Prosecution Insights
Last updated: July 17, 2026
Application No. 18/445,804

DUAL CHAMBERED PROTECTIVE MASK AND FRAME INSERT FOR FORMING THE SAME

Non-Final OA §101§102§103§112
Filed
Feb 09, 2024
Priority
Sep 08, 2021 — provisional 63/360,142 +1 more
Examiner
BROWN, SETH RICHARD
Art Unit
3786
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Rodan Enterprises LLC
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
7m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
65 granted / 133 resolved
-21.1% vs TC avg
Strong +46% interview lift
Without
With
+46.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
25 currently pending
Career history
165
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
83.6%
+43.6% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 133 resolved cases

Office Action

§101 §102 §103 §112
DETAILED ACTION This is a Non-Final Rejection for Application 18/445,804 filed February 09, 2024. This application is a 371 of PCT/US2022/000004 filed January 31, 2022 which claims the benefit of U.S. Provisional Application Serial No. 63/360,142 filed on September 8, 2021. Claims 1-15 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 . Election/Restrictions Group 1, drawn to claims 1-12, was elected to be examined in the Election filed April 27, 2026. Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 27, 2026. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: clip means in claim 1. This is because the term “means” is modified by the term “clip” to have sufficient structure to perform the claimed function of fastening. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. Claim Rejections - 35 USC § 112(b) 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 6-9 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. Claim 6 recites the limitation "the front of the support member" in line 7. There is insufficient antecedent basis for this limitation in the claim. The claim has not established a front so it is unclear where the vertex is positioned relative to the support member. This rejection may be overcome with language such as "a front of the support member". Claims 7-9 are rejected for depending from and not curing the deficiencies of claim 6. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism. Claims 4, 9 and 12 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 4 claims “the mask assembly pushes the mask out away from the skin and mouth”. Since the skin and mouth are a part of a human organism, the claim encompasses a human organism. This rejection may be overcome with language such as “the mask assembly is configured to push the mask out away from the skin and mouth”. Claims 9 and 12 claim “positioning the frame insert over a philtrum” which is part of a human organism. These rejections may be overcome with language such as “is configured to be positioned over a philtrum”. 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. (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. Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0369618 (Wang). Regarding claim 1, Wang discloses a frame insert for transforming a single-chambered protective face mask into a dual-chambered mask ([0009] – “an object of the present disclosure is to provide a partition plate device of a respirator mask that can improve fresh air content in the respirator or filtering face mask”.), comprising: a support member integrally formed having a first edge, a second edge and a base strut connected together along the periphery of said support member with a panel section therebetween ([0026] – “Referring to FIGS. 2 and 3, a partition plate device of a respirator mask according to the first embodiment of the present disclosure is shown to include a support seat 3, a partition plate 4 and a valve unit 5.” The partition plate 4 is a support member and is one piece, making it integrally formed. The partition plate 4 has a first edge, a second edge, a base strut, and a panel section therebetween; see the annotated figure below.), the first edge and the second edge converging at one end to meet at a vertex forward on said support member and the base strut formed in a curved configuration between opposite ends of the first edge and second edge to provide an arcuate base opening opposite to the vertex (The first edge and second edge of the partition plate 4 converge at a vertex and the base strut of the partition plate 4 is curved to provide an arcuate base opening opposite to the vertex.); and clip means connected to the support member at either end of the first and the second edge on opposite sides of the base opening to fasten the single-chambered face mask to the support member in an engaged mask assembly ([0040] – “With reference again to FIGS. 6 and 7, to mount the partition plate 4 on the support seat 3 which is fixed to the inner surface 21 of the mask body 2, the partition plate 4 is simply pressed onto the support seat 3 along the front-rear direction (Y) to connect the mask connecting rim 43 against the supporting frame 31 and to allow the clamping portions 34 to clamp the upside and downside surfaces 401, 402 of the partition plate 4 at two opposite sides thereof.” The clamping portions 34 are interpreted as clip means and are connected to the partition plate 4 at either end of the first and second edges. The clamping portions are configured to fasten the mask body 2 to the partition plate 4 in an engaged mask assembly.), whereby the support member in the engaged mask assembly substantially divides the single chamber of the mask into an isolated two-chamber mask for healthier breathing and also eliminates leakage gaps between the mask and the frame insert ([0010] – “The partition plate is configured to be disposed on an inner surface of the mask body and includes an upside surface configured to cooperate with the mask body and the user's face to define an upper chamber for receiving the nose of the user, a downside surface configured to cooperate with the mask body and the user's face to define a lower chamber for receiving the mouth of the user”. By partitioning the mask into upper and lower chambers, Wang allows for healthier breathing and also eliminates leakage gaps between the mask and the frame insert.). PNG media_image1.png 389 646 media_image1.png