K Number
K113569
Device Name
APNEARX
Date Cleared
2012-03-01

(90 days)

Product Code
Regulation Number
872.5570
AI/MLSaMDIVD (In Vitro Diagnostic)TherapeuticDiagnosticis PCCP Authorized
Intended Use
The Apnea Sciences Corporation "ApneaRx" is intended for use on adult patients 18 years of age or older as an aid for the reduction of mild to moderate obstructive sleep apnea (OSA), and/or snoring.
Device Description
The Apnea Sciences Corporation ApneaRx is an intraoral device used at night to reduce mild to moderate obstructive sleep apnea, and/or snoring by advancing the lower jaw (mandibular repositioning) and thereby minimizing air obstruction and turbulence. The device consists of two custom fabricated trays that fit separately over the upper and lower dental arches and engage each other in the anterior area of the mouth. This interface, and thus this device, functions as a mandibular anterior repositioner, which acts to increase the patient's pharyngeal space, improving the ability to exchange air during sleep.
More Information

Not Found

No
The device description and performance studies focus on mechanical function and material properties, with no mention of AI or ML.

Yes
The device is intended for the reduction of mild to moderate obstructive sleep apnea (OSA) and/or snoring, which are medical conditions, and it achieves this by mandibular repositioning to improve air exchange.

No

The device is described as an aid for the reduction of mild to moderate obstructive sleep apnea (OSA) and/or snoring by physically repositioning the jaw, which is a therapeutic function, not a diagnostic one.

No

The device description explicitly states it is an "intraoral device" consisting of "two custom fabricated trays" that fit over dental arches. This describes a physical, hardware-based medical device, not a software-only one.

Based on the provided information, the Apnea Sciences Corporation "ApneaRx" is not an IVD (In Vitro Diagnostic) device.

Here's why:

  • IVD devices are used to examine specimens derived from the human body. The ApneaRx is an intraoral device that is placed in the mouth to physically reposition the jaw. It does not analyze any biological samples (like blood, urine, tissue, etc.).
  • The intended use is for the reduction of mild to moderate obstructive sleep apnea and/or snoring. This is a therapeutic or assistive function, not a diagnostic one.
  • The device description focuses on its mechanical action (mandibular repositioning) and its physical components. There is no mention of any diagnostic capabilities or analysis of biological markers.

Therefore, the ApneaRx falls under the category of a medical device, but not specifically an In Vitro Diagnostic device.

N/A

Intended Use / Indications for Use

The Apnea Sciences Corporation "ApneaRx" is intended for use on adult patients 18 years of age or older as an aid for the reduction of mild to moderate obstructive sleep apnea, and/or snoring.

Product codes (comma separated list FDA assigned to the subject device)

LRK

Device Description

The Apnea Sciences Corporation ApneaRx is an intraoral device used at night to reduce mild to moderate obstructive sleep apnea, and/or snoring by advancing the lower jaw (mandibular repositioning) and thereby minimizing air obstruction and turbulence. The device consists of two custom fabricated trays that fit separately over the upper and lower dental arches and engage each other in the anterior area of the mouth. This interface, and thus this device, functions as a mandibular anterior repositioner, which acts to increase the patient's pharyngeal space, improving the ability to exchange air during sleep

Mentions image processing

Not Found

Mentions AI, DNN, or ML

Not Found

Input Imaging Modality

Not Found

Anatomical Site

mouth, pharyngeal space, dental arches

Indicated Patient Age Range

18 years of age or older

Intended User / Care Setting

Not Found

Description of the training set, sample size, data source, and annotation protocol

Not Found

Description of the test set, sample size, data source, and annotation protocol

Not Found

Summary of Performance Studies (study type, sample size, AUC, MRMC, standalone performance, key results)

Performance testing was conducted to evaluate and characterize the performance of the Apnea Sciences Corporation ApneaRx. Preclinical testing conducted included dimensional conformance evaluation, visual inspections, design verification to confirm airway passage equivelancy and biocompatibility testing based on the applicable elements of ISO 10993-1 shown below.

