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. 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 appl icant regards as his invention. Claim 1, and thus its dependent claims, 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. The term “ slow release apparatus for slowly releasing a compound in a nasal passage ” in claim 1 is a relative term which renders the claim indefinite. The term “ slow release ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, neither the claim(s) or Applicant’s specification describes specific structure that contributes to the “slow release” of the medical compound, but merely states throughout the specification “a slow release apparatus 1 for slowly releasing a compound in a nasal passage”. Furthermore, the claims and/or specification do not provide a standard for ascertaining the rate of the compound release, therefore it is unclear what constitutes a “slow release” of the compound into the nasal passage. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “expansion mechanism” in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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 – (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. Claim(s) 1- 2, 7-8 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Santin et al. ( US 8,403,954 ). Regarding claim 1, Santin discloses a slow release apparatus for slowly releasing a compound in a nasal passage (nasal breathing apparatus 10, Abstract and Figure 9; nasal breathing apparatus 10 as shown in Figure 9 utilizes a removable medication carrier 60 comprising a therapeutic agent to be released into nasal passages, Col. 15 lines 1-5 ; the Examiner notes the 112b rejection presented above with regard to the term “slow release” ) , wherein the slow release apparatus comprises at least one expansion mechanism (nasal breathing apparatus comprises tubular elements 10 comprising outer walls wherein when worn by the user, the tubular elements 10 maintain open nasal passages, Col. 16 lines 48-52 and Figure 12) and at least one release mechanism (medicament carrier 60 which may include a medium adapted to bear a therapeutic agent, is intended to be inserted within the internal grooves 64 of the cavity formed by the tubular elements 10, Figure 9 and Col. 15 lines 7-15) ; the expansion mechanism is configured to expand a nasal passage and fix the slow release apparatus in the nasal passage (nasal breathing apparatus comprises tubular elements 10 comprising outer walls wherein when worn by the user, the tubular elements 10 maintain open nasal passages, Col. 16 lines 48-52 and Figure 12) , and each release mechanism is arranged in the expansion mechanism to release a compound (medicament carrier 60 configured to be inserted into the tubular cavity formed by the tubular elements 10, Figure 9) ; the release mechanism comprises at least one fixing tube (the tubular cavity formed by each tubular element 10, Figure 9) and at least one release element (medicament carrier 60, Figure 9 and Col. 15 lines 7-15) ; the fixing tube is a tubular structure which is arranged on the expansion mechanism (the tubular cavity formed by each tubular element 10, Figure 9) ; when worn, the release element is fixed in the fixing tube (when in use, medicament carrier 60 is fixed within the cavity formed by the tubular element 10, Figure 9 and Col. 15 lines 7-15) ; and the release element is capable of containing a certain amount of compound and allows the contained compound to be slowly released in the nasal passage (medicament carrier 60 may include various medications for treating nasal diseases, therefore fully capable of containing a certain amount of a compound to then be slowly released into the nasal passage, Col. 15 lines 15-17 and Figure 9) , and when worn, at least part of the release element is located in the nasal passage (as the tubular element 10 is configured to be inserted into the nasal passage, with the medicament carrier 60 being inserted into the tubular cavity, the medicament carrier 60 is located in the nasal passage when device is worn, Figure 12). Regarding claim 2, Santin further discloses wherein the slow release apparatus further comprises a connection mechanism configured to block the slow release apparatus from being sucked deep into the nasal passage by a user (a coupler element 16 extends between the two tubular elements 10 such that the device is not sucked into the nasal passage by the user, Figure 9) ; the connection mechanism is integrally or detachably connected to at least one expansion mechanism (coupler element 16 is integrally connected to the two tubular elements 10, Figure 9) ; each expansion mechanism is arranged in the nasal passage on one side (see Figure 12 showing each tubular element 10 comprising outer walls inserted in each nasal passage) ; each release mechanism is arranged on the expansion mechanism or the connection mechanism in the nasal passage on the side (a medicament carrier 60 is inserted in each tubular element 10, Figure 9) ; and the connection mechanism comprises at least one connecting beam, which semi- surrounds a lower end of a nasal passage wall (coupler element 16 is a beam that surrounds a lower end of the nasal passage, Figures 9 and 12). Regarding claim 7, Santin further discloses wherein the connecting beam applies a wrap-around force to the nasal passage wall (as the coupler element 16 is a curved structure configured to be wrapped around the nasal passage, coupler element 16 fully capable of applying a “wrap-around force”, Figure 9). Regarding claim 8, Santin further discloses wherein an axis of the fixing tube is substantially parallel to an axis of the nasal passage (axis of tubular element 10 substantially parallel to axis of nasal passage, Figure 12). Regarding claim 9, Santin further discloses wherein the release element (medicament carrier 60, Figure 9) is a structure wide at two ends and narrow in the middle (see medicament carrier 60 including a frame with a tapered configuration, therefore comprises a wide first end and narrower in the middle, Figure 9 and Col. 15 lines 10-15) , and when worn, the fixing tube surrounds the middle of the release element (medicament carrier 60 configured to be inserted into