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. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “inflatable bladder” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim s 2, 3 and 5 are objected to because of the following informalities: Claims 2, 3 and 5 , lines 1 - 2, "wherein facilitating applying the determined adjustment" should read --wherein the facilitating applying the determined adjustment-- . Appropriate correction is required. 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 appl icant regards as his invention. Claim s 1 – 26 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. Claim 1 recites the limitation " the treatment " in line 7 . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 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 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. Claim s 1 – 2, 4 – 5, 7 – 8, 11 , 18 – 20, 23, 26 – 2 8 , 34 and 55 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kopelman ( US 20160199215 A1 ). Regarding claim 1, Kopelman teaches a system ([0005]) comprising: a control system including one or more processors (“one or more processors” [0021] – [0023], [0025], [0027] – [0029], [0053], [0060] – [0061], [0066] - [0070], [0075] – [0080], [0086], [0088], [0092] – [0093], [0099], [0102]); and a memory (“memory”, [0006] – [0007], [0021], [0023], [0066], [0070], [0099], [0117], [0134], [0137]), the control system coupled to the memory ([0021], [0066], [0070], [0099]), the memory having stored thereon machine readable instructions ([0023], [0137] – [0139]) which, when executed on the one or more processors ([0023], [0137] – [0139]), causes the one or more processors to perform operations (“one or more processors” [0021] – [0023], [0025], [0027] – [0029], [0053], [0060] – [0061], [0066] - [0070], [0075] – [0080], [0086], [0088], [0092] – [0093], [0099], [0102]) including: receiving sensor data from one or more sensors (“one or more sensors” [0066] Figure 5; [0006] – [0008], [0021] – [0024], [0026] – [0027], [0072], [0079], [0081], [0085], [0089], [0092], [0094]) external to a user using an oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) for the treatment of a sleep condition ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]); automatically determining an adjustment associated with the oral appliance based on the sensor data ([0021] – [0028], [0066] – [0072], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]); and facilitating applying the determined adjustment to the oral appliance in response to automatically determining the adjustment ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]). Regarding claim 2, Kopelman teaches all limitations of claim 1. Kopelman teaches facilitating applying the determined adjustment includes presenting a display of one or more adjustment parameters (“a display to send visual information to a user”, [0135]; [0136]) to facilitate manual adjustment of the oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) based on the one or more adjustment parameters ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102], [0135] – [0136]). The limitation “to facilitate manual adjustment of the oral appliance based on the one or more adjustment parameters” is intended use. Since Kopelman teaches the device has adjustment of the oral appliance based on the adjustment parameters, ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102], [0135] – [0136]), the device of Kopelman is capable of performing the intended use as claimed. Regarding claim 4, Kopelman teaches all limitations of claim 1. Kopelman teaches the oral appliance is a mandibular repositioning device ([0005], [0030] – [0031], [0035], [0038], [0041], [0044] – [0048], [0053] - [0054], [0058], [0060] – [0061], [0068], [0079], [0083] – [0084], [0091] – [0092], [0097], [0099] – [0101]), and wherein the sleep condition is a sleep disordered breathing condition ([0005], [0030], [0061], [0063], [0068] - [0070], [0102]), and wherein the sleep disordered breathing condition is obstructive sleep apnea (“obstructive sleep apnea” [0005], [0069], [0057] – [0070]) or snoring (“snoring” [0005], [0030], [0061], [0063], [0069] [0102]). Regarding claim 5, Kopelman teaches all limitations of claim 1. Kopelman teaches facilitating applying the determined adjustment includes transmitting an adjustment signal to the oral appliance (“to transmit control signals to an intraoral appliance in response to detection of sleep apnea symptoms. The control signals can cause the intraoral appliance to displace the lower jaw to a position and for a duration provided by the machine learning algorithm to treat the sleep apnea event effectively while decreasing unwanted side effects”, [0005], [0021] – [0027]). Regarding claim 7, Kopelman teaches all limitations of claim 5. Kopelman teaches the operations further comprise: receiving additional sensor data from the one or more sensors ([0005], [0021] – [0027], [0047] – [0048], [0061], [0063], [0066], [0070], [0078] – [0079], [0082], [0084], [0086] – [0087], [0090], [0095] – [0097], [0100] – [0113], [0116] – [0129]), wherein the additional sensor data is associated with use of the oral appliance after dynamically adjusting the oral appliance based on the determined adjustment ([0005], [0021] – [0027], [0047] – [0048], [0061], [0063], [0066], [0070], [0078] – [0079], [0082], [0084], [0086] – [0087], [0090], [0095] – [0097], [0100] – [0113], [0116] – [0129]); automatically