DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendments to claims 1-2 in the response filed on 04/23/2026 are acknowledged.
Claims 1-4 remain pending in the application
Claims 1-4 are examined.
Response to Arguments
The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claim 1 to require “the channel sized and shaped to grip an outer surface of a laryngoscope tube, and a compressible filler material filling the nasal anchor, the compressible filler material being configured to be temporarily compressed for insertion of the nasal anchor into a nostril of a patient and to subsequently expand within the nostril”, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, recites “a second hole in circular bottom wall”. The examiner believes “a second hole in the circular bottom wall” are the correct words to use here.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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 –
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2012/0071824 to Chang et al. (hereinafter “Chang”).
Regarding claim 1, A nasal anchor, comprising :a circular top wall (top surface of 104, Fig. 2B, [0141]); a circular bottom wall substantially parallel to the circular top wall (bottom surface of 104, Fig. 2B, [0141]); a rounded wall (outer wall surface of 104, Fig. 2B, [0141]) connecting the circular top wall and the circular bottom wall (Fig. 2B); a first hole in the circular top wall (top hole of 104, Fig. 2B, [0141]); a second hole in circular bottom wall (bottom hole of 104, Fig. 2B, [0141]); a channel bridging the first hole and the second hole (channel of 104 Fig. 2B, [0141]), the channel sized and shaped to grip an outer surface of a laryngoscope tube (100, Fig. 2B, [0141]); a slit in rounded wall extending from an outer surface of the rounded wall to the channel (hole connecting 306 to 302, Figs. 4a-4b, [0154]); and a compressible filler material filling the nasal anchor ([0141]-[0147]), the compressible filler material being configured to be temporarily compressed for insertion of the nasal anchor into a nostril of a patient and to subsequently expand within the nostril ([0141]-[0147]).
Regarding claim 2, Chang discloses the nasal anchor of Claim 1, and Chang further discloses whereby the filler material comprises a foam filler (Chang: [0141]-[0147]).
Regarding claim 3, Chang, discloses the nasal anchor of Claim 2, and Chang further discloses wherein the foam filler is memory foam (Chang: [0141]-[0147]).
Regarding claim 4, Chang discloses the nasal anchor of anchor of Claim 1, and Chang further disclose whereby the channel is sized and shaped to at least partially surround an outer tube of a laryngoscope (104, Fig. 2B, [0141]- the examiner notes that the channel is sized and shaped to have this ability).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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