DETAILED ACTION
This action is in response to the amendment filed 10/28/2025. Currently, claims 1 and 3-20 are pending in the application. Claims 7, 9, 11, 14, 15 and 20 are withdrawn and not examined at this point. Claim 2 is cancelled by Applicant.
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 Arguments
Applicant’s amendment to claim 10 ius sufficient to overcome the previous objections to claim 10. Applicant’s amendment to claim 26 is sufficient to overcome the previous objection to claim 16.
Applicant’s amendment to claim 1 is sufficient to overcome the previous rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Applicant’s amendment to claim 16 is sufficient to overcome the previous rejection of claim 16-19 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Applicant’s arguments that BORONKAY does not teach applying at least one tab topically on a user's skin to facilitate adhering the pair of metallic elements have been fully considered and are persuasive. However, upon further consideration and in view of Applicant’s amendment, a new ground(s) of rejection is made in view of CASTILLO (US 2015/0173934 A1).
Applicant's remaining arguments filed 10/28/2025 have been fully considered but they are not persuasive.
In regards to the previous rejection of claim 13 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, Applicant argues that it is unclear which portion of claim 13 raises antecedent basis support issues, as both the rigid band and the pair of metallic element find support in claim 10. In response, the examiner notes that it is “the step” itself, which lacks proper antecedent basis in the claim(s). Claim 13, therefore, remains rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as detailed below.
In response to Applicant’s argument that the plurality of teeth of Castillo (US 9,510,969 B2) are not integral to the main body as claimed, the examiner respectfully disagrees. As detailed below, Castillo (US 9,510,969 B2) teaches a plurality of teeth (clips 38; shown in Figure 7 to have downward projecting first and second clip members 42, 44, which resemble maxillary teeth) that are integral to the main body (goggle frame 20) inasmuch the clips 38 and goggle frame 29 are connected to form a single unit, as shown in Figure 16.”
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the teeth are not add-on features; the teeth are formed as part of the band itself; that the method is non-invasive; that mechanical resistance of shear movement is accomplished by interlocking surfaces, teeth or other features; dual-mode engagement) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “a plurality of teeth integral to the main body,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: claim 16 recites “the main body and the pair of tabs being configured to be mechanically coupled so as to mechanically resist shear movement of the main body relative to the pair of tabs when the magnets of the band are magnetically coupled to the pair of tabs,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10, 12 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 10 recites “at least one tab.” No support is provided for this claim limitation in Applicant’s specification as originally filed. Applicant’s originally disclosure does not teach an infinite number of tabs (as permitted by the recitation of “at least one”), and instead, only provides support for “a single tab” and “a pair of tabs.” Claims 12 and 13 depend on claim 10 and therefore, include the same error.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 12 recites “at least one tab.” No support is provided for this claim limitation in Applicant’s specification as originally filed. Applicant’s originally disclosure does not teach an infinite number of tabs (as permitted by the recitation of “at least one”), and instead, only provides support for “a single tab” and “a pair of tabs.”
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 12 is 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 12 recites “a pair of tabs.” It is unclear if these recited “tabs” are included in, or distinct from, the “at least one tab” that is previously recited in claim 10 (upon which claim 12 depends).
Claim 13 is 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 13 recites the limitation "the step of mechanically connecting the rigid band to the pair of metallic elements " in lines 1-2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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(s) 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CASTILLO (US 2015/0173934 A1).
