Prosecution Insights
Last updated: April 18, 2026
Application No. 18/297,495

DEVICES AND METHODS FOR ENHANCING INTRANASAL AIR AND ODORANT DELIVERY PATTERNS

Non-Final OA §102§112
Filed
Apr 07, 2023
Examiner
REDDY, SUNITA
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ohio State Innovation Foundation
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
486 granted / 724 resolved
-2.9% vs TC avg
Strong +60% interview lift
Without
With
+60.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
43 currently pending
Career history
767
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
38.7%
-1.3% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
36.4%
-3.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 724 resolved cases

Office Action

§102 §112
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 18-20 drawn to Group I and Species A in the reply filed on 03/23/2026 is acknowledged. Claim 1-17 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 03/23/2026. Specification The disclosure is objected to because of the following informalities: “…apply a pinch to from 15% to 60% …” in page 3 lines 11 needs to be corrected. A suggested correction is --apply a pinch [[to]] from 15% to 60% -- “…by from 15% to 80%”… in page 3 line 12 needs to be corrected. A suggested correction is – [[by]] from 15% to 80%--. “In some embodiments, the nasal clip applies a pinch to from 15% to 60% …In some embodiments, application of the nasal clip can reduce the subject's nasal airflow by from 15% to 80%...” needs to be corrected. A suggested correction is -- In some embodiments, the nasal clip applies a pinch [[to]] from 15% to 60% …In some embodiments, application of the nasal clip can reduce the subject's nasal airflow [[by]] from 15% to 80%--. “Application of such a device to the subject's nose can intensify the nasal airflow vortex with the subject's nasal vestibule airway” in page 13 lines 6-8. A suggested correction is -- Application of such a device to the subject's nose can intensify the nasal airflow vortex within the subject's nasal vestibule airway--. “By understanding the impact of nasal anatomy and its modulation on transport odorant with varying physiochemical property can we better improve olfactory function through peripheral mechanisms” in page 24 lines 24-26 needs to be corrected. A suggested correction is -- By understanding the impact of nasal anatomy and its modulation on transport odorant with varying physiochemical property [[can]] we can better improve olfactory function through peripheral mechanisms--. Appropriate correction is required. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Following claims are objected to because of the following informalities: Claim 20 line 2 “a distance” needs to be corrected. A suggested correction is – the [[a]] distance – in light of its antecedent in claim 18 line 6 “a distance”. Claim 18 lines 5-8 “wherein the first nose pad … and the second nose pad … are spaced apart by a distance … that allows the nasal clip to applied to the subject's nose so as to pinch the subject's upper nasal vestibule cartilage, thereby constricting the subject's upper nasal vestibule to form or enhance a notch therewithin without completely blocking nasal airflow” needs to be corrected. A suggested correction is -- wherein the first nose pad …and the second nose pad … are spaced apart by a distance … that is configured to allow[[s]] arrangement of the nasal clip on the subject's nose [[so]] in a manner as to pinch the subject's upper nasal vestibule cartilageconstricting the subject's upper nasal vestibule to form or enhance a notch therewithin without completely blocking nasal airflow-- to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “so as to” and “allows” is even required or not required. Claim 19 “wherein the adjustable retention band is disposed within the outer clip frame at a distance spaced apart from the first nose pad and the second nose pad that affords seating and positioning of the nasal clip on the nose of the subject” needs to be corrected. A suggested correction is -- wherein the adjustable retention band is disposed within the outer clip frame at a distance spaced apart from the first nose pad and the second nose pad configured to allow seating and positioning of the nasal clip on the nose of the subject-- to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “affords” is even required or not required. Claim 20 lines 1-6 “wherein the first nose pad … and the second nose pad … are sized and spaced apart by a distance … that allows the nasal clip to applied to the subject's nose so as to increase a notch index of the subject's nasal vestibule airway by at least 20%; increase a vortex index of the subject's nasal vestibule airway by at least 20%; apply a pinch to from 15% to 60% of a height of the subject's nose; reduces the subject's nasal airflow by from 15% to 80%; or any combination thereof” needs to be corrected. A suggested correction is – wherein the first nose pad … and the second nose pad … are sized and spaced apart by a distance … that is configured to allow[[s]] arrangement of the nasal clip on the subject's nose [[so]] in a manner as to increase a notch index of the subject's nasal vestibule airway by at least 20%; increase