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 .
Information Disclosure Statement
The information disclosure statement filed 08/10/2022 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein pertaining to WO 2017/044621 has not been considered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification fails to provide proposer antecedent basis for the claimed subject matter of claims 3-7 and 12-16.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-7, 9, 15-16 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “fast” in claims 6 and 15 is a relative term which renders the claim indefinite. The term “fast” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, the limitation will be interpreted as –and dissipating the energy level completely--.
The term “minimal” in claims 9 and 18 is a relative term which renders the claim indefinite. The term “minimal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, the limitation will be interpreted as --allows a user to listen to the customizable audio signals--.
Claims 6-7 and 15-16 recites the limitation "the received teeth movement" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Further regarding these claims, they are indefinite as it is not clear how a movement can be received.
For the purposes of examination, the limitation will be interpreted as --responsive to detecting teeth movement--.
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(s) 1-4, 8-13, 17-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dworkin (US 6613001) in view of Shelly (US 2020/0197655).
Regarding claim 1, Dworkin discloses a method for transmitting customizable audio signals (In this connection, the patient signaling device, being piezo electric, may generate an audible signal or merely a vibration that the patient can feel, col. 11, lines 53-67; Regardless of which arrangement is used, the patient receives an audible signal whenever his or her jaw has been too long in an undesirable position, col. 9, lines 24-26; NOTE: as the audio signal is generated it is customized thus customizable) through teeth activated by teeth movement (The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 [FIG. 3A]. When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; col. 11, lines 42-67; Where the intraoral appliance 10 is used for the treatment of clenching, the circuitry 12 is configured so that when the mandibular and maxillary molars 22 and 24 are in contact, the reed switch 16 is closed. When the teeth 22 and 24 remain in contact for more than a predetermined length of time [in one embodiment any where from about one to about twenty seconds], a signal is generated which is audible or vibratory to the patient in whose mouth the appliance is installed, col 5, line 42 to col. 6 line 4; For patients who clench, the circuitry may sense a closed jaw, and when the jaw has been held closed too long, e.g., 3 or 5 seconds, a signal (be it audible or otherwise) is generated alerting the patient to relax his or her jaw muscles by opening the jaw, col. 3, lines 33-39; NOTE: clenching involves jaw movement and teeth move with the jaw thus the audio signals are transmitted through [via] teeth activated by teeth movement [clenching]) comprising: providing an intraoral apparatus 10 (intraoral apparatus 10, col. 5, lines 42-56) with a teeth movement detection element 16 (reed switch 16, col. 5, line 56 to col. 6, line 14) to detect teeth movement (The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 [FIG. 3]. When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time [this time being adjustable], power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; Where the intraoral appliance 10 is used for the treatment of clenching, the circuitry 12 is configured so that when the mandibular and maxillary molars are in contact, the reed switch 16 is closed, col. 5, line 56 to col. 6, line 14; The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 [FIG. 3A]. When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; The strength of the magnetic field surrounding the magnet 18 and its position relative to the reed switch 16 determines when the reed switch will close for treating clenching…., col. 12, lines, 31-40; NOTE: a closed switch indicates/detects clenching [teeth movement as described above] and alerts the user thus the switch which is used to transmit power to alert the user is a teeth movement detection element to detect teeth movement) that holds a state wherein the state is one of on and off (Where the intraoral appliance 10 is used for the treatment of clenching, the circuitry 12 is configured so that when the mandibular and maxillary molars 22 and 24 are in contact, the reed switch 16 is closed, col. 5, lines 57-60; When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, col. 6, lines 5-14; NOTE: an on state is where the reed switch conducts power to the circuit and an off state is where the reed switch does not conduct power to the circuit and where there is no clenching the off state is held), a power source 26 (battery 26, col. 6, lines 5-14), a control element 12, 30, 28 (circuit 12, oscillator 30, delay circuit 28, col. 6, lines 5-14; col. 11, lines 21-52); and responsive to detecting teeth movement by the teeth movement detection element when the state is off (The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 (FIG. 3A). When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; The strength of the magnetic field surrounding the magnet 18 and its position relative to the reed switch 16 determines when the reed switch will close for treating clenching…., col. 12, lines, 31-40; NOTE: the time delay circuit and oscillator are responsive to receiving pressure by the pressure switch when the state is off), transmitting the customizable audio signals (col. 6, lines 5-14).
Dworkin does not disclose an audio element, a bone conduction element; receiving by the audio element the customizable audio signals; and utilizing the charge to transmit the customizable audio signals through the bone conduction element for a period of time.
Shelly teaches an analogous method for transmitting customizable audio signals ([0035]; [0039]) activated by movement ([0030], [0039]), comprising: providing an analogous intraoral apparatus 13 (mandibular advancement mouthpiece 12 [0028]) with an analogous detection element 14 (posture sensor 14, [0030]; [0033]; [0034]) to detect movement ([0033]; [0034]), an analogous power source 28 (power supply 28, [0026]), an audio element ([Bluetooth module] sounds provided via wireless network (e.g., Bluetooth) connectivity and/or other audio playback, [0035]; NOTE: it is implied that there is a Bluetooth module as Bluetooth connectivity occurs and the Bluetooth module is an audio element; NOTE: per Applicant’s specification at [0025] the audio element 226 includes a Bluetooth module), an analogous control element 18 (controller 18, [0037]), and a bone conduction element ([0035]); receiving by the audio element the customizable audio signals (sounds provided via wireless network (e.g., Bluetooth) connectivity, [0035]; NOTE: the Bluetooth module [audio element] receives customizable audio signals); and responsive to detecting movement by the analogous movement detection element ([0030]) to transmit the customizable audio signals (In some embodiments, the information in the output signals from sensor 14 and/or 20 is used to control sensory stimulator 16 to provide sensory stimulation to user 12, [0034]; [0035]), through the bone conduction element for a period of time (As yet another example, sensory stimulator 16 may be configured to provide audio playback through the bone conduction. The audio playback may comprise white noise, calming sounds, music, a wake-up alarm, sounds provided via wireless network (e.g., Bluetooth) connectivity, and/or other audio playback, [0035]; NOTE: the sounds provided are for a period of time).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the method for transmitting customizable audio signals through teeth activated by teeth movement of Dworkin is a method comprising: providing an audio element and a bone conduction element; receiving by the audio element the customizable audio signals, as taught by Shelly, and to provide that the method for transmitting customizable audio signals through teeth activated by teeth movement of Dworkin that is responsive to detecting teeth movement by the teeth movement detection element when the state is off, transmitting the customizable audio signals is further comprising transmitting the customizable audio signals through the bone conduction element for a period of time, as taught by Shelly, in order to provide an improved method for transmitting customizable audio signals that facilitates prompting stimulating a user (Shelly, [0035]) and that facilitates providing a selection of sounds via a wireless network (Shelly, [0035]).
