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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/19/2026 has been entered.
Response to Amendment
The amendments filed 6/19/2026 have been entered. Accordingly, claims 1, 3, 6-7, 9, 14, 18-29 are pending in the current application. The amendments have overcome the 112b rejections previously set forth in the final rejection dated 3/19/2026.
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.
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.
Claim(s) 1, 3, 6-7, 9, 14, 18-23, and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over McKown (US 2004/0025884 A1) in view of Gulliver et al. (US 2015/0090255 A1) and in further view of Roberts (US 2017/0065785 A1).
Regarding claim 1, McKown teaches a headgear assembly for securing a nasal cannula to a subject (nasal cannula apparatus comprising a headgear assembly 2, Abstract and Figure 3), the headgear assembly comprising: a headband having a first end and a second end (headgear 2 comprises a crown headband portion 25 comprising a first and second end 26, 27, Paragraph 0075 and Figure 3); and a first tube securement member coupled to the headband proximate to the fist end (the headgear 2 comprises two cannula retainers 20 coupled to the first and second ends 26, 27 of the headband 25, Paragraph 0078 and Figure 3), a second tube securement member coupled to the headband proximate the second end (the headgear 2 comprises two cannula retainers 20 coupled to the first and second ends 26, 27 of the headband 25, Paragraph 0078 and Figure 3), wherein each of the first tube securement member and the second tube securement member comprise a unitary body comprising a tubular wall (arched cannula retainers 20 comprise distal and proximal tubular wall portions 53 and 55, respectively, as described in Paragraphs 0066-0067) defining a curved tubular channel extending from a first open channel to a second open channel end (the distal and proximal wall portions 53, 55 of the arced retainers 50 form a curved groove 54 with a first and second end, Figure 8 and Paragraph 0066), the curved tubular channel having a generally circular transverse cross-section and a longitudinal centerline that defines a generally C-shaped bend between the first open channel end and the second open channel end (the arced retainer 50 forms a C-shaped curved groove 54 between its first and second ends such that groove has a generally circular transverse cross-section and a centerline that bends between the first and second open ended channels, Figures 7-8 and Paragraph 0066), wherein the curved tubular channel is preformed to define and maintain the generally C-shaped bend between the first and second open channel end (C-shaped groove 54 is preformed to maintain the nasal cannula tube in place, Paragraph 0067 and Figures 7-8) wherein, in a transverse cross-section of the curved tubular channel, the tubular wall extends circumferentially around the curved tubular channel (the distal and proximal wall portions 53, 55 extend circumferentially around the curved groove 54, Figure 8) wherein the tubular wall includes a first edge and a second edge extending along a length of the tubular wall, the first and second edge being spaced apart from each other to define a longitudinal opening that is open to the curved tubular channel, the longitudinal opening extending continuously from the first open channel end to the second open channel end (see Annotated Figure 8 provided below – showing the tubular wall portions 53, 55 having a first and second edge, such that they are spaced apart from one another to form an opening therebetween, wherein the opening extends along the curved groove 54 from its first end to second end) and having a width less than a maximum internal diameter of the curved tubular channel (opening formed by walls 53, 55 has a width less than a maximum internal diameter of the groove 54, Figure 8) and securable by the respective tube securement member wherein the longitudinal opening and the tubular wall cooperate such that the respective tube is pressable laterally into the curved tubular channel and, once received in the curved tubular channel, the respective tube is retained by the tubular wall against lateral removal through the longitudinal opening during use (the curved tubular groove 54 formed by the walls 53, 55 of the arched retainer 50 is adapted to retain a cannula supply tube 11, 122 therein, Paragraphs 0066-0067).