a vortex index of the subject's nasal vestibule airway by at least 20%; apply a pinch [[to]] from 15% to 60% of a height of the subject's nose; reduces the subject's nasal airflow [[by]] from 15% to 80%; or any combination thereof—to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “so as to”, “thereby” “allows” is even required or not required. Claims 18-20 include reference characters which are enclosed within parentheses. The use of reference characters is considered as having no effect on the scope of the claims. Since the reference characters are not afforded patentable weight, the reference characters enclosed within parentheses should be deleted from the claims. Appropriate correction is required. Claim Rejections - 35 USC § 112(b) 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. Claim 18-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claims 18 in line 6-7 recites the limitations " the subject's nose”, “the subject's upper nasal vestibule cartilage”, “the subject's upper nasal vestibule ". There is insufficient antecedent basis for these limitation in this claim. Claim 18-19 each use the term “outer clip frame” which renders each of these claims unclear. More specifically, in the context used, it is unclear as to what is meant by “outer” in the term “outer clip frame” i.e. does outer refer to positioning with respect to nasal biological part or does outer refer to some element places within the nasal nares or something else. Claim 19 recites “the nose” and “the subject”. There is insufficient antecedent basis for these limitation in this claim. Claim 20 recites “the subject's nasal vestibule airway” “ the subject's nose” “the subject's nasal airflow”. There is insufficient antecedent basis for these limitation in this claim. Claim 20 in lines 3-4 recites “increase a notch index of the subject's nasal vestibule airway by at least 20%” which renders this claim unclear in light of instant application specification as-filed page 9 lines 12-14 (which explicitly states “… application of the nasal clip can increase the notch index of the subject's nasal vestibule airway by at least 5% (e.g., at least 10%, at least 15%, at least 20%, at least 25%, at least 30%, at least 40%, at least 50%, at least 75%, at least 100%, or more).”). More specifically, the claim recitation “at least 20%” is indefinite for failing to recite the upper boundary of the range and one of ordinary skill in the art would not be reasonably apprised of the upper boundary and thus, the scope of the invention. Claim 20 in lines 4-5 recites “increase a vortex index of the subject's nasal vestibule airway by at least 20%” which renders this claim unclear in light of instant application specification as-filed page 9 lines 28-30 (which explicitly states “…application of the nasal clip can increase the vortex index of the subject's nasal vestibule airway by at least 5% (e.g., at least 10%, at least 15%, at least 20%, at least 25%, at least 30%, at least 40%, at least 50%, at least 75%, at least 100%, or more).”). More specifically, the claim recitation “at least 5%” is indefinite for failing to recite the upper boundary of the range and one of ordinary skill in the art would not be reasonably apprised of the upper boundary and thus, the scope of the invention. Dependent claims 19-20 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 19-20 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims. Claim Interpretation Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed at least page 2 lines 5-10, page 3 lines 25-30, page 6 lines 11-13, page 7 line 24, page 8 lines 10-17, page 16 lines 4-5, page 28 line 14 through page 29 line 6. 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 § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (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. Claims 18-19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lacouture; Michael (Pub. No.: US 6390089 B1, hereinafter referred to as “Lacouture”). As per independent Claim 18, Lacouture discloses a nasal clip for enhancing intranasal air and odorant delivery patterns (Lacouture in at least abstract, fig. 1-4, col. 1 lines 5-10, lines 45-65, col. 2 lines 28-67, col. 3 lines 1-36 recite relevant subject-matter. More specifically, Lacouture in fig. 1, col. 2 lines 29-33 for example discloses nasal clip (fig. 1) for enhancing intranasal air and odorant delivery patterns. See at least Lacouture col. 2 lines 29-33 “a nostril expansion device 10, in use by a user 12… expansion device 10 comprises a pair of pads 20 (one is shown), and a clip 30 which extends between the pads 20… clip 30 has a pair of ends 32, and each pad 20 is removably mated with one of the ends 32 of the clip 10”), the nasal clip comprising: an outer clip frame comprising a first arm terminating in a first nose pad and a second arm terminating in a second nose pad (Lacouture in at least fig. 1-2, Lacouture col. 2 lines 29-57 for example discloses an outer clip frame 30 comprising a first arm 32 terminating in a first nose pad 20 and a second arm 32 opposite the first arm terminating in a second nose pad 20 opposite the first nose pad. See at least Lacouture col. 2 lines 29-36 “expansion device 10 comprises a pair of pads 20 (one is shown), and a