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 .
Election/Restrictions
Claim 36 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention directed to a method of obtaining a color measurement of a tooth, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/04/2025. Applicant’s election without traverse of claims 1-3, 5-10, 16-17, 19, 24, 26, 28-29, 31, 33, 34 in the reply filed on 11/04/2025 is acknowledged.
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 9 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 9 recites the limitation “wherein the tooth rests atop of the alignment feature”. It is unclear whether the tooth is intended to be claimed positively or not. For examining purposes, it was understood that “the alignment feature is configured such that the tooth rests atop of it”. Clarification is required as to avoid claiming human anatomy and having a 101 issue.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6, 8-10,16, 24, 29, 34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levine (WO 2021/067345 A1).
Regarding claim 1, Levine teaches an oral treatment device (see Figure 1) comprising:
an intraoral mouthpiece (see Figure 2) comprising:
an arcuate wall comprising a concave front surface (63);
a bite platform (65) extending from the concave front surface of the arcuate wall (see Figure 1);
an alignment feature (67);
a color measurement sensor (24; [0036-0038]) positioned along the arcuate wall ([0031], [0037-0038] and see Figures 2-4; the sensor is embedded in circuit 15 and the circuit board is arcuate corresponding to the arcuate nature of the surface 13 and further the sensor is aligned with a subset of a user’s teeth),
the color measurement sensor comprising a light emitter configured to emit light onto a tooth and a light receiver configured to receive reflected light that has reflected from the tooth to determine a color value for the tooth ([0036-0038]; the color sensor emits a white light directed at the tooth surface and receives the reflected light to measure a current tooth color).
Levine teaches the bite tab 65 having protuberance 67 is aligned with the LEDs as to most effectively illuminate in the oral cavity ([0029-0032]) and the color measurement sensor being aligned with a subset of teeth when the mouthpiece is inserted into the user’s mouth ([0038]). Therefore, it is fully capable of ensuring that each time the intraoral mouthpiece is positioned into a mouth of a user, the tooth is located at a same distance from the color measurement sensor so that the reflected light is reflected from an identical location along the tooth when the color measurement sensor is activated, because the alignment feature ensures that the overall mouthpiece is aligned within the mouth and that the sensor is aligned with the desired subset of teeth every time, because the sensor is a stationary part of the circuit and the circuit is within the arcuate wall of the mouthpiece. Since the claimed structure of the alignment feature is capable of functioning as claimed as discussed above in detail, the claimed limitations are met.
Regarding claim 2, Levine teaches the oral treatment device according to claim 1 (see rejection above), wherein the bite platform terminates at a distal edge (see annotated Figure below) and comprises an upper surface and a lower surface (see annotated Figure below), and the alignment feature (67) comprises a top surface that is sloped upwardly moving in a direction from the concave inner surface of the arcuate wall towards the distal edge of the bite platform (see annotated Figure below).
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Regarding claim 6, Levine teaches the oral treatment device according to claim 2 (see rejection above). Levine teaches wherein the alignment feature comprises a first side surface that extends from the top surface of the alignment feature to the upper surface of the bite platform and a second side surface that extends from the top surface of the alignment feature to the upper surface of the bite platform, each of the first and second side surfaces being rounded (see annotated Figure below).
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Regarding claim 8, Levine teaches the oral treatment device according to claim 1 (see rejection above), wherein the alignment feature is a wedge-shaped member that protrudes from at least one of an upper surface and a lower surface of the bite platform (see Figures 1 and 5b; the alignment feature 67 is sloped).
Regarding claim 9, Levine teaches the oral treatment device according to claim 1 (see rejection above), wherein the alignment feature is configured such that the tooth rests atop of the alignment feature when the intraoral device is positioned in the mouth of the user, and wherein the tooth is a central incisor (see figure 1; the alignment surface is on the bite surface and is positioned thereon in a location corresponding to the central incisors).
Regarding claim 10, Levine teaches the oral treatment device according to claim 1 (see rejection above), wherein the bite platform comprises an upper surface and a lower surface (see annotated Figure below), and wherein the light emitter and the light receiver of the color measurement sensor are aligned with the alignment feature such that the light emitter and the light receiver lie in a plane that is perpendicular to the upper and lower surfaces of the bite platform and the intersects the alignment feature. Levine teaches the bite tab 65 having protuberance 67 is aligned with the LEDs as to most effectively illuminate in the oral cavity ([0029-0032]) and the color measurement sensor being aligned with a subset of teeth when the mouthpiece is inserted into the user’s mouth ([0038]). Therefore, the alignment feature which is on the bite plate and the sensor, which is on the circuit within the arcuate wall, lie in perpendicular planes.
