DETAILED ACTION Primary Examiner acknowledges Claims 1-14 are pending in this application as originally filed on September 7, 2023. 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. 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. Claim s 1-14 are rejected under 35 U.S.C. 101 because 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 1-14 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). Specifically, Claim 1, Line 6 recites the limitation “in a first position distal from a nose wing of a user” ; and Claim 1, Line 10 recites the limitation “in a second position proximal to the respective nose wing of the user” , which appears positively recite a portion of the human body. From a review of the drawings of the instant application, Figures 2B, 2C, and 2D, it appears the leader line for the “nose wing” also known as NW is oriented on the portion of the human body whereby the nose meets the cheeks of the user. Further, from a review of the original specification as filed, “ To achieve this, it is better to pinch the nose with the fingers as close to the roots of the nose wings as possible. This will make it easier to accurately pinch the nose to close the nostrils. ” (Para 0003; also see: Paras 0006 – 2 instances, 0007 – 2 instances, 0036, and 00037), it appears to again confirm the intended breadth and scope of the term “nose wing of a user” is meant to encompass a portion of the human body and not a component of the claimed nose equalizing device. Consequently, i t appears this limitation should be amended to recite the configuration such that “in a first position , the bottom portion is adapted/configured to be positioned distal from a nose wing of a user” in Claim 1, Line 6, and to recite the configuration such that “in a second position , t he bottom portion is adapted/configured to be positioned proximal to the respective nose wing of the user” in Claim 1, Line 10 . Dependent claims 2-14 incorporate the non-statutory subject matter from which they depend. Appropriate correction is required. Specifically, Claim 1, Line 7 recites “two fingers of the user” which appears positively recite a portion of the human body. From a review of the original specification as filed, “ To achieve this, it is better to pinch the nose with the fingers as close to the roots of the nose wings as possible. This will make it easier to accurately pinch the nose to close the nostrils. ” (Para 0003; also see: Paras 0006 – 2 instances, 0007 – 2 instances, 0036, and 00037), it appears the intended breadth and scope of the term “two fingers of the user” is meant to encompass a portion of the human body and not a component of the claimed nose equalizing device. Consequently, it appears this limitation should be amended to recite the configuration such that “ the nose equalizing device is configured/adapted to engage with two fingers of the user”. Dependent claims 2-14 incorporate the non-statutory subject matter from which they depend. 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 8-10 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. Specifically, Claim 8, Line 1; Claim 9, Line 1, and Claim 10, Line 1 each recite “the continuous folding portions”; however, this term appears to lack antecedent basis in the claims. It appears perhaps the limitation should read “the plurality of continuous folding portions”. Yet, Primary Examiner remains unclear as to the intended breadth and scope of this limitation. Appropriate correction and clarification is required. 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. Claim s 1-5 and 8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Shiue (2008/0196714 – herein Shiue ‘714). As to Claim 1, Shiue ‘714 discloses a nose equalizing device (defined by the cooperative interaction of 10’, 40’, and 50’, as best seen in Figures 4 and 5, wherein 10’ – “ the peripheral edge of the skirt 10' ” Para 0023; 40’ – “ the nose enclosure 40' ” Para 0023; and 50’ – “ A concentric portion including ridges and grooves 50' ” Para 0023) of an underwater mask (“ a dive mask ” Para 0023, best seen Figures 4 and 5), comprising: two pouches ( represented by the region 50’ on the left and right side of the nose, “ concentric portion including ridges and grooves 50' ” Para 0023), each having an opening (formed by the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose, show in Figure 5 in solid line formation ), and a bottom portion ( formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) corresponding to the opening (formed by the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose, show in Figure 5 in solid line formation ); characterized in that: each of the bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is preformed into a first shape ( Figure 5 in solid line formation ) having a plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves ) is in a first position (about the nose of the user but not in contact with the nose of the user), the bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is adapted/configured to be positioned distal from the nose wing of the user ; when two fingers of the user exert forces inwardly toward the bottom portions (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) from the openings (formed by the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose, show in Figure 5 in solid line formation) of the two pouches (represented by the region 50’ on the left and right side of the nose), respectively, each of the bottom portions (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is