DETAILED ACTION
This action is in response to the amendment filed 2/26/2026. Currently, claims 1-20 are pending in the application. Claims 1-7 and 15-20 are withdrawn and not examined at this point.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/26/2026 has been entered.
Response to Amendment
Applicant should note that claims 8 and 14 are not properly marked up relative to the immediate prior version of entered and examined claims filed 9/3/2025. Per the MPEP, “All claims being currently amended must be presented with markings to indicate the changes that have been made relative to the immediate prior version.” (See MPEP 714(II)(C.)(B).)
Response to Arguments
Applicant’s amendment to claim 8 is sufficient to overcome the previous objection to claim 8. Applicant’s amendment to claim 11 is sufficient to overcome the previous objection to claim 11.
Applicant’s amendment to claim 14 is sufficient to overcome the previous rejection of claim 14 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph.
Applicant's arguments filed 2/26/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Woods does not teach separate identification of a non-woven fabric layer (sheet of material 1) and adhesive layer (layer of hypoallergenic adhesive 2) within the “device,” nor explicit dimensional constraints requiring that the backing sheet has identical width and length to both such layers, the examiner respectfully disagrees. Woods explicitly teaches in column 1, lines 49-54 “an anti-snoring device comprising a sheet of flexible, tear-resistant material, a hypoallergenic adhesive applied to the back face of said material, and a backing sheet which covers the adhesive back of said material.” Further, Woods teaches in column 2, lines 62-64 that “the adhesive is applied uniformly over the entire back surface of the sheet of material.” Thus, it is clear that the non-woven fabric layer (sheet of material 1) and adhesive layer (layer of hypoallergenic adhesive 2) have the same size, and that the removable backing (strippable protective backing sheet 3) is also of the same size (column 3, lines 10-13 teaches “the backing sheet is of a size large enough to cover the back face of the device, and optionally, can be made in the same size and shape as the device”).
Oath/Declaration
Applicant's Oath/Declaration filed 2/26/2026 has been fully considered but is not persuasive. Applicant’s Declaration provides evidence that the claimed invention achieves unexpected results relative to an “undersized backing” and an “oversized backing.” This is not found persuasive because Woods does not teach an undersized or oversized backing and instead, teaches a removable backing (strippable protective backing sheet 3) that is of the same size as the non-woven fabric layer (sheet of material 1) and the adhesive layer (layer of hypoallergenic adhesive 2), as discussed above. Thus, Applicant’s evidence is not applicable to the teaching(s) of Woods.
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) 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo (US 2006/0015055 A1) in view of Woods (US 4,817,636 A).
In regards to claims 8 and 11, Kuo teaches in Figures 1 and 1A, [0005] and [0018] a non-woven fabric layer (cloth 11; [0018] teaches “the cloth 11 is made of fibrous polymer materials” and “the fibrous polymer material includes non-woven fabrics, nylon cotton or other fibrous cloth”) having a top surface (uppermost surface of cloth 11), a corresponding bottom surface (lowermost surface of cloth 11), and a marginal edge portion (encircling perimeter edge) integral with and surrounding (as shown in Figure 1) the top surface (uppermost surface of cloth 11) and the bottom surface (lowermost surface of cloth 11), wherein the non-woven fabric layer (cloth 11; [0018] teaches “the cloth 11 is made of fibrous polymer materials” and “the fibrous polymer material includes non-woven fabrics, nylon cotton or other fibrous cloth”) is configured to fit onto a portion of a user's upper and lower lips (cloth 11 is capable of being positioned such that it engages a portion of a user's upper and lower lips); a plurality of spaced apart apertures (air permeable holes 13 positioned within cloth 11) formed to extend through (as shown in Figure 1A) the non-woven fabric layer (cloth 11; [0018] teaches “the cloth 11 is made of fibrous polymer materials” and “the fibrous polymer material includes non-woven fabrics, nylon cotton or other fibrous cloth”) to provide air flow between ([0005] teaches “a plurality of holes 13 is punched on the tape 10 to enhance the air permeability;” air is capable of being conducted from the uppermost surface of cloth 11 to the lowermost surface of cloth 11 (and vice versa) via holes 13) the top surface (uppermost surface of cloth 11) and the bottom surface (lowermost surface of cloth 11) of the non-woven fabric layer (cloth 11; [0018] teaches “the cloth 11 is made of fibrous polymer materials” and “the fibrous polymer material includes non-woven fabrics, nylon cotton or other fibrous cloth”); an adhesive layer (epoxy layer 12; [0005] teaches “the epoxy layer 12 can also be formed by using pressure sensitive thermal glue” and “the thermal glue is transferred to the cloth 11 by means of a pressure roller, or permeated to the fiber of the cloth 11 to achieve similar adhesive effect”) having an upper surface (uppermost surface of epoxy layer 12) and a corresponding lower surface (lowermost surface of epoxy layer 12), the upper surface (uppermost surface of epoxy layer 12) of the adhesive layer (epoxy layer 12; [0005] teaches “the epoxy layer 12 can also be formed by using pressure sensitive