Regarding claim 2, Dworkin in view of Shelly discloses the invention as described above.
Shelly further teaches wherein the period of time is adjustable (As another example, the sensory stimulation provided by sensory stimulator 16 may be provided via audio tones using bone conduction [e.g., through the teeth of user 12]. The audio tones may have a volume, frequency, duration, inter tone interval, and/or other adjustable characteristics, for example, [0035]; NOTEL the duration of the audio tones is adjustable).
Regarding claim 3, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses building up an energy level in the control element when the state is on to regulate the power source used for transmitting of the customizable audio signals (When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; NOTE: the time delay circuit regulates the power used for transmitting of the customizable audio signals in that charge from the battery cannot pass to the oscillator without flowing through the time delay circuit; ALSO NOTE: the time delay circuit is part of the control element and it receives power from a battery thus building up an energy level in the control element when the state is on [when the reed switch is closed] to regulate the power source used for transmitting of the customizable audio signals).
Regarding claim 4, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses dissipating the energy level when regulating the power source (Voltage detector 116 is further connected to a time delay circuit 28, and after a predetermined length of time, power is then passed to an oscillator 30 and from the oscillator 30 to a one shot 126 and then to a signal generator 128, col. 11, lines 42-52; NOTE: as the power is passed from the time delay circuit to an oscillator the energy thus energy level is dissipated from the time delay circuit when regulating the power source with the time delay circuit); and preventing, automatically, the transmitting of the customizable audio signals when the energy level is fully dissipated (Voltage detector 116 is further connected to a time delay circuit 28, and after a predetermined length of time, power is then passed to an oscillator 30 and from the oscillator 30 to a one shot 126 and then to a signal generator 128. Voltage is then passed from the signal generator 128 to a piezoelectric transducer 32 to alert the patient that his or her bite forces exceed a predetermined amount. In the case where the reed switch 16 and the magnet 18 are present the circuit 200 can also monitor whether or not and for how long a patient is clenching in the manner described above with regard to circuit 12. The one shot 126 is, in one embodiment, a twenty (20) second one shot. Once the frequency generated by the oscillator 30 exceeds, for example, a predetermined level the one shot 126 is activated and moves into a second state which in turn activates the signal generator 128 so as to signal the patient that he or she is either clenching, exceeding a predetermined bite force, or both depending upon the signal generated by the signal generator 128. Once the one shot returns to its initial state, it ceases to signal to the patient. In this connection, the patient signaling device, being piezo electric, may generate an audible signal or merely a vibration that the patient can feel. Alternatively, any device which generates a recognizable sensation may be used, including a mild electric shock or a slight temperature change. The one shot 126 stays in this second state for 20 seconds (i.e., a twenty second one shot) irrespective of the input from the oscillator. After the 20 seconds has elapsed the one shot will return to its initial state so long as the frequency from the oscillator does not meet the criteria set for switching the one shot into its second state, col. 11, line 42 to col. 12, line 6; NOTE: when the charge is dissipated, i.e. from the time delay circuit 28, it is passed to a one shot and then to a signal generator and on to a transducer to alert the patient and the one shot is activated and moves into a second state which activates the signal generator and after 20 seconds has elapsed the one shot returns to its initial state [which does not activate the signal generator] thus the preventing, automatically, the transmitting of the customizable audio signals [in the combination] occurs when the energy level is fully dissipated from the time delay circuit).
Regarding claim 8, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses wherein the method is used for treating bruxism (The undesirable position may be teeth clenched, Abstract; col. 3, lines 35-53; see Applicant’s specification [0008] which states that bruxism is excessive grinding of the teeth or clenching of the jaw).
Dworkin in view of Shelly as combined does not disclose the method further comprises: minimizing likelihood of waking up a user.
Shelly further teaches wherein the method further comprises: minimizing likelihood of waking up a user (For example, the slimmer the components and closer they are to the back of the teeth or the roof of the mouth, the less likely that a user will be troubled by them as they are attempting to sleep, [0029]; [0035]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the method for transmitting audio signals through teeth activated by teeth movement of Dworkin in view of Shelly is a method that further comprises: minimizing likelihood of waking up a user, as taught by Shelly, in order to provide an improved method that less likely to trouble a user as they are attempting to sleep (Shelly, [0029]).
Regarding claim 9, Dworkin in view of Shelly discloses the invention as described above.
Shelly further teaches wherein the method allows a user to listen to the customizable audio signals with minimal interference from outside noise and with minimal interference to surrounding environment ([0035]; NOTE: a user is allowed to listen to the customizable signal sounds [customizable audio signals]; See 112b interpretation above of this limitation).
