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 .
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, 3-7, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jodaikin et al. (US 2005/0175959 A1).
Regarding claim 1, Jodaikin teaches an intraoral device, comprising:
at least one antiviral and/or antibacterial and/or antifungal ion releasing agent material(s) which, when said device is exposed to the oral cavity and to any gases, liquids and solids passing through the oral cavity, it is capable of inactivating viruses and/or bacteria and/or fungi penetrating into the oral cavity (see at least [0032], [0070], [0121], [0137-0138], [0173], [0243], [0255], [0259], [0281], [0294]; a matrix or matrices is to carry at least one material or agent in order to provide an optimal rate of ion or chemical interaction with the tooth surface and to provide a mobile environment for the appropriate ions and/or other chemicals to reach the tooth surface); and
a support structure (50) configured to engage with one or more dental structures (see Figures 5a-5d),
wherein the support structure is integrally formed from the at least one antiviral and/or antibacterial and/or antifungal ion releasing agent ([0210]-[0211]; the matrix is in the form of a ribbon (50) and [0137-0138], [0294] the matrix comprises the antimicrobial material), and
wherein the support structure comprises distinct sections (for example, the device in Figures 5 has four distinct sections/sides or regions B1 and B2), and wherein said distinct sections of the support structure comprise of either identical or different antiviral and/or antibacterial and/or antifungal ion releasing agents (the ribbon may be made of a single matrix or be multilayered or multilocated similar to Figs. 9b, 9c, 4g [0210-0211] and areas B1, B2 in Figures 9b, 9c, 4g, may be dealt with using the same matrix or a bi or multi layered or bi/multi located system or be made of different matrices as to vary release patterns [0174], [0207]).
Regarding claim 3, Jodaikin teaches the device according to claim 1 (see rejection above), wherein the support structure forms a dental clip (see 50) comprising the at least one antiviral and/or antibacterial agent material(s) that is removable and engages a dental structure ([0210]-[0211] and see Figures 5a-5d).
Regarding claim 4, Jodaikin teaches the device according to claim 3 (see rejection above), wherein the dental clip is configured as a single continuous loop whose peripheral element is configured to completely encircle the dental structure (see Figures 5a-5d).
Regarding claim 5, Jodaikin teaches the device according to claim 4 (see rejection above), wherein the peripheral element is configured to completely encircle a unit of one or more teeth (see Figs. 5a-5d).
Regarding claim 6, Jodaikin teaches the device according to claim 4 (see rejection above), wherein the peripheral element is configured to completely encircle a unit of one or more teeth of a set of dentures or of a dental bridge ([0041-0042]; the device is fully capable of engaging with prosthetic teeth).
Regarding claim 7, Jodaikin teaches the device according to claim 4 (see rejection above), wherein the peripheral element comprises two opposed interproximal elements, two opposed buccolingual elements, and a curved portion continuously extending between corresponding interproximal and buccolingual elements (see annotated Fig. below).
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Regarding claim 13, Jodaikin teaches the device according to claim 1 (see rejection above), wherein the device is adapted to be installed on full or partial dentures or any other pre-existing intraoral device, or on at least one artificial or non-artificial tooth ([0041-0042]; the device is fully capable of engaging with prosthetic teeth).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jodaikin et al. (US 2005/0175959 A1), in view of Kania (US2004/0258738).
Regarding claim 2, Jodaikin teaches the device according to claim 1 (see rejection above), wherein the at least one antiviral and/or antibacterial ion releasing agent materials(s) include comprises one or more of the following materials: solid-state copper (Cu), silver (Ag), copper(I) oxide (Cu2O), copper(II) oxide (CuO), silver nitrate (AgNO3), silver oxide (Ag20), copper(II) chloride (CuCl2), copper(I) chloride (CuCl), Zinc-Oxide, silver nitrate (AgNO3) and silver sulfide (Ag2S) in combinations with natural/synthetic polymers and/or ceramics, or any combination thereof.
Jodaikin teaches the material may include zinc oxide or copper ([0281], [0294]) and may be an ion releasing material configured to interact with the microenvironment of the teeth ([0243]) or charged fluoride ([0252]) and contemplates many materials and material combinations for use depending on the applications, including: desensitizing, cleaning, stabilizing, antimicrobial, etc. Jodaikin teaches the matrix is a polymeric material ([0046]).
Jodaikin does not explicitly disclose zinc oxide or copper being releasing ions. Kania teaches a device (30, 40, 50, 60, 70, 80, 90, 100, etc.) for use within the mouth and around a tooth (see Figures) and the device comprising antimicrobial properties and having a polymeric material comprising a layer of a bactericidal metal like silver (abstract). Kania teaches that other metals that exhibit antibacterial and/or antifungal properties may also be useful for the practice of the present invention, including but not limited to gold, copper, platinum, aluminum, Zinc, titanium, and combinations and alloys thereof ([0050]). Kania teaches the device releases silver ions through a process known as oligodynamic action and that deposits of this type are believed to have a greater effective surface area than conventional silver-plated coatings, and therefore the capability of releasing more silver ions per unit coating weight, in shorter periods of time ([0051-0056]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify material to be an ion-releasing/charged metal or metal alloy such as silver, copper, platinum, titanium, etc., as taught by Kania, because they are known suitable metals with antimicrobial properties. Using a charged/ion-releasing agent increases surface energy and therefore enhances interactions and binding between the agent and the environment due to the release of charged particles.
Response to Arguments
Applicant's arguments with respect to claim 1 have been fully considered but they are not persuasive.
Applicant argues that Jodaikin does not teach the support structure being formed of an ion-releasing agent capable of inactivating viruses and/or bacteria and/or fungi… However, Jodaikin discloses the matrix may include antimicrobial agent and discusses ion and chemical interactions with the tooth in paragraph [0243]. Jodaikin further mentions stannous fluoride being a great antimicrobial agent in [0259] and other possible antimicrobial materials in [0294] and discusses fluoride ion exchange in [0252]. Stannous Fluoride (SnF2) is known in the art to release ions when dissolved in water or saliva and being commonly used in toothpastes. Therefore, Jodaikin teaches ion-releasing agents that are capable of fighting microbes/bacteria as claimed.
Applicant further argues that Jodaikin does not disclose “distinct sections” comprising different agents. Jodaikin discloses that the structure of Figure 5 has “distinct regions” since each side forms its borders and discusses the matrix possibly being multilayered or multilocated (which makes the locations or layers distinct regions) and further discloses regions B1 and B2 possibly being made of the same or different matrices (see [0174], [0207], [0210-0211]). Therefore, Jodaikin teaches regions which may include identical or different agents.
Although Jodaikin does teach distinct regions comprising different agents, please note that the claim recites that the sections may comprise identical or different agents and does not require them to only be different as per the arguments. It is noted that the features upon which applicant relies (i.e., distinct sections comprising different agents (e.g., a copper section and a silver section) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments with respect to claim(s) 2 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. Although Jodaikin does teach an ion-releasing agent as disclosed above and further mentions copper being used as an antimicrobial agent ([0258-0259]) and Zinc Oxide being a possible agent ([0281]), and contemplates many other agents and a variety of applications (i.e., antimicrobial, cleaning, whitening, sterilizing, desensitizing, etc.), new grounds of rejection have been applied to teach use of metal ion releasing agents for antimicrobial properties within the mouth. It should be noted that although Jodaikin mentions zinc oxide and discloses that certain ions like Zn may inhibit remineralization in [0281], zinc oxide and Zn are not the same and have different properties, and therefore there is no teaching away or destruction of Jodaikin using ion-releasing metals.
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
3/6/2026