In regards to claim 16, CASTILLO (US 2015/0173934 A1) teaches in Figures 1-9, [0014], [0063], [0066-0067] and [0073-0074] a pair of tabs (pair of nasal appliques 24), each tab (nasal applique 24) including ([0067] teaches “the nasal applique 24 includes a metallic element 44, preferably a ferrous metal, that is captured between a base layer 46 and an cover layer 48”) a flexible body (base layer 46; [0014] teaches “each nasal applique may include a flexible base layer”) and a metallic element (metallic element 44) coupled to (as shown in Figure 9; [0067] teaches “a metallic element 44, preferably a ferrous metal, that is captured between a base layer 46 and an cover layer 48”) the flexible body (base layer 46), the flexible body (base layer 46) having an adhesive on a surface thereof to facilitate selective attachment of the respective tab (nasal applique 24) to the user's body ([0014] teaches “Each nasal applique may include a flexible base layer including a first surface and an opposing second surface. The first surface may include an adhesive disposed thereon to enable the first surface to be selectively attachable to the nose of the user.”), the pair of tabs (pair of nasal appliques 24) being configured to be attachable to the user's body in spaced relation to each other (as shown in Figures 1 and 9); and a band (bridge member 22) having ([0063] teaches “the bridge member 22 includes an arcuate main body 26”) a main body (arcuate main body 26) and at least two magnets (plurality of magnets 42) coupled to (as shown in Figure 3 and 4; [0066] teaches “a plurality of magnets 42 coupled to the concave inner surface 28 adjacent the distal portions 34 of the main body 26”) the main body (arcuate main body 26), the main body (arcuate main body 26) having ([0063] teaches “the main body 26 includes a middle portion 32”) a middle portion (middle portion 32) and a pair of distal portions (two distal portions 34) on respective sides of (as shown in Figures 3 and 4; [0063] teaches “a middle portion 32 defining an apex which is located between two distal portions 34”) the middle portion (middle portion 32), at least one of the at least two magnets (plurality of magnets 42) being coupled to a respective one of (as shown in Figures 3 and 4; [0066] teaches “a pair of magnets 42 at each distal portion 34”) the pair of distal portions (two distal portions 34), each magnet (magnet 42) being configured to be magnetically attractable to one of the pair of tabs (pair of nasal appliques 24) to facilitate magnetic attraction ([0073] teaches “the magnets 42 on the bridge member 22 being placed adjacent respective ones of the nasal appliques 24 to allow the metallic elements 44 in the nasal appliques 24 to be magnetically drawn to the magnets 42 in the bridge member 22” and “magnetic attraction between the magnets 42 and the metallic elements 44”); the main body (arcuate main body 26) and the pair of tabs (pair of nasal appliques 24) being configured to be mechanically coupled (via magnetic connection, as shown in Figure 9; [0073] teaches “the magnets 42 on the bridge member 22 being placed adjacent respective ones of the nasal appliques 24 to allow the metallic elements 44 in the nasal appliques 24 to be magnetically drawn to the magnets 42 in the bridge member 22”) so as to mechanically resist shear movement (by providing a magnetic attraction that resists shear movement that would disconnect the magnet 42 from the metallic element 44; [0074] teaches “the magnetic attraction between the magnet 42 and the metallic element 44 pulls the metallic element 44 along an axis extending between the magnet 42 and the metallic element 44”) of the main body (arcuate main body 26) relative to the pair of tabs (pair of nasal appliques 24) when the magnets (plurality of magnets 42) of the band (bridge member 22) are magnetically coupled to (as shown in Figure 9; [0073] teaches “the magnets 42 on the bridge member 22 being placed adjacent respective ones of the nasal appliques 24 to allow the metallic elements 44 in the nasal appliques 24 to be magnetically drawn to the magnets 42 in the bridge member 22”) the pair of tabs (pair of nasal appliques 24).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CASTILLO (US 2015/0173934 A1) in view of Castillo (US 9,510,969 B2).
