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 o`1 1f the AIA .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “55” has been used to designate both First end and Second arm in par. [0012].
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. 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 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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raghavan et al. (CN 107249502 A).
[AltContent: arrow][AltContent: textbox (Internal member)][AltContent: ][AltContent: textbox (Back of the tongue crib)][AltContent: ][AltContent: textbox (Poseable first arm)][AltContent: ][AltContent: textbox (Poseable second arm)][AltContent: arrow][AltContent: textbox (Tongue crib)][AltContent: textbox (Intra-oral appliance)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Tongue crib)]
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[AltContent: arrow][AltContent: textbox (Tongue crib)]
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Regarding claim 1, Raghavan et al. discloses internal member for an intra-oral appliance (see annotated Fig. 2-3 above) including:
a tongue crib (107) defining an interior space sized to accept a tongue of a patient and enclose at least an anterior tip of the tongue of the patient (see annotated Fig. 2-3 above – where the “cheek retractor at least one tongue of the protective cover 107”), the tongue crib having an opening in a back end of the tongue crib leading into the interior space (see annotated Fig. 2 zoomed portion above);
a poseable first arm connected at a first end to the back end of the tongue crib (see annotated Fig. 2 above); and
a poseable second arm connected at a first end to the back end of the tongue crib (see annotated Fig. 2 above),
wherein the poseable first arm and the poseable second arm allow the tongue crib (107) to be moved into a position and held in the position, and wherein the first arm and the second arm comprise tubing, and
wherein when the tongue crib is inserted into a mouth of the patient and positioned over the tongue of the patient (the subject matter of Raghavan is directed to a cheek retractor appliance, that is configured to be received by a mouth of a patient, and where the appliance includes a tongue protective cover 107, in which the tongue protective cover is the claimed tongue crib; therefore, for that reason Raghavan discloses that the tongue crib is inserted into the mouth in order to cover the tongue), the first arm extends in a first direction from the back end of the tongue crib, before curving around to extend in a second direction, the second direction opposite to the first direction, and extending towards the mouth of the patient and out of the mouth of the patient to a second end of the first arm, and the second arm extends from the back end of the tongue crib in the first direction from the back end of the tongue crib, then curving around to extend in the second direction and extending towards the mouth of the patient and out of the mouth of the patient to a second end of the second arm (see Fig. 2 above – where the first arm and second arm extend to the lateral sides in a curve that turns in a direction from the lateral side to the opposing direction of the tongue crib, in order to exit the mouth of the patient).
Claims 1, 9 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hickham (US 5037298 A).
[AltContent: textbox (Internal member)][AltContent: textbox (Poseable first arm)][AltContent: textbox ()][AltContent: textbox (Opening leading into the interior space )][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (External member)][AltContent: arrow][AltContent: textbox (First wing member)][AltContent: arrow][AltContent: textbox (Second wing member)][AltContent: textbox ()][AltContent: textbox (Inner surface)][AltContent: ][AltContent: textbox (Inner surface)][AltContent: ][AltContent: textbox (Outer surface)][AltContent: ][AltContent: textbox (Outer surface)][AltContent: arrow][AltContent: textbox (Second lip retractor)][AltContent: textbox (First lip retractor)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Poseable second arm)][AltContent: ][AltContent: arrow][AltContent: textbox (Tongue crib)][AltContent: arrow][AltContent: textbox (Intra-oral appliance)]
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[AltContent: ][AltContent: textbox (Opening leading into the interior space )][AltContent: textbox (Connector )][AltContent: ][AltContent: textbox (Poseable first arm)]
[AltContent: textbox (Channel)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Channel)][AltContent: arrow][AltContent: textbox (Second retro- molar pad aperture)][AltContent: textbox (First retro- molar pad aperture)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: textbox (Connector )][AltContent: ][AltContent: arrow][AltContent: textbox (Flexible resilient member)][AltContent: textbox (First wing member)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second wing member)][AltContent: textbox (Second retractor flange)][AltContent: textbox (First retractor flange)][AltContent: arrow][AltContent: textbox (First lip retractor)][AltContent: arrow][AltContent: textbox (Second lip retractor)][AltContent: arrow][AltContent: textbox (Tubing)][AltContent: arrow][AltContent: textbox (Tubing)][AltContent: arrow][AltContent: textbox (Intra-oral appliance)]
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[AltContent: ][AltContent: textbox (Poseable first arm)][AltContent: ][AltContent: textbox (Poseable second arm)]
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Regarding claim 1, Hickham discloses an internal member (see annotated Fig. 12 above) for an intra-oral appliance including:
