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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/11/2026 has been entered.
Response to Amendment
This office action is in response to the amendment filed on 05/18/2026. As directed by the amendment, claims 1, 6, 11 and 16 have been amended. As such, claims 1, 3, 5, 16-18 and 20 are being examined in the instant application.
Response to Arguments
Applicant's arguments, see pages 9-12 of Remarks, filed 05/18/2026, have been fully considered but they are not persuasive. Applicant argues “Tian only generally teaches a tracheal foreign body suction device having a handle” and “There is no indication in Tian, however, of a grip portion formed from a flexible material and that the grip portion is configured to be deformable and has a diameter of the grip portion smaller than a diameter of the extendable tubular body, as recited in Claim 1.” The examiner disagrees. Tian teaches a grip portion (handle 21, see Fig. 1) and an extendable tubular body (suction cup 22, see Fig. 1). Tian further teaches a diameter of handle 21 is smaller than a diameter of suction cup 22 as seen in Fig. 1, wherein a diameter of handle 21 can be wherein reference number 21 is pointed towards and a diameter of the suction cup 22 is wherein reference number 223 is pointed towards. Hanson teaches a grip portion (handle 14, see Fig. 1) formed from a flexible material; wherein the grip portion is configured to be deformable (“…the handle 14 may also include pads or be coated in foam rubber or other suitable materials to help reduce hand fatigue and increase user comfort.” See [0031]; handle 14 includes pads or is to be coated in foam rubber and is therefore formed from a flexible material and deformable). Therefore, modified Tian teaches a grip portion formed from a flexible material and that the grip portion is configured to be deformable (taught by Hanson) and has a diameter of the grip portion smaller than a diameter of the extendable tubular body (taught by Tian).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 20250169855 to He in view of Hanson (US 20140213942 A1).
Claim 1 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 20250169855. Although the claims at issue are not identical, they are not patentably distinct from each other because He does not teach “the grip portion formed from a flexible material; wherein the grip portion is configured to be deformable.”
However, Hanson teaches a grip portion (handle 14, see Fig. 1) formed from a flexible material;
wherein the grip portion is configured to be deformable (“…the handle 14 may also include pads or be coated in foam rubber or other suitable materials to help reduce hand fatigue and increase user comfort.” See [0031]; handle 14 includes pads or is to be coated in foam rubber and is therefore formed from a flexible material and deformable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by He to have the grip portion include pads or be coated in foam rubber as taught by Hanson to help reduce hand fatigue and increase user comfort (see [0031]).
Claim 5 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 20250169855 in view of Hanson (US 20140213942 A1).
Claims 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-13 of U.S. Patent No. 20250169855 to He in view of Hanson (US 20140213942 A1).
Claim 16 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 of U.S. Patent No. 20250169855. Although the claims at issue are not identical, they are not patentably distinct from each other because He does not teach “a grip portion formed from a flexible material; wherein the first one-way valve and the second one-way valve are arranged in opposite flow directions; and wherein the grip portion is configured to be deformable.” With respect to “wherein the first one-way valve and the second one-way valve are arranged in opposite flow directions” He (claim 11) teaches the first one-way valve is configured to prevent a flow of air from the extendable tubular body into the face mask when the extendable tubular body is compressed and the second one-way valve allows the air to flow from the extendable tubular body to the external environment when the extendable tubular body is compressed and as such teaches the first one-way valve and the second one-way valve are arranged in opposite flow directions.
However, Hanson teaches a grip portion (handle 14, see Fig. 1) formed from a flexible material;
wherein the grip portion is configured to be deformable (“…the handle 14 may also include pads or be coated in foam rubber or other suitable materials to help reduce hand fatigue and increase user comfort.” See [0031]; handle 14 includes pads or is to be coated in foam rubber and is therefore formed from a flexible material and deformable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by He to have the grip portion include pads or be coated in foam rubber as taught by Hanson to help reduce hand fatigue and increase user comfort (see [0031]).
Claim 17 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 12 of U.S. Patent No. 20250169855 in view of Hanson (US 20140213942 A1).
Claim 18 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 13 of U.S. Patent No. 20250169855 in view of Hanson (US 20140213942 A1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 112932633 A) in view of He (US 11478575 B1) and Hanson (US 20140213942 A1).
