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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the channel in the first frame and the center of the first frame must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: an apex and two ends, inner sidewall, outer sidewall, a first plurality of teeth, raised block, a second plurality of teeth, a mating sidewall of the raised block, mating sidewall, a mating channel, first leg, second leg, third plurality of teeth, fourth plurality of teeth, first retaining member, second retaining member, first mating retaining member, second mating retaining member, and a center of the first frame.
Claim Objections
Claim 6 objected to because of the following informalities: “the mandibular advancement device” should be “the adjustable mandibular” in line 2. Appropriate correction is required.
Claim 12 objected to because of the following informalities: “the mandibular advancement device” should be “the adjustable mandibular” in line 2. 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.
Claims 2, 6, and 12 are 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. Claims 7-11 and 13-20 are also rejected due to their dependency on independent claim 6 and 12, respectively.
Claim 2 recites the limitation "the relative position" in lines 3 and 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the relative position" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation “a center of the first frame” which renders the claim unclear. A center for the first frame that is U-shaped could mean geometric center, symmetry center, or centroid. Examiner proposes to be more specific rather than using the term “center” to provide clarity.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fallon et al. (US 20120145166 A1).
Regarding claim 1, Fallon et al. discloses a mandibular advancement device (1 – figure 7, an intraoral mandibular advancement appliance: paragraph 0020) having a first frame (3 – figure 7, upper tray assembly: paragraph 0021) and a second frame (5 – figure 7, lower tray assembly: paragraph 0021), the first frame (3) having generally a U shape (figure 7, the first frame [3] is U-shaped), the U shape having an apex (A – see annotated figure 1, apex of the U-shape of the first frame [3]) and two ends (B – see annotated figure 1, two ends of the U-shape of the first frame [3]), the two ends (B) associated with a rear of the first frame (see annotated figure 1, the two ends [B] are at the rear of the first frame) and the apex (A) associated generally with a front of the first frame (see annotated figure 1, the apex [A] is at the front of the first frame), the mandibular advancement device (1) comprising: a channel of the first frame (30 – figure 8, locking channels: paragraph 0028) having two opposing sidewalls (C/D – see annotated figure 2, an inner sidewall [C] and outer sidewall [D]); an inner sidewall (C – see annotated figure 2, an inner sidewall) of the two opposing sidewalls (C/D); an outer sidewall (D – see annotated figure 2, an outer sidewall) of the two opposing sidewalls (C/D); a first plurality of teeth (32 – figure 8, meshing teeth: paragraph 0028/0034) on the inner sidewall (C) (see annotated figure 2, the first plurality of teeth [32] is on the inner sidewall [C]); a raised block of the second frame (48 – figure 7, a pair of position adjustment blocks: paragraph 0032); a mating sidewall of the raised block (E – see annotated figure 1, a mating sidewall of the raised block); a second plurality of teeth (50 – figure 7, a row of teeth: paragraph 0033) on the mating sidewall (E) (see annotated figure 3, the second plurality of teeth [50] is on the mating sidewall [E]: paragraph 0033-0035); and wherein the first plurality of teeth (32) on the inner sidewall (C) is sized in relative proportions to engage with the second plurality of teeth (50) on the mating sidewall (E) (the first plurality of teeth [32] are sized to engaged with the second plurality of teeth [50]: paragraph 0034-0035).
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Annotated figure 1: showcasing the U-shape of the frames
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Annotated figure 2: the inner and outer sidewalls of Fallon et al.
Regarding claim 2, Fallon et al. discloses the invention as discussed in claim1. Fallon et al. further discloses wherein the first frame (3) and the second frame (5) are configured to be disposed in a first position and a second position wherein, in the first position, the first (32) and second plurality of teeth (50) are disengaged (in the first position, the first [32] and second plurality of teeth [50] can be disengaged: paragraph 0034-0035) and the relative position of the first frame (3) and the second frame (5) can be slidably adjusted and wherein, in the second position, the first (32) and second plurality of teeth (50) are engaged thereby fixing the relative position of the first frame (3) with respect to the second frame (5) (in the second position, the first [32] and second plurality of teeth [50] can be engaged once the position of second frame [5] is selectively changed by a precise distance relative to the first frame [3] to meet the changing needs of the patient during sleep over time: paragraph 0034-0035).
