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 .
Information Disclosure Statement
The information disclosure statement(s) filed on 04/05/2024, 12/26/2024, 04/22/2025, 10/08/2025 and 12/18/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claims
This office action is in response to the preliminary amendment filed on 04/01/2024. As directed by the preliminary amendments, claims 3, 5-6, 8, 11, 13, 15, 21, 25 and 38-40 have been amended, claims 9-10, 14, 16, 19, 22-24, 26-37 and 41-48 have been cancelled. As such, claims 1-8, 11-13, 15, 17-18, 20-21, 25 and 38-40 are being examined in this application.
Drawings
The drawings are objected to because Figs. Figs. 16-17 and 24-26 are difficult/not
capable of being read as they are blurry and illegible. 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. The figure
or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and
where necessary, the remaining figures must be renumbered and appropriate changes made to the
brief description of the several views of the drawings for consistency. Additional replacement
sheets may be necessary to show the renumbering of the remaining figures. 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
Claim(s) 3, 8 and 25 is/are objected to because of the following informalities:
Claim 3, line 2, recites “…between the inner side wall of the exhaust holes…” but should recite “…between an inner side wall of the exhaust holes…” due to antecedent basis.
Claim 8, line 4, recites “…the the exhaust hole are…” but should recite“…
Claim 25, line 1-2, recites “…the exhaust assembly and the ventilation assembly according to…” but should recite “….
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 4 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “…wherein the included angle β between the inner side wall of the exhaust holes and the normal plane is eighty degrees to one hundred degrees.” However, it is unclear how the angle β is 80 to 100 degrees since from the Fig. 19, β appears to be the same angle as α. Furthermore, the [00193] of the specification recites “An included angle 13 between the side wall of the exhaust holes 61 and the normal plane 5 in the intake direction of the pressure airflow in the intake hole 62 is an acute angle.” For examination purposes, as best understood from the drawings and specification, angle β will be an acute angle as angle β is the angle between the inner side wall and normal plane.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-4, 6, 8 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eifler (US 20200016355 A1).
Regarding claim 1, Eifler teaches an exhaust assembly (emission device 3, see Figs. 19-20) for a mask system (respiratory mask 1, see Figs. 19-20), comprising a first main body (the emission device 3 has a first main body as seen in Fig. 20 within the circle for enlargement (see [0078]), the first main body comprising an intake hole (there is a corresponding connection opening (taken as intake hole) of mask body 4 where connection unit 5 is being inserted as seen in Figs. 19-20 and Eifler’s Annotated Fig. 20 and [0092]) and a side wall disposed around the circumferential direction of the intake hole (there is a side wall disposed around the circumferential direction of the connection opening as seen in Figs. 19-20 and Eifler’s Annotated Fig. 20), and exhaust holes (flow channels 6, see Figs. 19-20) being disposed in the side wall (flow channels 6 are disposed in the side wall as seen in Figs. 19-20); a gas entering the intake hole being delivered to a wearer wearing the mask system (Eifler teaches connection unit 5 is used to connect a respiratory gas feed line 101 to respiratory mask 1 through the connection opening as seen in Fig. 20 and [0092], such that gas can be delivered), and the gas exhaled by the wearer being exhausted from the exhaust holes (Eifler teaches the exhaled air is released into the surroundings through the flow channels 6 as seen in [0093]); and
an included angle α being formed between a normal plane in an intake direction in the intake hole and the side wall (there is an included α angle formed between a normal plane in an intake direction in the intake hole and the side wall as seen in Eifler’s Annotated Fig. 20).
Eifler’s Annotated Fig. 20
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Regarding claim 2, Eifler teaches the assembly of claim 1, but does not explicitly disclose that wherein the included angle α between the normal plane in the intake direction in the intake hole and the side wall is ten degrees to seventy degrees. However, Eifler discloses and illustrates the included angle α between the normal plane in the intake direction in the intake hole and the side wall is ten degrees to seventy degrees as seen in Eifler’s Annotated Fig. 20. The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the angle α within applicant' s claimed range for the benefit of having a side wall that allows air to exhaust at an angle away from the user’s face (see [0048]).
Regarding claim 3, Eifler teaches the assembly of claim 1, and further teaches wherein an included angle β is formed between the inner side wall of the exhaust holes and the normal plane (see 112(b) rejection above; There is an included β formed between the inner side wall of the exhaust holes and the normal plane as seen in Eifler’s Annotated Fig. 20).
