Prosecution Insights
Last updated: August 15, 2026
Application No. 18/692,347

ORONASAL CUSHION AND PATIENT INTERFACE DEVICE

Non-Final OA §101§102§103§112
Filed
Mar 15, 2024
Priority
Sep 30, 2021 — CN 202111165555.8 +1 more
Examiner
DITMER, KATHRYN ELIZABETH
Art Unit
Tech Center
Assignee
BMC MEDICAL CO., LTD.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
440 granted / 763 resolved
-2.3% vs TC avg
Strong +50% interview lift
Without
With
+49.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
34 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
42.5%
+2.5% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
32.4%
-7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 763 resolved cases

Office Action

§101 §102 §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 . Response to Amendment This office action is in response to the preliminary amendment filed 3/15/2024. As directed by the amendment, claims 1-8, 10, 11, 14, 15, 17-19, 21, 23, 29 and 50 have been amended, and claims 9, 12, 13, 16, 20, 22, 25-28 and 30-49 have been cancelled. As such, claims 1-8, 10, 11, 14, 15, 17-19, 21, 23, 24, 29 and 50 are pending in the instant application. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: ORONASAL CUSHION AND PATIENT INTERFACE DEVICE WITH NO CLAMPING EFFECT. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: chin contact region 351. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 3, 19 and 21 are objected to because of the following informalities: Claim 3, line 4 should read “part is configured to deform Claim 19, line 4 should read “second lateral support part” for clearer antecedent basis Claim 21, line 6 should read “inward toward the” for clarity/grammatical completeness Appropriate correction is required. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism. Claims 1-8, 10, 11, 14, 15, 17-19, 21, 23, 24, 29 and 50 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claims 1 (and thus its dependent claims), 15 and 17 positively recite the wearer. To address this rejection, claim 1, line 11, could be amended to read “an oral soft pad part configured to be in contact with a face” and claims 15 and 17, line 3 of each claim, could be amended to read “in a direction configured to be away from an upper lip” (two instances total). 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 1-8, 10, 11, 14, 15, 17-19, 21, 23, 24, 29 and 50 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 1 (and thus its dependent claims), it is unclear what is meant by/what is the scope of “the nasal structure is configured so that no clamping effect is applied on ala nasi of the wearer when the nasal structure is pressed against a bottom of a nose of the wearer for sealing by the pressurized gas,” because e.g. a compartment of a given width with slightly flexible walls will exert a clamping effect on a nose inserted therein of similar or slightly larger width, but it will not exert a clamping effect on a narrower nose placed in the same position, i.e. the functional language appears completely dependent on the size and shape of a given user’s nose, rendering the structure(s) covered by the claim indefinite, because noses come in all different sizes/widths/shapes. For purposes of examination, as best understood from e.g. instant Figs. 5A-B, prior art that teaches a nasal structure that is configured to be pressed against a bottom of a nose of the wearer for sealing by pressurized gas and not extend upward so as to engage the sides of the ala and/or has a very wide upper surface angle when pressurized such that any extension above the ala does not seal/clamp around the ala but continues outwardly away from the bottom of the nose reads on the limitation above. Regarding claims 24 and 29, where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “surrounding” in claims 24 and 29 is used by the claims to mean “bordering” in view of e.g. instant Fig. 9, which shows oral ambilateral part 34 only along the sides of the oral opening and chin part 35 only along the bottom of the oral opening [there is no label in the drawings for “chin contact region 351” as indicated above, but it is said to be comprised by the chin part], while the accepted meaning is “extents entirely around.” The term is indefinite because the specification does not clearly redefine the term. Applicant could address this rejection by amending claim 24 to read either “bordering” or “on either side of” and claim 29 to read either “bordering” or “below”. Claim Interpretation The terms “rear” and “front” in the claims are understood to indicate directions corresponding to “towards the wearer in use” and “away from the wearer in use,” respectively. Claim Rejections - 35 USC § 102/103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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)(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. 