Regarding claim 10, Dworkin discloses an intraoral apparatus 10 ( intraoral apparatus 10, col. 5, lines 42-56) configured to transmit customizable audio signals (In this connection, the patient signaling device, being piezo electric, may generate an audible signal or merely a vibration that the patient can feel, col. 11, lines 53-67; Regardless of which arrangement is used, the patient receives an audible signal whenever his or her jaw has been too long in an undesirable position, col. 9, lines 24-26; NOTE: as the audio signal is generated it is customized thus customizable) through teeth activated by teeth movement (The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 [FIG. 3A]. When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; col. 11, lines 42-67; Where the intraoral appliance 10 is used for the treatment of clenching, the circuitry 12 is configured so that when the mandibular and maxillary molars 22 and 24 are in contact, the reed switch 16 is closed. When the teeth 22 and 24 remain in contact for more than a predetermined length of time [in one embodiment any where from about one to about twenty seconds], a signal is generated which is audible or vibratory to the patient in whose mouth the appliance is installed, col 5, line 42 to col. 6 line 4; For patients who clench, the circuitry may sense a closed jaw, and when the jaw has been held closed too long, e.g., 3 or 5 seconds, a signal (be it audible or otherwise) is generated alerting the patient to relax his or her jaw muscles by opening the jaw, col. 3, lines 33-39; NOTE: clenching involves jaw movement and teeth move with the jaw thus the audio signals are transmitted through [via] teeth activated by teeth movement [clenching]; NOTE: clenching involves jaw movement and teeth move with the jaw thus the audio signals are transmitted through [via] teeth activated by teeth movement [clenching]) wherein the intraoral apparatus further comprises: a teeth movement detection element 16 (reed switch 16, col. 5, line 56 to col. 6, line 14) to detect teeth movement (The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 [FIG. 3]. When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time [this time being adjustable], power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; Where the intraoral appliance 10 is used for the treatment of clenching, the circuitry 12 is configured so that when the mandibular and maxillary molars are in contact, the reed switch 16 is closed, col. 5, line 56 to col. 6, line 14; The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 [FIG. 3A]. When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; The strength of the magnetic field surrounding the magnet 18 and its position relative to the reed switch 16 determines when the reed switch will close for treating clenching…., col. 12, lines, 31-40; NOTE: a closed switch indicates/detects clenching [teeth movement as described above] and alerts the user thus the switch which is used to transmit power to alert the user is a teeth movement detection element to detect teeth movement) that holds a state wherein the state is one of on and off (Where the intraoral appliance 10 is used for the treatment of clenching, the circuitry 12 is configured so that when the mandibular and maxillary molars 22 and 24 are in contact, the reed switch 16 is closed, col. 5, lines 57-60; When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, col. 6, lines 5-14; NOTE: an on state is where the reed switch conducts power to the circuit and an off state is where the reed switch does not conduct power to the circuit and where there is no clenching the off state is held), a power source 26 (battery 26, col. 6, lines 5-14), a control element 12, 30, 28 (circuit 12, oscillator 30, delay circuit 28, col. 6, lines 5-14; col. 11, lines 21-52); and responsive to detecting teeth movement by the teeth movement detection element when the state is off (The circuit 12 includes a detector for detecting the proximity of body parts. In the embodiment of the invention illustrated in FIGS. 1 and 2 the detector comprises the reed switch 16 which is closed by a magnet 18 (FIG. 3A). When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; The strength of the magnetic field surrounding the magnet 18 and its position relative to the reed switch 16 determines when the reed switch will close for treating clenching…., col. 12, lines, 31-40; NOTE: the time delay circuit and oscillator are responsive to receiving pressure by the pressure switch when the state is off), transmitting the customizable audio signals (col. 6, lines 5-14) for a period of time.
Dworkin does not disclose an audio element, a bone conduction element; receiving by the audio element the customizable audio signals; and responsive to detecting teeth movement by the teeth movement detection element when the state is off, transmitting the customizable audio signals through the bone conduction element for a period of time.
Shelly teaches an analogous intraoral apparatus 13 (mandibular advancement mouthpiece 13, [0028]) configured to transmit customizable audio signals ([0035]; [0039]) activated by movement (Posture may be, or be related to, an overall body position of user 12, a position of one or more body parts of user 12 (e.g., the head and/or neck of user 12), and/or other body position information. [0030], [0039]), wherein the intraoral apparatus further comprises: an analogous movement detection element 14 (posture sensor 14, [0033], [0034]) to detect movement ([0033]; [0034]), an analogous power source 28 (power supply 28, [0026]), an audio element ([Bluetooth module] sounds provided via wireless network (e.g., Bluetooth) connectivity and/or other audio playback, [0035]; NOTE: it is implied that there is a Bluetooth module as Bluetooth connectivity occurs and the Bluetooth module is an audio element; NOTE: per Applicant’s specification at [0025] the audio element 226 includes a Bluetooth module), an analogous control element 18 (controller 18, [0037]), and a bone conduction element [0035]); receiving by the audio element the customizable audio signals (sounds provided via wireless network (e.g., Bluetooth) connectivity, [0035]; NOTE: the Bluetooth module [audio element] receives customizable audio signals); and responsive to detecting movement by the analogous movement detection element ([0030]) to transmit the customizable audio signals (In some embodiments, the information in the output signals from sensor 14 and/or 20 is used to control sensory stimulator 16 to provide sensory stimulation to user 12, [0034]; [0035])through the bone conduction element for a period of time (As yet another example, sensory stimulator 16 may be configured to provide audio playback through the bone conduction. The audio playback may comprise white noise, calming sounds, music, a wake-up alarm, sounds provided via wireless network (e.g., Bluetooth) connectivity, and/or other audio playback, [0035]; NOTE: the sounds provided are for a period of time).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the intraoral apparatus configured to transmit customizable audio signals through teeth activated by teeth movement of Dworkin further comprises: an audio element, a bone conduction element; receiving by the audio element the customizable audio signals, as taught by Shelly, and to provide that the intraoral apparatus responsive to detecting teeth movement by the teeth movement detection element when the state is off, transmitting the customizable audio signals is further comprising transmitting the customizable audio signals through the bone conduction element for a period of time, as taught by Shelly, in order to provide an improved intraoral apparatus that facilitates prompting stimulating a user (Shelly, [0035]) and that facilitates providing a selection of sounds via a wireless network (Shelly, [0035]).
Regarding claim 11, Dworkin in view of Shelly discloses the invention as described above.
Shelly further teaches wherein the period of time is adjustable (As another example, the sensory stimulation provided by sensory stimulator 16 may be provided via audio tones using bone conduction [e.g., through the teeth of user 12]. The audio tones may have a volume, frequency, duration, inter tone interval, and/or other adjustable characteristics, for example, [0035]; NOTEL the duration of the audio tones is adjustable).
Regarding claim 12, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses building up an energy level in the control element when the state is on to regulate the power source used for transmitting of the customizable audio signals (When the reed switch 16 is closed, power from a battery 26 flows through a time delay circuit 28, and after a predetermined length of time (this time being adjustable), power is then passed to an oscillator 30 and from the oscillator 30 to a piezoelectric transducer 32 to alert the patient that he or she is clenching and has been clenching for too long, col. 6, lines 5-14; NOTE: the time delay circuit regulates the power used for transmitting of the customizable audio signals in that charge/energy from the battery cannot pass to the oscillator without flowing through the time delay circuit; ALSO NOTE: the time delay circuit is part of the control element and it receives power from a battery thus building up an energy level in the control element when the state is on [when the reed switch is closed] to regulate the power source used for transmitting of the customizable audio signals).
