DETAILED ACTION
This Office Action is in response to the election/restriction response, filed on January 21, 2026. Primary Examiner acknowledges Claims 1-20 are pending in this application, with Claims 6-10 having been elected without traverse by restriction for examination, and Claims 1-5 and 11-20 having been withdrawn from consideration by the Primary Examiner below.
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 .
Election/Restrictions
Applicant’s election without traverse of Species B, Claims 6-10, in the reply filed on January 21, 2026, is acknowledged.
Claims 1-5 and 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 21, 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “3” has been used to designate “elastic part” and “adhesive layer” (Page 17, Lines 20-25). Appropriate correction is required.
Reference character “41” has been used to designate “first surface” and “outer surface” (Page 23, Lines 1-5). Appropriate correction is required.
Reference characters “3” (Page 17, Lines 20-25) and “5” have been used to designate “adhesive layer”. Appropriate correction is required.
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.
Specification
The disclosure is objected to because of the following informalities:
Reference character “3” has been used to designate “elastic part” and “adhesive layer” (Page 17, Lines 20-25). Appropriate correction is required.
Reference character “41” has been used to designate “first surface” and “outer surface” (Page 23, Lines 1-5). Appropriate correction is required.
Reference characters “3” (Page 17, Lines 20-25) and “5” have been used to designate “adhesive layer”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(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 6-9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Curran et al. (2006/0107431).
As to Claim 6, Curran discloses a patient interface cushion (Figures 5 and 6) with a fabric part (18, “This may be accomplished, for example, by sewing the knitted sealing member 18 to the frame member 16 at location 24. … Further, the knitted fabric 18 preferably has elastic qualities and is applied to the frame member in a stretched or extended condition.” Para 0050), for delivering pressurized breathing gas (via 75, best seen Figure 6, “As shown in FIG. 6, the air may be channeled into the interior gas space via an air duct 74 that is in fluid communication with the powered air supply source. The duct 74 has an inlet port 75 and an outlet port 77. … The air duct 74 has an air inlet 75 and an air outlet 77 and is supported by the crown member 68. The inlet 75 is connected to the clean air source, and the outlet 77 is disposed between the sealing member 18 and the wearer's forehead (not shown). ” Para 0055) to a user’s airways, the patient interface cushion (Figures 5 and 6) with fabric part (18) comprising: a rigid part (14, “FIG. 5 illustrates how the face seal 12 can be secured to a visor 14. … The frame member 16 thus may be flexible or conformable to allow for its frictional placement within the more rigid visor 14.” Para 0052) configured to provide support to an elastic part (16, best seen Figures 1 and 3-6, “FIG. 1 illustrates a face seal 12 that includes a frame member 16 and a sealing member 18.” Para 0042), one end (top region above 69) of the rigid part (14) having a first opening (via 77, best seen Figure 6, “As shown in FIG. 6, the air may be channeled into the interior gas space via an air duct 74 that is in fluid communication with the powered air supply source. The duct 74 has an inlet port 75 and an outlet port 77. … The air duct 74 has an air inlet 75 and an air outlet 77 and is supported by the crown member 68. The inlet 75 is connected to the clean air source, and the outlet 77 is disposed between the sealing member 18 and the wearer's forehead (not shown). ” Para 0055) configured to receive breathing gas from a continuous positive airway pressure device (“powered air supply source” Para 0055), and another end (bottom region below 69) having a second opening (defined by the area which receives chin portion 72 of 12 into 14, Para 0054) that communicates with an inner cavity (via 72 of 12) of the elastic part (16); the elastic part (16) configured to connect (“The frame member 16 has first and second receptacles 44 and 46, respectively, that are fashioned to reside against the spacer elements 48 and 50 at temporal locations 60 and 62. Once the frame member 16 is placed within the visor 14 such that receptacles 44 and 46 are juxtaposed against the hinge assembly at locations 60 and 62, the frame assembly 16 may be rotated counterclockwise until the front portion 64 of frame member 16 engages a third engagement point or shelf 66 on visor 14.” Para 0052) with a rigid part (14) and provide attachment surface (defined by the interior of 16 abutting 18) for the fabric part (18), and having a third opening (19 as bounded by 26 via the anterior portion of 16, “FIG. 1 further shows that the sealing member 18 extends radially inward from the frame member 16 and has an opening 19 to accommodate a person's face. The opening 19 may be defined by the peripheral edge 26, which edge 26 is preferably elastically stretchable and is preferably sized to be smaller than the typical wearer's face to enable the face seal to fit snugly against the various sized faces.” Para 0043; also see: “The remainder of the periphery 26 of the sealing member 18 draws tightly against the wearer's forehead and cheek regions.” Para 0054) adjacent to the rigid part (14) that communicates with the second opening (defined by the area which receives chin portion 72 of 12 into 14), and a fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18, “FIG. 1 further shows that the sealing member 18 extends radially inward from the frame member 16 and has an opening 19 to accommodate a person's face. The opening 19 may be defined by the peripheral edge 26, which edge 26 is preferably elastically stretchable and is preferably sized to be smaller than the typical wearer's face to enable the face seal to fit snugly against the various sized faces.” Para 0043; also see: “The remainder of the periphery 26 of the sealing member 18 draws tightly against the wearer's forehead and cheek regions.” Para 0054) away from the rigid part (14); the fabric part (18) having a first surface (anterior of 18 which abuts posterior of 16) adjacent to an outer surface (anterior portion of 16) of the elastic part (16), a second surface (posterior of 18 which abuts the face of the user) away from the elastic part (16) to seal a portion of the face of the user, an inner edge (via 26 of 18) adjacent to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) and an outer edge (18 proximate 24, as best seen in Figure 4) away from the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18); and an adhesive layer (“the knitted fabric also may be secured to the frame member 16 using other mechanical or physical methods such as riveting, screwing, adhesive bonding, and the like.” (Para 0050) positioned between the outer surface (anterior portion of 16) of the elastic part (16) and the first surface (anterior of 18 which abuts posterior of 16) of the fabric part (18); wherein at least portion of the inner edge (via 26 of 18) of the fabric part (18) is less than or equal to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) of the elastic part (16); and wherein the fabric part (18) has a degree of elasticity (“The knitted fabric preferably possesses elastic properties so that it can be stretched to tightly or snugly fit against a person's face. The stretchable properties allow the knitted fabric to make adequate contact with a