DETAILED ACTION
Primary Examiner acknowledges Claims 1-12 are pending in this application as originally filed on March 4, 2024.
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Ho et al. (6,805,117).
As to Claim 1, Ho discloses a fixation device (best seen Figure 1-5) for securing a ventilation system (via 74, best seen Figure 2, “The system for delivering a breathing gas to a patient according to the present invention comprises (1) a pressure or gas flow generating device 74 that produces a flow of gas, (2) conduit 60 having a first end portion, operatively coupled to the gas flow generating device 74 and a second end portion, wherein the conduit 60 carries the flow of gas from the gas flow generating device 74 during operation of the system , (3) a patient interface device, such as gas delivery mask 46, 46', 46" coupled to the second end portion of conduit 60, and (4) an adjustable headgear 10 as described above that secures the patient interface device to the patient.” Column 5, Line 65 thru Column 6, Line 10) to a head of the patient (Figures 2-4) comprising: a first part (64, best seen Figure 2 and 5, “A loop of material 64 surrounding the conduit having a hook and loop type fastening attachment is threaded through loop connection 62 to anchor conduit 60 to headgear 10.” Column 5, Lines 1-15) for attachment to a respiratory tube (60, “A loop of material 64 surrounding the conduit having a hook and loop type fastening attachment is threaded through loop connection 62 to anchor conduit 60 to headgear 10.” Column 5, Lines 1-15) of the ventilation system (via 74); and a second part (10, best seen Figure 1, “A loop of material 64 surrounding the conduit having a hook and loop type fastening attachment is threaded through loop connection 62 to anchor conduit 60 to headgear 10.” Column 5, Lines 1-15) comprising a first plurality of straps (defined by the combination of 20/32/32, wherein 20 – “Adjustable headgear 10 further includes a front adjustment strap 20 attached to front edge portion 14 of mesh headpiece 12 and extending past either side of headpiece 12 to define front adjustment strap end portions 22.” Column 3, Lines 1-15; and wherein 32 – “A pair of rear adjustment straps 32 are attached to and laterally extend from upper tabs portions 30. … Front adjustment straps 20 and rear adjustment straps 32 preferably include a fastening system for adjustably and releasably connecting front adjustment strap end portion 22 and rear adjustment strap end portion 34 to one another.” Column 3, Lines 20-55) configured to form adjustable loops (as each 32 connects with 20 forming the structure upon which 62 is oriented about the head of the patient to receive 60 via 64; and the looped fitment best seen in Figure 5 of the 62 and 64 for retaining 60) for attachment to the first part (64, “For these reasons, headgear 10 also preferably includes a belt loop type loop connection 62 (FIG. 5) formed by the attachment of upper connecting strap 56 to headpiece 12. A loop of material 64 surrounding the conduit having a hook and loop type fastening attachment is threaded through loop connection 62 to anchor conduit 60 to headgear 10.” Column 5, Lines 1-15) and a second plurality of straps (defined by the combination of 42/42/56, wherein 42 – “Headgear 10 further includes a pair of lower connecting straps 42 attached to the tab portions 30 on the lower edge of rear joint piece 28. Each lower connecting strap 42 extends forwardly, from the lower head of the patient, beneath the patient's ear, and is connectable to the side connecting elements 44 of a patient interface device 46, which, in the illustrated embodiment shown in FIGS. 2 and 3 is a nasal gas delivery mask.” Column 4, Lines 1-10; and wherein 56 – “At least one upper connecting strap 56 extends from the front adjustment strap 14 across the patient's forehead to provide attachment to patient interface device 46. … In one embodiment, providing a three-point headgear, a single upper connecting strap 56 extends from the center of the front adjustment strap 20 and is securable to the mask 46 through an upper connecting element 58, such as an elongated opening, on the patient interface device of corresponding structure.” Column 4, Lines 45-60) configured to form adjustable loops (as each 42 connects with the patient interface 46 via 44; and 56 connects with the patient interface 46 via 44) for attachment to the patient interface (46 via 44, “side connecting elements 44 of a patient interface device 46” Column 4, Lines 1-10) of the ventilation system (via 74).