Regarding claim 3, Fallon et al. discloses the invention as discussed in claim 1. Fallon et al. further discloses further comprising a rib of the first frame (34 – figure 8, catches: paragraph 0028/0034); a mating channel of the second frame (52 – figure 7, a lip that projects out and creates a channel: paragraph 0033); and wherein the rib (34) is sized in relative proportions to be received in the mating channel (52) (the mating channel of the second frame [52] are captured by the ribs [34]; thereby mating the first [3] and second frame [5]: paragraph 0034).
Regarding claim 4, Fallon et al. discloses the invention as discussed in claim 3. Fallon et al. further discloses wherein the rib (34) faces the first plurality of teeth (32) (figure 8, the rib [34] faces the first plurality of teeth [32]) and wherein the mating channel (52) faces away from the second plurality of teeth (52) (figure 7, the mating channel [52] faces away from the second plurality of teeth [52]).
Regarding claim 5, Fallon et al. discloses the invention as discussed in claim 3. Fallon et al. further discloses wherein the outer sidewall (D) of the channel does not have teeth (see annotated figure 2, the outer sidewall [D] does not have teeth).
Claims 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fallon et al. (US 20120145166 A1).
Regarding claim 6, Fallon et al. discloses an adjustable mandibular (1 – figure 7, an intraoral mandibular advancement appliance: paragraph 0020) having generally a U-shape (figure 10, the adjustable mandibular [1] is U-shaped) comprising two legs (F/G – see annotated figure 3, there is a first leg [F] and a second leg [G]), a curved front portion (H – see annotated figure 3, curved front portion), and an open rear portion (I – see annotated figure 3, open rear portion), the mandibular advancement device (1) comprising: a first frame (3 – figure 7, upper tray assembly: paragraph 0021), the first frame (3) comprising: a first channel (30 – figure 8, locking channels: paragraph 0028) on a first leg (F – see annotated figure 3, a first leg) (see annotated figure 3/figure 8, the first channel [30] is on the first leg [F]); a first plurality of teeth (32 – figure 8, meshing teeth: paragraph 0028/0034) disposed on an inner sidewall of the first channel (J – see annotated figure 4, inner sidewall of the first channel) (see annotated figure 3/annotated figure 4, the first plurality of teeth [32] are disposed on the inner sidewall of the first channel [J]); a second channel (30 – figure 8, another locking channel: paragraph 0028) on a second leg (G – see annotated figure 3, a second leg) (see annotated figure 3/figure 8, the second channel [30] is on the second leg [G]); a second plurality of teeth (32 – figure 8, another row of meshing teeth: paragraph 0033-0034) on an inner sidewall of the second channel (K – see annotated figure 4, inner sidewall of the first channel) (see annotated figure 3/annotated figure 4, the second plurality of teeth [32] are disposed on the inner sidewall of the second channel [K]); a second frame (5 – figure 7, lower tray assembly: paragraph 0021), the second frame (5) comprising; a third plurality of teeth (50 – figure 7, a row of teeth: paragraph 0033) on a first mating sidewall (L – see annotated figure 3, a first mating sidewall) (see annotated figure 3, the third plurality of teeth [50] is on the first mating sidewall [L]); a fourth plurality of teeth (50 – figure 7, another row of teeth: paragraph 0033) on a second mating sidewall (M – see annotated figure 3, a second mating sidewall) (see annotated figure 3, the fourth plurality of teeth [50] is on the second mating sidewall [M]); wherein the third plurality of teeth (50) is sized in relative proportion to mate with the first plurality of teeth (32) (the third plurality of teeth [50] sized to engaged with the first plurality of teeth [32]: paragraph 0034-0035); wherein the fourth plurality of teeth is sized in relative proportions to mate with the second plurality of teeth (the fourth plurality of teeth [50] sized to engaged with the second plurality of teeth [32]: paragraph 0034-0035); and wherein the first frame (3) and the second frame (5) can be disposed in a mated position such that first (32) and third pluralities of teeth (50) are engaged and the second (32) and fourth pluralities of teeth (50) are engaged thereby fixing the relative position of the first frame (3) with respect to the second frame (5) (the first [32] and third plurality of teeth [50] are engaged and second [32] and fourth plurality of teeth [50] are engaged once the position of second frame [5] is selectively changed by a precise distance relative to the first frame [3] to meet the changing needs of the patient during sleep over time: paragraph 0034-0035).
