DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
1. Applicant’s arguments and amendments, filed 12/09/2025, with respect to the rejection(s) of claim(s) 1-2, 4-8, and 10-13 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wu (US 20220265253 A1).
Regarding the amendments and arguments for claims 14-20, the rejection still stands. The Applicant argues that the art of Cockrell does not teach that the light guide forms an optical axis in a direction parallel to a length of the light guide from the base end to the distal end, the Examiner respectfully disagrees. As shown below, line C shows the device creates an optical axis that is parallel to the light guide running from the base (A) to distal end (B)
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Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
2. Claim(s) 14-16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cockrell (US 20210290971 A1).
In regards to claim 14, Cockrell discloses an illumination device (Abstract) comprising:
at least one light source (Par. 0320 teaches a light source);
driver circuitry configured to drive the at least one light source (Par. 0021 discloses that the system comprises driver circuitry);
a light guide optically coupled to the at least one light source, the light guide comprising a base end that is proximate the at least one light source, a distal end, and a center region that is between the base end and the distal end, the light guide forming an optical axis that is parallel to a length of the light guide from the base end to the distal end (Fig 54A shows the system having a base, a distal end, and a center region – the base being the portion being closer to element 4302 and the distal end being closer to element 4332, the same arrangement as shown and described in Par. 0040 of the applicant’s specification); and
a light guide positioner arranged about a periphery of the center region, the light guide positioner comprising an upper biting surface, a lower biting surface, and an inflection point of the light guide positioner that is defined where the upper biting surface transitions to the lower biting surface, the inflection point of the being offset from the optical axis (Par. 0363-0368 and Fig 54 A show the device having bite guards/biting surfaces [4804] with upper and lower portions. Fig 54A shows the arrangement/angles).
In regards to claim 15, Cockrell discloses the illumination device of claim 14, further comprising a tongue depressor that extends from the distal end of the light guide (Par. 0364 discloses a tongue depressor).
In regards to claim 16, Cockrell discloses the illumination device of claim 15, wherein the optical axis is positioned between the inflection point of the light guide positioner and the tongue depressor (Fig 54A).
In regards to claim 20, Cockrell discloses the illumination device of claim 14, wherein the lower biting surface is angled toward the optical axis such that at least a planar portion of the upper biting surface is closer to parallel with the optical axis than the lower biting surface (Fig 54A of Cockrell).
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.
3. Claim(s) 17-19 and is/are rejected under 35 U.S.C. 103 as being unpatentable over Cockrell (US 20210290971 A1) in view of Young (US 20200261197 A1).
In regards to claim 17, Cockrell discloses the illumination device of claim 14, wherein the light guide positioner comprises a first incisor tab proximate the upper biting surface and a second incisor tab proximate the lower biting surface (Fig 48 A-D and Par. 0363 of Cockrell teach the system comprising a mouthpiece with protrusions [4806] that are arranged to engage the back teeth, i.e. incisors, of the user).
While the art of Cockrell discloses the device having incisor tabs on the upper and lower portion of the mouth piece, it does not explicitly teach that one of the tabs is closer to the base of the device than the other tab.
However, in the same field of endeavor, Young teaches a light therapy system that is applied to the mouth (Abstract) wherein the system comprises two tabs/portions for the upper and lower incisors/teeth to sit on (Par. 0108 and Fig 7 elements 210a and 210b) wherein the lower potion [210b] sits closer to the base in order to compensate for an overbite and provide more comfort for the user (Par. 0108)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have taken the teachings of Cockrell and modified them by having one of the incisor tabs closer to the base than the other, as taught and suggested by Young, in order to compensate for an overbite and provide more comfort for the user (Par. 0108 of Young)
In regards to claims 18-19, the combined teachings of Cockrell and Young disclose the light guide assembly of claim 1, wherein a tilt angle is formed between a first line perpendicular to the optical axis and a second line that intersects the first incisor tab and the second incisor tab, the tilt angle being in a range from 5 to 22 degrees or 5-20 degrees (The image below of Cockrell shows a line A that would be perpendicular to the optical axis C, and a second line B that would insect the first and second tabs [4806] to create the tilt angle D.)
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While this angle shown above has a particular degree, it is not explicitly disclosed by Cockrell, would have been obvious to one having ordinary skill in the art at the time the invention was made to have this angle be 5-20 or 5-25 degrees, since it has been held that where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. In re Wertheim, 191 USPQ 90.
