DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 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 38 is 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. Due to the presence of the term “or” in line 5 of claim 36, from which claim 3 depends upon, claim 38 is indefinite because it further limits an optional limitation. Specifically, claim 38 further limits the structure of the “second strap portion”, however claim 36 recites the limitation of “component or second strap portion”, therefore claim 38 further limits an optional limitation. For the purpose of examination, the examiner will interpret this limitation to be met as long as the prior art teaches the remainder of the recited limitations not involving the term “second strap portion”. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis ( i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 21- 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berthon-Jones et al. (US 2014/0000619 A1). Regarding claim 21, Berthon-Jones discloses a headgear assembly for a respiratory mask comprising (headgear assembly 600 for a respiratory mask 800, Figures 15-16 and Paragraph 0067) : a plurality of straps comprising a first front strap and a second front strap (headgear assembly comprises a plurality of straps including horizontal strap portions 608, 610, Paragraph 0067 and Figures 15-16) ; a mask frame (mask frame 700, Figures 15-16 and Paragraph 0071), comprising a first side arm and a second side arm (mask frame 700 may include a pair of horizontally opposing connecting arms 718 comprising a first and second arm portions 720, 722, Paragraph 0073 and Figure 19) , the first side arm and the second side arm extending rearwardly (see first and second arm portions 720, 722 of mask frame 700 extending reward , Figure 19) ; a first adjustment mechanism associated with the first front strap and the first side arm (the anterior ends 612 of the first and second horizontal strap portions 608 and 610 are adjustably connected to the first and second arm portions 720, 722 of the frame 700 via a threaded adjusting member 626 and threaded fastener 628, Paragraph 0069 and Figure 19) ; and a second adjustment mechanism associated with the second front strap and the second side arm (the anterior ends 612 of the first and second horizontal strap portions 608 and 610 are adjustably connected to the first and second arm portions 720, 722 of the frame 700 via a threaded adjusting member 626 and threaded fastener 628, with the threaded adjusting member 626 disposed on both sides of the headgear, therefore comprising a first and second adjusting mechanism, Paragraph 0069 and Figure 19) ; wherein the first adjustment mechanism and the second adjustment mechanism each comprise a worm gear device comprising a screw having a shaft with a helical thread (the threaded adjustment member 626 and the threaded fastener 628, Figure 19 and Paragraph 0069). Regarding claim 22, Berthon-Jones further discloses wherein the first adjustment mechanism comprises a first housing configured to receive the first front strap and the first side arm (see housing structure surrounding the adjustment mechanism as shown in Figure 17, wherein the housing receives the first strap 610 as the adjustment member 626 is integrally formed with the strap 610, as well as the arm portion 722, Figure 19) , wherein the second adjustment mechanism comprises a second housing configured to receive the second front strap and the second side arm (adjustment mechanisms disposed on both sides of headgear assembly, Figure 19). Regarding claim 23, Berthon-Jones further discloses wherein the first front strap comprises a plurality of notches (as the threaded adjustment member 626 may be integrally formed with the straps themselves, Paragraph 0069, the Examiner is interpreting the threads of the adjustment member 626 as being notches, see also Figure 17) , wherein the helical thread of the first adjustment mechanism is configured to engage the plurality of notches of the first front strap (the helical threads of the threaded fastener 628 engage with the threads/notches of the adjustment member 626 integrally formed with the strap, Paragraph 0069 and Figure 17) , such that rotation of the screw of the first adjustment mechanism causes translation of the first front strap relative to the first housing (rotation of the threaded fastener 628 comprising head 630 causes either advancement or retraction of the fastener 628 along the adjustment member 626 to thereby adjust the position of the frame 700 relative to the patient’s head, Paragraph 0069) , wherein the second front strap comprises a plurality of notches, wherein the helical thread of the second adjustment mechanism is configured to engage the plurality of notches of the second front strap, such that rotation of the screw of the second adjustment mechanism causes translation of the second front strap relative to the second housing (mirrored adjustment features on either side of headgear assembly, Figure 19). Regarding claim 24, Berthon-Jones further discloses wherein rotation of the screw of the first adjustment mechanism in a first direction moves the headgear assembly closer to the respiratory mask, wherein rotation of the first adjustment mechanism in a second direction moves the headgear assembly away from the respiratory mask (rotation of the threaded fastener 628 comprising head 630 causes either advancement or retraction of the fastener 628 along the adjustment member 626 to thereby adjust the position of the frame 700 relative to the patient’s head, Paragraph 0069). Regarding claim 25, Berthon-Jones further discloses wherein the first adjustment mechanism connects the first front strap and the first side arm wherein the second adjustment mechanism connects the second front strap and the second side arm (threaded adjustment members 626 connects the straps 608, 610 with the first and second arm portions 722, 720, Figure 19). Regarding claim 26, Berthon-Jones discloses a headgear assembly for a respiratory mask (headgear assembly 600 for a respiratory mask 800, Figures 15-16 and Paragraph 0067) comprising: a first strap portion (headgear assembly comprises a plurality of straps including horizontal strap portions 608, 610, Paragraph 0067 and Figures 15-16) ; and an adjustment mechanism comprising a threaded member (the anterior ends 612 of the first and second horizontal strap portions 608 and 610 are adjustably connected to the first and second arm portions 720, 722 of the frame 700 via a threaded adjusting member 626 and threaded fastener 628, Paragraph 0069 and Figure 19) , wherein the adjustment mechanism is configured