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Annotated figure 3: apparatus of Fallon et al.
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Annotated figure 4: sidewalls of Fallon et al.
Regarding claim 7, Fallon et al. discloses the invention as discussed in claim 6. Fallon et al. further discloses a first retaining member of the first frame (34 – figure 8, a row of catches in the first frame [3]: paragraph 0034) associated with the first channel (30) (figure 8/see annotated figure 3, the first retaining member of the first frame [34] is associated with the first channel [30] in the first leg [F]); a second retaining member of the first frame (34 – figure 8, another row of catches in the first frame: paragraph 0034) associated with the second channel (30) (figure 8/see annotated figure 3, the second retaining member of the first frame [34] is associated with the second channel [30] in the second leg [G]); a first mating retaining member of the second frame (52 – figure 7/see annotated figure 3, a lip that projects out in the second frame [5] in the first leg [F]: paragraph 0033); a second mating retaining member of the second frame (52 – figure 7/see annotated figure 3, another lip that projects out in the second frame [5] in the second leg [G]: paragraph 0033); wherein the first retaining member (34) is sized in relative proportions to be received in the first mating retaining member (52) (the first mating retaining member [52] is captured by the first retaining member [34]; thereby mating the first [3] and second frame [5]: paragraph 0034); and wherein the second retaining member (34) is sized in relative proportions to be received in the second mating retaining member (52) (the second mating retaining member [52] is captured by the second retaining member [34]; thereby mating the first [3] and second frame [5]: paragraph 0034).
Regarding claim 8, Fallon et al. discloses the invention as discussed in claim 7. Fallon et al. further discloses wherein the first (34) and second retaining members (34) are ribs (the first [34] and second retaining members [34] are catches that are along a sidewall opposite of the inner sidewalls [J/K] and project over and above the first [30] and second channels [30]: paragraph 0028/0034) and the first (52) and second mating retaining members (52) are channels (the first [52] and second mating retaining members [52] is a lip that projects out and creates a channel to engage with the first [34] and second retaining members [34]: paragraph 0033-0034).
Regarding claim 9, Fallon et al. discloses the invention as discussed in claim 6. Fallon et al. further discloses wherein the first plurality of teeth (32) is the only teeth of the first channel (30) (figure 8, the first plurality of teeth [32] is the only teeth of the first channel [30]) and the second plurality of teeth (32) is the only teeth of the second channel (30) (figure 8, the second plurality of teeth [32] is the only teeth of the second channel [30]).
Regarding claim 10, Fallon et al. discloses the invention as discussed in claim 6. Fallon et al. further discloses wherein the first (32) and second plurality of teeth (32) are the only teeth of the first frame (3) (figure 8, the first [32] and second plurality of teeth [32] are the only teeth of the first frame [3]).
Regarding claim 11, Fallon et al. discloses the invention as discussed in claim 6. Fallon et al. further discloses an outer sidewall of the first channel (N – see annotated figure 4, outer sidewall of the first channel); an outer sidewall of the second channel (O – see annotated figure 4, outer sidewall of the second channel); and wherein the outer sidewall of the first channel (N) and the outer sidewall of the second channel (O) do not have teeth (figure 7, the outer sidewall of the first [N] and second channel [O] do not have teeth; they have catches [34 – figure 7]: paragraph 0028).
Allowable Subject Matter
Claims 12-20 would be allowable if rewritten or amended 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. Claims 12-20 would also be allowable once a Terminal Disclaimer has been filed to overcome the nonstatutory double patenting rejection.
Claim 12 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 Fallon et al. (US 20120145166 A1).
