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 .
Restriction/Election
Applicant’s election without traverse of claims 1-8, 16-20 designated Group I in the reply filed on 04/02/2026 is acknowledged.
Claim 9-15 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/02/2026.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 1 “A nasal dilator comprising a nose attachment member having (a) an upper section configured to apply a recoil force to a nasal cavity of a human nose via adhesive attachment of the nose attachment member to the human nose and ” needs to be corrected. A suggested correction is – A nasal dilator comprising: a nose attachment member having (a) an upper section configured to apply a recoil force to a nasal cavity of a human nose via adhesive attachment of the nose attachment member to the human nose, and – since the preamble applies to both the limitations in the claim body.
Claim 7 “wherein the arm includes a shapeable material capable of being formed into a shape and thereafter maintaining the shape” needs to be corrected. A suggested correction is -- wherein the arm includes a shapeable material capable of being formed into a shape and thereafter maintaining the shape —to avoid potential intended use/functional limitation interpretation as detailed in MPEP 2111.04 which states inter alia that claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure (See MPEP 2111.04
Claim 17 “wherein the terminal end of the left arm and the terminal end of the right arm, respectively, extend over and/or into the left nostril opening or right nostril opening when the left end region and right end region are adhered to the nose” needs to be corrected. A suggested correction is --wherein the terminal end of the left arm s over and/or into the left nostril opening is adhered to the nose, and the terminal end of the right arm extends over and/or into the right nostril opening when the right end region is adhered to the nose – to avoid any enablement issues under 35 U.S.C 112 that could potentially rise when this claim is broadly yet reasonably interpreted as encompassing the limitation --wherein the terminal end of the left arm … extend over and/or into the … right nostril opening when the left end region … adhered to the nose--.
Appropriate correction is required.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed para.[0047], [0049], [0066-0069], [0074-0075], [0077].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
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 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Guyuron et al. (Pub. No.: US 20070255309 A1, hereinafter referred to as "Guyuron") in view of Pepper et al. (Pub. No.: US 20170172783 A1, hereinafter referred to as “Pepper”).
As per independent Claim 1, Guyuron discloses a nasal dilator (Guyuron in at least abstract, fig. 6-15, 18-31, [0001], [0006-0010], [0046-0059], [0061], [0063], [0066], [0068-0069], [0078], [0080-0086], [0088-0092], [0095-0096], [0099-0100] for example discloses relevant subject-matter. More specifically, Guyuron in at least fig. 6-7, abstract, [0001], [0006], [0083-0084] for example discloses nasal dilator 60. See at least Guyuron [0006] “ nasal dilator for temporary attachment to a nose of a person” ) comprising
a nose attachment member (Guyuron in at least [0006-0010], fig. 6-7, [0047-0048], [0083] for example discloses a nose attachment member 12, 14. See at least Guyuron [0083] “nasal dilator 60 has an upper resilient member 12 and a lower resilient member 14 to dilate the nasal valve and the nostrils, respectively, as described with respect to FIG. 1 … Generally, the overall construction of the nasal dilator 60 is similar to the nasal dilator 10, and includes the same or similar layers, such as the substrate 20, the resilient members 12, 14, the adhesive layer 34, and the release film 36”) having
(a) an upper section configured to apply a recoil force to a nasal cavity of a human nose via adhesive attachment of the nose attachment member to the human nose (Guyuron in at least fig. 6-7, [0006-0007], [0047-0048], [0050-0051],[0083-0084] for example discloses an upper section 12 configured to apply a recoil force to a nasal cavity of a human nose via adhesive attachment of the nose attachment member to the human nose. See at least Guyuron [0083] “nasal dilator 60 has an upper resilient member 12 and a lower resilient member 14 to dilate the nasal valve and the nostrils, respectively… construction of the nasal dilator 60 is similar to the nasal dilator 10, and includes the same or similar layers, such as the substrate 20, the resilient members 12, 14, the adhesive layer 34, and the release film 36”; [0084] “In use, the nasal dilator 60 may be secured to the nose with adhesive”; [0051] “attachment of the nasal dilator 10 to the skin, in part with a spring like force from the resilient members, tends to dilate the nasal passage by gently lifting or pulling the skin away from the face. The pulling of the skin, even a slight distance away from the face, tends to cause the nasal valve and nostrils to dilate”) and
(b) a lower section including an arm extending downwardly from the upper section to a nostril opening when the upper section is adhered to the nose (Guyuron in at least fig. 6-7, [0006], [0007-0010], [0047-0048], [0050-0051],[0083-0084] for example discloses a lower section 14 including an arm 62 extending downwardly from the upper section 12 to a nostril opening when the upper section is adhered to the nose as seen in fig. 6. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the … bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening. …In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils.”),
Guyuron does not explicitly disclose arm having a scented portion feature.
