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 .
Response to Amendment
Applicant’s amendments to claims 1, 5, and 8, cancellation of claim 4, and the addition of claims 9-12 filed on 06/29/2026 is acknowledged by the examiner.
Claims 1-3 and 5-12 are currently pending and are under examination.
Drawings
The drawings were received on 06/29/2026. These drawings are acceptable.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 8 have been considered but are moot because the new ground of rejection.
In light of the amendments to the claims, the office action has been updated. Therefore, a new prior art reference has been introduced. See below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3, 5, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dillon et al. (referred to as “Dillon”) (US 2006/0292520 A1) in view of Sagel et al. (referred to as “Sagel”) (US 12,208,149 B2) further in view of Ferris et al. (referred to as “Ferris”) (US 2023/0000603 A1).
Regarding claim 1, Dillon discloses a mouth guard assembly (10+12) (see Figs. 1-3; carrier strips 10, 12 make up a mouth guard assembly as they are placed over a user’s teeth like a mouth guard) comprising:
a strip (10, 12) being configured to be releasably secured to a row of teeth of a user wherein the strip (10, 12) is configured to dull the row of teeth (see Figs. 1-3 and [0027]; the carrier strips 10, 12 each are strips and are configured to be releasably secured to a row of teeth of a user, as seen in Figs. 2A-2C, and each carrier strip 10, 12 is capable of dulling the row of teeth of the user, as the thin layer of the strip covers the edges/points of the user’s teeth), the strip (10, 12) including:
a front surface (see Figs. 1A-1B of Dillon; the front surface of carrier strips 10, 12 of Dillon is the surface of the strips that are shown in Figs. 1A and 1B of Dillon);
a rear surface (see Figs. 1A-1B of Dillon; the rear surface of the carrier strips 10, 12 of Dillon is the surface of the strips opposite to the front surface, and is not shown in the figures as it is on the opposite side);
a peripheral edge being coupled to and extending between the front surface and the rear surface (see Figs. 1A-1B of Dillon and [0036] of Dillon; a peripheral edge is the entire outer edge of each of the carrier strips 10, 12 of Dillon that is coupled to and extends between the front surface and the rear surface, as the carrier strips 10, 12 of Dillon have a thickness, see [0036]); and
an interior space being defined by the front surface, the rear surface, and the peripheral edge (see Annotated Figs. 1A-1B of Dillon; the interior space of the carrier strips 10, 12 is the space inside of the strips that is not shown in any of the figures and is defined by the front surface, rear surface, and the peripheral edge, which is labeled as the elongated side and shortened side in Annotated Figs. 1A-1B of Dillon);
an adhesive material being positioned on the strip (10, 12) wherein the adhesive material is configured to adhesively secure the strip (10, 12) to the row of teeth (see [0018] which discusses how the carrier strips 10, 12 may have a first layer comprising an adhesive, and thus the adhesive is capable of adhesively securing the carrier strips 10, 12 to the row of teeth); and
a composition being positioned within the strip (10, 12) (see [0038] which discusses how the carrier strips 10, 12 can have an oral care composition impregnated in the strip and thus a composition is positioned within the interior space of the carrier strips 10, 12), the strip (10, 12) being biodegradable wherein the strip (10, 12) is configured to degrade when the strip (10, 12) is exposed to friction between the row of teeth and an object, the composition being released from the strip (10, 12) once the strip (10, 12) is degraded (see [0022] which discusses how the carrier strips 10, 12 may be biodegradable, as the carrier strips 10, 12 may disintegrate or degrade when the carrier strips 10, 12 are exposed to friction, such as shearing or grinding, between the row of teeth and an object, and the carrier strips 10, 12 may release an active agent/composition subsequent to the disintegration, and thus the composition is released from the carrier strips 10, 12 once the strips are degraded).
Dillon is silent on wherein the front surface is spaced from the rear surface, and the composition being a gelatin, and being positioned within the interior space of the strip.
