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 .
Information Disclosure Statement
The information disclosure statement(s) filed on 06/24/2024, 08/22/2024 and 11/26/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claims
This office action is in response to the preliminary amendment filed on 06/24/2024. As directed by the preliminary amendments, claims 1-62 have been cancelled and claims 63-83 have been added. As such, claims 63-83 are being examined in this application.
Claim Objections
Claim(s) 63 is/are objected to because of the following informalities:
Claim 63, line 2, recites “…a housing…” but should recite “…a housing;” for clarity.
Appropriate correction is required.
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) 63-65, 74-80 and 83 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hammer (US 20190083734 A1).
Regarding claim 63, Hammer teaches a directional lock assembly (directional lock 1616, see Figs. 2 and 5A-6B) for a respiratory mask headgear (mask type interface 1650, see Fig. 2 and [0002]) comprising:
a housing (housing 1810, see Figs. 5A-6B)
a lock element (washer 1820 and 1822, see Figs. 5A-6B) configured to pivot between a first position and a second position (washer 1822 pivots between a first position as seen in Figs. 6A and 11A and a second position as seen in Figs. 6B and 11C);
a core member (core member 1830, see Figs. 5A-6B); and
a disengagement member (catch arm 1902, catch end 1904, conduit portion 1912 and stop guide 1920, see Figs. 6A-9 and 11A-12C) configured to slide between an actuated position and an unactuated position (catch arm 1902 and catch end 1904 slide between a released position (taken as unactuated position) as seen in Figs. 11A and 12A and a locked position (taken as actuated position) as seen in Figs. 11C and 12C), wherein in the actuated position, the disengagement member is configured to engage with the lock element to prevent the lock element from pivoting between the first position and the second position (catch arm 1902 and catch end 1904 engages with washer 1822, as catch end 1904 moves the lock washer 1822 in the locking direction as seen in Figs. 11A-11C and [0170], and therefore catch end 1904 prevents washer 1822 from moving back into the first position as seen in Figs. 6B and 12B and [0174]);
the housing comprising a first end wall, a second end wall, a first side wall, a second side wall, and wherein the first side wall and the second side wall extend between the first end wall and the second end wall (Hammer teaches the directional lock of 1616 shown in Figs. 6A-13 is the same or similar to corresponding structure in Figs. 2-5 as seen in [0168]. Figs. 5A-5D show housing 1810 comprising two end walls 1814 (one would be a first end wall and the second would be a second end wall) and a pair of side walls 1816 that extend between the end walls 1814 of housing 1810 as seen in [0162]. As such, the housing 1810 shown in Figs. 6A-6B also has two end walls and two side walls, wherein the side walls extend between the end walls of the housing);
the housing further comprising a chamber configured to house the lock element, wherein the lock element is pivotally retained within the chamber by the first side wall and the second side wall (housing 1810 comprises a chamber 1842 which houses washer 1822, wherein washer 1822 is pivotally retained within chamber 1842 by the pair of side walls 1816 as seen in Figs. 5A-5D and Figs. 6A-6B),
wherein each of the first end wall, second end wall, and the lock element comprise an opening for the core member to pass through (housing 1810 has a first end wall and second end wall with a core opening 1860 for core member 1830 to pass through and washer 1822 comprises a circular aperture 1876 to receive core member 1830 as seen in Figs. 5A-6B and [0162] and [0164]).
Regarding claim 64, Hammer teaches the assembly of 63, and further teaches wherein the disengagement member is further configured to move the lock element from the second position to the first position (Hammer teaches catch arrangement 1900 can assist in both the activation and release of the lock washer as seen in [0177], and as such, catch end 1904 contacts washer 1822 to move the washer 1822 from the lock position to the release position).
Regarding claim 65, Hammer teaches the assembly of 63, and further teaches wherein the first position is an open position and the second position is a locked position (Hammer teaches washer 1822 in a released position as seen in Figs. 6A and 11A and in a locked position as seen in Figs. 6B and 11C and [0174]-[0175]).
Regarding claim 74, Hammer teaches the assembly of 63, and further teaches further comprising a plurality of lock elements (Hammer teaches washer 1820 and 1822 as seen in Figs. 5A-5D, and also teaches two or more lock elements in Figs. 6-13 as seen in [0169]).
