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 .
Status of Claims
The present Office action is responsive to the Remarks and Amendments filed on 08-11-2026. As directed, claims 12, 17-18, 20-21, 31, 117-118, 127, and 129 have been amended, claims 15-16 have been newly canceled with claims 1-11, 13, 22-30, 32-114, and 121-126 having been previously canceled, and new claims 131-135 have been added. Thus, claims 12, 14, 17-21, 31, 115-120, and 127-135 are currently pending examination.
Response to Amendment
Applicant has amended each of claims 127 and 129 to address minor informalities therein. The previously held claim objections are hereby withdrawn.
Applicant has canceled claim 15, amended claims 17, and 117-118 in order to address and overcome indefinite language. The previously held rejections of claims 15, 17, and 117-118 under 35 USC 112(b) are hereby withdrawn.
Response to Arguments
Applicant argues, see Remarks as filed pages 8-9, that claim 12 requires that the upper portion be arcuate and wherein bending thereof increases or decreases a radius of an arc, which Applicant alleges Cullen does not teach or suggest, due to Cullen’s “complex” structure as outlined in paragraphs 248-249 which includes differentiated curved and bent sections.
Examiner respectfully disagrees. Paragraphs 253 and 254 were cited in order to indicate the flexure of the upper portion (10305+10320) in a lateral direction, towards and away from the patient’s face. Figure 57 does clearly show an arcuate shape defined by each of arms 10320 (see annotated Fig. 57 below). Given that the flexing of the arms 10320 is defined in the lateral direction, and that each of arms 10320 includes a bend 10310, movement of end portions 10311 of each arm would necessarily increase or decrease a radius of the arc-shape depending on whether the end of each arm 10320 is moved towards the face or away from it. Further, because each of arms 10320 are included in the defined upper portion, the arcuate shape formed by each of the arms contributes to the upper portion being arcuate along at least portions of its length/width. Therefore, Applicant’s arguments are not found to be persuasive, and the rejection of claim 12 will be updated and maintained hereinbelow.
PNG
media_image1.png
419
394
media_image1.png
Greyscale
Further, because claim 12 will be rejected below, each of its dependent claims are not found to be deficient solely on the basis of any alleged deficiency in the rejection of claim 12. Thus, claim 12’sa dependencies are also addressed and rejected hereinbelow. Claim 132 is newly addressed, and claims 18-19 and 129-130, which depend from claim 132 are also rejected hereinbelow.
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.
Claims 12, 14, 17, 20-21, 31, 115-120, 127-128, and 131 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.
Regarding claim 12, line 13 recites the limitation “the lateral dimension can change when subject to lateral forces” which renders the claim indefinite. This is because it is unclear whether the limitation(s) following the phrase “can” are part of the claimed invention. See MPEP § 2173.05(d).
For the purposes of examination, “can” will be interpreted as “is configured to”. In order to overcome the rejection, it is suggested that Applicant adopt this amendment.
Claims 14, 17, 20-21, 31, 115-120, 127-128, and 131 are rejected by virtue of their dependency on claim 12.
Regarding claim 12, lines 15 and 16 respectfully recite a frame region “being weakened relative to at least one other frame region” and “wherein the upper portion comprises a weakened region” and given that the claimed upper portion is claimed at lines 9-10 to be part of the frame, it is unclear whether these weakened regions are the same or different, thus rendering the claim indefinite. For the purposes of examination, the claimed weakened region will be regarded as a single weakened region, where line 16 further limits the position of the line 15 recitation.
Claims 14, 17, 20-21, 31, 115-120, 127-128, and 131 are rejected by virtue of their dependency on claim 12.
Regarding claim 21, lines 1-2 recite “a weakened frame region” which renders the claim indefinite because it is unclear if this is meant to refer to the same weakened region at claim 12, line 15 or claim 1, line 16, or is a new claim limitation. For the purposes of examination, the weakened region will be regarded as a single weakened region throughout claims 12 and 21.
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.
Claims 12, 14, 18-19, 21, 31, 117-120, and 129-132 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cullen (US 2015/0352308).