4. Claim(s) 1-2, 4-8, 10-13 and is/are rejected under 35 U.S.C. 103 as being unpatentable over Cockrell (US 20210290971 A1) in view of Young (US 20200261197 A1) and in further view of Wu (US 20220265253 A1).
In regards to claim 1, Cockrell discloses a light guide assembly (Abstract) comprising:
a light guide configured to be optically coupled to at least one light source (Par. 0320 teaches ta light guide [1320] that couples to a light source/emitter [120]), the light guide comprising a base end that is proximate the at least one light source, a distal end, and a center region that is between the base end and the distal end (Fig 54A shows the system having a base, a distal end, and a center region – the base being the portion being closer to element 4302 and the distal end being closer to element 4332, the same arrangement as shown and described in Par. 0040 of the applicant’s specification); and
the light guide forming an optical axis in a direction parallel to a length of the light guide from the base end to the distal end (Fig 54a shows the device creates an optical axis that runs parallel from the base [4302] to the distal end [4900])
a light guide positioner arranged about a periphery of the center region, the light guide positioner comprising a first incisor tab and a second incisor tab that are positioned on opposing sides of the center region (Fig 48 A-D and Par. 0363 teach the system comprising a mouthpiece with protrusions [4806] that are arranged to engage the back teeth, i.e. incisors, of the user.)
the light guide further comprising an upper biting surface and a lower biting surface (Par. 0363-0368 and Fig 54 A show the device having bite guards/biting surfaces [4804] with upper and lower portions.
While the art of Cockrell discloses the device having incisor tabs on the upper and lower portion of the mouth piece, it does not explicitly teach that one of the tabs is closer to the base of the device than the other tab.
However, in the same field of endeavor, Young teaches a light therapy system that is applied to the mouth (Abstract) wherein the system comprises two tabs/portions for the upper and lower incisors/teeth to sit on (Par. 0108 and Fig 7 elements 210a and 210b) wherein the lower potion [210b] sits closer to the base in order to compensate for an overbite and provide more comfort for the user (Par. 0108)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have taken the teachings of Cockrell and modified them by having one of the incisor tabs closer to the base than the other, as taught and suggested by Young, in order to compensate for an overbite and provide more comfort for the user (Par. 0108 of Young).
The combined teachings of Cockrell and Yang teach there being upper and lower biting surfaces (see Cockrell portion of the rejection), however, they do not disclose there being a planar surface of the lower biting surface is angled toward the optical axis such that a planar portion of the upper biting surface is closer to parallel with the optical axis than the lower biting surface.
However, in the same field of endeavor, Wu teaches a radiation device that is embodied as a mouthpiece (Abstract and Par. 0003) wherein the device has a lower biting portion that is angled closer to the axis running from the base to the end of the device than the upper biting portion (Fig 26-27 shows the lower portion [464bb] formed in a curved angle towards the centerline while the upper portion stays straight, See also Par. 0172-0173) in order to allow for stable insertion of the device (Par. 0173)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have taken the teachings of Cockrell and modified them by having the lower biting surface angled closer to the centerline than the upper surface, as taught and suggested by Wu, in order to allow for stable insertion of the device (Par. 0173)
In regards to claim 2, the combined teachings of Cockrell, Young, and Wu disclose the light guide assembly of claim 1, wherein the first incisor tab is arranged to engage with a back surface of an upper incisor and the second incisor tab is arranged to engage with a back surface of a lower incisor to position a portion of the light guide within an oral cavity of a patient (Par. 0327 of Cockrell teach the mouthpiece and its portions are arranged to let the light guide into an oral cavity of the patient).
In regards to claim 6, the combined teachings of Cockrell, Young, and Wu disclose the light guide assembly of claim 1, further comprising a tongue depressor that extends from the distal end of the light guide (Par. 0364 of Cockrell discloses a tongue depressor).
