DETAILED ACTION
This action is in response to the application filed 4/24/2024. Currently, claims 1-18 are pending in the application.
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 Objections
Claim 1 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “a user’s bottom teeth” in line 3 of the claim should be amended to recite ---the user’s bottom teeth---. Appropriate correction is required.
Claims 1, 3, 9, 10, 12 and 18 are objected to because of the following informalities: claims 1, 3, 9, 10, 12 and 18 recite an “upper base member,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claims 1-3, 9, 10, 12, 13 and 18 are objected to because of the following informalities: claims 1-3, 9, 10, 12, 13 and 18 recite a “bottom base member,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claims 1, 2, 6, 9, 12, 16 and 18 are objected to because of the following informalities: claims 1, 2, 6, 9, 12, 16 and 18 recite a “first upper member nodule,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claims 1, 2, 4, 6, 9, 10, 12, 14, 16 and 18 are objected to because of the following informalities: claims 1, 2, 4, 6, 9, 10, 12, 14, 16 and 18 recite a “first bottom member nodule,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claims 1, 2, 6, 9, 12, 16 and 18 are objected to because of the following informalities: claims 1, 2, 6, 9, 12, 16 and 18 recite a “first affixing mechanism member,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “wherein when said first affixing mechanism member is positioned around said first upper member nodule and said first bottom member nodule wherein said first affixing mechanism member applies force” in lines 1-3 of the claim should be amended to recite ---wherein when said first affixing mechanism member is positioned around said first upper member nodule and said first bottom member nodule, said first affixing mechanism member applies force ---. Appropriate correction is required.
Claims 3-6, 9-11, 13-16 and 18 are objected to because of the following informalities: claims 3-6, 9-11, 13-16 and 18 recite a “second upper member nodule,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claims 3-6, 9-11, 13-16 and 18 are objected to because of the following informalities: claims 3-6, 9-11, 13-16 and 18 recite a “second bottom member nodule,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: in order to correct a typographical error, “module” in line 3 of the claim should be amended to recite ---nodule---. Appropriate correction is required.
Claims 5, 6, 9-11, 15, 16 and 18 are objected to because of the following informalities: claims 5, 6, 9-11, 15, 16 and 18 recite a “second affixing mechanism member,” which is a claim limitation lacking proper antecedent basis in the specification. The is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “said a first upper member nodule” in line 2 of the claim should be amended to recite ---said first upper member nodule---. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “said affixing mechanism member” in line 1 of the claim should be amended to recite ---said first affixing mechanism member---. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “a user’s bottom teeth” in line 5 of the claim should be amended to recite ---the user’s bottom teeth---. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “said upper teeth” in line 11 of the claim should be amended to recite ---said user’s upper teeth---. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “said bottom teeth” in line 12 of the claim should be amended to recite ---said user’s bottom teeth---. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: claim 10 is not structured as a sentence ending with a period. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “a user’s upper teeth” in line 3 of the claim should be amended to recite ---the user’s upper teeth---. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “a user’s bottom teeth” in line 4 of the claim should be amended to recite ---the user’s bottom teeth---. Appropriate correction is required.
Claim 14 is objected to because of the following informalities: in order to correct a typographical error, “module” in line 3 of the claim should be amended to recite ---nodule---. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “said a first upper member nodule” in line 2 of the claim should be amended to recite ---said first upper member nodule---. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: in order to improve the clarity of the claim(s), “said second affixing mechanism member is positioned around said second upper member nodule and said second bottom member nodule wherein said second affixing mechanism member applies force” should be amended to recite ---said second affixing mechanism member is positioned around said second upper member nodule and said second bottom member nodule such that said second affixing mechanism member applies force---. Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “first affixing mechanism member” in claims 1, 2, 6, 9, 12, 16 and 18.
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.
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: “second affixing mechanism member” in claims 5, 6, 9-11, 15, 16 and 18.
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 § 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.
