US 9,510,969 Nasal element for a breathing system
3 defendants · 4 suits · updated October 6, 2026
Also cited as U.S. Patent No. 9,510,969 · US9510969B2 · US 9,510,969 B2 · 9510969 · the '969 patent
Intake Breathing Technology, LLC has filed 4 patent-infringement suits on US 9,510,969, "Nasal element for a breathing system" since June 15, 2026, 2 of them in the E.D. Va., against 3 distinct defendants including Jonathan Mark Nelson, Zendrop LLC and Sahak Group LLC. The patent is held by Castillo Investments LP and was granted December 6, 2016 on a priority date of December 20, 2013. Its abstract opens: "Provided is a goggle kit including a goggle clip attachable to the goggle frame, and a corresponding nose element, which adheres to the user's nose." The examiner cited 1 reference during prosecution.
- Assignee
- Castillo Investments LP
- Priority date
- December 20, 2013
- Granted
- December 6, 2016
- Expires
- December 20, 2033
- Status
- Active
- Claims
- 30 (3 independent)
- Inventors
- James D. Castillo
- Full text
- Google Patents
The suits
4 cases · E.D. Va. (2) · D. Kan. (1) · S.D. Fla. (1)
| Filed | Defendant | Plaintiff | Court | Docket |
|---|---|---|---|---|
| 2026-06-15 | Jonathan Mark Nelson | Intake Breathing Technology, LLC | D. Kan. | 2:26-cv-02347 |
| 2026-06-18 | Zendrop LLC | Intake Breathing Technology, LLC | S.D. Fla. | 9:26-cv-80728 |
| 2026-09-09 | Sahak Group LLC | Intake Breathing Technology, LLC | E.D. Va. | 1:26-cv-02975 |
| 2026-09-09 | Sahak Group LLC | Intake Breathing Technology, LLC | E.D. Va. | 2:26-cv-00946 |
Docket links open the public record on CourtListener. Filing dates are the complaint's.
Independent claims
What is actually asserted, verbatim.
1. A disposable apparatus attachable to a nose of a wearer and configured for use with a magnet positioned adjacent to the nose of the wearer, the disposable apparatus comprising: a flexible base layer including a first surface and an opposing second surface, the first surface having an adhesive disposed thereon to enable the first surface to be selectively attachable to the nose of the wearer; a metallic element coupled to the second surface of the base layer and being configured to interact with the magnet when the magnet is positioned adjacent the nose of the wearer and the flexible base layer is attached to the nose of the wearer, the interaction between the metallic element and the magnet imparting a dilating force on the nose of the wearer causing the nose of the wearer to dilate; and an outer layer coupled to the base layer and extending over the metallic element to at least partially cover the metallic element; at least a portion of the flexible base layer extending radially outward beyond the metallic element to define a flexible peripheral portion; the metallic element being configured to allow for movement of the magnet relative to the metallic element when the magnet is magnetically engaged with the metallic element; the disposable apparatus, while being attached to the nose of the wearer, being selectively transitional between an active state and an inactive state, in the active state, the metallic element magnetically interacts with the magnet to impart the dilating force on the nose of the wearer, in the inactive state, the metallic element is magnetically decoupled from the magnet to cease imparting of the dilating force on the nose of the wearer.
19. A disposable apparatus attachable to a nose of a wearer and configured for use with a metallic element positioned adjacent to the nose of the wearer, the disposable apparatus comprising: a flexible base layer including a first surface and an opposing second surface, the first surface having an adhesive disposed thereon to enable the first surface to be selectively attachable to the nose of the wearer; a magnetic element coupled to the second surface of the base layer and being configured to interact with the metallic element when the metallic element is positioned adjacent the nose of the wearer and the flexible base layer is attached to the nose of the wearer, the interaction between the magnetic element and the metallic element imparting a dilating force on the nose of the wearer causing the nose of the wearer to dilate; and an outer layer coupled to the base layer and extending over the magnetic element to at least partially cover the magnetic element; at least a portion of the flexible base layer extending radially outward beyond the metallic element to define a flexible apparatus peripheral portion; the magnetic element being configured to allow for movement of the metallic element relative to the magnetic element when the metallic element is magnetically engaged with the magnetic element; the disposable apparatus, while being attached to the nose of the wearer, being selectively transitional between an active state and an inactive state, in the active state, the magnetic element magnetically interacts with the metallic element to impart the dilating force on the nose of the wearer, in the inactive state, the magnetic element is magnetically decoupled from the metallic element to cease imparting of the dilating force on the nose of the wearer.
