Prosecution Insights
Last updated: October 04, 2026
Application No. 18/678,373

BREATHABLE MASK AND BODY THEREOF

Non-Final OA §103§112
Filed
May 30, 2024
Priority
May 31, 2023 — provisional 63/505,238
Examiner
JONES, AISLINN MOIRA
Art Unit
Tech Center
Assignee
Qbas Co. Ltd.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
5 granted / 9 resolved
-4.4% vs TC avg
Strong +57% interview lift
Without
With
+57.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
32
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 9 resolved cases

Office Action

§103 §112
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 Objections Claims 1, 2, 4, 9, 10 and 12 are objected to because of the following informalities: Claim 1: the recitation of “the rigid inner portion”, should read ---the inner portion that is rigid--- to avoid antecedent basis issues. Additionally, the recitation “whereby when the user wears the breathable mask through a fastening device, the partition is configured to be seated above a nose of the user, eyes of the user are accommodated in the upper chamber, and the nose and mouth of a user are accommodated in the lower chamber”, should read ---whereby the breathable mask is configured to be worn by the user such that through a fastening device, the partition is configured to be seated above a nose of the user, eyes of the user are configured to be accommodated in the upper chamber, and the nose and mouth of a user are configured to be accommodated in the lower chamber---, to avoid positively claiming a user. Lastly, the recitation “so that when a finger of the user presses the outer portion”, should read ---that is configured to be pressed by a finger of the user---, to avoid positively claiming the user and reciting method like steps in a device claim. Similarly, such recitations in claims 2, 4, 9, 10, 12 of the “finger of a user” should read and be amended as such respectfully, like as recited above. Claims 2 and 10 recite “extending along an outer periphery of the lens assembly and communicating with the lower chamber”, but should read --- extendable along an outer periphery of the lens assembly and configured to communicate with the lower chamber---, to avoid reciting method like steps in a device claim. Appropriate correction is required. 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. Claims 1-16 are rejected under 35 U.S.C. 112(b), 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 1 recites the limitations "the exhaust channel" in line 16 and “the exhaust conduit” in line 15. There is insufficient antecedent basis for this limitation in the claim. Similarly Claim 9 recites the limitation “the exhaust channel” in line 11. There is insufficient antecedent basis for this limitation in the claim. Claims 2-8 are rejected under 35 U.S.C. 112(b) as indefinite, because they are dependent upon claim 1. Claims 10-16 are rejected under 35 U.S.C. 112(b) as indefinite, because they are dependent upon claim 9. Additionally, regarding claims 1-2, with the recitation of “an exhaust tunnel”, “exhaust channel”, “exhaust passage”, it is unclear as to whether the exhaust tunnel/passage/channel is a different corresponding structure than the first recitation of the exhaust passage of the exhaust conduit. Under broadest reasonable interpretation, it is interpreted that the exhaust tunnel/channel/passage are all the same corresponding structure, and any other recitation of “exhaust..” unless followed by conduit. 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. Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xue (CN 115723924 A) in view of QBAS CO LTD (DE 202019106349 U1), hereinafter QBAS and further in view of Hipol (US 20150020799 A1). Regarding claim 1, Xue discloses a breathable mask (Xue Figure 5A; ‘2’ mask), comprising: a body (Xue Figure 5A; ‘3’ is the body of the mask); and a breathing tube in fluid communication with an interior of the body (Xue Figure 5F; ‘4’ breathing tube is in fluid communication with the interior of the body ‘3’ (Figure 5A) of the mask ‘2’), the breathing tube including an intake conduit and an exhaust conduit independent of each other (Xue Figure 5F; ‘42’: exhaust conduit, ‘41’: intake conduit, ‘4’: breathing tube – exhaust conduit and intake conduit independent of each other); wherein the body comprises: a main frame (Xue Figure 5A; ‘30’ is the main frame of the body ‘3’); a lens assembly embedded within the main frame (Xue Figure 5A; ‘44’ is the lens assembly embedded within the main frame ‘30’); a waterproof skirt, at least partially embedded with the main frame and the lens assembly, the waterproof skirt being configured to suitably