Regarding claim 12, Fallon et al. discloses an adjustable mandibular (1 – figure 7, an intraoral mandibular advancement appliance: paragraph 0020) having generally a U-shape (figure 10, the adjustable mandibular [1] is U-shaped) comprising two legs (AA/AB – see annotated figure 5, there is a first leg [AA] and a second leg [AB]), a curved front portion (AC – see annotated figure 5, curved front portion), and an open rear portion (AD – see annotated figure 5, open rear portion), the mandibular advancement device (1) comprising: a first frame (3 – figure 7, upper tray assembly: paragraph 0021) comprising: a channel (30 – figure 8, locking channels: paragraph 0028) formed from two opposing sidewalls (AE/AF – see annotated figure 6, an inner sidewall [AE] and outer sidewall [AF]); an outer sidewall (AF – see annotated figure 5, an outer sidewall) of the two opposing sidewalls (AE/AF); an inner sidewall (AE – see annotated figure 5, an inner sidewall) of the two opposing sidewalls (AE/AF); a first set of teeth (32 – figure 8, meshing teeth: paragraph 0028/0034) on the inner sidewall (AE) (see annotated figure 6, the first plurality of teeth [32] is on the inner sidewall [AE]); a second frame (5 – figure 7, lower tray assembly: paragraph 0021) comprising: a raised block (48 – figure 7, a pair of position adjustment blocks: paragraph 0032); an inner sidewall of the raised block (AF – see annotated figure 5, inner sidewall of the raised block); a second set of teeth (50 – figure 7, a row of teeth: paragraph 0033) on the inner sidewall of the raised block (AF) (see annotated figure 5, the second set of teeth [50] are on the inner sidewall of the raised block [AF]); wherein the first set of teeth (32) is sized in relative proportions to engage with the second set of teeth (50) (the first plurality of teeth [32] are sized to engaged with the second plurality of teeth [50]: paragraph 0034-0035); and wherein first set of teeth (32) can be selectively engaged with the second set of teeth (50) to secure the first frame (3) in relative position to the second frame (5) (the first [32] and second plurality of teeth [50] can be engaged once the position of second frame [5] is selectively changed by a precise distance relative to the first frame [3] to meet the changing needs of the patient during sleep over time: paragraph 0034-0035).
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Annotated figure 5: interpretation of the apparatus of Fallon et al.
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Annotated figure 6: sidewalls of Fallon et al.
However, none of the relevant prior art discloses the inner sidewall disposed closer to a center of the first frame than the outer sidewall. Therefore, claim 12 would be allowable once the 35 U.S.C. 112(b) rejection and nonstatutory double patenting rejection has been resolved.
Claims 13-20 would also be allowable based on their dependence on claim 12 once the 35 U.S.C. 112(b) rejection and nonstatutory double patenting rejection has been resolved.
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.”
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-8, and 12-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3, 9, 10, 14, and 18 of U.S. Patent No. 11690753 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
US 11690753 B2
Claim 1: A mandibular advancement device having a first frame and a second frame, the first frame having generally a U shape, the U shape having an apex and two ends, the two ends associated with a rear of the first frame and the apex associated generally with a front of the first frame, the mandibular advancement device comprising: a channel of the first frame having two opposing sidewalls; an inner sidewall of the two opposing sidewalls; an outer sidewall of the two opposing sidewalls; a first plurality of teeth on the inner sidewall; a raised block of the second frame; a mating sidewall of the raised block; a second plurality of teeth on the mating sidewall; and wherein the first plurality of teeth on the inner sidewall is sized in relative proportions to engage with the second plurality of teeth on the mating sidewall.
Claim 1: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; a first outside wall of the second upstanding sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; and a second set of teeth on the first outside wall of the second upstanding sidewall.
Claim 9: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame, the first rib having a wider portion disposed between a top of the first rib and a bottom of the first rib; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; a second set of teeth on the first outside wall of the second upstanding sidewall; and wherein the first frame and the second frame are configured to be disposed in a first position and a second position wherein, in the first position, the top of the first rib is slidably disposed on the top of the first channel and wherein, in the second position, the first rib is disposed in the first channel and the first set of teeth are engaged with the second set of teeth, and wherein, upon squeezing the first frame and the second frame together, the first rib of the first frame snaps into the first channel thereby holding the first frame and the second frame together and the first set of teeth and the second set of teeth restrict sliding of the first frame with respect to the second frame.