In regards to claim 1, CASTILLO teaches in Figures 1-9, [0063], [0066-0067] and [0073] a pair of metallic elements (two metallic elements 44; [0063] teaches “a pair of nasal appliques 24;” [0067] teaches “the nasal applique 24 includes a metallic element 44”) each being configured to be attachable to the user's body at respective first (left lateral region 18) and second (right lateral region 18) regions of the user's body (as shown in Figures 1 and 9); and a band (bridge member 22) having ([0063] teaches “the bridge member 22 includes an arcuate main body 26”) a main body (arcuate main body 26) and at least two magnets (plurality of magnets 42) coupled to (as shown in Figure 3 and 4; [0066] teaches “a plurality of magnets 42 coupled to the concave inner surface 28 adjacent the distal portions 34 of the main body 26”) the main body (arcuate main body 26), the main body (arcuate main body 26) having ([0063] teaches “the main body 26 includes a middle portion 32”) a middle portion (middle portion 32) and a pair of distal portions (two distal portions 34) on respective sides of (as shown in Figures 3 and 4; [0063] teaches “a middle portion 32 defining an apex which is located between two distal portions 34”) the middle portion (middle portion 32), at least one of the at least two magnets (plurality of magnets 42) being coupled to a respective one of (as shown in Figures 3 and 4; [0066] teaches “a pair of magnets 42 at each distal portion 34”) the pair of distal portions (two distal portions 34), each magnet (magnet 42) being configured to be magnetically attractable to one of ([0073] teaches “the magnets 42 on the bridge member 22 being placed adjacent respective ones of the nasal appliques 24 to allow the metallic elements 44 in the nasal appliques 24 to be magnetically drawn to the magnets 42 in the bridge member 22” and “magnetic attraction between the magnets 42 and the metallic elements 44”) the pair of metallic elements (two metallic elements 44); the pair of metallic elements (two metallic elements 44) and the band (bridge member 22) being configured to exert a force on the user's body ([0073] teaches “the interaction between the metallic elements 44 and the magnets 42 creates dilating forces which are imparted to the respective lateral regions 18 of the nose 10 via the interconnection of the nasal appliques 24 to the nose 10” and “the dilating forces urge the lateral regions 18 of the nose 10 outward”) to restrict separation of (by controlling, as taught in [0073]) the first (left lateral region 18) and second (right lateral region 18) regions when the band (bridge member 22) is magnetically connected to the pair of metallic elements (two metallic elements 44).
CASTILLO does not teach a plurality of teeth integral to the main body and located at respective ones of the pair of distal portions to facilitate mechanical coupling with the pair of metallic elements.
However, Castillo (US 9,510,969 B2) teaches in Figures 1, 7 and 16, column 5, lines 12-15, column 6, line 31, column 7, lines 61-62 and column 8, lines 31-32, 47-48 and 51-52 an analogous device with a plurality of teeth (clips 38; shown in Figure 7 to have downward projecting first and second clip members 42, 44, which resemble maxillary teeth) integral to (inasmuch the clips 38 and goggle frame 29 are connected to form a single unit, as shown in Figure 16; column 5, lines 12-15 teaches “a goggle attachment member or clip(s) 38, which may be selectively and securely attached to the frame 20 of the goggle 16”) the main body (goggle frame 20) and located at respective ones of (as shown in Figure 16; column 8, lines 31-32 teaches “the wearer 14 also attaches the clips 38 to the goggle frame 20 adjacent the bridge section 32 of the frame 20”) the pair of distal portions (opposed sides of the apex of the bridge section 32; shown in Figure 16 to extend distally away from the midline) to facilitate mechanical coupling with (via magnets 70; column 6, line 31 teaches “one or more magnets 70 is connected to the clip 38;” column 8, lines 47-48 and 51-52 teaches “magnetic attraction between the clip magnet 70 and the ferrous body 59” and “the ferrous body 59 is drawn into magnetic engagement with the clip magnets 70”) the pair of metallic elements (pair of magnetically attractable elements 59; taught in column 7, lines 61-62 to be made of “a ferrous material”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the main body of the band of CASTILLO (US 2015/0173934 A1) to include a plurality of teeth integral to the main body and located at respective ones of the pair of distal portions to facilitate mechanical coupling with the pair of metallic elements as taught by Castillo (US 9,510,969 B2) because this element is known to enable selective attachment (see column 2, lines 45-47 of Castillo US 9,510,969 B2) of the at least two magnets to the main body as needed for cleaning or replacement.