fit a face of a user, the waterproof skirt having a partition to divide the interior of the body into an upper chamber and a lower chamber (Xue Figure 5B; ‘50’ is the waterproof (sealing) skirt that is embedded within the main frame ‘30’ and the lens assembly ‘44’ that is configured to fit a face of a user and has a partition (‘522’) to divide the interior of the body ‘3’ into an upper and lower chamber), whereby when the user wears the breathable mask through a fastening device, the partition is seated above a nose of the user, eyes of the user are accommodated in the upper chamber, and the nose and a mouth of the user are accommodated in the lower chamber (Xue Figure 11C; ‘811’: fastening device to help the user wear the breathable mask, Figure 5B; where the partition ‘522’ is seated above the nose of a user and the eyes of the user are in the upper chamber – portion where the lens assembly is, located in the upper region of the mask, and the nose and mouth are in the lower chamber, the portion where ‘56’ is the lower chamber area); an intake passage formed from the intake conduit to the lower chamber; and an exhaust passage formed from the lower chamber to the exhaust conduit (Xue Figure 5F; ‘41’ is the intake conduit to which the intake passage is formed within, the passage goes to the lower chamber, region where ‘56’ is, and the exhaust passage, formed within ‘42’ the exhaust conduit, where the exhaust passage is formed from the lower chamber to the exhaust conduit ‘42’). Xue fails to disclose a collapsible zone with an outer and inner portion. QBAS discloses a breathable mask wherein: a collapsible zone which has an outer portion and an inner portion (QBAS Figure 1; ‘116’ is the exhaust channel, Figure 6; ‘241’ + ‘2141’ is the collapsible zone region that has an outer portion, and an inner portion, see Figure 1 below for markings of the QBAS Figure); the outer portion is suitably deformed inward and abutted against the rigid inner portion to temporarily obstruct a fluid communication of the exhaust passage with the outside (QBAS [0034]; where the portion ‘2141’ has a soft section – (deformed inward) - that is cover the opening ‘211’ so as to prevent water from flowing back along the opening to the upper chamber (obstructing a fluid communication with the exhaust passage with the outside), [0032]; where the inner portion ‘260’ can be a hard material (so as to allow for the deformable portion to be collapsible against without losing its shape)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathable mask of Xue to include a collapsible zone as taught by QBAS with the exhaust passage, since, it allows for fluid communication to be prevented from flowing back along the opening to the upper chamber, allowing for a unidirectionally flow of water and the identifiable mechanism can serve as a one-way valve (QBAS [0034]), which would allow the user to stop outside water from flowing back in. Modified Xue fails to disclose the identifiable mechanism is exposed to the outside and pressable by a user’s finger so as to obstruct the fluid communication with the exhaust passage with the outside. Hipol discloses a diving snorkel mask wherein: the outer portion has an identifiable mechanism exposed to an outside so that when a finger of the user presses the outer portion through the identifiable mechanism fluid communication is then blocked within the breathing channel to the outside (Hipol [0051]; where the user purges the system by blocking the mouthpiece and pressing on the purge valve actuator of the purge valve chamber, thereby expelling water from the breathing chamber and the snorkel tube, [0123]; where the purge valve actuators is within the purge valve chamber ‘26c’ of Hipol Figure 10, where the chamber holding the actuator is exposed to the outside to allow a finger of a user to press the outer portion through the identifiable mechanism (the chamber ‘26c’ being identifiable by being a block within the snorkel device)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathable mask of modified Xue to include an identifiable mechanism allowing the user to block the channel with their finger press as taught by Hipol with the outer portion of the collapsible zone, since, it allows for the user to manually control the blockage and purging of water within the channel while diving, swimming, snorkeling (Hipol [0051]), the combination thereby allowing the user to obstruct the fluid communication of the exhaust channel of the modified device by manual pressing. PNG media_image1.png 580 754 media_image1.png Greyscale Figure 1: annotated Figure 6 of QBAS. Regarding claim 2, modified Xue