Claim limitation “first affixing mechanism member” (see claims 1, 2, 6, 9, 12, 16 and 18) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim limitation “second affixing mechanism member” (see claims 5, 6, 9-11, 15, 16 and 18) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 7 is 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. Claim 7 contains the trademark/trade name teflon. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe polytetrafluoroethylene and, accordingly, the identification/description is indefinite.
Claim 8 is 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. Claim 8 recites “said nodules.” It is unclear which of the previously recited “first upper member nodule,” “first bottom member nodule,” “second upper member nodule” and/or “second bottom member nodule” Applicant is attempting to refer to.
Claims 9-11 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. Claim 9 recites the limitation "the symptoms associated with sleep apnea" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 10 and 11 depend on claim 9 and therefore, include the same error.
Claims 9-11 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. Claim 9 is structured as two sentences, making it unclear what single sentence constitutes the claim. For purposes of examination, the examiner will interpret claim 9 to mean ---providing a system for decreasing the symptoms associated with sleep apnea comprising: a bottom base member configured to fit to a user's bottom teeth wherein said bottom base member is separate and apart from said upper base member; a first upper member nodule attached to said upper base member; a first bottom member nodule attached to said bottom base member; a first affixing mechanism member configured to span around said first upper member nodule and said first bottom member nodule; placing said upper base member on said upper teeth; placing said bottom base member on said bottom teeth; and placing said first affixing mechanism member around said first upper member nodule and said first bottom member nodule---. Claims 10 and 11 depend on claim 9 and therefore, include the same error.
Claims 10 and 11 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. Claim 10 recites the limitation "the method of claim 10" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the examiner will interpret the limitation to mean ---the method of claim 9---. Claim 11 depends on claim 10 and therefore, includes the same error.
Claims 12-18 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. Claim 2 recites the limitations “the slackening of the jaw,” “the constriction of the user’s airway” and “the effects of sleep apnea.” There is insufficient antecedent basis for these limitations in the claim. Claims 13-18 depend on claim 12 and therefore, include the same error.
Claim 17 is 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. Claim 17 recites “said affixing mechanism member” in line 1 of the claim. It is unclear which of the previously recited “first affixing mechanism member” or “second affixing mechanism member” Applicant is attempting to refer to.
Claim 17 is 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. Claim 17 contains the trademark/trade name teflon. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe polytetrafluoroethylene and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 102
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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gillette et al. (US 2019/0159928 A1).
In regards to claim 1, Gillette et al. teaches in Figures 1-3, [0019] and [0021-0022] an upper base member (upper member 16) configured to fit to a user's upper teeth ([0019] teaches “an upper member 16 formed to fit over upper teeth”); a bottom base member (lower member 14) configured to fit to a user’s bottom teeth ([0019] teaches “a lower member 14 formed to fit over lower teeth”) wherein said bottom base member (lower member 14) is separate and apart from (as shown in Figure 2) said upper base member (upper member 16); a first upper member nodule (first peg 18 of upper member 16) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said upper base member (upper member 16); a first bottom member nodule (first peg 18 of lower member 14) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said bottom base member (lower member 14); and a first affixing mechanism member (first connector 20) configured to span around (as shown in Figure 1; [0022] teaches “a first rubber band connects to the first peg 18 of the upper member 16 and the first peg 18 of the lower member 14”) said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14).
In regards to claim 2, Gillette et al. teaches the apparatus of claim 1. Gillette et al. teaches in Figure 1 and [0022] that when said first affixing mechanism member (first connector 20) is positioned around (as shown in Figure 1; [0022] teaches “a first rubber band connects to the first peg 18 of the upper member 16 and the first peg 18 of the lower member 14”) said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14) wherein said first affixing mechanism member (first connector 20) applies force to said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14) to keep said upper base member (upper member 16) and said bottom base member (lower member 14) pulled toward one another ([0022] teaches “the connectors 20 of the present invention may include rubber bands” and “the rubber bands bias the upper member 16 and the lower member 14 together when worn”).