However, in an analogous nasal dilator field of endeavor, Pepper discloses a nasal dilator (Pepper in at least abstract, fig. 1A, fig. 4A, fig. 6-7, [0001], [0050-0051], [0090], [0098-0099], [0114], [0120-0125], [0200-0203] for example discloses relevant subject-matter. More specifically, Pepper in at least [0001], [0090] for example discloses a nasal dilator. See at least Pepper [0090] “nasal dilator devices including agent delivery mechanisms for delivery of fragrances and/medicaments to the nose during respiration”), comprising
a nose attachment member with arms having a scented portion thereon (Pepper in at least [0001], [0050-0051], [0098-0099], [0114], [0120-0125] for example discloses nose attachment member with arms and arm ends having a scented portion thereon 602 within [a] respective sockets 408a,408b or [b] under fibre film layer 702 or [c] within blister formed by two fibre film layers or [e] within an aperture disposed in each of the first and second nostril engaging elements and arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent or [f] a medicament, a fragrance or an aromatic agent infused into nasal dilator substrate material. See at least Pepper [0051] “nasal dilator device may further comprise an overmould disposed on at least one of the central portion, the leg members, the intermediate sections and the arcuate cantilever rib members. The overmould may be infused with a compound, a medicament, a fragrance or an aroma. The nasal dilator device may be composed of a substrate material infused with a medicament, a fragrance or an aromatic agent.”; [0120] “nasal dilator device 600 comprises at least one capsule 602 disposed within respective sockets 408a, 408b. The capsule 602 may include an agent such as a medicament and/or a fragrance or aromatic agent… agent may be an aromatic scent such as an essential oil blend or synthetic fragrance blend to provide an olfactory and/or physiological response such as decongesting the nasal passages 318, promoting relaxation, promoting sleepiness, suppressing appetite or a medicament such as a drug to reduce pain such as a migraine”; [0121] “nasal dilator device 700 comprises at least one coating or film 702 arranged to release a fragrance, aroma or medicament”;[0122-0123] “a fragrance, aroma or medicament may be provided or retained between two strips or films 702 forming a blister… coating or film 702 may be comprise a polymer or a fibre”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the arm end positioned near the nostril opening of the nasal dilator as taught by Guyuron, by further including scented portion on the arm end positioned near the nostril opening, as taught by Pepper. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of further providing an olfactory and/or physiological response based therapy to user such as decongesting the nasal passages, promoting relaxation, promoting sleepiness, suppressing appetite or a medicament such as a drug to reduce pain such as a migraine (Pepper, [0120]).