Regarding claim 12, Cullen discloses a mask assembly (3000) (paragraph 166, lines 1-7; Figs. 64-78, 80-81, and 84-88; note that the figures listed correspond with a “fourth example” of the patient interface as detailed in paragraphs 101-127, 128-129, and 131-136) comprising:
a cushion (3002) with a face contacting portion (251) and a non-face contacting portion (3242), a side wall (457) extending between the face contacting portion (251) and the non-face contacting portion (3242) (paragraph 166, lines 1-6; paragraph 171, lines 1-8; paragraph 190, lines 1-5; Fig. 71); and
a frame (3310) configured to overlay an exterior portion of the side wall (457) of the cushion (3002) (paragraph 168, lines 1-11; paragraph 264, lines 1-15; Figs. 68-69, 71-72, 78, and 82-84, note arms 10320 of frame 3310 overlaying the front part of cushion 3002 that includes side wall 457),
wherein the frame (3310) comprises:
a pair of headgear connectors (either of pairs 10325 or 10330) (paragraph 232, lines 1-8; Fig. 69),
a lateral dimension defined between the pair of headgear connectors (either of pairs 10325 or 10330) (note Figs. 65 and 69, where headgear connectors 10325 are carried on ends of 10320, and straps 10230 are shown connected thereto in Fig. 65, which also illustrates a lateral dimension between the two connection points, note straps 10220 attached to arms 10330, and the lateral dimension between 10330 in the same figures),
an upper portion (10305+10320) which extends laterally across a portion of the mask assembly (3000), and
a central connection portion (see Fig. 53, where the central connection portion is taken to be the portions of the frame 3310 underneath 10305 and 10320, see annotated version below);
wherein the frame (3310) is configured to be laterally compliant so as to resiliently deform such that the lateral dimension can change when subject to lateral forces (paragraph 232, lines 5-6; paragraph 253, lines 1-12, where each set of arms is indicated to include some degree of flexibility; paragraph 254, lines 1-6; paragraph 255, lines 1-7; see Fig. 60 for sagittal plane direction);
wherein the frame (3310) comprises a plurality of frame regions (see at least the medial portion of 3310 containing the central connection portion, separately 10305, and arms 10320 in Fig. 69), at least one frame region (portions of 10320) being weakened relative to at least one other frame region (see at least the medial portion of 3310 containing the central connection portion, separately 10305, and other portions of arms 10320) (paragraph 253, lines 1-10),
wherein the upper portion (10305+10320) comprises a weakened region configured to allow bending up the upper portion (10305+10320) (paragraph 253, lines 1-10; paragraph 254, lines 1-6; Fig. 55), wherein the upper portion (10305+10320) is arcuate, wherein bending of the upper portion (10305+10320) increases or decreases a radius of an arc of the upper portion (10305+10320) (paragraph 253, lines 1-10; paragraph 254, lines 1-6; Figs. 54-55, 57, and 60 for the sagittal plane, note the bend in arms 10320 that forms an arcuate shape best seen in Fig. 57, see annotated Fig. 57 below);
wherein the cushion (3002) comprises an apex portion, the upper portion (10305+10320) of the frame (3310) extending adjacent the apex portion (see Fig. 65, where the apex of 3002, shown at 3100, is in front of the user’s nose, and 10305 and 10320 extend adjacent that portion);
an inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) configured to receive breathable gases from, and be connected to, a gas delivery conduit (4170) (paragraph 167, lines 1-10; paragraph 168, lines 1-11),
wherein the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) is in fluid communication with the cushion (3002) (paragraph 166, lines 4-6; paragraph 215, lines 1-8),
wherein the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) is mounted on the central connection portion of the frame (3310) (note the central connection portion in annotated Fig. 53 below and paragraph 167, lines 1-10; paragraph 168, lines 1-11; see also Fig. 54 with 4180 attached at the central connection portion).
PNG
media_image2.png
196
485
media_image2.png
Greyscale
PNG
media_image1.png
419
394
media_image1.png
Greyscale
Regarding claim 14, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the frame (3310) is configured to be longitudinally non-compliant in a longitudinal direction between the face contacting portion (251) and the non-face contacting portion (3242), so as to resist deformation of the frame (3310) when subject to longitudinal forces (paragraph 254, lines 1-14, note the relative inflexibility of the “vertical direction” where the vertical aspect of arms 10230, at least in-part, lie between the face contacting portion and the non-face contacting portion on the side 457, per Figs. 66, 68-69 and 71; see also paragraph 232, lines 1-5 where the arms 10320 are defined as part of frame 3310).
Regarding claim 21, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein a weakened frame region is adjacent the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) (see Fig. 64 where arms 10320 are adjacent the hose 4180).