in view of Hipol further discloses the breathable mask of claim 1, wherein the outer portion is a soft outer portion, the inner portion is a rigid inner portion, the exhaust passage comprises an exhaust tunnel extending along an outer periphery of the lens assembly and communicating with the lower chamber, and the collapsible zone is formed on the exhaust tunnel, whereby when the finger of the user presses the soft outer portion, the soft outer portion is suitably deformed inward and abutted against the rigid inner portion to temporarily obstruct the exhaust tunnel (QBAS [0034]; where the outer portion is a soft section ‘214’, [0032]; where the inner portion ‘260’ is a rigid inner portion, as modified, Xue provides the exhaust tunnel, Xue Figure 5F; region where ‘56’ is, and the exhaust passage, formed within ‘42’ the exhaust conduit, that extends along the outer periphery of the lens assembly ‘44’ that communicates with the lower chamber as previously cited above, where, as modified, the collapsible zone is provided on the exhaust tunnel, where when a person’s finger presses the soft outer portion, it is deformed inward and abuts the rigid inner portion to obstruct the exhaust tunnel (QBAS [0034], Figures 1 and 6, Hipol [0051])). Regarding claim 3, modified Xue in view of Hipol further discloses the breathable mask of claim 2, wherein the exhaust tunnel is jointly defined by the waterproof skirt and an inner surface of the lens assembly (Xue Figure 5F; ‘42’ the exhaust conduit forms the exhaust tunnel, that is jointly defined by the waterproof skirt ‘50’ of Figure 5B and an inner surface of the lens assembly ‘44’). Regarding claim 4, modified Xue in view of Hipol further discloses the breathable mask of claim 3, wherein the lens assembly further comprises a stop wall provided along the outer periphery, the stop wall extends along an inner sidewall of the exhaust tunnel, the soft outer portion of the collapsible zone is defined by an outer sidewall of the exhaust tunnel, and the rigid inner portion of the collapsible zone is defined by the stop wall, whereby when the finger of the user presses the outer sidewall of the exhaust tunnel, the outer sidewall is suitably deformed inward and abutted against the stop wall to temporarily obstruct the exhaust tunnel (Xue Figure 5B; ‘44’ lens assembly, Figure 2 below; where the lens assembly ‘44’ has a stop wall between it and the exhaust channel within exhaust conduit ‘42’, where there are two layers abutting each other, one of the stop wall and another of the exhaust channel, as modified QBAS provides the collapsible zone with the inner and outer sidewall of the exhaust tunnel of Xue, (cited previously above) as further modified, Hipol provides the identifiable mechanism that is able to be pressed against (deformed to block fluid communication) from the outer sidewall of the exhaust tunnel, (cited previously above) – where when a user presses onto the outer portion with the outer sidewall of the exhaust channel of the modified device, the collapsible zone is able to collapse manually and obstruct the fluid communication – where the inner sidewall defines the length of the stop wall). PNG media_image2.png 640 792 media_image2.png Greyscale Figure 2: annotated Figure 5F of Xue. Regarding claim 5, modified Xue in view of Hipol further discloses the breathable mask of claim 4, wherein the stop wall and the inner sidewall of the exhaust tunnel are coupled with each other (Figure 2 above; where the stop wall and the inner sidewall of the exhaust tunnel are coupled with each other). Regarding claim 6, modified Xue in view of Hipol further discloses the breathable mask of claim 4, wherein the identifiable mechanism is a pressing device formed on an outer surface of the collapsible zone (Hipol [0051]; where the user purges the system by blocking the mouthpiece and pressing (making it a pressing device) on the purge valve actuator of the purge valve chamber, thereby expelling water from the breathing chamber and the snorkel tube, [0123]; where the purge valve actuators is within the purge valve chamber ‘26c’ of Hipol Figure 10, where the chamber holding the actuator is exposed to the outside to allow a finger of a user to press the outer portion through the identifiable mechanism (the chamber ‘26c’ being identifiable by being a block within the snorkel device) as modified is provided with the outer surface of the collapsible zone). Regarding claim 7, modified Xue in view of Hipol further discloses the breathable mask of claim 6, wherein the pressing device is a block (Hipol [0051], [0123], and Hipol Figure 10; where the identifiable mechanism blocks