However, Sagel teaches an analogous strip (see Figs. 1-2; oral care article 10 is in the form of a strip, also see Col. 31 lines 33-35) including an analogous front surface (14), an analogous rear surface (16), and an analogous peripheral edge (see Fig. 1; the oral care article 10 has a first surface 14 and a second surface 16, which are respectively front and rear surfaces, and a peripheral edge that extends between the first and second surfaces 14, 16), and wherein the front surface (14) is spaced from the rear surface (16) (see Fig. 1 and Col. 31 lines 30-33 which states that the first surface 14 is spaced from the second surface 16 via the delivery carrier 12 as seen in Fig. 1), and a composition being positioned within the interior space of the strip (10) (see Figs. 1-2; the solid hydrophilic particles 20 are an analogous composition, as the solid hydrophilic particles 20 may be a bleaching agent, see Col. 31 lines 46-53, and thus is an analogous composition, and the solid hydrophilic particles 20 are embedded into the oral care article 10 and thus are positioned within the interior space of the oral care article 10 in between the first surface 14 and second surface 16, as best seen in Fig. 2), providing to prevent leaching or erosion of the composition prior to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the front surface of the strip (10, 12) in the device of Dillon to be spaced from the rear surface as taught by Sagel and to have modified the composition in the device of Dillon to be positioned within the interior space of the strip as taught by Sagel to have provided an improved mouth guard assembly that prevents leaching or erosion of the composition prior to use.
Dillon in view of Sagel discloses the invention as discussed above.
Dillon in view of Sagel is silent on the composition being a gelatin.
However, Ferris teaches an analogous strip (10) (see Figs. 1-4), and an analogous composition (120) being a gelatin (see Figs. 1-4, 8A-8C, and [0041]-[0043]; the active matrix 120 is an analogous composition as it is positioned within the boundaries of the strip as seen in Fig. 1, and the active matrix 120 may be made of gelatin), providing a safe and edible way to deliver a substance at a controlled rate (see [0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition positioned interior space of the strip (10, 12 of Dillon) in the device of Dillon in view of Sagel to be a gelatin (120) as taught by Ferris to have provided an improved mouth guard assembly that provides a safe and edible way to deliver a substance at a controlled rate (see [0049]).
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Annotated Figs. 1A-1B of Dillon.
Regarding claim 2, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1. Dillon in view of Sagel further in view of Ferris further discloses wherein the strip (10, 12 of Dillon) is one of a pair of strips (10, 12 of Dillon) (see Figs. 1A-1B and 2A of Dillon; carrier strip 10 of Dillon is one of a pair of carrier strips 10, 12 of Dillon), each strip (10, 12 of Dillon) of the pair of strips being configured to be releasably secured to a respective row of teeth of the user (see Figs. 1A-1B and 2A of Dillon, and [0027] of Dillon; carrier strip 10 of Dillon is configured to be releasably secured to an upper row of teeth of the user, and carrier strip 12 of Dillon is configured to be releasably secured to a lower row of teeth of the user).
Regarding claim 3, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1. Dillon in view of Sagel further in view of Ferris further discloses wherein the strip (10, 12 of Dillon) is configured to cover a crown of each tooth of the row of teeth wherein the strip (10, 12 of Dillon) is configured to dull the respective row of teeth (see Figs. 1-3 of Dillon and [0028]-[0029] and [0035] of Dillon; the carrier strips 10, 12 of Dillon have a second portion 20a, 20b of Dillon, respectively, that is to be folded so as to contact a back facing side 22 of Dillon of the plurality of teeth, and thus the strips 10, 12 of Dillon are configured to cover a crown of each tooth of the row of teeth, as also seen in a cross-sectional view in Fig. 3 of Dillon, and the carrier strips 10, 12 of Dillon are capable of dulling the row of teeth of the user, as the thin layer of the strip covers the edges/points of the user’s teeth).
Regarding claim 5, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1. Dillon in view of Sagel further in view of Ferris further discloses wherein the gelatin is positioned within the interior space of the strip (10, 12 of Dillon) (as previously modified above, see claim 1, the carrier strips 10,12 of Dillion have the gelatin taught by Ferris embedded within the interior space of the carrier strips 10,12 of Dillon as taught by Sagel).