capable of being stretched and deformed (“ A user may press the concentric portions 50 for stretching . A curved surface (i.e., a recess) as indicated by dotted lines in FIG. 5 is formed at either side of the nose enclosure 40' as a result of the stretching . ” Para 0023) into a second shape (Figure 5 – in phantom) and being in a second position (in contact with the nose of the user), the bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is adapted/configured to be positioned proximal to the respective nose wing of the user; and when the exerted forces are released, each of the bottom portions (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is capable of automatically or by a reverse force outwards, returning to the first position (about the nose of the user but not in contact with the nose of the user) and restoring the first shape (Figure 5 in solid line formation). Regarding the action steps of the hand of the user, Primary Examiner notes these action steps are conventionally known as the Valsalva maneuver – which is utilized by swimming and divers to equalize the pressure along the pathway from the nose to the ears along the Eustachian tubes. As explicitly described, Shiue ‘714 discloses “ Conventionally, an "ear pressure equalization" act is done by a person prior to swimming, diving including surface diving, or engaging in any of other water sports activities. In detail, air in the middle ear is compressed gradually due to the increase of pressure as a diver continues to plunge deeper into the water. Also, pressure exerted on the external ear increases. And in turn, it can cause the external pressure of the ear drum to be unequal to the internal pressure thereof. As a result, the diver may feel pain in the ear drum. For relieving the pain, a diver usually takes an "ear pressure equalization" act which involves squeezing the nose with the hand and inhaling so that air can forcedly enter the middle ears through the throat and the Eustachian tubes . ” (Para 0004). Consequently, the claimed first shape and/or position is a function of the mask simply being placed on to the face of the user wherein the mask is positioned about the nose of the user, but not in contact with the nose of the user wherein the plurality of continuous folding portions (50’) and intermediary structure has a planar shape as shown in Figure 5 in solid line formation; whilst, the claimed second shape and/or position is a function of the pressing the nose closed such that the plurality of continuous folding portions (50’) are placed into contact with the user’s nose resulting the stretched and deformed shape. Once the Valsalva maneuver has been preformed and the hand is removed from the mask the mask will regain its former claimed first shape and/or position about but not in contact with the nose of the user. Thus, the subject matter of Claim 1 appears to be met and disclosed by Shiue ‘ 714 . As to Claim 2, Shiue ‘714 discloses a rim (10’, “ the peripheral edge of the skirt 10' ” Para 0023) and a partition (40’, “ the nose enclosure 40' ” Para 0023), wherein the partition (40’) extends across an upper portion of the rim (10’) and a lower portion of the rim (10’), thereby forming two pouches independently of each other on the left and right side. As best seen in Figures 4 and 5, the partition (40’) defines the nose receiving region of the underwater mask, while the rim (10’) defines the remaining face contacting structure of the underwater mask. As to Claim 3, Shiue ‘714 discloses the rim (10’) and the partition (40’) are integrally formed with a frame portion or a lens portion (20x – present but unlabeled in Figures 4 and 5, wherein 20x - “ a frame 20 formed around a front opening of the skirt 10 ” Para 0016; also see: “ The frame 20 is provided in front of the eyes . As known in the prior art, either a transparent lens as a unitary window is fitted around the front opening of the skirt 10 or the frame 20 is provided to sealingly secure one or two transparent lens as window(s) on the skirt 10 . ” Para 0018) of the underwater mask (Figures 4 and 5). Regarding the concept of “integrally formed”, Shiue ‘714 discloses both the rim (10’) and the partition (40’) are connected to the frame (20x) – “ Referring to FIG. 1, a dive mask in accordance with a first preferred embodiment of the invention comprises a flexible skirt 10, a frame 20 formed around a front opening of the skirt 10 , a flexible strap 30 interconnecting two sides of the skirt 10 (or two ends of the frame 20 in other embodiments), a nose enclosure 40 projecting from a front portion of the skirt 10 to tightly cover the nose , and a flexible wrinkled portion 50 at either side of the nose enclosure 40. ” (Para 0016), “ As known in the prior art, either a transparent lens as a unitary window is fitted around the front opening of the skirt 10 or the frame 20 is provided to sealingly secure one or two transparent lens as window(s) on the skirt 10 . ” (Para 0018); and “ The nose enclosure 40 is integrally formed with the skirt 10 in the embodiment. ” (Para 0020). As to Claim 4, Shiue ‘714 discloses the two pouches (represented by the region 50’ on the left and right side of the nose, “ concentric portion including ridges and grooves 50' ” Para 0023) are integrally formed with a waterproof skirt (30x, –unlabeled in Figures 4 and 5, wherein 30x - “ a flexible strap 30 interconnecting two sides of the skirt 10 (or two ends of the frame 20 in other embodiments) ” Para 0016) of