clip 30 which extends between the pads 20… clip 30 has a pair of ends 32, and each pad 20 is removably mated with one of the ends 32 of the clip 10…”); wherein the first nose pad and the second nose pad are spaced apart by a distance that allows the nasal clip to applied to the subject's nose so as to pinch the subject's upper nasal vestibule cartilage, thereby constricting the subject's upper nasal vestibule to form or enhance a notch therewithin without completely blocking nasal airflow (Here, the limitation “that allows the nasal clip to applied to the subject's nose so as to pinch the subject's upper nasal vestibule cartilage, thereby constricting the subject's upper nasal vestibule to form or enhance a notch therewithin without completely blocking nasal airflow” is being interpreted as intended result/functional limitation and thus, prior art structure capable of recited function would read on limitation as now explicitly, positively and specifically recited by the Applicants. More specifically, Lacouture in at least fig. 1-2, Lacouture col. 2 lines 29-57 for example discloses wherein the first nose pad 20 and the second nose pad 20 opposite the first nose pad are spaced apart by a distance that is capable of the recited function. See at least Lacouture col. 2 lines 29-46 “expansion device 10 comprises a pair of pads 20 (one is shown), and a clip 30 which extends between the pads 20. … clip 30 has a pair of ends 32, and each pad 20 is removably mated with one of the ends 32 of the clip 10…pads 20 are each adhered to one of the nostril outer surfaces 16, and the clip 30 extends over the bridge 18. When in use, the clip 30 is flexed to a position wherein its ends 32 extend nearly parallel to each other and pointed in the same direction. In this flexed position, the clip 30 has a natural tendency to return to a flat position, wherein the ends 32 are substantially planar and point in opposite directions… clip 30 has a spring force which exerts a force perpendicular to the nostril outer surface 16, providing a tendency to dilate or expand the nostril and open air passages”). As per dependent Claim 19, Lacouture further discloses nasal clip wherein the nasal clip further comprises an adjustable retention band bridging the first arm and the second arm within the outer clip frame, wherein the adjustable retention band is disposed within the outer clip frame at a distance spaced apart from the first nose pad and the second nose pad that affords seating and positioning of the nasal clip on the nose of the subject (Here, the limitation “affords seating and positioning of the nasal clip on the nose of the subject” is being interpreted as intended result/functional limitation and thus, prior art structure capable of recited function would read on limitation as now explicitly, positively and specifically recited by the Applicants. More specifically, Lacouture in at least fig. 1-2, fig. 5, Lacouture col. 2 lines 29-67 for example discloses wherein the nasal clip further comprises an adjustable/flexible retention band 30 bridging the first arm 32 and the second arm 32 opposite the first arm within the outer clip frame, wherein the adjustable retention band is disposed within the outer clip frame at a distance spaced apart from the first nose pad 20 and the second nose pad 20 opposite the first nose pad that is capable of the recited function. See at least Lacouture col. 2 lines 47-67 “expansion device 10 comprises a pair of pads 20 (one is shown), and a clip 30 which extends between the pads 20. … clip 30 has a pair of ends 32, and each pad 20 is removably mated with one of the ends 32 of the clip 10…pads 20 are each adhered to one of the nostril outer surfaces 16, and the clip 30 extends over the bridge 18. When in use, the clip 30 is flexed to a position wherein its ends 32 extend nearly parallel to each other and pointed in the same direction. In this flexed position, the clip 30 has a natural tendency to return to a flat position, wherein the ends 32 are substantially planar and point in opposite directions… clip 30 has a spring force which exerts a force perpendicular to the nostril outer surface 16, providing a tendency to dilate or expand the nostril and open air passages…clips 30 are preferably made of a flexible plastic… by selecting the materials and thickness of the clips 30, the actual spring force exerted by the clips 30 may be varied… varying the thickness of the clip 30 will vary it's "strength", by varying the spring force it will exert against the pads when attached thereto”). Contingently Allowable Subject-Matter As per dependent claim 20, dependent claim 20 would be contingently allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above. Additionally, as per dependent claim 20, dependent claim 20 is being objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above. The following is a statement of reasons for the indication of allowable subject matter: As per dependent Claim 20, none of the prior art discloses nasal clip … for enhancing intranasal air and odorant delivery patterns, the nasal clip comprising: an outer clip frame … comprising a first arm … terminating in a first nose pad … and a second arm … terminating in a second nose pad …wherein the first nose pad … and