Status under America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Acknowledgement of Election in Response to Restriction Requirement
Applicant’s reply of September 23, 2025 electing Species I- Figures 1A, 1B, 1C, 2A, 2B, 2C without traverse is acknowledged. Applicant has cancelled the claims directed to non-elected embodiments.
Rejections based on Prior Art
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.
Claims 1-3, 5, 7, 8, 12, 57-60 and 62 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vigolo (US 7,306,4570).
With regard to claim 1, note Figures 1-5 where Vigolo discloses an orthodontic bracket 1 having a bonding surface 8 configured for attachment to a patient’s tooth and an opposite facial surface (surface of element(s) 13) having an insertion opening 21. The Vigolo bracket further includes a compound archwire slot having an insertion portion extending from insertion opening and a retention portion 9 that is angled relative to the insertion portion (note angle β in Figure 5).
In regard to claims 3 and 57, Vigolo discloses that the angle β is preferably between 5° and 50° (column 5, lines 28-31). In regard to claims 5, 58 and 59, Vigolo illustrates in Figure 1 the orthodontic bracket being mounted such that the retention slot 9 (axis X) extends in a mesial/distal direction. In regard to claim 7, the portions 11 in Vigolo partially enclose the retention portion 9. In regard to claim 8, Vigolo discloses an embodiment in Figure 9, where the retention slot 9 is deeper than the insertion portion 9’.
Claims 1, 2, 5, 7, 8, 12, and 58-62 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clor (US 7,387,512).
With regard to claim 1, note Figures 1-5 where Clor discloses an orthodontic bracket 1 having a bonding surface configured for attachment to a patient’s tooth and an opposite facial surface (top surface) having an insertion opening 4. The Clor bracket further includes a compound archwire slot having an insertion portion extending from insertion opening and a retention portion that is angled relative to the insertion portion (the insertion portion is further defined by elements 9). In regard to claim 7, the elements 9 partially enclose the retention portion. In regard to claim 61, note the tie wings illustrated in Figure 1.
Information Disclosure Statement
Applicant’s information disclosures statement of January 26, 2023 has been considered. The foreign and non-patent literature references have not been considered because copies have not been provided and the references are not readily available to the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ralph Lewis whose telephone number is (571)272-4712. The examiner can normally be reached Monday-Friday from 9AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 272-4964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
/RALPH A LEWIS/Primary Examiner, Art Unit 3772 (571) 272-4712