In regards to claim 3, Gillette et al. teaches the apparatus of claim 1. Gillette et al. teaches in Figures 1-3 and [0021] a second upper member module (second peg 18 of upper member 16) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said upper base member (upper member 16); and a second bottom member nodule (second peg 18 of lower member 14) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said bottom base member (lower member 14).
In regards to claim 4, Gillette et al. teaches the apparatus of claims 1 and 3. Gillette et al. teaches in Figure 2 wherein: said second upper member nodule (second peg 18 of upper member 16) is located across from (as shown in Figure 2) said first upper member module (first peg 18 of upper member 16); and said second bottom member nodule (second peg 18 of lower member 14) is located across from (as shown in Figure 2) said first bottom member nodule (first peg 18 of lower member 14).
In regards to claim 5, Gillette et al. teaches the apparatus of claims 1, 3 and 4. Gillette et al. teaches in Figures 1-3 and [0022] a second affixing mechanism member (second connector 20) configured to span around (as shown in Figures 1-3; [0022] teaches “the second rubber band connects to the second peg 18 of the upper member 16 and the second peg 18 of the lower member 14”) said second upper member nodule (second peg 18 of upper member 16) and said second bottom member nodule (second peg 18 of lower member 14).
In regards to claim 6, Gillette et al. teaches the apparatus of claims 1 and 3-5. Gillette et al. teaches in Figures 1-3 and [0021-0022] wherein: said a first upper member nodule (first peg 18 of upper member 16) is configured with a notch (narrow shaft of the first peg 18 of upper member 16; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said first affixing mechanism member (first connector 20) to said first upper member nodule (first peg 18 of upper member 16); said first bottom member nodule (first peg 18 of lower member 14) is configured with a notch (narrow shaft of the first peg 18 of lower member 14; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said first affixing mechanism member (first connector 20) to said first bottom member nodule (first peg 18 of lower member 14); said second upper member nodule (second peg 18 of upper member 16) is configured with a notch (narrow shaft of the second peg 18 of upper member 16; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said second affixing mechanism member (second connector 20) to said second upper member nodule (second peg 18 of upper member 16); and said second bottom member nodule (second peg 18 of lower member 14) is configured with a notch (narrow shaft of the second peg 18 of lower member 14; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said second affixing mechanism member (second connector 20) to said second bottom member nodule (second peg 18 of lower member 14).
In regards to claim 7, Gillette et al. teaches the apparatus of claims 1, 3 and 4. Gillette et al. teaches in [0022] that said affixing mechanism member (first connector 20) is comprised of one or more of: rubber ([0022] teaches “the connectors 20 of the present invention may include rubber bands”); nylon; teflon; or wire.
In regards to claim 8, Gillette et al. teaches the apparatus of claims 1, 3 and 4. Gillette et al. teaches in Figures 1-3 and [0021-0022] that said nodules (pegs 18) are hourglass shaped (inasmuch as [0021-0022] and Figures 1-3 teach the pegs 18 having a narrow shaft extending between wider base and flange portions).
In regards to claim 9, Gillette et al. teaches in Figures 1-3 and [0018-0021] providing a system (facial integrity oral appliance 10) for decreasing the symptoms associated with sleep apnea ([0018] teaches “the present invention includes a facial integrity oral appliance that prevents a CPAP from leaking”) comprising: an upper base member (upper member 16) configured to fit to a user’s upper teeth ([0019] teaches “an upper member 16 formed to fit over upper teeth”); a bottom base member (lower member 14) configured to fit to a user's bottom teeth ([0019] teaches “a lower member 14 formed to fit over lower teeth”) wherein said bottom base member (lower member 14) is separate and apart from (as shown in Figure 2) said upper base member (upper member 16); a first upper member nodule (first peg 18 of upper member 16) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said upper base member (upper member 16); a first bottom member nodule (first peg 18 of lower member 14) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said bottom base member (lower member 14); a first affixing mechanism member (first connector 20) configured to span around (as shown in Figure 1; [0022] teaches “a first rubber band connects to the first peg 18 of the upper member 16 and the first peg 18 of the lower member 14”) said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14); placing said upper base member (upper member 16) on said upper teeth ([0019] teaches “an upper member 16 formed to fit over upper teeth;” [0020] teaches “the upper and lower members 14, 16 may be form fitted for a patient's teeth”); placing said bottom base member (lower member 14) on said bottom teeth ([0019] teaches “a lower member 14 formed to fit over lower teeth;” [0020] teaches “the upper and lower members 14, 16 may be form fitted for a patient's teeth”); and placing said first affixing mechanism member (first connector 20) around (as shown in Figure 1; [0022] teaches “a first rubber band connects to the first peg 18 of the upper member 16 and the first peg 18 of the lower member 14”) said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14).