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Regarding claim 16, Levine teaches the oral treatment device according to claim 1 (see rejection above), further comprising a lamp (understood to be the circuit 15, which carries the LEDs and the color sensor) positioned adjacent to the arcuate wall (see Figure 4 and [0031]; the circuit which carries the lamp curves along the arcuate wall) and configured to emit electromagnetic radiation onto oral surfaces when the intraoral mouthpiece is positioned within the mouth of the user and activated ([0032]), the lamp (15) comprising a plurality of electromagnetic radiation emitting elements (23) and the color measurement sensor (24) (see at least [0031-0032], [0036-0038]).
Regarding claim 24, Levine teaches an oral treatment device (see Figure 1) comprising:
an intraoral mouthpiece (see Figure 2) comprising:
an arcuate wall comprising a concave front surface (63);
a bite platform (65) extending from the front surface of the arcuate wall (see Figure 1);
an alignment feature (67) located on or adjacent to the bite platform, the alignment feature comprising a sloped top surface (see Figures 1 and 5); and
a color measurement sensor (24; [0036-0038]) aligned with the alignment feature and configured to obtain a color measurement of a tooth that is located along the alignment feature ([0031], [0037-0038] and see Figures 2-4; the sensor is embedded in circuit 15 and the circuit board is arcuate corresponding to the arcuate nature of the surface 13 and further the sensor is aligned with a subset of a user’s teeth, therefore it is fully capable of being aligned with the central incisors and measuring a tooth color corresponding to said subset of teeth).
Regarding claim 29, Levine teaches the oral treatment device according to claim 24 (see rejection above). Levine teaches the color measurement sensor comprises a light emitter configured to emit light onto the tooth and a light receiver configured to receive reflected light that has reflected from the tooth to obtain the color measurement of the tooth ([0036-0038]; the color sensor emits a white light directed at the tooth surface and receives the reflected light to measure a current tooth color).
Levine teaches the bite tab 65 having protuberance 67 is aligned with the LEDs as to most effectively illuminate in the oral cavity ([0029-0032]) and the color measurement sensor being aligned with a subset of teeth when the mouthpiece is inserted into the user’s mouth ([0038]). Therefore, the device of Levine is fully capable of the reflected light being reflected from an identical location along the tooth each time the intraoral mouthpiece is positioned into the mouth of the user since the sensor is part of the circuit and the circuit is within the arcuate wall of the mouthpiece.
Regarding claim 34, Levine teaches the oral treatment device according to any one of claim (24 (see rejection above), the top surface of the alignment feature is inclined upwardly in a direction of an axis that is parallel or coincident to a direction of a translational movement of the intraoral mouthpiece during insertion of the intraoral mouthpiece into a mouth of a user (see Figure 1; the highest point of the alignment feature is in a parallel plane to the bite tab of the mouthpiece).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (WO 2021/067345 A1), in view of Lowe (US 2014/0080082 A1).
Regarding claim 3, Levine teaches the alignment feature comprises a bottom surface that is sloped downwardly moving in the direction from the concave inner surface of the arcuate wall towards the distal edge of the bite platform (see annotated Figure below), but does not teach the top and bottom surfaces of the alignment feature are located on opposite sides of the bite platform.
Lowe teaches a device comprising a bite platform (1001) and an upper alignment feature (1002) and a lower alignment feature (1003) that incline/decline from opposite sides of the bite platform (see figures 1A).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the upper and lower surfaces of the alignment feature to be on opposite sides of the bite plate, as taught by Lowe, because it would accommodate both the upper and lower jaws and allow alignment of both jaws with the device simultaneously.
Regarding claim 28, Levine teaches the oral treatment device according to claim 24 (see rejection above). Levine teaches the bite platform comprises an upper surface and a lower surface (see annotated Fig. below), and wherein the alignment feature is a wedge shaped member (see Figures 1 and 5b; the alignment feature 67 is sloped).
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Levine does not teach it being configured so that the sloped top surface and a bottom surface of the alignment feature protrude from both of the upper and lower surfaces of the bite platform and diverge from one another with increasing distance away from the front surface of the arcuate wall.
