Prosecution Insights
Last updated: October 25, 2026
Application No. 18/716,548

BREATHING APPARATUS SYSTEM

Non-Final OA §102§103§112
Filed
Jun 05, 2024
Priority
Dec 09, 2021 — provisional 63/265,160 +1 more
Examiner
BISHOP, JAMIE HAEBIN
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Avon Protection Systems Inc.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
9 currently pending
Career history
9
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§102 §103 §112
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 . DETAILED ACTION This office action is in response to the filing of the application on 06/05/2024. Since the initialing filing, no claims have been amended, added, or canceled. Thus, claims 1-20 are pending in the application. Specification The title of the invention, “Breathing Apparatus System,” is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. At present, no claims are interpreted under 35 USC 112(f). Claims 1-7 are interpreted as claiming a valve alone that may be used in a breathing apparatus with a mask. The functional language in claim 1, “for a breathing apparatus system with a mask” is interpreted as a valve configured or made for a breathing apparatus system with a mask but not requiring that structure. For the purposes of examination, claims 1-7 will be interpreted as involving a valve that can be used in conjunction with a breathing apparatus with a mask or separably operable. Claims 8-20 are interpreted as claiming a breathing apparatus system comprising a mask and a valve to be used together. For the purposes of examination, claims 8-20 will be interpreted as a breathing apparatus that is comprised of a mask, a component, and a valve. 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 1-7 and 11-15 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, the functional language “for a breathing apparatus system with a mask,” is interpreted as a valve that can be used in conjunction with a breathing apparatus with a mask but isn’t necessarily required. Further, the terms “first end fluidly coupling to the mask” and “the second end configured to fluidly couple” are contradictory in whether the claimed valve requires or doesn’t require a mask as the claim language of the term “first end “interpreted as the mask being required but the term “second end configured” is interpreted as the second end being able to be coupled but not required. For the purposes of examination, claim 1 is interpreted as a valve that can be used in conjunction with a breathing apparatus with a mask but is not requiring the mask. Regarding claim 11, the language suggests that the component is inserted at the first end, but the drawing suggests that the mask is inserted into the first end while the component is inserted on the second end. This is further contradicted by claim 1 by: “the first end fluidly coupling to the mask and the second end configured to fluidly coupled with a source of breathable air.” For the purposes of examination, claim 11 is interpreted as the first end being coupled to the mask, and the second end being coupled to the component. Any remaining claims are rejected as being dependent upon a rejected base claim. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Azarias et al (WO 2014/002065 A1; see accompanying translation). Regarding claim 1, Azarias discloses a valve (Fig 1, valve body 1 is the valve 90) for a breathing apparatus system with a mask, the valve comprising: a housing extending axially from a first end to a second end (Fig 3 and page 4 discloses an axially hollow modular body 30 is the housing; Fig 3, first end is the second part 30b, would be on the left and the second end, first part 30a, would be on the right; see annotated Figure 3 below), with the first end fluidly coupling to the mask (Page 4 discloses that the first part 30a and second part 30b is connectable to an external element; an external element may be a mask) and the second end configured to fluidly couple with a source of breathable air (Page 7 discloses that the second hollow part 1b is connected to an external element and the modular body 30 is connected to the valve body 1. Page 5 discloses that the engagement of the modular body 30 and valve body 1 would result in the opening of the interspace 60 to allow fluid to go through the passage); PNG media_image1.png 410 766 media_image1.png Greyscale an air flow path extending through the housing between the first end and the second end (Page 5 discloses that the valve body 1 is connected to the first part 30a of the modular body 30, allows for the fluid to pass through the male coupling. It further discloses that this connection causes the retraction of the first insert 43 due to a spring 44, the interspace 60 opens a passage for the fluid through the second end 30b); a central tee located within the housing and at least partially defining the air flow path (Fig 3, the central tee is the flat head 46); Page 5 discloses that the connection of the valve body 1 and the modular body 30 allows for the flat head 46 to push the head of the push bar 31 to cause the retraction of the shutter 4 in opposition of the spring 5 until the passage for fluid flow is opened); a shuttle surrounding the central tee (Fig 3, the flat head 46) and movable between a first position and a second position (Page 5 discloses a third insert 40 which is movable and is retracted (where retracted is second position and non-retracted is first position) in order to open the interspace 60; the third insert is the shuttle); and a seal carried by the shuttle and surrounding the central tee (Fig 2, the perimeter flange/external flange 45 is the seal; Page 5 discloses the flat head 46 closes the interspace 60 when the spring 44 is not in a compressed state which stops the fluid flow; the third insert 40 is carrying the external flange 45 and is around the flat head 46). Regarding claim 2, Azarias discloses a spring (Fig 2, spring 41 is the spring) within the housing (Fig 2, modular body 30 is the housing) and biasing the shuttle toward the first position (Page 5 discloses a third insert 40 which is movable and is retracted in opposition of the spring (where retracted is second position and non-retracted is first position); Page 5 further discloses the spring keeps the interspace 60 in a closed position when the third insert 40 is kept by the spring in a protracted position). Regarding claim 3, Azarias discloses the seal abuts the central tee and closes the air flow path when the shuttle is in the first position (Fig 1 and 2, the perimeter flange/external flange 45 is the seal; Page 5 discloses the flat head 46 closes the interspace 60 when the spring 44 is not in a compressed state which stops the fluid flow; the third insert 40 is carrying the external flange 45 and is around the flat head 46). Regarding claim 4, Azarias discloses the seal is spaced from the central tee and opens the air flow path when the shuttle is in the second position (Page 5 discloses that the connection of the valve body 1 and the modular body 30 allows for the flat head 46 to push the head of the push bar 31 to cause the retraction of the shutter 4 in opposition of the spring 5 until the passage for fluid flow is opened. It further discloses the third insert 40 is retracted in opposition to the spring 41 where the external flange 45 is engaged with the internal shoulder 49 which results in the opening of the interspace 60 for fluid passage). Regarding claim 5, Azarias discloses the first end comprises a threaded connector (Page 5 discloses that the engagement of the modular body 30 and valve body 1 would result in the opening of the interspace 60 to allow fluid to go through the passage. Page 5 further discloses the second part 30b can be screwed into the first part 30a which implies a threaded connection). Regarding claim 6, Azarias discloses the second end comprises a quick-disconnect connector (Page 2 discloses the quick acting male and female couplies are meant for coupling and decoupling where quick-action is meant to engage and disengage quickly). Regarding claim 7, Azarias discloses a perimeter seal coupled to the shuttle and engaging an interior surface of the housing between the first position and the second position (Page 5 discloses that the connection of the valve body 1 and the modular body 30 allows for the flat head 46 to push the head of the push bar 31 to cause the retraction of the shutter 4 in opposition of the spring 5 until the passage for fluid flow is opened. It further discloses the third insert 40 is retracted in opposition to the spring 41 where the external flange 45 is engaged with the internal shoulder 49; the interior surface is the perimeter of the first part 30a. Third insert 40 is engaged with the perimeter of the first part when in first position (not retracted) and second position (retracted)). 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 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 is 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. Claims 8-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lang (US 20200376305 A1), in view of Azarias et al. Regarding claim 8, Lang discloses a breathing apparatus system, comprising: a mask (Lang, Fig 13A, the face mask 100; [0003] discloses that the face mask is meant for breathing) ; a component fluidly coupled with the mask (Lang, Fig 13D, the connecting piece or connector 1370 is the component; [0209] discloses the connector 1370 is inserted to the connecting piece 120 of the mask) and having a first seal (Lang, Fig 13C, the gasket(s) 1375 is a first seal; [0209] discloses the gasket(s) can be configured to achieve an airtight seal); and a valve (Lang, Fig 13D, valve/valve mechanism 1380 is the valve) receiving the component (Lang, [0209] discloses that the connecting piece/connector 1370 can mechanically move, adjust, or activate the valve/valve mechanism 1380) and comprising: a housing extending axially from a first end to a second end (Lang, Fig 13D, the housing is the connector piece 120 with the first end on the left side and the second end on the right side; see annotated Figure 13D below), with the mask coupled to the first end and the component coupled to the second end (Lang, [0140] discloses that the connector piece 120 is placed or connected to the opening 130 of the face mask 100; Fig 13A, the opening 130 is shown to take the connector piece 120); PNG media_image2.png 559 547 media_image2.png Greyscale an air flow path extending through the housing between the first end and the second end (Lang, [0189] discloses the attachment connector 1200 which is part of the connector piece 120 is configured to attached to a tube 1100 to connect to an air flow supply; [0124] discloses that the vents or openings 1365 in the tube 1100 and the connector piece 120 align to facilitate airflow from the tube to the inside the face mask 100). Lang does not disclose a shuttle within the housing and movable between a first position and a second position; and a second seal carried by the shuttle and axially spaced from the first seal; wherein at least one of the first seal and the second seal block the air flow path as the shuttle is moved between the first position and the second position. However, Azarias teaches a similar male/female coupling valve system for pressurized fluids that comprises a shuttle (Azarias, Fig 3, the third insert 40 is the shuttle) with inside a housing (Azarias, Fig 1, the modular body 30 is the housing) that is movable from a first and second positions with a second seal carried by the shuttle (Azarias, Page 5 discloses that the connection of the valve body 1 and the modular body 30 allows for the flat head 46 to push the head of the push bar 31 to cause the retraction of the shutter 4 in opposition of the spring 5 until the passage for fluid flow is