PNG
media_image1.png
493
469
media_image1.png
Greyscale
Annotated Figure 8
However, Although McKown discloses a tubular wall configured to securely retain a nasal cannula tube (groove 54 configured to retain a tube, Paragraph 0066 and Figure 8), McKown doesn’t explicitly state the tubular wall enclosing more than half of the cross-section perimeter of the curved tubular channel, such that the tubular channel has a width less than an outer diameter of a respective tube connected to the nasal cannula; and Although McKown teaches an arched nasal cannula tube retainer comprising a curved, C-shaped tubular channel (grooved arced retainers 50 comprising tubular groove formed therewithin, Paragraphs 0066-0067 and Figures 7-8), further teaching the radius of curvature of the groove 54 may vary between 1 inch to 10 inches (Paragraph 0066) McKown doesn’t explicitly the curved tubular channel bending through an angle greater than or equal to 180 degrees.
Regarding the curved tubular channel enclosing more than half of the cross-section perimeter of the curved tubular channel, such that the tubular channel has a width of less than an outer diameter of a respective tube connected to the nasal cannula, Gulliver teaches a nasal cannula tube securement system (tube securement 205, Figure 4 and Abstract) comprising a tubular channel form by tubular walls (tubular cavity 218 is formed between walls 240, Figure 4 and Paragraph 0311) such that the tubular wall encloses more than half of the cross-section perimeter of the curved channel, such that the tubular channel has a width less than an outer diameter of the respective tube the channel is configured to retain in place (the cavity 218 formed by the walls 240 of the tube securement 205 has a lateral dimension slightly smaller than a diameter of the tube, so that the tube is gripped firmly by the clip, Paragraph 0311 and Figure 4).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify McKown’s headgear assembly by having the curved tubular channel enclose more than half of the cross-section perimeter of the channel, such that the width of the tubular channel is less than an outer diameter of the tube it is configured to secure in place, as taught by Gulliver, as providing such a configuration would further aide in the firm securement and/or gripping of the nasal cannula tube within the channel of the nasal cannula retaining structures (Paragraph 0311 of Gulliver).
Regarding the curved channel bending at an angle greater than or equal to 180 degrees, Roberts teaches a headgear assembly configured to secure a nasal cannula tube in place while the device is being used (Abstract and Figure 1) comprising a generally C-shaped curved tubular channel securing the nasal cannula tube (holding piece 402 comprises a C-shaped seam (shown as stitching) bending at an angle greater than or equal to 180 degrees to therefore hold nasal cannula tubing in place, Paragraph 0034 and Figure 4)).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify McKown’s headgear assembly by having the curved tubular channel groove 54 bend at an angle of 180 degrees or greater, as taught by Roberts, as having the arced retaining structures bend at a larger angle may further enhance the securement of the nasal tubing with the retainer, as a sharper angle bend may prevent the tubing from slipping.
Regarding claim 3, McKown further teaches wherein the headgear assembly is configured such that, when worn by the subject, each respective tube connected to the nasal cannula is routed away from the subject’s ears so that no portion of the tube contacts the subject's ears (the retainers 50 are affixed to the headgear 5 such that neither the supply tubes 11 and 12 or the fasteners 50 rub on the patient’s ears or face, Paragraph 0024 and Figures 2-3).
Regarding claim 6, McKown further teaches wherein the first edge extends along a first plane (see proximal 55 portion extending along a first plane, Figure 8 and the second edge extends along a second plane that is spaced from the first plane) and said second edge (distal 53 edge spaced apart and extending along a second plane, Figure 8).
Regarding claim 7, McKown further teaches wherein a second edge defining the longitudinal opening is inset from the first edge defining the longitudinal slot (see spatial arrangement of the distal 53 portion with respect to the proximal portion 55, Figure 8).
Regarding claim 9, McKown further teaches wherein the tubular wall applies a compressive force to the respective ube received in the curved tubular channel to retain the respective tube by frictional engagement (the groove 54 of the arced retainer 50 is sized such that it receives and holds a standard nasal cannula tubing 11, 12, Paragraph 0066-0067).
Regarding claim 14, McKown further teaches further comprising the nasal cannula and first and second tubes connected to the nasal cannula, wherein the first and second tubes are securable by the first and second tube securement members, respectively (nasal cannula 18 and supply tubes 11, 12, first and second cannula retainers 50 secure each respective supply tube, Figure 2).