Lowe teaches a device comprising a bite platform (1001) and an upper alignment feature (1002) and a lower alignment feature (1003) that incline/decline from opposite sides of the bite platform (see figures 1A).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the upper and lower surfaces of the alignment feature to be on opposite sides of the bite plate, as taught by Lowe, because it would accommodate both the upper and lower jaws and allow alignment of both jaws with the device simultaneously.
Claim(s) 17, 19, 31, 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (WO2021/067345 A1), in view of Boutoussov et al. (US 2013/0089829 A1), Myungmun Dental (KR101865714 B1), translation provided, and further in view of Lowe (US 2014/0080082 A1).
Regarding claim 17, Levine teaches the oral treatment device according to claim 16 (see rejection above), wherein the plurality of electromagnetic radiation emitting elements (23) of the lamp comprises: a plurality of first electromagnetic radiation emitting elements that emit one of a violet light, an indigo light, and a blue light when activated [0043, 0045]) and the LEDs may emit blue light for cosmetic whitening treatment and red light for tissue healing and bone modulation ([0043]); and
However, it does not teach a first set of the radiation emitting elements that emit the blue light when activated and a plurality of second electromagnetic radiation emitting elements that emit a red light when activated; and wherein the plurality of first electromagnetic radiation emitting elements are located between the plurality of second electromagnetic radiation emitting elements and the bite platform, the plurality of first electromagnetic radiation emitting elements being positioned so as to emit the one of the violet, indigo, and blue light onto surfaces of the user's teeth when activated, and the plurality of second electromagnetic radiation emitting elements being positioned so as to emit red light onto the user's gums when activated.
Boutoussov et al. teaches a device in the same field of endeavor of oral treatment devices (abstract). Boutoussov teaches the device provides bristles (804, 808) that emit electromagnetic radiation (806, 810) at different wavelengths depending on the corresponding location of the bristles ([0034]), such that electromagnetic radiation (810) corresponds to the gums of the patient and electromagnetic radiation (806) corresponds to the tooth of the patient (see Figure 8) as to perform different treatment procedures ([0034]). The first wavelength may be configured to whiten the teeth and may be within the range of approximately 390 nm to 480 nm (which includes violet light) and the second wavelength is configured to treat the gums (i.e., kill bacteria) and may be within the range of approximately 620 nm to 680 nm (which includes red light) ([0035]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device to have a first electromagnetic radiation configured to emit light to treat the teeth at wavelengths between 390 nm and 480 nm and a second electromagnetic radiation configured to emit light to treat the gum at wavelengths between 620 nm to 680 nm, as taught by Boutoussov et al., as it would allow performing different treatments for different areas of the mouth simultaneously (e.g., tooth whitening and gingival therapy).
The references do not teach wherein the plurality of second electromagnetic radiation emitting elements comprises a first row positioned adjacent to the top edge of the lamp to emit the red light onto the user's gums when activated, and wherein each of the plurality of first electromagnetic radiation emitting elements is located between the first row of the plurality of second electromagnetic radiation emitting elements and the bottom edge of the lamp to emit the violet light onto the user's teeth when activated.
Myungmun Dental teaches a device in the same field of endeavor of devices comprising radiation emitting elements (abstract). Myungmun teaches the device is a mouthpiece comprising irradiation units (122-1, 122-2, 122-3) and the device being used for treatments including tooth whitening at the same time as gum massage and osseointergration (see page 2 of translation). Myungmun teaches the irradiation elements are arranged in rows and positioned to correspond to locations of where the light is intended to be applied (see Figures and page 2 of translation). The wavelength provided for treating the gingiva can be a light at a wavelength 630 nm (see page 4 of translation), which is red light.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the radiation emitting elements to be arranged as rows corresponding to different treatment locations (i.e., the teeth for teeth whitening and the gums for therapeutic treatment), as taught by Myunhmun dental, such that it would allow the light to reach the intended areas directly and therefore provide the treatments simultaneously.
The combination would teach the claimed arrangement having a row of light corresponding to the gum line and rows of light corresponding to the teeth and another row of light at a bottom edge of the mouthpiece as the device is used for the upper and lower teeth and the same row arrangement as for the upper jaw would be mirrored for the lower jaw.