As to Claim 2, Ho discloses the first plurality of straps (defined by the combination of 20/32/32) comprises three straps configured to form three adjustable loops (as each 32 connects with 20 forming the structure upon which 62 is oriented about the head of the patient to receive 60 via 64; and the looped fitment best seen in Figure 5 of the 62 and 64 for retaining 60) for attachment to the first part (64).
As to Claim 3, Ho discloses a central portion (28 OR 12, wherein 28 – “Headgear 10 further includes a pair of lower connecting straps 42 attached to the tab portions 30 on the lower edge of rear joint piece 28.” Column 4, Lines 1-10; OR wherein 18 – “Headpiece 12 is preferably comprised of multiple panels 18 extending from the front edge portion 14 to the rear edge portion 16.” Column 2, Lines 45-60), the first plurality of straps (defined by the combination of 20/32/32) including first and second side straps (32/32 OR 20 – left and right sides) which extend from the central portion (one of 28 or 12).
As to Claim 4, Ho discloses the second plurality of straps (defined by the combination of 42/42/56) comprise two straps (42/42) configured to form two adjustable loops (as each 42 connects with the patient interface 46 via 44) for attachment to the patient interface (46 via 44).
As to Claim 5, Ho discloses the two straps (42/42) of the second plurality of straps (defined by the combination of 42/42/56) extend from the first and second side straps (32/32 OR 20 – left and right sides) on either side of the central portion (28 or 12).
As to Claim 6, Ho discloses the second plurality of straps (defined by the combination of 42/42/56) is formed separately from the first plurality of straps (defined by the combination of 20/32/32) for subsequent attachment thereto (whereby 32 - “A pair of rear adjustment straps 32 are attached to and laterally extend from upper tabs portions 30. Each rear adjustment strap 32 is further attached to its respective tab portion 30, as well as a portion of the rear edge 16 of headpiece 12.” Column 3, Lines 25-35; whereby 42 – “Headgear 10 further includes a pair of lower connecting straps 42 attached to the tab portions 30 on the lower edge of rear joint piece 28.” Column 4, Lines 1-10; whereby 56 – “At least one upper connecting strap 56 extends from the front adjustment strap 14 across the patient's forehead to provide attachment to patient interface device 46. Upper connecting strap 56 preferably includes at least one hook fastener tab portion 70 attached to an end portion of the strap.” Column 4, Lines 45-60; and whereby 20 – “Adjustable headgear 10 further includes a front adjustment strap 20 attached to front edge portion 14 of mesh headpiece 12 and extending past either side of headpiece 12 to define front adjustment strap end portions 22.” Column 3, Lines 5-10).
As to Claim 7, Ho discloses each of the first plurality of straps (defined by the combination of 20/32/32) and the second plurality of straps (defined by the combination of 42/42/56) comprises a free distal end (20 proximate 24; 32 proximate 38; 42 proximate 50; and 56 proximate 70), a proximal end (20 proximate 62; 32 proximate 30; 42 proximate 30; and 56 proximate 62), and attachment means (20 via 24 – “Front adjustment strap end portions 22 preferably have connecting elements 24 having elongated openings attached to their ends 26.” Column 3, Lines 1-10; 32 via 38 – “A corresponding hook fastener tab portion 38 is attached to each rear adjustment strap end portion 34.” Column 3, Lines 30-55; 42 via 50 – “Preferably, each lower connecting strap 42 includes at least one intermediary hook fastener tab portions 54 in addition to the hook fastener tab portions 50 attached to each end portion 52.” Column 4, Lines 25-45; and 56 via 70 – “Upper connecting strap 56 preferably includes at least one hook fastener tab portion 70 attached to an end portion of the strap.” Column 4, Lines 45-60) at their respective distal ends (20 proximate 24; 32 proximate 38; 42 proximate 50; and 56 proximate 70) for attachment to an intermediate part (20 via 26 – “Front adjustment strap end portions 22 preferably have connecting elements 24 having elongated openings attached to their ends 26.” Column 3, Lines 1-10; 32 via 36 – “More specifically, in this embodiment, the exterior of the rear adjustment straps 32 includes a loop fastener portion 36.” Column 3, Lines 30-55, 42 via 48 – “In the illustrated preferred embodiment, the fastening system is a hook and loop system that includes a loop fastener portion 48 disposed on an exterior of lower connecting straps 42 and a hook fastener tab portion 50 attached to each end portion 52 of lower connecting straps 42.” Column 4, Lines 10-25, and 56 via 72 – “Upper connecting strap 56 is threaded through a connecting element 58 of patient interface device 46 and then bent back on itself to attach hook fastener tab portion 70 to exterior loop fastener portion 72.” Column 4, Lines 45-60) of the respective strap between the distal ends (20 proximate 24; 32 proximate 38; 42 proximate 50; and 56 proximate 70) and the proximal ends (20 proximate 62; 32 proximate 30; 42 proximate 30; and 56 proximate 62), in order to form the adjustable loops (as each 32 connects with 20 forming the structure upon which 62 is oriented about the head of the patient to receive 60 via 64; the looped fitment best seen in Figure 5 of the 62 and 64 for retaining 60; as each 42 connects with the patient interface 46 via 44; and 56 connects with the patient interface 46 via 44).
As to Claim 9, Ho discloses the second plurality of straps (defined by the combination of 42/42/56) comprise two straps (42/42) configured to form two adjustable loops (as each 42 connects with the patient interface 46 via 44) for attachment to the patient interface (46 via 44).
As to Claim 10, Ho discloses the second plurality of straps (defined by the combination of 42/42/56) is formed separately from the first plurality of straps (defined by the combination of 20/32/32) for subsequent attachment thereto (whereby 32 - “A pair of rear adjustment straps 32 are attached to and laterally extend from upper tabs portions 30. Each rear adjustment strap 32 is further attached to its respective tab portion 30, as well as a portion of the rear edge 16 of headpiece 12.” Column 3, Lines 25-35; whereby 42 – “Headgear 10 further includes a pair of lower connecting straps 42 attached to the tab portions 30 on the lower edge of rear joint piece 28.” Column 4, Lines 1-10; whereby 56 – “At least one upper connecting strap 56 extends from the front adjustment strap 14 across the patient's forehead to provide attachment to patient interface device 46. Upper connecting strap 56 preferably includes at least one hook fastener tab portion 70 attached to an end portion of the strap.” Column 4, Lines 45-60; and whereby 20 – “Adjustable headgear 10 further includes a front adjustment strap 20 attached to front edge portion 14 of mesh headpiece 12 and extending past either side of headpiece 12 to define front adjustment strap end portions 22.” Column 3, Lines 5-10).
As to Claim 11, Ho discloses each of the first plurality of straps (defined by the combination of 20/32/32) and the second plurality of straps (defined by the combination of 42/42/56) comprises a free distal end (20 proximate 24; 32 proximate 38; 42 proximate 50; and 56 proximate 70), a proximal end (20 proximate 62; 32 proximate 30; 42 proximate 30; and 56 proximate 62), and attachment means (20 via 24 – “Front adjustment strap end portions 22 preferably have connecting elements 24 having elongated openings attached to their ends 26.” Column 3, Lines 1-10; 32 via 38 – “A corresponding hook fastener tab portion 38 is attached to each rear adjustment strap end portion 34.” Column 3, Lines 30-55; 42 via 50 – “Preferably, each lower connecting strap 42 includes at least one intermediary hook fastener tab portions 54 in addition to the hook fastener tab portions 50 attached to each end portion 52.” Column 4, Lines 25-45; and 56 via 70 – “Upper connecting strap 56 preferably includes at least one hook fastener tab portion 70 attached to an end portion of the strap.” Column 4, Lines 45-60) at their respective distal ends (20 proximate 24; 32 proximate 38; 42 proximate 50; and 56 proximate 70) for attachment to an intermediate part (20 via 26 – “Front adjustment strap end portions 22 preferably have connecting elements 24 having elongated openings attached to their ends 26.” Column 3, Lines 1-10; 32 via 