In regards to claim 10, Gillette et al. teaches the method of claim 9. Gillette et al. teaches in Figures 1-3, [0018] and [0021] that said system (facial integrity oral appliance 10) for decreasing the symptoms associated with sleep apnea ([0018] teaches “the present invention includes a facial integrity oral appliance that prevents a CPAP from leaking”) further comprises: a second upper member module (second peg 18 of upper member 16) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said upper base member (upper member 16) wherein said second upper member nodule (second peg 18 of upper member 16) is located across from (as shown in Figure 2) said first upper member module (first peg 18 of upper member 16); a second bottom member nodule (second peg 18 of lower member 14) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said bottom base member (lower member 14) wherein said second bottom member nodule (second peg 18 of lower member 14) is located across from (as shown in Figure 2) said first bottom member nodule (first peg 18 of lower member 14); a second affixing mechanism member (second connector 20) configured to span around (as shown in Figures 1-3; [0022] teaches “the second rubber band connects to the second peg 18 of the upper member 16 and the second peg 18 of the lower member 14”) said second upper member nodule (second peg 18 of upper member 16) and said second bottom member nodule (second peg 18 of lower member 14);
In regards to claim 11, Gillette et al. teaches the method of claims 9 and 10. Gillette et al. teaches in Figures 1-3 and [0022] placing said second affixing mechanism member (second connector 20) around (as shown in Figures 1-3; [0022] teaches “the second rubber band connects to the second peg 18 of the upper member 16 and the second peg 18 of the lower member 14”) said second upper member nodule (second peg 18 of upper member 16) and said second bottom member nodule (second peg 18 of lower member 14).
In regards to claim 12, Gillette et al. teaches in Figures 1-3, [0019] and [0021-0022] an upper base member (upper member 16) configured to fit to a user's upper teeth ([0019] teaches “an upper member 16 formed to fit over upper teeth”); a bottom base member (lower member 14) configured to fit to a user’s bottom teeth ([0019] teaches “a lower member 14 formed to fit over lower teeth”) wherein said bottom base member (lower member 14) is separate and apart from (as shown in Figure 2) said upper base member (upper member 16); a first upper member nodule (first peg 18 of upper member 16) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said upper base member (upper member 16); a first bottom member nodule (first peg 18 of lower member 14) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said bottom base member (lower member 14); and a first affixing mechanism member (first connector 20) configured to span around (as shown in Figure 1; [0022] teaches “a first rubber band connects to the first peg 18 of the upper member 16 and the first peg 18 of the lower member 14”) said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14).
In regards to claim 13, Gillette et al. teaches the apparatus of claim 12. Gillette et al. teaches in Figures 1-3 and [0021] a second upper member module (second peg 18 of upper member 16) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said upper base member (upper member 16); and a second bottom member nodule (second peg 18 of lower member 14) attached to (as shown in Figure 2; [0021] teaches “the lower member 14 and the upper member 16 may each include a first peg 18 and a second peg 18”) said bottom base member (lower member 14).