the underwater mask (Figures 4 and 5). It is noted the scope of integrally formed includes the consideration of the final manufacturing disposition prior to use by the user whereby the components are attached. As to Claim 5, Shiue ‘714 discloses the rim (10’), the partition (40’), and two pouches (represented by the region 50’ on the left and right side of the nose, “ concentric portion including ridges and grooves 50' ” Para 0023) are integrally formed with a waterproof skirt (30x, –unlabeled in Figures 4 and 5, wherein 30x - “ a flexible strap 30 interconnecting two sides of the skirt 10 (or two ends of the frame 20 in other embodiments) ” Para 0016) of the underwater mask (Figures 4 and 5). It is noted the scope of integrally formed includes the consideration of the final manufacturing disposition prior to use by the user whereby the components are attached. As to Claim 8, Shiue ‘714 discloses the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves) are formed with at least two adjacent sidewalls parallel to each other. As shown in Figure 4, the upper region of 50’ includes a pair or a series of two and the lower region of 50’ includes a pair or a series of two for each side of the left and right sides of the underwater mask. Thus the total number of plurality of continuous folding portions (50’) includes 4 regions with a pair in each region yielding 8 - folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves. 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 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shiue (2008/0196714 – herein Shiue ‘714) in view of Suzuki (4,462,397). As to Claim 9, Shiue ‘714 discloses the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves); yet, does not expressly disclose the dimensions of the plurality of continuous folding portions to have “a thickness ranging between 0.3 mm to 4 mm”. Suzuki teaches an additional device (1/3, “ The first and second coaxial main tubes 1, 3 ” Column 4, Lines 10-30) constructed with a plurality of continuous folding portions ( “ corrugated ” Column 9, Line 50 thru Column 10, Line 5) – for the purpose of enabling the reactivity of the device (1/3) to undergo expansion and dynamic movement without kinking in response to pressure/force applied to the device (Column 1, Line 55 thru Column 2, Line 5). Regarding the remaining limitations, Suzuki teaches the plurality of continuous folding portions in the form of corrugations are constructed with “ Two corrugated tubes of polyvinyl chloride 0.5 m in length, 0.75 mm in wall thickness , 10.5 mm in outside diameter at grooves, and 14.5 mm in outside diameter at ridges ”. (Column 9, Line 60 thru Column 10, Line 5). In light of the ability of the plurality of continuous folding portions in the form of corrugations to permit expansion and dynamic movement, the claimed configuration of a wall thickness “between 0.3 mm to 4 mm” was known, whereby Suzuki expressly teaches a wall thickness within the claimed configuration at 0.75 mm was known enable expansion and dynamic movement. Therefore, it would have been obvious to one having ordinary skill in the art to modify the plurality of continuous folding portions of Shiue ‘714 to be constructed with a wall thickness within the claimed range, as taught by Suzuki to be a suitable wall thickness construction to enable the expansion and dynamic movement of the plurality of continuous folding portions. As to Claim 10, Shiue ‘714 discloses the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves); yet, does not expressly disclose the dimensions of the plurality of continuous folding portions to have “a height ranging between 2 mm and 18 mm”. Suzuki teaches an additional device (1/3, “The first and second coaxial main tubes 1, 3” Column 4, Lines 10-30) constructed with a plurality of continuous folding portions (“corrugated” Column 9, Line 50 thru Column 10, Line 5) – for the purpose of enabling the reactivity of the device (1/3) to undergo expansion and dynamic movement without kinking in response to pressure/force applied to the device (Column 1, Line 55 thru Column 2, Line 5). Regarding the remaining limitations, Suzuki teaches the plurality of continuous folding portions in the form of corrugations are constructed with “Two corrugated tubes of polyvinyl chloride 0.5 m in length, 0.75 mm in wall thickness, 10.5 mm in outside diameter at grooves , and 14.5 mm in outside diameter at ridges ”. (Column 9, Line 60 thru Column 10, Line 5). In light of the ability of the plurality of continuous folding portions in the form of corrugations to permit expansion and dynamic movement, the claimed configuration of a wall thickness “between 02 mm and 18 mm” was known, whereby Suzuki expressly teaches a wall thickness within the claimed configuration at 10.5 mm in outside diameter at grooves, and 14.5 mm in outside diameter at ridges was known enable expansion and dynamic movement. Therefore, it would have been obvious to one having ordinary skill in the art to modify the plurality of continuous folding portions of Shiue ‘714 to be constructed with a wall thickness within the claimed range, as taught by Suzuki to be a suitable height construction to enable the expansion and dynamic movement of the plurality of continuous folding portions. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shiue (2008/0196714 – herein Shiue ‘714) in view of Meyerrose (4,907,582). As to Claim 11, Shiue ‘714 discloses the underwater mask (Figures 4 and 5) is a diving mask (“ a dive mask ” Para 0023) having body (which encompasses the nose and eyes of the user) and wherein the nose equalizing device (defined by the cooperative interaction of 10’, 40’, and 50’, as best seen in Figures 4 and 5, wherein 10’ – “ the peripheral edge of the skirt 10' ” Para 0023; 40’ – “ the nose enclosure 40' ” Para 0023; and 50’ – “ A concentric portion including ridges and grooves 50' ” Para 0023) is disposed in a nasal chamber defined by at least one of a frame portion ( 20x – present but unlabeled in Figures 4 and 5, wherein 20x - “ a frame 20 formed around a front opening of the skirt 10 ” Para 0016; also see: “ The frame 20 is provided in front of the eyes . As known in the prior art, either a transparent lens as a unitary window is fitted around the front opening of the skirt 10 or the frame 20 is provided to sealingly secure one or two transparent lens as window(s) on the skirt 10 . ” Para 0018), lens portion (via 20x, “ The frame 20 is provided in front of the eyes . As known in the prior art, either a transparent lens as a unitary window is fitted around the front opening of the skirt 10 or the frame 20 is provided to sealingly secure one or two transparent lens as window(s) on the skirt 10 . ” Para 0018), and a waterproof skirt (30x, –unlabeled in Figures 4 and 5, wherein 30x - “ a flexible strap 30 interconnecting two sides of the skirt 10 (or two ends of the frame 20 in other embodiments) ” Para 0016) of the body (which encompasses the nose and eyes of the user). Yet, does not expressly disclose the use of “a mouthpiece type breathing tube” that is separable from the body. Meyerrose teaches an additional underwater diving mask (12, “ The present swivel clip is illustrated in FIG. 1 removably attaching a breathing or snorkel tube 10 to a support strap 11 holding an underwater mask 12 across the eyes of the diver . ” Column 2, Lines 40-50) is utilized in combination with a breathing tube (10, “ The present swivel clip is illustrated in FIG. 1 removably attaching a breathing or snorkel tube 10 to a support strap 11 holding an underwater mask 12 across the eyes of the diver. ” Column 2, Lines 40-50), wherein the diving mask encompasses the nose and eyes of the user and the breathing tube engages the mouth of the user, to enable to user to dive and/or swim. Regarding the separable limitation, Meyerrose teaches the underwater diving mask (12) can be readily attached or separated from the breathing tube (10) as desired (“ The first part 15 remains resiliently attached to the breathing tube 10 , both when the breathing tube 10 is attached to the support strap 11, and when the breathing tube 10 is removed therefrom, in a manner to be presently described. … The encircling housing 31 of the second part 30 remains attached to the support strap 11 of the mask 12 both when the breathing tube 10 is attached thereto and when the breathing tube 10 is removed therefrom, in a manner to be presently described. ” Column 2, Line 60 thru Column 3, Line 15 ; also see: “ After the diver has completed use of the breathing tube 10 and the mask 12, they can be easily and quickly separated by moving the swivel shaft 40 and the enlarged head 41 from the small end 36 of the keyhole slot to the large end 35, forcing the swivel shaft 40 past the detents 37 and the enlarged head 41 past the cam members 38. … The first and second parts are easily and quickly connected together to attach the breathing tube 10 to the support strap 11 and are easily and quickly separated to remove the breathing tube 10 from the support strap 11 after use . ” Column 3, Line 60 thru Column 4, Line 20 ). Therefore, it would have been obvious to one having ordinary skill in the art to modify the underwater mask of Shiue ‘714 to be utilized with a separable mouthpiece type breathing tube, as taught by Meyerrose , to provide breathing assistance to diver. Claim s 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shiue (2008/0196714 – herein Shiue ‘714) in view of Girden (3,020,911). As to C laim 12, Shiue ‘714 discloses the underwater mask (Figures 4 and 5) is a breathable mask (“ a dive mask ” Para 0023) having a body (which encompasses the nose and eyes of the user) that covers the eyes and nose of the user. Yet, does not expressly disclose the use of “a breathing tube…disposed on an upper portion of the body”, “a three-way connector… disposed on a lower portion of the body” , nor wherein “the breathing tube and the three-way connector…are in fluid communication with an interior of the body”. Girden teaches an alternative underwater mask (Figure 1) suitable for underwater usage (“ underwater ” Column 1, Lines 5-15) to provide breathing assistance to the user, having a body which encompasses the nose and eyes of the user (“adapted to cover the eyes and nose of the user” Column 1, Line 65 thru Column 2, Line 15), a breathing tube (12, “ an air-input tube 12 in communication with the mask at inlet 8, said tube 12 being connected to a source of fresh air or oxygen. Said source of fresh air or oxygen may consist of a snorkel tube which is in communication with the atmosphere, or it may be a tube which in turn is in communication with a tank of compressed oxygen o r air or other breathing atmosphere” Column 1, Line 65 thru Column 2, Line 15) wherein the breathing tube (12) is located on an upper portion of the body (“adapted to cover the eyes and nose of the user” Column 1, Line 65 thru Column 2, Line 15, best seen Figure 1) , and a three way connector (15, best seen Figures 1 and 4, defined by the