Prosecution Insights
Last updated: April 17, 2026
Application No. 18/251,376

RESPIRATION FLOW APPARATUS

Non-Final OA §DP
Filed
May 01, 2023
Examiner
VO, TU A
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
330 granted / 551 resolved
-10.1% vs TC avg
Strong +60% interview lift
Without
With
+60.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
52 currently pending
Career history
603
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
36.1%
-3.9% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
32.6%
-7.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 551 resolved cases

Office Action

§DP
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 . Response to Amendment This office action is responsive to a preliminary amendment filed on 5/1/2023. As directed by the amendment, claims 1-19 were cancelled and new claims 20-26 were added. Thus, claims 20-26 are presently pending in this application. Drawings The drawings are objected to because figs. 1-2, 4, 5, 6, 7, 8, 9, 10, 12, 13, and 14 show a plurality of free floating structures, however, it is unclear if the plurality of structures are part of the same assembly, if the plurality of structures are part of the same assembly, some form of connection such as a connecting axis or a bracket is missing. If the plurality of structures are part of the same assembly, suggest to add some form of connection to show that they are part of the same assembly, if they are not, each structure should to be in a separate figure. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 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: the limitation “a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus” (claims 20 and 24, lines 6-7, the limitation “element” is a generic place holder and the function is “for providing direct air flow from the mouth to an environment outside of the apparatus”). 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. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: a ducted air channel element: mouthpiece “106” or “110” (paragraphs 0033 and 0040 of the specification). Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 20-26 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over patented claims 1-7 of US Patent No. 11,491,355 in view of Chen (2005/0015838). Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between the instant claims and the patented claims are minor and obvious from each other. Regarding instant application claims 20-26, see the following comparison between the patented claims 1-7 and the instant application claims 20-26. Underline in the application claims 20-26 represent features that are in addition to the patented claims 1-7. Patented claims 1-7 Application claims 20-26 1. A ducted breathing apparatus comprising: a face cover for sealing only an area including and between a nose and a mouth of a user's face; wherein the face cover further comprises a mask cavity, and wherein the face cover further comprises a filter material; a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus; a compression nut seal ring and an air channel for providing a sealed mating connection between the ducted air channel element and the face cover; a valve diaphragm configured to only open to expel exhalation gas from the user; a connector seal ring is configured to support the valve diaphragm, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring; a vent shield connected to the connector seal ring and is configured to cover the valve diaphragm; wherein the valve diaphragm is located between the connector seal ring and the vent shield; and a heat shield being positioned between the connector seal ring and the vent shield, and the heat shield having an inner diameter and an outer diameter, the outer diameter is larger than an outermost diameter of the connector seal ring, and wherein the heat shield is further configured to shield the user from heat generated from the exhaled gas that exited from the vent shield and divert and direct the exhaled gas that exited from the vent shield away from a portion of the face cover. 2. The apparatus of claim 1, wherein the ducted air channel element is connected to the compression nut seal ring via one of friction, screw threads, or adhesives. 3. The apparatus of claim 1, wherein the connector seal ring configured for mating to the compression nut seal ring via sandwiching a portion of the face cover. 