Regarding claim 75, Hammer teaches a headgear for a respiratory mask (Hammer teaches a headgear assembly 1600 comprising a full face mask 1650 as seen in Fig. 2 and [0152] and [0002]), comprising:
at least one strap (top strap 1608, rear strap 1610 and core member 1830, see Fig. 2) comprising a filament (headgear assembly 1600 comprises of headgear rear portion 1604 and length adjusting portion 1606, wherein headgear rear portion 1604 includes a top strap 1608 and rear strap 1610 as seen in Fig. 2 and [0153]. Rear strap 1610 comprises of length adjusting portion 1606 with core member 1830 as seen in Fig. 2 and [0155]-[0159]);
a directional lock (directional lock 1616, see Figs. 2 and 5A-6B and 11A-12C) configured to limit movement of the filament in a first direction until a minimum force is applied to the filament in the first direction (Hammer teaches directional lock 1616 to comprise of washers 1820 and 1822, wherein a force applied to the core member 1830 in a first direction causes the first and second lock washers 1820 and 1822 to pivot, such that the path of the core member 1830 through directional lock 1616 is non-linear and the movement of the core member 1830 is restricted as seen in 5A-6B and 11A-12C and [0166]-[0167] and [0169]. Hammer further teaches movement of core member 1830 relative to the lock is inhibited to normal or expected blow-off forces but movement of the core member 1830 is permitted due to a force applied by the user to deliberately extend the circumference as seen in Fig. 1 and [0169] and [0135]-[0137]);
a disengaging member (catch arm 1902, catch end 1904, conduit portion 1912, stop guide 1920, see Figs. 6A-9 and 11A-11C) configured to move between an actuated position and an unactuated position (Hammer teaches catch arm 1902 and catch end 1904 slide between a released position as seen in Figs. 11A and 12A and a locked position as seen in Figs. 11C and 12C and further teaches catch arrangement 1900 to assist in the release of the lock washer as seen in [0177]. As such, the unactuated position is the locked position and the actuated position is the released position), wherein in the actuated position, the disengaging member is operable to reduce the minimum force required to move the filament in the first direction (Hammer teaches catch arrangement 1900 to assist in the release of the lock washer as seen in [0177], and as such catch end 1904 contacts washer 1822 to move the washer 1822 from the lock position to the release position to reduce the force required to move core member 1830).
Regarding claim 76, Hammer teaches the headgear of 75, and further teaches wherein the directional lock comprises a housing (housing 1810, see Figs. 5A-6B) containing a lock member (washer 1820 and 1822, see Figs. 5A-6B), the lock member configured to pivot between a first position and a second position (washer 1822 pivots between a first position as seen in Figs. 6A and 11A and a second position as seen in Figs. 6B and 11C).
Regarding claim 77, Hammer teaches the headgear of 76, and further teaches wherein the first position is an open position, and the second position is a locked position (Hammer teaches washer 1822 in a released position as seen in Figs. 6A and 11A and in a locked position as seen in Figs. 6B and 11C and [0174]-[0175]).
Regarding claim 78, Hammer teaches the headgear of 76, and further teaches wherein a frictional force between the lock member and the filament is greater in the second position than the first position (Hammer teaches a force applied to the core member 1830 in a first direction causes the first and second lock washers 1820 and 1822 to pivot, such that the path of the core member 1830 through directional lock 1616 is non-linear and the movement of the core member 1830 is restricted as seen in 5A-6B and 11A-12C and [0166]-[0167] and [0169]. As such, the frictional force between washers 1820 and 1822 and the core member 1830 is greater in the locked position).
Regarding claim 79, Hammer teaches the headgear of 76, and further teaches wherein the lock member is configured to move from the first position to the second position in response to the minimum force being applied to the filament in the first direction when the disengaging member is in the unactuated position (Hammer teaches a force applied to the core member 1830 in a first direction causes the first and second lock washers 1820 and 1822 to pivot, such that the path of the core member 1830 through directional lock 1616 is non-linear and the movement of the core member 1830 is restricted as seen in 5A-6B and 11A-12C and [0166]-[0167] and [0169]). Hammer further teaches catch arrangement 1900 to assist in the release of the lock washer as seen in [0177], and as such, the catch end 1904 is in an unactuated position as washer 1822 moves towards the lock position).
Regarding claim 80, Hammer teaches the headgear of 76, and further teaches wherein the lock member is moved to or retained in the first position by the disengaging member when the disengaging member is in the actuated position (Hammer teaches catch arrangement 1900 to assist in the release of the lock washer as seen in [0177]. As such, lock washer 1822 is moved into the first position by catch end 1904 in the actuated position towards the release position).
Regarding claim 83, Hammer teaches the headgear of 76, and further teaches further comprising a plurality of lock members (Hammer teaches washer 1820 and 1822 as seen in Figs. 5A-5D, and also teaches two or more lock elements in Figs. 6-13 as seen in [0169]).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 72-73 and 81 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammer (US 20190083734 A1) in view of Hannah (US 5941245 A).