Regarding claim 9, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1. Dillon in view of Sagel further in view of Ferris further discloses wherein the front surface is planar and wherein the rear surface is planar (see Figs. 1A-1B, 2A, and 3 of Dillon; the front and rear surfaces of the carrier strips 10,12 of Dillon are planar or flat, also see [0025] of Dillon).
Regarding claim 10, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1. Dillon in view of Sagel further in view of Ferris further discloses wherein the peripheral edge has a pair of elongated sides and a pair of shortened sides extending between the pair of elongated sides (see Annotated Fig. 1A-1B of Dillon above which has a pair of elongated sides and a pair of shortened sides labeled).
Sagel further teaches wherein an analogous strip (10) is rectangular (see Fig. 1 and Col. 4 lines 10-12 which discusses how strips may be rectangular in shape, and the oral care article 10 in Fig. 1 is in strip form, see Col. 31 lines 33-35), providing a shape that is easier to manufacture and provides uniform coverage.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of each strip of the pair of strips (10, 12 of Dillon) in the device of Dillon in view of Sagel further in view of Ferris to be rectangular as taught by Sagel, as Dillon also contemplates the strip being any number of shapes, see [0025] of Dillon, to have provided an improved mouth guard assembly that has a shape that is easier to manufacture and provides uniform coverage.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dillon in view of Sagel in view of Ferris further in view of Macquarrie (US 2008/0063779 A1).
Regarding claim 6, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1.
Dillon in view of Sagel further in view of Ferris is silent on wherein the gelatin is made from edible materials wherein the gelatin is configured for consumption by the user.
However, Macquarrie teaches an analogous strip with gelatin (see Abstract), and wherein the gelatin is made from edible materials wherein the gelatin is configured for consumption by the user (see Abstract and [0012] and [0004]; the edible dissolving gelatin strips are made from edible materials, such as bovine, and the gelatin is configured for consumption), providing to dissolve and melt in the mouth without leaving any unpleasant residue (see [0004]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gelatin in the device of Dillon in view of Sagel further in view of Ferris to be made from edible materials wherein the gelatin is configured for consumption by the user as taught by Macquarrie to have provided an improved mouth guard assembly that dissolves and melts in the mouth without leaving any unpleasant residue (see [0004]).
Regarding claim 7, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1.
Dillon in view of Sagel further in view of Ferris silent on wherein the gelatin has a flavor being configured to facilitate consumption of the gelatin by the user.
However, Macquarrie teaches an analogous strip with gelatin (see Abstract), and wherein the gelatin has a flavor being configured to facilitate consumption of the gelatin by the user (see [0004]-[0005], [0015], and [0016]; the gelatin has a flavor being configured to facilitate consumption of the gelatin by the user, such as menthol or mango), providing to facilitate consumption of the gelatin to be more pleasant.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the gelatin in the device of Dillon in view of Sagel further in view of Ferris to have a flavor as taught by Macquarrie to have provided an improved mouth guard assembly that facilitates consumption of the gelatin to be more pleasant.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dillon in view of Sagel et al. (referred to as “Sagel ‘579”) (US 6,551,579 B2) in view of Sagel in view of Ferris further in view of Macquarrie.
