Prosecution Insights
Last updated: May 29, 2026
Application No. 19/229,626

RESPIRATORY MASK WITH GOOD SEALING AND COMFORT

Non-Final OA §112
Filed
Jun 05, 2025
Priority
Nov 15, 2023 — continuation of 12/350,430
Examiner
WOODWARD, VALERIE LYNN
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Dcstar Inc.
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2y 5m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
636 granted / 893 resolved
+1.2% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
17 currently pending
Career history
926
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
77.9%
+37.9% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
10.8%
-29.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 893 resolved cases

Office Action

§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 responsive to the amendment filed on January 7, 2026. As directed by the amendment: claims 1, 5, 9, 13, and 15 have been amended, no claims have been canceled, and no new claims have been added. Thus, claims 1-18 are presently pending in the application. Claim Objections Claim 6 objected to because of the following informality: the end of claim 6 is missing a period. 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. Claims 1-18 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 1 recites the limitation "the rigid component" in lines 13-14. There is insufficient antecedent basis for this limitation in the claim. It is noted that “the rigid component” is recited several times throughout claim 1 as well as dependent claim 2, even though applicant has deleted the antecedent basis for a rigid component at claim 1, line 6. Claim 1 recites the limitation "the joint part" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the face" in line 18. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites “[[and” in line 17 with no close to the open brackets. Thus, it is not expressly clear if the deletion ends after “and” or if it continues further into the claim. Claim 5 recites the limitation "the rigid component" in lines 13-14. There is insufficient antecedent basis for this limitation in the claim. It is noted that “the rigid component” is recited several times throughout claim 5, even though applicant has deleted the antecedent basis for a rigid component at claim 5, line 6. Claim 5 recites the limitation "the joint part" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claim 5 recites the limitation "the face" in line 18. There is insufficient antecedent basis for this limitation in the claim. Claim 9 recites the limitation "the rigid component" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is noted that “the rigid component” is recited several times throughout claim 9, even though applicant has deleted the antecedent basis for a rigid component at claim 9, line 6. Claim 9 recites the limitation "the face" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. Claim 9 recites the limitation " the joint part " in line 17. There is insufficient antecedent basis for this limitation in the claim. Claim 13 recites the limitation "the rigid component" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is noted that “the rigid component” is recited several times throughout claim 1 as well as dependent claim 2, even though applicant has deleted the antecedent basis for a rigid component at claim 1, line 6. Claim 13 recites the limitation "the face" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. Claim 13 recites the limitation “the joint part" in line 17. There is insufficient antecedent basis for this limitation in the claim. Claims 2-4, 6-8, 10-12, and 14-18 are rejected based on their dependency to rejected claims. Allowable Subject Matter Claims 1-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant’s arguments with respect to claims 1-18 have been considered but are moot because the new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached Monday - Friday 8:30 am - 4:30 pm. 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, KENDRA CARTER can be reached at (571)272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Jun 05, 2025
Application Filed
Jul 18, 2025
Non-Final Rejection mailed — §112
Oct 20, 2025
Response Filed
Nov 07, 2025
Final Rejection mailed — §112
Jan 07, 2026
Response after Non-Final Action
Feb 05, 2026
Request for Continued Examination
Feb 20, 2026
Response after Non-Final Action
Feb 25, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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Patent 12599740
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Patent 12582787
MASK OUTER FRAME UNIT, MASK UNIT, BAND-INCLUDING MASK UNIT AND MASK OUTER FRAME
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3y 10m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
98%
With Interview (+27.1%)
3y 4m (~2y 5m remaining)
Median Time to Grant
High
PTA Risk
Based on 893 resolved cases by this examiner. Grant probability derived from career allowance rate.

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