Prosecution Insights
Last updated: April 19, 2026
Application No. 18/255,786

Improvements to Adhesive Strips that Secure Nasal Pillows to Nostrils

Non-Final OA §102§103§112
Filed
Jun 02, 2023
Examiner
SUL, DOUGLAS YOUNG
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nozeseal LLC
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
305 granted / 554 resolved
-14.9% vs TC avg
Strong +56% interview lift
Without
With
+56.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
49 currently pending
Career history
603
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
47.0%
+7.0% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 554 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This office action is in response to the claims filed 6/2/2023 . Claims 1-33 are presenting pending in this application. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 C FR 1.98. 37 C FR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 C FR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report have not been considered. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97 , including all timing statement requirements of 37 C FR 1.97(e). See MPEP § 609.05(a). The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. Drawings Figures 1-14 and 18 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Furthermore, it appears that the reinforcement portion of figure 18 a corresponds to the dark ened central portion but the arrow appears to point to a lateral lightened portion , it is suggested to amend the drawing so that the reinforcement arrow points to the dark ened central portion. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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. Specification The disclosure is objected to because of the following informalities: Paragraph [0048] of the specification disclose that figure 18 shows images from the Kooij patent application; however, figure 18 appears to show images from the Holtzapple patent (similar to that of figure 13). Furthermore, because the specification discloses that figure 18 is an image of a prior art reference, figure 18 should be designated by a legend such as --Prior Art--. Appropriate correction is required. Claim Objections Claim 24 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 15. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim s 2 -6, 9, 19-21, 25- 26 , and 30 are objected to because of the following informalities: Claim 2, line 1 recites, “tape or bandages”; it is suggested to amend the claim to recite --tape or bandage-- to maintain claim consistency with claim 1. Line 2 recites “the edges”; it is suggested to amend the claim to recite --to edges-- as it is the first time the edges are being recited . Claims 3-5 recite “wherein creases” in line 1 of the respective claims; it is suggested to amend the claims to recite --wherein the multiple creases-- so that it refers back to the multiple creases recited in claim 2. Claim 6, line 2 recites “reinforced tips on the outer edges”; it is suggested to amend the claims to recite --reinforced tips on outer edges-- as it is the first time the outer edges are being recited. Claim 9, line 3 recites “configure to ease”; it is suggested to amend the claim to recite --configured to ease-- to make the claim more grammatically correct. Claims 19-21 recite “wherein creases” in line 1 of the respective claims; it is suggested to amend the claims to recite --wherein the multiple creases-- so that it refers back to the multiple creases recited in claim 18. Claim s 25 and 30 , lines 2-3 recites, “ the hinge is made of the same materials as the first and second portion of the reinforcement, the hinge comprises a thinner layer ”; it is suggested to recite -- the hinge is made of the same materials as the first and second portion of the reinforcement, and-- to make the claim more grammatically correct. Claim 26, line 21 recites “wherein first and second portions”; it is suggested to amend the claim to recite --wherein the first and second portions-- to make clear that the limitation refers back to the previously recited first and second portions. Claim 30 includes a period at the end of line 4, with additional limitations in lines 5-7. Each claim must begin with a capital letter and ends with a period , and p eriods may not be used elsewhere in the claims except for abbreviation . See MPEP 608.01(m). 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim (s) 16, 22-23, and 27-30 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claims 16 and 22-23 recites the limitations “the first, second . . . portion” and/or "the first and second portion” in line 1 of the respective claims. There is insufficient antecedent basis for this limitation in the claim, as claim 12 recites a first and second portion in lines 3-6 and a reinforcement having a first and second portion in lines 22-23, and therefore it is unclear which first and second portion is being referred back to. For purposes of examination, it is considered that the first and second portions refer back to the previously recited first and second portions in lines 3-6 o f claim 12. Claim 27 recites “wherein the third portion is divided into two portion that are separated by a rigid angle”. It is unclear how to determine the metes and bounds of “a rigid angle”. For purposes of examination, the limitation of a rigid angle is interpreted so that an angle is substantially fixed between the two sections such that the angle is substantially unable to be changed (e.g. there is no hinge or flexible element that would allow the angle to be changed between the two sections). Claims 28-30 recites the limitation “the reinforcement” in line 2 of claims 28-29, and lines 2 and 4 of claim 30. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, it is considered that the reinforcement refers to the third portion. Claim Rejections - 35 USC § 102 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. 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. Claim(s) 26 a nd 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holtzapple et al (2013/0263 861) . Regarding claim 26, Holtzapple in figs 14A-B discloses universal sealing apparatus comprising: a tape or bandage that comprises: a first portion (1412) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (1414) configured to removably adhere directly or indirectly to a second outer side of the nose; and a third portion (1418) between and coupling the first (1412) and second portions (1414) (para [00068]), the third portion (1418) configured to: removably receive multiple cannulas of a pressurized air-delivery system that are configured to be inserted through the third portion of the universal sealing apparatus and into nostrils of the nose, the cannulas having flared portions, and place a force upon bases of the flared portions of the cannulas when the first and second portions (1412, 1414) are adhered to the nose to maintain the flared portions of the cannulas within the nostrils of the nose and to maintain fluid seals of the cannulas with the nose (apparatus (1400) operates in the same manner as cannula apparatus (1300), which is configured to removably receive multiple cannulas of a pressurized air-delivery system that are configured to be inserted through the third portion of the universal sealing apparatus and into nostrils of the nose (para [0060]); wherein the universal sealing apparatus has an elongated shape having ( i ) first and second longer sides extending along a longer dimension of the universal sealing apparatus and (ii) first and second shorter sides extending along a shorter dimension of the universal sealing apparatus (as shown in fig 14, sealing apparatus includes a top and bottom longer sides and left and right shorter sides); wherein the third portion (1418) comprises multiple holes between the first and second portions, each hole configured to receive and allow passage of one of the cannulas completely through the third portion (1418) (see fig 14B); wherein first (1412) and second portions (1414) are removably coupleable from the third portion (1418) (para [0068]). Regarding claim 33, Holtzapple discloses in fig 24 the third portion further comprises a notch (2495) configured to accommodate a columella of the nose (fig 23-24, para [0083]). 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 of this title, 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s ) 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holtzapple et al as applied to claim 26 above, and further in view of Brennan (5,022,389) . Regarding claim 28, modified Holtzapple discloses a third portion including a reinforcement. Modified Holtzapple does not disclose the tape or bandage has a hinge between the first and second portions of the reinforcement. However, Brennan teaches a nasal splint including a main structural component (12) and a reinforcement portion (20) (foam layer), wherein the reinforcement portion (20) includes a plurality of portions with a hinge (22R) (hinge formed by inner foam recesses) between adjacent portions of the reinforcement (col 2, ln 36-64. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the third portion includes a hinge between a first and second portions of the reinforcement as taught by Brennan in order to allow the third portion to articulate to accommodate various nasal shapes (Brennan, col 4, ln 55-58). Regarding claim 29, the modified Holtzapple ’s references discloses main structural component (12 of Brennan) forming a hinge between adjacent first and second portions of a reinforcement (20 of Brennan) (Brennan, col 2, ln 39-53), and Holtzapple discloses a fabric forming the main structural component ( Holtzapple , para [0058]), and therefore, the hinge comprises fabric separating the first and second portions of the reinforcement. Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holtzapple et al as a pplied to claim 26 above, and further in view of Carion (5,437,622) . Regarding claim 31, modified Holtzapple discloses a first and second portion. Modified Holtzapple does not disclose reinforced tips on the outer edges of the first and second portion. However, Carion in figs 1-3, teaches an adhesive dressing including a first left portion, a second right portion, and a third central portion, wherein the adhesive dressing includes reinforced tips (4) (strip for grasping) disposed laterally of a starter cut (5) (col 3, ln 50-61). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple by providing reinforced tips on the outer edges of the first and second portion, wherein the reinforced tips are provided laterally of a starter cut in order to allow the adhesive device of Holtzapple to be easy and safe to apply by using the reinforced tip as a grasping surface, and removing the reinforced tip along the starter cut ( Carion , col 3, ln 61-col 4, ln 10). Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holtzapple et al as applied to claim 26 above, and further in view of Utamaru et al ( 6,098,624 ) . Regarding claim 32, modified Holtzapple discloses a first and second portion. Modified Holtzapple does not disclose the first and second portions have portions removed along a side of the longer dimension, the removed portions configured to avoid a touching of the eyes. However, Utamaru teaches a device including a f irst portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; wherein the first (7) and second portions (8) have portions removed along a side of the longer dimension (portions (7, 8) are have a substantially triangular or trapezoidal configuration, and therefore has a portion removed along a side of the longer dimension to provide the longer dimension) (fig 4, col 3, ln 23-28). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the first and second portions have a substantially triangular or trapezoidal configuration having portions removed along a side of the longer dimension as taught by Utamaru , as the feature of a first and second portion having a substantially triangular or trapezoidal configuration having portions removed along a side of the longer is known in the art, and it appears that the device of modified Holtzapple would perform equally well to attach to a nose with first and second portions made of substantially triangular or trapezoidal shape. See MPEP 2143(I)(A). The now-modified Holtzapple ’s device is considered that the removed portions configured to avoid a touching of the eyes because, as shown in fig 3 of Utamaru the substantially triangular or trapezoidal shape are configured to attach to the alae of the nose of the user, and therefore are configured to avoid a touching of the eyes. Claim(s) 1- 5, 7-8, and 1 0-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holtzapple et al in view of Utamaru (6,098,624) . Regarding claim 1, Holtzapple in figs 13 and 23-25 discloses a universal sealing apparatus comprising: a tape or bandage (1310) (continuous member) that comprises: a first portion (1312) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (1314) configured to removably adhere directly or indirectly to a second outer side of the nose (fig 13c, para [0059]); and a third portion (1318) between and coupling the first and second portions (1312, 1314) (para [0060]), the third portion (1318) configured to: removably receive multiple cannulas (1330) of a pressurized air-delivery system that are configured to be inserted through the third portion (1318) of the universal sealing apparatus and into nostrils of the nose (para [0060]), the cannulas (1330) having flared portions (1334) , and place a force upon bases of the flared portions (1334) of the cannulas (1330) when the first (1312) and second portions (1314) are adhered to the nose to maintain the flared portions (1334) of the cannulas (1330) within the nostrils of the nose and to maintain fluid seals of the cannulas (1330) with the nose (para [0060]) ; wherein the universal sealing apparatus has an elongated shape having ( i ) first and second longer sides extending along a longer dimension of the universal sealing apparatus and (ii) first and second shorter sides extending along a shorter dimension of the universal sealing apparatus (as shown in fig 13 and 23-25, sealing apparatus includes a top and bottom longer sides and left and right shorter sides) ; wherein the third portion (1310) comprises multiple holes (1320) between the first and second portions, each hole configured to receive and allow passage of one of the cannulas completely through the third portion (1318) (para [0060]) ; wherein the third portion (1318) also comprises a reinforcement located at least around the holes (1320) (para [0062]) . Holtzapple does not disclose the reinforcement has a shape with edges that have opposite oblique angles with respect to at least the first longer side of the universal sealing apparatus at opposite ends of the third portion. However, Utamaru in figs 4-5 teaches a device including a a first portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; and a third portion (6) (filter member) between and coupling the first (7) and second portions (8) , third portion also comprises a filter portion (6) (col 4, ln 31-41) and as shown in fig 4, wherein the filter member (6) has a shape with edges that have opposite oblique angles with respect to at least a first longer side of the universal sealing apparatus at opposite ends of the third portion (truncated isosceles triangular configuration) ( fig 4, col 3, ln 16-22) . Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Holtzapple so that the reinforcement has a shape with edges that have opposite oblique angles with respect to at least the first longer side of the universal sealing apparatus at opposite ends of the third portion as taught by Utamaru in order provide a shape of the reinforcement section to conform with a shape of a nose ( Utamaru , col 3, ln 16-22). Regarding claim 2, Holtzapple discloses in fig 24 the tape or bandages further comprises multiple creases (2497) adjacent the edges of the third portion (2418) , and wherein the creases providing (2497) straight folding lines for the universal sealing apparatus (para [0083]) . Regarding claim 3, Holtzapple discloses in fig 24 the creases (2497) are positioned within the reinforcement (2418) (fig 24, para [0083]) . Regarding claim 4, modified Holtzapple discloses creases. Modified Holtzapple does not disclose the creases are positioned outside the reinforcement. However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the creases are positioned outside the reinforcement , as it would be considered to be an obvious rearrangement of parts, as the creases would perform equally well to guide the installation of the cannula if the creases were provided outside the reinforcement. See MPEP 2144.04(VI)(C). Regarding claim 5, modified Holtzapple discloses creases having oblique angles ( Holtzapple , fig 24, para [0083]) and the reinforcement having oblique angles ( Utamaru , fig 4). Modified Holtzapple does not disclose creases have the same oblique angles as the shape of the reinforcement. However, Utamaru teaches a device includ ing a f irst portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; and a filter member (6) ha ving a shape with edges that have opposite oblique angles (fig 4, col 3, ln 16-22 ), and as shown in fig 3, the first and third portions (7, 8) are folded upwards along a line having the same the same oblique angles as the shape of the reinforcement as shown (see fig 3) Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the creases have the same oblique angles as the shape of the reinforcement, as it would be an application of a known technique to improve similar devices, as Utamaru discloses that the first and third portions (7, 8) are folded upwards along a line having the same the same oblique angles as the shape of the reinforcement as shown in fig 3, and therefore providing a crease along a line with the same oblique angles as the shape of the reinforcement would have been an obvious modification to allow the first and third portions to be folded along the reinforcement. See MPEP 2143(I)(D). Regarding claim 7, modified Holtzapple discloses a first and second portion. Modified Holtzapple does not disclose the first and second portions have portions removed along a side of the longer dimension, the removed portions configured to avoid a touching of the eyes. However, Utamaru teaches a device including a f irst portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; wherein the first (7) and second portions (8) have portions removed along a side of the longer dimension (portions (7, 8) are have a substantially triangular or trapezoidal configuration, and therefore has a portion removed along a side of the longer dimension to provide the longer dimension) (fig 4, col 3, ln 23-28). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the first and second portions have a substantially triangular or trapezoidal configuration having portions removed along a side of the longer dimension as taught by Utamaru , as the feature of a first and second portion having a substantially triangular or trapezoidal configuration having portions removed along a side of the longer is known in the art, and it appears that the device of modified Holtzapple would perform equally well to attach to a nose with first and second portions made of substantially triangular or trapezoidal shape. See MPEP 2143(I)(A). The now-modified Holtzapple ’s device is considered that the removed portions configured to avoid a touching of the eyes because, as shown in fig 3 of Utamaru the substantially triangular or trapezoidal shape are configured to attach to the alae of the nose of the user, and therefore are configured to avoid a touching of the eyes. Regarding claim 8, Holtzapple discloses in fig 24 the third portion further comprises a notch (2495) configured to accommodate a columella of the nose (fig 23-24, para [0083]). Regarding claim 1 0 , Holtzapple discloses the first, second, and third portions are continuous ( para [0058] ). Regarding claim 11 , Holtzapple discloses the reinforcement is carried by the tape or bandage (tape or bandage (1310) is a continuous member (para [0058]), and portion (1318) includes reinforcement (para [0062]), and therefore, because the tape or bandage is continuous, the reinforcement is carried by the tape or bandage) . Claim(s) 6 is/are reject ed under 35 U.S.C. 103 as being unpatentable over Holtzapple et al and Utamaru as applied to claim 1 above, and further in view of Carion ( 5,437,622 ) . Regarding claim 6, modified Holtzapple discloses a first and second portion. Modified Holtzapple does not disclose reinforced tips on the outer edges of the first and second portion. However, Carion in figs 1-3, teaches a n adhesive dressing including a first left portion, a second right portion, and a third central portion, wherein the adhesive dressing includes reinforced tips (4) (strip for grasping) disposed laterally of a starter cut (5) (col 3, ln 50-61). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple by providing reinforced tips on the outer edges of the first and second portion, wherein the reinforced tips are provided laterally of a starter cut in order to allow the adhesive device of Holtzapple to be easy and safe to apply by using the reinforced tip as a grasping surface, and removing the reinforced tip along the starter cut ( Carion , col 3, ln 61-col 4, ln 10). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holtzapple et al and Utamaru as applied to claim 1 above, and further in view of Beevers ( 7,331,3 48 ) . Regarding claim 9, modified Holtzapple discloses a reinforcement containing a pair of holes . Modified Holtzapple does not disclose at least one slit in the reinforcement for each of the holes, each of the at least one slit for each of the holes configure to ease a maneuverability of the cannulas when inserted through the holes. However, Beevers in fig 1 teaches a device for retaining a cannula including a pair of holes (22) (apertures) for retaining a cannula (26), wherein the holes include at least one slit (28) (stellations) for each of the holes (22) (col 3, ln 37-col 4, ln 12). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple by providing the holes at least one slit in the reinforcement for each of the holes as taught by Beevers in order to allow the holes to accommodate different sizes of nasal cannulas through the holes ( Beevers , col 4, ln 1-5). The now-modified Holtzapple ’s device is considered that each of the at least one slit for each of the holes configure to ease a maneuverability of the cannulas when inserted through the holes, as the slits would allow the hole to be expanded and therefore would ease a maneuverability of the cannulas when inserted through the holes. Claim(s) 12- 16 and 24 is/are rej ected under 35 U.S.C. 103 as being unpatentable over Holtzapple et al in view of Brennan. Regarding claim 12, Holtzapple in figs 13 and 23-25 discloses a universal sealing apparatus comprising: a tape or bandage (1310) (continuous member) that comprises: a first portion (1312) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (1314) configured to removably adhere directly or indirectly to a second outer side of the nose (fig 13c, para [0059]); and a third portion (1318) between and coupling the first and second portions (1312, 1314) (para [0060]), the third portion (1318) configured to: removably receive multiple cannulas (1330) of a pressurized air-delivery system that are configured to be inserted through the third portion (1318) of the universal sealing apparatus and into nostrils of the nose (para [0060]), the cannulas (1330) having flared portions (1334), and place a force upon bases of the flared portions (1334) of the cannulas (1330) when the first (1312) and second portions (1314) are adhered to the nose to maintain the flared portions (1334) of the cannulas (1330) within the nostrils of the nose and to maintain fluid seals of the cannulas (1330) with the nose (para [0060]); wherein the universal sealing apparatus has an elongated shape having ( i ) first and second longer sides extending along a longer dimension of the universal sealing apparatus and (ii) first and second shorter sides extending along a shorter dimension of the universal sealing apparatus (as shown in fig 13 and 23-25, sealing apparatus includes a top and bottom longer sides and left and right shorter sides); wherein the third portion (1310) comprises multiple holes (1320) between the first and second portions, each hole configured to receive and allow passage of one of the cannulas completely through the third portion (1318) (para [0060]); wherein the third portion (1318) also comprises a reinforcement located at least around the holes (1320) (para [0062]). Holtzapple does not disclose the reinforcement having a first and second portion; and wherein the tape or bandage has a hinge between the first and second portions of the reinforcement. However, Brennan teaches a nasal splint including a main structural component (12) and a reinforcement portion (20) (foam layer), wherein the reinforcement portion (20) includes a plurality of portions with a hinge (22R) (hinge formed by inner foam recesses) between adjacent portions of the reinforcement (col 2, ln 36-64. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the third portion includes a hinge between a first and second portions of the reinforcement as taught by Brennan in order to allow the third portion to articulate to accommodate various nasal shapes (Brennan, col 4, ln 55-58). The now-modified Holtzapple ’s device discloses main structural component (12 of Brennan) forming a hinge between adjacent first and second portions of a reinforcement (20 of Brennan) (Brennan, col 2, ln 39-53), and Holtzapple discloses the tape or bandage forming the base component ( Holtzapple , para [0058]), and therefore, the hinge comprises the tape or bandage separating the first and second portions of the reinforcement. Regarding claim 13 , the modified Holtzapple ’s references discloses a main structural component (12 of Brennan) forming a hinge between adjacent first and second portions of a reinforcement (20 of Brennan) (Brennan, col 2, ln 39-53), and Holtzapple discloses a fabric forming the main structural component ( Holtzapple , para [0058]), and therefore, the hinge comprises fabric separating the first and second portions of the reinforcement. Regarding claim 14, Holtzapple discloses the reinforcement is carried by the tape or bandage (tape or bandage (1310) is a continuous member (para [0058]), and portion (1318) includes reinforcement (para [0062]), and therefore, because the tape or bandage is continuous, the reinforcement is carried by the tape or bandage). Regarding claim 15, Holtzapple discloses in fig 24 the third portion further comprises a notch (2495) configured to accommodate a columella of the nose (fig 23-24, para [0083]). Regarding claim 16, Holtzapple discloses the first, second, and third portions are continuous (para [0058]). Regarding claim 24, Holtzapple discloses in fig 24 the third portion further comprises a notch (2495) configured to accommodate a columella of the nose (fig 23-24, para [0083]). Claim(s) 17- 21 and 23 is/are reje cted under 35 U.S.C. 103 as being unpatentable over Holtzapple et al and Brennan as applied to claim 1 2 above, and further in view of Ut a maru . Regarding claim 17, modified Holtzapple discloses a reinforcement. Modified Holtzapple does not disclose the reinforcement has a shape with edges that have opposite oblique angles with respect to at least the first longer side of the universal sealing apparatus at opposite ends of the third portion. However, Utamaru in figs 4-5 teaches a device including a first portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; and a third portion (6) (filter member) between and coupling the first (7) and second portions (8) , third portion also comprises a filter portion (6) (col 4, ln 31-41) and as shown in fig 4, wherein the filter member (6) has a shape with edges that have opposite oblique angles with respect to at least a first longer side of the universal sealing apparatus at opposite ends of the third portion (truncated isosceles triangular configuration) (fig 4, col 3, ln 16-22) . Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the reinforcement has a shape with edges that have opposite oblique angles with respect to at least the first longer side of the universal sealing apparatus at opposite ends of the third portion as taught by Utamaru in order provide a shape of the reinforcement section to conform with a shape of a nose ( Utamaru , col 3, ln 16-22). Regarding claim 18, Holtzapple discloses in fig 24 the tape or bandages further comprises multiple creases (2497) adjacent the edges of the third portion (2418), and wherein the creases providing (2497) straight folding lines for the universal sealing apparatus (para [0083]). Regarding claim 19, Holtzapple discloses in fig 24 the creases (2497) are positioned within the reinforcement (2418) (fig 24, para [0083]). Regarding claim 20, modified Holtzapple discloses creases. Modified Holtzapple does not disclose the creases are positioned outside the reinforcement. However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the creases are positioned outside the reinforcement , as it would be considered to be an obvious rearrangement of parts, as the creases would perform equally well to guide the installation of the cannula if the creases were provided outside the reinforcement. See MPEP 2144.04(VI)(C). Regarding claim 21 , modified Holtzapple discloses creases having oblique angles ( Holtzapple , fig 24, para [0083]) and the reinforcement having oblique angles ( Utamaru , fig 4). Modified Holtzapple does not disclose creases have the same oblique angles as the shape of the reinforcement. However, Utamaru teaches a device includ ing a f irst portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; and a filter member (6) ha ving a shape with edges that have opposite oblique angles (fig 4, col 3, ln 16-22 ), and as shown in fig 3, the first and third portions (7, 8) are folded upwards along a line having the same the same oblique angles as the shape of the reinforcement as shown (see fig 3) Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the creases have the same oblique angles as the shape of the reinforcement, as it would be an application of a known technique to improve