Regarding claim 13, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses dissipating the energy level when regulating the power source (Voltage detector 116 is further connected to a time delay circuit 28, and after a predetermined length of time, power is then passed to an oscillator 30 and from the oscillator 30 to a one shot 126 and then to a signal generator 128, col. 11, lines 42-52; NOTE: as the power is passed from the time delay circuit to an oscillator the energy thus energy level is dissipated from the time delay circuit when regulating the power source with the time delay circuit); and preventing, automatically, the transmitting of the customizable audio signals when the charge is fully dissipated (Voltage detector 116 is further connected to a time delay circuit 28, and after a predetermined length of time, power is then passed to an oscillator 30 and from the oscillator 30 to a one shot 126 and then to a signal generator 128. Voltage is then passed from the signal generator 128 to a piezoelectric transducer 32 to alert the patient that his or her bite forces exceed a predetermined amount. In the case where the reed switch 16 and the magnet 18 are present the circuit 200 can also monitor whether or not and for how long a patient is clenching in the manner described above with regard to circuit 12. The one shot 126 is, in one embodiment, a twenty (20) second one shot. Once the frequency generated by the oscillator 30 exceeds, for example, a predetermined level the one shot 126 is activated and moves into a second state which in turn activates the signal generator 128 so as to signal the patient that he or she is either clenching, exceeding a predetermined bite force, or both depending upon the signal generated by the signal generator 128. Once the one shot returns to its initial state, it ceases to signal to the patient. In this connection, the patient signaling device, being piezo electric, may generate an audible signal or merely a vibration that the patient can feel. Alternatively, any device which generates a recognizable sensation may be used, including a mild electric shock or a slight temperature change. The one shot 126 stays in this second state for 20 seconds (i.e., a twenty second one shot) irrespective of the input from the oscillator. After the 20 seconds has elapsed the one shot will return to its initial state so long as the frequency from the oscillator does not meet the criteria set for switching the one shot into its second state, col. 11, line 42 to col. 12, line 6; NOTE: when the charge is dissipated, i.e. from the time delay circuit 28, it is passed to a one shot and then to a signal generator and on to a transducer to alert the patient and the one shot is activated and moves into a second state which activates the signal generator and after 20 seconds has elapsed the one shot returns to its initial state [which does not activate the signal generator] thus the preventing, automatically, the transmitting of the customizable audio signals [in the combination] occurs when the energy level is fully dissipated from the time delay circuit).
Regarding claim 17, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses wherein the method is used for treating bruxism ((The undesirable position may be teeth clenched, Abstract; col. 3, lines 35-53; see Applicant’s specification [0008] which states that bruxism is excessive grinding of the teeth or clenching of the jaw).
Dworkin in view of Shelly as combined does not disclose the method further comprises: minimizing likelihood of waking up a user.
Shelly further teaches wherein the method further comprises: minimizing likelihood of waking up a user (For example, the slimmer the components and closer they are to the back of the teeth or the roof of the mouth, the less likely that a user will be troubled by them as they are attempting to sleep, [0029]; [0035]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the method for transmitting audio signals through teeth activated by teeth movement of Dworkin in view of Shelly is a method that further comprises: minimizing likelihood of waking up a user, as taught by Shelly, in order to provide an improved method that less likely to trouble a user as they are attempting to sleep (Shelly, [0029]).
Regarding claim 18, Dworkin in view of Shelly discloses the invention as described above.
Shelly further teaches wherein the method allows a user to listen to the customizable audio signals with minimal interference from outside noise and with minimal interference to surrounding environment ([0035]; NOTE: a user is allowed to listen to the customizable signal sounds [customizable audio signals]; See 112b interpretation above of this limitation).
Regarding claim 20, Dworkin in view of Shelly discloses the invention as described above.
Dworkin further discloses a left occlusal guard and a right occlusal guard (In addition, the above described circuitry can be placed into a night guard or splint 100 which can also contain, embedded therein or hardwired thereto, the above described readout device 23 (FIG. 11) for displaying any recorded information. Such a night guard or splint 100 can optionally include a conductive rubber transducer 102 and a bite force memory 25 (FIG. 3A) similar to the clock and counter memories 19 and 21, respectively, as described, col. 8 lines 44-61 ; NOTE: a night guard includes a left portion occlusal guard and a right portion occlusal guard thus includes a left occlusal guard and a right occlusal guard) and wherein at least one of the left occlusal guard and the right occlusal guard is integrated with the teeth movement detection element (In addition, the above described circuitry can be placed into a night guard or splint 100 which can also contain, embedded therein or hardwired thereto, the above described readout device 23 (FIG. 11) for displaying any recorded information. Such a night guard or splint 100 can optionally include a conductive rubber transducer 102 and a bite force memory 25 (FIG. 3A) similar to the clock and counter memories 19 and 21, respectively, as described, col, 8 lines 44-61; NOTE: the above described circuitry includes reed switch 16 [teeth movement detection element] placed into a night guard thus the left guard and right guard are integrated with the teeth movement detection element).
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dworkin (US 6613001) in view of Shelly (US 2020/0197655) as applied to claims 3 and 12 respectively, and further in view of Berk (US 2016/0242951).
Regarding claim 5, Dworkin in view of Shelly discloses the invention as applied to claim 3 above.
Dworkin further discloses further monitoring the building up of the energy level (The amount of voltage generated by the circuit 200 is directly proportional to the amount of bite force exerted on the rubber transducer 102. The feed back loop 114 acts to prevent a voltage spike from damaging the circuit 200. The reed switch 18 is connected to a voltage detector 116 which measures the amount transmitted by the battery 26 and the amplifier 112 when the reed switch 16 is closed due to the proximity of the magnet 18, col. 11, lines 21-41; NOTE: the voltage detector monitors the amount of energy transferred by the battery and thus monitors building up of the energy level).
Dworkin in view of Shelly does not disclose further monitoring the building up of the control element for a completion of build up; and responsive to detecting the completion of the buildup of the energy level, setting the state to off.