As per dependent Claim 2, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the scented portion is positioned proximal to a terminal end of the arm (Guyuron in at least fig. 6-7 discloses nasal dilator with arms with terminal ends while Pepper in at least [0051], [0120-0125], for example discloses the scented portion is positioned proximal to a terminal end of the arm. See at least Pepper [0051] “nasal dilator device may further comprise an overmould disposed on at least one of the central portion, the leg members, the intermediate sections and the arcuate cantilever rib members. The overmould may be infused with a compound, a medicament, a fragrance or an aroma. The nasal dilator device may be composed of a substrate material infused with a medicament, a fragrance or an aromatic agent.”; [0120] “nasal dilator device 600 comprises at least one capsule 602 disposed within respective sockets 408a, 408b. The capsule 602 may include an agent such as a medicament and/or a fragrance or aromatic agent… agent may be an aromatic scent such as an essential oil blend or synthetic fragrance blend to provide an olfactory and/or physiological response such as decongesting the nasal passages 318, promoting relaxation, promoting sleepiness, suppressing appetite or a medicament such as a drug to reduce pain such as a migraine”; [0121] “nasal dilator device 700 comprises at least one coating or film 702 arranged to release a fragrance, aroma or medicament”;[0122-0123] “a fragrance, aroma or medicament may be provided or retained between two strips or films 702 forming a blister… coating or film 702 may be comprise a polymer or a fibre”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent”).
As per dependent Claim 3, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein a terminal end of the arm extends over and/or into the nostril opening when the upper section is adhered to the nose (Guyuron in at least fig. 6-7, [0083-0085] for example discloses terminal end of the arm 62 extends over and/or into the nostril opening when the upper section 12 is adhered to the nose. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the nostrils to mechanically minimize, reduce or inhibit nostril collapse. The bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening. …In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils.”).
As per dependent Claim 4, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the arm is curved in such a way that an upper end of the arm proximal to the upper section curves outwardly away from a center of the upper section and a lower end of the arm curves inwardly toward the center (Guyuron in at least fig. 6, [0084], [0050-0051] for example discloses the arm 62 is curved in such a way that an upper end of the arm proximal to the upper section 12 curves outwardly away from a center of the upper section and a lower end of the arm 12 curves inwardly toward the center as seen in fig. 6. See Guyuron [0084] “bendable hooks 62 may be bent and inserted into the nostrils …bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening… In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils”;).
As per dependent Claim 5, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the scented portion includes a scent member attached proximal to a terminal end of the arm, the scent member being scented (Guyuron in at least fig. 6-7 discloses nasal dilator with arms with terminal ends while Pepper in at least [0051], [0120-0125], for example discloses the scented portion includes a scent member attached proximal to a terminal end of the arm, the scent member being scented. Thus, combination of applied art as a whole disclose the limitation as now explicitly, positively and specifically recited by the Applicants. See at least Pepper [0051] “nasal dilator device may further comprise an overmould disposed on at least one of the central portion, the leg members, the intermediate sections and the arcuate cantilever rib members. The overmould may be infused with a compound, a medicament, a fragrance or an aroma. The nasal dilator device may be composed of a substrate material infused with a medicament, a fragrance or an aromatic agent.”; [0120] “nasal dilator device 600 comprises at least one capsule 602 disposed within respective sockets 408a, 408b. The capsule 602 may include an agent such as a medicament and/or a fragrance or aromatic agent… agent may be an aromatic scent such as an essential oil blend or synthetic fragrance blend to provide an olfactory and/or physiological response such as decongesting the nasal passages 318, promoting relaxation, promoting sleepiness, suppressing appetite or a medicament such as a drug to reduce pain such as a migraine”; [0121] “nasal dilator device 700 comprises at least one coating or film 702 arranged to release a fragrance, aroma or medicament”;[0122-0123] “a fragrance, aroma or medicament may be provided or retained between two strips or films 702 forming a blister… coating or film 702 may be comprise a polymer or a fibre”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent”).