In regards to claim 7, Cockrell discloses an illumination device (Abstract) comprising:
at least one light source (Par. 0320 teaches a light source);
driver circuitry configured to drive the at least one light source (Par. 0021 discloses that the system comprises driver circuitry);
a light guide optically coupled to the at least one light source, the light guide comprising a base end that is proximate the at least one light source, a distal end, and a center region that is between the base end and the distal end (Fig 54A shows the system having a base, a distal end, and a center region – the base being the portion being closer to element 4302 and the distal end being closer to element 4332, the same arrangement as shown and described in Par. 0040 of the applicant’s specification); and
the light guide forming an optical axis in a direction parallel to a length of the light guide from the base end to the distal end (Fig 54a shows the device creates an optical axis that runs parallel from the base [4302] to the distal end [4900])
a light guide positioner arranged about a periphery of the center region, the light guide positioner comprising a first incisor tab and a second incisor tab that are positioned on opposing sides of the center region (Fig 48 A-D and Par. 0363 teach the system comprising a mouthpiece with protrusions [4806] that are arranged to engage the back teeth, i.e. incisors, of the user.)
the light guide further comprising an upper biting surface and a lower biting surface (Par. 0363-0368 and Fig 54 A show the device having bite guards/biting surfaces [4804] with upper and lower portions.
While the art of Cockrell discloses the device having incisor tabs on the upper and lower portion of the mouth piece, it does not explicitly teach that one of the tabs is closer to the base of the device than the other tab.
However, in the same field of endeavor, Young teaches a light therapy system that is applied to the mouth (Abstract) wherein the system comprises two tabs/portions for the upper and lower incisors/teeth to sit on (Par. 0108 and Fig 7 elements 210a and 210b) wherein the lower potion [210b] sits closer to the base in order to compensate for an overbite and provide more comfort for the user (Par. 0108)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have taken the teachings of Cockrell and modified them by having one of the incisor tabs closer to the base than the other, as taught and suggested by Young, in order to compensate for an overbite and provide more comfort for the user (Par. 0108 of Young).
The combined teachings of Cockrell and Yang teach there being upper and lower biting surfaces (see Cockrell portion of the rejection), however, they do not disclose there being a planar surface of the lower biting surface is angled toward the optical axis such that a planar portion of the upper biting surface is closer to parallel with the optical axis than the lower biting surface.
However, in the same field of endeavor, Wu teaches a radiation device that is embodied as a mouthpiece (Abstract and Par. 0003) wherein the device has a lower biting portion that is angled closer to the axis running from the base to the end of the device than the upper biting portion (Fig 26-27 shows the lower portion [464bb] formed in a curved angle towards the centerline while the upper portion stays straight, See also Par. 0172-0173) in order to allow for stable insertion of the device (Par. 0173)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have taken the teachings of Cockrell and modified them by having the lower biting surface angled closer to the centerline than the upper surface, as taught and suggested by Wu, in order to allow for stable insertion of the device (Par. 0173)
In regards to claim 8, the combined teachings of Cockrell, Young, and Wu disclose the illumination device of claim 7, wherein the first incisor tab is arranged to engage with a back surface of an upper incisor and the second incisor tab is arranged to engage with a back surface of a lower incisor to position a portion of the light guide within an oral cavity of a patient (Par. 0327 of Cockrell teach the mouthpiece and its portions are arranged to let the light guide into an oral cavity of the patient).
In regards to claims 4-5, 10-11, the combined teachings of Cockrell, Young, and Wu disclose the light guide assembly of claim 1 and 7, wherein a tilt angle is formed between a first line perpendicular to the optical axis and a second line that intersects the first incisor tab and the second incisor tab, the tilt angle being in a range from 5 to 22 degrees or 5-20 degrees (The image below of Cockrell shows a line A that would be perpendicular to the optical axis C, and a second line B that would insect the first and second tabs [4806] to create the tilt angle D.)
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While this angle shown above has a particular degree, it is not explicitly disclosed by Cockrell, would have been obvious to one having ordinary skill in the art at the time the invention was made to have this angle be 5-20 or 5-25 degrees, since it has been held that where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. In re Wertheim, 191 USPQ 90.
In regards to claim 12, the combined teachings of Cockrell, Young, and Wu disclose the illumination device of claim 7, further comprising a tongue depressor that extends from the distal end of the light guide (Par. 0364 of Cockrell discloses a tongue depressor).
In regards to claim 13, the combined teachings of Cockrell, Young, and Wu disclose the illumination device of claim 7, further comprising a lens positioned between the at least one light source and the light guide, wherein an apex of the lens is positioned within the light guide (Par. 0362 of Cockrell discloses a lens [4324] positioned in the light guide).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SKYLAR LINDSEY CHRISTIANSON whose telephone number is (571)272-0533. The examiner can normally be reached Monday-Friday, 7:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.L.C./Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796