Regarding claim 8, Dillon discloses a mouth guard assembly (10+12) (see Figs. 1-3; carrier strips 10, 12 make up a mouth guard assembly as they are placed over a user’s teeth like a mouth guard) comprising:
a pair of strips (10, 12), each strip of the pair of strips being configured to be releasably secured to a respective row of teeth of a user (see Figs. 1A-1B and 2A of Dillon, and [0027] of Dillon; carrier strips 10, 12 are a pair of strips, and carrier strip 10 of Dillon is configured to be releasably secured to an upper row of teeth of the user, and carrier strip 12 of Dillon is configured to be releasably secured to a lower row of teeth of the user), each strip of the pair of strips (10, 12) being configured to cover a crown of each tooth of the respective row of teeth wherein each strip of the pair of strips (10, 12) is configured to dull the respective row of teeth (see Figs. 1-3 of Dillon and [0028]-[0029] and [0035] of Dillon; the carrier strips 10, 12 of Dillon have a second portion 20a, 20b of Dillon, respectively, that is to be folded so as to contact a back facing side 22 of Dillon of the plurality of teeth, and thus the strips 10, 12 of Dillon are configured to cover a crown of each tooth of the row of teeth, as also seen in a cross-sectional view in Fig. 3 of Dillon, and the carrier strips 10, 12 of Dillon are capable of dulling the row of teeth of the user, as the thin layer of the strip covers the edges/points of the user’s teeth), each strip of the pair of strips (10, 12) including:
a front surface (see Figs. 1A-1B; the front surface of carrier strips 10, 12 of Dillon is the surface of the strips that are shown in Figs. 1A and 1B of Dillon), the front surface being planar (see [0025] and Figs. 1A-1B; the front surface is planar);
a rear surface (see Figs. 1A-1B of Dillon; the rear surface of the carrier strips 10, 12 of Dillon is the surface of the strips opposite to the front surface, and is not shown in the figures as it is on the opposite side), the rear surface being planar (see [0025] and Figs. 1A-1B; the rear surface is planar);
a peripheral edge being coupled to and extending between the front surface and the rear surface (see Figs. 1A-1B of Dillon and [0036] of Dillon; a peripheral edge is the entire outer edge of each of the carrier strips 10, 12 of Dillon that is coupled to and extends between the front surface and the rear surface, as the carrier strips 10, 12 of Dillon have a thickness), the peripheral edge having a pair of elongated sides and a pair of shortened sides extending between the pair of elongated sides (see Annotated Figs. 1A-1B of Dillon which has the elongated sides and shortened sides labeled); and
an interior space being enclosed within the front surface, the rear surface, and the peripheral edge (see Annotated Figs. 1A-1B of Dillon; the interior space of the carrier strips 10, 12 is the space inside of the strips that is not shown in any of the figures and is enclosed within the front surface, rear surface, and the peripheral edge);
an adhesive material being positioned on each strip of the pair of strips (10, 12) (see [0018] which discusses how the carrier strips 10, 12 may have a first layer comprising an adhesive and thus is positioned on each strip), the adhesive material being configured to adhesively secure each strip of the pair of strips (10, 12) to the respective row of teeth of the user (see [0018] which discusses how the carrier strips 10, 12 may have a first layer comprising an adhesive, and thus the adhesive is capable of adhesively securing the carrier strips 10, 12 to the row of teeth, respectively); and
a composition positioned within each strip of the pair of strips (10, 12) (see [0038] which discusses how the carrier strips 10, 12 can have an oral care composition impregnated in the strip and thus a composition is positioned within the interior space of the carrier strips 10, 12), the front surface of each strip of the pair of strips being biodegradable wherein the front surface of each strip of the pair of strips (10, 12) is configured to degrade when the front surface of each strip of the pair of strips (10, 12) is exposed to friction between the respective row of teeth and an object, the composition being released from the interior space of each strip of the pair of strips (10, 12) while the front surface of each strip of the pair of strips (10, 12) is being degraded (see [0022] which discusses how the carrier strips 10, 12 may be biodegradable, and thus the front surface of each carrier strip is biodegradable, as the carrier strips 10, 12 may disintegrate or degrade when the front surface of the carrier strips 10, 12 are exposed to friction, such as shearing or grinding, between the row of teeth and an object, and the carrier strips 10, 12 may release an active agent/composition subsequent to the disintegration from the interior space as the composition is positioned within the carrier strips, and thus the composition is released from the carrier strips 10, 12 once the front surfaces of the carrier strips are being degraded).