As per dependent Claim 6, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the scented portion includes a scent member including a scented material, the scented material being a gel and/or liquid absorbent material (Guyuron in at least [0051], [0120-0125] for example discloses the scented portion includes a scent member including a scented material, the scented material being a gel and/or liquid absorbent material/fibre including essential oil. See at least Pepper [0051] “nasal dilator device may further comprise an overmould … infused with a compound, a medicament, a fragrance or an aroma. The nasal dilator device may be composed of a substrate material infused with a medicament, a fragrance or an aromatic agent.”; [0120] “nasal dilator device 600 comprises at least one capsule 602 disposed within respective sockets 408a, 408b. The capsule 602 may include an agent such as a medicament and/or a fragrance or aromatic agent… agent may be an aromatic scent such as an essential oil blend or synthetic fragrance blend to provide an olfactory and/or physiological response”; [0121] “nasal dilator device 700 comprises at least one coating or film 702 arranged to release a fragrance, aroma or medicament”;[0122-0123] “a fragrance, aroma or medicament may be provided or retained between two strips or films 702 forming a blister… coating or film 702 may be comprise a polymer or a fibre”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent”).
As per dependent Claim 7, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the arm includes a shapeable material capable of being formed into a shape and thereafter maintaining the shape (Guyuron in at least [0009], fig. 6-7, [0084] for example discloses the arm 62 includes a shapeable material capable of being formed into a shape and thereafter maintaining the shape. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62…bendable hooks 62 may be bent and inserted into the nostrils … bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening. The hooks 62 include a support member 63 (FIG. 7) that holds the bent shape of the hook 62 so that the bendable hooks 62 support the outer wall of the nostril”).
As per dependent Claim 8, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein, when the upper section is adhered to the nose, the arm extends down an ala of the nose and the scented portion is bent upwardly toward the nostril opening (Guyuron in at least fig. 6, [0084] for example discloses when the upper section 12 is adhered to the nose as in fig. 6, the arm 62 extends down an ala of the nose while Pepper in at least [0051], [0120-0125], for example discloses scented portion located on nostril engagement elements is bent upwardly toward the nostril opening. Thus, the combination of applied art as a whole discloses the limitation as now explicitly, positively and specifically recited by the Applicants. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the nostrils … bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening…In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent”).
As per independent Claim 16, Guyuron discloses a nasal dilator (Guyuron in at least abstract, fig. 6-15, 18-31, [0001], [0006-0010], [0046-0059], [0061], [0063], [0066], [0068-0069], [0078], [0080-0086], [0088-0092], [0095-0096], [0099-0100] for example discloses relevant subject-matter. More specifically, Guyuron in at least fig. 6-7, abstract, [0001], [0006], [0083-0084] for example discloses nasal dilator 60. See at least Guyuron [0006] “ nasal dilator for temporary attachment to a nose of a person” ) comprising:
a nose attachment member that is attachable to a human nose, the nose attachment member including a left end region that is adhereable to an outer wall of a left nasal passage and a right end region that is adhereable to an outer wall of a right nasal passage (Guyuron in at least [0006-0010], fig. 6-7, [0047-0048], [0083] for example discloses a nose attachment member 12, 14 that is attachable to a human nose as in fig. 6, the nose attachment member including a left end region that is adhereable to an outer wall of a left nasal passage and a right end region that is adhereable to an outer wall of a right nasal passage as seen in fig. 6. See at least Guyuron [0083] “nasal dilator 60 has an upper resilient member 12 and a lower resilient member 14 to dilate the nasal valve and the nostrils, respectively, as described with respect to FIG. 1 … Generally, the overall construction of the nasal dilator 60 is similar to the nasal dilator 10, and includes the same or similar layers, such as the substrate 20, the resilient members 12, 14, the adhesive layer 34, and the release film 36”; [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the nostrils to … bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening. …In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils.”);