operational pathways of 16, 17/13, and 14, wherein 16 – “ Valve 16 is p referably placed at the lowest point in the mask when the user is it swimming position so that water within the mask may be sucked inward into the tube and expelled through the output tube 13. ” Column 2, Lines 10-30; wherein 17/13 –“ Common tube 15 is also closely proximate to and in communication with an outwardly opening exhaust check-valve 17, which in turn is in communication with output tube 13 . ” Column 2, Lines 10-30; and wherein 14 – “A mouth-engagement member or mouthpiece 14 ” Column 2, Lines 10-30 ) , wherein the three way connector (15) is located on a lower portion of the body (“adapted to cover the eyes and nose of the user” Column 1, Line 65 thru Column 2, Line 15, best seen Figure 1), and wherein the breathing tube (12) and the three way connector (15) are in fluid communication with an interior of the body (“adapted to cover the eyes and nose of the user” Column 1, Line 65 thru Column 2, Line 15, best seen Figure 1). The resultant effect of this configuration of the breathing mask with each of the breathing tube, and three-way connector provides a fluidly communicated enclosed space upon which the eyes, nose, and mouth of the user are provided with breathable gas/air. Therefore, it would have been obvious to one having ordinary skill in the art to modify the underwater mask of Shiue ‘714 to be utilized with each of the breathing tube, and three- way connector as taught by Girden to provide enclosed space upon which the eyes, nose, and mouth of the user are provided with breathable gas/air. As to Claim 13, the modified Shiue ‘714, specifically Girden teaches the configuration of the three way connector (15) having a nose connecting portion (via 16, “ Valve 16 is p referably placed at the lowest point in the mask when the user is it swimming position so that water within the mask may be sucked inward into the tube and expelled through the output tube 13. ” Column 2, Lines 10-30), a drain valve portion (via 17/13, “ Common tube 15 is also closely proximate to and in communication with an outwardly opening exhaust check-valve 17, which in turn is in communication with output tube 13 . ” Column 2, Lines 10-30), and a mouthpiece portion (via 14, “A mouth-engagement member or mouthpiece 14 ” Column 2, Lines 10-30) which communicate with one another, and the three way connector (15) is in fluid communication with the body (“adapted to cover the eyes and nose of the user” Column 1, Line 65 thru Column 2, Line 15, best seen Figure 1). Regarding the nose equalizer device limitation, the modified Shiue ‘714, specifically Shiue ‘714 discloses the nose equalizing device (defined by the cooperative interaction of 10’, 40’, and 50’, as best seen in Figures 4 and 5, wherein 10’ – “ the peripheral edge of the skirt 10' ” Para 0023; 40’ – “ the nose enclosure 40' ” Para 0023; and 50’ – “ A concentric portion including ridges and grooves 50' ” Para 0023) is disposed in a nasal chamber defined by the body (encompassing the eyes and nose of the user). Thus, the modified Shiue ‘714 connects the nose equalizing device (defined by the cooperative interaction of 10’, 40’, and 50’, as best seen in Figures 4 and 5) as disclosed by the modified Shiue ‘714 with the nose connecting portion (via 16) of the three way connector (15) as disclosed by the modified Shiue ‘714, specifically Girden . Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shiue (2008/0196714 – herein Shiue ‘714) in view of Lemke (2001/0013346). As to Claim 14, Shiue ‘714 discloses the underwater mask (Figures 4 and 5) is a breathable mask (“ a dive mask ” Para 0023) having body (which encompasses the nose and eyes of the user) and wherein the nose equalizing device (defined by the cooperative interaction of 10’, 40’, and 50’, as best seen in Figures 4 and 5, wherein 10’ – “ the peripheral edge of the skirt 10' ” Para 0023; 40’ – “ the nose enclosure 40' ” Para 0023; and 50’ – “ A concentric portion including ridges and grooves 50' ” Para 0023) is disposed in an orinasal chamber defined by the body (which encompasses the nose and eyes of the user). Yet, does not expressly disclose the use of “full face breathable mask … in which the body covers the eyes, nose, and mouth of the user” nor “a breathing tube communicating with the body”. Lemke teaches an alternative underwater mask (Figure 1) suitable for underwater usage (“ underwater ” Title) to provide breathing assistance to the user, wherein the underwater mask is constructed as a full face breathable mask which encompasses the eyes, nose and mouth of the user (“ a water-tight seal about the face while covering the eyes, nose and mouth of the swimmer . ” Para 0009) and further includes a breathing tube ( 25, “ The molded tube assembly 23 protrudes through the inner mask 24 thereby providing an air path from an attached snorkel tube 25 to the swimmer . ” Para 0019) connected thereto to provide breathing assistance to the user. Therefore, it would have been obvious to one having ordinary skill in the art to modify the underwater mask of Shiue ‘714 to be utilized with each of the breathing tube and in the configuration of a full face mask as taught by Lemke to provide enclosed space upon which the eyes, nose, and mouth of the user are provided with breathable gas/air. Claim 1- 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Winefordner et al. (5,860,168) in view of Shiue (2008/0196714 – herein Shiue ‘714). As to Claim 1, Winefordner discloses a nose