Regarding claim 4, Eifler teaches the assembly of claim 3, and further teaches wherein the included angle β between the inner side wall of the exhaust holes and the normal plane is eighty degrees to one hundred degrees (see 112(b) rejection above; There is an included β formed between the inner side wall of the exhaust holes and the normal plane that is an acute angle as seen in Eifler’s Annotated Fig. 20).
Regarding claim 6, Eifler teaches the assembly of claim 1, and further teaches wherein the exhaust holes are constructed to ensure that a direction in which the gas enters the exhaust holes and a direction in which the gas is exhausted from the exhaust holes are parallel and non-collinear (flow channels 6 are constructed to ensure that the direction in which the gas enters the flow channels and the direction in which gas is exhausted from the exhaust holes are parallel and non-collinear as seen in Figs. 19-20, similar to applicant’s Fig. 20).
Regarding claim 8, Eifler teaches the assembly of claim 1, and further teaches wherein the exhaust holes are annularly disposed in the circumferential direction of the intake hole (Eifler teaches flow channels 6 to be annually disposed in the circumferential direction of the connection opening as seen in Figs. 19-20 and [0034] and [0094]); or
the exhaust holes are distributed in a circle or ellipse concentric with the intake hole; or the the exhaust holes are formed by up-and-down collision puncturing of molds.
Regarding claim 11, Eifler teaches the assembly of claim 1, and further teaches wherein the first main body is constructed on a frame assembly (mask body 4, see Figs. 19-20) of the mask system (the emission device 3 has the first main body constructed on mask body 4 as seen in Figs. 1 and 19-20), and forms a split structure or an integrated structure with the frame assembly of the mask system (mask body 4 and emission device 3 forms an integrated structure as seen in Figs. 19-20 and [0093]).
Regarding claim 12, Eifler teaches the assembly of claim 11, and further teaches wherein the exhaust holes are disposed to be close to an edge of the first main body (flow channel 6 are disposed to be close to an edge of the first main body of emission device 3 as seen in Fig. 19), and are arranged to diverge (flow channels 6 are arranged to diverge as seen in Figs. 19-20 as they are angled away from one another), and at most two adjacent exhaust holes are located around each of the exhaust holes (at most two adjacent flow channel 6 are located around each of the flow channel 6 as seen in Fig. 19).
Claim Rejections - 35 USC § 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eifler (US 20200016355 A1) in view of Sullivan (US 20100043798 A1).
Regarding claim 5, Eifler teaches the assembly of claim 1, and further teaches the flow channel to have a length of preferably 0.8 to 3 mm starting from the inlet region to the outlet region as seen in [0026], wherein the thickness of the side wall is the flow channel length as seen in Eifler’s Annotated Fig. 20.
But does not teach wherein the average thickness of the side wall is zero point five millimeters to two point zero millimeters.
However, Sullivan teaches the average wall thickness for a manifold shell to be preferably 1 mm to 2 mm and most preferably 1.5 mm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Eifler to have the average wall thickness to be 1.5mm as taught by Sullivan for a known average thickness of a wall for a mask body/manifold shell, therefore teaching the average thickness of the side walls to be 1.5 mm (which is between 0.8 to 3 mm).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eifler (US 20200016355 A1) in view of Farrow (WO 2019235939 A1).
Regarding claim 7, Eifler teaches the assembly of claim 6, but does not further teach wherein inner hole diameters of the exhaust holes are smaller than or greater than outer hole diameters of the exhaust holes.
However, Farrow teaches wherein inner hole diameters of the exhaust holes are smaller than or greater than outer hole diameters of the exhaust holes (Farrow teaches the diameter of the vent holes may not be constant wherein the rear radius may be smaller than or larger than the front radius, leading to a taper and different air flow dynamics and levels of noise as seen in Fig. 78A-78B and [0358]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Eifler to have the inner hole diameters of the exhaust holes be smaller than or greater than the outer hole diameters of the exhaust holes as taught by Farrow for different air flow dynamics and levels of noise (see [0358]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eifler (US 20200016355 A1) in view of Sleeper (US 20080053446 A1).