person's face when the supplied air helmet is worn by the user and the visor 14 (FIG. 4) is pulled down in front of the wearer's face. These properties also enable the face seal to return to its original configuration when the helmet is not being worn. The elasticity of the face seal is preferably provided by including an elastic yarn in the face seal knit rather than sewing or otherwise securing a strip of elastic material to the face seal at, or in the vicinity of, the inner peripheral edge 26.” Para 0043) and adapted to a curvature change of the elastic part (16) when subjected to pressure (securement to the face of the user), and distances of displacement (“Knitted fabrics also generally can be stretched in both major dimensions of the predominantly two-dimensional structure. Knitted fabrics thus tend to be more malleable or conformable, which makes the face seal fit more snugly and comfortably to a wearer's face.” Para 0044) at different points (“The sheet 80 may have a uniform knit throughout, but it preferably includes zones that have different degrees of elasticity. Zones 86 and 88 are located above and below the dashed lines 87 and 89, respectively, and preferably have little or no elastic material or yarn in the knit. Zone 90, has relatively more elastic material in it than zones 86 and 88. Using a knitted material that has variable zones of elasticity can be beneficial to the final product's construction as discussed above with the reference to FIGS. 1 and 2.” Para 0056 on the second surface (posterior of 18 which abuts the face of the user) of the fabric part (18) vary when a same level of pressure (securement to the face of the user) is applied to different points on the fabric part (18) in an X-axis direction.
With respect to the limitation of “less than or equal to”, Curran appears to disclose the shape of the an inner edge (via 26 of 18) of the fabric part (18) being less than (smaller than as seen in Figure 4) to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) of the elastic part (16). Thus, Curran appears to meet the limitations of the claims.
As to Claim 7, Curran discloses a side wall (42/44, best seen Figure 5, “The side portions 38 and 40 are pushed inward or towards each other so that they can be squeezed between respective first and second visor side portions 42 and 44.” Para 0052) of the rigid part (14) is continuous and uniform.
As to Claim 8, Curran discloses the wall thickness of the elastic part (16) is a single layer (best seen Figure 4).
As to Claim 9, Curran discloses the material of the fabric part (18) is one or more of cotton fiber (“An example of a comfort yarn that may be used in the inventive face seal is cotton.” Para 0045; “The fabric further can be essentially any color and can be made from dyed polymeric materials such as polyester, modified acrylic, or a mixture or blend of these polymeric materials with dyed natural yarns such as cotton.” Para 0046; “Alternatively, the knitted material may comprise approximately to 20% elastic yarn, 45 to 55% Kanecaron.TM. yarn, and approximately 40 to 60% cotton yarn based on weight. Alternatively, flame-retardant and comfort fibers could be combined or a comfortable flame-retardant yarn could be used to provide flame-retardant yarn that is comfortable. For example, Kanecaron.TM. threads could be combined with cotton threads to form a flame-retardant/comfort yarn.” Para 0047; “The combined flame-retardant/comfort yarn contained Kanecaron.TM. fiber, Protex-M, and cotton fiber. Relative to each other, the Kanecaron.TM. fiber was used at 55 weight %, and the cotton fiber was used at 45 weight %. The elastomeric yarn was 200 decitex and contained an elastane, LycraTm, and crimped nylon at 62 wt. % and 38 wt. %, respectively. These two yarns functioned as the primary structural element in the knitted blank. The combined flame-retardant/cotton yarn and the elastic yarn were both dyed blue.” Para 0065; and “Area 1 was a stiffer knit that had an extra yarn end and was designed to allow clean air to be exhausted from the headtop. It contained three ends of the Kanecaron.TM./cotton yarn, had 24 cycles and 48 rows.” Para 0066); polyester fiber (“Examples of flame-retardant yarns may include oxidized thermally stabilized polycarylonitriles, flame-retardant polyester modified acrylics, and some nylons. … Other suitable comfort yarns may include polyester, acrylic, rayon, and wool.” Para 0045; and “The fabric further can be essentially any color and can be made from dyed polymeric materials such as polyester, modified acrylic, or a mixture or blend of these polymeric materials with dyed natural yarns such as cotton.” Para 0046); elastic fiber (“Alternatively, the knitted material may comprise approximately to 20% elastic yarn, 45 to 55% Kanecaron.TM. yarn, and approximately 40 to 60% cotton yarn based on weight. … An elastic yarn could be knitted with such a combination yarn to provide a stretchably resilient fabric that is both comfortable and flame retardant.” Para 0047; “There typically is more elastic yarn in the more permeable zone 22 than in the zone 20.” Para 0048; “An elastic yarn may be included in the knit to render the fabric itself resiliently stretchable throughout a substantial portion thereof, particularly in the region where the face seal contacts the wearer's face. … Use of an elastic yarn integral to the knot, eliminates a "ruffled effect" that may occur along the edge where the face seal contacts the wearer's face.” Para 0050; “Preferably zones 86 and 88 contain about to 5% elastic yarn, more preferably about to 1%, and zone 90 contains about 2 to 10% elastic yarn, more preferably about 3 to 7%, based on the fabric weight.” Para 0056; “The blank was made from three yarns: a combined flame-retardant/comfort yarn, an elastic yarn, and a water soluble yarn. … The combined flame-retardant/cotton yarn and the elastic yarn were both dyed blue. The flame-retardant/comfort yarn was waxed as well. Content of elastic yarn in the blank varied along the length of the blank with the highest amount of yarn in the centre of the blank, reducing to no elastic yarn at the top and bottom of the blank.” Para 0065; and “With a greater percentage of elastic yarn near the center of the blank, the side edges of the blank tapered or `waisted` as the edge was followed to the center of the blank.” Para 0067), nylon fiber (“Examples of flame-retardant yarns may include oxidized thermally stabilized polycarylonitriles, flame-retardant polyester modified acrylics, and some nylons.” Para 0045; and “The combined flame-retardant/comfort yarn contained Kanecaron.TM. fiber, Protex-M, and cotton fiber. Relative to each other, the Kanecaron.TM. fiber was used at 55 weight %, and the cotton fiber was used at 45 weight %. The elastomeric yarn was 200 decitex and contained an elastane, LycraTm, and crimped nylon at 62 wt. % and 38 wt. %, respectively.” Para 0065); acrylic fiber (“The elastic yarn may be made predominantly from a polymer such as polyurethane or may be, for example, a modified acrylic, a latex, or a combination thereof.”. … Examples of flame-retardant yarns may include oxidized thermally stabilized polycarylonitriles, flame-retardant polyester modified acrylics, and some nylons. … Other suitable comfort yarns may include polyester, acrylic, rayon, and wool.” Para 0045; “The fabric further can be essentially any color and can be made from dyed polymeric materials such as polyester, modified acrylic, or a mixture or blend of these polymeric materials with dyed natural yarns such as cotton.” Para 0046; “ The elastomer may be, for example, a modified acrylic, a latex, or a combination thereof.” Para 0047).