determining an additional adjustment associated with the oral appliance based on the additional sensor data ([0005], [0021] – [0027], [0047] – [0048], [0061], [0063], [0066], [0070], [0078] – [0079], [0082], [0084], [0086] – [0087], [0090], [0095] – [0097], [0100] – [0113], [0116] – [0129]); and facilitating applying the determined additional adjustment to the oral appliance in response to automatically determining the additional adjustment ([0005], [0021] – [0027], [0047] – [0048], [0061], [0063], [0066], [0070], [0078] – [0079], [0082], [0084], [0086] – [0087], [0090], [0095] – [0097], [0100] – [0113], [0116] – [0129]). Examiner interprets the usage of “machine learning” to read on the limitation of claim 7. Regarding claim 8, Kopelman teaches all limitations of claim 5. Kopelman teaches automatically determining the adjustment associated with the oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) based on the sensor data ([0021] – [0027], [0047] – [0048], [0061], [0063], [0066], [0070], [0078] – [0079], [0082], [0084], [0086] – [0087], [0090], [0095] – [0097], [0100] – [0113], [0116] – [0129]) includes determining a state or event associated with the user ([0065], [0072], [0079] [0099] – [0100], [0082], [0113]), the state or event being i) a pre- sleep state (“the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep” [0072]), ii) a post-onset-of-sleep state (“the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep” [0072]; “can identify irregularities in the sleep patterns” [0065]; [0079] [0099] – [0100], [0082], [0113]), iii) an apnea event (“onset of sleep apnea event” [0006] – [0008], [0021] – [0023], [0058], [0069]), or iv) any combination of i-iii ([0072], [0079], [0099] – [0100], [0082], [0113]), wherein the determined adjustment is a preset adjustment for the determined state or event ([0072], [0079], [0097], [0099] – [0100], [0082], [0113]). Regarding claim 11, Kopelman teaches all limitations of claim 5. Kopelman teaches automatically determining the adjustment associated with the oral appliance based on the sensor data ([0021] – [0028], [0066] – [0072], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]) includes predicting a future apnea event (“The controller and/or processor can be configured to collect data on the patient's apnea patterns over time and use such data to predict an onset of an apnea event.” [0035]; “in order to determine whether a sleep apnea event is imminent ” [0058]; [0072], [0079], [0097], [0099] – [0100], [0082], [0113]), wherein the determined adjustment is a pre-apnea adjustment for avoiding or minimizing the future apnea event ((“The controller and/or processor can be configured to collect data on the patient's apnea patterns over time and use such data to predict an onset of an apnea event.” [0035]; “in order to determine whether a sleep apnea event is imminent ” [0058]; [0072], [0079], [0097], [0099] – [0100], [0082], [0113]). Regarding claim 18, Kopelman teaches all limitations of claim 1. Kopelman teaches the operations further comprise: receiving subjective feedback from the user ([0030], [0050], [0061], [0092], [0096], [0098]); and associating the subjective feedback with the sensor data ([0030], [0050], [0061], [0092], [0096], [0098]), wherein automatically determining the adjustment is further based on the subjective feedback associated with the sensor data ([0030], [0050], [0061], [0092], “The use of feedback data to train and update the machine learning algorithm can further improve the patient-specific characteristics of the algorithm and accuracy of the algorithm in determining effective treatment plans for the patient's sleep apnea.” [0096], [0098]). Regarding claim 19, Kopelman teaches all limitations of claim 1. Kopelman teaches the operations further comprise determining a sleep stage (“patient status during sleep ”[0060]; “sleep patterns” [0065] and [0072]) based on the sensor data (“the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep” [0072]; “can identify irregularities in the sleep patterns” [0065]; [0079] [0099] – [0100], [0082], [0113]),), wherein automatically determining the adjustment ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]) comprises using the determined sleep stage (“the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep” [0072]; “can identify irregularities in the sleep patterns” [0065]; [0079] [0099] – [0100], [0082], [0113]). Regarding claim 20, Kopelman teaches all limitations of claim 1. Kopelman teaches automatically determining the adjustment ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]) includes: determining physiological data from the sensor data (“sensors embedded in the appliance and/or external to the appliance can be configured to, when worn, continuously collect data to build a patient-specific profile including patient status during sleep, e.g. sleep sounds, airflow, temperature, heart rate, EKG, sleep position, and the like.” [0060]; “Physiological information that can be monitored by the sensors described herein includes, without limitation: breathing sounds, snoring sounds, breathing rate, respiratory air flow, chest expansion, oxygen level, cardiac data (e.g., heart rate, EKG data), sleeping position, sleeping movements, blood pressure, brain activity (e.g., EEG data) and/or variants thereof and/or combinations thereof.” [0073]; [0074] – [0075]), wherein