Berk teaches an analogous method for transmitting signals through teeth activated by movement ([0018]; Thus, e.g., conducting wires can be provided, which only come into contact with each other due to the chewing pressure and in this way activate the signal generator, [0026]; Thus, this can be compressed with the occurring occlusion and protrusion forces, so that the two segments 18 with conducting material 20 can touch and thereby produce an electrical contact, [0074]; NOTE: for example occlusion is movement of the jaw/teeth and this movement leads to producing an electrical contact which produces signals) comprising: providing an analogous intraoral apparatus 10 (dental arch 10, [0072]) with an analogous teeth movement detection element 16 ([pressure sensor/contact sleeve 16]; a pressure sensor as a contact device being configured as a contact sleeve 16, [0073]; The contact device can comprise, for example, at least one electrical switch, [0026]; FIG. 2 shows a sectional view of the contact sleeve 16. This is divided into four compartments or segments 18 in cross section. The segments or sectors are each formed alternately of conducting material 20 and nonconducting material 22. The inner diameter A can be 1 mm, for example, while the thickness D can be around 0.4 mm. The nonconducting material 22 has an insulating action and comprises, in particular, a flexible material. Thus, this can be compressed with the occurring occlusion and protrusion forces, so that the two segments 18 with conducting material 20 can touch and thereby produce an electrical contact, [0074]) to detect teeth movement (The contact device can comprise, for example, at least one electrical switch. Thus, e.g., conducting wires can be provided, which only come into contact with each other due to the chewing pressure and in this way activate the signal generator. Once the chewing pressure relaxes, the circuit is broken once more, for example by an elastic and/or flexible material in which the wires are embedded. The contact device in the sense of the present invention can also be called a pressure switch or constitute such a switch, [0026]; Alternatively, the pressure sensor can also comprise a hydraulic or pneumatic device, for example, one in the form of a pressurized sleeve. If the teeth press on the sleeve, the pressure increases. The pressure change can be measured, and after a certain minimum pressure a signal generator is triggered. In this way, information as to the strength of the acting occlusion and protrusion forces is relayed directly to the signal generator, for example, by a pressure change; [0028]; To activate the vibration, a contact sleeve 16 is used, whose change in resistance triggered by the pressing of the teeth is evaluated in the central unit 14. [0083]; [0084]) that holds a state wherein the state is one of on and off (If occlusion or protrusion forces occur, there is a flow of current, for example, between the power supply unit and signal generator and a signal is triggered; [0019]; NOTE: thus it follow that where occlusion or protrusion forces do not occur there is no flow of current and the switch is held in an off state; The contact device can comprise, for example, at least one electrical switch. Thus, e.g., conducting wires can be provided, which only come into contact with each other due to the chewing pressure and in this way activate the signal generator. Once the chewing pressure relaxes, the circuit is broken once more, for example by an elastic and/or flexible material in which the wires are embedded. The contact device in the sense of the present invention can also be called a pressure switch or constitute such a switch, [0026]; [0074];[0083]; [0084]); an analogous power source 26 (power supply unit 26, [0076]; [0072]-[0073]) , an analogous control element 14, 76, 78, 38’ (central unit 14 comprising electronics and power supply, [0073];[0076];the charging module 76 comprises a circuit board 38’ with a transmitter coil 78, [0089]), and an analogous bone conduction element ([0019]; [0088]); and responsive to detecting teeth movement by the teeth movement detection element, transmitting analogous customizable audio signals through the bone conduction element for a period of time ([0019]; [0088];[0026]); further comprising: building up an energy level in the control element when the state is on (The energy transmission during the charging occurs in particular by induction with the help of a coil integrated in the circuit board 38 (see FIG. 7a-c), which is tuned along with a capacitance to the transmission frequency, [0087]; The energy transfer from the charging module 76 to the central unit 14 occurs by inductive coupling of two coils in the transmitter and receiver. The transformers 66 in the charging module 76 and in the central unit 14 are operated in resonance. To prevent an unwanted transfer of energy to objects other than the central unit 14 or after the end of the charging, a handshake occurs between the charging module 76 and the central unit 14., [0091]; The current V flowing in the coil 78 of the inductive energy transfer is monitored by means of a comparator 56. If it exceeds a threshold 50′, the oscillator 94 is halted and the energy transfer is interrupted. Thus, a safety feature is provided, [0097]; NOTE: if the current exceeds a threshold the oscillator is hated and the energy transfer is interrupted thus it is implied that the oscillator is on when the energy transfer is provided thus the detection element is in an on state as current flows; NOTE: current is flowing in the coil when the oscillator is on thus there is a building up an energy level in the control element when the state is on); and monitoring the building of the control element for a completion of build up (The current V flowing in the coil 78 of the inductive energy transfer is monitored by means of a comparator 56. If it exceeds a threshold 50′, the oscillator 94 is halted and the energy transfer is interrupted. Thus, a safety feature is provided, [0097] NOTE: the current flowing in the coil is monitored for a completion of build up i.e. where it exceeds a threshold); and responsive to detecting the completion of the build up of the energy level, setting the state to off (The current V flowing in the coil 78 of the inductive energy transfer is monitored by means of a comparator 56. If it exceeds a threshold 50′, the oscillator 94 is halted and the energy transfer is interrupted. Thus, a safety feature is provided, [0097]; NOTE: the energy transfer is halted thus the state is off).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the method for transmitting customizable audio signals through teeth activated by teeth movement of Dworkin in view of Shelly is further comprising: monitoring the building up of the control element for a completion of build up; and responsive to detecting the completion of the buildup of the energy level, setting the state to off, as taught by Berk, in order to provide an improved method that facilitates provision of a safety feature (Berk, [0087]).
Regarding claim 14, Dworkin in view of Shelly discloses the invention as applied to claim 3 above.
Dworkin further discloses further monitoring the charging element (The amount of voltage generated by the circuit 200 is directly proportional to the amount of bite force exerted on the rubber transducer 102. The feed back loop 114 acts to prevent a voltage spike from damaging the circuit 200. The reed switch 18 is connected to a voltage detector 116 which measures the amount transmitted by the battery 26 and the amplifier 112 when the reed switch 16 is closed due to the proximity of the magnet 18, col. 11, lines 21-41).
Dworkin in view of Shelly does not disclose further monitoring the charging of the control element for a completion of charging; and responsive to detecting the completion of charging, setting the state to off.