Claim Rejections - 35 USC § 103
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Curran et al. (2006/0107431) in view of Scheiner et al. (11,633,563 – a 371 national stage entry of PCT/IB2020/053347 having a PCT publication date of February 4, 2021).
As to Claim 10, Curran discloses the fabric part (18) is cut into an approximately annular outline (best seen Figure 9 – “The waisted segments 82 from FIG. 8 are each cut into the shape shown in FIG. 9. Each cut segment has opposing tabs 94 and 96.” Para 0059).
Yet, Curran does not expressly disclose the explicit methodology of manufacturing to include “using laser, die-cutting, or ultrasonic methods”.
Scheiner teaches an additional patient interface cushion constructed with a fabric part whereby the fabric part is manufactured through the act of cutting the textile material to a desired shape (“In accordance with an example of the disclosed technology, the sealing-forming structure may include a textile membrane comprising a textile material. The textile material may have an airtight membrane/film or layer coated or otherwise applied thereto to create an air-holding textile composite. The textile composite may be cut (e.g., die cut, ultrasonic, laser, or RF) to a desired shape and then attached to the support structure.” (Column 67, Lines 5-20).
Regarding the specific manner of manufacturing as required by the claims, Scheiner teaches each of the claimed methodologies of manufacturing were known functionally equivalent processes suitable for cutting a fabric structure into a desired shape (“The textile composite may be cut (e.g., die cut, ultrasonic, laser, or RF) to a desired shape and then attached to the support structure.” Column 67, Lines 5-20).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the manner of cutting of the fabric part of Curran into shape, to include the specific manner of manufacturing such “using laser, die-cutting, or ultrasonic methods”, as taught by Scheiner to be known functional equivalent processes suitable for cutting a fabric structure into a desired shape.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Rambosek et al. (3,915,165) in view of Curran et al. (2006/0107431).
As to Claim 6, Rambosek discloses a patient interface cushion (Figures 1 and 2) with a fabric part (46, “Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes. It has been found that rubberized or coated nylon tent fabric works well for this purpose as well as polyethylene.” Column 4, Lines 50-65), for delivering pressurized breathing gas (via 26, “Tube 22 connects the IPPB unit 20 with regulator 24 which regulates the pressure of the gas released from a source of compressed air such as an air or oxygen cylinder 26.” Column 4, Lines 1-20) to a user’s airways, the patient interface cushion (Figures 1 and 2) with the fabric part (46) comprising: a rigid part (36, “In FIG. 2, mask 30 is comprised of a nose cap 36 formed from a high impact moldable plastic such as a polyolefin or ABS (acrylonitrile-butadiene-styrene). The function of the rigid nose cap is to prevent the end of the mask from collapsing around the animal's nostrils and thereby preventing the flow of air to the animal.” Column 4, Lines 15-35) configured to provide support to an elastic part (42 via 40, “Fitted snuggly within the nose cap 36 is a nose frame 40 comprising a generally circular band 42 and a pair of arcuate bands 44 secured thereto.” Column 4, Lines 30-55), one end (anterior of 36, proximate 38) of the rigid part (36) having a first opening (38, “Nose cap 36 contains an opening 38 which is fitted with an attachment for the breathing tube 28.” Column 4, Lines 30-55) configured to receive breathing gas from a continuous positive airway pressure device (“a source of compressed air such as an air or oxygen cylinder 26.” Column 4, Lines 1-20), and another end (posterior of 36, proximate 42) having a second opening (defined by the abutment of 36 at 42) that communicates with an inner cavity of the elastic part (42 via 40); the elastic part (42 via 40) configured to connect with the rigid part (36) and provide an attachment surface (abutment of 46 between 36 and 42 as best seen in Figure 2) for the fabric part (46), and having a third opening (defined by the anterior 42 as abutting 36) adjacent to the rigid part (36) that communicates with the second opening (defined by the abutment of 36 at 42), and a fourth opening (defined by the posterior of 42 abutting 36) away from the rigid part (36); the fabric part (46) having a first surface (defined by the interior of 46 as abutting 42 and 36) adjacent to an outer surface (defined by the exterior of 42 as abutting 46) of the elastic part (42 via 40), a second surface (defined by the interior of 46 proximate 48) away from the elastic part (42 via 40) to seal at least a portion of the face of the user, an inner edge (defined as the anterior of 46 abutting 42) adjacent to the fourth opening (defined by the posterior of 42 abutting 36), and an outer edge (defined as the region having 48) away from the fourth opening (defined by the posterior of 42 abutting 36); and an adhesive layer (“Snout section 46 can be sealed to nose cap 36 with a tent fabric seam sealer adhesive (available from Eureka Tent and Awning, Binghamton, New York).” Column 4, Lines 50-65) positioned between the outer surface (defined by the exterior of 42 as abutting 46) of the elastic part (42 via 40) and the first surface (defined by the interior of 46 as abutting 42 and 36) of the fabric part (46), that connects the elastic part (42 via 40) and the fabric part (46); wherein at least a portion of the an inner edge (defined as the anterior of 46 abutting 42) is less than or equal to the fourth opening (defined by the posterior of 42 abutting 36) of the elastic part (42 via 40).