36 – “More specifically, in this embodiment, the exterior of the rear adjustment straps 32 includes a loop fastener portion 36.” Column 3, Lines 30-55, 42 via 48 – “In the illustrated preferred embodiment, the fastening system is a hook and loop system that includes a loop fastener portion 48 disposed on an exterior of lower connecting straps 42 and a hook fastener tab portion 50 attached to each end portion 52 of lower connecting straps 42.” Column 4, Lines 10-25, and 56 via 72 – “Upper connecting strap 56 is threaded through a connecting element 58 of patient interface device 46 and then bent back on itself to attach hook fastener tab portion 70 to exterior loop fastener portion 72.” Column 4, Lines 45-60) of the respective strap between the distal ends (20 proximate 24; 32 proximate 38; 42 proximate 50; and 56 proximate 70) and the proximal ends (20 proximate 62; 32 proximate 30; 42 proximate 30; and 56 proximate 62), in order to form the adjustable loops (as each 32 connects with 20 forming the structure upon which 62 is oriented about the head of the patient to receive 60 via 64; the looped fitment best seen in Figure 5 of the 62 and 64 for retaining 60; as each 42 connects with the patient interface 46 via 44; and 56 connects with the patient interface 46 via 44).
Claims 1 and 9-12 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kwok (2002/0117177).
As to Claim 1, Kwok discloses a fixation device (Figures 1-2) for securing a ventilation device to the head of the patient comprising: a first part (52, best seen Figure 1, “A pair of upper straps 50, of which only the left-hand is shown in FIG. 2, extend between the coupling 48 and an upper portion 52 of the nasal mask.” Para 0037) for attachment to a respiratory tube (best seen Figure 1) of the ventilation system; and a second part (40, “The harness assembly (40) also includes a pair of upper (52) and lower (54) straps, each of the straps (52, 54) extending between one of the cap connection means (48) and the nasal mask (42).” Abstract) comprising a first plurality of straps (50/50, “A pair of upper straps 50, of which only the left-hand is shown in FIG. 2, extend between the coupling 48 and an upper portion 52 of the nasal mask.” Para 0037) configured to form adjustable loops (via insertion of each 50 into 52) for attachment to the first part (52) and a second plurality of straps (54/54, “Similarly, a pair of lower straps 54 extend between the coupling 48 and a lower portion of the mask 56.” Para 0037) configured to form adjustable loops (via insertion of each 54 into 56) for attachment to a patient interface (42, “The harness assembly 40 is shown, in use, securing a nasal mask 42, which is suitable for CPAP treatment, to a human head 43.” Para 0035) of the ventilation system.
As to Claim 9, Kwok discloses the second plurality of straps (54/54) comprises two straps (54/54) configured to form two adjustable loops (via insertion of each 54 into 56) for attachment to a patient interface device (42).
As to Claim 10, Kwok discloses the second plurality of straps (54/54) is formed separately from the first plurality of straps (50/50) for subsequent attachment thereto (via 48, “The cap portion includes a connection means at each end which in the first embodiment shown in FIG. 1 and 2 is in the form of a D-shaped coupling 48.” Para 0037).
As to Claim 11, Kwok discloses each of the first plurality of straps (50/50) and the second plurality of straps (54/54) comprises a free distal end (50 proximate 58; 54 proximate 58), a proximal end (50 proximate 48; 54 proximate 48), and attachment means (“hook and loop connectors 58” Para 0038) at their respective distal ends (50 proximate 58; 54 proximate 58), for attachment to an intermediate part (portion of 50 between 58 and 48; portion of 54 between 58 and 48) of the respective straps (50/48) between the distal ends (50 proximate 58; 54 proximate 58), and the proximal ends (50 proximate 48; 54 proximate 48), in order to form adjustable loops (via insertion of each 50 into 52, and via insertion of each 54 into 56)
As to Claim 12, Kwok discloses the first part (52) comprises a plurality of slots (openings for receipt of 50, best seen Figures 1 and 2) to receive the first plurality of straps (50/50).