an upper section of the nose attachment member including a resilient member extending from the left end region to the right end region, the resilient member being configured to apply a recoil force to the left nasal passage and right nasal passage (Guyuron in at least fig. 6-7, [0006-0007], [0047-0048], [0050-0051],[0083-0084] for example discloses upper section 12 of the nose attachment member including a resilient member extending from the left end region to the right end region, the resilient member being configured to apply a recoil force to the left nasal passage and right nasal passage. See at least Guyuron [0047] “nasal dilator 10 has two separate resilient members 12, 14 that extend transversely (e.g., laterally or horizontally) across a mid-line portion 15 of the nose to dilate the nasal valve and the nostrils, respectively.”; [0083] “nasal dilator 60 has an upper resilient member 12 and a lower resilient member 14 to dilate the nasal valve and the nostrils, respectively… construction of the nasal dilator 60 is similar to the nasal dilator 10, and includes the same or similar layers, such as the substrate 20, the resilient members 12, 14, the adhesive layer 34, and the release film 36”; [0084] “In use, the nasal dilator 60 may be secured to the nose with adhesive”; [0051] “attachment of the nasal dilator 10 to the skin, in part with a spring like force from the resilient members, tends to dilate the nasal passage by gently lifting or pulling the skin away from the face. The pulling of the skin, even a slight distance away from the face, tends to cause the nasal valve and nostrils to dilate”); and
a lower section of the nose attachment member including (a) a left arm extending downwardly from the upper section to a left nostril opening when the upper section is adhered to the nose, (b) a right arm extending downwardly from the upper section to a right nostril opening when the upper section is adhered to the nose (Guyuron in at least fig. 6-7, [0006], [0007-0010], [0047-0048], [0050-0051],[0083-0084] for example discloses a lower section 14 of the nose attachment member including (a) a left arm 62 on one side extending downwardly from the upper section to a left nostril opening when the upper section is adhered to the nose as seen in fig. 6, (b) a right arm 62 on the other side extending downwardly from the upper section to a right nostril opening when the upper section is adhered to the nose as seen in fig. 6. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the … bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening. …In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils.”).
Guyuron does not explicitly disclose the left arm having a left scented portion proximal to a terminal end of the left arm and the right arm having a right scented portion proximal to a terminal end of the right arm feature.
However, in an analogous nasal dilator field of endeavor, Pepper discloses a nasal dilator (Pepper in at least abstract, fig. 1A, fig. 4A, fig. 6-7, [0001], [0050-0051], [0090], [0098-0099], [0114], [0120-0125], [0200-0203] for example discloses relevant subject-matter. More specifically, Pepper in at least [0001], [0090] for example discloses a nasal dilator. See at least Pepper [0090] “nasal dilator devices including agent delivery mechanisms for delivery of fragrances and/medicaments to the nose during respiration”), comprising
a nose attachment member with the left arm having a left scented portion proximal to a terminal end of the left arm and the right arm having a right scented portion proximal to a terminal end of the right arm (Pepper in at least [0001], [0050-0051], [0098-0099], [0114], [0120-0125] for example discloses a nose attachment member with the left arm having a left scented portion 602 proximal to a terminal end of the left arm and the right arm having a right scented portion 602 proximal to a terminal end of the right arm within [a] respective left and right sockets 408a,408b or [b] under fibre film layer 702 on respective left and right side or [c] within blister formed by two fibre film layers on respective left and right side or [e] within an aperture disposed in each of the first and second nostril engaging elements on respective left and right side and arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent or [f] a medicament, a fragrance or an aromatic agent infused into nasal dilator substrate material present on respective left and right sides. See at least Pepper [0051] “nasal dilator device may further comprise an overmould disposed on at least one of the central portion, the leg members, the intermediate sections and the arcuate cantilever rib members. The overmould may be infused with a compound, a medicament, a fragrance or an aroma. The nasal dilator device may be composed of a substrate material infused with a medicament, a fragrance or an aromatic agent.”; [0120] “nasal dilator device 600 comprises at least one capsule 602 disposed within respective sockets 408a, 408b. The capsule 602 may include an agent such as a medicament and/or a fragrance or aromatic agent… agent may be an aromatic scent such as an essential oil blend or synthetic fragrance blend to provide an olfactory and/or physiological response such as decongesting the nasal passages 318, promoting relaxation, promoting sleepiness, suppressing appetite or a medicament such as a drug to reduce pain such as a migraine”; [0121] “nasal dilator device 700 comprises at least one coating or film 702 arranged to release a fragrance, aroma or medicament”;[0122-0123] “a fragrance, aroma or medicament may be provided or retained between two strips or films 702 forming a blister… coating or film 702 may be comprise a polymer or a fibre”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify each respective left and right arm end positioned near the nostril opening of the nasal dilator as taught by Guyuron, by further including scented portion on the respective left and right arm end positioned near the respective left and right nostril opening, as taught by Pepper. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of further providing an olfactory and/or physiological response based therapy to user such as decongesting the nasal passages, promoting relaxation, promoting sleepiness, suppressing appetite or a medicament such as a drug to reduce pain such as a migraine (Pepper, [0120]).