the mouthpiece thereby being a block, when pressed to expel water from the breathing chamber and snorkel tube). Regarding claim 8, modified Xue in view of Hipol further discloses the breathable mask of claim 7, wherein the block is integrally formed with the waterproof skirt (QBAS Figure 6; where ‘2141’ is a stop mechanism integrally formed with the waterproof skirt, Hipol [0051], [0123], and Hipol Figure 10; where the identifiable mechanism blocks the mouthpiece thereby being a block, when pressed to expel water from the breathing chamber and snorkel tube). Modified Xue does disclose the waterproof skirt with the ‘2141’ portion that acts as a stop piece to block the fluid communication within the mask (QBAS [0034]), where the waterproof skirt and the blocking mechanism ‘2141’ are integrally formed. Modified Xue fails to disclose the identifiable mechanism being a block formed integrally with the waterproof skirt. Hipol discloses a diving mask comprising: the identifiable mechanism that is a pressing device that is a block (Hipol [0051], [0123], and Hipol Figure 10; where the identifiable mechanism blocks the mouthpiece thereby being a block, when pressed to expel water from the breathing chamber and snorkel tube). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathing mask of modified Xue to include an identifiable mechanism that is a block as taught by Hipol and integrally form it with the waterproof skirt instead of the stop piece ‘2141’ that is not user actuatable, but blocks the channel, since, it allows for the user to manually control the blockage and purging of water within the channel while diving, swimming, snorkeling (Hipol [0051]), the combination thereby allowing the user to obstruct the fluid communication of the exhaust channel of the modified device by manual pressing and have the block integrally formed such that it does not move within the exhaust channel whilst non-actuation. Regarding claim 9, Xue discloses a body of a breathable mask (Xue Figure 5A; ‘3’ is the body of the mask, ‘2’: breathable mask), comprising: a main frame; a lens assembly embedded within the main frame (Xue Figure 5A; ‘30’ is the main frame of the body ‘3’, ‘44’ is the lens assembly embedded within the main frame ‘30’); a waterproof skirt, at least partially embedded with the main frame and the lens assembly, the waterproof skirt being configured to suitably fit a face of a user, the waterproof skirt having a partition to divide the interior of the body into an upper chamber and a lower chamber (Xue Figure 5B; ‘50’ is the waterproof (sealing) skirt that is embedded within the main frame ‘30’ and the lens assembly ‘44’ that is configured to fit a face of a user and has a partition (‘522’) to divide the interior of the body ‘3’ into an upper and lower chamber); whereby when the user wears the breathable mask through a fastening device, the partition is seated above a nose of the user, eyes of the user are accommodated in the upper chamber, and the nose and a mouth of the user are accommodated in the lower chamber (Xue Figure 11C; ‘811’: fastening device to help the user wear the breathable mask, Figure 5B; where the partition ‘522’ is seated above the nose of a user and the eyes of the user are in the upper chamber – portion where the lens assembly is, located in the upper region of the mask, and the nose and mouth are in the lower chamber, the portion where ‘56’ is the lower chamber area); and an exhaust passage communicating with the lower chamber (Xue Figure 5F; ‘41’ is the intake conduit to which the intake passage is formed within, the passage goes to the lower chamber, region where ‘56’ is, and the exhaust passage, formed within ‘42’ the exhaust conduit, where the exhaust passage is formed from the lower chamber to the exhaust conduit ‘42’). Xue fails to disclose a collapsible zone with an outer and inner portion. QBAS discloses a breathable mask wherein: a collapsible zone which has an outer portion and an inner portion, the outer portion is suitably deformed inward and abutted against the inner portion to temporarily obstruct a fluid communication of the exhaust passage with the outside (QBAS Figure 1; ‘116’ is the exhaust channel, Figure 6; ‘241’ + ‘2141’ is the collapsible zone region that has an outer portion, and an inner portion, see Figure 1 above for markings of the QBAS Figure, QBAS [0034]; where the portion ‘2141’ has a soft section – (deformed inward) - that is cover the opening ‘211’ so as to prevent water from flowing back along the opening to the upper chamber (obstructing a fluid communication with the exhaust passage with the outside), [0032]; where the inner portion ‘260’ can be a hard material (so as to allow for the deformable portion to be collapsible against without losing its shape)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathable mask of Xue to include a collapsible zone as taught by QBAS with the exhaust passage, since, it allows for fluid communication to be prevented from flowing back along the opening to the upper chamber, allowing for a unidirectionally flow of water and the identifiable mechanism can serve as a one-way valve (QBAS [0034]), which would allow the user to stop outside water from flowing back in. Modified Xue fails to disclose the identifiable mechanism is exposed to the outside and pressable by a user’s finger so as to obstruct the fluid communication with the exhaust passage with the outside. Hipol discloses a diving snorkel mask wherein: and the outer portion has an identifiable mechanism exposed to an outside so that when a finger of the user presses the outer portion through the identifiable mechanism the fluid communication is then blocked within the breathing channel to the outside (Hipol [0051]; where the user purges the system by blocking the mouthpiece and pressing on the purge valve actuator of the purge valve chamber, thereby expelling water from the breathing chamber and the snorkel tube, [0123]; where the purge valve actuators is within the purge valve chamber ‘26c’ of Hipol Figure 10, where the chamber holding the actuator is exposed to the outside to allow a finger of a user to press the outer portion through the identifiable mechanism (the chamber ‘26c’ being identifiable by being a block within the snorkel device)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathable mask of modified Xue to include an identifiable mechanism allowing the user to block the channel with their finger press as taught by Hipol with the outer portion of the collapsible zone, since, it allows for the user to manually control the blockage and purging of water within the channel while diving, swimming, snorkeling (Hipol [0051]), the combination thereby allowing the user to obstruct the fluid communication of the exhaust channel of the modified device by manual pressing. Regarding claim 10, modified Xue in view of Hipol further discloses the body of claim 9, wherein the outer portion is a soft outer portion, the inner portion is a rigid inner portion, the exhaust passage comprises an exhaust tunnel extending along an outer periphery of the lens assembly and communicating with the lower chamber, and the collapsible zone is formed on the exhaust tunnel, whereby when the finger of the user presses the soft outer portion, the soft outer portion is suitably deformed inward and abutted against the rigid inner portion to temporarily obstruct the exhaust tunnel (QBAS [0034]; where the outer portion is a soft section ‘214’, [0032]; where the inner portion ‘260’ is a rigid inner portion, as modified, Xue provides the exhaust tunnel, Xue Figure 5F; region where ‘56’ is, and the exhaust passage, formed within ‘42’ the exhaust conduit, that extends along the outer periphery of the lens assembly ‘44’ that communicates with the lower chamber as previously cited above, where, as modified, the collapsible zone is provided on the exhaust tunnel, where when a person’s finger presses the soft outer portion, it is deformed inward and abuts the rigid inner portion to obstruct the exhaust tunnel (QBAS [0034], Figures 1 and 6, Hipol [0051])). Regarding claim 11, modified Xue further discloses the body of claim 10, wherein the exhaust tunnel is jointly defined by the waterproof skirt and an inner surface of the lens assembly (Xue Figure 5F; ‘42’ the exhaust conduit forms the exhaust tunnel, that is jointly defined by the waterproof skirt ‘50’ of Figure 5B and an inner surface of the lens assembly ‘44’). Regarding claim 12, modified Xue in view of Hipol further discloses the body of claim 11, wherein the lens assembly further comprises a stop wall provided along the outer periphery, the stop wall extends along an inner sidewall of the exhaust tunnel, the soft outer portion of the collapsible zone is defined by an outer sidewall of the exhaust tunnel, and the rigid inner portion of the collapsible zone is defined by the stop wall, whereby when the finger of the user presses the outer sidewall of the exhaust tunnel, the outer sidewall is suitably deformed inward and abutted against the stop wall to temporarily obstruct the exhaust tunnel (Xue Figure 5B; ‘44’ lens assembly, Figure 2 above; where the lens assembly ‘44’ has a stop wall between it and the exhaust channel within exhaust conduit ‘42’, where there are two layers abutting each