With respect to the limitation of “less than or equal to”, Rambosek appears to disclose the shape of the an inner edge (defined as the anterior of 46 abutting 42) of the fabric part (46) being approximately equal (best seen Figure 3) to the fourth opening (defined by the posterior of 42 abutting 36) of the elastic part (42 via 40).
Yet, Rambosek does not expressly disclose “the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part” nor “wherein 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.”
Regarding the “less than or equal to” limitation, in light of the intention of the fabric part (46) to form “an airtight seal” (Column 4, Lines 50-65) to the rigid part (36) and the intention of the elastic part (42 via 40) to be “fitted snuggly within” the rigid part (36) and “insure…ample clearance is provided for the free flow off air to the animal’s nose” (Column 4, Lines 30-55), it would have been obvious to one having ordinary skill in the art to modify the construction of the inner edge of the fabric part to be less than or equal to the fourth opening of the elastic part, in order to ensure uniformity of gas flowing to the user from the rigid part through the elastic part and to the fabric part as sealed on the face of the user, since it has been held where the general conditions in a claim are disclosed in the prior art discovering the optimum or workable ranges involves only routine skill in the art.
Moreover, Applicant has not asserted the specific “less than or equal to” limitation provides a particular advantage, solves a stated problem, or serves a particular purpose different from that of ensuring the uniformity of airflow from the rigid part through the elastic part and to the fabric part as sealed on the face of the user; thus, the use of the specific dimensions appears to lack criticality in its design.
The specific dimension of “less than or equal to” would have been obvious to try choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, whereby success would be defined by the ability to ensure the uniformity of airflow from the rigid part through the elastic part and to the fabric part as sealed on the face of the user.
Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified Rambosek, as the dimensions of “less than or equal to” would yield the predictable results of providing uniformity of airflow from the rigid part through the elastic part and to the fabric part as sealed on the face of the user.
Thus, the decision to modify the dimensions appears to be a known result effective variable to insure uniformity of airflow from the rigid part through the elastic part and to the fabric part as sealed on the face of the user.
Regarding the limitation of “wherein 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”, Curran teaches a patient interface cushion (Figures 5 and 6) with a fabric part (18, “This may be accomplished, for example, by sewing the knitted sealing member 18 to the frame member 16 at location 24. … Further, the knitted fabric 18 preferably has elastic qualities and is applied to the frame member in a stretched or extended condition.” Para 0050), for delivering pressurized breathing gas (via 75, best seen Figure 6, “As shown in FIG. 6, the air may be channeled into the interior gas space via an air duct 74 that is in fluid communication with the powered air supply source. The duct 74 has an inlet port 75 and an outlet port 77. … The air duct 74 has an air inlet 75 and an air outlet 77 and is supported by the crown member 68. The inlet 75 is connected to the clean air source, and the outlet 77 is disposed between the sealing member 18 and the wearer's forehead (not shown). ” Para 0055) to a user’s airways, the patient interface cushion (Figures 5 and 6) with fabric part (18) comprising: a rigid part (14, “FIG. 5 illustrates how the face seal 12 can be secured to a visor 14. … The frame member 16 thus may be flexible or conformable to allow for its frictional placement within the more rigid visor 14.” Para 0052) configured to provide support to an elastic part (16, best seen Figures 1 and 3-6, “FIG. 1 illustrates a face seal 12 that includes a frame member 16 and a sealing member 18.” Para 0042), one end (top region above 69) of the rigid part (14) having a first opening (via 77, best seen Figure 6, “As shown in FIG. 6, the air may be channeled into the interior gas space via an air duct 74 that is in fluid communication with the powered air supply source. The duct 74 has an inlet port 75 and an outlet port 77. … The air duct 74 has an air inlet 75 and an air outlet 77 and is supported by the crown member 68. The inlet 75 is connected to the clean air source, and the outlet 77 is disposed between the sealing member 18 and the wearer's forehead (not shown). ” Para 0055) configured to receive breathing gas from a continuous positive airway pressure device (“powered air supply source” Para 0055), and another end (bottom region below 69) having a second opening (defined by the area which receives chin portion 72 of 12 into 14, Para 0054) that communicates with an inner cavity (via 72 of 12) of the elastic part (16); the elastic part (16) configured to connect (“The frame member 16 has first and second receptacles 44 and 46, respectively, that are fashioned to reside against the spacer elements 48 and 50 at temporal locations 60 and 62. Once the frame member 16 is placed within the visor 14 such that receptacles 44 and 46 are juxtaposed against the hinge assembly at locations 60 and 62, the frame assembly 16 may be rotated counterclockwise until the front portion 64 of frame member 16 engages a third engagement point or shelf 66 on visor 14.” Para 0052) with a rigid part (14) and provide attachment surface (defined by the interior of 16 abutting 18) for the fabric part (18), and having a third opening (19 as bounded by 26 via the anterior portion of 16, “FIG. 1 further shows that the sealing member 18 extends radially inward from the frame member 16 and has an opening 19 to accommodate a person's face. The opening 19 may be defined by the peripheral edge 26, which edge 26 is preferably elastically stretchable and is preferably sized to be smaller than the typical wearer's face to enable the face seal to fit snugly against the various sized faces.” Para 0043; also see: “The remainder of the periphery 26 of the sealing member 18 draws tightly against the wearer's forehead and cheek regions.” Para 0054) adjacent to the rigid part (14) that communicates with the second opening (defined by the area which receives chin portion 72 of 12 into 14), and a fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18, “FIG. 1 further shows that the sealing member 18 extends radially inward from the frame member 16 and has an opening 19 to accommodate a person's face. The opening 19 may be defined by the peripheral