Regarding claim 1, Tian teaches a respiratory obstruction removal device (“FIG. 1 is a structure schematic diagram of the invention trachea foreign matter absorbing device…” see page 3), comprising:
a face mask (breathing mask 1, see Fig. 1) and a negative pressure generating device (inhaler 2, see Fig. 1) that exerts negative pressure on the face mask (when the handle is pressed down on the cylindrical body of the suction cup 22, negative pressure is formed in the cylindrical body which is used to suck foreign matter in the human trachea out of the trachea as seen on page 3, last paragraph),
wherein the negative pressure generating device comprises:
a grip portion (handle 21, see Fig. 1);
an extendable tubular body (suction cup 22, see Fig. 1), comprising elastic material (suction cup 22 comprises of a cylindrical body made of a deformable elastic material (see page 3, paragraph 6 and page 4, paragraph 3), and consisting of a top (suction cup 22 has a top as seen in Fig. 1), bottom (suction cup 22 has a bottom as seen in Fig. 1), and a variable-volume cavity with a hollow structure in a middle of the extendable tubular body (suction cup 22 comprises a cylindrical body with a variable-volume cavity (in the middle of suction cup 22 as seen in Fig. 1) that can be squeezed towards the face to create negative pressure within the body by discharging the air through air outlet 224 as seen on page 3, last paragraph, and is hollow as seen in Fig. 2); and
an annular interface (chassis 221 and connecting pipe 222, see Figs. 2-3; Fig. 3 shows a schematic of the chassis 221 which includes connecting pipe 222 as seen on page 3, paragraphs 5-6), located at the bottom of the extendable tubular body (chassis 221 and connecting pipe 222 are located at the bottom of suction cup 22 as seen in Fig. 2), and having a face mask interface (connecting pipe 222, see Fig. 2) to connect with the face mask (connecting pipe 222 is to connect with vent pipe 11 of breathing mask 1 as seen in Figs. 1 and 2 and page 4, paragraph 4);
wherein the face mask comprises:
an upper part (vent pipe 11, see Fig. 2) configured to fit with the annular interface (vent pipe 11 is to connect with connecting pipe 222 of the chassis 221 as seen in Figs. 1 and 2 and page 4, paragraph 4),
a lower part (lower part, see Tian’s Annotated Fig. 1) fitted with medical silica gel to conform to a face of a patient (“…the outer edge of the breathing mask 1 is made of medical silica gel and the shape fits the face…” see page 4, first paragraph), and
a connecting body (connecting body, see Tian’s Annotated Fig. 1) linking the upper part and the lower part (the connecting body links the lower part with the vent pipe 11 as seen in Fig. 1);
the respiratory obstruction removal device further comprising:
a first one-way valve (air inlet one-way valve 226, see Fig. 3), situated within a channel that runs through the annular interface, the connecting body, and the extendable tubular body (air inlet one-way valve 226 is situated in an air channel which runs through a vertical axis through connecting pipe 222 of chassis 221, the connecting body, and suction cup 22 as seen in Figs. 2-3 and page 3, paragraph 6), wherein an inlet end of the first one-way valve is in fluid communication with the face mask, and an outlet end of the first one-way valve is in fluid communication with an interior of the extendable tubular body (Fig. 3 shows an arrow representing the air flow direction of air inlet one-way valve 226 (see page 3, paragraph 7), wherein an inlet end of the first one-way valve is in fluid communication with the face mask and the outlet end of the air inlet one-way valve 226 is in fluid communication with an interior of suction cup 22 as seen in Figs. 1-2), the first one-way valve being configured to prevent a flow of air from the extendable tubular body into the face mask when the extendable tubular body is compressed (when handle 21 is pushed and suction cup 22 is squeezed towards the face, air inlet one-way valve 226 is closed to prevent air from the suction cup 22 into breathing mask 1 and page 3, last paragraph), and to allow air from the face mask to flow into the extendable tubular body when the extendable tubular body expands (when handle 21 is pulled up to expand suction cup 22, air inlet one-way valve 226 is opened to allow airflow from breathing mask 1 to suction cup 22 as seen in Fig. 3 and page 3, last paragraph); and
a second one-way valve (air outlet one-way valve 225, see Fig. 3), situated in the annular interface (air outlet one-way valve 225 is situated in chassis 221 as seen in Fig. 2), wherein an outlet end is in communication with an external environment (an outlet end of the air outlet one-way valve 225 is in communication with an external environment as air is discharged from the valve as seen in Figs. 2-3 and page 3, last paragraph), and an inlet end is in communication with the extendable tubular body (an inlet end of the air outlet one-way valve 225 is in fluid communication with suction cup 22 as when the cylindrical body is squeezed, air is discharged from the valve as seen in Figs. 2-3 and page 3, last paragraph), the second one-way valve being configured to allow air to flow from the extendable tubular body to the external environment when the extendable tubular body is compressed (when handle 21 is pushed and suction cup 22 is squeezed towards the face, air outlet one-way valve 225 is opened to discharge air as seen on page 3, last paragraph), to close to prevent the air from exiting the extendable tubular body when the extendable tubular body expands, and to block external air from entering, to maintain a negative pressure environment within the extendable tubular body (when handle 21 is pulled up to expand suction cup 22, air outlet one-way valve 225 is closed to block air from entering to maintain a negative pressure environment to suck a foreign body from the trachea of the human body as seen in Fig. 3 and page 3, last paragraph);
wherein a diameter of the grip portion is smaller than a diameter of the extendable tubular body (a diameter of handle 21 is smaller than a diameter of suction cup 22 as seen in Fig. 1, wherein a diameter of handle 21 can be wherein reference number 21 is pointed towards and a diameter of the suction cup 22 is wherein reference number 223 is pointed towards)
But does not teach the grip portion formed from a flexible material;
the lower part fitted with a flexible annular cushion to conform to a face of a patient;
wherein the grip portion is configured to be deformable.