the physiological data comprises a breathing rate ([0060], [0073] – [0076]), a heart rate ([0060], [0073] – [0075]), or a blood oxygenation level ([0073] – [0075]); identifying a desired change in the physiological data (“The sensor data can be indicative of events and/or patient symptoms, such as symptoms associated with the onset of a sleep apnea event, and/or a lessening of symptoms associated with a sleep apnea event . In some embodiments, the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep.” [0072]); and determining the adjustment based on the desired change in the physiological data (“The sensor data can be indicative of events and/or patient symptoms, such as symptoms associated with the onset of a sleep apnea event, and/or a lessening of symptoms associated with a sleep apnea event . In some embodiments, the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep.” [0072]; [0073] – [0076]). Regarding claim 23, Kopelman teaches all limitations of claim 1. Kopelman teaches the one or more sensors (“one or more sensors” [0066] Figure 5; [0006] – [0008], [0021] – [0024], [0026] – [0027], [0072], [0079], [0081], [0085], [0089], [0092], [0094]) comprise a non-contact sensor (“the sensors may be external to the patient, such as an external microphone to detect breathing sounds, an external camera to detect sleep position, an EKG machine to determine heart rate, and/or variants thereof and/or combinations thereof” [0075]) spaced apart from the user ([0075]), and wherein at least one of the one or more sensors is housed in a smartphone (“mobile smart phone” [0133]; “iPhone” [0143]) or tablet (“iPad” [0143]). Regarding claim 26, Kopelman teaches all limitations of claim 1. Kopelman teaches the operations further comprise: accessing at least one historical determined adjustment associated with the oral appliance based on historical sensor data from a previous use of the oral appliance (“Instructions executed by the processors can comprise machine learning algorithms that optimize both the detection of symptoms and the course of treatment based on or in response to patient-specific factors and data, such as previous sleep apnea events of the patient” [0005]; “previous sleep patterns” [0024] – [0025], [0067], [0084], [0100]; [0030], [0050], [0061], [0092], [0094], [0096], [0098]); and determining effectiveness of the at least one historical determined adjustment based on at least one of the sensor data and historical sensor data (“Updating the machine learning algorithm can comprise training the algorithm using the stored data as training data. Updating the machine learning algorithm can comprise updating the correlations, models, classifications, or other data structures used by the machine learning algorithm to generate the determinations and predictions described herein. This approach allows the system to continue learning and adapting to the patient's sleep patterns and sleep apnea patterns, as well as to continue improve the effectiveness of the mandibular advancement treatment regimen in treating the sleep apnea. Accordingly, the treatment system can become increasingly customized to the patient as the system is used over time.” [0100]), wherein automatically determining the adjustment is further based on the determined effectiveness of the historical determined adjustment ([0100]). Regarding claim 27, Kopelman teaches a method for adjusting an oral appliance ([0005], [0021] – [0022], [0025], [0027], [0036] – [0037]) comprising: receiving sensor data from one or more sensors (“one or more sensors” [0066] Figure 5; [0006] – [0008], [0021] – [0024], [0026] – [0027], [0072], [0079], [0081], [0085], [0089], [0092], [0094]) external to a user using an oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) for the treatment of a sleep condition ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]) for the treatment of a sleep condition ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]); automatically determining an adjustment associated with the oral appliance based on the sensor data ([0021] – [0028], [0066] – [0072], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]); and facilitating applying the determined adjustment to the oral appliance in response to automatically determining the adjustment ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]). Regarding claim 28, Kopelman teaches all limitations of claim 27. Kopelman teaches facilitating applying the determined adjustment includes i) presenting a display of one or more adjustment parameters to facilitate manual adjustment of the oral appliance based on the one or more adjustment parameters (“the digital processing device includes a display to send visual information to a user” [0135]); ii) actuating one or more actuators of an oral appliance receptacle to apply the determined adjustment to the oral appliance, wherein the oral appliance receptacle is configured to receive the oral appliance when not used by the user; iii) transmitting an adjustment signal to the oral appliance (“Processors as described herein can execute instructions to transmit control signals to an intraoral appliance in response to detection of sleep apnea symptoms. The control signals can cause the intraoral appliance to displace the lower jaw to a position and for a duration provided by the machine learning algorithm to treat the sleep apnea event effectively while decreasing