edge 26, which edge 26 is preferably elastically stretchable and is preferably sized to be smaller than the typical wearer's face to enable the face seal to fit snugly against the various sized faces.” Para 0043; also see: “The remainder of the periphery 26 of the sealing member 18 draws tightly against the wearer's forehead and cheek regions.” Para 0054) away from the rigid part (14); the fabric part (18) having a first surface (anterior of 18 which abuts posterior of 16) adjacent to an outer surface (anterior portion of 16) of the elastic part (16), a second surface (posterior of 18 which abuts the face of the user) away from the elastic part (16) to seal a portion of the face of the user, an inner edge (via 26 of 18) adjacent to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) and an outer edge (18 proximate 24, as best seen in Figure 4) away from the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18); and an adhesive layer (“the knitted fabric also may be secured to the frame member 16 using other mechanical or physical methods such as riveting, screwing, adhesive bonding, and the like.” (Para 0050) positioned between the outer surface (anterior portion of 16) of the elastic part (16) and the first surface (anterior of 18 which abuts posterior of 16) of the fabric part (18); wherein at least portion of the inner edge (via 26 of 18) of the fabric part (18) is less than or equal to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) of the elastic part (16); and wherein the fabric part (18) has a degree of elasticity (“The knitted fabric preferably possesses elastic properties so that it can be stretched to tightly or snugly fit against a person's face. The stretchable properties allow the knitted fabric to make adequate contact with a person's face when the supplied air helmet is worn by the user and the visor 14 (FIG. 4) is pulled down in front of the wearer's face. These properties also enable the face seal to return to its original configuration when the helmet is not being worn. The elasticity of the face seal is preferably provided by including an elastic yarn in the face seal knit rather than sewing or otherwise securing a strip of elastic material to the face seal at, or in the vicinity of, the inner peripheral edge 26.” Para 0043) and adapted to a curvature change of the elastic part (16) when subjected to pressure (securement to the face of the user), and distances of displacement (“Knitted fabrics also generally can be stretched in both major dimensions of the predominantly two-dimensional structure. Knitted fabrics thus tend to be more malleable or conformable, which makes the face seal fit more snugly and comfortably to a wearer's face.” Para 0044) at different points (“The sheet 80 may have a uniform knit throughout, but it preferably includes zones that have different degrees of elasticity. Zones 86 and 88 are located above and below the dashed lines 87 and 89, respectively, and preferably have little or no elastic material or yarn in the knit. Zone 90, has relatively more elastic material in it than zones 86 and 88. Using a knitted material that has variable zones of elasticity can be beneficial to the final product's construction as discussed above with the reference to FIGS. 1 and 2.” Para 0056 on the second surface (posterior of 18 which abuts the face of the user) of the fabric part (18) vary when a same level of pressure (securement to the face of the user) is applied to different points on the fabric part (18) in an X-axis direction.
In light of the teachings of Curran, it appears both Rambosek and Curran consider nylon fiber to be known material suitable for the formation of a seal about the face of the user. Explicitly, Rambosek discloses the fabric part (46) is made of nylon (“Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes. It has been found that rubberized or coated nylon tent fabric works well for this purpose as well as polyethylene.” Column 4, Lines 50-65), whilst, Curran teaches nylon fiber (“Examples of flame-retardant yarns may include oxidized thermally stabilized polycarylonitriles, flame-retardant polyester modified acrylics, and some nylons.” Para 0045; and “The combined flame-retardant/comfort yarn contained Kanecaron.TM. fiber, Protex-M, and cotton fiber. Relative to each other, the Kanecaron.TM. fiber was used at 55 weight %, and the cotton fiber was used at 45 weight %. The elastomeric yarn was 200 decitex and contained an elastane, LycraTm, and crimped nylon at 62 wt. % and 38 wt. %, respectively.” Para 0065) was a known material suitable for construction of a fabric part of a patient interface cushion. As there is congruency in the material composition of the fabric to include nylon, Curran’s teachings to the variations of “degree of elasticity”, “curvature change”, and “displacement at different points” would have been obvious to try in order to assure conformity of the fabric part to “tightly or snugly fit against” the user’s face (Para 0043).
Thus, the claimed properties to the variations of “degree of elasticity”, “curvature change”, and “displacement at different points” as claimed are consistent with the known properties of nylon in a patient interface cushion in order to provide conformity of the fabric part to the face of the user.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the dimensions of the inner edge of the fabric part as compared to the fourth opening of the elastic part of Rambosek, a known result effective variable, in order to insure uniformity of airflow from the rigid part through the elastic part and to the fabric part as sealed on the face of the user, and to modify the material properties of the nylon of Rambosek, to include the claimed variations of “degree of elasticity”, “curvature change”, and “displacement at different points” as taught by Curran to provide conformity of the fabric part to the face of the user.
As to Claim 7, the modified Rambosek, specifically Rambosek discloses the side wall of the rigid part (36) as best seen in Figure 2, is continuous and uniform.
As to Claim 8, the modified Rambosek, specifically Rambosek discloses the wall thickness of the elastic part (42 via 40) is a single layer (as best seen in Figure 2).
As to Claim 9, the modified Rambosek, specifically Rambosek discloses the material of the fabric part (46) is nylon (“Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes. It has been found that rubberized or coated nylon tent fabric works well for this purpose as well as polyethylene.” Column 4, Lines 50-65).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Rambosek et al. (3,915,165) in view of Curran et al. (2006/0107431), as applied to Claim 6, and further in view of Scheiner et al. (11,633,563 – a 371 national stage entry of PCT/IB2020/053347 having a PCT publication date of February 4, 2021).
