DETAILED ACTION
This Office Action is in response to the request for continued examination, filed on September 16, 2026. Primary Examiner acknowledges Claims 6-10 and 20-34* are pending in this application, with Claim 6 having been currently amended, Claims 20-34* having been newly added, and Claims 1-5 and 11-19 having been cancelled.
Primary Examiner notes the former claim listing, filed on May 8, 2026, included Claims 1-20; yet, the current claim listing indicates both the cancellation of Claim 20, and the newly added Claims 20-34*. The number of the claims as filed in the current claim listing is incorrect and should include Claim 35. Appropriate correction is required.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 16, 2026, has been entered.
Election/Restrictions
Newly submitted claims 20-34* are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claims 20-24 are related products to the subject matter of Claims 6-10; however, the inventions of Claims 6-10 and 20-24 have a materially different design and are not obvious variants. In particular, Claims 6-10 require “an adhesive layer positioned between the outer surface of the elastic part and the first surface of the fabric part … wherein the fabric part has a degree of elasticity and adapts to a curvature change of the elastic part when subjected to pressure”; whilst, Claims 20-24 do not include the particulars of the adhesive layer nor the degree of elasticity which adapts a curvature change of the elastic part. In this configuration, it appears Claims 20-24 are broadening the scope of the originally filed claims. The resultant effect is inventions that have a materially different design which are not obvious variants.
Claims 25-28 are related products to the subject matter of Claims 6-10; however, the inventions of Claims 6-10 and Claims 25-28 have a materially different design and are not obvious variants. In particular, Claims 6-10 require the features of “an inner edge adjacent to the fourth opening, and an outer edge away from the fourth opening … the sealed area being limited to a region between the nasal bridge area and the lower lip area, and not extending beyond either the nasal bridge area or the lower lip area … that connects the elastic part and the fabric part; wherein at least a portion of the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part”; whilst, Claims 25-28 require “the fabric part forming a single-layer structure”. The resultant effect is inventions that have a materially different design which are not obvious variants.
Claims 29-34* are related products to the subject matter of Claims 6-10; however, the inventions of Claims 6-10 and 25-28 have a materially different design and are not obvious variants. In particular, Claims 6-10 require the features of “a fourth opening away from the rigid part … a second surface away from the elastic part to seal at least a portion of a face of the user, an inner edge adjacent to the fourth opening … the sealed area being limited to a region between the nasal bridge area and the lower lip area, and not extending beyond either the nasal bridge area or the lower lip area; … wherein at least a portion of the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part; and wherein the fabric part has a degree of elasticity and adapts to a curvature change of the elastic part when subjected to pressure”; whilst, Claims 29-34 require “the fabric part forming a single-layer structure”. The resultant effect is inventions that have a materially different design which are not obvious variants.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 20-34 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03. Thus, leaving only Claims 6-10 to be examined.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claim 20 has been renumbered claim 21.
Misnumbered claim 21 has been renumbered claim 22.
Misnumbered claim 22 has been renumbered claim 23.
Misnumbered claim 23 has been renumbered claim 24.
Misnumbered claim 24 has been renumbered claim 25.
Misnumbered claim 25 has been renumbered claim 26.
Misnumbered claim 26 has been renumbered claim 27.
Misnumbered claim 27 has been renumbered claim 28.
Misnumbered claim 28 has been renumbered claim 29.
Misnumbered claim 29 has been renumbered claim 30.
Misnumbered claim 30 has been renumbered claim 31.
Misnumbered claim 32 has been renumbered claim 33.
Misnumbered claim 33 has been renumbered claim 34.
Misnumbered claim 34* has been renumbered claim 35.
Allowable Subject Matter
Claims 6-10 are allowed over the prior art made of record.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art made of record does not disclose, teach, or fairly suggest the features of a patient interface having the structure and relationship of a rigid part, an elastic part, wherein the elastic part includes a fourth opening away from the rigid part, a fabric part, the fabric part and/or the elastic part is configured to form a sealed area extending from the user’ nasal bridge area to lower lip area, the sealed area being limited to a region between the nasal bridge area and the lower lip area and not extending beyond either the nasal bridge area or the lower lip area, an adhesive layer that connects the elastic part and the fabric part, and the configuration whereby the fabric part has a degree of elasticity and adapts to a curvature change of the elastic part when subjected to pressure, and distances of displacements at different points on the second surface of the fabric part vary when a same level of pressure is applied to different points on the fabric part in an X-axis direction.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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 D 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.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