Independent Claim Analysis
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11690753. Claims 1 and 9 of U.S. Patent No. 11690753 recites the location and structure regarding the first frame, second frame, upstanding walls, and sets of teeth. Thus, the invention of claims 1 and 9 of U.S. Patent No. 11690753 is a “species” of the “generic” invention of claim 1 of the instant application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 1 of the instant application is anticipated by claims 1 and 9 of U.S. Patent No. 11690753, it is not patentably distinct from claims 1 and 9 of U.S. Patent No. 11690753.
Claim 2: The mandibular advancement device of claim 1, wherein the first frame and the second frame are configured to be disposed in a first position and a second position wherein, in the first position, the first and second plurality of teeth are disengaged and the relative position of the first frame and the second frame can be slidably adjusted and wherein, in the second position, the first and second plurality of teeth are engaged thereby fixing the relative position of the first frame with respect to the second frame.
Claim 3: The mandibular advancement device of claim 1, further comprising a rib of the first frame; a mating channel of the second frame; and wherein the rib is sized in relative proportions to be received in the mating channel.
Claim 4: The mandibular advancement device of claim 3, wherein the rib faces the first plurality of teeth and wherein the mating channel faces away from the second plurality of teeth.
Claim 1: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; a first outside wall of the second upstanding sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; and a second set of teeth on the first outside wall of the second upstanding sidewall.
Claim 9: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame, the first rib having a wider portion disposed between a top of the first rib and a bottom of the first rib; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; a second set of teeth on the first outside wall of the second upstanding sidewall; and wherein the first frame and the second frame are configured to be disposed in a first position and a second position wherein, in the first position, the top of the first rib is slidably disposed on the top of the first channel and wherein, in the second position, the first rib is disposed in the first channel and the first set of teeth are engaged with the second set of teeth, and wherein, upon squeezing the first frame and the second frame together, the first rib of the first frame snaps into the first channel thereby holding the first frame and the second frame together and the first set of teeth and the second set of teeth restrict sliding of the first frame with respect to the second frame.
Dependent Claim Analysis
Claims 2-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11690753. Claims 1 and 9 of U.S. Patent No. 11690753 recites the location and structure regarding the first frame, second frame, set of teeth, the channels, and ribs. Thus, the invention of claims 1 and 9 of U.S. Patent No. 11690753 is a “species” of the “generic” invention of claims 2-4 of the instant application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims 2-4 of the instant application is anticipated by claims 1 and 9 of U.S. Patent No. 11690753, it is not patentably distinct from claims 1 and 9 of U.S. Patent No. 11690753.
Claim 6: An adjustable mandibular having generally a U-shape comprising two legs, a curved front portion, and an open rear portion, the mandibular advancement device comprising: a first frame, the first frame comprising: a first channel on a first leg; a first plurality of teeth disposed on an inner sidewall of the first channel; a second channel on a second leg; a second plurality of teeth on an inner sidewall of the second channel; a second frame, the second frame comprising; a third plurality of teeth on a first mating sidewall; a fourth plurality of teeth on a second mating sidewall; wherein the third plurality of teeth is sized in relative proportion to mate with the first plurality of teeth; wherein the fourth plurality of teeth is sized in relative proportions to mate with the second plurality of teeth; and wherein the first frame and the second frame can be disposed in a mated position such that first and third pluralities of teeth are engaged and the second and fourth pluralities of teeth are engaged thereby fixing the relative position of the first frame with respect to the second frame.
Claim 14: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first set of upstanding sidewalls on the first occlusal surface of the first frame; a first rib disposed between the first set of upstanding sidewalls; a first set of teeth on the first set of upstanding sidewalls, the first set of teeth facing the first rib; a second set of upstanding sidewalls on the first occlusal surface of the first frame; a second rib disposed between the second set of upstanding sidewalls; a second set of teeth on the second set of upstanding sidewalls, the second set of teeth facing the second rib; a third set of teeth on the second occlusal surface disposed in relative position to interface with the first set of teeth; a first channel disposed between the third set of teeth, the first channel dimensioned in relative proportions and disposed in relative position to receive the first rib; a fourth set of teeth on the second occlusal surface disposed in relative position to interface with the second set of teeth; and a second channel disposed between the fourth set of teeth, the second channel dimensioned in relative proportions and disposed in relative position to receive the second rib.