other, one of the stop wall and another of the exhaust channel, as modified QBAS provides the collapsible zone with the inner and outer sidewall of the exhaust tunnel of Xue, (cited previously above) as further modified, Hipol provides the identifiable mechanism that is able to be pressed against (deformed to block fluid communication) from the outer sidewall of the exhaust tunnel, (cited previously above) – where when a user presses onto the outer portion with the outer sidewall of the exhaust channel of the modified device, the collapsible zone is able to collapse manually and obstruct the fluid communication – where the inner sidewall defines the length of the stop wall). Regarding claim 13, modified Xue in view of Hipol further discloses the body of claim 12, wherein the stop wall and the inner sidewall of the exhaust tunnel are coupled with each other (Figure 2 above; where the stop wall and the inner sidewall of the exhaust tunnel are coupled with each other). Regarding claim 14, modified Xue in view of Hipol further discloses the body of claim 12, wherein the identifiable mechanism is a pressing device formed on an outer surface of the collapsible zone (Hipol [0051]; where the user purges the system by blocking the mouthpiece and pressing (making it a pressing device) on the purge valve actuator of the purge valve chamber, thereby expelling water from the breathing chamber and the snorkel tube, [0123]; where the purge valve actuators is within the purge valve chamber ‘26c’ of Hipol Figure 10, where the chamber holding the actuator is exposed to the outside to allow a finger of a user to press the outer portion through the identifiable mechanism (the chamber ‘26c’ being identifiable by being a block within the snorkel device) as modified is provided with the outer surface of the collapsible zone). Regarding claim 15, modified Xue in view of Hipol further discloses the body of claim 12, wherein the pressing device is a block (Hipol [0051], [0123], and Hipol Figure 10; where the identifiable mechanism blocks the mouthpiece thereby being a block, when pressed to expel water from the breathing chamber and snorkel tube). Regarding claim 16, modified Xue in view of Hipol further discloses the body of claim 15, wherein the block is integrally formed with the waterproof skirt (QBAS Figure 6; where ‘2141’ is a stop mechanism integrally formed with the waterproof skirt, Hipol [0051], [0123], and Hipol Figure 10; where the identifiable mechanism blocks the mouthpiece thereby being a block, when pressed to expel water from the breathing chamber and snorkel tube). Modified Xue does disclose the waterproof skirt with the ‘2141’ portion that acts as a stop piece to block the fluid communication within the mask (QBAS [0034]), where the waterproof skirt and the blocking mechanism ‘2141’ are integrally formed. Modified Xue fails to disclose the identifiable mechanism being a block formed integrally with the waterproof skirt. Hipol discloses a diving mask comprising: the identifiable mechanism that is a pressing device that is a block (Hipol [0051], [0123], and Hipol Figure 10; where the identifiable mechanism blocks the mouthpiece thereby being a block, when pressed to expel water from the breathing chamber and snorkel tube). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the breathing mask of modified Xue to include an identifiable mechanism that is a block as taught by Hipol and integrally form it with the waterproof skirt instead of the stop piece ‘2141’ that is not user actuatable, but blocks the channel, since, it allows for the user to manually control the blockage and purging of water within the channel while diving, swimming, snorkeling (Hipol [0051]), the combination thereby allowing the user to obstruct the fluid communication of the exhaust channel of the modified device by manual pressing and have the block integrally formed such that it does not move within the exhaust channel whilst non-actuation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Giroux (US 6302102 B1): dual air passage snorkel. Sandusky (US 7793657 B1): facemask snorkel. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4. 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 at 5712707410. 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. /AISLINN M JONES/Examiner, Art Unit 3785 /BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

May 30, 2024
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §103, §112 (current)

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+57.1%)
3y 2m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 9 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month