a tongue crib (tongue retainer 300 and tongue shield planes 24-24) defining an interior space sized to accept a tongue of a patient, the tongue crib having an opening in a back end of the tongue crib leading into the interior space (see annotated Fig. 12 and 15 above);
a poseable first arm (302) connected at a first end to the back end of the tongue crib (see annotated Fig. 12 above); and
a poseable second arm (302) connected at a first end to the back end of the tongue crib (see annotated Fig. 12 above),
wherein the poseable first arm and the poseable second arm allow the tongue crib to be moved into a position and held in the position (see Fig. 12 above and col. 6, lines 9-14 – where the tongue retainer 300 and tongue shield planes 24-24 are configured to pivot and hold in position the tongue), and
wherein the first arm and the second arm include tubing (36) (see annotated Fig. 15 above); and
wherein when the tongue crib is inserted into a mouth of the patient and positioned over the tongue of the patient (see Fig. 12 above), the first arm extends in a first direction from the back end of the tongue crib, before curving around to extend in a second direction, the second direction opposite to the first direction, and extending towards one of the connectors of the external member where the first arm is connected to the one of the connectors of the external member, and the second arm extends from the back end of the tongue crib in the first direction from the back end of the tongue crib, then curving around to extend in the second direction and extending towards another connector of the connectors of the external member where the second arm is connected to the other of the connectors of the external member (see Fig. 15-16 – where the first direction on each of the first arm and the second is towards the back of the mouth and the second direction is generally towards the front of the mouth).
Regarding claim 9, Hickham discloses a channel (314) running through the first arm sized to accept tubing and a channel running through the second arm sized to accept tubing (see annotated Fig. 15 and col. 6, lines 61-63 – where the channel is the inlet 314 of the saliva conduit 312, that includes on the upper end a connection with a hose 36).
Regarding claim 15, Hickham discloses and intra-oral appliance including:
an internal member (see annotated Fig. 12 above) including:
a tongue crib (tongue retainer 300 and tongue shield planes 24-24) defining an interior space sized to accept a tongue of a patient, the tongue crib having an opening in a back end of the tongue crib leading into the interior space (see annotated Fig. 12 and 15 above);
a poseable first arm (302) connected at a first end to the back end of the tongue crib (see annotated Fig. 12 above); and
a poseable second arm (302) connected at a first end to the back end of the tongue crib (see annotated Fig. 12 above),
wherein the poseable first arm and the poseable second arm allow the tongue crib to be moved into a position and held in the position (see Fig. 12 above and col. 6, lines 9-14 – where the tongue retainer 300 and tongue shield planes 24-24 are configured to pivot and hold in position the tongue), and
wherein the first arm and the second arm include tubing (36) (see annotated Fig. 15 above); and
an external member including:
a first lip retractor having a generally arcuate shape, an inner surface, and an outer surface having an open channel with a substantially semi-circular cross-section (see annotated Fig. 12 and 15 above);
a second lip retractor having a generally arcuate shape, an inner surface, and an outer surface having an open channel with a substantially semi- circular cross-section (see annotated Fig. 12 and 15 above);
a first retractor flange connected to the first lip retractor at a front end of the first lip retractor and extending outwards from the outer surface of the first lip retractor (see annotated Fig. 15 above);
a second retractor flange connected to the second lip retractor at a front end of the second lip retractor and extending outwards from the outer surface of the second lip retractor (see annotated Fig. 12 above);
a first wing member (50) attached to the first lip retractor and extending backwards from the inner surface of the first lip retractor (see annotated Fig. 12 and 15 above);
a second wing member (50) attached to the second lip retractor and extending backwards from the inner surface of the second lip retractor (see annotated Fig. 12 and 15 above);
a flexible resilient member (56) connected between the first retractor flange and the second retractor flange, the flexible resilient member biasing the first lip retractor and the second lip retractor apart (see Fig. 15 above and col. 5, lines 45-53);
connectors attachable to the tubing of the first arm and the tubing of the second arm of the internal member (see annotated Fig. 15 above and col. 6, lines 56-63), and
wherein when the tongue crib is inserted into a mouth of the patient and positioned over the tongue of the patient (see Fig. 12 above), the first arm extends in a first direction from the back end of the tongue crib, before curving around to extend in a second direction, the second direction opposite to the first direction, and extending towards one of the connectors of the external member where the first arm is connected to the one of the connectors of the external member, and the second arm extends from the back end of the tongue crib in the first direction from the back end of the tongue crib, then curving around to extend in the second direction and extending towards another connector of the connectors of the external member where the second arm is connected to the other of the connectors of the external member (see Fig. 15 – where the first direction on each of the first arm and the second is towards the back of the mouth and the second direction is generally towards the front of the mouth).