tubular cavity formed by the tubular elements 10, therefore the tubular element surrounds the middle of the carrier 60, Figure 9 and Col. 15 lines 5-15) ; two ends of the release element are located on outer sides of two ends of the fixing tube (the medicament carrier 60 is removable, therefore fully capable of having two ends located on outer sides of the tubular element 10, Col. 12-13 and Figure 9) ; for the two ends of the release element the width of at least one location at each end is greater than the width of an inner cavity of the fixing tube at that location to prevent the release element from slipping out of the fixing tube (due to the frame of the medicament carrier 60 having a tapered configuration, one end of the frame may have a larger width than the tubular element 10, Figure 9; the frame of the medicament carrier 60 may be constructed with other shapes, and the tubular element may define corresponding channels or other mechanisms for receiving the frame of the carrier 60, Col. 15 lines 12-15). Regarding claim 11, Santin further discloses wherein the release element is made of a porous material (the therapeutic agent released from the medicament carrier 60 may be made of a microporous polymer material, Col. 25 lines 30-36 and Figure 9). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable ove r Santin et al. ( US 8,403,954 ) in view of Brown (US 2011/0118775 A1). Regarding claim 3, Santin teaches the slow release apparatus according to claim 1, and although Santin teaches tubular elements 10 configured to expand the nasal passage ( Col. 16 lines 48-52 ), Santin doesn’t explicitly state wherein the expansion mechanism comprises an elastic expansion arm configure to expand the nasal passage. However, Brown teaches a nasal dilator and compound delivery apparatus (Abstract and dilator 10, Figures 2- 7 ) comprising an expansion mechanism comprising an elastic expansion arm configured to expand the nasal passage (each nasal expander 36, 38 comprises a flexible tubular nostril engaging member 40 configured to expand the nasal passage, Paragraph 0033 and Figures 2-7). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Santin’s nasal device such that it includes an elastic expansion arm, as taught by Brown, as providing an elastic expansion arm may further aid in maintaining the nasal passages open while the device is being worn by the user. Regarding claim 4, Brown further teaches wherein the expansion mechanism further comprises a nasal passage engagement element (the flexible tubular engaging member 40 comprises areas of nasal engagement 58, Paragraph 0039) , which is connected to the elastic expansion arm, to disperse the intensity of pressure of the expansion mechanism on an inner wall of the nasal passage (areas of nasal engagement 58 exert pressure on an inner wall of the nasal passage, Paragraph 0039 and Figures 5-7). Regarding claim 5, Brown further teaches wherein the expansion mechanism further comprises an elastic support spoke configured to increase the expansion strength of the expansion mechanism (each nostril expander 36, 38 comprises elastic cross beams 60 to increase structural rigidity, Paragraph 0038 and Figures 5-7). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Santin’s nasal device such that it includes an support spoke, as also taught by Brown, as providing such a supporting structure may increase the overall structural rigidity of the device (Paragraph 0038 of Brown). Regarding claim 6, Brown further teaches wherein the expansion mechanism further comprises an elastic support spoke configured to increase the expansion strength of the expansion mechanism (each nostril expander 36, 38 comprises elastic cross beams 60 to increase structural rigidity, Paragraph 0038 and Figures 5-7). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Santin’s nasal device such that it includes an support spoke, as also taught by Brown, as providing such a supporting structure may increase the overall structural rigidity of the device (Paragraph 0038 of Brown). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable ove r Santin et al. ( US 8,403,954 ) in view of Wu (CN 201855498 U). Regarding claim 10, Santin teaches the slow release apparatus according to claim 9, and although Santin teaches that the medicament carrier 60 may be formed with various shapes (Col. 15 lines 10-15), Santin doesn’t explicitly state wherein the release element comprises a medicine barrel, and a barrel lid and a barrel bottom connected to and covering two ends of the medicine barrel; and the medicine barrel is a hollow tubular structure, which contains a compound therein, and the barrel lid and the barrel bottom are provided with at least one opening to allow the compound to be discharged through the opening towards the nasal passage. However, Wu teaches a nasal medicine administering device (Abstract and Figure 1) comprising a medicine barrel comprising a tubular structure containing a compound therein (medicine containing cylinder 1 provided with a mesh, Abstract and Figure 1) wherein the medicine barrel comprises a lid ( end cap 3, Paragraph 0011 and Figure 1) and a barrel bottom (see bottom of cylinder 1, Figure 1), further teaching an opening to allow the compound to be discharged through the nasal passage (the top end cap 3 may be removed during use to therefore allow the medicine to be administered to the nasal passages, Figure 1 and Abstract). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Santin’s nasal device such that the medicament carrier is barrel-shaped and comprises a lid and an opening, as taught by Wu, as a barrel-shape medicament container may provide a better fit in the tubular elements 10 of Santin’s device, and providing a lid allows for safe handling and removal of the medicament carrier when needed. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Aboff (US 10,413,686 B2) and Shannon (US 2009/0062733 A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 7:30 AM - 4:30 PM . 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, Brandy Lee can be reached on (571)- 270-7410 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SARAH B LEDERER/ Examiner, Art Unit 3785 /MARGARET M LUARCA/ Primary Examiner, Art Unit 3785