Test PerformedStandardTest Result/Conclusion
ISO MEM Elution Assay with L-929
Mouse Fibroblast CellsISO 10993-5Passed.
Non-cytotoxic
ISO Intracutaneous Irritation TestISO 10993-10Passed.
Non-irritant
Sensitization: Guinea Pig MaximizationISO 10993-10Passed/Negative for evidence of
sensitization

Additionally material characterization testing was performed and concluded that the materials used in the construction of the Consumer Health Products Apnea Rx are identical the listed predicate device.

Key Metrics (Sensitivity, Specificity, PPV, NPV, etc.)

Not Found

Predicate Device(s): If the device was cleared using the 510(k) pathway, identify the Predicate Device(s) K/DEN number used to claim substantial equivalence and list them here in a comma separated list exactly as they appear in the text. List the primary predicate first in the list.

K112205, K033822, K955336, K960673, K954128

Reference Device(s): Identify the Reference Device(s) K/DEN number and list them here in a comma separated list exactly as they appear in the text.

Not Found

Predetermined Change Control Plan (PCCP) - All Relevant Information for the subject device only (e.g. presence / absence, what scope was granted / cleared under the PCCP, any restrictions, etc).

Not Found

§ 872.5570 Intraoral devices for snoring and intraoral devices for snoring and obstructive sleep apnea.

(a)
Identification. Intraoral devices for snoring and intraoral devices for snoring and obstructive sleep apnea are devices that are worn during sleep to reduce the incidence of snoring and to treat obstructive sleep apnea. The devices are designed to increase the patency of the airway and to decrease air turbulence and airway obstruction. The classification includes palatal lifting devices, tongue retaining devices, and mandibular repositioning devices.(b)
Classification. Class II (special controls). The special control for these devices is the FDA guidance document entitled “Class II Special Controls Guidance Document: Intraoral Devices for Snoring and/or Obstructive Sleep Apnea; Guidance for Industry and FDA.”

0

Premarket Notification "ApneaRx" Page 24 of 136

Section 6

510(k) Summary

6. 510(k) Summary

This 510(k) summary information is being submitted in accordance with the requirements of SMDA 1990 and 21 CFR 807.92.

| APPLICANT: | Apnea Sciences Corporation
Apnea Sciences
27071 Cabot Road Building #118
Laguna Hills, California. 92653
Phone - 949 226 4421
Fax - 928 569 5974 |
|------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------|
| CONTACT : | Gary Mocnik
49 Coastal Oak, Aliso Viejo, CA 92656
949.433.0413
949.831.9944 fax
gmocnik@cox.net |
| DATE PREPARED | November 30, 2011 |
| TRADE NAME: | ApneaRx |
| COMMON NAME: | Oral Appliance for Mild to Moderate Sleep Apnea & Snoring |
| CLASSIFICATION NAME: | Oral Appliance, 21 CFR, 872.5570 |
| DEVICE CLASSIFICATION: | Class II |
| PRODUCT CODE | LRK |
| PREDICATE DEVICES: | Consumer Health Products "SnoreRx" (K112205), Respironics
Custom 1, (K033822) SnoreFree (K955336), OSAP, (K960673),
SnoreMaster (PureSleep) (K954128). |

Substantially Equivalent To:

The Apnea Sciences Corporation ApneaRx is substantially equivalent in intended use, principal of operation and technological characteristics to the Consumer Health Products "SnoreRx (K112205), Respironics "Custom 1" (K033822), SnoreFree (K955336), OSAP, (K960673), SnoreMaster (PureSleep) (K954128), as well as other predicate devices cleared with an LRK Product Code.

Description of the Device Subject to Premarket Notification:

The Apnea Sciences Corporation ApneaRx is an intraoral device used at night to reduce mild to moderate obstructive sleep apnea, and/or snoring by advancing the lower jaw (mandibular repositioning) and thereby minimizing air obstruction and turbulence. The device consists of two custom fabricated trays that fit separately over the upper and lower dental arches and engage each other in the anterior area of the mouth. This interface, and thus this device, functions as a mandibular anterior repositioner, which acts to increase

1

the patient's pharyngeal space, improving the ability to exchange air during sleep

Indication for Use:

The Apnea Sciences Corporation "ApneaRx" is intended for use on adult patients 18 years of age or older as an aid for the reduction of mild to moderate obstructive sleep apnea, and/or snoring.