thermal glue” and “the thermal glue is transferred to the cloth 11 by means of a pressure roller, or permeated to the fiber of the cloth 11 to achieve similar adhesive effect”) being attached to (as shown in Figures 1 and 1A) the bottom surface (lowermost surface of cloth 11) of the non-woven fabric layer (cloth 11; [0018] teaches “the cloth 11 is made of fibrous polymer materials” and “the fibrous polymer material includes non-woven fabrics, nylon cotton or other fibrous cloth”), wherein the adhesive layer (epoxy layer 12; [0005] teaches “the epoxy layer 12 can also be formed by using pressure sensitive thermal glue” and “the thermal glue is transferred to the cloth 11 by means of a pressure roller, or permeated to the fiber of the cloth 11 to achieve similar adhesive effect”) is configured to facilitate removably attaching the non-woven fabric layer (cloth 11; [0018] teaches “the cloth 11 is made of fibrous polymer materials” and “the fibrous polymer material includes non-woven fabrics, nylon cotton or other fibrous cloth”) to the portion of the user's upper and lower lips ([0005] teaches “the epoxy layer 12 is sprayed or coated on one surface of the cloth 11 for adhering the air permeable tape 10 on human body;” cloth 11 is capable of being removably attached to the portion of the user's upper and lower lips using epoxy layer 12); a plurality of spaced apart apertures (air permeable holes 13 positioned within epoxy layer 12) formed to extend through (as shown in Figure 1A) the adhesive layer (epoxy layer 12; [0005] teaches “the epoxy layer 12 can also be formed by using pressure sensitive thermal glue” and “the thermal glue is transferred to the cloth 11 by means of a pressure roller, or permeated to the fiber of the cloth 11 to achieve similar adhesive effect”) to provide air flow between ([0005] teaches “a plurality of holes 13 is punched on the tape 10 to enhance the air permeability;” air is capable of being conducted from the uppermost surface of epoxy layer 12 to the lowermost surface of epoxy layer 12 (and vice versa) via holes 13) the upper surface (uppermost surface of epoxy layer 12) and the lower surface (lowermost surface of epoxy layer 12) of the adhesive layer (epoxy layer 12; [0005] teaches “the epoxy layer 12 can also be formed by using pressure sensitive thermal glue” and “the thermal glue is transferred to the cloth 11 by means of a pressure roller, or permeated to the fiber of the cloth 11 to achieve similar adhesive effect”).
Kuo does not teach a removable backing being configured to cover the adhesive layer, wherein the removable backing is removably attached to the lower surface of the adhesive layer; and wherein the removable backing has an identical width and length to the adhesive layer and to the non-woven fabric layer; and wherein the removable backing is formed from at least one material selected from the group consisting of cotton, biodegradable plastic material, and paper.
However, Woods teaches in Figures 1 and 2, column 2, lines 24-26 and 53-54, column 3, lines 4-9 an analogous device with a removable backing (strippable protective backing sheet 3) being configured to cover (column 2, lines 24-26 teaches “a strippable protective backing sheet 3 covering the adhesive back face;” column 3, lines 4-5 teaches “the adhesive backing of the device is covered by a protective backing sheet”) the adhesive layer (layer of hypoallergenic adhesive 2), wherein the removable backing (strippable protective backing sheet 3) is removably attached to (column 2, lines 24-26 teaches “a strippable protective backing sheet 3 covering the adhesive back face;” column 3, lines 6-9 teaches “the backing sheet, preferably made of paper, can be coated on its inner face, i.e., the face to be attached to the adhesive, so that the device can easily be peeled off the backing sheet”) the lower surface (“adhesive back face,” taught in column 2, line 25) of the adhesive layer (layer of hypoallergenic adhesive 2); and wherein the removable backing (strippable protective backing sheet 3) has an identical width and length to (column 3, lines 10-13 teaches “the backing sheet is of a size large enough to cover the back face of the device, and optionally, can be made in the same size and shape as the device”) the adhesive layer (layer of hypoallergenic adhesive 2) and with the non-woven fabric layer (sheet of material 1; column 2, lines 53-54 teaches “the device is made of a sheet of material, preferably paper or non-woven fabric”); and wherein the removable backing (strippable protective backing sheet 3) is formed from at least one material selected from the group consisting of cotton, biodegradable plastic material, and paper (column 3, line 6 teaches “the backing sheet, preferably made of paper”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the adhesive layer of Kuo to include a removable backing being configured to cover the adhesive layer, wherein the removable backing is removably attached to the lower surface of the adhesive layer; and wherein the removable backing has an identical width and length to the adhesive layer and to the non-woven fabric layer; and wherein the removable backing is formed from at least one material selected from the group consisting of cotton, biodegradable plastic material, and paper as taught by Woods because this element is known to provide a “protective” layer upon the adhesive layer that maintains the integrity thereof, as Woods teaches in the abstract.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo (US 20060015055 A1), in view of Woods (US 4,817,636 A) and further in view of Takaki (US 20060216523 A1).