similar devices, as Utamaru discloses that the first and third portions (7, 8) are folded upwards along a line having the same the same oblique angles as the shape of the reinforcement as shown in fig 3, and therefore providing a crease along a line with the same oblique angles as the shape of the reinforcement would have been an obvious modification to allow the first and third portions to be folded along the reinforcement. See MPEP 2143(I)(D). Regarding claim 23, modified Holtzapple discloses a first and second portion. Modified Holtzapple does not disclose the first and second portions have portions removed along a side of the longer dimension, the removed portions configured to avoid a touching of the eyes. However, Utamaru teaches a device including a f irst portion (7) (first adhesive sheet) configured to removably adhere directly or indirectly to a first outer side of a nose; a second portion (8) (second adhesive sheet) configured to removably adhere directly or indirectly to a second outer side of the nose (col 4, ln 31-41) ; wherein the first (7) and second portions (8) have portions removed along a side of the longer dimension (portions (7, 8) are have a substantially triangular or trapezoidal configuration, and therefore has a portion removed along a side of the longer dimension to provide the longer dimension) (fig 4, col 3, ln 23-28). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple so that the first and second portions have a substantially triangular or trapezoidal configuration having portions removed along a side of the longer dimension as taught by Utamaru , as the feature of a first and second portion having a substantially triangular or trapezoidal configuration having portions removed along a side of the longer is known in the art, and it appears that the device of modified Holtzapple would perform equally well to attach to a nose with first and second portions made of substantially triangular or trapezoidal shape. See MPEP 2143(I)(A). The now-modified Holtzapple ’s device is considered that the removed portions configured to avoid a touching of the eyes because, as shown in fig 3 of Utamaru the substantially triangular or trapezoidal shape are configured to attach to the alae of the nose of the user, and therefore are configured to avoid a touching of the eyes. Claim(s) 2 2 is/are rejected u nder 35 U.S.C. 103 as being unpatentable over Holtzapple et al and Brennan as ap plied to claim 12 above, and further in view of Carion Regarding claim 22, modified Holtzapple discloses a first and second portion. Modified Holtzapple does not disclose reinforced tips on the outer edges of the first and second portion. However, Carion in figs 1-3, teaches an adhesive dressing including a first left portion, a second right portion, and a third central portion, wherein the adhesive dressing includes reinforced tips (4) (strip for grasping) disposed laterally of a starter cut (5) (col 3, ln 50-61). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Holtzapple by providing reinforced tips on the outer edges of the first and second portion, wherein the reinforced tips are provided laterally of a starter cut in order to allow the adhesive device of Holtzapple to be easy and safe to apply by using the reinforced tip as a grasping surface, and removing the reinforced tip along the starter cut ( Carion , col 3, ln 61-col 4, ln 10). Allowable Subject Matter Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim s 27 and 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement for reasons for allowance: The closest prior art of the record, Holtzapple , Brennan, and Utamaru disclose the limitations of claim s 1 , 12, and 26 . However, neither Holtzapple , Brennan, Utamaru , n or the other prior art of record, disclose the hinge is made of the same materials as the first and second portion of the reinforcement, the hinge comprises a thinner layer of the material as compared to the first and second portion of the reinforcement as recited in claims 25 and 30, and the third portion is divided into two sections that are separated by a rigid angle as recited in claim 27. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Barlow (2012/0138060), Buddhajaru (2017/0119987), Kooij et al (2010/0000534), and Guitierrez Del Rio (2012/0029435) disclose adhesive holding devices for nasal cannulas . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DOUGLAS Y SUL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5260 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 9 am-5:30 pm EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT TIMOTHY STANIS can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-5139 . 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. /DOUGLAS Y SUL/ Examiner, Art Unit 3785
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Prosecution Timeline

Jun 02, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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1-2
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+56.4%)
3y 7m
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