equalizing device (defined by the cooperative operation of 32 and 20, wherein 32 – “ On each side of nose enclosure 20, there is a nose compression recess 32 in the skirt 18 which permits one-handed access to the sides of the diver's nose permitting closure of the nostrils for each pressure equalization. ” Column 2, Line 45 thru Column 3, Line 10; and wherein 20 – “ On each side of nose enclosure 20 , there is a nose compression recess 32 in the skirt 18 which permits one-handed access to the sides of the diver's nos e permitting closure of the nostrils for each pressure equalization. ” Column 2, Line 45 thru Column 3, Line 10) of a underwater mask (Figures 1, 3, and 4), comprising: two pouches (32, “ On each side of nose enclosure 20, there is a nose compression recess 32 in the skirt 18 which permits one-handed access to the sides of the diver's nose permitting closure of the nostrils for each pressure equalization. ” Column 2, Line 45 thru Column 3, Line 10) having an opening (defined by the indented space from the ambient to receive the fingers, best seen Figures 3 and 4) and a bottom portion (defined by the apex shape as best shown in Figure 4 in solid line format) corresponding to the opening (defined by the indented space from the ambient to receive the fingers, best seen Figures 3 and 4); characterized in that each of the bottom portion s (defined by the apex shape as best shown in Figure 4 in solid line format) is preformed into a first shape (apex shape as best shown in Figure 4 in solid line format) and is in a first position (about the nose of the user but not in contact with the nose of the user), wherein the bottom portions (defined by the apex shape as best shown in Figure 4 in solid line format) is adapted/configured to be positioned distal from the nose wing of the user; when two fingers of the user exert forces inwardly from the bottom portion (defined by the apex shape as best shown in Figure 4 in solid line format) from the opening (defined by the indented space from the ambient to receive the fingers, best seen Figures 3 and 4) of the two pouches (32), respectively, each of the bottom portions (defined by the apex shape as best shown in Figure 4 in solid line format) is capable of being stretched and deformed (best seen in Figure 4 – in phantom) into a second shape (inwardly curved shape as best shown in Figure 4 in phantom) and being in a second position (in contact with the nose of the user), wherein the bottom portions (defined by the apex shape as best shown in Figure 4 in solid line format) is adapted/configured to be positioned proximal to the respective nose wings of the user; and wherein when the exerted forces are released, each of the bottom portions (defined by the apex shape as best shown in Figure 4 in solid line format) is capable of automatically or by reverse force outwards, returning to the first position (about the nose of the user but not in contact with the nose of the user) and restoring to the first shape (apex shape as best shown in Figure 4 in solid line format). Regarding the action steps of the hand of the user, Primary Examiner notes these action steps are conventionally known as the Valsalva maneuver – which is utilized by swimming and divers to equalize the pressure along the pathway from the nose to the ears along the Eustachian tubes. As explicitly described, Winefordner discloses “ On each side of nose enclosure 20 , there is a nose compression recess 32 in the skirt 18 which permits one-handed access to the sides of the diver's nos e permitting closure of the nostrils for each pressure equalization. ” (Column 2, Line 45 thru Column 3, Line 10). Consequently, the claimed first shape and/or position is a function of the mask simply being placed on to the face of the user wherein the mask is positioned about the nose of the user, but not in contact with the nose of the user includes the apex shape shown in straight line format; whilst, the claimed second shape and/or position is a function of the pressing the nose closed placing the pouches in contact with the user’s nose resulting the stretched and deformed shape as the curved shape in phantom. Once the Valsalva maneuver has been performed and the hand is removed from the mask the mask will regain its former claimed first shape and/or position about but not in contact with the nose of the user. Yet, Winefordner does not expressly disclose the configuration of the first shape having a plurality of continuous folding portions. Shiue ‘714 teaches an alternative nose equalizing device (defined by the cooperative interaction of 10’, 40’, and 50’, as best seen in Figures 4 and 5, wherein 10’ – “the peripheral edge of the skirt 10'” Para 0023; 40’ – “the nose enclosure 40'” Para 0023; and 50’ – “A concentric portion including ridges and grooves 50'” Para 0023) of an underwater mask (“a dive mask” Para 0023, best seen Figures 4 and 5), comprising: two pouches (represented by the region 50’ on the left and right side of the nose, “concentric portion including ridges and grooves 50'” Para 0023), each having an opening (formed by the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose, show in Figure 5 in solid line formation), and a bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) corresponding to the opening (formed by the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose, show in Figure 5 in solid line formation); characterized in that: each of the bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is preformed into a first shape (Figure 5 in solid line formation) having a plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves) is in a first position (about the nose of the user but not in contact with the nose of the user), the bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is adapted/configured to be positioned distal from the nose wing of the user; when two fingers of the user exert forces inwardly toward the bottom portions (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) from the openings (formed by the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose, show in Figure 5 in solid line formation) of the two pouches (represented by the region 50’ on the left and right side of the nose), respectively, each of the bottom portions (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is capable of being stretched and deformed (“A user may press the concentric portions 50 for stretching. A curved surface (i.e., a recess) as indicated by dotted lines in FIG. 5 is formed at either side of the nose enclosure 40' as a result of the stretching.” Para 0023) into a second shape (Figure 5 – in phantom) and being in a second position (in contact with the nose of the user), the bottom portion (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is adapted/configured to be positioned proximal to the respective nose wing of the user; and when the exerted forces are released, each of the bottom portions (formed by the depression of the planar space between the upper region of 50’ and the lower region of 50’ located on one side of the nose to a curvature as shown in Figure 5 in phantom) is capable of automatically or by a reverse force outwards, returning to the first position (about the nose of the user but not in contact with the nose of the user) and restoring the first shape (Figure 5 in solid line formation). Regarding the first shape having a plurality of continuous folding portions, Shiue ‘714 teaches the construction of the first shape with the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves) enables the stretching and deforming action (“A user may press the concentric portions 50 for stretching. A curved surface (i.e., a recess) as indicated by dotted lines in FIG. 5 is formed at either side of the nose enclosure 40' as a result of the stretching.” Para 0023). In light of the teachings of Shiue ‘714, the modification of Winefordner ’s shape to include the use of a plurality of continuous folding portions (50’) as taught by Shiue ‘714 is obvious to try choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, whereby success would be defined by the ability of the shapes to convert based upon the engagement of the pouches with the nose of the user to perform the Valsalva maneuver. Therefore, it would have been obvious to one having ordinary skill in the art to modify the shape of the bottom portions of Winefordner to include the use of the plurality of continuous folding portions (50’) as taught by Shiue ‘714 to enable the stretching and deformation pouches to accommodate the engagement of the pouches with the nose of the user to perform the Valsalva maneuver. As to Claim 2, the modified Winefordner , specifically Winefordner discloses a rim (24, “ Skirt 18 is shaped to provide a nose enclosure 20 terminating in a lower skirt member 24 through which there is a hole 25 in which there is secured a mushroom one-way valve 30 by press fit engagement. ” Column 2, Line 45 thru Column 3, Line 10) and a partition (20, “ a nose enclosure 20 ” Column 2, Line 45 thru Column 3, Line 10), wherein the partition (20) extends across an upper portion and lower portion of the rim (24), thereby forming two pouches (32) independently of each other on the left and right. As to Claim 3, the modified Winefordner , specifically Winefordner discloses the rim (24) and the partition (20) are integrally formed with a frame portion (12, “ The skirt is formed with a continuous edge 15 designed to be captured between the frame 12 and the window 14 upon assembly of the mask. ” Column 2, Line 45 thru Column 3, Line 10) or the lens portion (14, “ The skirt is formed with a continuous edge 15 designed to be captured between the frame 12 and the window 14 upon assembly of the mask. ” Column 2, Line 45 thru Column 3, Line 10) of the underwater mask (Figures 1, 3, and 4). It is noted the scope of integrally formed includes the consideration of the final manufacturing disposition prior to use by the user whereby the components are attached. As to Claim 4, the modified Winefordner , specifically Winefordner discloses two pouches (32) are integrally formed with a waterproof skirt (18, “ On each side of nose enclosure 20, there is a nose compression recess 32 in the skirt 18 which permits one-handed access to the sides of the diver's nose permitting closure of the nostrils for each pressure equalization. ” Column 2, Line 45 thru Column 3, Line 10) of the underwater mask (Figures 1, 3, and 4). It is noted the scope of integrally formed includes the consideration of the final manufacturing disposition prior to use by the user whereby the components are attached. As to Claim 5, the modified Winefordner , specifically Winefordner discloses rim ( 24), the partition (20) and the two pouches (32) are integrally formed with a waterproof skirt (18, “ On each side of nose enclosure 20, there is a nose compression recess 32 in the skirt 18 which permits one-handed access to the sides of the diver's nose permitting closure of the nostrils for each pressure equalization. ” Column 