Regarding claim 13, Eifler teaches the assembly of claim 1, and further teaches wherein the first main body is constructed on a frame assembly and a cushion assembly of the mask system, and respectively forms an integrated structure with the frame assembly and the cushion assembly of the mask system; or
the first main body is constructed on a mask plate (mask plate 21, see Figs. 1 and 19-20) of the mask system (the first main body of the emission device 4 is constructed on mask plate 21 as seen in see Fig. 1 and [0054] and [0091]), and forms a split structure or an integrated structure with the frame assembly (mask body 4, see Figs. 19-20) of the mask system (mask body 4 and emission device 3 forms an integrated structure as seen in Figs. 19-20 and [0093]).
But does not teach a cushion assembly of the mask system.
However, Sleeper teaches a cushion 400 having a face-sealing area adapted to sealingly connect the respiratory mask to a wearer's face, such that it inhibits leakage of air and provides greater comfort due to the shape as seen in [0062] and [0065].
Eifler teaches mask plate 21 to have a leak-tight fashion on the face of the patient as seen in [0120]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Eifler to replace the mask plate with the cushion as taught by Sleeper for comfort and to aid in preventing leakage (see [0062] and [0065]).
Claim(s) 15, 17-18, 21 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eifler (US 20200016355 A1) in view of Chien (US 20150059763 A1).
Regarding claim 15, Eifler teaches a ventilation assembly (emission device 3 and connection unit 5, see Figs. 19-20) for a mask system (respiratory mask 1, see Figs. 19-20), comprising an exhaust assembly (emission device 3, see Figs. 19-20) according to claim 1 (see claim 1 above) and a second main body (connection unit 5, see Figs. 19-20)
But does not teach wherein a safety member is disposed on the second main body, the safety member is constructed to enable an intake hole of the exhaust assembly to communicate with a gas device when a gas is introduced to the mask system, and enable the mask system to communicate with an environment when no gas is introduced to the mask system.
However, Chien teaches wherein a safety member (anti-asphyxia valve 226, see Figs. 8-10) is disposed on the second main body (elbow 220, see Figs. 8-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Eifler to include replace the connection unit with the elbow with anti-asphyxia valve as taught by Chien to prevent asphyxia when there is no air provided from the air delivery conduit (see [0031]). Eifler in view of Chien teaches the safety member is constructed to enable an intake hole of the exhaust assembly to communicate with a gas device when a gas is introduced to the mask system (Chien teaches when air is delivered from air delivery conduit 140, the air pushes the flap 228 to flex upwards to cover the anti-asphyxia valve 226 as seen in [0031]. Therefore, Eifler in view of Chien teaches flap 228 (of Chien) to move upwards to enable gas from elbow 220 (of Chien) to communicate with the connection opening of mask body 4), and enable the mask system to communicate with an environment when no gas is introduced to the mask system (Eifler in view of Chien teaches the flap 228 (of Chien) will flex back to its normal position and leave the anti-asphyxia valve 226 (of Chien) open when there is no air provided as seen in [0031] of Chien. Therefore, allowing the respiratory mask 1 to communicate with the environment).
Regarding claim 17, Eifler in view of Chien teaches the assembly of claim 15, and further teaches wherein the second main body and the exhaust assembly form the split structure (elbow 220 (of Chien) and emission device 3 of Eifler form a split structure as connection unit 5 is inserted into a corresponding connection opening of mask body 4 as seen in Figs. 19-20 and [0092] of Eifler), the exhaust assembly is constructed on a frame assembly (mask body 4, see Figs. 19-20 of Eifler) of the mask system (emission device 3 is constructed on mask body 4 as seen in Figs. 1 and 19-20 of Eifler), and the second main body is constructed as a pipe body connected to the frame assembly (elbow 220 of Chien is a pipe body connected to mask body 4 of Eifler as seen in Figs. 19-20 of Eifler and Figs. 8-10 of Chien).
Regarding claim 18, Eifler in view of Chien teaches the assembly of claim 15, and further teaches wherein the safety member comprises a safety valve hole (anti-asphyxia valve 226 has a hole as seen in Figs. 8-10 and [0031] of Chien) and a safety valve plate (flap 228, see Fig. 8 of Chien), the safety valve hole is connected to the intake hole (the hole of anti-asphyxia valve 226 (taught by Chien) is fluidically connected to the connection opening of mask body 4), and the safety valve plate is constructed to enable the intake hole and the safety valve hole not to be opened or closed at the same time (the flap 228 of Chien is to flex upwards to cover the anti-asphyxia valve 226 of Chien to allow air to flow through the connection opening (hence air passage through the anti-asphyxia valve hole will be closed and the intake hole will be open) and to flex back to its normal position and leave the anti-asphyxia valve 226 open when there is no air provided (wherein the air passage from connection unit 5 to the connection opening is closed and the anti-asphyxia valve 226 is opened) as seen in [0031]. This is similar to applicant’s safety valve hole 501 and safety valve plate 502 as shown in [00179] and [00205]-[00206] of applicant’s specification).