In regards to claim 9, Kuo and Woods teach the apparatus of claim 8. Kuo and Woods do not teach that the non-woven fabric layer is formed from viscose rayon.
However, Takaki teaches in [0057] an analogous device wherein the non-woven fabric layer is formed from viscose rayon ([0057] teaches “non-limiting examples of the high moisture-permeable and/or high air-permeable substrate used as the substrate of the medical adhesive tape of the present invention include a non-woven fabric sheet such as rayon and polyester”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the non-woven fabric layer of Kuo as modified by Woods to provide that the non-woven fabric layer is formed from viscose rayon as taught by Takaki because this element is known to be a “high air-permeable substrate used as the substrate of the medical adhesive tape,” as Takaki teaches in [0057].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo (US 20060015055 A1), in view of Woods (US 4,817,636 A) and further in view of Heinecke et al. (US 6,685,682 B1).
In regards to claim 10, Kuo and Woods teach the apparatus of claim 8. Kuo and Woods do not teach that the adhesive layer is formed from acrylate copolymer.
However, Heinecke et al. teaches in the abstract and columns 5-6, lines 65-2 an analogous device wherein the adhesive layer is formed from acrylate copolymer (the abstract teaches ; column 5-6, lines 65-2 teaches a pressure sensitive adhesive coating/layer; columns 5-6, lines 65-2 teaches acrylate copolymers being a preferred such adhesive).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the adhesive layer of Kuo as modified by Woods to provide that the adhesive layer is formed from acrylate copolymer as taught by Heinecke et al. because this element is known to be an adhesive material that is “safe to use on human skin” and “hypoallergenic,” as Heinecke et al. teaches in columns 5-6, lines 65-2.
Claim(s) 12 and 13 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo (US 20060015055 A1), in view of Woods (US 4,817,636 A) and further in view of Kinzer (US 5238618 A).
In regards to claims 12 and 13, Kuo and Woods teach the apparatus of claim 8. Kuo and Woods do not teach that a laminate is attached to the top surface of the non-woven fabric layer, the laminate comprising a breathable film; and wherein the breathable film is one or more of: a microporous film, a monolithic film.
However, Kinzer teaches in column 10, lines 24-30 an analogous device wherein a laminate (microporous sheet material) is attached to the top surface of the non-woven fabric layer (nonwoven fabric), the laminate (microporous sheet material) comprising a breathable film; and wherein the breathable film is one or more of: a microporous film (column 10, lines 24-30 teaches “microporous sheet materials of the invention may be laminated to various other materials such as, for example, woven, knitted, or nonwoven fabrics”), a monolithic film.
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the non-woven fabric layer of Kuo as modified by Woods to include that a laminate is attached to the top surface of the non-woven fabric layer, the laminate comprising a breathable film; and wherein the breathable film is one or more of: a microporous film, a monolithic film as taught by Kinzer because this element is known in the art to be a means “to achieve, for example desired porosity gradients, handling properties, and aesthetics,” as Kinzer teaches in column 10, lines 24-30.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo (US 20060015055 A1), in view of Woods (US 4,817,636 A) and further in view of STUKEY (US 1,483,694 A).
In regards to claim 14, Kuo and Woods teach the apparatus of claim 8. Kuo and Woods do not teach that the marginal edge portion of the non-woven fabric layer comprises a flexible member encasing the perimeter of the non-woven fabric layer, the flexible member being made of a plastic, silicone, rubber, non-woven fabric, or woven fabric.
However, STUKEY teaches in Figures 8 and 9, page 1, line 85 and page 2, lines 4-7 and 8-12 an analogous device wherein the marginal edge portion (encircling perimeter edge) of the non-woven fabric layer (membrane 4; taught in page 2, lines 4-7 to be made of rubber) comprises a flexible member (rubber tube 2; page 2, lines 4-7 teaches rubber material being “flexible”) encasing (as shown in Figure 9) the perimeter (edges of the membrane 4) of the non-woven fabric layer (membrane 4), the flexible member (rubber tube 2; page 2, lines 4-7 teaches rubber material being “flexible”) being made of a plastic, silicone, rubber (page 1, line 85 teaches “rubber tube 2;” page 2, lines 8-12 teaches “the frame is constructed entirely of rubber that is hardened sufficiently to have considerable resiliency and to this frame is vulcanized the edges of the membrane 4”), non-woven fabric, or woven fabric.
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the marginal edge portion of the non-woven fabric layer of Kuo as modified by Woods to comprise a flexible member encasing the perimeter of the non-woven fabric layer, the flexible member being made of a plastic, silicone, rubber, non-woven fabric, or woven fabric as taught by STUKEY because this element is known to provide a protective member to resist corrosion of the perimeter of the non-woven fabric layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 3/4/2026