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 nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-8, 10, 11, 14, 15, 17, 21, 23, 24, 29 and 50 are rejected under 35 U.S.C. 102(a)(2) as anticipated by Scheiner et al. (US 2023/0191062 A1; hereinafter “Scheiner”) or, in the alternative, under 35 U.S.C. 103 as obvious over Scheiner in view of Wilkie et al. (US 7,301,169 B2; hereinafter “Wilkie”). Regarding claim 1, Scheiner discloses an oronasal cushion (seal-forming structure, e.g. 6100) (Figs. 22-39; where similar structures have different labels across the Figs. but for ease of citation, those in Fig. 26 will be primarily referenced below; see also para [0628], which indicates that the features of the nasal-only interface are applicable to the oro-nasal interface), comprising a nasal structure (nasal portion 6101) and an oral structure (oral portion 6102) connected to each other (Fig. 26), wherein a penetrating cavity (cavity 6001) is formed inside the nasal structure and the oral structure (Fig. 29; para [0637]), and the penetrating cavity is configured to receive pressurized gas (para [0637]); the nasal structure is adapted to fit around nostrils of a wearer for sealing (Fig. 23; para [0634]), and the oral structure is adapted to fit around a mouth of the wearer for sealing (Fig. 23; para [0636]); wherein the nasal structure, as best understood, is configured so that no clamping effect is applied on ala nasi of the wearer when the nasal structure is pressed against a bottom of a nose of the wearer for sealing by the pressurized gas (Figs. 26, 41-44 and 66-68; paras [0511], [0517] and [0523]); where the “hovercraft” description and e.g. Fig. 26 showing a very wide upper surface angle when pressurized appears to anticipate the claimed limitation as discussed in the 112 section above; OR, in the alternative, Wilkie Figs. 10-11b and 20 clearly depict a similar nasal structure providing “hovercraft” inflation with no ala nasi clamping effect/ala side contact, such that it would have been obvious to an artisan before the effective filing date of the claimed invention for Scheiner to include/provide/ensure no ala nasi clamping effect as claimed and as taught by Wilkie, in order to provide the predictable result of a nasal structure that does not have to be sized relative to the width of any given user’s nose, thus allowing use of a single nasal structure across a broad user population for cost savings and/or convenience and/or reduced inventory requirements; the oral structure is configured to accommodate the mouth of the wearer and fit around the mouth of the wearer in response to the oronasal cushion being put on by the wearer (Scheiner Fig. 23; para [0636]); and the oral structure comprises an oral soft pad part (sealing portion 6132, comprising membrane 6130) in contact with a face of the wearer (Scheiner Figs. 23 and 26; paras [0638-642]) and a reinforcing structure (support structure 6120) connected to the oral soft pad part (Scheiner Figs. 26 and e.g. 58-59; paras [0638-640]), and a rigidity of the reinforcing structure is greater than a rigidity of the oral soft pad part (para [0640]). Regarding claim 2, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 1, wherein Scheiner further discloses/Scheiner in view of Wilkie further teaches wherein the nasal structure comprises a nasal opening in communication with the penetrating cavity (Scheiner Fig. 26 in view of para [0634]: “nasal portion 6101 that has at least one hole…a single hole may be used to provide the flow of air to both of the patient’s nares”; see similar opening 64 of Wilkie Fig. 10), and a nasal soft pad part (sealing portion 6131, comprising membrane 6130) surrounding the nasal opening (Scheiner Figs. 23 and 26; paras [0638-44]), the nasal opening is configured to surround a lower side of the nostrils of the wearer in response to the oronasal cushion being put on by the wearer (Scheiner Figs. 23, 26, 41-44 and 66-68; paras [0638-44]; Wilkie Figs. 11-11b), and the nasal soft pad part is adapted to fit around the nostrils of the wearer for sealing (Scheiner Figs. 23, 26, 41-44 and 66-68; paras [0464], [0521-23], [0557], [0638-44], [0697], [0717], [0771], [0870], [0878]; Wilkie Figs. 11-11b). Regarding claim 3, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 2, wherein Scheiner further discloses/teaches wherein the nasal soft pad part comprises a soft intermediate part (comprising at least the inner portion of sealing