4. The apparatus of claim 1, further comprising at least one strap attached to the face cover for securing the apparatus against the user's face. 5. A ducted breathing apparatus comprising: a face cover for sealing only an area including and between a nose and a mouth of a user's face; wherein the face cover further comprises a mask cavity, wherein the face cover comprises a filter material; a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus; a compression nut seal ring and an air channel for providing a sealed mating connection between the ducted air channel element and the face cover, wherein the air channel comprises an external surface that is threaded; a valve diaphragm configured to only open to expel exhalation gas from the user; a connector seal ring is configured to support the valve diaphragm, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring; a vent shield connected to the connector seal ring and is configured to cover the valve diaphragm, wherein the valve diaphragm is located between the connector seal ring and the vent shield; and wherein the vent shield comprises a female threaded surface that is configured to receive and secure with a male threaded portion of the connector seal ring, wherein the connector seal ring comprises a female threaded surface configure to interface with the external threaded surface of the air channel and the female threaded surface of the connector seal ring is configured to receive a portion of the air channel, and wherein the compression nut seal is configured to engage the external threaded surface of the air channel to secure the ducted air channel element to the face cover and the connector seal ring. 6. The apparatus of claim 5, wherein the connector seal ring configured for mating to the compression nut seal ring via sandwiching a portion of the face cover. 7. The apparatus of claim 5, further comprising at least one strap attached to the face cover for securing the apparatus against the user's face. 20. A ducted breathing apparatus comprising: a face cover for sealing only an area including and between eyes, a nose and a mouth of a user's face; wherein the face cover further comprises a mask cavity, and wherein the face cover further comprises a filter material; a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus; a compression nut seal ring and an air channel for providing a sealed mating connection between the ducted air channel element and the face cover; a valve diaphragm configured to only open to expel exhalation gas from the user; a connector seal ring is configured to support the valve diaphragm, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring; a vent shield connected to the connector seal ring and is configured to cover the valve diaphragm; wherein the valve diaphragm is located between the connector seal ring and the vent shield; and a heat shield being positioned between the connector seal ring and the vent shield, and the heat shield having an inner diameter and an outer diameter, the outer diameter is larger than an outermost diameter of the connector seal ring, and wherein the heat shield is further configured to shield the user from heat generated from the exhaled gas that exited from the vent shield and divert and direct the exhaled gas that exited from the vent shield away from a portion of the face cover. 21. The apparatus of claim 20, wherein the ducted air channel element is connected to the compression nut seal ring via one of friction, screw threads, or adhesives. 22. The apparatus of claim 20, wherein the connector seal ring configured for mating to the compression nut seal ring via sandwiching a portion of the face cover. 23. The apparatus of claim 20, further comprising at least one strap attached to the face cover for securing the apparatus against the user's face. 24. A ducted breathing apparatus comprising: a face cover for sealing only an area including and between eyes, a nose and a mouth of a user's face; wherein the face cover further comprises a mask cavity, wherein the face cover comprises a filter material; a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus; a compression nut seal ring and an air channel for providing a sealed mating connection between the ducted air channel element and the face cover, wherein the air channel comprises an external surface that is threaded; a valve diaphragm configured to only open to expel exhalation gas from the user; a connector seal ring is configured to support the valve diaphragm, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring; a vent shield connected to the connector seal ring and is configured to cover the valve diaphragm, wherein the valve diaphragm is located between the connector seal ring and the vent shield; and wherein the vent shield comprises a female threaded surface that is configured to receive and secure with a male threaded portion of the connector seal ring, wherein the connector seal ring comprises a female threaded surface configure to interface with the external threaded surface of the air channel and the female threaded surface of the connector seal ring is configured to receive a portion of the air channel, and wherein the compression nut seal is configured to engage the external threaded surface of the air channel to secure the ducted air channel element to the face cover and the connector seal ring. 25. The apparatus of claim 24, wherein the connector seal ring configured for mating to the compression nut seal ring via sandwiching a portion of the face cover. 