Regarding claim 72, Hammer teaches the assembly of 63, but does not teach further comprising a biasing element configured to return the disengagement member from the actuated position to the unactuated position.
However, Hannah teaches comprising a biasing element (spring 50, see Figs. 2-5) configured to return the disengagement member (button 78, see Figs. 2-5) from the actuated position to the unactuated position (Hannah teaches a frictional engagement between tube 36 and stop washer 52, such that if the strap element feels extremely tight, a user can depress button 78 as seen in Figs. 2-5 and Col. 5, lines 45-67. When button 78 is depressed, the butt end 86 of wall 84 comes into contact with stop washers 52 to move the stop washers into a more orthogonal position out of frictional locking as seen in Col. 5, lines 45-67. After button 78 is released from being actuated, spring 50 shifts the button back to its starting/unactuated position as seen in Col. 5, lines 45-67).
Hannah teaches a respiratory apparatus 10 with a mask 12 and a frictional locking engagement between mount 36 and stop washers 52 (see Figs. 1-5 and Col. 5, lines 45-67) which is similar to the directional lock 1616 of Hammer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hammer to include a spring as taught by Hannah to aid in shifting the disengagement member into its starting position (see Col. 5, lines 45-67).
Regarding claim 73, Hammer in view of Hannah teaches the assembly of 72, and Hannah further teaches wherein the biasing element is a spring (spring 50, see Figs. 2-5).
Regarding claim 81, Hammer teaches the headgear of 75, but does not teach further comprising a biasing element configured to return the disengaging member from the actuated position to the unactuated position.
However, Hannah teaches comprising a biasing element (spring 50, see Figs. 2-5) configured to return the disengagement member (button 78, see Figs. 2-5) from the actuated position to the unactuated position (Hannah teaches a frictional engagement between tube 36 and stop washer 52, such that if the strap element feels extremely tight, a user can depress button 78 as seen in Figs. 2-5 and Col. 5, lines 45-67. When button 78 is depressed, the butt end 86 of wall 84 comes into contact with stop washers 52 to move the stop washers into a more orthogonal position out of frictional locking as seen in Col. 5, lines 45-67. After button 78 is released from being actuated, spring 50 shifts the button back to its starting/unactuated position as seen in Col. 5, lines 45-67).
Hannah teaches a respiratory apparatus 10 with a mask 12 and a frictional locking engagement between mount 36 and stop washers 52 (see Figs. 1-5 and Col. 5, lines 45-67) which is similar to the directional lock 1616 of Hammer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hammer to include a spring as taught by Hannah to aid in shifting the disengagement member into its starting position (see Col. 5, lines 45-67).
Allowable Subject Matter
Claim(s) 66-71 and 82 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 66 recites “…wherein the lock element comprises: shaft, an arm extending from the shaft; and one or more protrusions extending from the arm.” Hammer (US 20190083734 A1) teaches wherein the lock element (washer 1820 and 1822, see Figs. 5A-8) comprises: a shaft (cylindrical shaft 1824, see Figs. 5A-8) and an arm extending from the shaft (Hammer teaches arm 1826 extending from cylindrical shaft 1824 as seen in Figs. 5A-8 and [0164]) but does not teach one or more protrusions extending from the arm. It was further considered to have sleeve 1910 to be the lock element as it does have catch arm 1902, however, sleeve 1910 does not pivot.
Huddart (US 20160144146 A1) teaches washers 1820 and 1822, however, although both washers have a shaft and an arm as seen in [0425], neither of them has one or more protrusions.
As a result, because no references of record or reasonable conclusion thereof, could be found which disclose or suggest all features of claim 66, claim 66 is allowable subject matter. Claims 67-71 depend from claim 66 and are considered allowable subject matter by virtue of their dependency on claim 66.
Claim 82 recites “wherein the disengaging member comprises a number of arms configured to engage with a corresponding number of protrusions of the lock member to prevent the lock member from pivoting.” Hammer teaches a disengaging member (catch arm 1902, catch end 1904, conduit portion 1912, stop guide 1920, see Figs. 6A-9 and 11A-11C) with a catch arm 1902 engaging with washer 1822 (taken as lock member). However, Hammer does not teach “wherein the disengaging member comprises a number of arms configured to engage with a corresponding number of protrusions of the lock member to prevent the lock member from pivoting” as Hammer does not have the catch arm 1902 engaging with a protrusion of the lock member to prevent the lock member from pivoting.
As a result, because no references of record or reasonable conclusion thereof, could be found which disclose or suggest all features of claim 82, claim 82 is allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Fiser (US 20080065015 A1) teaches a locking clip with a needle cannula.
Smith (US 20130074845 A1) teaches a headgear with a locking mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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