portion 6131, consisting only the membrane 6130, that surrounds the single nasal opening disclosed by Scheiner and taught by Wilkie) disposed around the nasal opening (Scheiner Figs. 26 and e.g. 58-59), the soft intermediate part is configured to accommodate the nose of the wearer without submerging a nasal apex (aka pronasale) of the wearer (Scheiner Figs. 23-25 and 67; the textile membrane 3130 may be configured to generate an effective seal against the subnasale portion of the patients nose such that the textile membrane 3130 does not engage the pronasale, as shown for example in FIG. 23, para [0516]; the first sealing portion 6131 may contact a region between the nasal ala and the lip superior, while leaving the pronasale exposed (see e.g., FIGS. 23-25 illustrating the similar first sealing portion 9131), para [0644]; see also Scheiner paras [0541] and [0546]; see also Wilkie Figs. 10-11a and 20), and the soft intermediate part deforms in response to an increase in a pressure in the penetrating cavity, to fit around the nostrils of the wearer (Scheiner Figs. 23, 26, 41-44 and 66-68; paras [0464], [0511], [0517], [0521-23], [0557], [0638-44], [0697], [0717], [0771], [0870], [0878]; Wilkie Figs. 11-11b and 20). Regarding claim 4, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 3, wherein Scheiner further discloses/teaches wherein the nasal soft pad part further comprises a first lateral support part (left part of support structure 6120 in the nasal portion) and a second lateral support part (right part of support structure 6120 in the nasal portion) connected to the soft intermediate part, respectively (Scheiner Figs. 30-32; paras [0639-640]; see also Scheiner Figs. 58-59 and paras [0552-556]); wherein the first lateral support part and the second lateral support part extend on both sides of the soft intermediate part (Scheiner Figs. 30-32; paras [0639-640]; see also Scheiner Figs. 58-59 and paras [0552-556]), respectively. Regarding claim 5, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 4, wherein Scheiner further discloses/teaches wherein the soft intermediate part is configured to be farther from an upper end of the oronasal cushion than the first lateral support part and the second lateral support part (Scheiner Figs. 26-27 in view of Figs. 41, 43 and 58-59). Regarding claim 6, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 4, wherein Scheiner further discloses/teaches wherein a rigidity of the first lateral support part and a rigidity of the second lateral support part greater than a rigidity of the soft intermediate part (Scheiner Figs. 30-32 and paras [0639-640]; see also Scheiner Figs. 58-59 and paras [0552-556]). Regarding claim 7, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 4, wherein Scheiner further discloses/teaches wherein a thickness of the first lateral support part and a thickness of the second lateral support part are greater than a thickness of the soft intermediate part (Scheiner Figs. 30-32 and paras [0639-640]; see also Scheiner Figs. 58-59 and paras [0545] and [0552-556]). Regarding claim 8, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 3, wherein Scheiner further discloses/teaches wherein the soft intermediate part is a structure with uniform thickness (Scheiner Fig. 26 in view of e.g. Figs. 58-59). Regarding claim 10, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 3, wherein Scheiner further discloses/teaches wherein the soft intermediate part comprises a local thickened part (at grip pads 9150) (Scheiner Figs. 37-39; para [0518]). Regarding claim 11, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 10, wherein Scheiner further discloses/teaches wherein the local thickened part is provided at a peripheral edge of the soft intermediate part (Scheiner Figs. 37-39, particularly in view of Figs. 58-59; para [0518]). Regarding claim 14, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 4, wherein Scheiner further discloses/teaches further comprising an oronasal transition part disposed between a rear side of the soft intermediate part and the oral structure (at least a part of the portion extending between the nasal and oral openings on the wear-facing side) (Scheiner Fig. 33-2, 33-3), the oronasal transition part is configured to fit with an upper lip region of the wearer in response to the oronasal cushion being put on by the wearer; and a thickness of the oronasal transition part is same as a thickness of the soft intermediate part (by virtue of being formed from the same membrane material) (Scheiner Figs. 33-2, 33-3; paras [0397], [0648-649]). Regarding claim 15, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 14, wherein Scheiner