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 .
Information Disclosure Statement
The information disclosure statement filed 04 Apr 2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because it was submitted unsigned. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
It is noted that the same information disclosure statement was resubmitted 08 May 2024 with the proper signature. That information disclosure statement has been considered as to the merits.
Drawings
The drawings are objected to under 37 CFR 1.74 because they fail to show, with individually labeled reference characters, the individual elements of the CPR mask and the CPR mask kit as described in the specification (e.g. mask, one-way valve, soft cuff, adhesive tape, etc.). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown and labeled in the drawing. MPEP §§ 608.01(f) & 608.02(d). 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.
Specification
The disclosure is objected to because of the following informalities: the specification describes various elements of the CPR mask and the CPR mask kit but fails to include individual reference characters to identify each element (e.g. mask, one-way valve, soft cuff, adhesive tape, etc.) (see 37 CRF 1.74). The specification should be amended to include individual reference characters to identify each element shown in the drawings.
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 applicant regards as his invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that they each fail to point out what is included or excluded by the claim language. The claims are each an omnibus type claim (see MPEP 2173.05(r)).
The claim(s) merely attempt to direct attention back to the disclosure of the invention in the specification. The structure which goes to make up the apparatus of claim 1 must be clearly and positively specified in the claim. The structure in the claim must be organized and correlated in such a manner as to present a complete operative device. Similarly, the structure which goes to make up the kit of claim 2 must be clearly and positively specified in the claim. And the steps which go into making up the method of claim 3 must be clearly and positively specified in the claim. Note the format of the claims in the patent(s) cited: Johnson – U.S. Patent 5785052, Belfer et al. – U.S. Patent 5918598, and Bordewick et al. – U.S. Patent 6341606.
Examiner Note
The claims are the instant application are clearly informal in their structure. In accordance with the discussion of obviously informal cases in MPEP 702.01 a search of the prior art has been conducted and pertinent references cited on the attached PTO-892. However, no prior art rejections are made herein due to the informal nature of the claims which precludes proper examination of the claims versus the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for a listing of various prior art which teach adhesive sealing of a mask to a user’s face.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH D BOECKER whose telephone number is (571)270-0376. The examiner can normally be reached M-F 9:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785