DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This Office Action is responding to applicant’s amendment filed on 3/13/2026. Claims 1-2, 5, 7, 9-11, 16, and 18-20 have been amended. Claim 14 has been cancelled. Claim 21 is newly added.
Response to Arguments
The objections to the specification, the claims, and the drawings have been withdrawn in view of applicant’s amendment and remarks.
The 112 rejections have been withdrawn in view of applicant’s amendment and remarks.
Applicant’s remarks regarding Witzig reference have been carefully considered and deemed not persuasive. In particular, Wigzig’s opposed arms (12) are non-parallel (see Figure 2) and due to adjustment in posterior-anterior direction, specifically, the anterior end of arms (12) migrate toward each other due to the arms (12) moving in anterior direction.
Claim Objections
Claim 2 is objected to because line 5 recites a screw of the adjustment means, such recitation (with emphasis added) deems confusing because a screw is an equivalence of claimed limitation adjustment means as defined by paragraph 0006-0007 in originally-filed specification. Applicant is invited to clarify what is meant by a screw of the adjustment means. 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.
Claims 1-2, 8-10, 15, 18-19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being Witzig (U.S. Patent No. 4,433,956).
Regarding independent claim 1, Figures 1-4 discloses applicant’s claimed
mandibular advancement device (10) including:
an intraoral portion (10) including a body portion (10), the body portion (10) including lower (vertical terminating posterior wall of segment 11) and upper plates (shelf 25 of segment 11), the lower plate (vertical terminating posterior wall of segment 11) being adapted to accommodate a pair of opposed arms (opposed pair of arms 12) that extend rearwardly and outwardly from the lower plate (vertical terminating posterior wall of segment 11) into an oral cavity when the device (10) is worn, each arm (12) including a posterior intraoral maxillary abutment surface (14a, 14b) , wherein the mandibular advancement device (10) further includes
an adjustment means (13) provided on each side of the lower plate (vertical terminating posterior wall of segment 11), the adjustment means (13) adapted to act upon a respective arm (12) to move the respective arm (12) towards its opposing arm (12), such that the respective arm's posterior intraoral maxillary abutment surface (14a, 14b) is moved to a new position, wherein each arm (12) is a maximum spread position (Figures 1-4 in Witzig discloses the posterior ends of arms 12 are at maximum gap therebetween when not acted on by the adjustment screw 13) with respect to the other when not acted on by the adjustment means (13).
Regarding claim 2, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10), comprising all features as recited, wherein each side of the lower plate (vertical terminating posterior wall of segment 11) of the device (10) includes a threaded hole (Figure 3 illustrates lower plate 12 received a threaded screw 15, such illustration implicitly discloses a threaded hole within the lower plate 11), adjacent a respective arm (12), so that the threaded hole extends from the respective arm towards an edge of the lower plate, and wherein each threaded hole is adapted to receive a screw (15) of the adjustment means (13) that is able to be screwed into the threaded hole, and when the screw has been sufficiently screwed into said threaded hole, an inner end of the screw contacts the respective arm whereupon further turning of the screw forces the respective arm to move towards the opposing arm so that the respective arm's posterior intraoral maxillary abutment surface is moved to the new position.
Regarding claim 8, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10), comprising all features as recited, wherein each arm (12) is integrally formed in lower/upper plate (anterior segment 11) and fabricated out of a suitable elastomeric material (column 3 lines 1-5, which is initially suitable elastomeric material then forming-cured acrylic).
Regarding claim 9, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10), comprising all features as recited, wherein each arm is naturally biased with respect to each other the other and each arm (12) rests at the maximum spread position when not acted on by the adjustment means (Witzig’s segments 12 is naturally biasedly related with each other without impacting by adjustment means 13).