Regarding claim 21, Eifler in view of Chien teaches the assembly of claim 15, and further teaches wherein the first main body and the second main body form the integrated structure, and the first main body and the second main body are constructed on a frame assembly or a cushion assembly of the mask system; or
the first main body and the second main body form the split structure (elbow 220 of Chien and emission device 3 of Eifler form a split structure as elbow 220 is inserted into a corresponding connection opening of mask body 4 as seen in Figs. 19-20 and [0092]), the first main body is constructed on a frame assembly of the mask system (the emission device 3 has a first main body constructed on mask body 4 as seen in Figs. 1 and 19-20), and the second main body is constructed as an elbow connected to the frame assembly (Eifler in view of Chien teaches elbow 220 of Chien to be connected to mask body 4 as seen in Figs. 19-20 and [0092]).
Regarding claim 25, Eifler in view of Chien teaches a frame assembly (mask body 4, see Figs. 19-20), comprising a frame on which the exhaust assembly and the ventilation assembly according to claim 15 are constructed (mask body 4 of Eifler comprises a frame on which emission device 3 of Eifler and elbow 220 of Chien are constructed seen in Figs. 19-20 of Eifler).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eifler (US 20200016355 A1) in view of Chien (US 20150059763 A1), as applied to claim 15 above, and further in view of Frater (US 20110315143 A1).
Regarding claim 20, Eifler in view of Chien teaches the assembly of claim 15, and further teaches wherein the first main body and the second main body form the split structure (elbow 220 of Chien and emission device 3 of Eifler form a split structure as elbow 220 is inserted into a corresponding connection opening of mask body 4 as seen in Figs. 19-20 and [0092]), the first main body is constructed on a frame assembly of the mask system (the emission device 3 comprises the first main body constructed on mask body 4 as seen in Figs. 1 and 19-20) and teaches a mask plate 21 as seen in Figs. 1 and 19-20 of Eifler.
But does not teach the second main body is constructed on a cushion assembly of the mask system.
However, Frater teaches the anti-asphyxia valve can be included in the full-face cushion, or located in the mask elbow, along the side wall of the cushion, on the frame on which the cushion is supported as seen in [0069]. Frater further teaches a full-face cushion 490 with a mask frame 495 as seen in Fig. 15 and [0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Eifler in view of Chien to replace the mask plate with the cushion as taught by Frater for a membrane that can adapt to and form a continuous seal around the patient’s nose and mouth (see [0012]). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Eifler in view of Chien and Frater to move the anti-asphyxia valve from the elbow to be included in the full-face cushion as a known alternative location to place an anti-asphyxia valve within the art. As such, modified Eifler in view of Chien teaches the anti-asphyxia valve to be on a part of the cushion (taken as second main body) which is integrally constructed with the full-face cushion (similar to applicant’s [00178] in the specification).
Claim(s) 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sleeper (US 20080053446 A1) in view of Farrow (WO 2019235939 A1).
Regarding claim 38, Sleeper teaches a mask system (respiratory mask assembly 300, see Figs. 3-5), comprising a cushion assembly (flexible cushion 302, see Figs. 3-5), the cushion assembly comprising an oronasal cushion (flexible cushion 302 forms an enclosure around a mouth and nose of a patient as seen in [0039]), a through cavity capable of receiving a pressure gas is formed in the oronasal cushion (there is a through cavity from swivel connection 338 to the triangularly-shaped outer-periphery 306 used to receive a user’s face as seen in Figs. 3-5 and [0039] that is capable of receiving pressure gas from supply tube 334 as seen in [0045]), the oronasal cushion adapted to fit around the face of the user so as to seal (Sleeper teaches face cushion 302 comprising a face-engaging portion 364 used to adapt and seal the respiratory mask assembly 300 to a wearer's face as seen in [0049])
But does not teach the oronasal cushion comprising a nose structure and a mouth structure, a through cavity capable of receiving a pressure gas is formed in the nose structure and the mouth structure, the nose structure is adaptively fitted around nostrils of a user so as to seal; and the mouth structure is adaptively fitted around the mouth of the user so as to seal;
wherein the nose structure is constructed to have no clamping effect on nosewings of a patient when pressing against the nasal base of a wearer by means of a pressurized gas so as to seal.