As per dependent Claim 17, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the terminal end of the left arm and the terminal end of the right arm, respectively, extend over and/or into the left nostril opening or right nostril opening when the left end region and right end region are adhered to the nose (Guyuron in at least fig. 6, [0083-0085] for example discloses the terminal end of the left arm 62 and the terminal end of the right arm 62, respectively, extend over and/or into the left nostril opening or right nostril opening when the left end region and right end region are adhered to the nose as seen in fig. 6. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the nostrils to mechanically minimize, reduce or inhibit nostril collapse. The bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening. …In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils.”).
As per dependent Claim 18, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the left arm and right arm, respectively, is curved in such a way that an upper end of the left arm or right arm proximal to the upper section curves outwardly away from a center of the upper section and a lower end of the left arm or right arm curves inwardly toward the center (Guyuron in at least fig. 6, [0084], [0050-0051] for example discloses wherein the left arm 62 and right arm 62, respectively, is curved in such a way that an upper end of the left arm or right arm proximal to the upper section curves outwardly away from a center of the upper section 12 and a lower end of the left arm or right arm curves inwardly toward the center as seen in fig. 6. See Guyuron [0084] “bendable hooks 62 may be bent and inserted into the nostrils …bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening… In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils”;).
As per dependent Claim 19, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein the right scented portion and left scented portion, respectively, include a scent member including a scented material, the scented material being a gel and/or liquid absorbent material (Guyuron in at least [0051], [0120], [0123] for example discloses the right scented portion and left scented portion, respectively, include a scent member including a scented material, the scented material being a gel and/or liquid absorbent material/fibre including essential oil on respective first and second nostril engaging elements 112a, 112b. See at least Pepper [0051] “nasal dilator device may further comprise an overmould … infused with a compound, a medicament, a fragrance or an aroma. The nasal dilator device may be composed of a substrate material infused with a medicament, a fragrance or an aromatic agent.”; [0120] “nasal dilator device 600 comprises at least one capsule 602 disposed within respective sockets 408a, 408b. The capsule 602 may include an agent such as a medicament and/or a fragrance or aromatic agent… agent may be an aromatic scent such as an essential oil blend or synthetic fragrance blend to provide an olfactory and/or physiological response”; [0121] “nasal dilator device 700 comprises at least one coating or film 702 arranged to release a fragrance, aroma or medicament”;[0122-0123] “a fragrance, aroma or medicament may be provided or retained between two strips or films 702 forming a blister… coating or film 702 may be comprise a polymer or a fibre”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent”).
