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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent application no.10-205-0003353, filed on January 9, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 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 6 recites the limitation “wherein the second ventilation openings”. There is insufficient antecedent basis for this limitation in the claim. Claim 6 depends from claim 5, and claim 5 only introduces “a second ventilation opening” (a single ventilation opening). It is not clear if the claim requires a single second opening or multiple second openings. In light of page 10, lines 11-15 of specification, which describes the second ventilation opening (230), claim 6 is interpreted as to be “a second ventilation opening” recited in claim 5.
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) 1,4,5,7,10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (KR102606771) herein after Choi in view of Paredes et al (EP2628511A1) herein after Paredes and in further view of Sanders (US 10292800) herein after Sanders.
Regarding claim 1, Choi teaches a mouthpiece for whitening teeth, comprising:
a main body (10), which is formed in an arc shape having an outer surface and an inner surface (as seen in Figure 1 the main body 10 is arc shaped, page 5, line 3, "The body further includes an outer surface and an inner surface"), comprises a ventilation passage formed (page 5, lines 3-6, "The body further includes an outer surface and an inner surface and a ventilation hole penetrating the outer surface and the inner surface, The ventilation hole has an opening on the inner side formed in a portion extending from the inner side towards the user's oral cavity by a predetermined length”) to penetrate the outer and inner surfaces,
a bite (120), which extends a predetermined length inward from the inner surface of the main body in an arc shape (as seen in Figure 1), providing a biting surface during use;
a tongue rest (20), which extends inward from the inner surface of the bite (120) (as seen in Figure 1); and a handle (30) which extends outward from the outer surface of the main body (as seen in Figure 1, handle 30 connected with outer surface of the main body);
wherein the bite (120) includes: a first ventilation opening (220), which is formed in a predetermined size on one surface of the ventilation assist and is connected to the ventilation passage.
However, does not teach a ventilation assist which protrudes vertically from the inner surface of the bite and that the main body is flexible.
Paredes teaches a dental mouthpiece where the bite (part 12, col.4, lines 2-6, “horizontally flattened intermediate extension (12) of arched plan and intended to be positioned between the upper and lower jaw teeth, thus forming a bite area for the user”) contains a ventilation assist (13), which protrudes a predetermined length vertically from the inner surface of the bite (as shown in Figure 5);
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However, both Choi and Paredes do not teach that the mouthpiece main body is flexible.
Sanders teaches a dental whitening mouthpiece with flexible structure so that its orientation and shape can be flexibly adjusted according to the user's oral structure; (col.7, lines 32-34, "The mouthpiece device has flexible side walls with a circumferential deformable apron of unique design that adapts to the upper and lower alveolar ridges of the mouth.").
Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify the bite (120) of the Choi to contain a ventilation assist (13), which protrudes a predetermined length vertically from the inner surface of the bite as taught by Paredes, in order to improve retention of the mouthpiece during use and prevent unintended displacement from the mouth.
Therefore, it would have been further obvious for a person of ordinary skill in the art before the filing date of application to modify the main body (10) of Choi to be formed of a flexible structure, as taught by Sanders, so that the shape of the mouthpiece can be flexibly adjusted according to the user’s oral structure.
Regarding claim 4, Choi teaches a mouthpiece for whitening teeth of claim 1, which contains a ventilation passage (220, the ventilation hole makes a passage inside the part 210), However does not teach a ventilation assist which protruding vertically from the inner surface of the bite.
Paredes teaches a mouthpiece with a ventilation assist (13) which has a wall structure (the wall structure of 13 as seen in Figure 6) protruding vertically from the inner surface of the bite (12), and wherein the ventilation assist is formed with a predetermined thickness (structure 13 has a thickness).
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Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify the bite (120) of the Choi to contain a ventilation assist (13), which protrudes a predetermined length vertically from the inner surface of the bite as taught by Paredes, in order to improve retention of the mouthpiece during use and prevent unintended displacement from the mouth.
Following the modification, the ventilation assist would stabilize Choi’s bite and help maintain the ventilation passage (220, ventilation hole makes a passage inside the part 210) in its intended position, thereby promoting smoother airflow through the passage.
Regarding claim 5, Choi teaches a mouthpiece for whitening teeth of claim 1, further comprising: a handle assist (the part where outer body and handle connects) connecting the outer surface of the main body and the handle; and a second ventilation (figures 2 and 4, the opening that goes through towards the handle) opening formed in a predetermined size on at least one surface of the handle assist and connected to the ventilation passage.
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Regarding claim 7, Choi teaches a mouthpiece for whitening teeth of claim 1, wherein the inner surface of the main body further comprises a plurality of protrusions formed to protrude (112, protrusions), enhancing the adhesion of the teeth whitening gel so that the teeth whitening gel is uniformly applied to the tooth surface (page 2, 2nd to last paragraph "The plurality of protrusions 112 serve the function of improving the adhesion between the tooth whitening gel and the inner surface 110").
Regarding claim 10, Choi teaches a mouthpiece for whitening teeth of claim 1, wherein the tongue rest (20) is connected to the ventilation assist (210) to stably hold the user's tongue and fix its position inside the oral cavity (as in Figure 1).