However, Farrow teaches the oronasal cushion (cushion module 2150, see Figs. 2a-18) comprising a nose structure (nasal region 2168, see Figs. 12-14) and a mouth structure (Farrow teaches mask seal 2104 to include a nasal region 2168 and an oral seal portion (taken as mouth structure), wherein the oral seal portion includes an oral opening 2122 as seen in Fig. 13), a through cavity capable of receiving a pressure gas is formed in the nose structure and the mouth structure (there is a through cavity capable of receiving pressure gas from inlet 2732 and gas supply conduit 2520A formed in the nasal region 2168 and oral opening 2122 as seen in Figs. 13-14 and [0216]), the nose structure is adaptively fitted around nostrils of a user so as to seal (nasal region 2168 of cushion 2150 is adapted to extend and seal around the nostrils of a user as seen in Figs. 13-14 and [0211]); and the mouth structure is adaptively fitted around the mouth of the user so as to seal (mask seal 2104 seals around oral opening 2122 as seen in Figs. 13-14 and [0251], wherein mask seal 2104 is made out of a soft material such as silicone as seen in [0215]. Therefore, mask seal 2104 is adaptively fitted around the mouth of the user due to its material);
wherein the nose structure is constructed to have no clamping effect on nosewings of a patient when pressing against the nasal base of a wearer by means of a pressurized gas so as to seal (nasal region 2168 of cushion 2150 is adapted to extend and seal over the wing or alar of the nose, which flares out to form a rounded eminence around the nostril seen in Figs. 13-14 and [0211]. Therefore, the nasal region 2168 is constructed to have no clamping effect on the patient’s nosewings).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly taught by Sleeper to replace the flexible cushion with the cushion module as taught by Farrow with an improved under-nose interface assembly (see [0004]).
Regarding claim 39, Sleeper in view of Farrow teaches the system of claim 38, and Sleeper further teaches further comprising an exhaust assembly, comprising a first main body. the first main body comprises an intake hole and a side wall disposed around the circumferential direction of the intake hole, and exhaust holes is disposed in the side wall; a gas entering the intake hole is delivered to a wearer wearing the mask system, and the gas exhaled by the wearer is exhausted from the exhaust holes; and an included angle a is formed between a normal plane in an intake direction in the intake hole and the side wall; and/or
a ventilation assembly, comprising an exhaust assembly (air vent 346, see Figs. 3-5 and [0046]; there is an intake hole where the swivel connection 338 is connected to frame 304 as seen in Figs. 3-5) and a second main body (supply tube 334, swivel portion 336 and safety vent 340, see Figs. 3-4), wherein the exhaust assembly comprises a first main body (there is a first main body containing the air vent 346 and intake hole as seen in Figs. 3-5, more specifically seen in Fig. 3), a safety member (safety vent 340, see Figs. 3-5) is disposed on the second main body (see Figs. 3-5), the safety member is constructed to enable an intake hole of the exhaust assembly to communicate with a gas device when a gas is introduced to the mask system (when the air pump is operational, safety vent 340 is closed off to allow gas to communicate through the intake hole when gas is introduced from supply tube 334 as seen in Figs. 3-5 and [0045]-[0046]), and enable the mask system to communicate with an environment when no gas is introduced to the mask system (when the air pump is turned off, the pressurized flow of air to the mask 300 is interrupted and the safety vent 340 permits the patient to breathe normally as seen in [0046], therefore allowing the mask 300 to communicate with the environment).
Regarding claim 40, Sleeper in view of Farrow teaches the system of claim 38, and further teaches further comprising a frame assembly (frame 304, see Figs. 3-5 of Sleeper) on which the exhaust assembly and the ventilation assembly are constructed (air vent 346, the intake hole, supply tube 334, swivel portion 336 and safety vent 340 are constructed on frame 304 as seen in Figs. 3-5 and [0045] of Sleeper), and the frame assembly being detachably connected to the oronasal cushion (Sleeper in view of Farrow teaches frame 304 of Sleeper to be removably coupled to the cushion module 2150 of Farrow as seen in [0039] of Sleeper).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nelson (US 20200324150 A1) and Haibach (US 20130213401 A1) teaches a mask with a tube, as well as, openings used as vents that are arranged in a circular array around an intake hole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
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.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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