DETAILED ACTION
Remarks
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
Applicant’s election without traverse of invention I (claims 1-8) in the reply filed on 11/18/25 is acknowledged. Accordingly, claims 9-10 are withdrawn, and claims 1-8 are under examination.
Claim Objections
Claim 6 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). In this case, claim 6 depends on both claim 3 and claim 6. Accordingly, the claim 6 has not been further treated on the merits.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-5 and 7-8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 and 5 recite the limitation "same". This appears to be shorthand to refer back to a previously recited limitation. However, it is unclear what previously recited limitation this refers to. Therefore, the metes and bounds of the claimed invention are not particularly pointed out, rendering claims 1 and 5, and the dependent claims thereof, indefinite.
Claim 4 recites the limitation "the free end" and “the protective wall”. These limitations lack sufficient antecedent basis in the claims.
Claim 8 recites the limitation "the protective wall" and “the free end”. These limitations lack sufficient antecedent basis in the claims.
Claim Rejections – 35 USC 102 (AIA )
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.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2010/0256649 A1 to CAPSAL.
Regarding claim 1, CAPSAL teaches an anatomical model of a maxilla of a living being (par. 0069: three-dimensional solid representation 12 of the bone structure) comprising a gingiva representing the maxilla of said living being (par. 0011: "jawbone" or "jaw bone structure", as they are used in particular in all of these documents, always designate the entire maxilla, including the gum; par. 0043: the bone structure being a maxillary structure), the anatomical model being wherein same comprises at least one guide for a tool integrated into the gingiva to allow an operator to simulate a dentistry gesture (FIG. 7A, 7B, 8; par. 0063: drill guide 34, 38; par. 0089: serving as a guide for the drill 44).
Regarding claim 5, CAPSAL teaches wherein same comprises at least one tooth arranged on the gingiva (FIG. 8; par. 0092: the base 35 also has a small plate 46 bearing on an adjacent tooth of the patient).
Allowable Subject Matter
Claims 2-4 and 6-8 would be allowable if rewritten to overcome the identified claim objections and rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hull whose telephone number is 571-272-0996. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached at telephone number 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES B HULL/Primary Examiner, Art Unit 3715