Berk teaches an analogous intraoral apparatus 10 (dental arch 10, [0072]) configured to transmit customizable audio signals through teeth activated by movement ([0018]; Thus, e.g., conducting wires can be provided, which only come into contact with each other due to the chewing pressure and in this way activate the signal generator, [0026]; Thus, this can be compressed with the occurring occlusion and protrusion forces, so that the two segments 18 with conducting material 20 can touch and thereby produce an electrical contact, [0074]; NOTE: for example occlusion is movement of the jaw/teeth and this movement leads to producing an electrical contact which produces signals) wherein the intraoral apparatus further comprises: comprising: an analogous teeth movement detection element 16 ([pressure sensor/contact sleeve 16]; a pressure sensor as a contact device being configured as a contact sleeve 16, [0073]; The contact device can comprise, for example, at least one electrical switch, [0026]; FIG. 2 shows a sectional view of the contact sleeve 16. This is divided into four compartments or segments 18 in cross section. The segments or sectors are each formed alternately of conducting material 20 and nonconducting material 22. The inner diameter A can be 1 mm, for example, while the thickness D can be around 0.4 mm. The nonconducting material 22 has an insulating action and comprises, in particular, a flexible material. Thus, this can be compressed with the occurring occlusion and protrusion forces, so that the two segments 18 with conducting material 20 can touch and thereby produce an electrical contact, [0074]) to detect teeth movement (The contact device can comprise, for example, at least one electrical switch. Thus, e.g., conducting wires can be provided, which only come into contact with each other due to the chewing pressure and in this way activate the signal generator. Once the chewing pressure relaxes, the circuit is broken once more, for example by an elastic and/or flexible material in which the wires are embedded. The contact device in the sense of the present invention can also be called a pressure switch or constitute such a switch, [0026]; Alternatively, the pressure sensor can also comprise a hydraulic or pneumatic device, for example, one in the form of a pressurized sleeve. If the teeth press on the sleeve, the pressure increases. The pressure change can be measured, and after a certain minimum pressure a signal generator is triggered. In this way, information as to the strength of the acting occlusion and protrusion forces is relayed directly to the signal generator, for example, by a pressure change; [0028]; To activate the vibration, a contact sleeve 16 is used, whose change in resistance triggered by the pressing of the teeth is evaluated in the central unit 14. [0083]; [0084]) that holds a state wherein the state is one of on and off (If occlusion or protrusion forces occur, there is a flow of current, for example, between the power supply unit and signal generator and a signal is triggered; [0019]; NOTE: thus it follow that where occlusion or protrusion forces do not occur there is no flow of current and the switch is held in an off state; The contact device can comprise, for example, at least one electrical switch. Thus, e.g., conducting wires can be provided, which only come into contact with each other due to the chewing pressure and in this way activate the signal generator. Once the chewing pressure relaxes, the circuit is broken once more, for example by an elastic and/or flexible material in which the wires are embedded. The contact device in the sense of the present invention can also be called a pressure switch or constitute such a switch, [0026]; [0074];[0083]; [0084]); an analogous power source 26 (power supply unit 26, [0076]; [0072]-[0073]), an analogous control element 14, 78, 38’ (central unit 14 comprising electronics and power supply, [0073];[0076];circuit board 38’ with a transmitter coil 78, [0089]), and an analogous bone conduction element ([0019]; [0088]); and responsive to detecting teeth movement by the teeth movement detection element, transmitting the customizable audio signals through the bone conduction element for a period of time ([0019]; [0088]); and further comprising: building up an energy level in the control element when the state is on (The energy transmission during the charging occurs in particular by induction with the help of a coil integrated in the circuit board 38 (see FIG. 7a-c), which is tuned along with a capacitance to the transmission frequency, [0087]; The energy transfer from the charging module 76 to the central unit 14 occurs by inductive coupling of two coils in the transmitter and receiver. The transformers 66 in the charging module 76 and in the central unit 14 are operated in resonance. To prevent an unwanted transfer of energy to objects other than the central unit 14 or after the end of the charging, a handshake occurs between the charging module 76 and the central unit 14., [0091]; The current V flowing in the coil 78 of the inductive energy transfer is monitored by means of a comparator 56. If it exceeds a threshold 50′, the oscillator 94 is halted and the energy transfer is interrupted. Thus, a safety feature is provided, [0097]; NOTE: if the current exceeds a threshold the oscillator is hated and the energy transfer is interrupted thus it is implied that the oscillator is on when the energy transfer is provided thus the detection element is in an on state as current flows; NOTE: current is flowing in the coil when the oscillator is on thus there is a building up an energy level in the control element when the state is on); and monitoring the building of the control element for a completion of build up (The current V flowing in the coil 78 of the inductive energy transfer is monitored by means of a comparator 56. If it exceeds a threshold 50′, the oscillator 94 is halted and the energy transfer is interrupted. Thus, a safety feature is provided, [0097] NOTE: the current flowing in the coil is monitored for a completion of build up i.e. where it exceeds a threshold); and responsive to detecting the completion of the build up of the energy level, setting the state to off (The current V flowing in the coil 78 of the inductive energy transfer is monitored by means of a comparator 56. If it exceeds a threshold 50′, the oscillator 94 is halted and the energy transfer is interrupted. Thus, a safety feature is provided, [0097]; NOTE: the energy transfer is halted thus the state is off).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the intraoral apparatus configured to transmit customizable audio signals through teeth activated by teeth movement of Dworkin in view of Shelly is further comprising: monitoring the building up of the control element for a completion of build up; and responsive to detecting the completion of the buildup of the energy level, setting the state to off, as taught by Berk, in order to provide an improved method that facilitates provision of a safety feature (Berk, [0097]).
Claim(s) 6-7 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dworkin (US 6613001) in view of Shelly (US 2020/0197655) as applied to claims 3 and 12, respectively, and further view of Buckner (US 6089864).
Regarding claim 6, Dworkin In view of Shelly discloses the invention as applied to claim 3 above.
Dworkin in view of Shelly does not disclose responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is on, setting the state to off, and fast dissipating the energy level completely.