2, Line 45 thru Column 3, Line 10) of the underwater mask (Figures 1, 3, and 4). It is noted the scope of integrally formed includes the consideration of the final manufacturing disposition prior to use by the user whereby the components are attached. As to Claim 5, the modified Winefordner , specifically Winefordner discloses the two pouches (32) having the same material composition by the similar cross-hatching as shown in Figures 1, 3, and 4, of the skirt (18) – “ Skirt 18 is preferably molded of a cured silicone rubber- like clear or transparent material. ” (Column 2, Line 45 thru Column 3, Line 10). Thus, the modified Winefordner meets the limitations of the claims as “silicone rubber” is a known soft material having a Shore A hardness between 10 and 90. As to Claim 8, the modified Winefordner , specifically Shiue ‘714 teaches the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves) are formed with at least two adjacent sidewalls parallel to each other. As shown in Figure 4, the upper region of 50’ includes a pair or a series of two and the lower region of 50’ includes a pair or a series of two for each side of the left and right sides of the underwater mask. Thus the total number of plurality of continuous folding portions (50’) includes 4 regions with a pair in each region yielding 8 - folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves. Claim 7 are rejected under 35 U.S.C. 103 as being unpatentable over Winefordner et al. (5,860,168) in view of Shiue (2008/0196714 – herein Shiue ‘714), as applied to Claim 6 and further in view of Stinton (2014/0190476). As to Claim 7, the modified Winefordner , specifically Winefordner discloses the use of “silicone rubber” is a known soft material having a Shore A hardness between 10 and 90. Yet, does not expressly disclose the explicit Shore A hardness range of 70-90. Stinton teaches a mask suitable for underwater applications (Para 0032; also see: Para 0047 and 0059) having a body constructed of silicone rubber with a Shore A durometer range of 70 – “ The body 26 is advantageously made of rubber of silicon, with a durometer of about 70 believed suitable for the body 26. ” (Para 0044). Therefore, it would have been obvious to one having ordinary skill in the art to modify the silicone rubber of the modified Winefordner to be specifically within the claimed range of 70-90, as taught by Stinton to be suitable for underwater mask constructions. Claim s 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Winefordner et al. (5,860,168) in view of Shiue (2008/0196714 – herein Shiue ‘714), as applied to Claim 1, and further in view of Suzuki (4,462,397). As to Claim 9, the modified Winefordner , specifically Shiue ‘714 teaches the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves); yet, does not expressly disclose the dimensions of the plurality of continuous folding portions to have “a thickness ranging between 0.3 mm to 4 mm”. Suzuki teaches an additional device (1/3, “ The first and second coaxial main tubes 1, 3 ” Column 4, Lines 10-30) constructed with a plurality of continuous folding portions (“ corrugated ” Column 9, Line 50 thru Column 10, Line 5) – for the purpose of enabling the reactivity of the device (1/3) to undergo expansion and dynamic movement without kinking in response to pressure/force applied to the device (Column 1, Line 55 thru Column 2, Line 5). Regarding the remaining limitations, Suzuki teaches the plurality of continuous folding portions in the form of corrugations are constructed with “ Two corrugated tubes of polyvinyl chloride 0.5 m in length, 0.75 mm in wall thickness , 10.5 mm in outside diameter at grooves, and 14.5 mm in outside diameter at ridges ”. (Column 9, Line 60 thru Column 10, Line 5). In light of the ability of the plurality of continuous folding portions in the form of corrugations to permit expansion and dynamic movement, the claimed configuration of a wall thickness “between 0.3 mm to 4 mm” was known, whereby Suzuki expressly teaches a wall thickness within the claimed configuration at 0.75 mm was known enable expansion and dynamic movement. Therefore, it would have been obvious to one having ordinary skill in the art to modify the plurality of continuous folding portions of the modified Winefordner to be constructed with a wall thickness within the claimed range, as taught by Suzuki to be a suitable wall thickness construction to enable the expansion and dynamic movement of the plurality of continuous folding portions. As to Claim 10, the modified Winefordner , specifically Shiue ‘714 teaches the plurality of continuous folding portions (50’ – represented by the series of folds, bends, concertinas, corrugations, gusset, undulations, ridges, and/or grooves); yet, does not expressly disclose the dimensions of the plurality of continuous folding portions to have “a height ranging between 2 mm and 18 mm”. Suzuki teaches an additional device (1/3, “The first and second coaxial main tubes 1, 3” Column 4, Lines 10-30) constructed with a plurality of continuous folding portions (“corrugated” Column 9, Line 50 thru Column 10, Line 5) – for the purpose of enabling the reactivity of the device (1/3) to undergo expansion and dynamic movement without kinking in response to pressure/force applied to the device (Column 1, Line 55 thru Column 2, Line 5). Regarding the remaining limitations, Suzuki teaches the plurality of continuous folding portions in the form of corrugations are constructed with “Two corrugated tubes of polyvinyl chloride 0.5