Discussion of Technical Characteristics:

The Apnea Sciences Corporation ApneaRx has similar physical and technical characteristics to the predicate devices. The Apnea Sciences Corporation ApneaRx and the identified predicates all provide means for advancing the lower jaw in a predetermined manner. The technical designs and manufacture of the ApneaRx and the predicate devices are very similar, being composed of custom fitted co polymer / trays which fit onto the upper and lower teeth and which are positioned in relation to each other by an adjustable mechanism.

Non-Clinical Performance Data:

Performance testing was conducted to evaluate and characterize the performance of the Apnea Sciences Corporation ApneaRx. Preclinical testing conducted included dimensional conformance evaluation, visual inspections, design verification to confirm airway passage equivelancy and biocompatibility testing based on the applicable elements of ISO 10993-1 shown below.

Test PerformedStandardTest Result/Conclusion
ISO MEM Elution Assay with L-929
Mouse Fibroblast CellsISO 10993-5Passed.
Non-cytotoxic
ISO Intracutaneous Irritation TestISO 10993-10Passed.
Non-irritant
Sensitization: Guinea Pig MaximizationISO 10993-10Passed/Negative for evidence of
sensitization

Additionally material characterization testing was performed and concluded that the materials used in the construction of the Consumer Health Products Apnea Rx are identical the listed predicate device.

Clinical Data

This submission does not rely on clinical data to determine substantial equivalency to the predicate devices.

2

ﺩﺭ

Basis for Determination of Substantial Equivalence:

Conclusions Drawn:

| Product | Intended Use | Principle of
Operation | Overall
Technological
Characteristics |
|------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------|
| Apnea Sciences
Corporation
ApneaRx | The Apnea Sciences Corporation "ApneaRx" is
intended for use on adult patients 18 years of age or
older as an aid for the reduction of mild to moderate
obstructive sleep apnea, and/or snoring | Provides for
mandibular
repositioning
to increase
pharyngeal
space | Custom fitted
plastic intraoral
device inserted
over the upper
and lower dental
arches. |
| Consumer
Health Products
SnoreRx NS 9.0
(K112205) | The Consumer Health Products "SnoreRx NS 9.0"
is intended for use on adult patients 18 years of age
or older as an aid for the reduction of snoring." | SAME | SAME |
| SnoreMaster
PureSleep
(9541285) | The anti-snoring device is intended to alleviate or
correct snoring | SAME | SAME |
| Respironics
"Custom 1",
(K033822) | The Respironics Custom I Oral Appliance is
intended for use by a dentist on adult patients as an
aid for the reduction or elimination of snoring and
obstructive sleep apnea. | SAME | SAME |
| SnoreFree
(K955336) | Intended to treat mild to moderate obstructive sleep
apnea (OSA) and snoring in adults 18 years of age
or older only. | SAME | SAME |
| OSAP,
(K960673) | Intended to treat mild to moderate sleep apnea,
OSA and snoring in adults 18 years of age or older. | SAME | SAME |

As shown, the Apnea Sciences Corporation ApneaRx has the following similarities to the predicate devices:

  • Same intended use .
  • Same design characteristics .
  • . Same operating principal
  • Same mechanism of action .
  • Same technological characteristics .

Upon reviewing the safety and efficacy information provided in this submission and comparing intended use, principle of operation and overall technological characteristics, the Apnea Sciences Corporation ApneaRx is determined by Apnea Sciences Corporation, to be substantially equivalent to existing legally marketed devices

3

DEPARTMENT OF HEALTH & HUMAN SERVICES

Image /page/3/Picture/1 description: The image shows the logo for the U.S. Department of Health and Human Services. The logo consists of a stylized eagle with three tail feathers, enclosed in a circle. The text "DEPARTMENT OF HEALTH & HUMAN SERVICES USA" is arranged around the top half of the circle.