As to Claim 10, the modified Rambosek, specifically Rambosek discloses the material of the fabric part (46) is nylon (“Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes. It has been found that rubberized or coated nylon tent fabric works well for this purpose as well as polyethylene.” Column 4, Lines 50-65). Yet, provides no discussion of how the fabric part is constructed. Meanwhile, the modified Rambosek, specifically Curran teaches an alternative fabric part (18) is cut into an approximately annular outline (best seen Figure 9 – “The waisted segments 82 from FIG. 8 are each cut into the shape shown in FIG. 9. Each cut segment has opposing tabs 94 and 96.” Para 0059).
Yet, the modified Rambosek does not expressly disclose the explicit methodology of manufacturing to include “using laser, die-cutting, or ultrasonic methods”.
Scheiner teaches an additional patient interface cushion constructed with a fabric part whereby the fabric part is manufactured through the act of cutting the textile material to a desired shape (“In accordance with an example of the disclosed technology, the sealing-forming structure may include a textile membrane comprising a textile material. The textile material may have an airtight membrane/film or layer coated or otherwise applied thereto to create an air-holding textile composite. The textile composite may be cut (e.g., die cut, ultrasonic, laser, or RF) to a desired shape and then attached to the support structure.” (Column 67, Lines 5-20).
Regarding the specific manner of manufacturing as required by the claims, Scheiner teaches each of the claimed methodologies of manufacturing were known functionally equivalent processes suitable for cutting a fabric structure into a desired shape (“The textile composite may be cut (e.g., die cut, ultrasonic, laser, or RF) to a desired shape and then attached to the support structure.” Column 67, Lines 5-20).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the manner of cutting of the fabric part of the modified Rambosek into shape, to include the specific manner of manufacturing such “using laser, die-cutting, or ultrasonic methods”, as taught by Scheiner to be known functional equivalent processes suitable for cutting a fabric structure into a desired shape.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Baigent et al. (2017/0326320) in view of Curran et al. (2006/0107431).
As to Claim 6, Baigent discloses a patient interface cushion (Figures 21A-21C) with a fabric part (3109, “The seal forming structure 3100 may also include a cushion membrane layer 3109 that may be made from textile or foam and may be glued onto the silicone cushion 3108.” Para 0320; also see: “a textile membrane 3109. The textiles used maybe multi-directional elastic textiles.” Para 0345), for delivering pressurized breathing gas (via 4170, “The apparatus or device may comprise an RPT device 4000 for supplying pressurised air to the patient 1000 via an air circuit 4170 to a patient interface 3000.” Para 0284) to the user’s airways, the patient interface cushion (Figures 21A-21C) with the fabric part (3109) comprising: a rigid part (3103, “In these examples, the clip 3103 is formed from a rigid plastic material and a silicone cushion 3108 may be overmolded onto the clip 3103.” Para 0320) configured to support an elastic part (3108, “In these examples, the clip 3103 is formed from a rigid plastic material and a silicone cushion 3108 may be overmolded onto the clip 3103.” Para 0320), at least one end of the rigid part (3103) having a first opening (defined by the anterior of 3103 receiving air from 4170) configured to receive breathing gas from a continuous positive airway pressure device (“The apparatus or device may comprise an RPT device 4000 for supplying pressurised air to the patient 1000 via an air circuit 4170 to a patient interface 3000.” Para 0284), and an other end having a second opening (defined by the anterior of 3103 proximate 3108) that communicates with an inner cavity of the elastic part (3108); the elastic part (3108) configured to connect with the rigid part (3103) and provide an attachment surface (posterior of 3108) for the fabric part (3109), and having a third opening (defined by the anterior of 3108 proximate 3103) adjacent to the rigid part (3103) that communicates with the second opening (defined by the anterior of 3103 proximate 3108), and a fourth opening (posterior of 3108) away from the rigid part (3103); the fabric part (3109) having a first surface (anterior of 3109) adjacent to an outer surface (posterior of 3108) of the elastic part (3108), a second surface (posterior of 3109) away from the elastic part (3108) to seal at least a portion of the face of the user, an inner edge (defined by the interior of 3109) adjacent to the fourth opening (posterior of 3108), and an outer edge (defined by the exterior of 3109) away from the fourth opening (posterior of 3108); and an adhesive layer (“The seal forming structure 3100 may also include a cushion membrane layer 3109 that may be made from textile or foam and may be glued onto the silicone cushion 3108.” Para 0320) positioned between the outer surface (posterior of 3108) of the elastic part (3108) and the first surface (anterior of 3109) of the fabric part (3109); wherein at least a portion of the inner edge (defined by the interior of 3109) of the fabric part (3109) is less than or equal (appears to be equal as shown in Figure 21B) to the fourth opening (posterior of 3108) of the elastic part (3108).
Yet, Baigent does not expressly disclose “wherein 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.”