Regarding claim 18, McKown further teaches wherein the headband defines a support path over an upper portion of the subject's head such that, when the headgear assembly is worn, the first and second tube securement members are positioned anterior to the subject's ears (headgear assembly 2 comprises a crown headband portion 25 worn on an upper portion of the subject’s head, the length of the headband material is adjustable, therefore allowing the retainers 50 to be placed anywhere along the length of the headband material, therefore the arced retainers 50 are fully capable of being positioned anterior to the subject’s ears, Paragraph 0060 and Figures 1-3).
Regarding claim 19, McKown further teaches wherein the headband is configured to extend over a top portion of the subject's head and to position the first and second tube securement members, when worn, above a level of the subject's cheek and below a level of the subject's eyebrow (headgear assembly 2 comprises a crown headband portion 25 worn on an upper portion of the subject’s head, the length of the headband material is adjustable, therefore allowing the retainers 50 to be placed anywhere along the length of the headband such that the arced retainers 50 are fully capable of being positioned above a level of the subject’s cheeks and below a level of the subject’s eyebrow, Figures 1-3).
Regarding claim 20, McKown further teaches wherein the first and second tube securement members are coupled to the headband at locations that position each tube securement member, when worn, between a respective ear and a respective eye of the subject (headgear assembly 2 comprises a crown headband portion 25 worn on an upper portion of the subject’s head, head, the length of the headband material is adjustable, therefore allowing the retainers 50 to be placed anywhere along the length of the headband, therefore the arced retainers 50 are fully capable of being positioned between a respective ear and eye of the subject, Paragraph 0060 and Figures 1-3).
Regarding claim 21, McKown further teaches wherein the headband and the tube securement members cooperate to laterally offset the tube securement members forward of the subject's ears when worn (the length of the headband material is adjustable, therefore allowing the retainers 50 to be placed anywhere along the length of the headband, therefore the retainers are fully capable of being forward with respective to the user’s ears when worn, Paragraph 0060 and Figures 1-3).
Regarding claim 22, McKown further teaches wherein the first tube securement member and the second tube securement member are discrete components that are separate from one another and independently coupled to the headband (the arced retainers 50 are separate and discrete components independently affixed to the material 81 of the headband 25, Paragraph 0066 and Figures 1-3).
Regarding claim 23, McKown further teaches wherein the longitudinal opening of each tube securement member faces away from skin of the subject when the headgear assembly is worn (the groove 54 of each arced retainer 50 is positioned away from the skin the subject when assembly is worn, Figures 1-3).
Regarding claim 25, McKown further teaches wherein the longitudinal opening of each tube securement member faces toward an interior of the generally C-shaped bend of the curved tubular channel (the curved groove 54 faces towards an interior of the C-shaped bend of the curved channel, Figures 7-8).
Regarding claim 26, McKown teaches a method of securing a nasal cannula to a subject using a headgear assembly (nasal cannula apparatus comprising a headgear assembly 2, Abstract and Figures 1-3; headband assembly 2 comprises two arced cannula retainers 50 configured to secure nasal cannula tubes 11, 12, Paragraph 0067 and Figures 7-8), the method comprising: providing a headband having a first end and a second end (headgear 2 comprises a crown headband portion 25 comprising a first and second end 26, 27, Paragraph 0075 and Figure 3); providing a first tube securement member coupled to the headband proximate the first end (the headgear 2 comprises two cannula retainers 20 coupled to the first and second ends 26, 27 of the headband 25, Paragraph 0078 and Figure 3) and a second tube securement member coupled to the headband proximate the second end (the headgear 2 comprises two cannula retainers 20 coupled to the first and second ends 26, 27 of the headband 25, Paragraph 0078 and Figure 3), each of the first and second tube securement members comprising: a unitary body having a tubular wall (the cannula retainers 20 are unitary bodies and may take the shape of an arced retainer 50 comprising an arched structure (wall) as shown in Figure 8 and described in Paragraph 0066) that defines a curved tubular channel extending from a first open channel end to a second open channel end (the arced retainers 50 form a curved groove 54 with a first and second end, Figure 8 and Paragraph 0066), the curved tubular channel having a generally circular transverse cross-section and a longitudinal centerline that defines a generally C-shaped bend between the first open channel end and the second open channel end (the arced retainer 50 forms a C-shaped curved groove 54 between its first and second ends such that groove has a generally circular transverse cross-section and a centerline that bends between the first and second open ended channels, Figures 7-8 and Paragraph 0066), wherein the curved tubular channel is preformed to define and maintain the generally C-shaped bend between the first and second open channel end (C-shaped groove 54 is preformed to maintain the nasal cannula tube in place, Paragraph 0067 and Figures 7-8) wherein, in a transverse cross-section of the curved tubular channel, the tubular wall extends circumferentially around the curved tubular channel (the distal and proximal wall portions 53, 55 extend circumferentially around the curved groove 54, Figure 8) wherein the tubular wall includes a first edge and a second edge extending along a length of the tubular wall, the first and second edge being spaced apart from each other to define a longitudinal opening that is open to the curved tubular channel, the longitudinal opening extending continuously from the first open channel end to the second open channel end (see Annotated Figure 8 provided below – showing the tubular wall portions 53, 55 having a first and second edge, such that they are spaced apart from one another to form an opening therebetween, wherein the opening extends along the curved groove 54 from its first end to second end) and having a width less than a maximum internal diameter of the curved tubular channel (opening formed by walls 53, 55 has a width less than a maximum internal diameter of the groove 54, Figure 8); positioning the headband on the subject's head (see Figure 1); laterally pressing a first tube connected to the nasal cannula through the longitudinal opening and into the curved tubular channel of the first tube securement member (the groove 54 of the arced retainer 50 is sized such that it receives and holds a standard nasal cannula tubing 11, 12, Paragraph 0066-0067).; and laterally pressing a second tube connected to the nasal cannula through the longitudinal opening and into the curved tubular channel of the second tube securement member (the groove 54 of the arced retainer 50 is sized such that it receives and holds a standard nasal cannula tubing 11, 12, Paragraph 0066-0067), wherein the longitudinal opening and the tubular wall cooperate to resist lateral removal of the respective tubes from the curved tubular channel during use (the curved tubular groove 54 formed by the walls of the arched retainer 50 is at least half the diameter of the cannula supply tub 11, 12 to therefore sufficiently retain the cannula tube, therefore resisting lateral removal of the tube while the in use, Paragraph 0067 and Figure 8).
PNG
media_image1.png
493
469
media_image1.png
Greyscale
Annotated Figure 8
However, Although McKown discloses a tubular wall configured to securely retain a nasal cannula tube (groove 54 configured to retain a tube, Paragraph 0066 and Figure 8), McKown doesn’t explicitly state the tubular wall enclosing more than half of the cross-section perimeter of the curved tubular channel, such that the tubular channel has a width less than an outer diameter of a respective tube connected to the nasal cannula; and Although McKown teaches an arched nasal cannula tube retainer comprising a curved, C-shaped tubular channel (grooved arced retainers 50 comprising tubular groove formed therewithin, Paragraphs 0066-0067 and Figures 7-8), further teaching the radius of curvature of the groove 54 may vary between 1 inch to 10 inches (Paragraph 0066) McKown doesn’t explicitly the curved tubular channel bending through an angle greater than or equal to 180 degrees.
Regarding the curved tubular channel enclosing more than half of the cross-section perimeter of the curved tubular channel, such that the tubular channel has a width of less than an outer diameter of a respective tube connected to the nasal cannula, Gulliver teaches a nasal cannula tube securement system (tube securement 205, Figure 4 and Abstract) comprising a tubular channel form by tubular walls (tubular cavity 218 is formed between walls 240, Figure 4 and Paragraph 0311) such that the tubular wall encloses more than half of the cross-section perimeter of the curved channel, such that the tubular channel has a width less than an outer diameter of the respective tube the channel is configured to retain in place (the cavity 218 formed by the walls 240 of the tube securement 205 has a lateral dimension slightly smaller than a diameter of the tube, so that the tube is gripped firmly by the clip, Paragraph 0311 and Figure 4).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify McKown’s headgear assembly by having the curved tubular channel enclose more than half of the cross-section perimeter of the channel, such that the width of the tubular channel is less than an outer diameter of the tube it is configured to secure in place, as taught by Gulliver, as providing such a configuration would further aide in the firm securement and/or gripping of the nasal cannula tube within the channel of the nasal cannula retaining structures (Paragraph 0311 of Gulliver).