Regarding claim 11, Choi teaches a mouthpiece for whitening teeth of claim 1, wherein the handle (30) is integrally formed with the main body (10, as in figure 1) to assist the user in easily putting on and removing the mouthpiece.
Claim(s) 2,3, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (KR102606771) herein after Choi in view of Paredes et al (EP2628511A1) herein after Paredes and in further view of Sanders (US 10292800) herein after Sanders as in claim 1, and further in view of Levine (EP 2386264) herein after Levine.
Regarding claim 2, Choi teaches the mouthpiece for whitening teeth of claim 1, however does not teach wherein the bite includes at least one bite groove formed to be concavely recessed toward the inner surface of the main body, and the orientation and shape are flexibly adjusted according to the user's oral structure by the bite groove.
Levine teaches a mouthpiece wherein the bite includes at least one bite groove (12, Figure 3, includes concave grooves) formed to be concavely recessed toward the inner surface of the main body, and the orientation and shape are flexibly adjusted (col.6, para [0035], lines 1-3, “the mouthpiece 10 adjusts to a broad range of user dental arch sizes (curvature attributed to lower or upper sets of teeth”)) according to the user's oral structure by the bite groove.
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Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify the continuous bite structure (120) of Choi by providing one or more concave bite grooves on the bite surface and flexible adjustable structure of bite groove according to user’s oral structure, as taught by Levine, in order to improve the seating and retention of the user’s teeth on the bite surface.
Regarding claim 3, Choi teaches a mouthpiece for whitening teeth of claim 2, however, does not teach bite grooves are formed in an even number and arranged symmetrically at left and right side.
Levine teaches a mouthpiece wherein bite grooves are formed in an even number and arranged symmetrically at left and right side (there are two such grooves located in the bite area 12 thereby consisting even number of grooves as in Figure 3, and arranged symmetrically on each side).
Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify the continuous bite structure (120) of Choi by providing even number of concave bite grooves on the bite surface, as taught by Levine, in order to improve the seating and retention of the user’s teeth on the bite surface.
Regarding claim 8, Choi teaches a mouthpiece for whitening teeth of claim 1, however does not teach wherein the inner surface of the main body further comprises a plurality of linear grooves to enhance the adhesion of the teeth whitening gel so that the teeth whitening gel is uniformly applied to the tooth surface.
Levine teaches a mouthpiece wherein the inner surface of the main body further comprises a plurality of linear grooves enhance the adhesion of the teeth whitening gel so that the teeth whitening gel is uniformly applied to the tooth surface (Figure 2, part 16 textured bands on the inner side of the body).
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Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify inner surface of main body (10) of Choi by providing linear grooves (16), as taught by Levine, in order to enhance the adhesion of the teeth whitening gel so that the teeth whitening gel is uniformly applied to the tooth surface.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (KR102606771) herein after Choi in view of Paredes et al (EP2628511A1) herein after Paredes and in further view of Sanders (US 10292800) herein after Sanders as in claim 1, and further in view of Tebbutt et al (US9956369) herein after Tebbutt.
Regarding claim 6, Choi teaches a mouthpiece for whitening teeth of claim 5 containing a first ventilation opening (220, at the inner side of the body) and a second ventilation opening (the ventilation opening at the handle / the outer surface of the body), however does not teach multiple second ventilation openings.
Sanders teaches a mouthpiece with multiple second ventilation openings near the handle (two openings 12, Figure 2A).
However, does not teach first opening branching into two second openings.
Tebbutt teaches a mouthpiece where the airways branches from single opening to two (810, and 811, as seen in Figure 9A which 809 branches into).
Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify the ventilation system of Choi by providing a plurality of second ventilation openings (12) on the handle assist, as taught by Sanders, and configuring the ventilation passage so that it branches from the first ventilation opening into multiple paths that extend to each second ventilation openings, as taught by Tebbutt. A person of ordinary skill in the art would have been motivated to make these modifications in order to increase the total airflow capacity, and provide more even and reliable ventilation through handle area during the use.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (KR102606771) herein after Choi in view of Paredes et al (EP2628511A1) herein after Paredes and in further view of Sanders (US 10292800) herein after Sanders as in claim 1, and further in view of Jacobs et al (US 20040038183) herein after Jacobs.
Regarding claim 9, Choi teaches a mouthpiece for whitening teeth of claim 1, however, does not teach wherein the average thickness of the main body is 1 to 2 mm.
Jacobs teaches a mouthpiece where the thickness of the main body/the dental tray is around 0.7-1.2mm which is within the claimed range (page 6, claim 10 "A customized dental tray as defined in claim 1, the customized dental tray having an average wall thickness in a range of about 0.7 mm to about 1.2 mm").
Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of application to modify the main body (10) thickness of Choi by providing a thickness between about 1-2mm, as taught by Jacobs, in order to provide a mouthpiece that is thin enough to be comfortable and flexible for the user while still maintaining sufficient structural strength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA N. SAMARASEKARA whose telephone number is (571)272-9653. The examiner can normally be reached Monday-Friday 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARA N SAMARASEKARA/ Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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