Tian’s Annotated Fig. 1
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However, He teaches a lower part (flexible annular pad 11, see Fig. 3) fitted with a flexible annular cushion to conform to a face of a patient (flexible annular pad 11 is on the lower part of face mask 1 and encircles a mouth of the choked patient and is closely attached to a face as seen in Figs. 1-3 and Col. 7, lines 64-67);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by Tian to replace the lower part with the flexible annular pad as taught by He as a known alternative material/structure on a mask used to conform to the face of a patient that will not affect the functionality of the device.
However, Hanson teaches a grip portion (handle 14, see Fig. 1) formed from a flexible material;
wherein the grip portion is configured to be deformable (“…the handle 14 may also include pads or be coated in foam rubber or other suitable materials to help reduce hand fatigue and increase user comfort.” See [0031]; handle 14 includes pads or is to be coated in foam rubber and is therefore formed from a flexible material and deformable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by Tian in view of He to have the grip portion include pads or be coated in foam rubber as taught by Hanson to help reduce hand fatigue and increase user comfort (see [0031]).
Regarding claim 5, modified Tian teaches the device of claim 1, and Tian further teaches wherein the second one-way valve is configured to be provided on a bottom of the annular interface (air outlet one-way valve 225 is provided on the bottom of chassis 221 as seen in Figs. 2-3).
Regarding claim 16, Tian teaches a respiratory obstruction removal device (“FIG. 1 is a structure schematic diagram of the invention trachea foreign matter absorbing device…” see page 3), comprising:
a face mask (breathing mask 1, see Fig. 1) and a negative pressure generating device (inhaler 2, see Fig. 1) that exerts negative pressure on the face mask (when the handle is pressed down on the cylindrical body of the suction cup 22, negative pressure is formed in the cylindrical body which is used to suck foreign matter in the human trachea out of the trachea as seen on page 3, last paragraph),
wherein the negative pressure generating device comprises:
a grip portion (handle 21, see Fig. 1);
an extendable tubular body (suction cup 22, see Fig. 1), comprising elastic material (suction cup 22 comprises of a cylindrical body made of a deformable elastic material (see page 3, paragraph 6 and page 4, paragraph 3), and consisting of a top (suction cup 22 has a top as seen in Fig. 1), bottom (suction cup 22 has a bottom as seen in Fig. 1), and a variable-volume cavity with a hollow structure in a middle of the extendable tubular body (suction cup 22 comprises a cylindrical body with a variable-volume cavity (in the middle of suction cup 22 as seen in Fig. 1) that can be squeezed towards the face to create negative pressure within the body by discharging the air through air outlet 224 as seen on page 3, last paragraph, and is hollow as seen in Fig. 2); and
an annular interface (chassis 221 and connecting pipe 222, see Figs. 2-3; Fig. 3 shows a schematic of the chassis 221 which includes connecting pipe 222 as seen on page 3, paragraphs 5-6), located at the bottom of the extendable tubular body (chassis 221 and connecting pipe 222 are located at the bottom of suction cup 22 as seen in Fig. 2), and having a face mask interface (connecting pipe 222, see Fig. 2) to connect with the face mask (connecting pipe 222 is to connect with vent pipe 11 of breathing mask 1 as seen in Figs. 1 and 2 and page 4, paragraph 4);
wherein the face mask comprises: an upper part (vent pipe 11, see Fig. 2) configured to fit with the annular interface (vent pipe 11 is to connect with connecting pipe 222 of the chassis 221 as seen in Figs. 1 and 2 and page 4, paragraph 4), a lower part (lower part, see Tian’s Annotated Fig. 1) fitted with medical silica gel to conform to a face of a patient (“…the outer edge of the breathing mask 1 is made of medical silica gel and the shape fits the face…” see page 4, first paragraph), and a connecting body (connecting body, see Tian’s Annotated Fig. 1) configured to connect the upper part and the lower part (the connecting body links the lower part with the vent pipe 11 as seen in Fig. 1);