Regarding the limitation of “wherein 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”, Curran teaches a patient interface cushion (Figures 5 and 6) with a fabric part (18, “This may be accomplished, for example, by sewing the knitted sealing member 18 to the frame member 16 at location 24. … Further, the knitted fabric 18 preferably has elastic qualities and is applied to the frame member in a stretched or extended condition.” Para 0050), for delivering pressurized breathing gas (via 75, best seen Figure 6, “As shown in FIG. 6, the air may be channeled into the interior gas space via an air duct 74 that is in fluid communication with the powered air supply source. The duct 74 has an inlet port 75 and an outlet port 77. … The air duct 74 has an air inlet 75 and an air outlet 77 and is supported by the crown member 68. The inlet 75 is connected to the clean air source, and the outlet 77 is disposed between the sealing member 18 and the wearer's forehead (not shown). ” Para 0055) to a user’s airways, the patient interface cushion (Figures 5 and 6) with fabric part (18) comprising: a rigid part (14, “FIG. 5 illustrates how the face seal 12 can be secured to a visor 14. … The frame member 16 thus may be flexible or conformable to allow for its frictional placement within the more rigid visor 14.” Para 0052) configured to provide support to an elastic part (16, best seen Figures 1 and 3-6, “FIG. 1 illustrates a face seal 12 that includes a frame member 16 and a sealing member 18.” Para 0042), one end (top region above 69) of the rigid part (14) having a first opening (via 77, best seen Figure 6, “As shown in FIG. 6, the air may be channeled into the interior gas space via an air duct 74 that is in fluid communication with the powered air supply source. The duct 74 has an inlet port 75 and an outlet port 77. … The air duct 74 has an air inlet 75 and an air outlet 77 and is supported by the crown member 68. The inlet 75 is connected to the clean air source, and the outlet 77 is disposed between the sealing member 18 and the wearer's forehead (not shown). ” Para 0055) configured to receive breathing gas from a continuous positive airway pressure device (“powered air supply source” Para 0055), and another end (bottom region below 69) having a second opening (defined by the area which receives chin portion 72 of 12 into 14, Para 0054) that communicates with an inner cavity (via 72 of 12) of the elastic part (16); the elastic part (16) configured to connect (“The frame member 16 has first and second receptacles 44 and 46, respectively, that are fashioned to reside against the spacer elements 48 and 50 at temporal locations 60 and 62. Once the frame member 16 is placed within the visor 14 such that receptacles 44 and 46 are juxtaposed against the hinge assembly at locations 60 and 62, the frame assembly 16 may be rotated counterclockwise until the front portion 64 of frame member 16 engages a third engagement point or shelf 66 on visor 14.” Para 0052) with a rigid part (14) and provide attachment surface (defined by the interior of 16 abutting 18) for the fabric part (18), and having a third opening (19 as bounded by 26 via the anterior portion of 16, “FIG. 1 further shows that the sealing member 18 extends radially inward from the frame member 16 and has an opening 19 to accommodate a person's face. The opening 19 may be defined by the peripheral edge 26, which edge 26 is preferably elastically stretchable and is preferably sized to be smaller than the typical wearer's face to enable the face seal to fit snugly against the various sized faces.” Para 0043; also see: “The remainder of the periphery 26 of the sealing member 18 draws tightly against the wearer's forehead and cheek regions.” Para 0054) adjacent to the rigid part (14) that communicates with the second opening (defined by the area which receives chin portion 72 of 12 into 14), and a fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18, “FIG. 1 further shows that the sealing member 18 extends radially inward from the frame member 16 and has an opening 19 to accommodate a person's face. The opening 19 may be defined by the peripheral edge 26, which edge 26 is preferably elastically stretchable and is preferably sized to be smaller than the typical wearer's face to enable the face seal to fit snugly against the various sized faces.” Para 0043; also see: “The remainder of the periphery 26 of the sealing member 18 draws tightly against the wearer's forehead and cheek regions.” Para 0054) away from the rigid part (14); the fabric part (18) having a first surface (anterior of 18 which abuts posterior of 16) adjacent to an outer surface (anterior portion of 16) of the elastic part (16), a second surface (posterior of 18 which abuts the face of the user) away from the elastic part (16) to seal a portion of the face of the user, an inner edge (via 26 of 18) adjacent to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) and an outer edge (18 proximate 24, as best seen in Figure 4) away from the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18); and an adhesive layer (“the knitted fabric also may be secured to the frame member 16 using other mechanical or physical methods such as riveting, screwing, adhesive bonding, and the like.” (Para 0050) positioned between the outer surface (anterior portion of 16) of the elastic part (16) and the first surface (anterior of 18 which abuts posterior of 16) of the fabric part (18); wherein at least portion of the inner edge (via 26 of 18) of the fabric part (18) is less than or equal to the fourth opening (19 as bounded by 26 via the posterior portion of 16 which abuts 18) of the elastic part (16); and wherein the fabric part (18) has a degree of elasticity (“The knitted fabric preferably possesses elastic properties so that it can be stretched to tightly or snugly fit against a person's face. The stretchable properties allow the knitted fabric to make adequate contact with a person's face when the supplied air helmet is worn by the user and the visor 14 (FIG. 4) is pulled down in front of the wearer's face. These properties also enable the face seal to return to its original configuration when the helmet is not being worn. The elasticity of the face seal is preferably provided by including an elastic yarn in the face seal knit rather than sewing or otherwise securing a strip of elastic material to the face seal at, or in the vicinity of, the inner peripheral edge 26.” Para 0043) and adapted to a curvature change of the elastic part (16) when subjected to pressure (securement to the face of the user), and distances of displacement (“Knitted fabrics also generally can be stretched in both major dimensions of the predominantly two-dimensional structure. Knitted fabrics thus tend to be more malleable or conformable, which makes the face seal fit more snugly and comfortably to a wearer's face.” Para 0044) at different points (“The sheet 80 may have a uniform knit throughout, but it preferably includes zones that have different degrees of elasticity. Zones 86 and 88 are located above and below the dashed lines 87 and 89, respectively, and preferably have little or no elastic material or yarn in the knit. Zone 90, has relatively more elastic material in it than zones 86 and 88. Using a knitted material that has variable zones of elasticity can be beneficial to the final product's construction as discussed above with the reference to FIGS. 1 and 2.” Para 0056 on the second surface (posterior of 18 which abuts the face of the user) of the fabric part (18) vary when a same level of pressure (securement to the face of the user) is applied to different points on the fabric part (18) in an X-axis direction.