26. The apparatus of claim 24, further comprising at least one strap attached to the face cover for securing the apparatus against the user's face. With respect to the additional features recited in claims 20-26, the patented claims 1-7 fail to recite the inclusion of the face cover for sealing an area including and between the eyes, nose and mouth. However, Chen teaches a face cover for covering an area including and between the eyes, nose and mouth of a user (see 10 and 20 in figs. 1-3 and paragraphs 0010, 0016, 0022, and 0026). Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the face cover of the patented claims 1-7 to also cover the eyes as taught by Chen for the purpose of providing eye protection to the user, thereby, providing safety to the user (see paragraphs 0010, 0016, 0022, and 0026 of Chen). Allowable Subject Matter Claims 20-26 are allowed over the prior art. The following is an examiner’s statement of reasons for indicating allowable subject matter: The closest prior art of record Chen (2005/0015838), Gorman (2007/0283964), and 김춘택 (KR 200480161) do not specifically disclose the claimed apparatus as presented in the claims 20-26. Regarding claim 20, Chen teaches a face cover for covering an area including and between the eyes, nose and mouth of a user (see 10 and 20 in figs. 1-3 and paragraphs 0010, 0016, 0022, and 0026). Gorman discloses a ducted breathing apparatus (entire device in fig. 1 with reference to fig. 4) comprising: a face cover (1, fig. 1, paragraph 0015) for sealing a mouth a user’s face (see paragraph 0016 and abstract and full disclosure, the device is attached to a filtering face mask where the mouth exhaled through the mouthpiece 3), wherein the face cover further comprises a mask cavity (see fig. 1, the mask is concave and would have a cavity to accommodate the user’s face), and wherein the face cover further comprises a filter material (see abstract, the device filters air during inhalation and exhaled air through the mouthpiece 3, and that 1 is a filtering face mask); a ducted air channel element (3, fig. 1) for providing direct air flow from the mouth to an environment outside of the apparatus (paragraphs 0015-0018 and abstract); a compression nut seal ring (4 on the left of fig. 4, paragraphs 0022-0023) and an air channel (8, fig. 4) for providing a sealed mating connection between the ducted air channel element and the face cover (see fig. 1 with reference to fig. 4 and paragraphs 0022-0023); a valve (5, paragraph 0015 with reference to the abstract) configured to only open to expel exhalation gas from the user; a connector seal ring (4 and 2 on the right of fig. 4) is configured to support the valve, wherein the compression seal ring (4 and 2 on the right of fig. 4), the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring (see fig. 1); but fails to disclose a valve diaphragm, a vent shield connected to the connector seal ring and is configured to cover the valve diaphragm, wherein the valve diaphragm is located between the connector seal ring and the vent shield; and a heat shield being positioned between the connector seal ring and the vent shield, and the heat shield having an inner diameter and an outer diameter, the outer diameter is larger than an outermost diameter of the connector seal ring, and wherein the heat shield is further configured to shield the user from heat generated from the exhaled gas that exited from the vent shield and divert and direct the exhaled gas that exited from the vent shield away from a portion of the face cover. 김춘택 discloses a ducted breathing apparatus (apparatus 1 shown in figs. 1-3) comprising a face cover for sealing only an area including and between a nose and a mouth of a user’s face (see face cover 120 and 110, see page 3, lines 24-26 and page 6, paragraph 8 of the English translation), and a valve diaphragm (diaphragm of 240, see where 241 is pointing to in figs. 1-3) and a vent shield (right most structure of 240 covering the flap 241), a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus (211 and 212, see figs. 1-7), but fails to disclose a connector seal ring, a compression nut seal ring, wherein the valve diaphragm is located between the connector seal ring and the vent shield; and a heat shield being positioned between the connector seal ring and the vent shield, and the heat shield having an inner diameter and an outer diameter, the outer diameter is larger than an outermost diameter of the connector seal ring, and wherein the heat shield is further configured to shield the user from heat generated from the exhaled gas that exited from the vent shield and divert and direct the exhaled gas that exited from the vent shield away from a portion of the face cover. Chen, Gorman, 김춘택 fail to disclose the combination of a face cover for sealing only an area including and between eyes, a nose and a mouth of a user’s face, the face cover further comprises a filter material, a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus and a connector seal ring, a compression nut seal ring, wherein the valve diaphragm is located between the connector seal ring and the vent shield; and a heat shield being positioned between the connector seal ring and the vent shield, and the heat shield having an