Regarding claim 19, Levine in view of Boustoussov and Myungmun Dental teaches the oral treatment device according to claim 17 (see rejection above). Levine teaches wherein upon activating the color measurement sensor while the intraoral mouthpiece is located within the mouth of the user, the color measurement sensor determines the color value for the tooth ([0036-0038]). Levine further teaches a timer is provided to set a duration of the light provided by the mouthpiece ([0010-0011]). The combination teaches upon activating the plurality of first electromagnetic radiation emitting elements, the plurality of first electromagnetic emitting elements emit the one of the blue, indigo, and violet light onto the user's gums for a first predetermined period of time, and wherein upon activating the plurality of second electromagnetic radiation emitting elements, the plurality of second electromagnetic radiation emitting elements emit the red light onto the surfaces of the user's teeth for a second predetermined period of time.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device to have a first electromagnetic radiation configured to emit light to treat the teeth at wavelengths between 390 nm and 480 nm and a second electromagnetic radiation configured to emit light to treat the gum at wavelengths between 620 nm to 680 nm, as taught by Boutoussov et al., as it would allow performing different treatments for different areas of the mouth simultaneously (e.g., tooth whitening and gingival therapy).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the radiation emitting elements to be arranged as rows corresponding to different treatment locations (i.e., the teeth for teeth whitening and the gums for therapeutic treatment), as taught by Myunhmun dental, such that it would allow the light to reach the intended areas directly and therefore provide the treatments simultaneously.
Regarding claims 31 and 33, Levine teaches the oral treatment device according to claim 24 (see rejection above). Levine teaches it further comprising a lamp (understood to be the circuit 15, which carries the LEDs and the color sensor) positioned adjacent to the arcuate wall (see Figure 4 and [0031]; the circuit which carries the lamp curves along the arcuate wall) and configured to emit electromagnetic radiation onto oral surfaces when the intraoral mouthpiece is positioned within the mouth of the user and activated ([0032]), the lamp (15) comprising a plurality of electromagnetic radiation emitting elements (23) and the color measurement sensor (24) (see at least [0031-0032], [0036-0038]),
wherein the plurality of electromagnetic radiation emitting elements (23) of the lamp comprises:
a plurality of first electromagnetic radiation emitting elements that emit one of a violet light, an indigo light, and a blue light when activated [0043, 0045]) and the LEDs may emit blue light for cosmetic whitening treatment and red light for tissue healing and bone modulation ([0043]); and
However, it does not teach a first set of the radiation emitting elements that emit the blue light when activated and a plurality of second electromagnetic radiation emitting elements that emit a red light when activated; and wherein the plurality of first electromagnetic radiation emitting elements are located between the plurality of second electromagnetic radiation emitting elements and the bite platform, the plurality of first electromagnetic radiation emitting elements being positioned so as to emit the one of the violet, indigo, and blue light onto surfaces of the user's teeth when activated, and the plurality of second electromagnetic radiation emitting elements being positioned so as to emit red light onto the user's gums when activated.
Boutoussov et al. teaches a device in the same field of endeavor of oral treatment devices (abstract). Boutoussov teaches the device provides bristles (804, 808) that emit electromagnetic radiation (806, 810) at different wavelengths depending on the corresponding location of the bristles ([0034]), such that electromagnetic radiation (810) corresponds to the gums of the patient and electromagnetic radiation (806) corresponds to the tooth of the patient (see Figure 8) as to perform different treatment procedures ([0034]). The first wavelength may be configured to whiten the teeth and may be within the range of approximately 390 nm to 480 nm (which includes violet light) and the second wavelength is configured to treat the gums (i.e., kill bacteria) and may be within the range of approximately 620 nm to 680 nm (which includes red light) ([0035]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device to have a first electromagnetic radiation configured to emit light to treat the teeth at wavelengths between 390 nm and 480 nm and a second electromagnetic radiation configured to emit light to treat the gum at wavelengths between 620 nm to 680 nm, as taught by Boutoussov et al., as it would allow performing different treatments for different areas of the mouth simultaneously (e.g., tooth whitening and gingival therapy).
The references do not teach wherein the plurality of second electromagnetic radiation emitting elements comprises a first row positioned adjacent to the top edge of the lamp to emit the red light onto the user's gums when activated, and wherein each of the plurality of first electromagnetic radiation emitting elements is located between the first row of the plurality of second electromagnetic radiation emitting elements and the bottom edge of the lamp to emit the violet light onto the user's teeth when activated.