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Wilson (7,635,000).
As to Claim 1, Wilson discloses a fixation device (Figure 8) for securing a ventilation system to the head of a patient, comprising: a first part (330, “As best seen in FIG. 8, the fastening assembly 100 is seen to comprise in combination, a pair of flexible, resilient, elongated fastening straps 102A,102B that functionally stabilize and hold the T-shaped adapter 330 and prevent it from becoming dislodged from the universal connection piece 250.” Column 7, Line 50 thru Column 8, Line 40) for attachment to a respiratory tube (unlabeled corrugated tubes attached thereto in Figure 8) of the ventilation system; and a second part (defined by the combination of 12 via 20/30, 40/50, and 102A/B, whereby 12 via 20/30 – “The neck band has an elongated body 12 made from a central sponge-like, foam layer 14 joined between two outside layers 16,18. … As FIGS. 3 and 4 illustrate, neck band 12 is not a continuous band, but rather is comprised of two halves 20 and 30. ” Column 4, Line 45 thru Column 5, Line 35; whereby 40/50 – “anchoring means 40 and 50 are identical … As FIGS. 3 and 4 show, anchoring means 40 is comprised of the resilient anchoring strip that is defined by a pair of opposed ends 43 and 45, and an interior surface 47 and an exterior surface 49.” Column 5, Line 35 thru Column 6, Line 15; and whereby 102A/B – “As best seen in FIG. 8, the fastening assembly 100 is seen to comprise in combination, a pair of flexible, resilient, elongated fastening straps 102A,102B that functionally stabilize and hold the T-shaped adapter 330 and prevent it from becoming dislodged from the universal connection piece 250.” Column 7, Line 50 thru Column 8, Line 40) comprising a first plurality of straps (102A/B AND 12 via 20/30; whereby 102A/B – “As best seen in FIG. 8, the fastening assembly 100 is seen to comprise in combination, a pair of flexible, resilient, elongated fastening straps 102A,102B that functionally stabilize and hold the T-shaped adapter 330 and prevent it from becoming dislodged from the universal connection piece 250.” Column 7, Line 50 thru Column 8, Line 40 AND whereby 12 via 20/30 – “The neck band has an elongated body 12 made from a central sponge-like, foam layer 14 joined between two outside layers 16,18. … As FIGS. 3 and 4 illustrate, neck band 12 is not a continuous band, but rather is comprised of two halves 20 and 30. ” Column 4, Line 45 thru Column 5, Line 35) configured to form adjustable loops (via configuration of each of 102A/B threaded through 113 and wrapped around 330, AND via the configuration of 12 via 20/30 wrapped around the neck of the patient) for attachment to the first part (330) and a second plurality of straps (40/50, “anchoring means 40 and 50 are identical … As FIGS. 3 and 4 show, anchoring means 40 is comprised of the resilient anchoring strip that is defined by a pair of opposed ends 43 and 45, and an interior surface 47 and an exterior surface 49.” Column 5, Line 35 thru Column 6, Line 15) configured to form adjustable loops (via configuration of 40/50 threaded through 310A/B and wrapped around 12) for attachment to the patient interface device (220 via 300, “The enlarged head section 230 is connected to a neck plate 300 through either a pivotal or fixed connection and the outer cannula portion 220 is held within the trachea of the patient by provision of a small balloon device (not shown).” Column 4, Lines 15-45) of the ventilation system.
As to Claim 2, Wilson discloses the first plurality of straps (102A/B AND 12 via 20/30) comprises three straps (102A, 102B, and 12 via 20/30) configured to form three adjustable loops (via configuration of each of 102A/B threaded through 113 and wrapped around 330, AND via the configuration of 12 via 20/30 wrapped around the neck of the patient) for attachment to the first part (330).