In regards to claim 3, CASTILLO (US 2015/0173934 A1) and Castillo (US 9,510,969 B2) teach the apparatus of claim 1. CASTILLO (US 2015/0173934 A1) does not teach that the plurality of teeth includes a first set of teeth positioned adjacent a first one of the at least two magnets and a second set of teeth positioned adjacent a second one of the at least two magnets.
However, Castillo (US 9,510,969 B2) teaches in Figures 1, 7 and 16, column 6, line 31, column 7, lines 61-62 and column 8, lines 47-48 and 51-52 an analogous device wherein the plurality of teeth (clips 38) includes (as shown in Figures 7 and 16) a first set of teeth (first and second clip members 42, 44 of first clip 38) positioned adjacent (as shown in Figure 16; column 6, line 31 teaches “one or more magnets 70 is connected to the clip 38”) a first one (first magnet 70) of the at least two magnets (magnets 70) and a second set of teeth (first and second clip members 42, 44 of second clip 38) positioned adjacent (as shown in Figure 16; column 6, line 31 teaches “one or more magnets 70 is connected to the clip 38”) a second one (second magnet 70) of the at least two magnets (magnets 70).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the main body of the band of CASTILLO (US 2015/0173934 A1) as modified by Castillo (US 9,510,969 B2) to include wherein the plurality of teeth includes a first set of teeth positioned adjacent a first one of the at least two magnets and a second set of teeth positioned adjacent a second one of the at least two magnets as taught by Castillo (US 9,510,969 B2) because this element is known to enable selective attachment (see column 2, lines 45-47 of Castillo US 9,510,969 B2) of the at least two magnets to the main body as needed for cleaning or replacement.
In regards to claim 4, CASTILLO (US 2015/0173934 A1) and Castillo (US 9,510,969 B2) teach the apparatus of claim 1. CASTILLO (US 2015/0173934 A1) does not teach a mesh material extending over the pair of metallic elements and being configured to enable at least partial advancement of certain ones of the plurality of teeth therein.
However, Castillo (US 9,510,969 B2) teaches in Figures 2, 2A and 16 and column 7, lines 2-4 and 61-62 an analogous device with a mesh material (peripheral foam liner 74; column 7, lines 2-4 that “the peripheral foam liner 74 is preferably configured to enable air to pass therethrough to allow for ventilation,” and thus, the peripheral foam liner 74 has an open mesh structure) extending over (Figures 2, 2A and 16 teach that each peripheral foam liner 74 is positioned to extend over a respective magnetically attractable element 59 in use) the pair of metallic elements (pair of magnetically attractable elements 59; taught in column 7, lines 61-62 to be made of “a ferrous material”) and being configured to enable at least partial advancement of certain ones of the plurality of teeth (clips 38) therein (as shown in Figure 2A, part of clip 38 extends through a hole in peripheral foam liner 74).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the pair of metallic elements of CASTILLO (US 2015/0173934 A1) as modified by Castillo (US 9,510,969 B2) to provide a mesh material extending over the pair of metallic elements and being configured to enable at least partial advancement of certain ones of the plurality of teeth therein as taught by Castillo (US 9,510,969 B2) because this element is known to “[operate] as a peripheral barrier member around” the plurality of teeth “to prevent particulate from” moving therethrough and preserve cleanliness, as Castillo (US 9,510,969 B2) teaches in column 6, lines 60-65.
In regards to claim 5, CASTILLO (US 2015/0173934 A1) and Castillo (US 9,510,969 B2) teach the apparatus of claim 1. CASTILLO (US 2015/0173934 A1) does not teach a rubber material extending over the pair of metallic elements and being configured to enable flexing in response to engagement with the plurality of teeth.