opened) Further the second seal (Azarias, Fig 2, the perimeter flange/external flange 45 is the seal; Page 5 discloses the flat head 46 closes the interspace 60 when the spring 44 is not in a compressed state which stops the fluid flow; the third insert 40 is carrying the external flange 45 and is around the flat head 46) opens or closes based on the retraction from a first position to a second position (Azarias, Page 5 discloses a third insert 40 which is movable and is retracted in opposition of the spring (where retracted is second position and non-retracted is first position)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the breathing apparatus of Lang to include the male/female coupling valve system of Azarias, as taught by Azarias. The male/female coupling valve system would be a substitution for the valve in the breathing apparatus of Lang, as this would have been an obvious substitution of one known element for another and one would expect the modified version to function equally as well. The valve would be placed in the connector piece of Lang (Lang, Fig 13D, the connector piece 120) as the valve mechanism (Lang, Fig 13D, valve mechanism 1380) of Azarias is configured to be connected to an external element which can be a mask (Azarias, Page 4 discloses that the second part 30b is connectable to an external element). The male coupling or valve body of Azarias acts as the component in this modification of Lang. The component would be configured to connect to the tube of Lang (Azarias, Fig 1, the valve body 1 is the male coupling which acts as the component in the modification of the breathing apparatus of Lang. Page 5 discloses that the valve body 1 is connected to the first part 30a of the modular body 30, allows for the fluid to pass through the male coupling. Lang, Fig 13D, the tube 1100 can be connected to the modified component). Further, the male/female coupled valve system of Azarias would have the second part coupled to the mask and the second end (Azarias, Fig 3, first part 30a) would be coupled to component (Azarias, Fig 1, the valve body 1b) which is connected to the tube (Lang, Fig 13D, tube 1100), acting as the second end. Use of the valve of Azarias would obtain similar and predictable results as the valve of Lang and would further allow for the airflow passages to open and close with more control. Regarding claim 9, the modified breathing apparatus of Lang has a central tee located within the housing (Azarias, Fig 1, the housing is the modular body 30; Fig 3, the central tee is the flat head 46). Regarding claim 10, the modified breathing apparatus of Lang has a spring (Azarias, Fig 2, spring 41 is the spring) within the housing (Azarias, Fig 1, modular body 30 is the housing) and biasing the shuttle (Azarias, Fig 3, third insert 40 is the shuttle) toward the first position (Page 5 discloses a third insert 40 which is movable and is retracted in opposition of the spring (where retracted is second position and non-retracted is first position); Page 5 further discloses the spring keeps the interspace 60 in a closed position when the third insert 40 is kept by the spring in a protracted position – a first position). Regarding claim 11, the modified breathing apparatus of Lang has the component is axially insertable into the first end (Azarias, Fig 1, the valve body 1 is the component; Azarias, Fig 3, the second end is the first part 30a; Azarias, Page 3 discloses that the second hollow part 1b connects to an external element where the first hollow part 1a of the valve body is connected to the second end, the first part 30a), thereby moving the shuttle from the first position toward the second position (Azarias, Page 5 discloses the flat head 46 closes the interspace 60 when the spring 44 is not in a compressed state which stops the fluid flow; the third insert 40 is carrying the external flange 45 and is around the flat head 46; Azarias, Page 5 discloses a third insert 40 which is movable and is retracted in opposition of the spring (where retracted is second position and non-retracted is first position)). Regarding claim 12, the modified breathing apparatus of Lang has the second seal (Fig 2, the perimeter flange/external flange 45 is the seal) abuts the central tee and closes the air flow path when the shuttle is in the first position (Azarias, Page 5 discloses the flat head 46 closes the interspace 60 when the spring 44 is not in a compressed state which stops the fluid flow; the third insert 40 is carrying the external flange 45 and is around the flat head 46). Regarding claim 13, the breathing apparatus of Lang discloses a first seal (Lang, Fig 13C, the gasket(s) 1375 is a first seal; [0209] discloses the gasket(s) can be configured to achieve an airtight seal) which is engaged at the interior surface of the housing when the shuttle is moved between the first and the second position; The modified breathing apparatus of Lang does not have the first seal engages an interior surface of the housing are when the shuttle is moved between the first position and the second position. However, prior to the modification made above, Lang introduced a breathing apparatus with a valve that included gaskets or seals that are engaged in a housing that is able to move based on the connection to a tube and a depressible spring (Lang, [0124] discloses the spring-load valve mechanism 1380 that have seals or gaskets 1375 that move or adjust when a tube 1100 is inserted). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified breathing apparatus of Lang with a seal that is engaged in the interior wall and is moveable when a spring is compressed or moved as taught by Lang. The placement of the seal could be included near the entrance of the male coupling of the valve from Azarias (Azarias, Fig 3, see annotated figure 3 below). Use of this seal could help prevent leakage and further create an airtight seal for optimal flow. PNG media_image3.png 323 610 media_image3.png Greyscale Regarding claim 14, the modified breathing apparatus of Lang has the shuttle moved from the first position to the second position (Azarias, Page 5 discloses a third insert 40 which is movable and is retracted in opposition of the spring (where retracted is second position and non-retracted is first position); Page 5 further discloses the spring keeps the interspace 60 in a closed position when the third insert 40 is kept by the spring in a protracted position), the first seal engages the interior surface and closes the air flow path prior to the second seal moving away (Azarias, Fig 1 and Fig 2, the flat head 46 (acting as the central tee) is closed – first position and closer to the external flange 45 (the second seal) then in an open position –second position, the flat head is further away from the external flange) from the central tee (Lang, [0124] discloses the spring-load valve mechanism 1380 that have seals or gaskets 1375 that move or adjust when a tube 1100 is inserted. Prior to the tube connection, the gaskets would be engaged in the interior surface of the modular body 30). Regarding claim 15, the modified breathing apparatus of Lang has the second seal is spaced from the central tee and opens the air flow path when the shuttle is in the second position (Azarias, Page 5 discloses that the connection of the valve body 1 and the modular body 30 allows for the flat head 46 to push the head of the push bar 31 to cause the retraction of the shutter 4 in opposition of the spring 5 until the passage for fluid flow is opened. It further discloses the third insert 40 is retracted in opposition to the spring 41 where the external flange 45 is engaged with the internal shoulder 49 which results in the opening of the interspace 60 for fluid passage). Regarding claim 16, the modified breathing apparatus of Lang has the first end (Azarias, 30b; Lang, Fig 13D, the connector piece 120 with the opening on the left side) comprises a threaded connector for securing to the mask (Lang, [0222] discloses that the connector portion 1370 and connector piece 120 can be a threaded attachable mechanism). Regarding claim 17, the modified breathing apparatus of Lang has the second end comprises a quick- disconnect connector for detachably securing to the component (Azarias, Page 2 discloses the quick acting male and female couplies are meant for coupling and decoupling where quick-action is meant to engage and disengage quickly; Fig 1, the male coupling/valve body 1 is the component; Lang, [0124] discloses that the connecting portion 1370 is able to activate the valve 1380 by the connection of the tube 1100 which is maintained in the modified device). Regarding claim 18, the modified breathing apparatus of Lang has the component comprises one of a filter adapter or a hose (Azarias, Page 7 discloses that the valve body 1 is connected to an external element and the modular body 30 is connected to the valve body 1. The valve body acting as the component can be connected to a tube or hose as an external element. Page 5 discloses that the engagement of the modular body 30; Lang, Fig 13D, the valve mechanism 1380 is connected to a tube 1100 which is a hose that is used to carry liquids or gases. The modified device can be connected to an external element like the tube 1100 of Lang). Regarding claim 20, the modified breathing apparatus of Lang has a perimeter seal coupled to the shuttle and engaging an interior surface of the housing (Azarias, Fig 2, the internal flange 49 can be the perimeter seal; Page 5 discloses that the internal flange is pushed into the external flange 45 to close the apex of the third insert 40). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lang, in view of Azarias et al, as applied to claim 8 above, and further in view of Townsend et al (GB 2575071; see accompanying translation/document). Regarding claim 19, the modified breathing apparatus of Lang has the breathing apparatus system of claim 8 as discusses above. The modified apparatus of Lang also includes the first and second seal. The modified breathing apparatus of Lang does not explicitly have an O-ring type seal. However, Townsend teaches a similar valve for flow regulation that includes an O-ring type seal (Townsend, Fig 2, the O-ring seal 130) which is moveable with a sliding motion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified breathing apparatus of Lang to include the O-ring type seal for the first and second seals, as taught by Townsend. The O-ring seals can be used where the current first and second seals are (Azarias, Fig 2, external flange 45; Lang, Fig 13D, the gasket(s) 1375). The second seal can be modified to have a little space to accommodate the O-ring seals to further secure the closure. Use of the O-ring seals can help prevent leakage of fluid. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Chaffardon et al (US 6029701), Nikolayev et al (US 2005/0000568), Le Quere (FR 3084133 A1) are all valves with quick-type connections and have moveable components Foss (US 2004/0089302), Bricard et al (US 2020/0147417), and Liu (CN 215741180) are all breathing apparatuses with a mask and a valve system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIE H. BISHOP whose telephone number is (571)270-1093. The examiner can normally be reached Mon-Thurs: 7:15am-4:15pm; Friday: 7:15-3:15pm. 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, Timothy Stanis can be reached at (571) 272-5139. 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. /JAMIE H. BISHOP/Examiner, Art Unit 3785 /TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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Prosecution Timeline

Jun 05, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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1-2
Expected OA Rounds
Grant Probability
Low
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