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 .
Information Disclosure Statement
The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98. 37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 CFR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report have not been considered. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97, including all timing statement requirements of 37 CFR 1.97(e). See MPEP § 609.05(a).
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 2 -9 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 limitation “the presence of either a lip shield or the absence thereof”. It is not clear if the claim includes a lip shield or not.
Claim 5 recites the limitation “If lacking the coupling part, the nipple connects to the arch sleeve section via a straw.” It is unclear what structures are included in the claim.
Claims 3, 4 and 6-9 depend from claims 2 or 5, and are therefore rejected to accordingly under 35 USC 112(b).
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) 1-3 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SAMANDARI WO 2020/210364 A1.
With regards to claim 1, SAMANDARI discloses an anti-protruding teeth pacifier, wherein comprises: a nipple sleeve section 5 with a nipple component, where one end of the nipple component connects to a handle part 27; an arch sleeve section 8, where the nipple sleeve section connects to an upper side of the arch sleeve section through the handle part; and a tongue sleeve section (at 21) that forms a tongue pad cavity between the tongue sleeve section and the nipple sleeve section, with the tongue sleeve section connected to the lower side of the arch sleeve section.
With regards to claim 2, SAMANDARI discloses the presence of either a lip shield 12 or the absence thereof; when equipped with the lip shield, the lip shield connects to the arch sleeve section through a coupling part.
With regards to claim 3, SAMANDARI discloses the arch sleeve section 8 comprises: a dental tray 34/57; an upper front arch part connected to the upper side of the dental tray's front edge; an upper rear arch part connected to the rear edge of the dental tray, forming a U-shaped upper arch groove with the upper front arch part and the upper rear arch part for fitting and housing the upper gums; and a lower front arch part connected to the lower side of the dental tray's front edge.
With regards to claim 5, SAMANDARI discloses the anti-protruding teeth pacifier is attached to a bottle, having a nipple sleeve section 5, an arch sleeve section 8, and a tongue sleeve section 21; where the pacifier bottle nipple may include either a coupling part or lack thereof, and when the pacifier bottle nipple comprises a coupling part, one end of the coupling part is connected to the arch sleeve section, while the other end features a flange, with the flange pressing against the bottle opening through a cap. If lacking the coupling part, the nipple connects to the arch sleeve section via a straw.
With regards to claim 6, SAMANDARI discloses the arch sleeve section 8 comprises: a dental tray 34/57 (Fig. 57-58); an upper front arch part connected to the upper side of the front edge of the dental tray ; an upper rear arch part connected to the rear edge of the dental tray, forming a U-shaped upper arch groove with the upper front and rear arch parts for fitting and housing the upper gums; and a lower front arch part connected to the lower side of the dental tray's front edge.
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.
Claim(s) 4 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAMANDARI WO 2020/210364 A1.
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With regards to claim 4 and 7, SAMANDARI discloses the claimed invention as stated above but it does not specifically disclose the tongue sleeve section comprises: a right tongue pad component connected at one end to the lower side of the rear edge of the dental tray; a left tongue pad component connected at one end to the lower side of the rear edge of the dental tray, with a tongue pad groove slot between the right and left tongue pad components; and a tongue pad cavity formed between the right tongue pad component, the left tongue pad component, and the nipple sleeve section, to accommodate a tongue; a U-shaped lower arch groove is also formed between the dental tray, the right tongue pad component, and the left tongue pad component for fitting and housing the lower gums.
However an alternative embodiment SAMANDARI (Fig. 37) it teaches a tongue sleeve section comprises: a right tongue pad component (shown above) connected at one end to the lower side of the rear edge of the dental tray; a left tongue pad component (shown above) connected at one end to the lower side of the rear edge of the dental tray (at 108), with a tongue pad groove slot between the right and left tongue pad components; and a tongue pad cavity formed between the right tongue pad component, the left tongue pad component, and the nipple sleeve section 500, to accommodate a tongue; a U-shaped lower arch groove (shown in Fig. 31) is also formed between the dental tray, the right tongue pad component, and the left tongue pad component for fitting and housing the lower gums.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pacifier nipple in SAMANDARI by providing the alternate arrangement as taught by the embodiment (Fig. 33 and 37) for the purposes of providing alternative forms of the pacifier.
With regards to claim 8, SAMANDARI discloses the inner layer of the dental tray 34/57 (Fig. 57-58) comprises at least one fluid channel, with one end of the fluid channel connecting to the straw, and the other end connecting to the nipple sleeve section.
With regards to claim 9, SAMANDARI discloses the internal sections of the nipple component 5 and the handle part 27 of the nipple sleeve section include at least one other fluid channel, connecting the fluid channels in the nipple sleeve section and the dental tray to transport liquid from the bottle to the suction hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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