the respiratory obstruction removal device further comprising:
a first one-way valve (air inlet one-way valve 226, see Fig. 3), situated in a channel that runs through the annular interface, the connecting body of the face mask, and the extendable tubular body (air inlet one-way valve 226 is situated in an air channel which runs through a vertical axis through connecting pipe 222 of chassis 221, the connecting body, and suction cup 22 as seen in Figs. 2-3 and page 3, paragraph 6), and being configured to connect the extendable tubular body with the face mask (air inlet one-way valve 226 fluidically connects suction cup 22 to vent pipe 11 of breathing mask 1 as seen in Fig. 2 and page 3, paragraphs 6 and 12), wherein an outlet end of the first one-way valve is configured to fluidly communicate with an interior of the extendable tubular body, and an inlet end of the first one-way valve is configured to be in fluid communication with the face mask (Fig. 3 shows an arrow representing the air flow direction of air inlet one-way valve 226 (see page 3, paragraph 7), wherein an inlet end of the first one-way valve is in fluid communication with the face mask and the outlet end of the air inlet one-way valve 226 is in fluid communication with an interior of suction cup 22 as seen in Figs. 1-2); and
a second one-way valve (air outlet one-way valve 225, see Fig. 3) situated on the negative pressure generating device (air outlet one-way valve 225 is on the bottom of chassis 221 of inhaler 2 as seen in Fig. 2), wherein an outlet end of the second one-way valve is configured to communicate with an external environment (an outlet of air outlet one-way valve 225 is in communication with an external environment as air is discharged from the valve as seen in Figs. 2-3 and page 3, last paragraph), and an inlet end of the second one-way valve is configured to communicate with the interior of the extendable tubular body (an inlet end of the air outlet one-way valve 225 is in fluid communication with the interior of suction cup 22 as when the cylindrical body is squeezed, air is discharged from the valve as seen in Figs. 2-3 and page 3, last paragraph);
wherein when the extendable tubular body is compressed, the first one-way valve closes to prevent gas in the extendable tubular body from entering the face mask, while the second one-way valve allows air to flow from the extendable tubular body to the external environment (when handle 21 is pushed and suction cup 22 is squeezed towards the face, air inlet one-way valve 226 is closed to prevent air from the suction cup 22 into breathing mask 1 and air outlet one-way valve 225 is opened to discharge air to the environment as seen on page 3, last paragraph);
wherein when the extendable tubular body expands, the first one-way valve opens, allowing the gas inside the face mask to flow into the extendable tubular body, and the second one-way valve closes to prevent the gas from flowing out of the extendable tubular body (when handle 21 is pulled up to expand suction cup 22, air inlet one-way valve 226 is opened to allow airflow from breathing mask 1 to suction cup 22 and air outlet one-way valve 225 is closed to block air from entering to maintain a negative pressure environment to suck a foreign body from the trachea of the human body as seen in Fig. 3 and page 3, last paragraph);
wherein the first one-way valve and the second one-way valve are arranged in opposite flow directions (air inlet-one way valve 226 and air outlet one-way valve 225 are arranged in opposite flow direction as air inlet-one-way valve 225 opens when air outlet one-way valve 225 closes and vice versa as seen on page 3, last paragraph)
wherein a diameter of the grip portion is smaller than a diameter of the extendable tubular body (a diameter of handle 21 is smaller than a diameter of suction cup 22 as seen in Fig. 1, wherein a diameter of handle 21 can be wherein reference number 21 is pointed towards and a diameter of the suction cup 22 is wherein reference number 223 is pointed towards)
But does not teach the grip portion formed from a flexible material;
the lower part fitted with a flexible annular cushion to conform to a face of a patient;
wherein the grip portion is configured to be deformable.