Greyscale Regarding claim 2, Wang discloses the frame insert of Claim 1, wherein the support member engaged in the mask assembly divides the single-chambered mask into a first chamber above the panel section to isolate breathing air over the nose of the wearer and a second chamber below the panel section to isolate breathing air over the mouth of the wearer, with the first and second chambers being separated and isolated from each other (The partition plate 4 serves to partition the mask assembly into an upper and lower chamber which are first and second chambers, respectively. The examiner notes that Wang includes a valve unit 5 that allows air inhaled through the nose to enter the upper chamber from the lower chamber and air exhaled from the mouth to enter the upper chamber from the lower chamber, however, the claim does not define limitations as to when the breathing air or chambers are isolated. Therefore, Wang teaches the limitation as the breathing air and chamber over the nose is isolated during exhalation of the nose and the breathing air and chamber over the mouth is isolated during inhalation of the mouth.). Regarding claim 4, Wang discloses the frame insert of Claim 1, wherein the support member engaged in the mask assembly pushes the mask out away from the skin and mouth for better breathing and talking (The partition plate 4 is configured to push the mask away from the user’s skin and mouth which results in better breathing and talking.). 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, 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. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0369618 (Wang). Regarding claim 3, Wang discloses the frame insert of Claim 1. Wang does not directly disclose wherein the support member is triangular in shape. However, Wang discloses [0047] – “Through the detachable configuration of the partition plate 4 and its connection relationship with the support seat 3, various sizes and shapes of the partition plates 4 can be changed to fit the user's face.” Therefore, it would have been an obvious matter of design choice to modify the shape of the partition plate 4 to be triangular, since such a modification would have involved a mere change in shape of a component. A change in shape that is absent of persuasive evidence that the particular configuration of the claimed component is significant is recognized as being within the level of ordinary skill in the art before the filing date of the claimed invention. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The triangular shape is not being considered to be significant as Applicant’s specification does not disclose any unique advantages of the shape and discloses other possible configurations such as trapezoidal. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0369618 (Wang) in view of US 2023/0165323 (Warikata). Regarding claim 5, Wang discloses the frame insert of Claim 1. Wang does not disclose wherein the support member further comprises a post member projecting upwardly from the forward vertex and inclined inwardly to provide framing for the enhanced formation of the first chamber over the nose in the engaged mask assembly. However, Warikata discloses a mask frame comprising a first reinforcing material 4a with an upper end portion 4a-1 of the first reinforcing material 4a. [0062] – “The upper end portion 4a-1 has appropriate elasticity, and when the first reinforcing material 4a is attached to the mask 30, the upper end portion 4a-1 bows along the shape of the mask 30, and a clearance between the filter 32 of the mask 30 and the face is held at the front part of the nose, as illustrated in FIG. 5.” Warikata teaches a post member projecting upwardly from the forward vertex and inclined inwardly to provide framing for the enhanced formation of the first chamber over the nose in the engaged mask assembly (Upper end portion 4a-1 is a post member and projects upward from a forward vertex and is inclined inwardly since it bows along the shape of the mask 30. See Fig. 5. The upper end portion 4a-1 would provide framing for the enhanced formation of the first chamber over the nose in the engaged mask assembly if combined with Wang.). Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the partition plate of Wang to include a post member as taught by Warikata. A skilled artisan would have been motivated to do so because Warikata teaches that the upper end portion 4a-1 ensures a clearance between the filter 32 of the mask 30 and the face at the front part of the nose ([0062]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn face mask frames. Claim(s) 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0369618 (Wang) in view of CN 112386824 (Wang 2) Regarding claim 6, Wang discloses a frame insert for transforming a single-chambered mask into a protective dual-chambered mask ([0009] – “an object of the present disclosure is to provide a partition plate device of a respirator mask that can improve fresh air content in the respirator or filtering face mask”.), comprising: a support member integrally formed having a first edge, a second edge and a curved strut connected together along the periphery of said support member, and a panel section disposed therebetween ([0026] – “Referring to FIGS. 2 and 3, a partition plate device of a respirator mask according to the first embodiment of the present disclosure is shown to include a support seat 3, a partition plate 4 and a valve unit 5.” The partition plate 4 is a support member and is one piece, making it integrally formed. The partition plate 4 has a first edge, a second edge, a curved strut, and a panel section therebetween; see the annotated figure below.), the first edge and the second edge converging forwardly about the panel section at a vertex at the front of support member and the curved strut extending transversely between separate ends of the first edge and second edge to provide an arcuate base opening opposite to the vertex (The first edge and second edge of the partition plate 4 converge at a vertex and the curved strut of the partition plate 4 is curved to provide an arcuate base opening opposite to the vertex.), whereby the support member in the engaged mask assembly substantially divides the single chamber