26. An externally applied nose dilating system for use on a nose of a wearer, the nose dilating system comprising: a magnet positionable adjacent the nose of the wearer; a flexible attachment layer configured to be selectively attachable to the nose of the wearer, the flexible attachment layer having a middle portion and a peripheral portion surrounding the middle portion; a rigid metallic element coupled to the middle portion of the flexible attachment layer, the rigid metallic element being configured to interact with the magnet when the magnet is positioned adjacent the nose of the wearer and the flexible attachment layer is attached to the nose of the wearer, the interaction between the metallic element and the magnet imparting a dilating force on the nose of the wearer from the middle portion of the flexible attachment layer causing the nose of the wearer to dilate; and an outer layer coupled to the flexible attachment layer and extending over the metallic element to at least partially cover the metallic element; the metallic element being configured to allow for movement of the magnet relative to the metallic element when the magnet is magnetically engaged with the metallic element; the flexible attachment layer and rigid metallic element collectively being configured such that while the flexible attachment layer is attached to the nose of the wearer, the system is selectively transitional between an active state and an inactive state, in the active state, the metallic element magnetically interacts with the magnet to impart the dilating force on the nose of the wearer, in the inactive state, the metallic element is magnetically decoupled from the magnet to cease imparting of the dilating force on the nose of the wearer.
Art before the examiner
23 references of record, 1 cited by the examiner.
Everything listed here was before the Office and is what a challenge must go beyond. Art the examiner never saw is where an invalidity search starts.
Examiner-cited
- US7793661B2 — Method and apparatus for treatment of snoring and sleep apnea (Macken John A)
Applicant-cited and other (22)
- US3835848A — Pericranial splint and retainer assembly
- US5533503A — Nasal dilator
- US5913873A — Nasal support device for domestic mammals and method
- US6006746A — Nasal dilator in combination with eyeglass
- US6033422A — Nasal support device for domestic mammals and method
- US6352548B1 — Nasal support device for animals and method
- US6533412B1 — Interchangeable eyeglass lens system and method
- US6676681B1 — Reusable nasal support devices for animals and methods
- US7091634B2 — Half-jacket eyewear with removable dust shield
- US20070105824A1 — Methods for treating degenerative diseases/injuries
- US20080097517A1 — External Nasal Dilator and Methods of Manufacture
- US20090188023A1 — Air Vent Eyeglasses Construction
- US20110000483A1 — External nasal dilator
- USD639762S1 — Nasal dilator
- USD644324S1 — Nasal dilator
- USD644325S1 — Nasal dilator
- US8042542B2 — Respiratory mask assembly with magnetic coupling to headgear assembly
- US20120036607A1 — Flexible nose guard
- US20120172923A1 — Improved external nasal dilator
- USD696400S1 — Nasal dilator
- USD701957S1 — Nasal dilator
- USD703318S1 — Nasal dilator
Classification
- A61F5/08primary — Devices for correcting deformities of the nose ; Devices for enlarging the nostril, e.g. for breathing improvement
- A61F9/026 — Paddings; Cushions; Fittings to the face
- A61F9/029 — Additional functions or features, e.g. protection for other parts of the face such as ears, nose or mouth; Screen wipers or cleaning devices
Family
- US9510969B2 — B2 (2016)
- US20150173933A1 — A1 (2015)
- US20150182370A1 — A1 (2015)
- US9675493B2 — B2 (2017)
- 11 foreign family members: JP6416280B2, CN106029015A, WO2015094923A2, AU2014366381B2, EP3082663B1, EP3082663A4, JP2017504448A, AU2014366381A1, CN106029015B, EP3082663A2, WO2015094923A3
Abstract
Provided is a goggle kit including a goggle clip attachable to the goggle frame, and a corresponding nose element, which adheres to the user's nose. The nose element and the goggle clip are configured to be detachably engageable therewith, such that when the nose element is placed on the user's nose and the goggle is placed over the user's eyes, the goggle clip and nose element may be engaged with each other, thereby urging the nasal opening of the user to dilate.
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This page is assembled from public records — federal court dockets and the patent's own file — and is updated as the case list changes. It states what the record shows and is not an opinion on the validity or infringement of any claim. Patent data via Google Patents; docket data via CourtListener.