the second nose pad …are sized and spaced apart by …distance … that allows the nasal clip to applied to the subject's nose … as to increase a notch index of the subject's nasal vestibule airway by at least 20%; increase a vortex index of the subject's nasal vestibule airway by at least 20%; apply a pinch to from 15% to 60% of a height of the subject's nose; reduces the subject's nasal airflow by from 15% to 80%; or any combination thereof including all of the limitations, features, combination and arrangement of features of their respective base claim and any intervening claims. Prior art US 6390089 B1 to Lacouture discloses nostril expansion system, for use on a nose having a bridge and nostrils, comprising a pair of pads and a clip. The clip has a pair of ends which each detachably mount to one of the pads. The pads have an outer periphery and a central portion. Adhesive is located on the central portion for adhering the pad to the nostril. The outer periphery has no adhesive and has a serrated edge to facilitate removal of the pad from the nostril. Several clips are provided to allow the user to select a more comfortable fit according to the user's nasal condition. Prior art US 20180064892 A1 to Nelson et al. discloses an intra-nasal clip device may include a retainer having a first arm and a second arm. A first chamber housing may be coupled to the first arm, and the first chamber housing may include a first chamber and a first contact surface. Preferably, the first chamber and the first contact surface may be positioned on opposing sides of the first chamber housing. A second chamber housing may be coupled to the second arm, and the second chamber housing may include a second chamber and a second contact surface. Preferably, the second chamber and second contact surface may be positioned on opposing sides of the second chamber housing. The first contact surface and second contact surface may be orientated towards each other and configured to contact and grip portions of the nose so that a chamber, optionally containing an aromatic compound, may be positioned within a nostril of the nose. Prior art US 20090205640 A1 to Kehiaian; Gaitag discloses apparatus and a method for improving nasal breathing. The apparatus contains a first end, a second end, and an adhesive layer disposed on at least a portion of the first end, and a portion of the second end, wherein the first end is configured to adhere to a first skin tissue located above a bridge of a user's nose and a distance away from a tip of the user's nose, the second end is configured to adhere to a second skin tissue located above the first skin tissue, wherein the first skin tissue is pulled in a direction generally towards the user's eyes. Prior art US 20190167464 A1 to Lovato et al. discloses removable nasal dilator device configured and dimensioned for insertion into the nose to improve quality of breathing. The device may increase air flow through the nasal passage to lungs by helping maintain the nasal wall integrity, thus preventing the nasal passage from collapsing. It may also provide relief from snoring caused by mouth breathing when nasal passages are blocked. The nasal dilator apparatus is configured to fit over the bridge of the nose, curve over the edge of the nose, and fit comfortably inside the nasal passage. Loops, paddles or other terminal members on either end of the device maintain gentle outward pressure against the inside of the nasal wall to keep the nasal passage open. Prior art US 20090048626 A1 to Beaudry discloses epidermal positioning mechanism for use with an application to a predetermined epidermal surface. The epidermal positioning mechanism comprises a strip of material having a first end portion of a predetermined shape, a second end portion of a predetermined shape, and middle portion coupling the first end portion to the second end portion. The first end portion and the second end portion each may include a side including an adhesive layer. An overlaying, non-adhesive barrier layer may be located between a portion of the adhesive layer and an end portion. Prior art US 6494204 B1 to Ponce discloses nasal medication administering device for providing a quick and easy way of safely administering medication to a user. The nasal medication administering device includes at least one flexible and squeezable medication-containing container; and also includes at least one flexible tubular member having an open first end and an open second end and a bore extending therethrough with the first end being extended through a wall of and into the medication-containing container and with the second end being adapted to be extended into a nasal passage of a user; and further includes at least one cap member being removably attached about the second end of the at least one flexible tubular member for closing the opening through the second end. Prior art US 20110270297 A1 to Judd discloses nasal dilator that can be used for rest and sleep. It may be 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. However, none of the subject-matter discloses subject-matter of nasal clip device as in claim 20. 