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 .
Claim Objections
Claim 1 is objected to because of the following informalities: On the second to last line of the claim “from a base” is believed to be in error for -from the base-. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claim 2 including the first and second veneers rest on respective adjacent and shaped apart first and second support and the supports extending from the base do not further limit the independent claim from which it depends from. The applicant has claimed in the independent claim “a first support...supports a first veneer”, “a second support…supports a second veneer” and further claims the supports extending from the base (see lines 21-22). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 8 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claim 8, including the floss being passed from a buccal side to a lingual side does not further limit the independent claim. The independent claim includes the step of flossing between the first veneer and the second veneer and the first and second veneer are respectably placed first and second teeth. Such that it is noted that the direction between teeth to pass floss between them would be in the buccal lingual direction and therefore, the limitations of claim 8 do not further limit those of the independent claim. It is noted that Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1, 3, 5, 7, and 9-11 are allowed.
The closet prior art of Fares teaches a method for treating working teeth in a mouth of a patient, the method comprising placing adjacent and spaced apart supports of a dental overlay device and veneers positioned within the spaced apart supports of a-the dental overlay device onto a corresponding plurality of teeth of the patient, such that a first support of the spaced apart supports and a first veneer of the veneers positioned within the first support and a second support of the spaced apart supports and a second veneer of the veneers within the second support of the dental overlay device are mounted onto the plurality of teeth and flossing between the first veneer and the second veneer with the dental overlay device positioned on the plurality of teeth, such that a dental floss extends between the first and second supports and the first and second veneers, wherein the placing further comprises positioning the first support over an occlusal or incisal surface of a first tooth of the plurality of teeth and positioning the second support over an occlusal or incisal surface of a second tooth of the plurality of teeth,, such that a first connecting struct extending between the first support and a base of the dental overlay device and a second connecting strut extending between the second support and the base of the dental overlay device do not extends across a buccal surface of the respective first tooth and the second tooth, and wherein the spaced apart supports extends substantially parallel to the base (see fig. 37 and previous rejection), however, does not specifically teach the spaced apart supports each extending across an entirety of an incisal or occlusal surface of the plurality of teeth and wherein the first and second supports extends from the base of the dental overlay device in a transvers direction orthogonal to mesial-distal directions.
It is noted that a phone call to April Capati was made on 10/1 to attempt to make an examiner’s answer to place the application in condition for allowance.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Ouellette has been cited to teach a veneer being bonded to the tooth with a bonding tray.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772
10/5/2026
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