Myungmun Dental teaches a device in the same field of endeavor of devices comprising radiation emitting elements (abstract). Myungmun teaches the device is a mouthpiece comprising irradiation units (122-1, 122-2, 122-3) and the device being used for treatments including tooth whitening at the same time as gum massage and osseointergration (see page 2 of translation). Myungmun teaches the irradiation elements are arranged in rows and positioned to correspond to locations of where the light is intended to be applied (see Figures and page 2 of translation). The wavelength provided for treating the gingiva can be a light at a wavelength 630 nm (see page 4 of translation), which is red light.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the radiation emitting elements to be arranged as rows corresponding to different treatment locations (i.e., the teeth for teeth whitening and the gums for therapeutic treatment), as taught by Myunhmun dental, such that it would allow the light to reach the intended areas directly and therefore provide the treatments simultaneously.
The combination would teach the claimed arrangement having a row of light corresponding to the gum line and rows of light corresponding to the teeth and another row of light at a bottom edge of the mouthpiece as the device is used for the upper and lower teeth and the same row arrangement as for the upper jaw would be mirrored for the lower jaw.
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 1-3, 9-10, 16-17, 19, 24, 26, 29, 31, 33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 8, 10, 26-27 of U.S. Patent No. 17/986,186, henceforth referred to as ‘186. Although the claims at issue are not identical, they are not patentably distinct from each other because they anticipate the claims of the instant application as shown below:
Instant application ‘148 claims 1, 2, 16, 17, 24, 29, 31 are anticipated by claim 1 of ‘186
An oral treatment device comprising:
an arcuate wall comprising a concave front surface;
a bite platform extending from the concave front surface of the arcuate wall;
a color measurement sensor positioned along the arcuate wall, the color measurement sensor comprising a light emitter configured to emit light onto a tooth and a light receiver configured to receive reflected light that has reflected from the tooth to determine a color value for the tooth; and
wherein the alignment feature is configured to ensure that each time the intraoral mouthpiece is positioned into a mouth of a user, the tooth is located at a same distance from the color measurement sensor so that the reflected light is reflected from an identical location along the tooth when the color measurement sensor is activated.
2. The oral treatment device according to claim 1 wherein the bite platform terminates at a distal edge and comprises an upper surface and a lower surface, and wherein the alignment feature comprises a top surface that is sloped upwardly moving in a direction from the concave inner surface of the arcuate wall towards the distal edge of the bite platform.
16. The oral treatment device according to any one of claim 1, further comprising a lamp positioned adjacent to the arcuate wall and configured to emit electromagnetic radiation onto oral surfaces when the intraoral mouthpiece is positioned within the mouth of the user and activated, the lamp comprising a plurality of electromagnetic radiation emitting elements and the color measurement sensor.
17. (Original) The oral treatment device according to claim 16, wherein the plurality of electromagnetic radiation emitting elements of the lamp comprises: a plurality of first electromagnetic radiation emitting elements that emit one of a violet light, an indigo light, and a blue light when activated; and a plurality of second electromagnetic radiation emitting elements that emit a red light when activated; and wherein the plurality of first electromagnetic radiation emitting elements are located between the plurality of second electromagnetic radiation emitting elements and the bite platform, the plurality of first electromagnetic radiation emitting elements being positioned so as to emit the one of the violet, indigo, and blue light onto surfaces of the user's teeth when activated, and the plurality of second electromagnetic radiation emitting elements being positioned so as to emit red light onto the user's gums when activated.
24. An oral treatment device comprising: an arcuate wall comprising a front surface; a bite platform extending from the front surface of the arcuate wall; an alignment feature located on or adjacent to the bite platform, the alignment feature comprising a sloped top surface; and a color measurement sensor aligned with the alignment feature and configured to obtain a color measurement of a tooth that is located along the alignment feature.
29. The oral treatment device according to claim 24, wherein the color measurement sensor comprises a light emitter configured to emit light onto the tooth and a light receiver configured to receive reflected light that has reflected from the tooth to obtain the color measurement of the tooth, and wherein the reflected light is reflected from an identical location along the tooth each time the intraoral mouthpiece is positioned into the mouth of the user.