further discloses/teaches wherein the oronasal transition part is configured as a concave structure recessed in a direction away from an upper lip of the wearer (Scheiner Figs. 33-1-33-9, where the portion connecting the nasal and oral structures on the wear-facing side curves inward as it transitions downward to the opening of the oral structure). Regarding claim 17, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 14, wherein Scheiner further discloses/teaches wherein two sides of the oronasal transition part are respectively connected to the first lateral support part and the second lateral support part (i.e. within lateral sides 25250) by recessing in a direction away from an upper lip of the wearer (Scheiner Figs. 33-1-33-9, see also Scheiner Figs. 58-59 and paras [0552-556] and the discussion above regarding claim 15). Regarding claim 21, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 6, wherein Scheiner further discloses/teaches wherein the oral structure further comprises an oral opening (oral portion hole 6104) in communication with the penetrating cavity (Scheiner Figs. 26 and 29), the oral soft pad part is disposed around the oral opening (Scheiner Fig. 26, see also Figs. 33-1, 33-3), and the oral opening is configured to accommodate the mouth of the wearer in response to the oronasal cushion being put on by the wearer (Scheiner Figs. 23-24; paras [0156], [0617], [0625-636]); a first region of the oral structure where the oral opening is located is recessed inward the penetrating cavity (proximate the inner edge), and a second region of the oral structure where the oral soft pad part is located protrudes outwardly away from the penetrating cavity (proximate the outer edge) (Scheiner Fig. 26 in view of Figs. 32, 36 and 58-59). Regarding claim 23, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 21, wherein Scheiner further discloses/teaches wherein the oral soft pad part comprises an oral ambilateral part (left and right parts of membrane 6130 in the oral portion) and a chin part (lower part of membrane 6130 in the oral portion) (Scheiner Fig. 26 in view of Fig. 24), and an oronasal transition part (at least a part of the portion extending between the nasal and oral openings on the wear-facing side) (Scheiner Fig. 26) and the chin part are respectively connected to an upper side and a lower side of the oral ambilateral part (Scheiner Fig. 26); the oral ambilateral part is configured to fit with the face of the wearer in response to the oronasal cushion being put on by the wearer, and the chin part is configured to fit with a chin of the wearer in response to the oronasal cushion being put on by the wearer (Scheiner Fig. 24; para [0636]). Regarding claim 24, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 23, wherein Scheiner further discloses/teaches wherein the oral ambilateral part comprises a face contact region (left and right portions of sealing portion 6132) surrounding the oral opening (e.g. Scheiner Fig. 26; paras [0642] and [0645-49]), a face support region (support structure 6120 on the sides of the oral portion) smoothly connected to the face contact region and extending toward a front side of the oral structure, and an oral transition region (comprising the overlap of the membrane and the support) surrounding the oral opening; the oral transition region is smoothly connected to the face contact region and the face support region (Scheiner Fig. 26 in view of Fig. 58 and paras [0752-753] and [0866]). Regarding claim 29, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 24, wherein Scheiner further discloses/teaches wherein the chin part comprises a chin contact region (bottom portion of sealing portion 6132) surrounding the oral opening (e.g. Scheiner Fig. 26; paras [0642] and [0645-49]) and a chin transition region smoothly connected to the chin contact region, the chin transition region (support structure 6120 on the bottom of the oral portion) extends to a front side of the oronasal cushion (Scheiner Figs. 24, 26 and 28 in view of Fig. 58 and paras [0752-753] and [0866]), or the chin transition region (comprising the overlap of the membrane and the support) is connected to a chin support region (support structure 6120 on the bottom of the oral portion) (Scheiner Figs. 26 and 28 in view of Fig. 58 and paras [0752-753] and [0866]). Regarding claim 50, Scheiner discloses or Scheiner in view of Wilkie teaches a patient interface device (Scheiner Figs. 22-25), comprising the oronasal cushion according to claim 1 (see discussion of claim 1 above), and a frame (plenum portion 6200/9200), wherein the oronasal cushion is sealingly connected to the frame (Scheiner