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 .
Claim Objections
Claim 1 objected to because of the following informalities: “A mandibular advancement device for facilitating protrusion, retraction, translation, and rotation of a mandible while advancing the mandible” should be “A mandibular advancement device for facilitating a protrusion, a retraction, a translation, and a rotation of a mandible while advancing the mandible” in lines 1-2. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “wherein the flexible member facilitates protrusion and retraction of the mandible” should be “wherein the flexible member facilitates the protrusion and the retraction of the mandible” in lines 18-19. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “wherein the operable connection facilitates lateral translation and rotation of the mandible, thereby facilitating protrusion, retraction, translation, and rotation of the mandible while advancing the mandible” should be “wherein the operable connection facilitates a lateral translation and the rotation of the mandible, thereby facilitating the protrusion, the retraction, the translation, and the rotation of the mandible while advancing the mandible” in lines 27-29. Appropriate correction is required.
Examiner notes for claim 1: Examiner proposes removing “lateral” to keep language consistent; however, if applicant wants to keep “lateral”, examiner proposes to add “lateral” before the term “translation” throughout the claim.
Claim 3 objected to because of the following informalities: “a moldable bite insert each in the top enclosure of the top bite plate and the bottom enclosure of the bottom bite plate” should be “the moldable bite insert in each of the top enclosure of the top bite plate and the bottom enclosure of the bottom bite plate.” in lines 4-5. Appropriate correction is required.
Claim 5 objected to because of the following informalities: “wherein the flexible member in the hinge plate extends and contracts for protrusion and retraction that accompany opening and closing of the mouth respectively of the user” should be “wherein the flexible member in the hinge plate extends and contracts for the protrusion and the retraction that accompany opening and closing of the mouth respectively of the user” in lines 1-3. Appropriate correction is required.
Claim 6 objected to because of the following informalities: “wherein the dentate member in the hinge plate maintains a minimum advancement of the mandible during retraction of the mandible” should be “wherein the dentate member in the hinge plate maintains the minimum advancement of the mandible during the retraction of the mandible” in lines 1-3. Appropriate correction is required.
Claim 8 objected to because of the following informalities: “wherein the circumduction anchor rod is one of a plurality of embodiments of the circumduction anchor rod of varying length available for replacement in the mandibular advancement device for providing different levels of mandibular advancement” should be “wherein the circumduction anchor rod is of varying lengths available for replacement in the mandibular advancement device for providing different levels of mandibular advancement” in lines 1-4. Appropriate correction is required.
Claim 9 objected to because of the following informalities: “wherein the tension prong in the hinge plate provides tension when the user opens the mouth for providing a stable fit of the mandibular advancement device in the mouth” should be “wherein the tension prong in the hinge plate provides a tension when a user opens mouth for providing a stable fit of the mandibular advancement device in the mouth” in lines 1-3. Appropriate correction is required.
Claim 10 objected to because of the following informalities: “wherein the each of the pair of H connectors has a prong at each of the four terminal points of the vertical strokes of the capital letter H for detachably attaching the H connector to the top bite plate and the bottom bite plate of one of the left bite tray assembly and the right bite tray assembly” should be “wherein each of the pair of H connectors has a prong at each four terminal points of a vertical strokes of a capital letter H for detachably attaching the pair of H connector to the top bite plate and the bottom bite plate of one of the left bite tray assembly and the right bite tray assembly” in lines 1-5. Appropriate correction is required.
Claim 11 objected to because of the following informalities: “wherein the detachable attachment of the each of the pair of H connectors to an arm of the Y connector facilitates side to side movement of the H connector to accommodate mouths of different widths for fitting the mandibular advancement device in the mouth” should be “wherein the detachable attachment of the each of the pair of H connectors to an arm of the Y connector facilitates a side to side movement of the H connector to accommodate mouths of different widths for fitting the mandibular advancement device in the mouth” in lines 1-4. Appropriate correction is required.
Claim 13 objected to because of the following informalities: “wherein the flexible member facilitates protrusion and retraction of the mandible and the dentate member maintains a minimum advancement of the mandible” should be “wherein the flexible member facilitates a protrusion and a retraction of a mandible and the dentate member maintains a minimum advancement of the mandible” in lines 13-15. Appropriate correction is required.
Claim 13 objected to because of the following informalities: “wherein the operable connection facilitates lateral translation and rotation of the mandible, thereby facilitating protrusion, retraction, translation, and rotation of the mandible while advancing the mandible” should be “wherein the operable connection facilitates a lateral translation and a rotation of the mandible, thereby facilitating the protrusion, the retraction, the lateral translation, and the rotation of the mandible while advancing the mandible” in lines 21-23. Appropriate correction is required.