As to Claim 3, Wilson discloses a central portion (defined by the fitment of 22/32 proximate 300), the first plurality of straps (102A/B AND 12 via 20/30) including first and second side straps (102A/20 and 102B/30) which extend from the central portion (defined by the fitment of 22/32 proximate 300).
As to Claim 4, Wilson discloses the second plurality of straps (40/50) comprises two straps (40/50) configured to form adjustable loops (via configuration of 40/50 threaded through 310A/B and wrapped around 12) for attachment to the patient interface (220 via 300).
As to Claim 5, Wilson discloses the two straps (40/50) of the second plurality of straps (40/50) extend from the first and second side straps (102A/20 and 102B/30) on either side of the central portion (defined by the fitment of 22/32 proximate 300).
As to Claim 6, Wilson discloses the second plurality of straps (40/50) is formed separately of the first plurality of straps (102A/B AND 12 via 20/30) for subsequent attachment thereto.
As to Claim 7, Wilson discloses each of the first plurality of straps (102A/B AND 12 via 20/30) and the second plurality of straps (40/50) comprises a free distal end (102A/B proximate 110A/B; 12 proximate 24/34; and 40/50 proximate 45/55), a proximal end (102A/B proximate 108A/B; 12 proximate 22/32; and 40/50 proximate 43/53), and attachment means (102A/B via 106A/B – “Each top surface 106A,106B presents a hook type of material, while each bottom surface 104A,104B presents a relatively smooth surface.” Column 7, Line 50 thru Column 8, Line 40; 12 via 20/30 with 18 – “The exterior surface 49 is made of a hook type of material that is complementary to the loop type material of exterior layer 18, while first end 43 is permanently attached to exterior layer 18 by sewing.” Column 5, Line 30 thru Column 6, Line 15; and 40/50 via 49/59 – “The exterior surface 49 is made of a hook type of material that is complementary to the loop type material of exterior layer 18, while first end 43 is permanently attached to exterior layer 18 by sewing.” Column 5, Line 30 thru Column 6, Line 15) at their respective distal ends (102A/B proximate 110A/B; 12 proximate 24/34; and 40/50 proximate 45/55), for attachment to an intermediate part of the respective strap (102A/B; 12 via 20/30; 40/50) between the distal end (102A/B proximate 110A/B; 12 proximate 24/34; and 40/50 proximate 45/55) and the proximal end (102A/B proximate 108A/B; 12 proximate 22/32; and 40/50 proximate 43/53), in order to form the adjustable loops (via configuration of each of 102A/B threaded through 113 and wrapped around 330, via the configuration of 12 via 20/30 wrapped around the neck of the patient, AND via configuration of 40/50 threaded through 310A/B and wrapped around 12).
As to Claim 8, Wilson discloses the first part (330) comprises a plurality of slots (defined as the grooves at 370A/B, “In particular, each of the anchoring straps 102A,102B of the anti-disconnect fastening assembly 100 are respectively wrapped around the outer surface of the cross member ends 370A,370B of the T-shaped adapter 330, whereby the respective second and free ends 110A,110B, are inserted through the central opening 113 of each respective ring 112 and then pulled tightly so that the respective straps 102A,102B are wrapped tauntly about the T-shaped adapter 330.” Column 8, Line 35 thru Column 9, Line 30) to receive the first plurality of straps (102A/B AND 12 via 20/30).
Primary Examiner notes the disclosure of “slot” includes no requirement of the insertion or threading through of the strap through an opening. Although “slot” includes the denotation of “a long, narrow aperture or slit in a machine for something to be inserted” and additional denotation includes “a groove or channel into which something fits or in which something works”. Thus, in the absence of an explicit disclosure to the opening in the slot and the expressed recitation of the straps being threaded through the opening in the slot, it appears Wilson meets the limitations of the claims.
As to Claim 9, Wilson discloses the two straps (40/50) of the second plurality of straps (40/50) extend from the first and second side straps (102A/20 and 102B/30) on either side of the central portion (defined by the fitment of 22/32 proximate 300).