Public Health Service

Food and Drug Administration 10903 New Hampshire Avenue Document Control Room -WO66-G609 Silver Spring, MD 20993-0002

Apnea Science Corporation C/O Mr. Gary Mocnik Regulatory Consultants Gary Mocnik and Associates 49 Coastal Oak Aliso Viejo, California 92656

Re: K113569

Trade/Device Name: ApneaRx Regulation Number: 21 CFR 872.5570 Regulation Name: Intraoral Devices for Snoring and Intraoral Devices for Snoring and Obstructive Sleep Apnea

Regulatory Class: II Product Code: LRK Dated: November 30, 2011 Received: December 2, 2011

Dear Mr. Mocnik:

We have reviewed your Section 510(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, 1976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug, and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act. The general controls provisions of the Act include requirements for annual registration, listing of devices, good manufacturing practice, labeling, and prohibitions against misbranding and adulteration. Please note: CDRH does not evaluate information related to contract liability warranties. We remind you, however, that device labeling must be truthful and not misleading.

If your device is classified (see above) into either class II (Special Controls) or class III (PMA), it may be subject to additional controls. Existing major regulations affecting your device can be found in the Code of Federal Regulations, Title 21, Parts 800 to 898. In addition, FDA may publish further announcements concerning your device in the Eederal Register.

MAR - 1 2012

4

Page 2 - Mr. Mocnik

Please be advised that FDA's issuance of a substantial equivalence determination does not mean that FDA has made a determination that your device complies with other requirements of the Act or any Federal statutes and regulations administered by other Federal agencies. You must comply with all the Act's requirements, including, but not limited to: registration and listing (21 CFR Part 807); labeling (21 CFR Part 801); medical device reporting (reporting of medical device-related adverse events) (21 CFR 803); good manufacturing practice requirements as set forth in the quality systems (OS) regulation (21 CFR Part 820): and if applicable, the electronic product radiation control provisions (Sections 531-542 of the Act); 21 CFR 1000-1050.

If you desire specific advice for your device on our labeling regulation (21 CFR Part 801), please go to http://www.fda.gov/AboutFDA/CentersOffices/CDRH/CDRHOffices /ucm115809.htm for the Center for Devices and Radiological Health's (CDRH's) Office of Compliance. Also, please note the regulation entitled, "Misbranding by reference to premarket notification" (21CFR Part 807.97). For questions regarding the reporting of adverse events under the MDR regulation (21 CFR Part 803), please go to http://www.fda.gov/MedicalDevices/Safety/ReportaProblem/default.htm for the CDRH's Office of Surveillance and Biometrics/Division of Postmarket Surveillance.

You may obtain other general information on your responsibilities under the Act from the Division of Small Manufacturers, International and Consumer Assistance at its toll-free number (800) 638-2041 or (301) 796-7100 or at its Internet address http://www.fda.gov/MedicalDevices/ResourcesforYou/Industry/default.htm.

Sincerely yours,

$\ln$

Director Division of Anesthesiology, General Hospital, Infection Control and Dental Devices Office of Device Evaluation Center for Devices and Radiological Health

Anthony D. Watson, B.S., M.S., M.B.A.

Enclosure

5

Indications for Use Statement 5.

INDICATIONS FOR USE STATEMENT

KIJ3569 510(k) Number (if known):

Device Name: ApneaRx

Indications for Use:

The Apnea Sciences Corporation "ApneaRx" is intended for use on adult patients 18 years of age or older as an aid for the reduction of mild to moderate obstructive sleep apnea (OSA), and/or snoring.

(PLEASE DO NOT WRITE BELOW THIS LINE - CONTINUE ON ANOTHER PAGE IF NEEDED)

Concurrence of CDRH, Office of Device Evaluation (ODE)

OR

Prescription Use X (Per 21 CFR 801.109) Over-The-Counter Use (Optional Format 1-2-96)

Page of

Susan Luna

(Division Sign-Off) Division of Anesthesiology, General Hospital Infection Control, Dental Devices

510(k) Number. K113569