Claim 15 objected to because of the following informalities: “wherein the top connector section of the top bite plate and the bottom connector section of the bottom bite plate comprise apertures for attaching a moldable bite insert each in the top enclosure of the top bite plate and the bottom enclosure of the bottom bite plate respectively” should be “wherein the top connector section of the top bite plate and the bottom connector section of the bottom bite plate comprise apertures for attaching the moldable bite insert in each of the top enclosure of the top bite plate and the bottom enclosure of the bottom bite plate respectively” in lines 1-4. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “wherein the flexible member in the hinge plate extends and contracts for protrusion and retraction that accompany opening and closing of the mouth respectively of the user” should be “wherein the flexible member in the hinge plate extends and contracts for the protrusion and the retraction that accompany opening and closing of a mouth respectively of the user” in lines 1-3. Appropriate correction is required.
Claim 18 objected to because of the following informalities: “wherein the dentate member in the hinge plate maintains a minimum advancement of the mandible during retraction of the mandible” should be “wherein the dentate member in the hinge plate maintains the minimum advancement of the mandible during the retraction of the mandible” in lines 1-3. Appropriate correction is required.
Claim 20 objected to because of the following informalities: “wherein the circumduction anchor rod is one of a plurality of embodiments of the circumduction anchor rod of varying length available for replacement in the mandibular advancement device for providing different levels of mandibular advancement” should be “wherein the circumduction anchor rod is of varying lengths available for replacement in the mandibular advancement device for providing different levels of mandibular advancement” in lines 1-4. Appropriate correction is required.
Claim 21 objected to because of the following informalities: “wherein the tension prong in the hinge plate provides tension when the user opens the mouth for providing a stable fit of the mandibular advancement device in the mouth” should be “wherein the tension prong in the hinge plate provides a tension when the user opens mouth for providing a stable fit of the mandibular advancement device in the mouth” in lines 1-3. 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.
Claim 11 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 detachable attachment" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-10 and 12-21 are allowed. The following is a statement of reasons for the indication of allowable subject. Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 1 contains allowable subject matter because the prior art fails to disclose, either singly or in combination, the limitations of the claim. The closest prior art made of record Radmand et al. (US 20200268546 A1).
Radmand et al. discloses a mandibular advancement device (100/200 – figure 3A, an oral appliance with an upper and lower tray [100] and a jig assembly that is attached to the upper and lower tray [200]: paragraph 0063/0108) for facilitating protrusion, retraction, translation, and rotation of a mandible while advancing the mandible (the oral appliance with an upper and lower tray [100] can be offset and adjusted to urge the lower jaw in a forward direction to advance patient’s mandible and move the tongue forward: paragraph 0064/0068), the mandibular advancement device (100/200) comprising: a fit connector (200 – figure 2A, a jig assembly that is used to adjust the oral appliance [100]: paragraph 0107); a left bite tray assembly (A – see annotated figure 1, a left bite tray assembly) and a right bite tray assembly (B – see annotated figure 1, a right bite tray assembly), wherein each of the left (A) and the right bite tray assemblies (B) comprise: a top bite plate (102 – figure 3A, an upper tray: paragraph 0063) configured to fit around a portion of the upper teeth of a user of the mandibular advancement device (100/200) (the top bite plate [102] receives the upper teeth: paragraph 0063), the top bite plate (102) comprising a top enclosure (152 – figure 3A, a respective channel or cavity: paragraph 0122) for a moldable bite insert (110 – figure 1A, a polymeric material: paragraph 0122) (figure 3A, the top enclosure [152] receives the moldable bite insert [110]: paragraph 0122/0130), a top connector section (C – see annotated figure 1, a top connector section), and a first part of two parts of a hinge pin receptacle (124 – figure 1A, a socket: paragraph 0066); a bottom bite plate (104 – figure 3A, a lower tray: paragraph 0063) configured to fit around a portion of the lower teeth of the user (the bottom bite plate [104] receives the lower teeth of the user: paragraph 0063), the bottom bite plate (104) comprising a bottom enclosure (154 – figure 3B, a respective channel or cavity for the bottom bite plate: paragraph 0122) for a moldable bite insert (110 – figure 1A, a polymeric material: paragraph 0122) (figure 3B, the bottom enclosure [154] receives the moldable bite insert [110]: paragraph 0122/0130), a bottom connector section (D – see annotated figure 1, a bottom connector section); and the fit connector (200) comprising a Y connector with two arms (200/302 – figure 3A, the fit connector [200] that is comprised of a separator plate [302], which forms a Y-shaped connector: paragraph 0120), and the top bite plate (102) and the bottom bite plate (104) of one of the left bite tray assembly (A) and the right bite tray assembly (B) for procuring a dental impression simultaneously in the each of the moldable bite inserts (110) in the top bite plates (102) and the bottom bite plates (104) in the left (A) and the right bite tray assemblies (B) (the moldable bit inserts [110] are placed within the top [152] and bottom enclosure [154] of the upper [102] and bottom bite plate [104] to create a dental impression of the patient’s teeth: paragraph 0130).
PNG
media_image1.png
517
647
media_image1.png
Greyscale
Annotated figure 1: oral appliance of Radmand et al.
