DETAILED ACTION
This office action is responsive to the amendment filed 7/2/2026. As directed, claims 1, 9-14, and 36 have been canceled and no claims have been added or amended. Thus claims 2-8 and 15-35 are currently pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/2/2026 has been entered.
Claim Objections
Claims objected to because of the following informalities:
Regarding claim 2, “each support structure” on page 3 lines 3, 4, 6, 7, and 9 should be recited as --each one of the support structures-- for clarity.
Regarding claim 5, “each support structure” should be recited as --each one of the support structures-- for clarity.
Regarding claim 8, “each support structure” should be recited as --each one of the support structures-- for clarity.
Regarding claim 28, “each support structure” should be recited as --each one of the support structures-- where it appears for clarity.
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.
Claims 4, 28-30, and 35 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, “outer lateral portions of the mask seal comprise…a rearward-facing surface” on line 2 is unclear as it appears this limitation has already been claimed in claim 2 (page 3 line 1). Thus it appears this limitation is redundantly claimed. However, if Applicant intends to claim a different distinct rearward-facing surface in claim 4 from that claimed in claim 2, then “the rearward-facing surface” on line 3 would be unclear as it would be unclear which rearward facing surface is being referred to.
Regarding claim 28, “the lateral portions” on page 6 line 7 is unclear as a pair of inner lateral portions and outer lateral portions are also previously claimed (lines 8-10 of claim 28). Thus it is unclear which lateral portions are being referred to. Examiner suggests --the lateral portions of the frame-- if that is what was intended.
Claims 29, 30, and 35 are rejected for their dependency on a rejected claim.
Allowable Subject Matter
Claims 2, 3, 5-8, 15-27, and 31-34 are allowed.
Claim 28 would be allowable if rewritten or amended 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.
Claims 4, 29, 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 a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose an interface assembly for use in providing positive pressure respiratory therapy, the interface assembly comprising: a mask assembly comprising a mask seal and a mask shell; and a frame comprising a central portion and lateral portions on each side of the central portion, the lateral portions comprising a pair of covers; wherein the pair of covers are configured to limit expansion of at least the portion of the pair of opposing outer lateral portions; wherein each opposing outer lateral portion of the mask seal comprises a support structure that is configured to contact a face of the user and is located within and extends between portions of the outer lateral portion that define a rearward-facing surface of the mask seal and a surface of the mask seal that contacts the frame, wherein at least a portion of each support structure is located along an apex of the mask seal; each support structure being configured to inhibit overexpansion and/or collapse of at least portions of the mask seal; wherein a thickness of each support structure is greater than a wall thickness of a respective one of the pair of covers. This limitation in combination with the rest of the limitations of claim 2 is not reasonably taught by the prior art of record.
Similarly, the prior art fails to disclose an interface assembly for use in providing positive pressure respiratory therapy, the interface assembly comprising: a pair of opposing outer lateral portions, each comprising a support structure that contacts is configured to contact a face of the user and is located within and extends between portions of the outer lateral portion that define a rearward-facing surface of the mask seal and a frame-contacting surface of the mask seal, wherein at least a portion of each support structure is located along an apex of the mask seal, and wherein each support structure is configured to inhibit overexpansion and/or collapse portions of the mask seal, a frame comprising: a central portion, and lateral portions on each side of the central portion, the lateral portions comprising a pair of covers positioned adjacent a portion of one of the pair of opposing outer lateral portions of the mask seal, wherein a thickness of each support structure is greater than a wall thickness of a respective one of the pair of covers, wherein a portion of each support structure is located above an uppermost extent of the respective one of the pair of covers, and wherein each of the pair of covers are configured to limit expansion of at least the portion of one of the pair of opposing outer lateral portions. This limitation in combination with the rest of the limitations of claim 28 is not reasonably taught by the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785
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