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.
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.
Claims 2 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Raghavan et al. (CN 107249502 A) as applied to claim 1 above, and further in view of Anderson (US 20040101804 A1).
Regarding claim 2, Raghavan discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Raghavan discloses that the first poseable arm includes a first side of tubing, and wherein the second poseable arm includes a second side of tubing (see page 9, lines 10-11 – where the arm 105 can be used for supporting a channel for removing saliva; therefore, it is capable of including a tubing on each poseable arm).
However, Raghavan does not disclose that the first poseable arm includes a poseable wire integrated into the first side of tubing, and wherein the second poseable arm includes a poseable wire integrated into the second side of tubing.
[AltContent: arrow][AltContent: textbox (Oral appliance)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Tubes)]
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Anderson teaches an oral appliance (30) including compliant ductile wire connected to extract saliva, in which it can be embedded in the wall of the tubes (20) in order to allow the tubes (20) to retain their bent shape (see annotated Fig. 4 above and [0050]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first poseable arm and the second poseable arm of Raghavan, with the ductile wire embedded in the wall of the tubes of Anderson, in order to be able to modify the direction into which the tube need to be directed towards the exterior of the mouth depending on the needs of the dental procedure.
Regarding claims 6 and 7, Raghavan/Anderson discloses the claimed invention substantially as claimed, as set forth above for claim 2, and where Raghavan discloses further including the first side of tubing and the second side of tubing (see Fig. 2 and 3 above, page 9, lines 10-11 – where the arm 105 can be used for supporting a channel for removing saliva; therefore, it is capable of including a tubing on each poseable arm).
However, Raghavan/Anderson does not disclose that said first side of tubing and the second side of tubing includes a first sub-lingual aperture and a second sub-lingual aperture respectively (for claim 6); and that the first sub-lingual aperture is an open end of the first side of tubing and the second sub-lingual aperture is an open end of the second side of tubing (in claim 7).
On the other hand, if Raghavan uses a tubing on each side of the tongue crib, that it is supported with the arms 105 for removing saliva, and that it is well known in the art that the salivary gland is located below the tongue, in this way delivering the saliva below the tongue of the patient. It would have been obvious for a person skill in the art to place an opening of the tubbing adjacent to the place where it is produced for extracting saliva, that in this case it would be below the tongue, or sub-lingually.
Claims 2, 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hickham (US 5037298 A) as applied to claim 1 and 15 above, and further in view of Anderson (US 20040101804 A1).
With respect to claims 2 and 16:
Regarding claim 2, Hickham discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Hickham discloses first poseable arm of the internal member comprises a first side of tubing and the second poseable arm of the internal member comprises a second side of tubing.
Regarding claim 16, Hickham discloses the claimed invention substantially as claimed, as set forth above for claim 15, and where Hickham discloses first poseable arm of the internal member comprises a first side of tubing and the second poseable arm of the internal member comprises a second side of tubing.
However, Hickham does not disclose a poseable wire integrated into the first side of tubing and another poseable wire integrated into the second side of tubing.
Anderson teaches an oral appliance (30) including compliant ductile wire connected to extract saliva, in which it can be embedded in the wall of the tubes (20) in order to allow the tubes (20) to retain their bent shape (see annotated Fig. 4 above and [0050]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first poseable arm and the second poseable arm of Hickham, with the ductile wire embedded in the wall of the tubes of Anderson, in order to be able to modify the direction into which the tube need to be directed towards the exterior of the mouth depending on the needs of the dental procedure.
Regarding claim 8, Hickham/Anderson discloses the claimed invention substantially as claimed, as set forth above for claim 2, and where Hickham discloses a first retro- molar pad aperture (318) provided in a bottom of the first side of tubing where the first side of tubing passes over a retro-molar pad of the patient when the internal member is positioned in a mouth of the patient (see annotated Fig. 15 above and col. 6, lines 56-63) and a second retro-molar pad aperture provided in a bottom of the second side of tubing where the second side of tubing passes over a retro- molar pad of the patient when the internal member is positioned in the mouth of the patient (see annotated Fig. 15 above and col. 6, lines 56-63).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hickham (US 5037298 A) as applied to claim 9 above, and further in view of Pontynen et al. (US 20070231773 A1).
Regarding claim 10, Hickham discloses the claimed invention substantially as claimed, as set forth above for claim 9, and where Hickham discloses including a channel/saliva conduit (312) with an opening (318) at the bottom of the first side of tubing/suction hose 36 configured for extraction of saliva (see Fig. 15 above).
