph 30, the ends have slots 152 that connect to the side straps, respectively, and define a closed headgear system).
Regarding claim 42, Ho further teaches wherein the under-nose support comprises an elongate main lateral portion (see fig. 4, elongate main lateral portion 29), the elongate main lateral portion connected to and suspended between opposing sidewall portions of the flexible nasal seal such that the elongate main lateral portion extends laterally within the mask cavity (see figs. 4 and 5, the main lateral portion is suspended between the sidewalls and extends laterally within the mask cavity).
Regarding claim 43, Ho further teaches wherein the under-nose support comprises an elongated strip or band of material (see fig. 4, strip of material 53), the elongated strip or band of material extending laterally across and within the flexible nasal seal between opposing sides of the flexible nasal seal (see fig. 4, strip 53 extends laterally between the opposing sides), the elongated strip or band of material being located rearwardly of the contacting surface (see fig. 5, strip 53 is located rearwardly of contacting surface 13), and the under-nose support being conformable with a sling-like effect to the under-nose surface of the use (see paragraph 47, strip 53 made of elastic material that presses against the under-nose of the user).
Regarding claim 44, Ho further teaches wherein the yoke is substantially elongate (see fig. 3, elongate yoke 150), the yoke comprising a strap connector located at or near each of the pair of opposing distal ends of the yoke such that there are a pair of strap connectors (see fig. 3 and paragraph 30, strap connector cutout 152 on each side of the yoke).
Regarding claim 55, Ho further teaches wherein each of the single left side strap and the single right side strap can extend along sides or cheeks of a face of the user (see fig. 1, the straps extend along the sides/cheeks of the user’s face).
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 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.
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Ho (US PGPub 2009/0120442) in view of McLaren et al. (WO 2014175752).
Regarding claim 45, Ho teaches all previous elements of the claim as stated above but does not teach wherein each of the pair of strap connectors comprises an end cap to provide a pair of end caps, the pair of end caps located with one of the pair of end caps at each of the pair of opposing distal ends of the yoke, and each of the pair of end caps being non-removably connected to the corresponding one of the pair of opposing ends of the yoke.
However, McLaren teaches an analogous nasal mask interface assembly (abstract and fig. 1) wherein the headgear comprises a pair of strap connectors (fig. 33, connectors 1304 on each end of the yoke) each of the pair of strap connectors comprises an end cap to provide a pair of end caps (see fig. 22, end caps on the end of housing 1304; see paragraph 198 ), the pair of end caps located with one of the pair of end caps at each of the pair of opposing distal ends of the yoke (see fig. 22, located on each end), and each of the pair of end caps being non-removably connected to the corresponding one of the pair of opposing ends of the yoke (see fig. 22 and paragraph 144, the headgear assembly and interface assembly can be integrally formed).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the yoke of Ho to have the attachment mechanism taught by McLaren comprising end caps so that the headgear can be adjusted using an auto-adjusting mechanism to achieve a “balanced fit” that reduces leaks and improves performance (see paragraph 12 of McLaren).
Claims 46-53 are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US PGPub 2009/0120442) in view of McLaren et al. (WO 2014175752 as applied to claim 45 above, and further in view of Lewis (US 4578843).
Regarding claim 46, Ho, as modified, teaches all previous elements of the claim as stated above but does not teach wherein each of the pair of end caps is over-molded onto a braided element of each of the single left side strap and the single right side strap.
However, Lewis teaches an analogous strap connector (abstract and fig. 1) wherein the end cap is overmolded onto a braided element of the strap (see col. 2, line 67 – col. 3, line 14, the braided strap is molded into end cap 12; see fig. 2).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the straps of Ho to have a braided element as Lewis teaches this is a known material used in straps and to modify the straps of Ho to be overmolded into the end caps, as taught by Lewis, for the purpose of connecting the strap and end cap in a manner that will not disconnect during usage (see Lewis col. 1, lines 28-29).
Regarding claim 47, Ho, as modified, teaches all previous elements of the claim as stated above but does not teach wherein the yoke defines a collector for core elements used in an automatically adjustable headgear.