Buckner teaches an analogous method for transmitting analogous signals through teeth activated by teeth movement (col. 4, lines 56-67; NOTE: a teeth grinding episode is movement of teeth) comprising: providing an analogous intraoral apparatus 50 (mouth guard 50, col. 12, lines 59-67) with an analogous teeth movement detection element 62 to detect teeth movement (flexible pressure sensing switches or detectors, col. 8, lines 5-17; col. 13, lines 4-17) that holds a state wherein the state is one of on and off (the switch is in a normal open or off state, col. 8, lines 7-17; col. 13, lines 18-34); an analogous power source 58 (battery 58, col. 12, line 59 to col. 13, line 4), an analogous control element 56, 80 (chip/transmitter 56, col. 12, lines 59-67; col. 16, lines 48-55; circuitry 80, col. 13, line 50 to col. 14, line 51); receiving the analogous signals (col. 12, lines 59-67); responsive to detecting teeth movement by the teeth movement detection element when the state is off (col. 12, lines 4-18; col. 12, lines 59-67), transmitting signals (col. 12, lines 4-18); building up an energy level in the control element when the state is on (a battery 58 for supplying power to the membrane 54 and the chip 56, col. 12, lines 56-67); and further comprising responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is on (the state is not activated until a given pressure conditions persist for more than a set time, col. 12, lines 4-18), setting the state to off (the electronics include logic to determine when to stop the transmitted signal as well. Thus the transmitted signal would stop or a stop signal would be generated when the on pressure state [movement state] changes to the off pressure state, col. 12, lines 4-18), and fast dissipating the energy level completely (col. 3, lines 43-67; col. 12, lines 4-18; col. 13, lines 36-49; NOTE: it follows that when the pressure state changes to the off pressure state that no charge would be provided and thus dissipating the energy level completely would occur as the circuit would be opened; ALSO NOTE: see 112b rejection above regarding the use of the word “fast”).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that to provide that the method for transmitting customizable audio signals through teeth activated by teeth movement of Dworkin in view of Shelly does is further comprising: responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is on, setting the state to off, and fast dissipating the energy level completely, as taught by Buckner, in order to provide an improved method that facilitates activation when a given pressure condition persists for more than a set time or until a set pressure amplitude is achieved and that facilitates use of logic to determine when to stop the transmitted signal (Buckner, col. 12, lines 4-18).
Regarding claim 7, Dworkin In view of Shelly discloses the invention as applied to claim 3 above.
Dworkin in view of Shelly does not disclose responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is off, bypassing the building up of the energy level, setting the state to on, and enabling the power source to provide needed power to transmit the customizable audio signals.
Buckner teaches an analogous method for transmitting analogous signals through teeth activated by teeth movement (col. 4, lines 56-67; NOTE: a teeth grinding episode is movement of teeth) comprising: providing an analogous intraoral apparatus 50 (mouth guard 50, col. 12, lines 59-67 with an analogous pressure switch 62 to detect teeth movement (flexible pressure sensing switches or detectors, col. 8, lines 7-17; col. 13, lines 4-17) that holds a state wherein the state is one of on and off (the switch is in a normal open or off state, col. 8, lines 7-17; col. 13, lines 18-34); an analogous power source 58 (battery 58, col. 12, line 59 to col. 13, line 4), an analogous control element 56, 80 (chip/transmitter 56, col. 12, lines 59-67; col. 16, lines 48-55; circuitry 80, col. 13, line 50 to col. 14, line 51); analogous control element 56, 80 (chip/transmitter 56, col. 12, lines 59-67; col. 16, lines 48-55; circuitry 80, col. 13, line 50 to col. 14, line 51); receiving analogous signals (col. 12, lines 59-67); responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is off (Additionally, the electronics can contain monitoring logic such that a signal is not generated until a transmit state is reached. Although the transmit state can be activated simply whenever a pressure on/off type switch is activated or a pressure threshold signal intensity occurs, more sophisticated logic can be included so that the transmit state is not activated until a given pressure conditions persists for more than a set time or until a set pressure amplitude is achieved. Of course, the electronics include logic to determine when to stop the transmitted signal as well. Thus, the transmitted signal would stop or a stop signal would be generated when the on pressure state changes to the off pressure state, i.e., the activated on/off switches turn off or the continuous pressure sensor signal drops below the pressure threshold intensity, col. 11, line 51 to col. 12, line 18), bypassing the charging of the control element (col. 12, lines 4-18; NOTE: using more sophisticated logic, where given pressure conditions do not persist for more than a set time or until a set pressure amplitude is achieved, a transmit state is not activated thus evidencing that bypassing the charging of the control element occurs), setting the state to on (col. 12, lines 4-18; NOTE: the transmit state is activated [thus the state is set to on] when a given pressure conditions persists for more than a set time or until a set pressure amplitude is achieved), and enabling the power source to provide needed power to transmit the analogous signals (col. 12, lines 4-18; NOTE: it would follow that where the logic determines to activate a transmit state that the power source is enabled, thus enabling the power source to provide needed power to transmits the analogous signals occurs).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that to provide that the method for transmitting customizable audio signals through teeth activated by teeth movement of Dworkin in view of Shelly is further comprising: responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is off, bypassing the charging of the control element, setting the state to on, and enabling the power source to provide needed power to transmit the customizable audio signals, as taught by Buckner, in order to provide an improved method that facilitates activation when a given pressure condition persists for more than a set time or until a set pressure amplitude is achieved (Buckner, col. 12, lines 4-18).
Regarding claim 15, Dworkin In view of Shelly discloses the invention as applied to claim 12 above.
Dworkin in view of Shelly does not disclose responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is on, setting the state to off, and fast dissipating the energy level completely.