As per dependent Claim 20, the combination of Guyuron and Pepper as a whole further discloses nasal dilator wherein, when the upper section is adhered to the nose, the left arm extends down a left ala of the nose, the right arm extends down a right ala of the nose, the left scented portion is bent upwardly toward the left nostril opening, and the right scented portion is bent upwardly toward the right nostril opening (Guyuron in at least fig. 6, [0084] for example discloses wherein, when the upper section 12 is adhered to the nose as in fig. 6, the left arm extends down a left ala of the nose and is bent upwardly toward the left nostril opening, the right arm extends down a right ala of the nose and is bent upwardly toward the right nostril opening s seen in fig. 6 while Pepper in at least [0051], [0120-0125], for example discloses the left scented portion is bent upwardly toward the left nostril opening, and the right scented portion is bent upwardly toward the right nostril opening. Thus, the combination of applied art as a whole discloses the limitation as now explicitly, positively and specifically recited by the Applicants. See at least Guyuron [0084] “nasal dilator 60 includes bendable hooks 62, which extend downwardly from the lower portion 24 of the substrate 20, and in the general direction of the nostril openings 64. As shown in FIG. 6, the bendable hooks 62 may be bent and inserted into the nostrils … bendable hooks 62 may be bent in a "U" or "J" configuration around the inner and outer skin that forms the nostril and may extend into the nostril opening…In use, the nasal dilator 60 may be secured to the nose with adhesive and the hooks 62 may be bent by the user in to the nostrils”; [0124-0125] “coating or film 702 may be disposed on … the first and second leg members 106a, 106b, the first and second intermediate sections 108a, 108b, the rib members 110a, 110b, and/or the first and second nostril engaging elements 112a, 112b… an aperture (not shown) is disposed in each of the first and second nostril engaging elements and is arranged to receive an agent, a compound, a medicament, a capsule, and/or a housing or compact arranged to receive an agent, medicament and/or a fragrance or aromatic agent”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20130118488 A1 to Ledogar discloses nasal therapeutic system device that provides, inter alia, a system which maintains and/or maximizes the cross-sectional pathway of the nose at rest or during consciousness, while providing aromatherapy similar to that disclosed and claimed. More specifically, Ledogar discloses nasal therapeutic system comprising a nasal dilator that prevents the outer wall tissue of the nasal passages of the nose from drawing in during breathing having a truss member with an aromatherapy means, which includes a flexible strip of material having a plurality of regions, and an intermediate segment, the regions are adapted to engage the outer wall tissue of nasal passages of the nose, wherein the intermediate segment is configured to traverse a portion of a nose located between the first and second nasal passages, and a pad can be provided to prevent and/or limit adhesion of the intermediate segment to the nose, wherein the truss member further includes resilient bands secured to the strip of material adjacent opposite edges of the intermediate segment, to stabilize the outer wall tissue and thereby prevent the outer wall tissue of the nasal passages from drawing in.
Prior art US 20200121488 A1 to Ierulli discloses external nasal dilators for supporting, stabilizing, and dilating nasal outer wall tissues adjacent and overlying nasal airway passages of the human nose similar to that disclosed and claimed. More specifically, Ierulli discloses external nasal dilator comprises resilient and engagement elements, and includes end regions adapted to engage tissues overlaying and adjacent first and second nasal passages of a human nose. Each end region includes a plurality of resilient spring finger components separated therebetween by engagement element tab extensions. The end regions are further adapted to extend around the anatomical depression formed by the alar crease adjacent each nostril. When in use the dilator stabilizes or expands said tissues and prevents or inhibits the nasal outer walls from drawing inward during breathing.
Prior art US 20080257341 A1 to Ierulli discloses external nasal dilators similar to that disclosed and claimed. More specifically, Ierulli discloses nasal dilator comprises a laminate of vertical layers each consisting of one or more members or components. The laminated layers form a unitary, or single body, truss featuring horizontal regions adapted to engage outer wall tissues of first and second nasal passages and to traverse the bridge of a nose therebetween. When in use the dilator acts to stabilize and/or expand the nasal outer wall tissues and prevent said tissues from drawing inward during breathing. The dilator includes means to direct its resilient properties comprising one or more interior or exterior material separations, or discontinuity of shape of material, formed in at least one region of the truss and extending through at least one layer of the dilator. Said material separation or discontinuity of shape may comprise an opening, relief cut, slit or notch, and which may be configured to separate or vertically protrude, in part, from the truss when the dilator is in use on the nose of a wearer. Said separation or vertical protrusion changes the angle of focused delaminating spring biasing forces generated by the resilient layer, transforming said forces, at least in part, from primarily peel forces into primarily shear forces, and further redistributing or imparting said transformed forces to tissue engaging surface areas extending outward and beyond said material separation.