In regards to claim 14, Gillette et al. teaches the apparatus of claims 12 and 13. Gillette et al. teaches in Figure 2 wherein: said second upper member nodule (second peg 18 of upper member 16) is located across from (as shown in Figure 2) said first upper member module (first peg 18 of upper member 16); and said second bottom member nodule (second peg 18 of lower member 14) is located across from (as shown in Figure 2) said first bottom member nodule (first peg 18 of lower member 14).
In regards to claim 15, Gillette et al. teaches the apparatus of claims 12 and 13. Gillette et al. teaches in Figures 1-3 and [0022] a second affixing mechanism member (second connector 20) configured to span around (as shown in Figures 1-3; [0022] teaches “the second rubber band connects to the second peg 18 of the upper member 16 and the second peg 18 of the lower member 14”) said second upper member nodule (second peg 18 of upper member 16) and said second bottom member nodule (second peg 18 of lower member 14).
In regards to claim 16, Gillette et al. teaches the apparatus of claims 12, 13 and 15. Gillette et al. teaches in Figures 1-3 and [0021-0022] wherein: said a first upper member nodule (first peg 18 of upper member 16) is configured with a notch (narrow shaft of the first peg 18 of upper member 16; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said first affixing mechanism member (first connector 20) to said first upper member nodule (first peg 18 of upper member 16); said first bottom member nodule (first peg 18 of lower member 14) is configured with a notch (narrow shaft of the first peg 18 of lower member 14; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said first affixing mechanism member (first connector 20) to said first bottom member nodule (first peg 18 of lower member 14); said second upper member nodule (second peg 18 of upper member 16) is configured with a notch (narrow shaft of the second peg 18 of upper member 16; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said second affixing mechanism member (second connector 20) to said second upper member nodule (second peg 18 of upper member 16); and said second bottom member nodule (second peg 18 of lower member 14) is configured with a notch (narrow shaft of the second peg 18 of lower member 14; taught in [0021-0022] and Figures 1-3) for securing (as shown in Figures 1-3; [0022] teaches “the looped or endless rubber bands may wrap around the peg so that the rubber band is applying force against the shaft in between the base and the rounded flange”) said second affixing mechanism member (second connector 20) to said second bottom member nodule (second peg 18 of lower member 14).
In regards to claim 17, Gillette et al. teaches the apparatus of claims 12, 13, 15 and 16. Gillette et al. teaches in [0022] that said affixing mechanism member (first and second connectors 20) is comprised of one or more of: rubber ([0022] teaches “the connectors 20 of the present invention may include rubber bands”); nylon; teflon; or wire.
In regards to claim 18, Gillette et al. teaches the apparatus of claims 12, 13 and 15. Gillette et al. teaches in Figure 1 and [0022] that when said first affixing mechanism member (first connector 20) is positioned around (as shown in Figure 1; [0022] teaches “a first rubber band connects to the first peg 18 of the upper member 16 and the first peg 18 of the lower member 14”) said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14) wherein said first affixing mechanism member (first connector 20) applies force to said first upper member nodule (first peg 18 of upper member 16) and said first bottom member nodule (first peg 18 of lower member 14) to keep said upper base member (upper member 16) and said bottom base member (lower member 14) pulled toward one another ([0022] teaches “the connectors 20 of the present invention may include rubber bands” and “the rubber bands bias the upper member 16 and the lower member 14 together when worn”); said second affixing mechanism member (second connector 20) is positioned around (as shown in Figures 1-3; [0022] teaches “the second rubber band connects to the second peg 18 of the upper member 16 and the second peg 18 of the lower member 14”) said second upper member nodule (second peg 18 of upper member 16) and said second bottom member nodule (second peg 18 of lower member 14) wherein said second affixing mechanism member (second connector 20) applies force to said second upper member nodule (second peg 18 of upper member 16) and said second bottom member nodule (second peg 18 of lower member 14) to keep said upper base member (upper member 16) and said bottom base member (lower member 14) pulled toward one another ([0022] teaches “the connectors 20 of the present invention may include rubber bands” and “the rubber bands bias the upper member 16 and the lower member 14 together when worn”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim (US 2014/0178829 A1)
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 8/6/2025