Figs. 22-25, 30 and e.g. 58-59; paras [0545-547], [0618], [0630-633], [0637-640]). Claim Rejections - 35 USC § 103 Claim(s) 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Scheiner OR Scheiner in view of Wilkie as applied to claim 17 above, and further in view of Eves et al. (WO 2021/046599; hereinafter “Eves”). Regarding claims 18 and 19, Scheiner discloses or Scheiner in view of Wilkie teaches the oronasal cushion according to claim 4, wherein Scheiner further discloses/teaches further comprising an oronasal connection part (comprising the lower groove of/under the support structure 6120 in the nasal portion seen in Figs. 30-31) provided between the nasal structure and the oral structure (immediately below the label 6120 in Figs. 30-31), wherein the oronasal connection part comprises a first oronasal connection part located between the first lateral support part and a first side part of the oral structure, a second oronasal connection part located between the second lateral part and a second side part of the oral structure and a third oronasal connection part located between a front side of the nasal structure and a front side of the oral structure (see Scheiner Figs. 30-31 in view of Fig. 26 and paras [0639-640]; see also Scheiner Figs. 58-59 and paras [0552-556]), where the groove extends between the upper support portions and the oral portion from the left side (first oronasal connection part) across the front (third oronasal connection part) to the right side (second oronasal connection part). While Scheiner does teach that the support structure has variable thickness (e.g. paras [0639] and Figs. 58-59), Scheiner is silent regarding wherein specifically a thickness of the oronasal connection part is variable, particularly wherein a thickness of the first oronasal connection part and a thickness of the second oronasal connection part are both greater than a thickness of the third oronasal connection part. However, Eves teaches that it was known in the art of oronasal respiratory interfaces before the effective filing date of the claimed invention to include a groove/oronasal connection part similar to that of Scheiner, wherein a thickness of the oronasal connection part is variable, particularly wherein a thickness of the first oronasal connection part and a thickness of the second oronasal connection part are both greater than a thickness of the third oronasal connection part (Figs. 16-1-16-2; para [0311]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify the groove/oronasal connection part of Scheiner to include wherein a thickness of the oronasal connection part is variable, particularly wherein a thickness of the first oronasal connection part and a thickness of the second oronasal connection part are both greater than a thickness of the third oronasal connection part as taught by Eves, in order to provide the predictable result of configuring the third oronasal/front connection part to act as a hinge/be the most susceptible to a bending moment, thus allowing the nasal portion to bend (Eves para [0311]), thus accommodating different facial geographies and/or wearer movement during use. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references teaching oral and/or nasal pads with varying rigidities: Eves et al. (US 2021/0038848 A1); Scheiner (US 2023/0218848 A1); Patel et al. (US 2020/0016356 A1); Patel et al. (2018/0177695 A1); Mashal et al. (US 2017/0246411 A1); Law et al. (US 2022/0296837 A1); Hartono et al. (US 2022/0134039 A1); Eves et al. (US 2022/0143343 A1); Barlow et al. (US 2016/0082214 A1); Barlow et al. (US 2013/0213400 A1); Barlow et al. (US 2020/0330713 A1); Chodkowski et al. (US 2016/0022944 A1); Davidson et al. (US 2021/0252241 A1); Downey et al. (US 11,229,761 B2); Handke et al. (US 5,724,965); Ho et al. (US 2007/0125385 A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E DITMER whose telephone number is (571)270-5178. The examiner can normally be reached M 7:30a-3:30p, T/Th 8:30a-2:30p, W 11:30a-4:30p, F 1-4p ET. 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 571-270-7410. 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. /KATHRYN E DITMER/Primary Examiner, Art Unit 3785
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Prosecution Timeline

Mar 15, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §101, §102, §103
Aug 11, 2026
Examiner Interview Summary
Aug 11, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
99%
With Interview (+49.6%)
3y 6m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 763 resolved cases by this examiner. Grant probability derived from career allowance rate.

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