DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 15 Apr 2026 has been entered pursuant to the RCE filing on 22 May 2026.
Claims 1-5, 17-18 and 20-31 are pending in the application. Claims 1, 3, 17, 21 and 26 are currently amended. The amendment to the Claims has overcome each and every objection and 35 U.S.C. 112 rejection set forth in the Final Office action mailed 25 Feb 2026.
The prior 35 U.S.C. 103 rejections are withdrawn as requested (Pg. 10) based on the amendment to the claims.
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 applicant regards as his invention.
Claim(s) 18, 27 and 30-31 is/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 18 recites the limitations “the quick-release connector” and “the second interface end”. There is insufficient antecedent basis for the limitations in the claim. The limitations require the introduction which has been deleted from claim 17.
Claim 27 recites the limitations “the quick-release connector” and “its connection portions”. There is insufficient antecedent basis for the limitations in the claim. The limitations require the introduction which has been deleted from claim 26.
Claim 30 recites the limitation “the quick-release connector”. There is insufficient antecedent basis for this limitation in the claim. The limitation requires the introduction which has been deleted from claim 17.
Claim 31 recites the limitations “the quick-release connector” and “the second baffle”. There is insufficient antecedent basis for the limitations in the claim. The limitations require the introduction which has been deleted from claim 26.
Allowable Subject Matter
Claims 1-5, 17-18 and 20-31 are allowed over the prior art. Claims 18, 27 and 30-31 are solely rejected based on the above 35 U.S.C. 112(b) rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the broadening of the claim has not changed the prior indication of allowable subject matter in claim 1. Particular note is further made of the claim language “a first interface end on the elbow includes at least one stepped portion, configured to come into contact with an inner wall of an extended interface at a central opening of the face mask when the stepped portion and the face mask are connected to allow mutual rotation between the elbow and the face mask.” The term “end” in plain language implies a furthest point. Thus, the at least one stepped portion must be located at a furthest point of the elbow but also configured to come into contact with an inner wall of an extended interface at a central opening of the face mask when the elbow is connected to the face mask. Thus, when the elbow is inserted into the face mask the elbow will be generally expected not to pass fully through the extended interface of the face mask because otherwise the furthest point of the elbow would not be able to contact the inner wall of the extended interface. The furthest point of the elbow and its at least one stepped portion must thus reside during use only radially interiorly of the extended interface of the face mask and not further interiorly into the face mask beyond the extended interface.
The previously cited Rothermel (U.S. Pub. 2014/0305433) is an example of an elbow with a stepped portion (Figs. 3-4 #86, 88) but where the stepped portion does not contact with an inner wall of an extended interface when inserted because the stepped portion instead latches beyond an inner wall of the extended interface (e.g. Fig. 4 #86, 88 do not contact #30, as the inner wall of #28, and instead extend beyond an the inner wall of the extended interface). Additionally, the term “stepped” in plain English requires a non-linear surface.
It is thus found that one having ordinary skill in the art at the time of the effective filing of the invention would only have arrived at the instantly claimed invention by way of improper hindsight reasoning.
Regarding claim 17, the claim is found allowable over the prior art for the same general reasons discussed above in regard to claim 1.
Regarding claim 22, the claim remains allowed over the prior art for the same reasons discussed in the preceding Office action.
Regarding claim 26, the claim is found allowable over the prior art for the same general reasons discussed above in regard to claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH D BOECKER whose telephone number is (571)270-0376. The examiner can normally be reached M-F 9:00 AM - 4:00 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, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
Prosecution Insights