However, McLaren teaches an analogous nasal mask interface assembly (abstract and fig. 1) wherein the yoke (fig. 22, yoke shown on the front of the mask between attachment points 1304) defines a collector for core elements used in an automatically adjustable headgear (see figs. 21-22 and paragraphs 198-200, the interior of the yoke defines a collector for the core elements 1316 to pass into).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the yoke of Ho to have a collector and the straps of Ho to have core elements collected by the collector, as taught by McLaren, for the purpose of adjusting the fit of the headgear to the user to improve performance (see McLaren paragraph 12).
Regarding claim 48, Ho, as modified, further teaches wherein the core elements extend within the braided element (braided strap material as modified by Lewis; see fig. 22 of McLaren, the core elements 1316 extend within the strap) of each of the single left side strap and the single right side strap (see fig. 1 of Ho, each side of the yoke connects to one strap, the end of the yoke having the attachment mechanism taught by McLaren), and each of the pair of end caps connect the braided element of each of the single left side strap and the single right side strap and headgear to the yoke to define the closed loop headgear system (as modified by McLaren, the end caps are on the ends of the yoke and connect the straps to the yoke to define a closed loop headgear system).
Regarding claim 49, Ho, as modified, further teaches wherein the yoke comprises one or more directional locks that interact with the core elements that extend from each of the single left side strap and the single right side strap of the automatically adjustable headgear (see McLaren figs. 21A-B and paragraphs 198-199, lock 1300 locks the core elements 1316 in place; Ho teaches a strap on each side of the yoke, each strap connects to the yoke through locking mechanism 1300 taught by McLaren within the attachment point to the yoke).
Regarding claim 50, Ho, as modified, further teaches wherein at least one of the one or more directional locks comprises a washer mechanism that frictionally engages with at least one of the core elements during elongation of the automatically adjustable headgear (Fig. 21A-21B, washer mechanism 1308 frictionally engages with core element 1316 as shown in fig. 21B; see paragraphs 198-199), the washer mechanism allowing relatively friction-free movement of the at least one of the core elements during retraction of the automatically adjustable headgear (see fig. 21A and paragraphs 198-199, in the configuration shown in fig. 21A, the core element is able to pass through the washer).
Regarding claim 51, Ho, as modified, further teaches wherein the one or more directional locks are adaptable between a locked configuration and an open configuration (see figs. 21A-21B and paragraphs 198-199 of McLaren).
Regarding claim 52, Ho, as modified, further teaches wherein, in the locked configuration, a path provided for the core elements through the one or more directional locks is non-linear or tortuous and movement of the core elements is restricted through the directional locks (see McLaren fig. 21B and paragraph 199, the angle of washer 1308 creates a non-linear path for the core element 1316 to apply friction and restrict movement of the core element).
Regarding claim 53, Ho, as modified, further teaches wherein, in the open configuration, a path is provided for the core elements to be pulled substantially freely though the directional locks (see paragraphs 198-199 and fig. 21A, the core elements can be pulled through the washer in the open configuration).
Claim 54 is rejected under 35 U.S.C. 103 as being unpatentable over Ho (US PGPub 2009/0120442) in view of Salmon et al. (WO 2010/131189).
Regarding claim 54, Ho teaches all previous elements of the claim as stated above but does not teach wherein the seal housing comprises a yoke channel and an exterior surface, the yoke channel extending laterally across the exterior surface of the seal housing, the yoke channel being capable of releasably receiving and retaining the yoke.
However, Salmon teaches an analogous nasal mask interface (see abstract and Fig. 1) comprising a yoke connected or connectable to the seal housing (see Fig. 5A, yoke 501 connects to seal housing at 503) wherein the seal housing comprises a yoke channel and an exterior surface, the yoke channel extending laterally across the exterior surface of the seal housing (see 5A, opening 503 in an exterior of the housing comprised of channel that receive yoke 501, the channel extends laterally), the yoke channel being capable of releasably receiving and retaining the yoke (see fig. 5A and pg. 16, line 25- pg. 17 line 2).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the housing of Ho to include a yoke channel for connecting the yoke to the seal housing, as taught by Salmon, for the purpose of providing a connection between the nasal seal housing and the headgear housing that secures the straps and ensures a proper seal when in use (see page 16, lines 34- page 17 line 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boden (4288891) which discloses a cord lock; Brambilla et al (US PGPub 20140276177) which discloses a yoke with end caps; Dunn (US PGPub 20150290415) which discloses an adjustable headgear.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAVANNAH GABRIEL whose telephone number is (571)272-6462. The examiner can normally be reached on 7:30 - 4:30 M-F.
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/S.G./Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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