However, Hickham does not disclose a u- shaped channel provided in a bottom of the tongue crib through which the first arm and the second arm run.
[AltContent: arrow][AltContent: textbox (Dental instrument)][AltContent: arrow][AltContent: textbox (Tongue)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Teeth)]
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[AltContent: textbox (U-Shape channel)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Tube)][AltContent: arrow][AltContent: textbox (Tongue retractor)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lips and cheeks deflector)][AltContent: arrow][AltContent: textbox (Dental instrument)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Openings)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Tube)][AltContent: textbox (U-Shape channel)]
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Pontynen et al. teaches a dental instrument configured to isolate one or more teeth in the oral cavity and for maintaining a dry environment to perform dental procedures including structures to deflect and retract lips, cheeks and the tongue of the patient (see annotated Fig. 2B and [0003]). The structure that retracts the tongue is understood to be the tongue crib. Said tongue crib includes a channel/tumen (1090) with buccal suction holes (1086) the and sub-lingual suction holes (1088) in which are connected to the suction portion (1092) of the suction tube (1082). Said channel (1090) has a general U-shape following the general contour of the lower portion below the tongue in order to extract saliva closer to the sublingual ducts (see annotated Fig. 10A and 10D above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the channel/saliva conduit of Hickham, with the U-shaped channel of Pontynen, in order to extract the saliva closer to the sublingual ducts, in order to maintain a dry environment during dental procedures.
Claims 11-14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hickham (US 5037298 A) in view of HE (CN 206381252 U).
[AltContent: arrow][AltContent: textbox (Second lip retractor)][AltContent: textbox (First lip retractor)][AltContent: arrow]
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[AltContent: textbox (Outer surface having an open channel)][AltContent: ][AltContent: textbox (Outer surface having an open channel)][AltContent: ][AltContent: textbox (Intra-oral appliance)]
[AltContent: arrow][AltContent: textbox (First retractor flange)][AltContent: arrow][AltContent: ][AltContent: arrow][AltContent: textbox (Flexible resilient member)][AltContent: arrow][AltContent: textbox (Second wing member)][AltContent: arrow][AltContent: textbox (First wing member)][AltContent: textbox (Second retractor flange)][AltContent: ][AltContent: textbox (Inner surface)][AltContent: ][AltContent: textbox (Inner surface)][AltContent: arrow][AltContent: textbox (Second lip retractor)][AltContent: arrow][AltContent: textbox (First lip retractor)][AltContent: textbox (External member)][AltContent: arrow]
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Regarding claims 11-12, Hickham discloses an external member for an intra-oral appliance including:
a first lip retractor having a generally arcuate shape, an inner surface, and an outer surface having an open channel with a substantially semi-circular cross-section (see annotated Fig. 2 above);
a second lip retractor having a generally arcuate shape, an inner surface, and an outer surface having an open channel with a substantially semi-circular cross- section (see annotated Fig. 2 above);
a first retractor flange connected to the first lip retractor at a front end of the first lip retractor and extending outwards from the outer surface of the first lip retractor (see annotated Fig. 2 above);
a second retractor flange connected to the second lip retractor at a front end of the second lip retractor and extending outwards from the outer surface of the second lip retractor (see annotated Fig. 2 above);
a first wing member attached to the first lip retractor and extending backwards from the inner surface of the first lip retractor (see annotated Fig. 2 above);
a second wing member attached to the second lip retractor and extending backwards from the inner surface of the second lip retractor (see annotated Fig. 2 above);
a flexible resilient member connected between the first retractor flange and the second retractor flange, the flexible resilient member biasing the first lip retractor and the second lip retractor apart (see annotated Fig. 2 above);
an internal member/tongue retractor (12) including a first tube (32) and a second tube (32) extending outwardly in opposing direction, where the first tube (32) is connected to a first arm (18) and the second tube (32) is connected to a second arm (18), and where each of said tubes extend towards and around each of the lip retractors ending in the exterior of the mouth (see Fig. 1 and 2 above),
However, Hickham does not disclose a first connector and a second connector, respectively attached to the first arm and to the second arm of the internal member; wherein the first connector has an aperture passing through the first retractor flange and the second connector has an aperture passing through the second retractor flange, and wherein the aperture of the first connector has an opening on an edge of the first retractor flange leading into the aperture in the first retractor flange and the aperture of the second connector has an opening on an edge of the second retractor flange leading into the aperture in the second retractor flange (for claim 11); and wherein the opening on the edge of the first retractor flange is at a top of the first retractor flange and the opening on the edge of the second retractor flange is at a top of the second retractor flange (for claim 12).