of the mask into an isolated two-chamber mask for healthier breathing and also eliminates leakage gaps between the mask and the frame insert ([0010] – “The partition plate is configured to be disposed on an inner surface of the mask body and includes an upside surface configured to cooperate with the mask body and the user's face to define an upper chamber for receiving the nose of the user, a downside surface configured to cooperate with the mask body and the user's face to define a lower chamber for receiving the mouth of the user”. By partitioning the mask into upper and lower chambers, Wang allows for healthier breathing and also eliminates leakage gaps between the mask and the frame insert.). PNG media_image1.png 389 646 media_image1.png Greyscale Wang does not disclose the first edge and the second edge further formed having an interstitial space along their respective lengths to fasten the support member to the single-chambered mask in an engaged mask assembly. However, Wang 2 discloses an exhalation device with a separating effect. The device comprises a partition unit 6 that has two edges, a curved strut and a panel section disposed therebetween analogous to the partition plate 4 of Wang. The partition unit 6 further comprises two interstitial spaces along the length of the abutting edge 62. The examiner notes that the interstitial spaces qualify as interstitial spaces as the term is being interpreted as being a space occurring between segments. Interstitial space is not given a special definition by Applicant so the term is not limited to the structure intended by Applicant. The two interstitial spaces are formed in the two edges of the partition unit 6 to fasten the partition unit to the valve seat 3. See [0059] of the provided translation of Wang 2 and the annotated figure below. Wang 2 teaches the first edge and the second edge further formed having an interstitial space along their respective lengths to fasten the support member to the single-chambered mask in an engaged mask assembly (The partition unit 6 has a first edge and a second edge each with an interstitial space along their respective length to fasten the partition plate 6 to the valve seat 3, which causes the partition unit 6 to be indirectly fastened to the mask 2.). PNG media_image2.png 352 513 media_image2.png Greyscale Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the first and second edges of the partition plate 4 to include an interstitial space as taught by Wang 2. A skilled artisan would have been motivated to do so because Wang 2 teaches that the interstitial space assists in attaching the partition unit 6 to the valve seat 39 ([0059] of the provided translation of Wang 2). The interstitial spaces would be used in Wang to better secure the partition plate 4 to the support seat 3 as a mating component can be added to the support seat 3 to prevent lateral movement of the partition plate 4 relative to the support seat 3. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn face mask frames. Regarding claim 7, Wang in view of Wang 2 discloses the frame insert of Claim 6. Wang in view of Wang 2 does not directly disclose wherein the support member is triangular in shape. However, Wang discloses [0047] – “Through the detachable configuration of the partition plate 4 and its connection relationship with the support seat 3, various sizes and shapes of the partition plates 4 can be changed to fit the user's face.” Therefore, it would have been an obvious matter of design choice to modify the shape of the partition plate 4 to be triangular, since such a modification would have involved a mere change in shape of a component. A change in shape that is absent of persuasive evidence that the particular configuration of the claimed component is significant is recognized as being within the level of ordinary skill in the art before the filing date of the claimed invention. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The triangular shape is not being considered to be significant as Applicant’s specification does not disclose any unique advantages of the shape and discloses other possible configurations such as trapezoidal. Regarding claim 8, Wang in view of Wang 2 discloses the frame insert of Claim 6, wherein the first edge and the second edge are curved or bowed (As shown in Fig. 4 of Wang, the first and second edges are curved.). Regarding claim 9, Wang in view of Wang 2 discloses the frame insert of claim 6, wherein the vertex is positioned over philtrum in the engaged mask assembly while the first edge and the second edge provide side walls to the arcuate base opening (The vertex of Wang is configured to be positioned of the philtrum of a user and the edges provide side walls to the arcuate base opening. See Figs. 4 and 6.). Regarding claim 10, Wang discloses a frame insert for transforming a single-chambered mask into a protective dual-chambered mask ([0009] – “an object of the present disclosure is to provide a partition plate device of a respirator mask that can improve fresh air content in the respirator or filtering face mask”.), comprising: a support member integrally formed having a first edge, a second edge, an intermediate edge connected between the first and second edges, a curved strut connected along the periphery of said support member, and a panel section disposed therebetween ([0026] – “Referring to FIGS. 2 and 3, a partition plate device of a respirator mask according to the first embodiment of the present disclosure is shown to include a support seat 3, a partition plate 4 and a valve unit 5.” The partition plate 4 is a support member and is one piece, making it integrally formed. The partition plate 4 has a first edge, a second edge, an intermediate edge, a curved strut, and a panel section therebetween; see the annotated figure below. The examiner notes that the claim does not have any limitations directed to the start and stop points of a first edge, a second edge, and an intermediate edge. Therefore, any length of the edge can be interpreted as a first, second, or intermediate edge.), the intermediate edge being disposed forwardly on the support member and the curved strut extending transversely between separate ends of the first edge and second edge to provide an