Prosecution Insights
Last updated: April 19, 2026
Application No. 18/383,589

SYSTEMS AND METHODS OF CONTROLLILNG FLUID FLOW OF AN INHALANT ANESTHETIC TO EXPEDITE PATIENT RECOVERY

Non-Final OA §102§DP
Filed
Oct 25, 2023
Examiner
WOLFF, ARIELLE R
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Noble Aesthetics, LLC
OA Round
1 (Non-Final)
47%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
79%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
82 granted / 173 resolved
-22.6% vs TC avg
Strong +32% interview lift
Without
With
+32.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
46 currently pending
Career history
219
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
57.4%
+17.4% vs TC avg
§102
13.1%
-26.9% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 173 resolved cases

Office Action

§102 §DP
CTNF 18/383,589 CTNF 94737 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This action is in response to the filing on 10/225/2023. Since the initial filing, no claims have been added, amended or cancelled. Thus, claims 1-20 are pending in the application. Double Patenting 08-33 AIA 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-3 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 1, Allen teaches a method, comprising: by an inhalant anesthetic device having a controller operationally coupled to a nitrous oxide flow control mechanism and an oxygen flow control mechanism, with each control mechanism being operationally coupled to a mask, sending, by the controller, to the nitrous oxide flow control mechanism, an indication to enable a nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and sending, by the controller, to the oxygen flow control mechanism, an indication to enable an oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 1). In regards to claim 2, Allen teaches further comprising: activating a timer for the first predetermined duration (claim 2). In regards to claim 3, Allen teaches further comprising: in response to determining that the timer for the first predetermined duration has expired, sending, to the nitrous oxide flow control mechanism, an indication to disable the nitrous oxide flow (claim 3) . 08-34 AIA Claim s 1 and 4-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 4-5 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 1, Allen teaches a method, comprising: by an inhalant anesthetic device having a controller operationally coupled to a nitrous oxide flow control mechanism and an oxygen flow control mechanism, with each control mechanism being operationally coupled to a mask, sending, by the controller, to the nitrous oxide flow control mechanism, an indication to enable a nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and sending, by the controller, to the oxygen flow control mechanism, an indication to enable an oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 1). In regards to claim 4, Allen teaches further comprising: activating a timer for the second predetermined duration (claim 4). In regards to claim 5, Allen teaches further comprising: in response to determining that the timer for the second predetermined duration has expired, sending, to the oxygen flow control mechanism, an indication to disable the oxygen flow (claim 5) . 08-34 AIA Claim s 1 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 6 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 1, Allen teaches a method, comprising: by an inhalant anesthetic device having a controller operationally coupled to a nitrous oxide flow control mechanism and an oxygen flow control mechanism, with each control mechanism being operationally coupled to a mask, sending, by the controller, to the nitrous oxide flow control mechanism, an indication to enable a nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and sending, by the controller, to the oxygen flow control mechanism, an indication to enable an oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 1). In regards to claim 6, Allen teaches wherein the first and second durations are non-overlapping (claim 6) . 08-34 AIA Claim s 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 7 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 1, Allen teaches a method, comprising: by an inhalant anesthetic device having a controller operationally coupled to a nitrous oxide flow control mechanism and an oxygen flow control mechanism, with each control mechanism being operationally coupled to a mask, sending, by the controller, to the nitrous oxide flow control mechanism, an indication to enable a nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and sending, by the controller, to the oxygen flow control mechanism, an indication to enable an oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 1). In regards to claim 7, Allen teaches wherein the second predetermined duration occurs after a certain time from an end of the first predetermined duration, the certain time corresponding to an amount of time required for the nitrous oxide flow to be at least partially absorbed by a patient wearing the patient mask (claim 7) . 08-34 AIA Claim s 1 and 8-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 8-10 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 1, Allen teaches a method, comprising: by an inhalant anesthetic device having a controller operationally coupled to a nitrous oxide flow control mechanism and an oxygen flow control mechanism, with each control mechanism being operationally coupled to a mask, sending, by the controller, to the nitrous oxide flow control mechanism, an indication to enable a nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and sending, by the controller, to the oxygen flow control mechanism, an indication to enable an oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 1). In regards to claim 8, Allen teaches further comprising: receiving, from a first flow meter that is operationally coupled between the nitrous oxide flow control mechanism and the mask, an indication of a pressure measurement of the nitrous oxide flow; and determining the first duration based on the pressure measurement of the nitrous oxide flow (claim 8). In regards to claim 9, Allen teaches further comprising: receiving, from a second flow meter that is operationally coupled between the oxygen flow control mechanism and the mask, an indication of a pressure measurement of the oxygen flow; and determining the second duration based on the pressure measurement of the oxygen flow (claim 9). In regards to claim 10, Allen teaches wherein the first and second flow meters are the same flow meter (claim 10) . 