However, Castillo (US 9,510,969 B2) teaches in Figures 2, 2A and 16 and column 7, lines 2-4 and 61-62 an analogous device with a material (peripheral foam liner 74) extending over (Figures 2, 2A and 16 teach that each peripheral foam liner 74 is positioned to extend over a respective magnetically attractable element 59 in use) the pair of metallic elements (pair of magnetically attractable elements 59; taught in column 7, lines 61-62 to be made of “a ferrous material”) and being configured to enable flexing in response to engagement with (as shown in Figure 2A, part of clip 38 extends through a hole in peripheral foam liner 74; foam material is capable of flexing in response to contact with clips 38) the plurality of teeth (clips 38).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the pair of metallic elements of CASTILLO (US 2015/0173934 A1) as modified by Castillo (US 9,510,969 B2) to provide a material extending over the pair of metallic elements and being configured to enable flexing in response to engagement with the plurality of teeth as taught by Castillo (US 9,510,969 B2) because this element is known to “[operate] as a peripheral barrier member around” the plurality of teeth “to prevent particulate from” moving therethrough and preserve cleanliness, as Castillo (US 9,510,969 B2) teaches in column 6, lines 60-65.
Castillo (US 9,510,969 B2) does not teach the material being rubber.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide the material being rubber, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. One having ordinary skill in the art before the effective filing of the present invention would find it obvious that foam rubber is a suitable alternative foam material.
In regards to claim 6, CASTILLO (US 2015/0173934 A1) and Castillo (US 9,510,969 B2) teach the apparatus of claim 1. CASTILLO (US 2015/0173934 A1) teaches in Figure 9 and [0066] that the band (bridge member 22) includes a pair of recesses (Figure 9 teaches each of the magnets 42 being recessed into a respective portion of bring member 22; [0066] teaches “the magnets 42 may be received within a cavity or recess formed within the main body 26 that is substantially complimentary in shape and size to the pair of magnets 42”) formed in respective ones of (as shown in Figures 7-9; [0066] teaches “a pair of magnets 42 at each distal portion 34”) the pair of distal portions (two distal portions 34), the at least two magnets (plurality of magnets 42) include a first pair of magnets in a first one of the pair of recesses and a second pair of magnets in a second one of the pair of recesses (as shown in Figures 1, 3 and 4; [0066] teaches “a pair of magnets 42 at each distal portion 34”).
In regards to claim 8, CASTILLO (US 2015/0173934 A1) and Castillo (US 9,510,969 B2) teach the apparatus of claim 1. CASTILLO (US 2015/0173934 A1) teaches in [0014], [0067] and Figure 9 that each one of the pair of metallic elements (two metallic elements 44) being integrated into a respective one of (as shown in Figure 9; [0067] teaches that each “nasal applique 24 includes a metallic element 44”) a pair of tabs (pair of nasal appliques 24), each one of the pair of tabs (pair of nasal appliques 24) having an adhesive to facilitate adhering of the tab (pair of nasal appliques 24) to the user ([0014] teaches “Each nasal applique may include a flexible base layer including a first surface and an opposing second surface. The first surface may include an adhesive disposed thereon to enable the first surface to be selectively attachable to the nose of the user.”).
Claim(s) 10, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over BORONKAY (US 2023/0390030 A1) in view of CASTILLO (US 2015/0173934 A1).