Prior art US 20160008161 A1 to Ierulli discloses external nasal dilators similar to that disclosed and claimed. More specifically, Ierulli discloses external nasal dilator comprises resilient and engagement elements. The engagement element functions primarily to affix, adhere, or otherwise engage the dilator to the skin surface of the nose. The resilient element comprises one part that provides out-of-plane resiliency, or spring biasing forces, and another part that provides in-plane elasticity, or stretching or tensioning forces. The dilator includes horizontal regions adapted to engage outer wall tissues of first and second nasal passages of a nose. When in use the dilator stabilizes or expands nasal outer wall tissues and prevents the outer wall tissues from drawing inward during breathing.
Prior art US 20010032645 A1 to Cronk et al. discloses adhesive-backed nasal strips containing fragrances, such as aromatic medications, and transdermal substances similar to that disclosed. More specifically, Cronk discloses nasal dilators and strips for improving the breathing of individuals are provided. The strips and dilators include an elongated substrate, with or without a dilating component or portion, having top and bottom surfaces and a pressure-sensitive adhesive disposed on the bottom surface. The dilator is designed to provide a gentle expanding force to the nasal wall tissue when the dilator is adhesively attached to the nose. This invention further includes a cosmetic fragrance, an aromatic medication and/or transdermal medication disposed on the strips or dilators. In order to improve the shelf-life and in-use olfactory effectiveness of such products, fragrance delivery mechanisms are used. Separation of volatile oils and adhesives are also provided to minimize adhesive residue.
US 20110270297 A1 to Judd discloses a nasal dilator similar to that disclosed and claimed. More specifically, Judd discloses nasal dilator designed as a resilient bridge between two arms that enter the nostril and then expand the nostril outward and upward. In one embodiment the dilator is flexible and the feet are brought together when inserted into the nose and when released they try to return outward and press against the nasal wall thus opening the nostrils. The feet may have an offset from the arm to deeper engage the nostril which helps to prevent the dilator from slipping off. Also the inside face of the feet and arm that run parallel to the septum wall may be generally flat to prevent irritation to the septum wall if pressed up against the septum wall. The easy to use and reusable nasal dilator can be used by athletes to better their performance through the improved utilization and flow of air through the nose.
Prior art US 20100323155 A1 to Desideria et al. discloses scent emitting device that remains securely attached to the skin of a wearer and is appointed for controlled release of scents similar to that disclosed. The patch is constructed having an external top layer and backing layer with a skin-contacting portion. The skin-contacting segment contains an adhesive. At least one reservoir comprising pockets or microcapsules containing a scent is disposed in at least one portion of the backing layer. These pockets or microcapsules are operative to rupture upon application of pressure or scratching by the patch wearer. Upon rupture, scent is delivered to the skin to emit aroma. Pockets containing the scent are formed in the backing layer. Microcapsules, if present, are preferably incorporated in the adhesive. A plethora of aromas are provided in the form of a perfume or cologne and correlating shapes can be used to form the patch. Scent is released at the skin-contact interface when pressure is applied ruptures the pockets or microcapsules, permitting controlled release at the wearer's election.
Prior art US 20110166594 A1 to Eull et al. discloses a nasal dilator similar to that disclosed. More specifically, Eull discloses a nasal dilator comprising at least one breathable layer of adhesive-coated high MVTR layer, such as a polyurethane film, one or more adhesive-coated high modulus "spring" elements for dilating the nasal passages by applying a tension force to the skin, and a carrier delivery system. The carrier delivery system comprises a separation line or split through the carrier to allow for easy delivery of the nasal dilator. The carrier aids in the handling and delivery of the thin adhesive-coated high MVTR layer
Prior art US 20240024615 A1 to Zhao discloses nasal cavity modifying device for modulating olfaction similar to that disclosed.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791
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