08-34 AIA Claim s 11-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 11-13 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 11, Allen teaches a device, comprising: a nitrous oxide flow control mechanism operationally coupled to a mask and configured to control the nitrous oxide flow towards the mask; an oxygen flow control mechanism operationally coupled to the mask and configured to control the oxygen flow towards the mask; and a controller operationally coupled to each control mechanism and configured to: send, to the nitrous oxide flow control mechanism, an indication to enable the nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and send, to the oxygen flow control mechanism, an indication to enable the oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 11). In regards to claim 12, Allen teaches wherein the controller is further configured to: activate a timer for the first predetermined duration (claim 12). In regards to claim 13, Allen teaches wherein the controller is further configured to: in response to determining that the timer for the first duration has expired, send, to the nitrous oxide flow control mechanism, an indication to disable the nitrous oxide flow (claim 13) . 08-34 AIA Claim s 11 and 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 11 and 14-15 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 11, Allen teaches a device, comprising: a nitrous oxide flow control mechanism operationally coupled to a mask and configured to control the nitrous oxide flow towards the mask; an oxygen flow control mechanism operationally coupled to the mask and configured to control the oxygen flow towards the mask; and a controller operationally coupled to each control mechanism and configured to: send, to the nitrous oxide flow control mechanism, an indication to enable the nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and send, to the oxygen flow control mechanism, an indication to enable the oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 11). In regards to claim 14, Allen teaches wherein the controller is further configured to: activate a timer for the second predetermined duration (claim 14). In regards to claim 15, Allen teaches wherein the controller is further configured to: in response to determining that the timer for the second duration has expired, send, to the oxygen flow control mechanism, an indication to disable the oxygen flow (claim 15) . 08-34 AIA Claim s 11 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 11 and 16 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 11, Allen teaches a device, comprising: a nitrous oxide flow control mechanism operationally coupled to a mask and configured to control the nitrous oxide flow towards the mask; an oxygen flow control mechanism operationally coupled to the mask and configured to control the oxygen flow towards the mask; and a controller operationally coupled to each control mechanism and configured to: send, to the nitrous oxide flow control mechanism, an indication to enable the nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and send, to the oxygen flow control mechanism, an indication to enable the oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 11). In regards to claim 16, Allen teaches wherein the first and second durations are non-overlapping (claim 16) . 08-34 AIA Claim s 11 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 11 and 17 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 11, Allen teaches a device, comprising: a nitrous oxide flow control mechanism operationally coupled to a mask and configured to control the nitrous oxide flow towards the mask; an oxygen flow control mechanism operationally coupled to the mask and configured to control the oxygen flow towards the mask; and a controller operationally coupled to each control mechanism and configured to: send, to the nitrous oxide flow control mechanism, an indication to enable the nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and send, to the oxygen flow control mechanism, an indication to enable the oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 11). In regards to claim 17, Allen teaches wherein the second predetermined duration occurs after a certain time from an end of the first predetermined duration, the certain time corresponding to an amount of time required for the nitrous oxide flow to be at least partially absorbed by a patient wearing the patient mask (claim 17) . 08-34 AIA Claim s 11 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 11 and 18-20 of U.S. Patent No. 11819624, hereafter referred to as Allen . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found within those of the preceding patent . In regards to claim 11, Allen teaches a device, comprising: a nitrous oxide flow control mechanism operationally coupled to a mask and configured to control the nitrous oxide flow towards the mask; an oxygen flow control mechanism operationally coupled to the mask and configured to control the oxygen flow towards the mask; and a controller operationally coupled to each control mechanism and configured to: send, to the nitrous oxide flow control mechanism, an indication to enable the nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask; and send, to the oxygen flow control mechanism, an indication to enable the oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (claim 11). In regards to claim 18, Allen teaches further comprising: a first flow meter operationally coupled between the nitrous oxide flow control mechanism and the mask and operable to measure the nitrous oxide flow to the mask; and wherein the controller is further configured to: receive, from the first flow meter, an indication of a pressure measurement of the nitrous oxide flow; and determine the first duration based on the pressure measurement of the nitrous oxide flow (claim 18). In regards to claim 19, Allen teaches further comprising: a second flow meter operationally coupled between the oxygen flow control mechanism and the mask and operable to measure the oxygen flow to the mask; and wherein the controller is further configured to: receive, from the first flow meter, an indication of a pressure measurement of the nitrous oxide flow; and determine the first duration based on the pressure measurement of the nitrous oxide flow (claim 19). In regards to claim 20, Allen teaches wherein the first and second flow meters are the same flow meter (claim 20) . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Baldus (US 2016/0310918) . In regards to claim 1, Baldus discloses a method, comprising: by an inhalant anesthetic device having a controller (control unit 6, paragraph 108) operationally coupled to a nitrous oxide flow control mechanism and an oxygen flow control mechanism (control of nitrous oxide and oxygen, paragraph 44), with each control mechanism being operationally coupled to a mask (mask connection 17), sending, by the controller, to the nitrous oxide flow control mechanism, an indication to enable a nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask (control over gas concentration includes nitrous oxide, paragraph 44-45, timer element which returns to zero position after set time, paragraph 71); and sending, by the controller, to the oxygen flow control mechanism, an indication to enable an oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (control over gas concentrations includes oxygen, paragraph 44-45, set time for oxygen delivery, paragraph 69). In regards to claim 2, Baldus discloses the method of claim 1 and Baldus further discloses further comprising: activating a timer for the first predetermined duration (user may set time for timer element, paragraph 67 and 71). In regards to claim 3, Baldus discloses the method of claim 2 and Baldus further discloses further comprising: in response to determining that the timer for the first predetermined duration has expired, sending, to the nitrous oxide flow control mechanism, an indication to disable the nitrous oxide flow (when nitrous oxide timer times out the discharge button with automatically shut off nitrous oxide, paragraph 71). In regards to claim 4, Baldus discloses the method of claim 1 and Baldus further discloses further comprising: activating a timer for the second predetermined duration (set time for oxygen delivery, paragraph 69). In regards to claim 5, Baldus discloses the method of claim 4 and Baldus further discloses further comprising: in response to determining that the timer for the second predetermined duration has expired, sending, to the oxygen flow control mechanism, an indication to disable the oxygen flow (set time for oxygen delivery, paragraph 69). In regards to claim 6, Baldus discloses the method of claim 1 and Baldus further discloses wherein the first and second durations are non-overlapping (time of nitrous oxide and time of pure oxygen not concurrent as there is delay between ceasing nitrous oxide and beginning oxygen, paragraph 67, 71 and 82). In regards to claim 7, Baldus discloses the method of claim 1 and Baldus further discloses wherein the second predetermined duration occurs after a certain time from an end of the first predetermined duration, the certain time corresponding to an amount of time required for the nitrous oxide flow to be at least partially absorbed by a patient wearing the patient mask (delay between ceasing nitrous oxide and beginning oxygen wherein there is some nitrous oxide remaining in lungs that has not been fully absorbed, paragraph 82). In regards to claim 8, Baldus discloses the method of claim 1 and Baldus further discloses further comprising: receiving, from a first flow meter that is operationally coupled between the nitrous oxide flow control mechanism and the mask (pressure and flow rate sensor, paragraph 64, 66 and 72), an indication of a pressure measurement of the nitrous oxide flow; and determining the first duration based on the pressure measurement of the nitrous oxide flow (paragraph 44, 64, 66-67 and 27). In regards to claim 9, Baldus discloses the method of claim 8 and Baldus further discloses further comprising: receiving, from a second flow meter that is operationally coupled between the oxygen flow control mechanism and the mask (pressure and flow rate sensor, paragraph 64, 66 and 72), an indication of a pressure measurement of the oxygen flow; and determining the second duration based on the pressure measurement of the oxygen flow (paragraph 44, 66 and 69). In regards to claim 10, Baldus discloses the method of claim 9 and Baldus further discloses wherein the first and second flow meters are the same flow meter (pressure and flow rate sensor, paragraph 64, 66 and 72). In regards to claim 11, Baldus discloses a device, comprising: a nitrous oxide flow control mechanism (nitrous oxide control valve, paragraph 83) operationally coupled to a mask (mask connection 17) and configured to control the nitrous oxide flow towards the mask; an oxygen flow control mechanism (oxygen gas valve, paragraph 83) operationally coupled to the mask and configured to control the oxygen flow towards the mask (control of nitrous oxide and oxygen, paragraph 44); and a controller (control unit 6) operationally coupled to each