In regards to claims 10 and 12, BORONKAY teaches in Figure 5A, [0005], [0033], [0055], [0059], [0070], [00084] adhering a pair of metallic elements (anchoring devices 506, 508; [0055] teaches “the anchoring devices can be made of metal”) on opposite sides of the user's mouth (as shown in Figure 5A, anchoring device 506 is attached on top of the user’s mouth and anchoring device 508 is attached below the user’s mouth; [0084] teaches “pin anchoring device 506 positioned on maxillary jaw bone 502 and pivot anchoring device 508 positioned on mandibular jaw bone 504”); and magnetically connecting ([0059] teaches “connecting structures can be coupled to anchoring devices by snap-fit couplings, magnetic couplings, interference fits, locking surfaces, adhesives, removable fasteners, cam locks, interlocking mechanical couplings, fastening features, and the like”) a rigid band (connecting structure 510; [0070] teaches “a stiff connecting structure can be a stiff or rigid structure”) to the pair of metallic elements (anchoring devices 506, 508) to facilitate application of a force on the opposite sides of the user's mouth to restrict opening of the user's mouth ([0005] teaches “the apparatus described herein can include at least one connecting structure that provides for the application of anterior and/or posterior forces to the jaws to produce the desired mandibular advancement and/or retraction while inhibiting unwanted jaw movements such as vertical movements (e.g., jaw opening and/or closing movements);” [0033] teaches “the embodiments herein can also be used to control jaw displacement along other directions, e.g., along a lateral (left-right) direction, a vertical (jaw opening-closing) direction, or combinations thereof”).
BORONKAY does not teach applying at least one tab topically on a user's skin to facilitate adhering the pair of metallic elements; wherein the step of applying at least one tab includes applying a pair of tabs to the user, each of the pair of tabs including a respective one of the pair of metallic elements.
However, CASTILLO teaches in Figures 1-9, [0067-0068] and [0073] an analogous method that includes applying at least one tab (pair of nasal appliques 24) topically on a user's skin to facilitate adhering ([0067] teaches “the nasal applique 24 includes a metallic element 44,” “the nasal applique 24 may comprise a single layer with the metallic element 44 coupled to the single layer” and “the metallic element 44 may be position on an upper surface of the single layer, wherein the single layer resides between the metallic element 44 and the user when the applique 24 is applied to the user's nose;” [0068] teaches “a tear-away layer (not shown) may extend over the outer surface to preserve the adhesive until the nasal applique 24 is applied to the user's nose 10”) the pair of metallic elements (metallic elements 44); wherein the step of applying at least one tab (pair of nasal appliques 24) includes applying a pair of tabs (pair of nasal appliques 24) to the user ([0073] teaches “both nasal appliques 24 are applied to the respective lateral regions 18 of the nose 10”), each of the pair of tabs (pair of nasal appliques 24) including a respective one of ([0067] teaches “the nasal applique 24 includes a metallic element 44”) the pair of metallic elements (metallic elements 44).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the method of BORONKAY to include applying at least one tab topically on a user's skin to facilitate adhering the pair of metallic elements; wherein the step of applying at least one tab includes applying a pair of tabs to the user, each of the pair of tabs including a respective one of the pair of metallic elements as taught by CASTILLO because this element is known to provide a more convenient and less invasive mechanism for attachment of the pair of metallic elements that enables “quick and easy transition to give the user the enhanced ability to breathe when needed during the active periods,” as CASTILLO teaches in [0076-0077].
In regards to claim 13, BORONKAY and CASTILLO teach the method of claim 10. BORONKAY teaches in [0055], [0059] and [0070] the step of mechanically connecting ([0059] teaches “connecting structures can be coupled to anchoring devices by snap-fit couplings, magnetic couplings, interference fits, locking surfaces, adhesives, removable fasteners, cam locks, interlocking mechanical couplings, fastening features, and the like”) the rigid band (connecting structure 510; [0070] teaches “a stiff connecting structure can be a stiff or rigid structure”) to the pair of metallic elements (anchoring devices 506, 508; [0055] teaches “the anchoring devices can be made of metal”).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CASTILLO (US 2015/0173934 A1) in view of Noda et al. (US 2015/0051530 A1).
In regards to claim 17, CASTILLO teaches the apparatus of claim 16. CASTILLO does not teach that the main body of the band includes a plurality of teeth configured to facilitate mechanical coupling with the pair of tabs.
