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 .
Election/Restrictions
Applicant’s election without traverse of Species A, claims 1-6 in the reply filed on June 15, 2025 is acknowledged.
Claims 7-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 15, 2025.
Drawings
The drawings are objected to because in figures 7-8, there are a list of reference numbers listed on the side of the figures that do not identify any elements. It is noted that all the reference numbers need to identify the structure it is referencing in the specification Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 2 of the claim “a first grip part gripping one coil of a coil spring” is believed to be in error for -a first grip part for gripping a first coil of a coil spring-. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: On line 3 of the claim “a second grip part gripping the other coil of the coil spring” is believed to be in error for -a second grip part for gripping a second coil of the coil spring-. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: On line 5 of the claim “the one coil and the other coil” is believed to be in error for -the first coil and the second coil-. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: line 7 of the claim “each of the one coil and the other coil” is believed to be in error for -each of the first coil and the second coil-. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: On lines 6-7 of the claims “a hole formed in the thumb grip part” is believed to be in error for -the hole formed in the thumb grip part-. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: On lines 1-2 of the claim “the gap control rod” is believed to be in error for -the gap adjusting rod-. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: In the claim “The dental coil spring extension device of claim 3” is believed to be in error for -The dental coil spring device of claim 5-. Appropriate correction is required. It is noted that the limitations of claim 6 including the gap control rod, the wide width setting part and the narrow width setting part are all claimed in claim 5.
Claim 6 is objected to because of the following informalities: On lines 1-2 and 4 “the gap control rod” is believed to be in error for-the gap adjusting rod-. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 5, the applicant claims the gap control rod comprises “a spring guide for guiding the coil spring”, however, it is noted the coil spring reference in the independent claim is NOT claimed. Further with respect to claim 1, the applicant has functionally claimed the coil sprig being gripped by the first and second grip part and in claim 4 that the gap adjusting rod is disposed inside the gap adjusting cylinder. Therefore, it is unclear how the gap adjusting rod, which is disposed inside the gap adjusting cylinder, comprises the spring guide for guiding the coil spring. It is noted that for examination purposes, the limitation of “the coil spring” is being interpreted as -a coil spring-, such that it is a different coil spring than the one functionally claimed in the independent claim. However, the applicant should amend the claims to clarify what is being claimed.
Claim 6 is rejected for being interpreted as depending from claim 5 (see claim objection above).
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)(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 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brown (2,885,769).
With respect to claim 1, Brown discloses a dental coil spring extension device (such that the device is capable of expanding a dental coil spring) comprising a first grip part (see annotated figure below) for gripping a first coil of a coil spring (see fig. 5, col. 2, ll. 50-53), a second grip part (see annotated figure below) for gripping a second coil of a coil spring (see fig. 5, col. 2, ll. 50-53) and an extension part separating the first grip part and the second grip part to expand a distance between the first coil and the second coil, wherein each of the first grip part and the second grip part includes a recessed portion formed to surround a periphery of each of the first coil and the second coil of the coil spring (see fig. 5, col. 2, ll. 50-53, col. 3, ll. 10-30). It is noted that the applicant is only claiming the device and does not positively claim the spring. Further with respect to the limitation “dental coil spring extension device”, it is noted that the limitation of the device being a dental device is in the preamble. When reading the preamble in the context of the entire claim, the recitation the device being for a dental coil spring is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. Further it is noted that the device taught by the prior art is capable of being used as a dental coil spring extension device, such as depending on the size of the spring being used, it is capable of expanding a dental spring as claimed. It is noted that orthodontics are carried out on large animals which would require larger springs.
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With respect to claim 2, Brown further discloses wherein a thickness of the recessed portion becomes thinner as a distance from a center of the recessed portion is decreased (such that starting as the point of notch and moving towards the center of the recessed portion, the thickness is reduced). Such that the center of the recessed portion has a thickness (i.e. the thickness side to side) that is less than the thickness at the end of the recessed portion with the end of the notch.
With respect to claim 3, Brown further discloses wherein the extension part comprises a thumb grip part connected to the first grip part, a residual finger grip part connected to the second grip part, and a gap setting part 34/35/56 disposed between the thumb grip part and the residual finger grip part to set a distance between the first grip part and the second grip part (see annotated figure below, col. 3, ll.11-30). It is noted that the bodies identified as the thumb and finger grips are used and griped by the user when in use, therefore, the are thumb and finger grips as claimed. It is noted that the claim does not limit the thumb grip being for only a thumb.
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Allowable Subject Matter
Claims 4-6 would be allowable if rewritten to overcome the rejection(s) 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.
The following is an examiner’s statement of reasons for allowance: The prior art fails to teach the claimed extension device comprising a gap adjusting cylinder having one side fasted to a hole formed in the thumb grip par, a gap adjusting plate disposed in an area in which a portion of an outer peripheral surface of the gap adjusting cylinder is opened and fastened to the hole formed in the thumb grip part, and a gap adjusting rod having a cylindrical shape and disposed inside the gap adjusting cylinder to set the distance between the first grip part and the second grip part in combination with the other claimed limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEIDI MARIE EIDE whose telephone number is (571)270-3081. The examiner can normally be reached Mon-Fri 9:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at 571-270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 3/11/2026