Regarding claim 10, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10), comprising all features as recited, wherein each arm (12) of the device (10) is fabricated separately to either the upper/lower plate (segment 11), and either the upper/lower plate (segment 11) includes a respective post portion (17) for each arm (12) that is profiled to resist rotation around the post portion (17), and an anterior end of each arm includes a hole (arm 12 inherently includes a hole/bore) that has a complimentary shape with, and is adapted to receive, the post portion (17) within said hole, such that when the post portions (17) are received within said hole, each arm (12) naturally rests at the maximum spread position when not acted upon by the adjustment means (13).
Regarding claim 15, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10), comprising all features as recited, wherein either the upper or lower plate of the device includes a window (Figures 1-3 illustrates gap/recess in which adjustment means 13 is lodged, such gap/recess is interpreted to correspond to claimed limitation window), that is associated with measurement increment indicators (15), and said measurement increments indicators (15) indicate a current position of each arm as the arm (12) is forced to the a new position by the adjustment means (13).
Regarding independent claim 18, Figures 1-4 discloses applicant’s claimed
method of adjusting a mandibular advancement device (10), the mandibular advancement device (10) including an intraoral portion (10), wherein the intraoral portion (10) includes a body portion (10), the body portion including lower (vertical terminating posterior wall of segment 11) and (upper (shelf 25) plates, the lower plate (vertical terminating posterior wall of segment 11) being adapted to accommodate a pair of opposed arms (12) that extend rearwardly and outwardly from the lower plate (vertical terminating posterior wall of segment 11) into an oral cavity when the device (12) is worn, each arm including a posterior intraoral maxillary abutment surface (14a, 14b), wherein the mandibular advancement device (10) includes an adjustment means (13) provided on each side of the lower plate (vertical terminating posterior wall of segment 11), the adjustment means (13) adapted to act upon a respective arm (left 12) to move the respective arm (left 12) towards its opposing arm (right 12), so that the respective arm's (left 12) posterior intraoral maxillary abutment surface (14a) is moved to a new position, wherein each arm is at a maximum spread position (Figures 1-4 in Witzig discloses the posterior ends of arms 12 are at maximum gap therebetween when not acted on by the adjustment screw 13) with respect to the other when not acted on by the adjustment means (13), the method including the steps of:
a. selecting an appropriate device (10) from a selection of small, medium and large size devices; and
b. inserting the device into the wearer's mouth (Witzig is an intraoral device); and
c. determining the fit and comfort of the device by bracing each intraoral maxillary abutment surface (14a, 14b) against an extramaxillary anterior maxillary abutment surface (column 5 lines 12-29 describes a tool, such accessory having an extramaxillary anterior maxillary abutment surface); and
d. receiving feedback from the wearer on the fit and comfort; and
e. using an appropriate tool (column 5 lines 12-29) to engage the adjustment means to force each respective arm to change position and thereby causing each posterior intraoral maxillary abutment surface to change position to provide a custom fit that best suits the wearer's mandibular.
Regarding claim 19, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10), comprising all features as recited, wherein either the upper or lower plate of the device further includes a window (gap/recess between segments 11, 12 is interpreted to correspond to a window), that is associated with measurement increment indicators (15) , and said measurement increments indicators (15) indicate a current position of each arm (12) as the arm is forced to the new position under the influence of a screw (13), said method further including the step of using the window (gap/recess between segments 11, 12), and its associated measurement increment indicators (15) to take note of the most comfortable setting for the particular wearer.
Regarding claim 21, Witzig reference, presented above, discloses applicant’s claimed mandibular advancement device (10) wherein step e. comprises using the appropriate tool (column 5 lines 12-29) to insert into a threaded hole (Figure 3 illustrates lower plate 12 received a threaded screw 15, such illustration implicitly discloses a threaded hole within the lower plate 11) included on each side of the lower plate (11) of the device adjacent the respective arm, the threaded hole extending from the respective arm towards an edge of the lower plate (11), and thereby engaging a screw of the adjustment means (13) and turning it to force each respective arm to change position and thereby causing each posterior intraoral maxillary abutment surface to change position to provide a custom fit of the device for the wearer.
Allowable Subject Matter
Claims 3-7, 11-13, 16-17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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