Regarding claim 31, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the frame (3310) comprises an inlet opening (3600), wherein the inlet opening (3600) surrounds a central axis that passes through a center on the inlet opening (3600) (see Fig. 55, where the central axis is defined by a line running in a slanted fashion through the middle of aperture 3600; see annotated Fig. 53), the central axis extending generally downwardly (paragraph 168, lines 4-6; Fig. 55, note 3600 has a longitudinal axis defined at its central point and extending downwardly as shown in annotated Fig. 53 below; note that the line is at a slant, and would extend towards the patient’s face in practice).
PNG
media_image3.png
188
371
media_image3.png
Greyscale
Regarding claim 117, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the central connection portion (see annotated Fig. 53 above) has a greater resistance to deformation than a remainder of the frame (3310) (paragraph 253, lines 1-10, see “relative to arm 10320 and/or frame 3310” where the portion of the frame 3310 that excludes arms 10320 includes the central connection portion; see Fig. 53).
Regarding claim 118, Cullen discloses the mask assembly of claim 117, as discussed above.
Cullen further discloses wherein the frame (3310) comprises lateral portions (10320) that extend away from the central connection portion (see annotated Fig. 53 above), the lateral portions (10320) being flexible along at least a portion of their length (paragraph 253, lines 1-10; Fig. 53).
Regarding claim 119, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the frame (3310) is configured to be resiliently deformable (paragraph 253, lines 1-10; paragraph 254, lines 1-6).
Regarding claim 120, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the frame (3310) is made from material which is different from a material of the cushion (3002); wherein the material of the frame (3310) is relatively harder and/or less deformable than the cushion (3002); wherein the material of the frame (3310) is made from a plastics material (see paragraph 228, lines 1-6, where the frame 3310 is a thermoplastic, and paragraph 171, lines 4-5 where the cushion is a flexible elastomer or rubber).
Regarding claim 131, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the pair of headgear connectors (10330) are lower headgear connectors positioned below one or more upper headgear connectors (10320) of the mask assembly (3000) (paragraph 232, lines 1-12; Fig. 59).
Regarding claim 132, Cullen discloses a mask assembly (3000) (paragraph 166, lines 1-7; Figs. 64-78, 80-81, and 84-88; note that the figures listed correspond with a “fourth example” of the patient interface as detailed in paragraphs 101-127, 128-129, and 131-136) comprising:
a cushion (3002) with a face contacting portion (251) and a non-face contacting portion (3242), a side wall (457) extending between the face contacting portion (251) and the non-face contacting portion (3242) (paragraph 166, lines 1-6; paragraph 171, lines 1-8; paragraph 190, lines 1-5; Fig. 71);
the cushion (3002) comprising an outer periphery (see widest portion of seal-forming structure 3100, that is included in the cushion 3002 per paragraph 166, lines 1-8, at each of Figs. 65, 72, and 79); and
a frame (3310) configured to overlay an exterior portion of the side wall (457) of the cushion (3002) (paragraph 168, lines 1-11; paragraph 264, lines 1-15; Figs. 68-69, 71-72, 78, and 82-84, note arms 10320 of frame 3310 overlaying the front part of cushion 3002 that includes side wall 457),
wherein the frame (3310) comprises:
a pair of headgear connectors (either of pairs 10325 or 10330) (paragraph 232, lines 1-8; Fig. 69),
a lateral dimension defined between the pair of headgear connectors (either of pairs 10325 or 10330) (note Figs. 65 and 69, where headgear connectors 10325 are carried on ends of 10320, and straps 10230 are shown connected thereto in Fig. 65, which also illustrates a lateral dimension between the two connection points, note straps 10220 attached to arms 10330, and the lateral dimension between 10330 in the same figures),
a central connection portion (see Fig. 53, where the central connection portion is taken to be the portions of the frame 3310 underneath 10305 and 10320, see annotated version below); and
an outer periphery (see the widest portion of 10315, include in the frame 3310 per paragraph 233, lines 1-3, at Fig. 59, and note that the periphery is taken at the cross-section of 10315 that is located forward of the headgear connections);
wherein the frame (3310) is configured to be laterally compliant so as to resiliently deform such that the lateral dimension is configured to change when subject to lateral forces (paragraph 232, lines 5-6; paragraph 253, lines 1-12, where each set of arms is indicated to include some degree of flexibility; paragraph 254, lines 1-6; paragraph 255, lines 1-7; see Fig. 60 for sagittal plane direction);
an inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) configured to receive breathable gases from, and be connected to, a gas delivery conduit (4170) (paragraph 167, lines 1-10; paragraph 168, lines 1-11),
wherein the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) is in fluid communication with the cushion (3002) (paragraph 166, lines 4-6; paragraph 215, lines 1-8),
wherein the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) is mounted on the central connection portion of the frame (3310) (note the central connection portion in annotated Fig. 53 below and paragraph 167, lines 1-10; paragraph 168, lines 1-11; see also Fig. 54 with 4180 attached at the central connection portion);
wherein when viewed from a front of the mask assembly (3000), the outer periphery of the frame (3310) is substantially within the outer periphery of the cushion (3002) (see Figs. 65, 68 and 79, where portion 10315, as best seen in Fig. 59, is circumferentially smaller than the outer periphery of 3100, as 3100 flares laterally outward relative to the outer periphery of 10315, and thus 10315 is substantially within the outer periphery of 3100; see MPEP 2125).
