Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 13, 2023 is noted. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1 and 3-6 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). In claim 1, the claim limitations "put in a patient's mouth", "onto which occlusal surfaces are locked", "onto which teeth are seated", and "located between a teeth arrangement and the buccal mucosa" are improperly claiming the human anatomy. It is suggested that the applicant amend the claim to functionally claim the device relative to the anatomy. Such as "configured to be placed in the mouth" and "configured for occlusal surfaces" and so on.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-6 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.
With respect to claim , the applicant claims the mouth opening part has “a hole” formed therein to suck a liquid in the mouth and then further claimed the first body of the mouth opening part has “a first aperture” to which liquid is sucked.”. It is unclear if the claimed hole is the same as the claimed first aperture or if they are different. It is noted that for examination purposes, the claimed hole and first aperture are being interpreted as different apertures which are connected together, however, the applicant should amend the claim to clarify what is being claimed.
Further the applicant claims a second body extending from “the other end” of the first body. However, it is noted that an end of the first body has not been claimed, therefore, it is unclear what the applicant is trying to claim with respect to the other end. It is noted that for examination purposes, it is being interpreted as an end of the first body.
Further the applicant claims “a third body”, however, does not claim how the third body is related to the first and/or second body and therefore is unclear. It is noted that for examination purposes, the limitation is being interpreted as the third body being connected to the first body since the first body has the aperture for sucking liquid, however, the applicant should amend the claim to clarify what is being claimed. With respect to claim 5, the applicant claims “second non-slip portions”, however, it is noted that the applicant has not claimed first non-slip portions, therefore, it is unclear how there can be second portions without first portions.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (KR 102061779) in view of Black et al. (2009/0274991).
Ahn teaches an easily detachable medical opening and suction device comprising a mouth opening part 1 (see fig. 17, such that the mouth opening part is the entire structure in fig. 18) configured to put in a patient's mouth to seat the patient's teeth thereon in such a way as to hold the patient's mouth open (see fig. 18) and having a hole formed therein to suck a liquid in the mouth (par. 161-162, 168, suction port 60, see fig. 11); and a suction part 2 having a guide portion whose one end detachably coupled to the other end of the mouth opening part (see fig. 18, such that the suction part is the end of the tube that is directly connected to the mouth opening part), a tube coupled to the other end of the guide portion (par. 185, such that the rest of the tube not directly connected to the mouth opening part is the claimed tube), and a suction unit coupled to the other end of the tube to provide a suction force (par. 185), wherein the mouth opening part comprises a first body having first concave portions onto which occlusal surfaces are capable of being locked (see fig. 18) and a first aperture 40 to which the liquid is sucked; a second body extending from the other end of the first body (the end without the concave portions, see annotated figure below) and having mounting portions onto which the teeth are capable of being seated (see annotated figure below), first support portions 70 protruding from side surfaces of the mounting portions and capable of being located between a teeth arrangement and the buccal mucosa (see fig. 18, annotated figure below), and handle portions extending from the mounting portions (see annotated figure below, such that the surfaces are capable of being grasped to place the device in the mouth and therefore, function as handles); and a third body (portion of 50, see annotated figure below) having a coupling portion to which the suction part is detachably coupled (see fig. 18, such that surface of the body is the coupling portion). Ahn teaches the invention as substantially claimed and discussed above, however, does not specifically teach the suction part has guide portions and the third body has a coupling groove to which the suction part is detachably coupled.
PNG
media_image1.png
479
599
media_image1.png
Greyscale
Black teaches an easily detachable medical opening and suction device comprising a mouth opening part 10/20 configured to be put in a patient’s mouth to seat the patient’s teeth thereonto in such a way as to hole the patient’s mouth open and having a hole 12 formed therein to suck a liquid in the mouth, and a suction part 30 having guide portion 31/33 whose one end detachably coupled to one end of the mouth opening part, a tube coupled to the other end of the guide portions (such that a tube from a dental evacuation tube is connected to the other end through element 99, see pars. 105, wherein the mouth opening part comprises a body having mounting portions onto which the teeth are seated and a body portion having a coupling groove 11/13 to which the suction part is detachably coupled (see figs. 8, 10, par. 106). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the suction part and third body taught by Ahn with the suction part having the guide portion and the thread body having the coupling groove taught by Black in order to create seal between the two parts so no air, fluid or debris leaks as it travels out of the mouth (see par. 106).
With respect to claim 3, Ahn/Black teaches the invention as substantially claimed and discussed above, including Ahn further teaches wherein the mouth opening part comprises second concave portions formed between the first body and the second body (see annotated figure above showing the first and second body portions and the annotated figure below showing the second concave portions, such that each side of the device has the concave portion, see figs. 18-19 which shows the two sides, both with the concave portion as annotated below) and second apertures formed on the second body to thus apply elasticity to the handle portions (such that the openings allow the device to be more flexible then if it was solid, see annotated figure below).
PNG
media_image2.png
321
361
media_image2.png
Greyscale
With respect to claim 4, Ahn/Black teaches the invention as substantially claimed and discussed above, including Ahn further teaches the mounting portions have first non-slip portions 80 protruding therefrom to prevent the teeth from slipping therefrom (see annotated figure regarding what portion is the mounting portion).
With respect to claim 5, Ahn/Black teaches the invention as substantially claimed and discussed above, including Ahn further teaches wherein the handle portions have second non-slip portions protruding 80 therefore to prevent a hand holding the mouth opening part from slipping therefore (see annaoted figure, fig. 17, such that the protrusions 80 will provide a non-slip grip with finger if engaged)
With respect to claim 6, Ahn/Black teaches the invention as substantially claimed and discussed above, including Ahn further teaches wherein the mouth opening the mouth opening part has extending portions extending from one side of the mounting portions and the handle portions to extend an area onto which the teeth are seated (see annaoted figure above, such that the extending portions are a portion that extend between the mounting portion and the handle portion).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEIDI MARIE EIDE whose telephone number is (571)270-3081. The examiner can normally be reached Mon-Fri 9:00-4:00.
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, Eric Rosen can be reached at 571-270-7855. 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.
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
9/29/2025