Regarding the curved channel bending at an angle greater than or equal to 180 degrees, Roberts teaches a headgear assembly configured to secure a nasal cannula tube in place while the device is being used (Abstract and Figure 1) comprising a generally C-shaped curved tubular channel securing the nasal cannula tube (holding piece 402 comprises a C-shaped seam (shown as stitching) bending at an angle greater than or equal to 180 degrees to therefore hold nasal cannula tubing in place, Paragraph 0034 and Figure 4)).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify McKown’s headgear assembly by having the curved tubular channel groove 54 bend at an angle of 180 degrees or greater, as taught by Roberts, as having the arced retaining structures bend at a larger angle may further enhance the securement of the nasal tubing with the retainer, as a sharper angle bend may prevent the tubing from slipping.
Regarding claim 27, McKown in view of Gulliver and Roberts teach the assembly of claim 1, with McKown further teaching wherein, when the headgear assembly is worn by the subject, each curved tubular channel is positioned and oriented to receive a portion of a respective tube extending from the nasal cannula and to curve or bend the respective tube downwardly toward a front of the subject's chest without the respective tube extending over a respective ear of the subject (see Figures 2 and 8 showing when headgear assembly is worn, each curved tubular channel of cannula retainer 20/50 is positioned to orient the tubing 11, 12, to curve or bend downwardly without touching the user’s ear).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over McKown (US 2004/0025884 A1) in view of view of Gulliver et al. (US 2015/0090255 A1), Roberts (US 2017/0065785 A1).and in further view of Pal (WO 2006/113913 A2).
Regarding claim 24, McKown in view of Gulliver and Roberts teach the headgear assembly of claim 1, and although both McKown and Roberts teach curved tubular channels with a generally circular configuration(s), they don’t explicitly state wherein the curved tubular channel has a generally omega-shaped configuration.
However, Pal teaches a device comprising a receiving cavity intended to secure a medical cannula tube (Abstract) wherein the cavity comprises a curved tubular channel with an omega-shaped configuration (the receiving cavity 159 may have the shape of a groove, arch, curved, omega-shape, and the like, Page 56 lines 17-24 and Figure 9B).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify McKown’s headgear assembly such that the curved groove 54 of each arced retainer 50 has an omega-shaped configuration, as the tabs of the omega configuration may assist the user in removing the cannula tubes as needed.
Claim(s) 28-29 are under 35 U.S.C. 103 as being unpatentable over McKown (US 2004/0025884 A1) in view of Gulliver et al. (US 2015/0090255 A1).