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 20110034950 A1 to Toriumi discloses a nose clip that includes an outer support member adapted to contact an outside surface of a nose; a bridge connected at a first end to the outer support member; and an inner support member connected to a second end of the bridge and adapted to be inserted into the nostril and to contact an inner surface of the nostril similar to that disclosed. When inserted, tension generated between the outer support member and the inner support member causes lateral movement of a surface within the nostril and opens a nasal airway. Additionally, the inner support can be curved to create an outward movement of the lateral wall of the nose. This in turn enables improved breathing. The nose clip may be made of a malleable material. The inner support member may include extensions that are malleable. The inner support members may be bent so that they create a convex contour of an interior surface of the nasal cavity. A different embodiment of the nose clip can be used to deliver drugs via a fluid filled cavity and porous surface that allows evaporation of the fluid and drug into the nasal cavity as air is drawn over the inner support member. Prior art US 20100030252 A1 to Stewart discloses nasal device similar to that disclosed. The nasal dilator comprises at least two opposing limbs that are biased apart and that are configured so as to be capable of being inserted simultaneously into a single nostril. In one embodiment, the dilator comprises two limbs and the limbs are configured such that once both limbs are inserted they may perform an outward dilation of the nostril at the soft tissue surrounding the ostium internum. Prior art US 20120330345 A1 to Tasca discloses nose insert device similar to that disclosed. More specifically, Tasca discloses mechanical dilator, which can be inserted in the nasal cavities through the nostrils to aid air flow, includes two elastic elements , having an elongate arched shape, and a fork, having arms which are connected by a bridge, the arms supporting the elastic elements, cantilever-style, on two sides of the fork, extending outwards from the arms. Prior art US 20150173933 A1 to Castillo discloses nose adhering clip similar to that disclosed. More specifically, Castillo discloses a goggle kit including a goggle clip attachable to the goggle frame, and a corresponding nose element, which adheres to the user's nose. The nose element and the goggle clip are configured to be detachably engageable therewith, such that when the nose element is placed on the user's nose and the goggle is placed over the user's eyes, the goggle clip and nose element may be engaged with each other, thereby urging the nasal opening of the user to dilate. Prior art US 20060207598 A1 to Thomas discloses nasal device similar to that disclosed. More specifically, Thomas discloses internal nasal dilator and compound delivery apparatus preferably includes a U-shaped clip having septum engaging pads, and first and second nostril expanders, wherein the pads engage the septum along planar surfaces, each of the expanders include a conforming outer-nostril wall engaging element and a flexible arm interconnecting the engaging element and clip, and at least a portion of the dilator is formed of a porous material, such as an ethylene vinyl acetate copolymer, configured to retain and discharge over a period a quantity of compound. Prior art US 10010442 B2 to Ierulli et al. discloses nasal applicator similar to that disclosed. 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 20170172783 A1 to Pepper et al. discloses nasal applicator similar to that disclosed. More specifically, Pepper discloses nasal dilator device comprises a substantially U-shaped body including a central portion arranged to span a septum of a nose when worn by a user and first and second leg members extending from the central portion in a first plane, a first cantilever rib member extending outward from the U-shaped body in a second plane and a second cantilever rib member extending outward from the U-shaped body in a third plane, wherein the first and second cantilever rib members extend away from each other. The nasal dilator device further comprises a first intermediate section connecting an end of the first leg member to a proximal end of the first cantilever rib member, wherein the first intermediate section extends from the first plane to the second plane; and a second intermediate section connecting an end of the second leg member to a proximal end of the second cantilever rib member, wherein the second intermediate section extends from the first plane to the third plane and at least one projection protruding from and extending along at least a portion of a length of each of the first and second cantilever rib members. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. 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 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) Form at http://www.uspto.gov/interviewpractice. /SUNITA REDDY/Primary Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Apr 07, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+60.5%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 724 resolved cases by this examiner. Grant probability derived from career allow rate.

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