Independent Claim Analysis
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 11690753. Claim 14 of U.S. Patent No. 11690753 recites the location and structure regarding the first frame, second frame, upstanding walls, and sets of teeth. Thus, the invention of claim 14 of U.S. Patent No. 11690753 is a “species” of the “generic” invention of claim 6 of the instant application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 6 of the instant application is anticipated by claim 14 of U.S. Patent No. 11690753, it is not patentably distinct from claim 14 of U.S. Patent No. 11690753.
Claim 7: The adjustable mandibular advancement device of claim 6, further comprising: a first retaining member of the first frame associated with the first channel; a second retaining member of the first frame associated with the second channel; a first mating retaining member of the second frame; a second mating retaining member of the second frame; wherein the first retaining member is sized in relative proportions to be received in the first mating retaining member; and wherein the second retaining member is sized in relative proportions to be received in the second mating retaining member.
Claim 8: The adjustable mandibular advancement device of claim 7, wherein the first and second retaining members are ribs and the first and second mating retaining members are channels.
Claim 14: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first set of upstanding sidewalls on the first occlusal surface of the first frame; a first rib disposed between the first set of upstanding sidewalls; a first set of teeth on the first set of upstanding sidewalls, the first set of teeth facing the first rib; a second set of upstanding sidewalls on the first occlusal surface of the first frame; a second rib disposed between the second set of upstanding sidewalls; a second set of teeth on the second set of upstanding sidewalls, the second set of teeth facing the second rib; a third set of teeth on the second occlusal surface disposed in relative position to interface with the first set of teeth; a first channel disposed between the third set of teeth, the first channel dimensioned in relative proportions and disposed in relative position to receive the first rib; a fourth set of teeth on the second occlusal surface disposed in relative position to interface with the second set of teeth; and a second channel disposed between the fourth set of teeth, the second channel dimensioned in relative proportions and disposed in relative position to receive the second rib.
Dependent Claim Analysis
Claims 7-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 11690753. Claim 14 of U.S. Patent No. 11690753 recites the location and structure regarding the channels and ribs. Thus, the invention of claim 14 of U.S. Patent No. 11690753 is a “species” of the “generic” invention of claims 7-8 of the instant application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims 7-8 of the instant application is anticipated by claim 14 of U.S. Patent No. 11690753, it is not patentably distinct from claim 14 of U.S. Patent No. 11690753.
Claim 12: An adjustable mandibular having generally a U-shape comprising two legs, a curved front portion, and an open rear portion, the mandibular advancement device comprising: a first frame comprising: a channel formed from two opposing sidewalls; an outer sidewall of the two opposing sidewalls; an inner sidewall of the two opposing sidewalls; the inner sidewall disposed closer to a center of the first frame than the outer sidewall; a first set of teeth on the inner sidewall; a second frame comprising: a raised block; an inner sidewall of the raised block; a second set of teeth on the inner sidewall of the raised block; wherein the first set of teeth is sized in relative proportions to engage with the second set of teeth; and wherein first set of teeth can be selectively engaged with the second set of teeth to secure the first frame in relative position to the second frame.
Claim 1: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; a first outside wall of the second upstanding sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; and a second set of teeth on the first outside wall of the second upstanding sidewall.
Claim 9: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame, the first rib having a wider portion disposed between a top of the first rib and a bottom of the first rib; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; a second set of teeth on the first outside wall of the second upstanding sidewall; and wherein the first frame and the second frame are configured to be disposed in a first position and a second position wherein, in the first position, the top of the first rib is slidably disposed on the top of the first channel and wherein, in the second position, the first rib is disposed in the first channel and the first set of teeth are engaged with the second set of teeth, and wherein, upon squeezing the first frame and the second frame together, the first rib of the first frame snaps into the first channel thereby holding the first frame and the second frame together and the first set of teeth and the second set of teeth restrict sliding of the first frame with respect to the second frame.