However, none of the relevant prior art discloses an anchor bottom receptacle; a hinge plate detachably interposed between the top bite plate and the bottom bite plate, the hinge plate comprising a flexible member, a dentate member, a tension prong, a second part of the two parts of the hinge pin receptacle, and an anchor hinge receptacle, wherein the flexible member facilitates protrusion and retraction of the mandible and the dentate member maintains a minimum advancement of the mandible; a pin for operably connecting the hinge plate to the top bite plate via the hinge pin receptacle, wherein the operable connection facilitates opening and closing of the mandible; and a circumduction anchor rod for operably connecting the hinge plate to the bottom bite plate via the anchor hinge receptacle and the anchor bottom receptacle, wherein the operable connection facilitates lateral translation and rotation of the mandible, thereby facilitating protrusion, retraction, translation, and rotation of the mandible while advancing the mandible; and a pair of H connectors, wherein each of the pair of H connectors is detachably attached to an arm of the Y connector. Therefore, claim 1 is allowable.
Claims 2-10 and 12 are allowable based on their dependence on claim 1. Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 13 contains allowable subject matter because the prior art fails to disclose, either singly or in combination, the limitations of the claim. The closest prior art made of record was Fallon (US 11311407 B1) in view of Radmand (US 20200268546 A1).
Fallon discloses a bite tray assembly of a mandibular advancement device (1- figure 1, bidirectional jaw displacement oral appliance: column 4, lines 4-20), comprising: a top bite plate (3 – figure 1, upper arch tray assembly: column 4, lines 36-45) configured to fit around a portion of the upper teeth of a user of the mandibular advancement device (1) (the top bite plate [3] is configured to match the bite pattern of the user’s teeth: column 4, lines 36-45/column 5, lines 1-16), the top bite plate (3) comprising a top enclosure (18 – figure 1, upper bite channel: column 5, lines 1-16), a top connector section (10 – figure 1, an upper liner receiving tray: column 4, lines 36-45), and a first part of two parts of a hinge pin receptacle (24 – figure 2, a pair of pivoting couplers [24]: column 5, lines 17-29); a bottom bite plate (5 – figure 1, lower arch tray assembly: column 4, lines 46-58) configured to fit around a portion of the lower teeth of the user (the bottom bite plate [5] is configured to match the bite pattern of the user’s teeth: column 4, lines 36-45/column 5, lines 1-16), the bottom bite plate (5) comprising a bottom enclosure (20 – figure 1, lower bite channel: column 5, lines 1-16), a bottom connector section (14 – figure 1, lower liner receiving tray: column 4, lines 46-58), a hinge plate (4 – figure 3, an intermediate arch tray assembly: column 4, lines 59-67) detachably interposed between the top bite plate (3) and the bottom bite plate (5) (figure 3, the hinge plate [4] is detachably interposed [via attachments and couplers] between the top bite plate [3] and bottom bite plate [5]: column 4, lines 59-67/column 5, 30-45), the hinge plate (4) comprising a flexible member (16 – figure 3, a flexible coupler attachment tray: column 4, lines 59-67), a dentate member (38 – figure 4, a row of teeth: column 6, lines 53-58), a tension prong (44 – figure 5, a pair of position control pads: column 7, lines 25-47), a second part of the two parts of the hinge pin receptacle (28 – figure 2, a pair of openings that mate with its respective pivoting coupler [24]: column 5, lines 17-29), and an anchor hinge receptacle (52 – figure 4, a keyhole notch to facilitate an even compression of the opposite sides towards one another in response to the squeezing forces applied thereto” column 7, lines 42-47). Radmand teaches an analogous top bite plate (102 – figure 3A, an upper tray: paragraph 0063) comprising an analogous top enclosure (152 – figure 3A, a respective channel or cavity: paragraph 0122) for a moldable bite insert (110 – figure 1A, a polymeric material: paragraph 0122) (figure 3A, the top enclosure [152] receives the moldable bite insert [110]: paragraph 0122/0130); an analogous bottom bite plate (104 – figure 3A, a lower tray: paragraph 0063) comprising an analogous bottom enclosure (154 – figure 3B, a respective channel or cavity for the bottom bite plate: paragraph 0122) for a moldable bite insert ((110 – figure 1A, a polymeric material: paragraph 0122) (figure 3B, the bottom enclosure [154] receives the moldable bite insert [110]: paragraph 0122/0130).
However, none of the relevant prior art discloses an anchor bottom receptacle; wherein the flexible member facilitates protrusion and retraction of the mandible and the dentate member maintains a minimum advancement of the mandible; a pin for operably connecting the hinge plate to the top bite plate via the hinge pin receptacle, wherein the operable connection facilitates opening and closing of the mandible; and a circumduction anchor rod for operably connecting the hinge plate to the bottom bite plate via the anchor hinge receptacle and the anchor bottom receptacle, wherein the operable connection facilitates lateral translation and rotation of the mandible, thereby facilitating protrusion, retraction, translation, and rotation of the mandible while advancing the mandible. Therefore, claim 13 is allowable.
Claims 14-21 are allowable based on their dependence on claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
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, Alireza Nia can be reached at (571) 270-3076. 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.
/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786