arcuate base opening opposite to the intermediate edge (The intermediate edge of the partition plate 4 is opposite the curved strut of the partition plate 4 which provides an arcuate base opening.), whereby the support member in the engaged mask assembly substantially divides the single chamber of the mask into an isolated two-chamber mask for healthier breathing and also eliminates leakage gaps between the mask and the frame insert ([0010] – “The partition plate is configured to be disposed on an inner surface of the mask body and includes an upside surface configured to cooperate with the mask body and the user's face to define an upper chamber for receiving the nose of the user, a downside surface configured to cooperate with the mask body and the user's face to define a lower chamber for receiving the mouth of the user”. By partitioning the mask into upper and lower chambers, Wang allows for healthier breathing and also eliminates leakage gaps between the mask and the frame insert.). PNG media_image3.png 391 646 media_image3.png Greyscale Wang does not disclose all of said edges being further formed having an interstitial space along their respective lengths to fasten the support member to the single-chambered mask in an engaged mask assembly. However, Wang 2 discloses an exhalation device with a separating effect. The device comprises a partition unit 6 that has first and second edges, an intermediate edge, a curved strut and a panel section disposed therebetween analogous to the partition plate 4 of Wang. The partition unit 6 further comprises two interstitial spaces along the length of the abutting edge 62 and an interstitial space between two connecting parts 63. The examiner notes that the interstitial spaces qualify as interstitial spaces as the term is being interpreted as being a space occurring between segments. Interstitial space is not given a special definition by Applicant so the term is not limited to the structure intended by Applicant. The two interstitial spaces and space between connecting parts 63 are formed in the first and second edges of the partition unit 6 and the intermediate edge, respectively, to fasten the partition unit 6 to the valve seat 3. See [0059] of the provided translation of Wang 2 and the annotated figure below. Wang 2 teaches all of said edges being further formed having an interstitial space along their respective lengths to fasten the support member to the single-chambered mask in an engaged mask assembly (The partition unit 6 has a first edge, a second edge, and an intermediate edge each with an interstitial space along their respective length to fasten the partition plate 6 to the valve seat 3, which causes the partition unit 6 to be indirectly fastened to the mask 2.). PNG media_image4.png 359 512 media_image4.png Greyscale Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the first, second, and intermediate edges of the partition plate 4 to include an interstitial space as taught by Wang 2. A skilled artisan would have been motivated to do so because Wang 2 teaches that the interstitial spaces assists in attaching the partition unit 6 to the valve seat 39 ([0059] of the provided translation of Wang 2). The interstitial spaces would be used in Wang to better secure the partition plate 4 to the support seat 3 as a mating component can be added to the support seat 3 to prevent lateral movement of the partition plate 4 relative to the support seat 3. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn face mask frames. Regarding claim 11, Wang in view of Wang 2 discloses the frame insert of Claim 10. Wang in view of Wang 2 does not directly disclose wherein the panel section of the support member is trapezoidal in shape. However, Wang discloses [0047] – “Through the detachable configuration of the partition plate 4 and its connection relationship with the support seat 3, various sizes and shapes of the partition plates 4 can be changed to fit the user's face.” Therefore, it would have been an obvious matter of design choice to modify the shape of the partition plate 4 to be trapezoidal, since such a modification would have involved a mere change in shape of a component. A change in shape that is absent of persuasive evidence that the particular configuration of the claimed component is significant is recognized as being within the level of ordinary skill in the art before the filing date of the claimed invention. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The trapezoidal shape is not being considered to be significant as Applicant’s specification does not disclose any unique advantages of the shape and discloses other possible configurations such as trapezoidal. Additionally, Wang 2 discloses an analogous partition plate that is substantially trapezoidal. Regarding claim 12, Wang in view of Wang 2 discloses the frame insert of Claim 10, wherein the intermediate edge is positioned over philtrum in the engaged mask assembly while the first edge and the second edge provide side walls to the arcuate base opening (The intermediate edge of Wang is configured to be positioned of the philtrum of a user and the edges provide side walls to the arcuate base opening. See Figs. 4 and 6.). Conclusion The following prior art made of record and not relied upon are considered pertinent to applicant's disclosure. US 2008/0245364 (Patterson) US 2021/0153575 (Hong) WO 2022/270665 (Gang) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seth Brown whose telephone number is (571)272-5642. The examiner can normally be reached 8:00 AM – 11:00 AM or 1:00 PM – 3:00 PM ET. 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, Rachael Bredefeld can be reached at (571)270-5237. 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. /SETH R. BROWN/Examiner, Art Unit 3786 /RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
Read full office action

Prosecution Timeline

Feb 09, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §101, §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
49%
Grant Probability
95%
With Interview (+46.1%)
3y 0m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 133 resolved cases by this examiner. Grant probability derived from career allowance rate.

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