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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Application No. 11,850,117.
Recitations from this instant application, #19/004,287
Recitations from
U.S. Patent No. 11,850,117
Claim 1 recites:
A method of using an adjustable mouthpiece device to facilitate breathing of a human user during sleep, said method comprising:
adjusting said adjustable mouthpiece device to fit at least some of the mouth, jaw, teeth, and lips of said human user, said adjustable mouthpiece device comprising:
at least two pivoting dental blocks, each configured to fit inside opposite sides of said jaw, said pivoting dental blocks connected to each other by an upper and lower archwire, each archwire comprising wire ends;
each said archwire having between 170-190 degrees of curvature
so that both wire ends fit inside said mouth;
each pivoting dental block comprising gap-separated upper and lower wire interface faces, gap-separated upper and lower fastener faces, upper and lower tooth-accepting faces, and at least some other faces,
each said gap-separated upper and lower wire interface faces comprising a wire hole configured to admit one of said wire ends;
wherein when said wire ends are inserted into said wire holes, and fastened to said upper and lower wire interface faces, said upper archwire connects said upper wire interface faces of said two pivoting dental blocks, and said lower archwire connects said lower wire interface faces of said two pivoting dental blocks;
at least said upper archwire further configured with a lip opening fixture, positioned midway between said wire ends, which is configured to extend outside of said jaw and past at least a middle portion of said lip, so that said lip is partially elevated above its normal resting state;
wherein said upper and lower tooth-accepting faces further comprise recesses configured to accommodate least some of said teeth;
said adjustment further comprises configuring said pivoting dental blocks and said gaps to exert opposite spring-action forces on said upper and lower tooth-accepting faces;
said spring-action forces selected to be greater than a minimum amount needed to partially open said jaws, but less than a maximum amount needed to close said jaws against said spring-action forces; and
wherein said adjustments further comprise adjusting said lip opening fixture, so that when said user's face is in a relaxed resting state, said spring-action forces and said lip opening fixture enable said user to breathe through said mouth, but when said user activates any of their
jaw muscles or lip muscles, said jaw muscles and lip muscles can overcome said spring-action forces and said lip opening fixture, thus enabling said user, while asleep, to close their lips and/or
swallow saliva; and
using at least one processor and at least one sensor to automatically monitor the physiological status of said human user during sleep.
Claim 1 recites:
A method of using an adjustable mouthpiece device configured to fit into mouth of a user and to facilitate breathing therefore, said method comprising:
adjusting said adjustable mouthpiece device to fit onto jaws of the user, said adjustable mouthpiece device comprising:
pivoting dental blocks, each configured to fit inside opposite sides of said jaw, said two pivoting dental blocks connected to each other by an upper archwire and a lower archwire, each archwire comprising wire ends;
each of said upper and lower archwires having between 170-190 degrees of curvature so that both wire ends adapted to fit inside said mouth;
each of the two pivoting dental blocks comprising gap-separated upper wire interface face and gap-separated lower wire interface face, gap-separated upper fastener face and gap-separated lower fastener face, upper tooth-accepting face and lower tooth-accepting face, thus creating a gap that separates at least said upper and lower wire interface faces;
each of said gap-separated upper and lower wire interface faces comprising a wire hole configured to admit one of said wire ends;
wherein when said wire ends are inserted into said wire holes, and fastened to said upper and lower wire interface faces, said upper archwire connects said upper wire interface faces of said two pivoting dental blocks, and said lower archwire connects said lower wire interface faces of said two pivoting dental blocks;
at least said upper archwire further configured with a lip opening fixture, positioned midway between said wire ends, which is configured to extend outside of said jaw and past at least a middle portion of said lip, so that said lip is partially elevated above normal resting state;
wherein said upper and lower tooth-accepting faces further comprise recesses configured to accommodate the user's teeth;
said adjusting further comprises configuring said two pivoting dental blocks and said gaps to exert opposite spring-action forces on said upper and lower tooth-accepting faces;
said spring-action forces selected to be greater than the minimum amount needed to partially open said jaws, but less than the maximum amount needed to close said jaws against said spring-action forces; and
wherein said adjusting further comprise adjusting said lip opening fixture, so that when said user's face is in said normal resting state, said spring-action forces and said lip opening fixture enable said user to breathe through said mouth, and when said user activates jaw muscles or lip muscles, said jaw muscles and lip muscles can overcome said spring-action forces and said lip opening fixture, thus enabling said user, during sleeping state, to close the lips and/or to swallow the saliva; and
using at least one processor and at least one sensor to automatically monitor the physiological status of said user during sleep.
Regarding claims 2-19, see claim 2-19 in U.S. Patent No. 12,193,966.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMTU TRAN NGUYEN whose telephone number is (571)272-4799. The examiner can normally be reached 9am-5pm, Monday-Friday.
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/CAMTU T NGUYEN/Examiner, Art Unit 3786