Dillon is silent on the front surface being rectangular; the rear surface being rectangular; wherein each strip of the pair of strips is rectangular; wherein the front surface is spaced from the rear surface; the adhesive material being positioned to cover the rear surface of each strip of the pair of strips; a cover being removably affixed to the adhesive material wherein the cover is configured to inhibit debris from damaging the adhesive material while the cover is affixed to the adhesive material, the cover having a size being complementary to a size off the rear surface of each strip of the pair of strips wherein the cover is positioned to cover the adhesive material while the cover is affixed to the adhesive material; and the composition being a gelatin and being positioned within the interior space of each strip of the pair of strips, the gelatin being made from edible materials wherein the gelatin is configured for consumption by the user, the gelatin having a flavor being configured to facilitate consumption of the gelatin by the user, the gelatin being released from the interior space.
However, Sagel ‘579 teaches an analogous strip (12) (see Figs. 9-10), and the analogous front surface being rectangular (see Fig. 9 and Annotated Fig. 10 which has the analogous front surface of the strip of material 12 labeled and the entire delivery system 10 is rectangular, as seen in Fig. 9, and thus the front surface is rectangular); the rear surface being rectangular (see Annotated Fig. 10 of Sagel ‘579 and Fig. 9; the rear surface is the surface opposite of the front surface of the strip of material 12 labeled in Annotated Fig. 10 of Sagel, and the entire delivery system 10 is rectangular, as seen in Fig. 9, and thus the rear surface is rectangular); wherein the strip (12) is rectangular (see Fig. 9; the strip of material 12 is rectangular); the adhesive material (14) being positioned to cover the rear surface of the strip (12) (see Figs. 9-10 and Annotated Fig. 10 of Sagel ‘579, and see Col. 4 lines 57-58 which discusses how the strip of material 12 is held in place on the oral surface by adhesive attachment provided by the oral care substance 14, and thus oral care substance 14 is an adhesive material, and oral care substance 14 is positioned to cover the rear surface of the strip of material 12, as seen in Annotated Fig. 10 as the rear surface is opposite of the front surface); a cover (27) being removably affixed to the adhesive material (14) wherein the cover (27) is configured to inhibit debris from damaging the adhesive material (14) while the cover (27) is affixed to the adhesive material (14) (see Figs. 9-10 and Col. 3 lines 29-33; the release liner 27 is removably affixed to oral care substance 14, and the release liner 27 is capable of inhibiting debris from damaging the oral care substance 14 while the release liner 27 is affixed to the oral care substance 27), the cover (27) having a size being complementary to a size of the rear surface of the strip (12) wherein the cover (27) is positioned to cover the adhesive material (14) while the cover (27) is affixed to the adhesive material (14) (see Figs. 9-10; the release liner 27 has a size that is complementary to a size of the rear surface of the strip of material 12, as seen in Fig. 9 and Col. 12 lines 43-45, and the release liner 27 is positioned to cover the oral care substance 14 while the release liner 27 is affixed to the oral care substance 14), providing a strip shape that is functional, easy to manufacture, and user-friendly, and providing an adhesive material that is able to hold the strip in place for better security, and providing to protect the adhesive from any contaminants prior to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the front surface, rear surface, and the pair of strips (10, 12 of Dillon) in the device of Dillon to be rectangular as taught by Sagel ‘579, as Dillon contemplates the pair of strips to be any shape, see [0025] of Dillon, and to have modified the adhesive material of the pair of strips in the device of Dillon to be positioned to cover the rear surface of each strip of the pair of strips as taught by Sagel, and to have provided the adhesive material in the device of Dillon with a cover (27) that is removably affixed to the adhesive material wherein the cover is configured to inhibit debris from damaging the adhesive material while the cover is affixed to the adhesive material, the cover having a size being complementary to a size off the rear surface of each strip of the pair of strips wherein the cover is positioned to cover the adhesive material while the cover is affixed to the adhesive material as taught by Sagel to have provided an improved mouth guard assembly that provides a strip shape that is functional, easy to manufacture, and user-friendly, and provides an adhesive material that is able to hold the strip in place for better security, and provides to protect the adhesive from any contaminants prior to use.