control mechanism (control unit 6, paragraph 108) and configured to: send, to the nitrous oxide flow control mechanism, an indication to enable the nitrous oxide flow for a first predetermined duration that corresponds to providing a certain amount of nitrous oxide through the mask (control over gas concentration includes nitrous oxide, paragraph 44-45, timer element which returns to zero position after set time, paragraph 71); and send, to the oxygen flow control mechanism, an indication to enable the oxygen flow for a second predetermined duration that corresponds to providing a certain amount of oxygen through the mask (control over gas concentrations includes oxygen, paragraph 44-45, set time for oxygen delivery, paragraph 69). In regards to claim 12, Baldus discloses the device of claim 11 and Baldus further discloses wherein the controller is further configured to: activate a timer for the first predetermined duration (user may set time for timer element, paragraph 67 and 71). In regards to claim 13, Baldus discloses the device of claim 12 and Baldus further discloses wherein the controller is further configured to: in response to determining that the timer for the first duration has expired, send, to the nitrous oxide flow control mechanism, an indication to disable the nitrous oxide flow (when nitrous oxide timer times out the discharge button with automatically shut off nitrous oxide, paragraph 71). In regards to claim 14, Baldus discloses the device of claim 11 and Baldus further discloses wherein the controller is further configured to: activate a timer for the second predetermined duration (set time for oxygen delivery, paragraph 69). In regards to claim 15, Baldus discloses the device of claim 14 and Baldus further discloses wherein the controller is further configured to: in response to determining that the timer for the second duration has expired, send, to the oxygen flow control mechanism, an indication to disable the oxygen flow (set time for oxygen delivery, paragraph 69). In regards to claim 16, Baldus discloses the device of claim 11 and Baldus further discloses wherein the first and second durations are non-overlapping (time of nitrous oxide and time of pure oxygen not concurrent as there is delay between ceasing nitrous oxide and beginning oxygen, paragraph 67, 71 and 82). In regards to claim 17, Baldus discloses the device of claim 11 and Baldus further discloses wherein the second predetermined duration occurs after a certain time from an end of the first predetermined duration, the certain time corresponding to an amount of time required for the nitrous oxide flow to be at least partially absorbed by a patient wearing the patient mask (delay between ceasing nitrous oxide and beginning oxygen wherein there is some nitrous oxide remaining in lungs that has not been fully absorbed, paragraph 82). In regards to claim 18, Baldus discloses the device of claim 11 and Baldus further discloses further comprising: a first flow meter operationally coupled between the nitrous oxide flow control mechanism and the mask and operable to measure the nitrous oxide flow to the mask (pressure and flow rate sensor, paragraph 64, 66 and 72); and wherein the controller is further configured to: receive, from the first flow meter, an indication of a pressure measurement of the nitrous oxide flow; and determine the first duration based on the pressure measurement of the nitrous oxide flow (paragraph 44, 64, 66-67 and 27). In regards to claim 19, Baldus discloses the device of claim 18 and Baldus further discloses further comprising: a second flow meter operationally coupled between the oxygen flow control mechanism and the mask and operable to measure the oxygen flow to the mask (pressure and flow rate sensor, paragraph 64, 66 and 72); and wherein the controller is further configured to: receive, from the first flow meter, an indication of a pressure measurement of the nitrous oxide flow; and determine the first duration based on the pressure measurement of the nitrous oxide flow (paragraph 44, 66 and 69). In regards to claim 20, Baldus discloses the device of claim 19 and Baldus further discloses wherein the first and second flow meters are the same flow meter (pressure and flow rate sensor, paragraph 64, 66 and 72). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00. 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, 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. 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. /ARIELLE WOLFF/ Examiner, Art Unit 3785 /KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/383,589 Page 2 Art Unit: 3785 Application/Control Number: 18/383,589 Page 3 Art Unit: 3785 Application/Control Number: 18/383,589 Page 4 Art Unit: 3785 Application/Control Number: 18/383,589 Page 5 Art Unit: 3785 Application/Control Number: 18/383,589 Page 6 Art Unit: 3785 Application/Control Number: 18/383,589 Page 7 Art Unit: 3785 Application/Control Number: 18/383,589 Page 8 Art Unit: 3785 Application/Control Number: 18/383,589 Page 9 Art Unit: 3785 Application/Control Number: 18/383,589 Page 10 Art Unit: 3785 Application/Control Number: 18/383,589 Page 11 Art Unit: 3785 Application/Control Number: 18/383,589 Page 12 Art Unit: 3785 Application/Control Number: 18/383,589 Page 13 Art Unit: 3785 Application/Control Number: 18/383,589 Page 14 Art Unit: 3785 Application/Control Number: 18/383,589 Page 15 Art Unit: 3785 Application/Control Number: 18/383,589 Page 16 Art Unit: 3785
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
Mar 30, 2026
Non-Final Rejection — §102, §DP (current)

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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
47%
Grant Probability
79%
With Interview (+32.0%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 173 resolved cases by this examiner. Grant probability derived from career allow rate.

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