Independent Claim Analysis
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11690753. Claims 1 and 9 of U.S. Patent No. 11690753 recites the location and structure regarding the first frame, second frame, upstanding walls, and sets of teeth. Thus, the invention of claims 1 and 9 of U.S. Patent No. 11690753 is a “species” of the “generic” invention of claim 12 of the instant application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 12 of the instant application is anticipated by claims 1 and 9 of U.S. Patent No. 11690753, it is not patentably distinct from claims 1 and 9 of U.S. Patent No. 11690753.
Claim 13: The mandibular advancement device of claim 12, further comprising: a rib; and a mating channel; wherein the mating channel is sized in relative proportions and disposed in relative position to engage the rib thereby holding the first frame and the second frame together.
Claim 14: The mandibular advancement device of claim 13, wherein the mating channel is disposed on the second frame.
Claim 15: The mandibular advancement device of claim 13, wherein the rib has a middle portion and a top portion that is narrower than the middle portion.
Claim 17: The mandibular advancement device of claim 13, wherein the rib is disposed in the mating channel thereby preventing separation of the first frame and the second frame.
Claim 1: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; a first outside wall of the second upstanding sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; and a second set of teeth on the first outside wall of the second upstanding sidewall.
Claim 9: A mandibular advancement device having a first frame and a second frame, the first frame having a first occlusal surface and a first generally U-shaped groove, the second frame having a second occlusal surface and second generally U-shaped groove, the mandibular advancement device comprising: a first rib protruding from the first occlusal surface of the first frame, the first rib having a wider portion disposed between a top of the first rib and a bottom of the first rib; a first upstanding sidewall protruding from the first occlusal surface of the first frame; a first inner surface of the first upstanding sidewall, the first inner surface generally parallel to, offset from, and facing the first rib; a first set of teeth on the first inner surface of the first upstanding wall, the first set of teeth facing the first rib; a first channel of the second occlusal surface of the second frame, the first channel in relative position to interface with the first rib; an opening of the first channel on the second occlusal surface, the opening of the first channel having a width that is narrower than a width of the first rib and sized in relative proportions to snappingly retain the first rib; a second upstanding sidewall protruding from the second occlusal surface of the second frame; sidewall, the first outside wall in relative position to interface with the first inner surface of the upstanding first sidewall; a second set of teeth on the first outside wall of the second upstanding sidewall; and wherein the first frame and the second frame are configured to be disposed in a first position and a second position wherein, in the first position, the top of the first rib is slidably disposed on the top of the first channel and wherein, in the second position, the first rib is disposed in the first channel and the first set of teeth are engaged with the second set of teeth, and wherein, upon squeezing the first frame and the second frame together, the first rib of the first frame snaps into the first channel thereby holding the first frame and the second frame together and the first set of teeth and the second set of teeth restrict sliding of the first frame with respect to the second frame.
Claim 16: The mandibular advancement device of claim 13 wherein the mating channel has a beveled opening.
Claim 3: The mandibular advancement device of claim 1, further comprising: a beveled portion of the first channel.
Claim 10: The mandibular advancement device of claim 9, further comprising: a beveled portion of the first channel.
Claim 18: The mandibular advancement device of claim 14 further comprising: a beveled portion of the first channel.
Dependent Claim Analysis
Claims 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9, 10, and 18 of U.S. Patent No. 11690753. Claims 1, 3, 9, 10, and 18 of U.S. Patent No. 11690753 recites the location and structure regarding the channels, ribs, and beveled portions. Thus, the invention of claims 1, 3, 9, 10, and 18 of U.S. Patent No. 11690753 is a “species” of the “generic” invention of claims 13-17 of the instant application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims 13-17 of the instant application is anticipated by claims 1, 3, 9, 10, and 18 of U.S. Patent No. 11690753, it is not patentably distinct from claims 1, 3, 9, 10, and 18 of U.S. Patent No. 11690753.
Conclusion
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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786