Dillon in view of Sagel ‘579 discloses the invention as discussed above.
Dillon in view of Sagel ‘579 is silent on wherein the front surface is spaced from the rear surface, the composition being a gelatin and being positioned within the interior space of each strip of the pair of strips, the gelatin being made from edible materials wherein the gelatin is configured for consumption by the user, the gelatin having a flavor being configured to facilitate consumption of the gelatin by the user, the gelatin being released from the interior space.
However, Sagel teaches an analogous strip (see Figs. 1-2; oral care article 10 is in the form of a strip, also see Col. 31 lines 33-35) including an analogous front surface (14), an analogous rear surface (16), and an analogous peripheral edge (see Fig. 1; the oral care article 10 has a first surface 14 and a second surface 16, which are respectively front and rear surfaces, and a peripheral edge that extends between the first and second surfaces 14, 16), and wherein the front surface (14) is spaced from the rear surface (16) (see Fig. 1 and Col. 31 lines 30-33 which states that the first surface 14 is spaced from the second surface 16 via the delivery carrier 12 as seen in Fig. 1), and a composition being positioned within the interior space of the strip (10) (see Figs. 1-2; the solid hydrophilic particles 20 are an analogous composition, as the solid hydrophilic particles 20 may be a bleaching agent, see Col. 31 lines 46-53, and thus is an analogous composition, and the solid hydrophilic particles 20 are embedded into the oral care article 10 and thus are positioned within the interior space of the oral care article 10 in between the first surface 14 and second surface 16, as best seen in Fig. 2), providing to prevent leaching or erosion of the composition prior to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the front surface of each of the strips (10, 12 of Dillon) in the device of Dillon in view of Sagel ‘579 to be spaced from the rear surface as taught by Sagel and to have modified the composition in the device of Dillon to be positioned within the interior space of the strip as taught by Sagel to have provided an improved mouth guard assembly that prevents leaching or erosion of the composition prior to use.
Dillon in view of Sagel ‘579 further in view of Sagel discloses the invention as discussed above.
Dillon in view of Sagel ‘579 in view of Sagel is silent on the composition being a gelatin, the gelatin being made from edible materials wherein the gelatin is configured for consumption by the user, the gelatin having a flavor being configured to facilitate consumption of the gelatin by the user, the gelatin being released from the interior space.
However, Ferris teaches an analogous strip (10) (see Figs. 1-4), and an analogous composition (120) being a gelatin (see Figs. 1-4, 8A-8C, and [0041]-[0043]; the active matrix 120 is an analogous composition as it is positioned within the boundaries of the strip as seen in Fig. 1, and the active matrix 120 may be made of gelatin), providing a safe and edible way to deliver a substance at a controlled rate (see [0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition positioned within the interior space of each strip of the pair of strips (10, 12 of Dillon) in the device of Dillon in view of Sagel ‘579 further in view of Sagel to be a gelatin (120) as taught by Ferris to have provided an improved mouth guard assembly that provides a safe and edible way to deliver a substance at a controlled rate (see [0049]). Therefore, the combination of Dillon in view of Sagel ‘579 in view of Sagel further in view of Ferris results in the gelatin being released from the interior space of each strip of the pair of strips (10, 12 of Dillon) (as previously modified above, the carrier strips 10, 12 of Dillon are impregnated with gelatin, as taught by Ferris, and thus the gelatin is released from the interior space of each of the carrier strips 10, 12 of Dillon, when exposed to friction, see [0022] of Dillon).
Dillon in view of Sagel ‘579 in view of Sagel further in view of Ferris discloses the invention as discussed above.
Dillon in view of Sagel ‘579 in view of Sagel further in view of Ferris is silent on the gelatin being made from edible materials wherein the gelatin is configured for consumption by the user, the gelatin having a flavor being configured to facilitate consumption of the gelatin by the user.