Buckner teaches an analogous an analogous intraoral apparatus 50 (mouth guard 50, col. 12, lines 59-67) configured to transmit analogous signals through teeth activated by teeth movement (col. 4, lines 56-67; NOTE: a teeth grinding episode is movement of teeth) that further comprises: an analogous teeth movement detection element 62 to detect teeth movement (flexible pressure sensing switches or detectors, col. 8, lines 5-17; col. 13, lines 4-17) that holds a state wherein the state is one of on and off (the switch is in a normal open or off state, col. 8, lines 7-17; col. 13, lines 18-34); an analogous power source 58 (battery 58, col. 12, line 59 to col. 13, line 4), an analogous control element 56, 80 (chip/transmitter 56, col. 12, lines 59-67; col. 16, lines 48-55; circuitry 80, col. 13, line 50 to col. 14, line 51); receiving the analogous signals (col. 12, lines 59-67); responsive to detecting teeth movement by the teeth movement detection element when the state is off (col. 12, lines 4-18; col. 12, lines 59-67), transmitting signals (col. 12, lines 4-18); building up an energy level in the control element when the state is on (a battery 58 for supplying power to the membrane 54 and the chip 56, col. 12, lines 56-67); and further comprising responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is on (the state is not activated until a given pressure conditions persist for more than a set time, col. 12, lines 4-18), setting the state to off (the electronics include logic to determine when to stop the transmitted signal as well. Thus the transmitted signal would stop or a stop signal would be generated when the on pressure state [movement state] changes to the off pressure state, col. 12, lines 4-18), and fast dissipating the energy level completely (col. 3, lines 43-67; col. 12, lines 4-18; col. 13, lines 36-49; NOTE: it follows that when the pressure state changes to the off pressure state that no charge would be provided and thus dissipating the energy level completely would occur as the circuit would be opened; ALSO NOTE: see 112b rejection above regarding the use of the word “fast”).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that to provide that the method for transmitting customizable audio signals through teeth activated by teeth movement of Dworkin in view of Shelly does is further comprising: responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is on, setting the state to off, and fast dissipating the energy level completely, as taught by Buckner, in order to provide an improved method that facilitates activation when a given pressure condition persists for more than a set time or until a set pressure amplitude is achieved and that facilitates use of logic to determine when to stop the transmitted signal (Buckner, col. 12, lines 4-18).
Regarding claim 16, Dworkin In view of Shelly discloses the invention as applied to claim 12 above.
Dworkin in view of Shelly does not disclose responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is off, bypassing the building up of the energy level, setting the state to on, and enabling the power source to provide power to transmit the customizable audio signals.
Buckner teaches an analogous an analogous intraoral apparatus 50 (mouth guard 50, col. 12, lines 59-67) configured to transmit analogous signals through teeth activated by teeth movement (col. 4, lines 56-67; NOTE: a teeth grinding episode is movement of teeth) that further comprises: an analogous teeth movement detection element 62 to detect teeth movement (flexible pressure sensing switches or detectors, col. 8, lines 5-17; col. 13, lines 4-17) that holds a state wherein the state is one of on and off (the switch is in a normal open or off state, col. 8, lines 7-17; col. 13, lines 18-34); an analogous power source 58 (battery 58, col. 12, line 59 to col. 13, line 4), an analogous control element 56, 80 (chip/transmitter 56, col. 12, lines 59-67; col. 16, lines 48-55; circuitry 80, col. 13, line 50 to col. 14, line 51); receiving the analogous signals (col. 12, lines 59-67); responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is off (Additionally, the electronics can contain monitoring logic such that a signal is not generated until a transmit state is reached. Although the transmit state can be activated simply whenever a pressure on/off type switch is activated or a pressure threshold signal intensity occurs, more sophisticated logic can be included so that the transmit state is not activated until a given pressure conditions persists for more than a set time or until a set pressure amplitude is achieved. Of course, the electronics include logic to determine when to stop the transmitted signal as well. Thus, the transmitted signal would stop or a stop signal would be generated when the on pressure state changes to the off pressure state, i.e., the activated on/off switches turn off or the continuous pressure sensor signal drops below the pressure threshold intensity, col. 11, line 51 to col. 12, line 18), bypassing the charging of the control element (col. 12, lines 4-18; NOTE: using more sophisticated logic, where given pressure conditions do not persist for more than a set time or until a set pressure amplitude is achieved, a transmit state is not activated thus evidencing that bypassing the charging of the control element occurs), setting the state to on (col. 12, lines 4-18; NOTE: the transmit state is activated [thus the state is set to on] when a given pressure conditions persists for more than a set time or until a set pressure amplitude is achieved), and enabling the power source to provide needed power to transmit the analogous signals (col. 12, lines 4-18; NOTE: it would follow that where the logic determines to activate a transmit state that the power source is enabled, thus enabling the power source to provide needed power to transmits the analogous signals occurs).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that to provide that intraoral apparatus configured to transmit customizable audio signals through teeth activated by teeth movement of Dworkin in view of Shelly is further comprising: responsive to detecting the received teeth movement extended over a predetermined duration of time while the state is off, bypassing the charging of the control element, setting the state to on, and enabling the power source to provide needed power to transmit the customizable audio signals, as taught by Buckner, in order to provide an improved method that facilitates activation when a given pressure condition persists for more than a set time or until a set pressure amplitude is achieved (Buckner, col. 12, lines 4-18).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dworkin (US 6613001) in view of Shelly (US 2020/0197655) as applied to claim 10, and further in view of Smolarz (US 2023/0037831).
Regarding claim 19, Dworkin in view of Shelly discloses the invention as applied to claim 8 above.
Dworkin in view of Shelly does not disclose wherein the bone conduction element further comprises: a left bone conduction element and a right bone conduction element.
Smolarz teaches an analogous intraoral apparatus (dental alignment device, [0074]; FIG. 6 depicts an example of how a bone-conduction device may be positioned on multiple locations of a dental alignment device, [0074) with an analogous bone conduction element ([0074]; Fig. 6), wherein the bone conduction element further comprises: a left bone conduction element 274 (transducer 274, [0217]; Although shown on the lower row of teeth, multiple assemblies may alternatively be positioned and located along the upper row of teeth or both rows as well. Moreover, each of the assemblies may be configured to transmit vibrations within a uniform frequency range. Alternatively in other variations, different assemblies may be configured to vibrate within non-overlapping frequency ranges between each assembly. As mentioned above, each transducer 270, 272, 274, 276 can be programmed or preset for a different frequency response such that each transducer may be optimized for a different frequency response and/or transmission to deliver a relatively high-fidelity sound to the user, [0217]; In certain embodiments, a system of the present invention or a bone-conduction device or a dental aligner apparatus of the present invention is worn such that the transducer is positioned or biased over or against at least one maxillary tooth, [0115]; NOTE: Fig. 6 shows transducer/bone conduction element 274 on the left side ) and a right bone conduction element 272 (transducer 272, [0217]; [0115]; NOTE: see Fig. 6 showing bone conduction element 272 on the right side).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the bone conduction element of the intraoral apparatus of Dworkin in view of Shelly configured to transmit customizable audio signals further comprises: a left bone conduction element and a right bone conduction element, as taught by Smolarz in order to provide an improved intraoral apparatus that facilitates programming optimizing each transducer for a different frequency response and/or transmission to deliver a relatively high-fidelity sound to the user (Smolarz, [0217]).
Conclusion
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/G.M./Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