PNG
media_image2.png
196
485
media_image2.png
Greyscale
Regarding claim 18, Cullen discloses the mask assembly of claim 132, as discussed above.
Cullen further discloses wherein the frame comprises an upper portion (10305+10320) which extends laterally across a portion of the mask assembly (3000), the upper portion (10305+10320) comprising a weakened region configured to allow bending up the upper portion (10305+10320) (paragraph 253, lines 1-10; paragraph 254, lines 1-6; Fig. 55).
Regarding claim 19, Cullen discloses the mask assembly of claim 18, as discussed above.
Cullen further discloses wherein the upper portion (10305+10320) is arcuate, wherein bending of the upper portion (10305+10320) increases or decreases a radius of an arc of the upper portion (10305+10320) (paragraph 253, lines 1-10; paragraph 254, lines 1-6; Figs. 54-55, 57, and 60 for the sagittal plane, note the bend in arms 10320 that forms an arcuate shape best seen in Fig. 57).
Regarding claim 129, Cullen discloses the mask assembly of claim 18, as discussed above.
Cullen further discloses wherein the upper portion (10305+10320) of the frame (3310) which extends laterally across the portion of the mask assembly (3000) is arcuate (Figs. 54-55, and 57, note the bend in arms 10320 that forms an arcuate shape best seen in Fig. 57).
Regarding claim 130, Cullen discloses the mask assembly of claim 129, as discussed above.
Cullen further discloses wherein the cushion (3002) comprises an apex portion, the upper portion (10305+10320) of the frame (3310) extending adjacent the apex portion (see Fig. 65, where the apex of 3002, shown at 3100, is in front of the user’s nose, and 10305 and 10320 extend adjacent that portion).
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.
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 non-obviousness.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Cullen (US 2015/0352308), as applied to claim 12 above, in view of Siew (US 2015/0328423).
Regarding claim 17, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen discloses wherein the plurality of frame regions includes at least one frame region (portions of arms 10320 made to be more flexible) which is relatively flexible to encourage bending in the frame (3310) about a first predetermined axis, and relatively inflexible in another dimension to resist bending about a second predetermined axis (paragraph 253, lines 1-10; paragraph 254, lines 1-6).
Cullen fails to disclose wherein the difference in bending or resistance to bending is due to at least one frame region having a thickness in one dimension that is less than a width in another dimension.
However, Siew teaches a frame (31) including side arms (31D) having a thickness in one dimension and a width in another dimension, wherein the thickness is less than the width (see paragraph 97, where the width is taken to be the length, and the thickness is either the depth or the width; Figs. 2 and 13), wherein the thickness being less than the width encourages bending of the frame about a first predetermined axis and resists bending about a second predetermined axis in order to accommodate different facial features of different users (paragraph 97, see flexibility width-wise, but not height-wise).
Given that Cullen already discloses a difference in bending/resistance to bending in the sagittal verses transverse planes of the frame, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flexible frame portions of Cullen such that a thickness in one dimension is less than a width in another dimension in order to vary the flexibility of the frame in different axes, as taught by Siew, as a known way to produce flexion in the frame and accommodate different facial features of different users.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Cullen (US 2015/0352308), as applied to claim 12 above, in view of Eves (US 2022/0323702).
Regarding claim 20, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen fails to disclose wherein at least one of the plurality of frame regions includes a living hinge.
However, Eves teaches pivot points (6012) on a frame (3350) made up of a living hinge in order to facilitate adjustment of the arms (3362) of the frame (3350) (paragraph 414, lines 1-15; Fig. 26-4).
