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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on 1/6/2026 has been entered.
Claims 1, 4, 9, and 18 have been amended.
Claims 10-12, 16-17, and 19-20 have been cancelled.
Claim Objections
Claim 5 is objected to because line 1-2 recites “the provided means for linking,” applicant might consider removing the term provided. Appropriate correction is required.
Claim 13 is objected to because line 1-2 recites “the provided strap or straps,” applicant might consider removing the term provided. Appropriate correction is required.
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.
Claims 1-9, 13-15, and 18 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.
Regarding claims 1, 9, and 18 requiring a primary denture set and a second denture set, it unclear why a second denture set is needed for preventing or assisting in reducing conditions of snoring or obstructive sleep apnea, and further, the method of claims 1, 9, and 18 do not recite steps for preventing/assisting in reducing conditions of snoring or obstructive sleep apnea.
Regarding the primary denture set recited in claims 1, 9, and 18, it is noted that the primary denture set does not include a means for linking/connecting the mandibular denture & maxillary denture, therefore, it is unclear how the primary denture set deems necessary to advancing the lower jaw.
Regarding claim 2 requiring said secondary denture set with different characteristics adequate or more suitable for anti-snoring, such recitation (with emphasis added) deems indefinite as it is unclear what characteristic deems different on the spectrum of anti-snoring. Applicant is invited provide what are the variations of characteristics in the context of anti-snoring.
Regarding claim 3 reciting partially simpler and increased exposure of gums to air as two characteristics of said secondary denture set, such recitations (with emphasis added) deem indefinite as being simpler deems subjective. Applicant is invited to provide clarifications on these characteristics.
Regarding claim 3 reciting the primary denture meant for chewing food, such recitation deems confusing as it is inconsistent with scope of preventing/assisting conditions of snoring or obstructive sleep apnea.
Claim 4 recites the limitation "said different characteristics" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "a different price” in line 3, such recitation deems indefinite as price is NOT a structure of the claimed 2nd denture set.
Regarding claim 4 reciting said secondary denture set for cosmetic, such recitation deems differs from that of scope of the claimed method as recited in preamble of claim 1.
Claim 8 recites the limitation "said secondary mandibular and maxillary dentures” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Dependent claims 5-7 and 13-15 are rejected insofar as they depend from a rejected claim and thereby incorporate the deficiency due to their dependency.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786