However, Macquarrie teaches an analogous strip with gelatin (see Abstract), and the gelatin being made from edible materials wherein the gelatin is configured for consumption by the user (see Abstract and [0012] and [0004]; the edible dissolving gelatin strips are made from edible materials, such as bovine, and the gelatin is configured for consumption), and the gelatin having a flavor being configured to facilitate consumption of the gelatin by the user (see [0004]-[0005], [0015], and [0016]; the gelatin has a flavor being configured to facilitate consumption of the gelatin by the user, such as menthol or mango), providing to dissolve and melt in the mouth without leaving any unpleasant residue (see [0004]) and to facilitate consumption of the gelatin to be more pleasant.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gelatin in the device of Dillon in view of Sagel further in view of Ferris to be made from edible materials wherein the gelatin is configured for consumption by the user as taught by Macquarrie, and to have provided the gelatin in the device of Dillon in view of Sagel further in view of Ferris to have a flavor as taught by Macquarrie to have provided an improved mouth guard assembly that dissolves and melts in the mouth without leaving any unpleasant residue (see [0004]), and facilitates consumption of the gelatin to be more pleasant.
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Annotated Figs. 1A-1B of Dillon.
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Annotated Fig. 10 of Sagel.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dillon in view of Sagel in view of Ferris further in view of Sagel ‘579.
Regarding claim 11, Dillon in view of Sagel further in view of Ferris discloses the invention as discussed in claim 1.
Dillon in view of Sagel further in view of Ferris silent on a cover being removably affixed to the adhesive material wherein the cover is configured to inhibit debris from damaging the adhesive material while the cover is affixed to the adhesive material.
However, Sagel ‘579 teaches an analogous strip (12) and an analogous adhesive material (14) (see Figs. 9-10; strip of material 12 has an oral care substance 14 which holds the strip material in place on the oral surface, see Col. 4 lines 57-58, and thus is an adhesive material), and a cover (27) being removably affixed to the adhesive material (14) wherein the cover (27) is configured to inhibit debris from damaging the adhesive material (14) while the cover (27) is affixed to the adhesive material (14) (see Figs. 9-10 and Col. 3 lines 29-33; release liner 27 is removably affixed to oral care substance 14, and release liner 27 is capable of inhibiting debris from damaging the oral care substance 14 while release liner 27 is affixed to the oral care substance 14), providing to protect the adhesive from any contaminants prior to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive material of the pair of strips (10,12 of Dillon) in the device of Dillon in view of Sagel further in view of Ferris to have a cover (27) that is removably affixed to the adhesive material wherein the cover is configured to inhibit debris from damaging the adhesive material while the cover is affixed to the adhesive material as taught by Sagel ‘579 to have provided an improved mouth guard assembly that provides to protect the adhesive from any contaminants prior to use.
Regarding claim 12, Dillon in view of Sagel in view of Ferris further in view of Sagel ‘579 discloses the invention as discussed in claim 11.
Sagel ‘579 further teaches wherein the cover (27) has a size being complementary to size of the rear surface of the strip (12) wherein the cover (27) is positioned to cover the adhesive material (14) while the cover (27) is affixed to the adhesive material (14) (see Figs. 9-10; the release liner 27 has a size that is complementary to a size of the rear surface of the strip of material 12, as seen in Fig. 9 and Col. 12 lines 43-45, and the release liner 27 is positioned to cover the oral care substance 14 while the release liner 27 is affixed to the oral care substance 14), providing to protect the adhesive from any contaminants prior to use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified a size of the cover (27 of Sagel ‘579) in the device of Dillon in view of Sagel in view of Ferris further in view of Sagel ‘579 to be complementary to a size of the rear surface of the strip wherein the cover is positioned to cover the adhesive material while the cover is affixed to the adhesive material as taught by Sagel ‘579 to have provided an improved mouth guard assembly that provides to protect the adhesive from any contaminants prior to use.
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 ROBIN HAN whose telephone number is (408)918-7579. The examiner can normally be reached Monday - Thursday, 9-5 PM EST.
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.
/ROBIN HAN/Examiner, Art Unit 3786
/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