As to Claim 10, Wilson discloses the second plurality of straps (40/50) is formed separately of the first plurality of straps (102A/B AND 12 via 20/30) for subsequent attachment thereto.
As to Claim 11, Wilson discloses each of the first plurality of straps (102A/B AND 12 via 20/30) and the second plurality of straps (40/50) comprises a free distal end (102A/B proximate 110A/B; 12 proximate 24/34; and 40/50 proximate 45/55), a proximal end (102A/B proximate 108A/B; 12 proximate 22/32; and 40/50 proximate 43/53), and attachment means (102A/B via 106A/B – “Each top surface 106A,106B presents a hook type of material, while each bottom surface 104A,104B presents a relatively smooth surface.” Column 7, Line 50 thru Column 8, Line 40; 12 via 20/30 with 18 – “The exterior surface 49 is made of a hook type of material that is complementary to the loop type material of exterior layer 18, while first end 43 is permanently attached to exterior layer 18 by sewing.” Column 5, Line 30 thru Column 6, Line 15; and 40/50 via 49/59 – “The exterior surface 49 is made of a hook type of material that is complementary to the loop type material of exterior layer 18, while first end 43 is permanently attached to exterior layer 18 by sewing.” Column 5, Line 30 thru Column 6, Line 15) at their respective distal ends (102A/B proximate 110A/B; 12 proximate 24/34; and 40/50 proximate 45/55), for attachment to an intermediate part of the respective strap (102A/B; 12 via 20/30; 40/50) between the distal end (102A/B proximate 110A/B; 12 proximate 24/34; and 40/50 proximate 45/55) and the proximal end (102A/B proximate 108A/B; 12 proximate 22/32; and 40/50 proximate 43/53), in order to form the adjustable loops (via configuration of each of 102A/B threaded through 113 and wrapped around 330, via the configuration of 12 via 20/30 wrapped around the neck of the patient, AND via configuration of 40/50 threaded through 310A/B and wrapped around 12).
As to Claim 12, Wilson discloses the first part (330) comprises a plurality of slots (defined as the grooves at 370A/B, “In particular, each of the anchoring straps 102A,102B of the anti-disconnect fastening assembly 100 are respectively wrapped around the outer surface of the cross member ends 370A,370B of the T-shaped adapter 330, whereby the respective second and free ends 110A,110B, are inserted through the central opening 113 of each respective ring 112 and then pulled tightly so that the respective straps 102A,102B are wrapped tauntly about the T-shaped adapter 330.” Column 8, Line 35 thru Column 9, Line 30) to receive the first plurality of straps (102A/B AND 12 via 20/30).
Primary Examiner notes the disclosure of “slot” includes no requirement of the insertion or threading through of the strap through an opening. Although “slot” includes the denotation of “a long, narrow aperture or slit in a machine for something to be inserted” and additional denotation includes “a groove or channel into which something fits or in which something works”. Thus, in the absence of an explicit disclosure to the opening in the slot and the expressed recitation of the straps being threaded through the opening in the slot, it appears Wilson meets the limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schuster et al. (5,357,952); Ess (5,782,236); Delaplane et al. (5,975,080; and 6,009,872); Ryatt et al. (6,047,699); Briggs, III (6,994,088); and Doll et al. (9,032,958) each disclose a fixing device engaging a patient interface, in the form of a tracheostomy tube, to the head of the patient in order to secure a ventilation system to the patient, wherein each fixing device includes a first part which engages a respiratory tube, and a second part having at least one strap for engaging about the respiratory tube in a looped fashion and at least one strap for engaging with the patient interface in a looped fashion.
Zemo (5,295,480); Kopala et al. (5,042,478); Jestrabek-Hart (6,470,886), Ho (7,779,832) and Chandran et al. (8,025,058) each disclose a fixing device engaging a patient interface, in the form of a nasal mask, to the head of the patient to secure a ventilation system to the patient, wherein each fixing device includes a first part which engages a respiratory tube, and a second part having at least one strap for engaging about the respiratory tube in a looped fashion and at least one strap for engaging with the patient interface in a looped fashion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D 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.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights