DETAILED ACTION
This is a Final Rejection for Application 18/935,693 filed November 04, 2024. Claims 1-8 and 11 are currently pending.
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
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 07, 2026.
Response to Amendment
The examiner acknowledges the amendments to claim 1 and the cancellation of claims 9 and 10. The amendments to claim 1 change the scope of the claim. Therefore, new grounds of rejection are presented below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The previously relied upon prior art of Vaska is no longer being used to teach the matter specifically challenged in the argument. New grounds of rejection are presented below.
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) 1-4 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0161195 (Carrillo Gonzalez et al.) in view of US 2021/0369496 (Masuda).
Regarding claim 1, Carrillo Gonzalez discloses an oral positioning device ([Abstract] – “In various implementations, a dental appliance may be utilized to increase an airway and/or reduce snoring”; “The dental appliance may push a user's mandible forward (e.g., closer to an anterior side of a user when compared to an initial position of the mandible) during use.”) comprising:
an upper positioning cover including a groove (As best depicted in Fig. 18A, first bite plate 10 is interpreted as an upper positioning cover and the first bite plate includes a groove where the teeth are engaged. See [0061].),
wherein an outer sidewall and an inner sidewall are respectively located on two opposite sides of the groove of the upper positioning cover (The first bite plate has a facial side 11 and a lingual side 12 both comprising walls on two opposite sides of the groove. The facial side is interpreted as the outer side while the lingual side is the inner side.);
a lower positioning cover including a groove (As best depicted in Fig. 18A, second bite plate 20 is interpreted as a lower positioning cover and the second bite plate includes a groove where the teeth are engaged. See [0062].),
wherein an outer sidewall and an inner sidewall are respectively located on two opposite sides of the groove of the lower positioning cover (The second bite plate has a facial side 21 and a lingual side 22 both comprising walls on two opposite sides of the groove. The facial side is interpreted as the outer side while the lingual side is the inner side.);
two positioning members respectively connected to the upper positioning cover and the lower positioning cover (Connector 50 is interpreted as a positioning member and there are two connectors 50, one disposed on either side of the first and second bite plates 10, 20. See Fig. 2.),
wherein the lower positioning cover protrudes beyond the upper positioning cover by a protruding distance ([0075] – “The connector may restrict movement and/or flexibility in along a third axis to allow the connector rigidity sufficient to cause the force exerted on the connector from coupling with a protrusion on the adjustment member to be at least partially transferred to the sheath and thus the second bite plate (e.g., to move the mandible forward for example along axis 2).” The distance which the mandible is moved forward is interpreted as the protruding distance.).
Carrillo Gonzalez does not disclose a tongue pressing member disposed on the lower positioning cover, wherein the tongue pressing member includes a plurality of flow guiding holes, wherein the plurality of flow guiding holes are through-holes penetrating the tongue pressing member.
However, Masuda discloses a sleep apnea improvement aid comprising a tongue presser 20 with multiple through-holes 21, 22. See Figs. 1-12. Masuda teaches a tongue pressing member, wherein the tongue pressing member includes a plurality of flow guiding holes, wherein the plurality of flow guiding holes are through-holes penetrating the tongue pressing member (The tongue presser 20 is a tongue pressing member and the through-holes 21, 22 are a plurality of flow guiding holes penetrating the tongue presser 20. See [0082]).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the second bite plate 20 of Carrillo Gonzalez to include a tongue presser 20 with multiple through-holes 21, 22 as taught by Masuda. As a result, the tongue pressing member is disposed on the lower positioning cover. A skilled artisan would have been motivated to do so because Masuda teaches that the tongue presser prevents movement of the tongue while sleeping ([0020]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn oral devices for use during sleep.
Regarding claim 2, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 1, wherein the two positioning members are respectively connected to the outer sidewall of the upper positioning cover and the outer sidewall of the lower positioning cover ([0070] – “a sheath and an attachment member may be disposed on the facial surface of a first side of the dental appliance.” [0078] – “The connector 50 may couple with the adjustment member 30 and the sheath 40 of the dental appliance and thus couple the first bite plate 10 and the second bite plate 20 together.”).
Regarding claim 3, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 1, wherein the two positioning members are respectively connected to the inner sidewall of the upper positioning cover and the inner sidewall of the lower positioning cover ([0070] – “A sheath and an attachment member may be disposed on the lingual surface of a first side of the dental appliance.” [0078] – “The connector 50 may couple with the adjustment member 30 and the sheath 40 of the dental appliance and thus couple the first bite plate 10 and the second bite plate 20 together.”).
Regarding claim 4, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 1, wherein each of the two positioning members includes a first connecting section and a second connecting section, wherein the first connecting section is connected to the upper positioning cover, and wherein the second connecting section is connected to the lower positioning cover ([0078] – “The connector 50 may include at least two arms 51, 52 extending from a spring portion (e.g., spring mechanism) 53.” The first arm 51 connects to the first bite plate 10 while the second arm 52 connects to the second bite plate 20.).
Regarding claim 6, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 4, wherein each of the two positioning members further includes an elastic portion interconnected between the first connecting section and the second connecting section, wherein the first connecting section and the second connecting section move toward each other when the elastic portion deforms elastically, and wherein the first connecting section and the second connecting section move away from each other under an elastic returning force of the elastic portion (Spring portion 53 is interpreted as an elastic portion. [0081] – “Since the spring mechanism (e.g., loop(s)) returns to the adjustment position after the user releases a force exerted to move (e.g., laterally and/or open/close), the adjustment may be maintained in the device and user comfort may be increased since snoring may decrease and/or airway size may increase.”).
Regarding claim 7, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 1, wherein the upper positioning cover and the lower positioning cover have a symmetric central line in a protruding direction, and wherein the outer sidewall of the lower positioning cover on the symmetric central line is spaced from the outer sidewall of the upper positioning cover by the protruding distance along the protruding direction (Axis 2 is a symmetrical central line that is directed in the same direction that the mandible protrudes. See Fig. 2.).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0161195 (Carrillo Gonzalez et al.) in view of US 2021/0369496 (Masuda), and further in view of US 2024/0115413 (Veis et al.).
Regarding claim 5, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 4.
Carrillo Gonzalez in view of Masuda does not disclose wherein the first connecting section includes a coupling hole coupled with a peg on the outer sidewall of the upper positioning cover, and wherein the second connecting section includes a coupling hole coupled with a peg on the outer sidewall of the lower positioning cover.
However, Veis discloses a sleep apnea oral appliance with connectors. The connectors 200 of Veis include channels 231, 233 that are interpreted as coupling holes as the channels 231, 233 couple to a flange 330 on a connector mount 300. The flange is interpreted as a peg. See Fig. 1. The device of Veis is analogous to the device of Carrillo Gonzalez and Veis discloses an alternative form of a positioning member.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to replace the adjustment member 30, sheath 40, and connector 50 of Carrillo Gonzalez with the connector 200 and connector mount 300 of Veis. A skilled artisan would have been motivated to do so because Veis teaches an obvious variant of the positioning member that shifts the user's mandible in a relatively forward position with respect to the maxilla and thereby treat the user's snoring and/or apnea ([0063]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to oral appliances intended to treat sleep apnea comprising teeth covers and connector structures.
As a result of the combination, Carrillo Gonzalez in view of Masuda and Veis teaches wherein the first connecting section includes a coupling hole coupled with a peg on the outer sidewall of the upper positioning cover, and wherein the second connecting section includes a coupling hole coupled with a peg on the outer sidewall of the lower positioning cover (In view of Veis, the connector has a first connecting section that includes a coupling hole coupled with a peg on the outer sidewall of the upper positioning cover and a second connecting section that includes a coupling hole coupled with a peg on the outer sidewall of the lower positioning cover).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0161195 (Carrillo Gonzalez et al.) in view of US 2021/0369496 (Masuda), and further in view of US 2017/0216085 (Vaska et al.).
Regarding claim 8, Carrillo Gonzalez in view of Masuda discloses the oral positioning device as claimed in claim 1.
Carrillo Gonzalez in view of Masuda does not disclose wherein the protruding distance is 3-5 mm.
However, Vaska discloses an oral device for mandibular advancement and medial tongue constraint that advances the lower jaw a distance. [Claim 4] – “wherein the lower jaw brace is configured to be advanced relative to the upper jaw brace by a distance in a range from 4 mm to 12 mm when the upper and lower jaw braces are closed together.”
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the protruding distance to be 3-5 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the protruding distance of the second bite plate 20 of Carrillo Gonzalez to be 3-5 mm. A skilled artisan would have been motivated to do so because Vaska teaches that the advancement of the lower jaw controls the position of the tongue in order to clear the patient's airway to reduce sleep apnea or treat other conditions (Abstract). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to oral devices intended to treat sleep apnea.
As a result of the modification, Carrillo Gonzalez in view of Masuda and Vaska teaches wherein the protruding distance is 3-5 mm (In view of Vaska, the protruding distance of Carrillo Gonzalez is 3-5 mm.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seth Brown whose telephone number is (571)272-5642. The examiner can normally be reached 8:00 AM – 11:00 AM or 1:00 PM – 3:00 PM ET.
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/SETH R. BROWN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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