inner diameter and an outer diameter, the outer diameter is larger than an outermost diameter of the connector seal ring, and wherein the heat shield is further configured to shield the user from heat generated from the exhaled gas that exited from the vent shield and divert and direct the exhaled gas that exited from the vent shield away from a portion of the face cover. Therefore, to modify Chen, Gorman, and 김춘택 to arrive at the claimed invention would not have been obvious and would be based on improper hindsight reasoning. Regarding claim 24, Chen teaches a face cover for covering an area including and between the eyes, nose and mouth of a user (see 10 and 20 in figs. 1-3 and paragraphs 0010, 0016, 0022, and 0026). Gorman discloses a ducted breathing apparatus (entire device in fig. 1 with reference to fig. 4) comprising: a face cover (1, fig. 1, paragraph 0015) for sealing only a mouth of a user’s face (see paragraph 0016 and abstract and full disclosure, the device is attached to a filtering face mask where the mouth exhaled through the mouthpiece 3), wherein the face cover further comprises a mask cavity (see fig. 1, the mask is concave and would have a cavity to accommodate the user’s face), and wherein the face cover further comprises a filter material (see abstract, the device filters air during inhalation and exhaled air through the mouthpiece 3, and that 1 is a filtering face mask); a ducted air channel element (3, fig. 1) for providing direct air flow from the mouth to an environment outside of the apparatus (paragraphs 0015-0018 and abstract); a compression nut seal ring (4 on the left of fig. 4, paragraphs 0022-0023) and an air channel for providing a sealed mating connection between the ducted air channel element and the face cover (see fig. 1 with reference to fig. 4 and paragraphs 0022-0023); a valve (5, paragraph 0015 with reference to the abstract) configured to only open to expel exhalation gas from the user; a connector seal ring (4 and 2 on the right of fig. 4) is configured to support the valve, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring (see fig. 1); but fails to disclose a valve diaphragm, a vent shield connected to the connector seal ring and is configured to cover the valve diaphragm, wherein the valve diaphragm is located between the connector seal ring and the vent shield; and wherein the vent shield comprises a female threaded surface that is configured to receive and secure with a male threaded portion of the connector seal ring, wherein the connector seal ring comprises a female threaded surface configure to interface with the external threaded surface of the air channel and the female threaded surface of the connector seal ring is configured to receive a portion of the air channel, and wherein the compression nut seal ring is configured to engage the external threaded surface of the air channel to secure the ducted air channel element to the face cover and the connector seal ring. 김춘택 discloses a ducted breathing apparatus (apparatus 1 shown in figs. 1-3) comprising a face cover for sealing only an area including and between a nose and a mouth of a user’s face (see face cover 120 and 110, see page 3, lines 24-26 and page 6, paragraph 8 of the English translation), and a valve diaphragm (diaphragm of 240, see where 241 is pointing to in figs. 1-3) and a vent shield (right most structure of 240 covering the flap 241), a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus (211 and 212, see figs. 1-7), but fails to disclose a compression nut seal ring, a connector seal ring is configured to support the valve diaphragm, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring; wherein the valve diaphragm is located between the connector seal ring and the vent shield; and wherein the vent shield comprises a female threaded surface that is configured to receive and secure with a male threaded portion of the connector seal ring, wherein the connector seal ring comprises a female threaded surface configure to interface with the external threaded surface of the air channel and the female threaded surface of the connector seal ring is configured to receive a portion of the air channel, and wherein the compression nut seal is configured to engage the external threaded surface of the air channel to secure the ducted air channel element to the face cover and the connector seal ring. Chen, Gorman and 김춘택 fail to disclose the combination of a face cover for sealing only an area including and between eyes, a nose and a mouth of a user’s face, the face cover comprises a filter material, a ducted air channel element for providing direct air flow from the mouth to an environment outside of the apparatus and a compression nut seal ring, a connector seal ring is configured to support the valve diaphragm, wherein the compression nut seal ring, the air channel, and the ducted air channel element are secured to the face cover through a connection with the connector seal ring; wherein the valve diaphragm is located between the connector seal ring and the vent