However, Noda et al. teaches in Figure 1 and [0039] an analogous device wherein the main body (strap body 22) of the band (strap assemblies 12, 14 and buckle 16) includes (as shown in Figure 1) a plurality of teeth (hook fasteners 30; shown in Figure 1 to be shard projections, similar to the structure of teeth) configured to facilitate mechanical coupling with ([0039] teaches “the top surface 26 may have loop fasteners 28 disposed on it to engage complementarily-shape hook fasteners 30 on the second end 20, which, as shown, may be made integrally with the strap body 22 and which may be the same width as the strap body 22;” [0039] teaches “the second strap arrangement 14 may be substantially identical in configuration and construction to the first strap arrangement 12 as shown”) the pair of tabs (first ends 18; [0039] teaches “the first end 18 is established by a pad”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the main body of the band of CASTILLO to include a plurality of teeth configured to facilitate mechanical coupling with the pair of tabs as taught by Noda et al. because this element is known to provide an additional, reversible attachment mechanism to more securely attach the main body to the pair of tabs, as Noda et al. teaches in [0039].
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CASTILLO (US 2015/0173934 A1), in view of Noda et al. (US 2015/0051530 A1) and further in view of LAFOSSE et al. (FR 2,898,040 A1) (with reference to the attached translation).
In regards to claim 18, CASTILLO and Noda et al. teach the apparatus of claims 16 and 17. CASTILLO and Noda et al. does not teach that the flexible body includes a mesh material capable of enabling at least partial advancement of certain ones of the plurality of teeth therein.
However, LAFOSSE et al. teaches on page 3 an analogous device (therapeutic restraint) wherein the flexible body (“fabric cover,” taught on page 3) includes a mesh material (“scraped mesh,” taught on page 3) capable of enabling at least partial advancement of certain ones of the plurality of teeth (“at least one hook strip,” taught on page 3) therein (via engagement of the at least one hook into the loops of the scraped mesh; page 3 teaches “a fabric cover with scraped mesh forming loops, for example polyamide, the means for fixing the forearm and / or the attachment means of the arm comprising at least one hook strip cooperating with the cushion cover to achieve fixation”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the flexible body of CASTILLO as modified by Noda et al. to include a mesh material capable of enabling at least partial advancement of certain ones of the plurality of teeth therein as taught by LAFOSSE et al. because this element is known in the art to be an alternative hook-and-loop configuration that is suitable to provide a “removable and adjustable” attachment mechanism, as LAFOSSE et al. teaches in pages 3 and 4.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CASTILLO (US 2015/0173934 A1), in view of Noda et al. (US 2015/0051530 A1) and further in view of Aronsohn (US 4,774,935 A).
In regards to claim 19, CASTILLO and Noda et al. teach the apparatus of claims 16 and 17. CASTILLO and Noda et al. do not teach that the flexible body includes a rubber material capable of flexing in response to engagement with the plurality of teeth.
However, Aronsohn teaches in Figures 1-4 and column 2, lines 57-66 an analogous device wherein the flexible body (pressure pads 12, 14; taught in Figure 4 and column 2, lines 57-66 to include planar, disk-shaped support plate 72 and disk-shaped pad 74) includes a rubber material (column 2, lines 57-66 teaches that “the pressure plate includes a planar, disk-shaped support plate 72 which may be made of a suitably strong plastic and a disk-shaped pad 74 which may be made of a resilient padding material such as foam rubber in addition to the post 70”) capable of flexing in response to engagement with (foam rubber is a flexible material capable of flexing in response to engagement with closed end loops 92 via post 70) the plurality of teeth (closed end loops 92).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the flexible body of CASTILLO as modified by Noda et al. to include a rubber material capable of flexing in response to engagement with the plurality of teeth as taught by Aronsohn because this element is known to provide the flexible body with a “a resilient padding material” to improve comfort on the patient’s skin, as Aronsohn teaches in column 2, lines 57-66.
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 VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 12/9/2025