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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-13 and 15, in the reply filed on 12/30/2025 is acknowledged.
Claims 16-21 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/30/2025.
Claim 24 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/30/2025.
Status of Claims
Claim(s) 1-13, 15-21, 24 is/are pending of which Claim(s) 1, 16, 24 is/are presented in independent form. Claims 16-21 and 24 have been withdrawn. Claims 1-13 and 15 examined.
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Claims 1-13 and 15 are written such that two embodiments are positively claimed; one in which a protrusion extending transversely is in the socket and jaws are comprised on the plug, and another in which the jaws are comprised on the socket and the plug has the transversely extending protrusion. This second claimed embodiment is not shown or drawn at all the presently filed drawings. Therefore, this second embodiment must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 5, 8, 11, 15 objected to because of the following informalities:
Claim 1 recites “at least one of the engagement portion and complementary engagement portion are resiliently deformable” in lines 13-14 should be - at least one of the engagement portion and the complementary engagement portion are resiliently deformable-
Claim 1 recites “the abutment surface and complementary abutment surface” in lines 17-18 should be - the abutment surface and the complementary abutment surface-.
Claim 1 recites “the abutment between the abutment surface and complementary abutment surface” in lines 20-21 should be - the abutment between the abutment surface and the complementary abutment surface-.
Claim 1 recites “one of the engagement portion and complementary engagement portion” in lines 22-23 should be -one of the engagement portion and the complementary engagement portion-.
Claim 1 recites “the other of the engagement portion and complementary engagement portion” in lines 25-26 should be -the other of the engagement portion and the complementary engagement portion-.
Claim 5 recites “when the abutment surface and complementary abutment surface are sealingly abutted” should be - when the abutment surface and the complementary abutment surface are sealingly abutted-.
Claim 8 recites “the outer perimeter and complementary outer perimeter” in lines 4-5 should be - the outer perimeter and the complementary outer perimeter-.
Claim 11 recites “the abutment surface and complementary abutment surface abut one another” in line 22 should be - the abutment surface and the complementary abutment surface abut one another-.
Claim 15 recites “the mandibular splint portions” in line 5 should be - the mandibular splint portion-.
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.
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.
Claims 11-13 and 15 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 11 recites the limitation "the socket engagement portions" in lines 16, 25 and “the socket engagement portion” in line 28. There is insufficient antecedent basis for this limitation in the claim (no plurality given and not called a socket engagement portion previously). Will be interpreted as -the engagement portion-.
Claim 11 recites the limitation "the complementary engagement portions" in lines 16-17, 25-26 (no plurality has been given previously). There is insufficient antecedent basis for this limitation in the claim. Will be interpreted as -the complementary engagement portion-.
Claims 12-13 and 15 rejected as depending on a rejected claim.
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.
(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.
Claim(s) 1-8, 11-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robichaud (US 20200000625 A1).
Regarding claim 1, Robichaud discloses a plug 144 and socket 142 set (Fig. 6-13) for use in a mandibular advancement splint 110 (Fig. 6 and [0083-0084]), comprising:
a plug 144 (Fig. 10) having a plug head 146 of a predetermined size (Fig. 10-12), an engagement portion 180 (Fig. 10) and an abutment surface substantially surrounding a base 162 thereof (See Annotated Fig. 10); and
a socket 142 (Fig. 10) having:
an aperture 164 shaped to receive the engagement portion 180 therewithin (Fig. 10, 13);
a complementary engagement portion 195 within the aperture 164 (Fig. 6, 10, 13; [0091] wherein the locking pin 195 is within the aperture 164 and can be viewed as part of the socket 142 when in constructed configuration, see [0091] wherein the locking member 194 having the locking pin 195 is locked to the socket/support bracket 142); and
a complementary abutment surface surrounding an opening of the aperture 164 (See Annotated Fig. 10, and further Fig. 8-9, and Fig. 13, wherein the opening of the aperture 164 has a complementary abutment surface surrounding its opening of the aperture 164 that abut with the abutment surface of the plug 144);
wherein the plug head 146 is arranged to abut against a protruding portion 152 of the mandibular advancement splint 110 (Fig. 7 and [0084]);
at least one of the engagement portion 180 and the complementary engagement portion 195 are resiliently deformable to enable releasable interengagement therebetween when the engagement portion 180 is received within the aperture 164 ([0089] the engagement portion 180 are flexible and bended temporarily, thus resiliently deformable, to enable interengagement with the locking pin/complementary engagement portion 195);
the abutment surface and the complementary abutment surface abut one another when the engagement portion 180 is fully received within the aperture 164 (See Annotated Fig. 10 and Fig. 6 and Fig. 13, wherein the indicated abutment surfaces abut one another when the engagement portion 180 is fully received in the aperture 164);
the abutment between the abutment surface and the complementary abutment surface is a sealing abutment (See Annotated Fig. 10, and Fig. 6 and 13 wherein the surfaces are fully mated such that there is no opening therein, thus forming a “sealing abutment”);
one of the engagement portion 180 and the complementary engagement portion 195 comprises a protrusion 195 arranged to extend transverse to a direction of insertion into the aperture 164 (Fig. 10 and 13, wherein the complementary engagement portion 195 is the protrusion 195 which as seen in Fig. 10 has a transverse extending thickness, transverse to the insertion direction as seen by the dotted line in Fig. 10); and
the other of the engagement portion 180 and the complementary engagement portion 195 comprises a pair of jaws 180 adapted to releasably receive and retain the protrusion 195 therebetween, the pair of jaws 180 defining a space between one another having a shape substantially matching that of a cross-section of the protrusion 195 (See Fig. 13 and [0089], wherein the engagement portion 180 is the pair of jaws 180 that releasably receives and retains the protrusion 195 in a space between one another, that as seen in Fig. 13, substantially matches the cross-section of the protrusion 195).
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Regarding claim 2, Robichaud discloses the invention of claim 1 above.
Robichaud further discloses wherein the pair of jaws 180 are adapted to selectively and releasably grip the protrusion 195, thereby retaining the protrusion 195 therebetween (Fig. 13 and [0089] “Indeed, during insertion of the protrusion 162 into the receiving cavity 164, the flexible branches 180 of the protrusion 162 are bended temporarily, as the stop members 182 move past the protuberances 192, and subsequently return substantially to their original configuration, thereby “locking” the stop member 182 past the protuberances 192. In other words, once the temporary bending of the flexible branches 180 of the protrusion 162 has allowed the stop members 182 to move past the protuberances 192, the protuberances 192 engage the stop members 182 and restrict the reverse movement of the protrusion 162.”); and
the jaws 180 are further able to be selectively biased apart, releasing their grip upon the protrusion 195 that is received therebetween (Fig. 13 and [0089] “In order to disengage the adjustment spacer 144 from the corresponding support bracket 142, sufficient force to bend the branches 180 of the protrusion 162 must be applied for the stop members 182 to again move past the protuberances 192 (in the reverse direction)”).
Regarding claim 3, Robichaud discloses the invention of claim 1 above.
Robichaud further discloses wherein the complementary engagement portion 195 is the protrusion 195 (Fig. 10 and 13); and the protrusion 195 extends between two opposing inner surfaces 192 of the aperture 162 (Fig. 13, protrusion extends between the two inner surfaces 192; in the thickness extends between the two side surfaces of the aperture 162 as seen in Fig. 10).
Regarding claim 4, Robichaud discloses the invention of claim 1 above.
Robichaud further discloses wherein the releasable interengagement comprises a snap fit connection (see [0089] and Fig. 13, the protrusion 195 and the jaws 182 “snap fit” connect such that the jaws are bent around the protuberances 182 thus snapping into a configuration in which they are locked with the protrusion 195).
Regarding claim 5, Robichaud discloses the invention of claim 1 above.
Robichaud further discloses wherein the aperture 164 is a fully-blind aperture having only a single entry (see [0091] wherein in normal use, after the plug 144 has been inserted into the aperture 164, there is only a single entry to the aperture therein, for the locking member 194 to inserted; an alternate interpretation is that as the locking member 194 locks into the socket 142, when the locking member 194 is locked in and the plug 144 not inserted there is still only a single entry) (Examiner notes the alternate embodiment Fig. 1-5 provides a socket 42 having an aperture 64 with only a single entry as well); and
when the abutment surface and the complementary abutment surface (Annotated Fig. 10) are sealingly abutted against one another (Fig. 6 and 13), the aperture 164 is substantially completely sealed against fluid and particulate ingress thereinto or egress therefrom (Fig. 6 and Fig. 13, the inner aperture 164 is substantially sealed with no available connection to the exterior, thus being substantially completely sealed against fluid and particulate egress into the aperture).
Regarding claim 6, Robichaud discloses the invention of claim 1 above.
Robichaud further discloses wherein the plug 144 comprises at least one further abutment surface (See Annotated Fig. 10, the further abutment surface being the indicated convex curved/hump surface); and
the socket 142 comprises a matching number of further complementary abutment surfaces (See Annotated Fig. 10, wherein the socket 142 has a matching concave curved surface to receive the convex curved surface of the plug 144),
each arranged to abut against a separate one of the at least one further abutment surfaces when the engagement portion 180 is fully received within the aperture 164 (See Fig. 6 in view of Annotated Fig. 10, wherein these indicated surfaces mate and abut each other).
Regarding claim 7, Robichaud discloses the invention of claim 1 above.
Robichaud further discloses wherein the abutment surface comprises a outer perimeter (See Annotated Fig. 10, wherein the abutment surface has an inherent outer perimeter);
and the complementary abutment surface comprises a complementary outer perimeter (See Annotated Fig. 10, there is an inherent outer perimeter of the complementary abutment surface) shaped such that, when the engagement portion 180 is fully received within the aperture 164, at least a portion of the complementary outer perimeter substantially aligns with at least a portion of the outer perimeter (See Fig. 9 and Fig. 13, wherein at least a portion of the outer perimeters of the plug and socket mate, match, and substantially align);
further wherein an outer surface of the plug 144 that is proximal to the outer perimeter portion (See Annotated Fig. 10) aligns with an outer surface of the socket 142 that is proximal to the complementary outer perimeter portion (See Annotated Fig. 10), forming a substantially continuous outer surface of the assembled plug 144 and socket 142 set across the aligned portions (See Fig. 9 and Fig. 13 in view of the Annotated Fig. 10, wherein the top outer surfaces of the plug and socket indicated therein form a substantially continuous outer surface).
Regarding claim 8, Robichaud discloses the invention of claim 7 above.
Robichaud further discloses the complementary outer perimeter is a substantial mirror image of the outer perimeter (See Annotated Fig. 10 and Fig. 1-13, wherein the outer perimeters of each of the socket and plug are substantial mirrors of each other), such that, when the engagement portion 180 is fully received within the aperture 164, the outer perimeter and complementary outer perimeter substantially completely align with one another (See Annotated Fig. 10 and Fig. 9, wherein the outer perimeters are mostly aligned, Examiner notes usage of substantially means they do not have to be exactly aligned); and
substantially all outer surfaces of the plug 144 that are proximal to the outer perimeter align with separate particular ones of substantially all outer surfaces of the socket 142 that are proximal to the complementary outer perimeter, each forming substantially continuous outer surfaces of the assembled plug 144 and socket 142 set across the aligned portions (See Annotated Fig. 10 and Fig. 13 and Fig. 9, wherein as shown the outer surfaces all substantially align, forming mostly “continuous surfaces”, Examiner notes that “substantially all outer surfaces” herein thus does not require all the outer surfaces, wherein the top and side outer surfaces as indicated in the Annotated Fig. 10 may be viewed as the “substantially all outer surfaces” of each; also while the bottom surfaces as seen in Fig. 13 do not fully exactly form a perfect continuous surface, the surfaces are aligned and form a relatively, thus substantially, continuous surface via their mating as shown).
Regarding claim 11, Robichaud discloses a splint set 110 for the treatment of snoring or sleep apnoea (Fig. 6-13, see [0003] for apnea) (Examiner Note: there is a choice to change spelling from “apnoea” to “apnea”, but Examiner understands they are ultimately the same thing and simply regional spelling difference), comprising:
(Note an alternate Annotated Fig. 10 has been provided below as claim 11 uses complementary alternately compared to claim 1)
a maxillary splint portion 112 shaped to fit over a user's maxillary dental arch and associated teeth (Fig. 6);
a mandibular splint portion 114 shaped to fit over the user's mandibular dental arch and associated teeth (Fig. 6);
at least one socket 142 extending from the maxillary splint portion 114 (Fig. 6), the socket 142 having a substantially blind aperture 164 containing an engagement portion 195 (Fig. 13, locking pin 195 locks to the socket 142 and is in the aperture 164) and an abutment surface surrounding an opening of the aperture 165 (See Annotated Fig. 10 below and further Fig. 8-9, and Fig. 13, wherein the opening of the aperture 164 has an abutment surface surrounding its opening of the aperture 164 that abut with the abutment surface of the plug 144);
at least one projection 152 extending upwardly from the mandibular splint portion 114 (Fig. 6); and
at least one plug 144 (Fig. 6-13) having a plug head 146 of a predetermined size (Fig. 10-12), a complementary engagement portion 180 (Fig. 10 and 13), and a complementary abutment surface (See Annotated Fig. 10 below), the plug 144 being adapted to fit into the socket aperture 164 (Fig. 13) such that the engagement portion 195 and complementary engagement portion 180 interengage with one another (Fig. 13);
at least one of the engagement portion 195 (see 112b) and the complementary engagement portion 180 of the plug 144 are resiliently deformable to enable releasable interengagement therebetween when the complementary engagement portion 180 of the plug 144 is received within the aperture 164 (Fig.13 and [0089] the engagement portion 180 are flexible and bended temporarily, thus resiliently deformable, to enable interengagement with the locking pin/complementary engagement portion 195);
wherein the plug head 146 is adapted to abut or urge against the projection 152 upwardly extending from the mandibular splint portion 114 (Fig. 7);
the abutment surface and complementary abutment surface abut one another when the complementary engagement portion 180 is fully received within the aperture 164 (See Annotated Fig. 10 and Fig. 6 and Fig. 13, wherein the indicated abutment surfaces abut one another when the engagement portion 180 is fully received in the aperture 164); and
the abutment therebetween is a sealing abutment (See Annotated Fig. 10, and Fig. 6 and 13 wherein the surfaces are fully mated such that there is no opening therein, thus forming a “sealing abutment”);
whereby one of the engagement portion 195 and the complementary engagement portion 180 of the plug 144 comprises a protrusion arranged to extend transverse to a direction of insertion into the aperture 164 (Fig. 10 and 13, wherein the complementary engagement portion 195 is the protrusion 195 which as seen in Fig. 10 has a transverse extending thickness, transverse to the insertion direction as seen by the dotted line in Fig. 10); and
the other of the engagement portion 195 and the complementary engagement portion 180 of the plug 144 comprises a pair of jaws 180 adapted to releasably receive and retain the protrusion 195 therebetween, the pair of jaws 180 defining a space between one another having a shape substantially matching that of a cross-section of the protrusion 195 (See Fig. 13 and [0089], wherein the engagement portion 180 is the pair of jaws 180 that releasably receives and retains the protrusion 195 in a space between one another, that as seen in Fig. 13, substantially matches the cross-section of the protrusion 195).
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Regarding claim 12, Robichaud discloses the invention of claim 11 above.
Robichaud further discloses wherein the at least one socket 142 is integral with the maxillary splint portion 112 (Fig. 6-13, see [0063] wherein the support brackets being the sockets are integral to the maxillary splint body).
Regarding claim 13, Robichaud discloses the invention of claim 11 above.
Robichaud further discloses wherein the at least one plug 144 is a plurality of plugs 144 or pairs of plugs 144 (Fig. 8), each of the plurality of plugs 144 or pairs of plugs 144 having plug heads 146 of different predetermined sizes (Fig. 11-12 and [0097] different plug heads are provided for use on each side).
Regarding claim 15, Robichaud discloses the invention of claim 11 above.
Robichaud further discloses the at least one socket 142 is a pair of sockets 142 arranged on opposing sides of the maxillary splint portion 112 (Fig. 8);
the at least one projection 152 is a pair of projections 152 (Fig. 6), each one extending upwardly from opposing sides of the mandibular splint portion 114 (Fig. 6); and
the at least one plug 144 is a pair of plugs 144 having plug heads 146 of the same predetermined size (Fig. 8).
Claim Rejections - 35 USC § 103
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 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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robichaud (US 20200000625 A1) in view of Steger (US 20220000594 A1).
Regarding claim 9, Robichaud discloses the invention of claim 1 above.
Robichaud does not disclose wherein at least one of the plug and the socket comprise a finished outer surface; and the finished outer surface is finished through one or more of filing, grinding, sanding or polishing.
However, Steger teaches an analogous dental appliance (title, dental prosthesis), wherein Steger teaches a method of making dental prosthesis as shiny and smooth as possible (see [0004]), thus providing a finished outer surface, wherein this is performed by vapor polishing (see [0028, 0053]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to vapor polished the dental prosthesis of Robichaud (thus including the outer surfaces of the plug 144 and socket 142) and providing a finished outer surface through polishing therein as taught by Steger (see [0004, 0028, 0053) in order to provide shiny and smooth device (Steger [0004]).
Regarding claim 10, Robichaud in view of Steger discloses the invention of claim 9 above.
Robichaud in view of Steger discloses wherein the finished outer surface is a vapor polished outer surface (see combination of Steger above, Steger [0004, 0028, 0053] a finished outer surface is providing by vapor polishing).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael Bredefeld can be reached at (571) 270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786