31. The oral treatment device according to any one of claim 24, further comprising a lamp positioned adjacent to the arcuate wall and configured to emit electromagnetic radiation onto oral surfaces when the intraoral mouthpiece is positioned within the mouth of the user and activated, the lamp comprising a plurality of electromagnetic radiation emitting elements and the color measurement sensor, wherein the plurality of electromagnetic radiation emitting elements of the lamp comprises: a plurality of first electromagnetic radiation emitting elements that emit a violet light when activated; and a plurality of second electromagnetic radiation emitting elements that emit a red light when activated; and wherein the plurality of first electromagnetic radiation emitting elements are located between the plurality of second electromagnetic radiation emitting elements and the bite platform, the plurality of first electromagnetic radiation emitting elements being positioned so as to emit violet light onto surfaces of the user's teeth when activated, and the plurality of second electromagnetic radiation emitting elements being positioned so as to emit red light onto the user's gums when activated.
An oral treatment device comprising: an intraoral mouthpiece comprising:
an arcuate wall comprising a front surface;
a lamp positioned adjacent to the arcuate wall and configured to emit electromagnetic radiation onto oral surfaces when the intraoral mouthpiece is positioned within a mouth of a user and activated, the lamp comprising:
a top edge and a bottom edge;
a plurality of first electromagnetic radiation emitting elements that emit a violet light when activated; and
a plurality of second electromagnetic radiation emitting elements that emit a red light when activated; and
wherein the plurality of second electromagnetic radiation emitting elements comprises a first row positioned adjacent to the top edge of the lamp to emit the red light onto the user's gums when activated, and wherein each of the plurality of first electromagnetic radiation emitting elements is located between the first row of the plurality of second electromagnetic radiation emitting elements and the bottom edge of the lamp to emit the violet light onto the user's teeth when activated,
wherein the oral treatment device further comprises a bite platform extending from the front surface of the arcuate wall, and the intraoral mouthpiece further comprises an alignment feature located on the bite platform and extending from the front surface of the arcuate wall, the alignment feature having a top surface inclined upwardly with increasing distance beginning from the arcuate wall to a distal end of the bite platform,
wherein the lamp further comprises a color measurement sensor that is configured to obtain a color measurement of a tooth of the user when activated, the color measurement sensor comprising a light emitter configured to emit light onto the tooth and a light receiver configured to receive reflected light that has reflected from the tooth to determine the color measurement of the tooth, and
wherein the alignment feature is configured such that, when the intraoral mouthpiece is positioned within the mouth of the user, the tooth of the user is positioned on top of the alignment feature at a consistent distance from the color measurement sensor so that the color measurement is obtained from an identical location on the tooth each time the color measurement sensor is obtained.
Instant application ‘148 claim 3 is anticipated by claim 10 of ‘186
3. The oral treatment device according to claim 2, wherein the alignment feature comprises a bottom surface that is sloped downwardly moving in the direction from the concave inner surface of the arcuate wall towards the distal edge of the bite platform, and wherein the top and bottom surfaces of the alignment feature are located on opposite sides of the bite platform.
10. The oral treatment device according to claim 1, wherein the alignment feature comprises a bottom surface that is inclined downwardly moving in the direction away from the front surface of the arcuate wall.
Instant application ‘148 claim 9 is anticipated by claims 26-27 of ‘186
9. The oral treatment device according to claim 1, wherein the tooth rests atop of the alignment feature when the intraoral device is positioned in the mouth of the user, and wherein the tooth is a central incisor.
26. The oral treatment device according to claim 8, wherein the color measurement sensor is positioned to obtain the color measurement from a maxillary central incisor of the user's teeth.
27. The oral treatment device according to claim 26, wherein the intraoral mouthpiece is configured to be rotated 1800 about a longitudinal axis of the oral treatment device such that, after rotation, the color measurement sensor is positioned to obtain the color measurement from a mandibular central incisor of the user's teeth.
Instant application ‘148 claim 10 is anticipated by claim 8 of ‘186
10. The oral treatment device according to claim 1, wherein the bite platform comprises an upper surface and a lower surface, and wherein the light emitter and the light receiver of the color measurement sensor are aligned with the alignment feature such that the light emitter and the light receiver lie in a plane that is perpendicular to the upper and lower surfaces of the bite platform and the intersects the alignment feature.
