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 .
Information Disclosure Statement
The information disclosure statement filed 08/12/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dufour (US 4,457,708)
Regarding claims 1,2,4 and 5: Dufour discloses a removable therapeutic dental orthotic (20) comprising: a one-piece body (Figs 1-9) adapted and configured to be worn over a user's lower dentition (Fig. 9) the body comprising lefthand and righthand occlusally protruding fulcrum regions (21) each fulcrum region being so positioned relative to the user's lower dentition and is capable of initially contacting the user's upper dentition only on the user's corresponding left and right first molar of the upper dentition (column 1 line 67) when the user's upper dentition includes such left or right first molar, when the orthotic is so worn during the user's jaw closure movement (column 2, lines 40-56);the orthotic is capable of permitting the user's lower dentition to pivot sagittally relative to the user's upper dentition, while the fulcrum regions remain in contact with the upper dentition, about the respective locations of such contact.
Dufour further discloses wherein the body further comprises lefthand and righthand pivotal clearance regions (Figs. 4,11,25) disposed mesially and distally of the corresponding fulcrum regions (Figs. 2,9), the pivotal clearance regions is capable of being separated from the user's upper dentition by a pivotal clearance when the user's first dentition is at the position of said initial contact by the orthotic on the user's upper dentition (Figs. 11 and 25). Kittelsen teaches the structure as claimed and is capable of performing the intended use as claimed.
Regarding Claim 3: Dufour discloses a method of using a removable therapeutic dental orthotic comprising a one-piece body (20) and lefthand and righthand occlusally protruding fulcrum regions (21), the method comprising: a user wearing the orthotic body over a lower dentition of the user (Fig. 9); the user's jaw moving along an arc of closure from an open position to an initial contact position, the upper dentition in the open position being out of contact with the orthotic and the lower dentition (column 1, lines 62-64; column 2, lines 53-56), the upper dentition in the initial contact position contacting the fulcrum regions and contacting no other part of the orthotic body or the first dentition (the space provided by the orthotic device ensures that user’s upper and lower teeth do not contact but instead rests on the ortho device); the user's jaw moving so as to pivot the first dentition sagittally relative to the upper dentition from the initial contact position to a sagittally pivoted position while the fulcrum regions remain in contact with the upper dentition (jaw can move and is guided by the appliance to help correct jaw alignment and relative symptoms).
Claim(s) 1,2,4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bons (US 2016/0120619)
Bons discloses a removable therapeutic dental orthotic (10) comprising: a one-piece body (Figs. 1 and 2 – one piece formed by multiple layers) adapted and configured to be worn over a user's lower dentition [0021]; the body comprising lefthand and righthand occlusally protruding fulcrum regions(40, Fig. 1), each fulcrum region being so positioned relative to the user's lower dentition and is capable of initially contacting the user's upper dentition only on the user's corresponding left or right first molar of the upper dentition (Fig. 3 and 5) [0040], when the user's upper dentition includes such left or right first molar, when the orthotic is so worn during the user's jaw closure movement [0041,0042]; the orthotic is capable of permitting the user's first dentition to pivot sagittally relative to the user's upper dentition, while the fulcrum regions remain in contact with the upper dentition, about the respective locations of such contact.
Bons further discloses wherein the body further comprises lefthand and righthand pivotal clearance regions (Figs. 1 and 2) disposed mesially and distally of the corresponding fulcrum regions (Figs. 1 and 2), the pivotal clearance regions is capable of being separated from the user's upper dentition by a pivotal clearance when the user's first dentition is at the position of said initial contact by the orthotic on the user's upper dentition. Bons teaches the structure as claimed and is capable of performing the intended use as claimed.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kittelsen (US 6,471,758).
Regarding Claims 1,2,4 and 5: Kittelsen discloses a removable therapeutic dental orthotic (70) comprising: a one-piece body (column 1, line 10) adapted and configured to be worn over a user's lower dentition (Fig. 11 and 25) the body comprising lefthand and righthand occlusally protruding fulcrum regions (72, Fig. 4), each fulcrum region being so positioned relative to the user's lower dentition and is capable of initially contacting the user's upper dentition only on the user's corresponding left or right first molar of the upper dentition (Figs. 11 and 25) when the user's upper dentition includes such left or right first molar, when the orthotic is so worn during the user's jaw closure movement (Figs. 11 and 25);the orthotic is capable of permitting the user's first dentition to pivot sagittally relative to the user's upper dentition, while the fulcrum regions remain in contact with the upper dentition, about the respective locations of such contact.
Kittelsen further discloses wherein the body further comprises lefthand and righthand pivotal clearance regions (Figs. 4,11,25) disposed mesially and distally of the corresponding fulcrum regions (Fig. 4), the pivotal clearance regions is capable of being separated from the user's upper dentition by a pivotal clearance when the user's first dentition is at the position of said initial contact by the orthotic on the user's upper dentition (Figs. 11 and 25). Kittelsen teaches the structure as claimed and is capable of performing the intended use as claimed.
Regarding Claim 3: Kittelsen discloses a method of using a removable therapeutic dental orthotic comprising a one-piece body (column 1, line 10) and lefthand and righthand occlusally protruding fulcrum regions (72, Fig. 4), the method comprising: a user wearing the orthotic body over a lower dentition of the user (Figs. 11, 25); the user's jaw moving along an arc of closure from an open position to an initial contact position, the upper dentition in the open position being out of contact with the orthotic and the lower dentition (Figs. 11, 25), the upper dentition in the initial contact position contacting the fulcrum regions and contacting no other part of the orthotic body or the first dentition (Figs. 11, 25); the user's jaw moving so as to pivot the first dentition sagittally relative to the upper dentition from the initial contact position to a sagittally pivoted position while the fulcrum regions remain in contact with the upper dentition (column 6, lines 20-28 – the ortho appliance can be adjusted while affixed thus allowing for sagittal movement).
Response to Arguments
Applicant's arguments filed 08/12/2025 have been fully considered but they are not persuasive. Applicant argues that the both Bons and Kittelsen contacts multiple teeth and not the just the molars. However, the applicant did not provide any specifications or dimension of the device but rather functionally claimed the intended use/fit. It is the examiner’s position that the devices are capable of being placed on individuals with bigger size dentition so that it can only fit on the molars of that individual dentition. The examiner encourages providing more structural limitation to get around the prior art of record.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIL K SINGH whose telephone number is (571)272-3460. The examiner can normally be reached M-F 9:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Lefkowitz can be reached at 571-272-2180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722