Regarding claim 28, McKown teaches a headgear assembly for securing tubing of a nasal cannula relative to a subject’s head (headgear assembly 2 for securing tubing 11, 12 of a nasal cannula relative to a user’s head, Abstract and Figures 2-3), the headgear assembly comprising: a headband configured to extend over an upper portion of the subject’s head (headgear 2 comprises a crown headband portion 25 comprising a first and second end 26, 27, Paragraph 0075 and Figure 3); and first and second tube securement members coupled to opposite lateral portions of the headband, the first and second tube securement members being positioned by the headband, when the headgear assembly is worn by the subject, anterior to and spaced apart from respective ears of the subject (the headgear 2 comprises two cannula retainers 20 configured to secure tubing 11, 12, and coupled to opposite lateral portions of the headband 25, such that when the headgear 2 is worn by the subject, the retainers 20 are anterior to and spaced away from the ears of the subject, Figures 2-3 and Paragraph 0060), wherein each of the first and second tube securement members comprising a unitary body comprising a tubular wall (arched cannula retainers 20 comprise distal and proximal tubular wall portions 53 and 55, respectively, as described in Paragraphs 0066-0067) defining a curved tubular channel extending from a first open channel to a second open channel end (the distal and proximal wall portions 53, 55 of the arced retainers 50 form a curved groove 54 with a first and second end, Figure 8 and Paragraph 0066), the curved tubular wall including first and second longitudinal edges spaced apart from each other to define a longitudinal opening extending continuously from the first open channel end to the second open channel end, the longitudinal opening being narrower than a maximum internal diameter of the curved tube-receiving channel (see Annotated Figure 8 provided below – showing the tubular wall portions 53, 55 having a first and second edge, such that they are spaced apart from one another to form an opening therebetween, wherein the opening extends along the curved groove 54 from its first end to second end; opening formed by walls 53, 55 has a width less than a maximum internal diameter of the groove 54, Figure 8) the curved tube-receiving channel and longitudinal opening being sized to receive a tube of the nasal cannula by lateral press-in insertion through the longitudinal opening and to retain the tube against lateral removal through the longitudinal opening during use (the curved tubular groove 54 formed by the walls 53, 55 of the arched retainer 50 is adapted to retain a cannula supply tube 11, 122 therein, Paragraphs 0066-0067); and the curved tube-receiving channel of each the first and second tube securement members having, when headgear assembly is worn by the subject, an anterior channel end positioned to receive a respective tube extending from the nasal cannula and an inferior channel end positioned below the anterior end to direct the respective tube downwardly toward a front of the subject’s chest without the respective tube extending over the respective ear (see Figures 2 and 8 showing when headgear assembly is worn, each curved tubular channel of cannula retainer 20/50 is positioned to orient the tubing 11, 12, to curve or bend downwardly without touching the user’s ear).
PNG
media_image1.png
493
469
media_image1.png
Greyscale
Annotated Figure 8
However, Although McKown discloses a tubular wall configured to securely retain a nasal cannula tube (groove 54 configured to retain a tube, Paragraph 0066 and Figure 8), McKown doesn’t explicitly state the curved tubular wall extending around more than half of a cross-sectional perimeter of the curved tube-receiving channel.
However, Gulliver teaches a nasal cannula tube securement system (tube securement 205, Figure 4 and Abstract) comprising a tubular channel form by tubular walls (tubular cavity 218 is formed between walls 240, Figure 4 and Paragraph 0311) such that the tubular wall encloses more than half of the cross-section perimeter of the curved channel, such that the tubular channel has a width less than an outer diameter of the respective tube the channel is configured to retain in place (the cavity 218 formed by the walls 240 of the tube securement 205 has a lateral dimension slightly smaller than a diameter of the tube, so that the tube is gripped firmly by the clip, Paragraph 0311 and Figure 4).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify McKown’s headgear assembly by having the curved tubular channel enclose more than half of the cross-section perimeter of the channel, such that the width of the tubular channel is less than an outer diameter of the tube it is configured to secure in place, as taught by Gulliver, as providing such a configuration would further aide in the firm securement and/or gripping of the nasal cannula tube within the channel of the nasal cannula retaining structures (Paragraph 0311 of Gulliver).
Regarding claim 29, McKown further discloses wherein each tube securement member (arched retainers 50, Figure 8) has a subject-facing side configured to face the subject when the headgear assembly is worn (see retainer 50 comprising a subject facing side 32, Figure 8), and wherein, in a direction extending away from the subject-facing side, the second longitudinal edge is positioned farther from the subject-facing side than the first longitudinal edge (see longitudinal edge 53 positioned further away from subject facing side 32 than longitudinal edge 55, Figure 8), the second longitudinal edge being inset from the first longitudinal edge toward an interior of the curved tube- receiving channel such that the longitudinal opening is oriented at an angle relative to the subject- facing side (see the spatial relationship between the edges 53, 55, Figure 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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 on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
Prosecution Insights