8. The oral treatment device according to claim 5, wherein the bite platform divides the arcuate wall into an upper portion and a lower portion, and wherein the color measurement sensor is located along the upper portion of the arcuate wall, and wherein the color measurement sensor is positioned behind the alignment feature in a plane that is perpendicular to the bite platform and intersects the alignment feature.
Instant application ‘148 claims 19, 33 are anticipated by claims 1 and 2 of ‘186
19. The oral treatment device according to claim 17, wherein upon activating the color measurement sensor while the intraoral mouthpiece is located within the mouth of the user, the color measurement sensor determines the color value for the tooth, wherein upon activating the plurality of first electromagnetic radiation emitting elements, the plurality of first electromagnetic emitting elements emit the one of the blue, indigo, and violet light onto the user's gums for a first predetermined period of time, and wherein upon activating the plurality of second electromagnetic radiation emitting elements, the plurality of second electromagnetic radiation emitting elements emit the red light onto the surfaces of the user's teeth for a second predetermined period of time.
33. The oral treatment device according to claim31 wherein the lamp comprises a top edge and a bottom edge, wherein the plurality of second electromagnetic radiation emitting elements comprises a first row positioned adjacent to the top edge of the lamp and a second row positioned adjacent to the bottom edge of the lamp, and wherein the plurality of first electromagnetic radiation emitting elements are all located between the first and second rows of the plurality of second electromagnetic radiation emitting elements.
An oral treatment device comprising: an intraoral mouthpiece comprising:
an arcuate wall comprising a front surface;
a lamp positioned adjacent to the arcuate wall and configured to emit electromagnetic radiation onto oral surfaces when the intraoral mouthpiece is positioned within a mouth of a user and activated, the lamp comprising:
a top edge and a bottom edge;
a plurality of first electromagnetic radiation emitting elements that emit a violet light when activated; and
a plurality of second electromagnetic radiation emitting elements that emit a red light when activated; and
wherein the plurality of second electromagnetic radiation emitting elements comprises a first row positioned adjacent to the top edge of the lamp to emit the red light onto the user's gums when activated, and wherein each of the plurality of first electromagnetic radiation emitting elements is located between the first row of the plurality of second electromagnetic radiation emitting elements and the bottom edge of the lamp to emit the violet light onto the user's teeth when activated,
wherein the oral treatment device further comprises a bite platform extending from the front surface of the arcuate wall, and the intraoral mouthpiece further comprises an alignment feature located on the bite platform and extending from the front surface of the arcuate wall, the alignment feature having a top surface inclined upwardly with increasing distance beginning from the arcuate wall to a distal end of the bite platform,
wherein the lamp further comprises a color measurement sensor that is configured to obtain a color measurement of a tooth of the user when activated, the color measurement sensor comprising a light emitter configured to emit light onto the tooth and a light receiver configured to receive reflected light that has reflected from the tooth to determine the color measurement of the tooth, and
wherein the alignment feature is configured such that, when the intraoral mouthpiece is positioned within the mouth of the user, the tooth of the user is positioned on top of the alignment feature at a consistent distance from the color measurement sensor so that the color measurement is obtained from an identical location on the tooth each time the color measurement sensor is obtained.
2. The oral treatment device according to claim 1 wherein the plurality of second electromagnetic radiation emitting elements comprises a second row positioned adjacent to the bottom edge of the lamp to emit the red light onto the user's gums when activated, and wherein each of the plurality of first electromagnetic radiation emitting elements is located between the first and second rows of the plurality of second electromagnetic radiation emitting elements to emit the violet light onto the user's teeth when activated.
Claims 5 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 17/986,186, henceforth ‘186 in view of Levine (WO 2021/067345 A1).
Claim 1 of ‘186 recites the alignment feature extends from an inner concave surface of the arcuate wall to a distal edge of the bite platform. However, it is silent to the alignment feature having a distal surface that is flush with the distal edge of the bite platform. Levine teaches a mouthpiece having a bite platform (65) and an alignment feature (67) positioned thereon and the distal surface of the alignment feature being flush with a distal edge of the bite platform (see Figures 1-2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bite platform and the alignment feature to be flush relative to each other, as taught by Levine, because it would enhance comfort since the alignment feature would not protrude beyond the bite plate.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art does not disclose or suggest the alignment feature extending up along an entire length of the bite platform or starting from the arcuate wall to the distal edge of the bite platform such that it is flush with the distal edge.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached to this office action.
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/LINA FARAJ/ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772 2/20/2026