[AltContent: arrow][AltContent: textbox (Tube)][AltContent: textbox (Second retractor flange)][AltContent: arrow][AltContent: textbox (First retractor flange)][AltContent: arrow][AltContent: textbox (Intra-oral appliance)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second connector)][AltContent: arrow][AltContent: textbox (First connector)]
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HE teaches an intra-oral appliance including an external member and an internal member, where the external member includes a first connector (9) having an aperture passing through the first retractor flange and the second connector has an aperture passing through the second retractor flange; both apertures have an opening on the top edge of each retractor flange for holding the tube 6 that is configured for extracting saliva from the mouth of a patient (see annotated Fig. 1 above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the external member of the intra-oral appliance of Hickham, with the first connector and the second connector, each having an aperture passing through their respective retractor flange of HE, in order to attach the tube that extends from the internal member towards the outside of the mouth, in this way maintain the tube on the edges of the mouth and out from the working area during a dental procedure.
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Regarding claim 13, Hickham/HE discloses the claimed invention substantially as claimed, as set forth above for claim 11, and where Hickham discloses a first channel provided in the first wing member and a second channel in the second wing member (see dashed circle in Fig. 14 above and column 6, lines 37-40 – where it is described forming a channel at 304 of the wing members 310 “to assist in keeping the saliva suction hoses 36-36 away from the area of work”).
Regarding claim 14, Hickham /HE discloses the claimed invention substantially as claimed, as set forth above for claim 11, and where Hickham discloses that the first wing member is aligned with the inner surface of the first lip retractor, where the first wing member connects with the first lip retractor, wherein the second wing member is aligned with the inner surface of the second lip retractor, where the second wing member connects with the second lip retractor (see annotated Fig. 2 and 14 above – where the identified wing members 50 are aligned with the inner surface of each lip retractor).
Regarding claim 17-18, Hickham discloses the claimed invention substantially as claimed, as set forth above for claim 15.
However, Hickham does not disclose a first connector having an aperture passing through the first retractor flange sized to accept the first poseable arm and a second connector having an aperture pass through the second retractor flange sized to accept the second poseable arm (for claim 17); and that the aperture of the first connector has an opening at a top of the first retractor flange and the aperture of the second connector has an opening at a top of the second retractor flange (for claim 18).
HE teaches an intra-oral appliance including an external member and an internal member, where the external member includes a first connector (9) having an aperture passing through the first retractor flange and the second connector has an aperture passing through the second retractor flange; both apertures have an opening on the top edge of each retractor flange for holding the tube 6 that is configured for extracting saliva from the mouth of a patient (see annotated Fig. 1 above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the external member of the intra-oral appliance of Hickham, with the first connector and the second connector, each having an aperture passing through their respective retractor flange of HE, in order to attach the tube that extends from the internal member towards the outside of the mouth, in this way maintain the tube on the edges of the mouth and out from the working area during a dental procedure.
Allowable Subject Matter
Claims 3-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, as best understood by the examiner, the prior arts of Hickham, Anderson, Pontynen, Raghavan and He do not disclose a poseable wire that runs out of the first end of the first side of tubing, into the tongue crib, around a periphery of the tongue crib, out of the tongue crib and into the first end of the second side of tubing.
Response to Arguments
Applicant’s arguments with respect to claims 1-18 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.
Regarding the use of the prior art of Hickham in the rejection, applicant argues that the added language differentiates the present dental appliance from the invention of Hickham.
The Office disagrees, the added language can be seen in the embodiments shown above in the rejection. Furthermore, the dental appliance of Hickham includes the claimed two arms, where each arm includes a first portion extending from the back side of the tongue crib, then it curves and continues in a direction generally opposed to the first potion towards the exit of the mouth as explained above in the rejection.
Therefore, the added language does not differentiate the present appliance form the prior art of Hickham, making the claim not ready for allowance.
Regarding claim 10 rejection, the added language in the claim was not found in the prior art of Hickham. After a further search was found that Pontynen teaches the claimed subject matter. Therefore, as best understood by the examiner, it is understood that the claim lacks allowable subject matter.
Regarding claims 11-14 rejection, the claimed subject matter, including added language in the claim was not found in the combination of the prior arts of Hickham and Cohen. However, as best understood by the examiner, the claimed appliance is found in the combination of Hickham and HE as explained above in the rejection.
Furthermore, based on the added language, it is understood that claims 1, 2 and 6-7 are further rejected using the prior art of Raghavan.
For all the reasons given above, it is understood that the present set of claims are not ready for allowance.
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 MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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