shield; and wherein the vent shield comprises a female threaded surface that is configured to receive and secure with a male threaded portion of the connector seal ring, wherein the connector seal ring comprises a female threaded surface configure to interface with the external threaded surface of the air channel and the female threaded surface of the connector seal ring is configured to receive a portion of the air channel, and wherein the compression nut seal is configured to engage the external threaded surface of the air channel to secure the ducted air channel element to the face cover and the connector seal ring. Therefore, to modify Chen, Gorman, and 김춘택 to arrive at the claimed invention would not have been obvious and would be based on improper hindsight reasoning. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mas Rigo (WO 2022/008766) is cited to show a mask having a duct channel element. Zheng (WO 2013/056390) is cited to show a facemask having a mouthpiece. Oda (WO 2021/240841) is cited to show a mask having a duct channel element. Kim (KR 20160107511) is cited to show a mask comprising a duct channel element connected to a valve, an air channel and a valve cover. Niemeyer (4,674,492) is cited to show a half-face respirator having a mouthpiece or a mouthpiece having a nose clip. Resnick (6,701,925) is cited to show a protective hood having a filter cartridge and a mouthpiece connected to a filter cartridge. Cheng (2018/0110945) is cited to show a mask having a channel and a shield. Wilson (4,890,609) is cited to show an air directing apparatus for air mask comprising a mouthpiece and a pair of compression rings. Yu (7,100,611) is cited to show a face mask comprising a mouthpiece and an air channel for allowing exhaled air to leave the mask. Tirotta (5,431,158) is cited to show a face mask having a mouthpiece. Dettore (10,905,905) is cited to show a mask having a mouthpiece. Ruben (6,216,695) is cited to show a mask comprising a face cover for covering the eyes, nose and mouth. Nelson (2005/0028811) is cited to show a facemask having a mouthpiece. Brookes (2018/0064967) is cited to show a snow burial survival mask comprising a mask and a mouthpiece. Resnick (6,302,103) is cited to show a facemask having a mouthpiece. Niemeyer (5,086,768) is cited to show a facemask having a mouthpiece. Martin (4,231,359) is cited to show a facemask comprising a mouthpiece. Martin (4,164,218) is cited to show a facemask having a mouthpiece. Fortunato (1,978,994) is cited to show a facemask having a mouthpiece. Bennett (2,857,911) is cited to show a facemask having a mouthpiece. Oberto (2,521,084) is cited to show a facemask having a mouthpiece. Moretti (4,452,240) is cited to show a hood having a mouthpiece. Lemere (4,207,882) is cited to show a facemask having a mouthpiece. Morgan (4,029,092) is cited to show a mask having a mouthpiece. Heidbrink (2,383,649) is cited to show a facemask having a mouthpiece. Swann (2003/0234016)(6,041,778) is cited to show a mask having a mouthpiece. Hall (4,573,463) is cited to show a breathing mask comprising a mouthpiece. Chilton (4,706,683) is cited to show a facemask having a mouthpiece. Munster (2017/0136271) is cited to show a personal air filtration device comprising a mouthpiece. Hill (2011/0277768) is cited to show a hood having a mouthpiece. John (4,614,186) is cited to show a hood having a filtration system and a mouthpiece. Chessari (2017/0100613) is cited to show a hood having a mouthpiece. Tuffery (2013/0097769) is cited to show a hood having a mouthpiece. Birnkrant (2010/0122699) is cited to show a facemask having a mouthpiece. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TU VO whose telephone number is (571)270-1045. The examiner can normally be reached on M-F from 9:30 AM to 5:30 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, Justine Yu can be reached on 571-272-4835. 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. /TU A VO/Primary Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

May 01, 2023
Application Filed
Dec 26, 2025
Non-Final Rejection — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599184
PERSONAL PROTECTIVE EQUIPMENT ENSEMBLE MADE UP OF A LAUNDERABLE HOOD AND AN AIR DISPERSION PROTECTIVE FACE SHIELD ASSEMBLY
2y 5m to grant Granted Apr 14, 2026
Patent 12594217
SELF-CONTAINED PORTABLE POSITIONABLE OSCILLATING MOTOR ARRAY WITH STRAP TENSION SENSING ELEMENTS
2y 5m to grant Granted Apr 07, 2026
Patent 12544524
BLOWING DEVICE AND FLUID CONTROL DEVICE
2y 5m to grant Granted Feb 10, 2026
Patent 12544304
VIBRATION PRODUCING DEVICE WITH NARRATIVE AND SLEEP FUNCTIONS
2y 5m to grant Granted Feb 10, 2026
Patent 12544603
FILTER CONTAINING PHARMACEUTICAL SALT FOR A FACE MASK, BREATHABLE FACE MASK CONTAINING THE FILTER, AND METHOD OF MANUFACTURING
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
99%
With Interview (+60.4%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 551 resolved cases by this examiner. Grant probability derived from career allow rate.

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