However, He teaches a lower part (flexible annular pad 11, see Fig. 3) fitted with a flexible annular cushion to conform to a face of a patient (flexible annular pad 11 is on the lower part of face mask 1 and encircles a mouth of the choked patient and is closely attached to a face as seen in Figs. 1-3 and Col. 7, lines 64-67);
the first one-way valve (first check valve 21, see Figs. 3-4) is situated on the upper part of the face mask (face mask 1, see Figs. 1-4) (He teaches face mask 1 to be hermetically connected to a first gas inlet end of first check valve 21 as seen in Col. 7, lines 51-53. Face mask 1 is provided with a connecting cylinder 12 which is inserted into central cylinder 26 from bottom to top when the face mask 1 and the connector 2 are combined as seen in Fig. 4 and Col. 7, lines 53-61. As such, the first check valve 21 is situated on the upper part of the face mask as seen in Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by Tian to replace the lower part with the flexible annular pad as taught by He as a known alternative material/structure on a mask used to conform to the face of a patient that will not affect the functionality of the device. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by Tian to have the upper part of the face mask be hermetically connected to the first one-way valve as taught by He as it is a known arrangement within the art that would not affect the functionality of the device as He teaches first check valve 21 to work similarly to the first one-way valve (see Col. 8, lines 6-28).
However, Hanson teaches a grip portion (handle 14, see Fig. 1) formed from a flexible material;
wherein the grip portion is configured to be deformable (“…the handle 14 may also include pads or be coated in foam rubber or other suitable materials to help reduce hand fatigue and increase user comfort.” See [0031]; handle 14 includes pads or is to be coated in foam rubber and is therefore formed from a flexible material and deformable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by Tian in view of He to have the grip portion include pads or be coated in foam rubber as taught by Hanson to help reduce hand fatigue and increase user comfort (see [0031]).
Regarding claim 20, modified Tian teaches the device of claim 16, and Tian further teaches wherein a cross-section of the extendable tubular body has a shape selected from the group consisting of a circular shape, a triangular shape, a polygonal shape, and an elliptical shape (Tian teaches the cross-section of suction cup 22 to be circular as seen in Fig. 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 112932633 A, machine translated on 06/05/2025) in view of He (US 11478575 B1) and Hanson (US 20140213942 A1), as applied to claim 1 above, and further in view of Lih (US 20150190158 A1).
Regarding claim 3, modified Tian teaches the device of claim 1, but does not teach wherein the negative pressure generating device comprises an annular interface with a uniform face mask interface, configured to accommodate any face mask among multiple sizes that have a same outer diameter for a hollow connecting tube.
However, Lih teaches wherein the negative pressure generating device (bellow assembly 102, see Fig. 1) comprises an annular interface (base 114, see Fig. 2) with a uniform face mask interface (opening 116, see Fig. 2), configured to accommodate any face mask among multiple sizes that have a same outer diameter for a hollow connecting tube (Bellow assembly 102 includes an opening 116 that is similar to the applicant’s annular interface 25 and is thus seen to accommodate any face mask size that has the same outer diameter in the same manner as the applicant’s device does. Furthermore, Lih teaches using different sized facemasks 110 to accommodate the choking victim and a choking intervention device with multiple face masks to be connected to the bellow assembly (see [0036]).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the face mask interface of the device by modified Tian to have a uniform opening size as taught by Lih to be able to use different facemasks to accommodate the chocking victim (see [0036]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 112932633 A, machine translated on 06/05/2025) in view of He (US 11478575 B1) and Hanson (US 20140213942 A1), as applied to claim 16 above, and further in view of Anderson (US 20110174309 A1).
Regarding claim 17, Tian in view of He teaches the device of claim 16, but does not teach wherein the face mask and the annular interface are connected by a frictional force.
However, Anderson teaches resuscitator mask 41 having a connection end 91 with a predetermined friction fit configuration for mating with the resuscitator connection end 84 as seen in Figs. 6-7 and 9 and [0047].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by modified Tian to modify the face mask and the annular interface to have a friction fit configuration for mating as taught by Anderson as an alternative connection mechanism known in the art to connect to a mask.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 112932633 A, machine translated on 06/05/2025) in view of He (US 11478575 B1) and Hanson (US 20140213942 A1), as applied to claim 16 above, and further in view of Worboys (US 20090065729 A1).
Regarding claim 18, modified Tian teaches the device of claim 16, but does not teach wherein the face mask and the annular interface are connected by a mechanism selected from the group consisting of an adhesive bond, welding, and a snap-fit connection.
However, Worboys teaches wherein the face mask and the annular interface are connected by a mechanism selected from the group consisting of an adhesive bond, welding, and a snap-fit connection (mask frame 30 of a mask assembly (taken as face mask) comprises a flanged collar member 35 which is connected to first portion 20 (taken as annular interface) in a snap-fit manner as seen in Fig. 1 and [0104]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by modified Tian to modify the face mask and the annular interface to have connect in a snap-fit manner as taught by Worboys as an alternative connection mechanism known in the art to connect to a mask.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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