Therefore, since the arms of the frame of the Cullen assembly are made to be flexible to adjust the lateral dimension, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified portions of the arms (defined as one of the plurality of frame regions) to be constructed of a living hinge, as taught by Eves, as a known alternative way to achieve adjustment of the arms for user fit.
Claims 115-116 and 127-128 are rejected under 35 U.S.C. 103 as being unpatentable over Cullen (US 2015/0352308), as applied to claim 12 above, in view of Romagnoli (US 2015/0335846).
Regarding claim 115, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the frame (3310) comprises a frame clip (3600) mounted on the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) to mount the central connection portion (see annotated Fig. 53 above) of the frame (3310) to the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) (paragraph 168, lines 1-11; Fig. 54).
Cullen fails to discloses wherein the frame clip is removably attached to the inlet connector.
However, Romagnoli teaches wherein a frame clip (3302) may be permanently or removably attached to an inlet connector (see connection end of tube 4180 in Fig. 30) (paragraph 184, lines 1-10; Fig. 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the frame clip and the inlet connector to be removable as an alternative to a permanent connection, as taught by Romagnoli, in order to allow for each of the components to be properly sanitized and cleaned.
Regarding claim 116, Cullen in view of Romagoli disclose the mask assembly of claim 115, as discussed above.
Cullen further discloses wherein the frame clip (3600) is spaced from, and not in contact with a remainder of the frame (3310), such that forces applied to the remainder of the frame are decoupled from the frame clip (3600) (paragraph 247, lines 1-12; Fig. 54, note that 3600 is spaced from 10320 by connector 10305, and the void 10306 also decouples the central connection portion from 10320 directly).
Regarding claim 127, Cullen discloses the mask assembly of claim 12, as discussed above.
Cullen further discloses wherein the frame (3310) comprises a frame clip (3600) mounted on a conduit connector cuff (10610) of the gas delivery conduit (4170) configured to deliver breathable gas to the cushion (3002) (paragraph 166, lines 4-6; paragraph 215, lines 1-8; Fig. 106), wherein the frame clip (3600) comprises a clip wall (10351) defining a partial perimeter, wherein opposing ends of the clip wall (10351) define a mouth (opening of 10351) that opens into an inlet opening of the frame (3310) (paragraph 331, lines 1-8; Fig. 106, note that because 10351 defines an entire perimeter, it is interpreted to also encompass a partial perimeter by virtue of the complete perimeter enclosed; see also the opening of frame 3310 that encompasses 10351).
Cullen fails to discloses wherein the frame clip is removably attached to the conduit connector cuff.
However, Romagnoli teaches wherein a frame clip (3302) may be permanently or removably attached to a hose (4180) (paragraph 184, lines 1-10; Fig. 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the frame clip and the conduit connector cuff to be removable as an alternative to a permanent connection, as taught by Romagnoli, in order to allow for each of the components to be properly sanitized and cleaned.
Regarding claim 128, Cullen in view of Romagoli disclose the mask assembly of claim 127, as discussed above.
Modified Cullen further discloses wherein the frame clip (3600) is removably mounted on both of the inlet connector (see end of tube 4180 in Figs. 64-66 and 81-82 connected at 3600 in frame 3310) and the conduit connector cuff (10610) (Cullen: Figs. 54+106 and paragraph 168, lines 1-10 and paragraph 332, lines 1-15; and Romagnoli: paragraph 184, lines 1-10 for removable connection).
Allowable Subject Matter
Claims 133-135 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: The closest identified prior art relative to the mask shape described in claims 132+133 is Allan (US 2020/0046928). As seen in Figure 1I, the frame portion (900) forms an aperture (space within 903) through which a portion of the cushion’s (901) side wall can be seen. However, given that the frame (900) includes arms (908 and 909), which extend past the outer periphery of the cushion (901), Allan cannot be relied on for the combination of features in claims 132 and 133. Cullen, as relied upon above, does not include a ring formed by the outer periphery of the frame that defines a closed aperture through which a portion of the side wall of the cushion is exposed, as is required in claim 133. Thus, the prior art identified fails to render obvious the combination of features in claims 132+133, and is found to be patentably distinct over the prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAIGE BUGG whose telephone number is (571)272-8053. The examiner can normally be reached Monday-Friday 9-5.
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.
/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
Prosecution Insights