to connect the first strap portion to a component (threaded adjustment member 626 configured to connect horizontal strap portions 608, 610 with first and second arm portions 720, 722 of mask frame 700 , the first and second arm portions being the “component”, Figure 19 and Paragraph 0069 ; the Examiner notes due to the presence of the term “or” in line 4 of this claim, the limitation of “a second strap portion” is not required by the claim ). Regarding claim 27, Berthon-Jones further discloses wherein the first strap portion is a portion of a first strap and the second strap portion is a portion of a second strap (see first and second strap portions 608, 610, Figure 19). Regarding claim 28, Berthon-Jones further discloses wherein the component is a mask frame or a strap connector hub (adjustment mechanism 626 connected to the first and second arm portions 720, 722 of the mask frame 700, Figure 19 and Paragraph 0069). Regarding claim 29, Berthon-Jones further discloses wherein the component (frame 700 comprising first and second arms 720, 722, Figure 19) comprises a threaded aperture configured to engage the threaded member of the adjustment mechanism (first and second arms 720, 722 comprising a connecting portion 702 with a threaded opening to engage with the threaded adjusting member 626, Figure 17 and Paragraph 0069; the Examiner notes due to the presence of the term “or”, the limitation of “a second strap portion” is not required by the claim). Regarding claim 30, Berthon-Jones further discloses wherein rotation of the threaded member in a first direction moves the first strap portion toward the component, wherein rotation of the threaded member in a second direction moves the first strap portion away from the component (rotation of the threaded fastener 628 comprising head 630 causes either advancement or retraction of the fastener 628 along the adjustment member 626 to thereby adjust the position of the frame 700 relative to the patient’s head, Paragraph 0069; the Examiner notes due to the presence of the term “or”, the limitation of “a second strap portion” is not required by the claim). Regarding claim 31, Berthon-Jones further discloses wherein the threaded member of the adjustment mechanism is carried by the first strap portion (threaded fastener 628 is supported by the threaded member 626, which may be integrally formed with the strap 610, Figure 19 and Paragraph 0069). Regarding claim 32, Berthon-Jones further discloses wherein the threaded member extends through the first strap portion to a dial (threaded fastener 628 is supported by the threaded member 626, which may be integrally formed with the strap 610, Figure 19 and Paragraph 0069, with the threaded member extending to a dial 640, Figure 17). Regarding claim 33, Berthon-Jones further discloses wherein the dial is inset in the first strap portion (see dial 630 inset the first strap portion, Figure 19). Regarding claim 34, Berthon-Jones further discloses wherein the dial is located at an end of the first strap portion (see dial 630 disposed at the end of strap portion 610, Figure 19). Regarding claim 35, Berthon-Jones further discloses wherein the dial is coupled to the threaded member such that a user can rotate the dial to rotate the threaded member to adjust a length of the first strap portion (dial 630 is coupled to threaded fastener 628 such that rotation of the threaded fastener 628 comprising head 630 causes either advancement or retraction of the fastener 628 along the adjustment member 626 to thereby adjust the position of the frame 700 relative to the patient’s head, Paragraph 0069). Regarding claim 36, Berthon-Jones further discloses wherein the threaded member comprises a first enlarged end (see threaded adjustment member 626 having a first enlarged end, annotated Figure 19 below) and the threaded aperture comprises a second enlarged end (see member 702 comprising the threaded opening having a second enlarged end, annotated Figure 19 below) , wherein the first enlarged end limits axial movement of the threaded member relative to the first strap portion (the first enlarged end as shown in annotated Figure 19 is the juncture between the threaded member 626 and the strap 610, therefore limits axial movement of the member 626 relative to strap 610) , wherein the second enlarged end limits axial movement of the threaded aperture relative to the component (the second enlarged end s shown in annotated Figure 19 limits the axial movement of the opening relative to the mask frame 700; the Examiner notes due to the presence of the term “or”, the limitation of “a second strap portion” is not required by the claim). Regarding claim 37, Berthon-Jones further discloses wherein the first enlarged end secures the threaded member in a fixed position relative to the first strap portion (the first enlarged end as shown in annotated Figure 19 is the juncture between the threaded member 626 and the strap 610, therefore secures the member 626 in a fixed positive relative to strap 610). Regarding claim 38, Berthon-Jones further discloses the second enlarged end is located within an elongate passage defined within an interior of the second strap portion (see second enlarged end located with the elongated column 702, annotated Figure 19 as shown above; the Examiner notes the 112b rejection regarding this limitation as presented above). Regarding claim 39, Berthon-Jones further discloses wherein the second enlarged end prevents separation of the threaded member and the component (the second enlarged end prevents separation of the threaded member 626 and the frame 700 as it secures the two components together, Figure 19). Regarding claim 40, Berthon-Jones further discloses wherein the adjustment mechanism provides fine length adjustment of the first strap portion or of the headgear assembly (rotation of the threaded fastener 628 comprising head 630 causes either advancement or retraction of the fastener 628 along the adjustment member 626 to thereby adjust the position of the frame 700 relative to the patient’s head, Paragraph 0069). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: the following references teach headgear assemblies comprising adjustment mechanisms providing length adjustment of the headgear assembly: Ferguson et al. (US 3,850,168) and Berthon-Jones et al. (US 2015/0007822 A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 7:30 AM - 4:30 PM . 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, Brandy Lee can be reached on (571)- 270-7410 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SARAH B LEDERER/ Examiner, Art Unit 3785 /MARGARET M LUARCA/ Primary Examiner, Art Unit 3785