unwanted side effects.” [0005], [0021] – [0027]); iv) dynamically adjusting the oral appliance based on the determined adjustment while the user is sleeping ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]); or v) any combination of i-iv ([0021] – [0028], [0066] – [0072], [0077], [0081] – [0082], [0085] – [0086], [0089] – [0090], [0094] – [0096], [0102]). Regarding claim 34, Kopelman teaches all limitations of claim 27. Kopelman teaches automatically determining the adjustment associated with the oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) based on the sensor data ([0021] – [0027], [0047] – [0048], [0061], [0063], [0066], [0070], [0078] – [0079], [0082], [0084], [0086] – [0087], [0090], [0095] – [0097], [0100] – [0113], [0116] – [0129]) includes determining a state or event associated with the user ([0065], [0072], [0079] [0099] – [0100], [0082], [0113]), the state or event being i) a pre- sleep state (“the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep” [0072]), ii) a post-onset-of-sleep state (“the sensor data is indicative of sleep patterns of the patient and/or physiological information of the patient during sleep” [0072]; “can identify irregularities in the sleep patterns” [0065]; [0079] [0099] – [0100], [0082], [0113]), iii) an apnea event (“onset of sleep apnea event” [0006] – [0008], [0021] – [0023], [0058], [0069]), or iv) any combination of i-iii ([0072], [0079], [0099] – [0100], [0082], [0113]), wherein the determined adjustment is a preset adjustment for the determined state or event ([0072], [0079], [0097], [0099] – [0100], [0082], [0113]). Regarding claim 55, Kopelman teaches all limitations of claim 27. Kopelman teaches a computer program product (“digital processing device” [0137]; “computer program” [0138]) tangible embodied in a non-transitory machine-readable storage medium ([0023], [0137]), comprising instructions ([0005], [0023], [0137] – [0139]) which, when executed by a computer (“computer” [0138]; [0137] – [0139]), cause the computer to carry out ([0005], [0137] – [0139]) the method of claim 27. 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 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kopelman in view of Rahilly ( US 20130325183 A1 ) . Regarding claim 3 , Kopelman teaches all limitations of claim 1. Kopelman teaches facilitating applying the determined adjustment includes actuating one or more actuators (“actuator 508” [0066] , [0068] Figure 5; [0028], [0050] – [0051], [0053] – [0056], [0069] ) of an oral appliance ([0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) to apply the determined adjustment to the oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) , Kopelman does not teach the one or more actuators are of an oral receptacle and wherein the receptacle is configured to receive the appliance when not used by the user. However, Rahilly discloses a “ receptacle adapted for removable placement on a retention tray ” (abstract) and teaches one or more actuators (“actuator 242” [0034] Figure 3) of a receptacle (“receptacle 200” [0032] Figure 3) , wherein the receptacle (200) is configured to receive an appliance (“medication” [0006], [0041]) when not used by the user ([0006], [0041]) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kopelman to incorporate one or more actuators in a receptacle and wherein the receptacle is configured to receive the appliance when not used by the user , as taught by Rahilly, for the benefit of protecting the appliance ([0006]) while maintaining hygiene. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kopelman in view of McCreery (US 20200121492 A1). Regarding claim 12 , Kopelman teaches all limitations of claim 1. Kopelman teaches the oral appliance (“intraoral appliance 506” [0066], [0068] – [0069] Figure 5; [0021] – [0023], [0026] – [0028], [0032], [0041] – [0046], [0053] – [0055], [0076], [0083], [0085], [0087], [0091], [0098]) . Kopelman does not teach the oral appliance includes an electrical stimulator for applying electrical stimulus to the user, wherein applying the determined adjustment includes activating the electrical stimulator or adjusting a setting of the electrical stimulator, and wherein the electrical stimulator includes one or more electrodes for directing the electrical stimulus to a tongue muscle or tongue nerve of the user. However, McCreery discloses an “ intraoral stimulation device configured to be positioned in a mouth of a patien t” (abstract) and teaches an electrical stimulator for applying electrical stimulus to the user ([0117]) , wherein applying the determined adjustment includes activating the electrical stimulator or adjusting a setting of the electrical stimulator (“The biofeedback training application 350 (see FIG. 10) may apply the conditioning electrical stimulus through the electrode(s) 114 (see FIG. 1)” [0117]), and wherein the electrical stimulator ([0117]) includes one or more electrodes (“electrode(s) 182” [0117] Figure 7) for directing the electrical stimulus to a tongue muscle or tongue nerve of the user (“ directly stimulate the nerves that extend the tongue ” [0117]) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kopelman to incorporate an electrical stimulator for applying electrical stimulus to the user, wherein applying the determined adjustment includes activating the electrical stimulator or adjusting a setting of the electrical stimulator, and wherein the electrical stimulator includes one or more electrodes for directing the electrical stimulus to a tongue muscle or tongue nerve of the user , as taught by McCreery, for the benefit of adjusting the tongue to more from the undesired position to the desired position ( McCreery: abstract ). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kopelman in view of Oexman et al (US 20110010014 A1, hereinafter “Oexman”). Regarding claim 15 , Kopelman teaches all limitations of claim 1. Kopelman teaches the operations further comprise: determining that the user is using the oral appliance based on the received sensor data; and transmitting a signal to an external device (“ an external device ” [0035]; [0037], [0060], [0075] – [0076], [0099]) in response to determining that the user is using the oral appliance ( [0060], [0075] – [0076] , [0099]) , wherein the signal, when received by the external device, adjusts a setting of the external device ([ 0060], [0075] – [0076], [0099] ). Kopelman does not teach wherein the external device includes an inflatable bladder, and wherein adjustment of the setting of the external device includes adjusting the inflatable bladder to urge the user into a desired sleeping position . However, Oexman discloses and teaches an external device (“ adjustable head support member 500 ” [0047]) which includes an inflatable bladder (“inflatable members 520 and 530” [0047] Figure 5; [0046]) , and wherein adjustment of the setting of the external device includes adjusting the inflatable bladder (“the sleeping position of the person can be determined and the pressures of the inflatable members 520 and 530 can be controlled so that the adjustable head support member 500 provides the optimal support characteristics for the person” [0047]) to urge the user into a desired sleeping position ([0047]). The limitation “to urge the user into a desired sleeping position” is intended use. Since Oexman teaches the device can be controlled and provides the optimal support characteristics for the person, ([0047]) , the device of Oexman is capable of performing the intended use as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kopelman such that the external device includes an inflatable bladder, and wherein adjustment of the setting of the external device includes adjusting the inflatable bladder to urge the user into a desired sleeping position, as taught by Oexman, for the benefit of promoting better sleep environment (Oexman: [0003]). Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kopelman in view of Hindin (US 20080076094 A1). Regarding claim 21 , Kopelman teaches all limitations of claim 1. Kopelman teaches automatically determining the adjustment . Kopelman does not teach automatically determining the adjustment includ es : estimating an autonomic tone of the user based on the sensor data; identifying a desired change in the autonomic tone; and determining the adjustment based on the desired change in the autonomic tone. However, Hindin discloses a “ system and method for facilitating adjustment of an oral appliance ” (abstract) and teaches estimating an autonomic tone of the user based on the sensor data (“heart rate variability” [0016]; “observing any physiological data from the sensors at Step S16” [0018]); identifying a desired change in the autonomic tone ([0018]); and determining the adjustment based on the desired change in the autonomic tone (“make further adjustments to the appliance at Step S18 in response to the data received at Step S16.” [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kopelman such that automatically determining the adjustment includes estimating an autonomic tone of the user based on the sensor data; identifying a desired change in the autonomic tone; and determining the adjustment based on the desired change in the autonomic tone , as taught by Hindin , for the benefit of providing a safe and beneficial modifications of the oral appliance for the user (Hindin: abstract and [0030]) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Miyao et al ( JP 2005312853 A ) discloses “ an intraoral apparatus capable of leading to a nasal respiration habit from an oral respiration habit ” (Myiao et al: abstract) . Hong et al ( US 20080168994 A1 ) discloses “ apparatus for preventing snoring includes a human body wearable unit to be worn by a sleeper ” (Hong: abstract) . Veis ( US 20190000662 A1 ) discloses an “ oral appliance for treating sleep apnea ” (Veis: abstract) and the “ receptacles 20 of the upper dental tray 100 and the lower dental tray 200 can each be configured to receive and retain an orthodontic tray 25, or alternatively the receptacles 20 of the upper dental tray 100 and the lower dental tray 200 can each be configured to reposition one or more teeth of a subject and/or to change the configuration of a subject's mandible and/or maxilla when the appliance is worn by the subject ” (Veis: [0006]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JULIE T TRAN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-4677 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday from 8:30 am - 5:00 pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Alexander Valvis can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-4233 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JULIE THI TRAN/ Examiner, Art Unit 3791 /CARRIE R DORNA/ Primary Examiner, Art Unit 3791