In light of the teachings of Curran, it appears both Baigent and Curran consider elastic fiber to be known material suitable for the formation of a seal about the face of the user. Explicitly, Baigent discloses fabric part (3109, “The seal forming structure 3100 may also include a cushion membrane layer 3109 that may be made from textile or foam and may be glued onto the silicone cushion 3108.” Para 0320; also see: “a textile membrane 3109. The textiles used maybe multi-directional elastic textiles.” Para 0345), whilst, Curran teaches elastic fiber (“Alternatively, the knitted material may comprise approximately to 20% elastic yarn, 45 to 55% Kanecaron.TM. yarn, and approximately 40 to 60% cotton yarn based on weight. … An elastic yarn could be knitted with such a combination yarn to provide a stretchably resilient fabric that is both comfortable and flame retardant.” Para 0047; “There typically is more elastic yarn in the more permeable zone 22 than in the zone 20.” Para 0048; “An elastic yarn may be included in the knit to render the fabric itself resiliently stretchable throughout a substantial portion thereof, particularly in the region where the face seal contacts the wearer's face. … Use of an elastic yarn integral to the knot, eliminates a "ruffled effect" that may occur along the edge where the face seal contacts the wearer's face.” Para 0050; “Preferably zones 86 and 88 contain about to 5% elastic yarn, more preferably about to 1%, and zone 90 contains about 2 to 10% elastic yarn, more preferably about 3 to 7%, based on the fabric weight.” Para 0056; “The blank was made from three yarns: a combined flame-retardant/comfort yarn, an elastic yarn, and a water soluble yarn. … The combined flame-retardant/cotton yarn and the elastic yarn were both dyed blue. The flame-retardant/comfort yarn was waxed as well. Content of elastic yarn in the blank varied along the length of the blank with the highest amount of yarn in the centre of the blank, reducing to no elastic yarn at the top and bottom of the blank.” Para 0065; and “With a greater percentage of elastic yarn near the center of the blank, the side edges of the blank tapered or `waisted` as the edge was followed to the center of the blank.” Para 0067). As there is congruency in the material composition of the fabric to include elastic fibers, Curran’s teachings to the variations of “degree of elasticity”, “curvature change”, and “displacement at different points” would have been obvious to try in order to assure conformity of the fabric part to “tightly or snugly fit against” the user’s face (Para 0043).
Thus, the claimed properties to the variations of “degree of elasticity”, “curvature change”, and “displacement at different points” as claimed are consistent with the known properties of nylon in a patient interface cushion in order to provide conformity of the fabric part to the face of the user.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the material properties of the elastic fibers of Baigent, to include the claimed variations of “degree of elasticity”, “curvature change”, and “displacement at different points” as taught by Curran to provide conformity of the fabric part to the face of the user.
As to Claim 7, the modified Baigent, specifically Baigent discloses the side wall (interior lumen of 3103, best seen Figure 21B) of the rigid part (3103) is continuous and uniform.
As to Claim 8, the modified Baigent, specifically Baigent discloses a wall thickness (best seen Figure 21B) of the elastic part (3108) is a single layer.
As to Claim 9, the modified Baigent, specifically Baigent discloses the use of elastic fiber as the material for the fabric part (3109, “The seal forming structure 3100 may also include a cushion membrane layer 3109 that may be made from textile or foam and may be glued onto the silicone cushion 3108.” Para 0320; also see: “a textile membrane 3109. The textiles used maybe multi-directional elastic textiles.” Para 0345).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Baigent et al. (2017/0326320) in view of Curran et al. (2006/0107431), as applied to Claim 6, and further in view of Scheiner et al. (11,633,563 – a 371 national stage entry of PCT/IB2020/053347 having a PCT publication date of February 4, 2021).
As to Claim 10, the modified Baigent, specifically Baigent discloses fabric part (3109, “The seal forming structure 3100 may also include a cushion membrane layer 3109 that may be made from textile or foam and may be glued onto the silicone cushion 3108.” Para 0320; also see: “a textile membrane 3109. The textiles used maybe multi-directional elastic textiles.” Para 0345) Yet, provides no discussion of how the fabric part is constructed. Meanwhile, the modified Baigent, specifically Curran teaches an alternative fabric part (18) is cut into an approximately annular outline (best seen Figure 9 – “The waisted segments 82 from FIG. 8 are each cut into the shape shown in FIG. 9. Each cut segment has opposing tabs 94 and 96.” Para 0059).
Yet, the modified Baigent does not expressly disclose the explicit methodology of manufacturing to include “using laser, die-cutting, or ultrasonic methods”.
Scheiner teaches an additional patient interface cushion constructed with a fabric part whereby the fabric part is manufactured through the act of cutting the textile material to a desired shape (“In accordance with an example of the disclosed technology, the sealing-forming structure may include a textile membrane comprising a textile material. The textile material may have an airtight membrane/film or layer coated or otherwise applied thereto to create an air-holding textile composite. The textile composite may be cut (e.g., die cut, ultrasonic, laser, or RF) to a desired shape and then attached to the support structure.” (Column 67, Lines 5-20).
Regarding the specific manner of manufacturing as required by the claims, Scheiner teaches each of the claimed methodologies of manufacturing were known functionally equivalent processes suitable for cutting a fabric structure into a desired shape (“The textile composite may be cut (e.g., die cut, ultrasonic, laser, or RF) to a desired shape and then attached to the support structure.” Column 67, Lines 5-20).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the manner of cutting of the fabric part of the modified Baigent into shape, to include the specific manner of manufacturing such “using laser, die-cutting, or ultrasonic methods”, as taught by Scheiner to be known functional equivalent processes suitable for cutting a fabric structure into a desired shape.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Luo et al. (12,186,485) shares a common assignee/inventor with the instant application, but at this time there does not appear to be a double patenting rejection applicable. Potential conflicting patent claim 6 discloses the features of the “wherein 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” but lacks the construction by which “the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part” as required by instant independent claim, Claim 6. Potential conflicting patent claims 11 and 15 lack both features of “wherein 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” and “the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part” as required by instant independent claim, Claim 6.
Luo et al. (2025/0161615) shares a common assignee/inventor with the instant application, but at this time there does not appear to be a double patenting rejection applicable. Potential conflicting patent claim 6 discloses the features of the “wherein 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” but lacks the construction by which “the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part” as required by instant independent claim, Claim 6. Potential conflicting patent claims 1 and 15 lack both features of “wherein 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” and “the inner edge of the fabric part is less than or equal to the fourth opening of the elastic part” as required by instant independent claim, Claim 6.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785