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 .
Drawings
The drawings were received on August 4, 2025. These drawings are accepted and entered.
Specification
The amendments to the specification received on August 4, 2025 are accepted and entered.
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) 1-3, 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Falcone et al. (2014/0212828) in view of Hanson (5,906,486).
Falcone teaches an orthodontic device with adjustable tightness (see par. 116, figs. 27A-27G) configured to fix to a tooth and provide for an archwire to pass therethrough (see fig. 27c), the orthodontic device comprising an orthodontic base (the bracket) comprising a fixing plate configured to be fixed on a tooth (see annotated figure, par. 36, 117, such that the plate is affixed to the tooth with an adhesive) and a protrusion disposed on the fixing plate, the protrusion comprising a groove 620i recessed along a first direction and a tail end 618i (see annotated figure below), wherein a side surface of the groove opposite form the tail end is formed with a plurality of clamping slots 666i/664i arranged at intervals along the first direction (see figs. 27A-27G), wherein vertical distances between each of the plurality of clamping slots and a bottom surface of the groove are different (see fig. 27F, annotated figure below), and wherein the groove is configured to provide for the archwire 622i to pass therethrough and disposed therein (see figs. 27C, 27D-27E, pars. 116-117, 120), and a buckling plate (see fig. 27G, such that the buckling plate is the element in fig. 27G), detachably arranged on the protrusion (see figs. 27A-27G, such that the clip is detachable from the protrusion) flexibly bypassing the tail end and the groove of the protrusion (see figs. 27A-27G, such that it flexes from when it is held in groove 1042 to one for the closed positions, where it also flex, which is past the groove), the buckling plate comprising an operation section at one end and a pressing section connected to the operation section (see annotated figure), wherein an end of the operation section is curved and inserted into one of the plurality of clamping slots (see figs. 27A-27F, annotated figure below), wherein the pressing section is located above the groove (see annotated figure below, figs. 27A-27F), and wherein vertical distances between each of the pressing section and the bottom surface of the groove are varied depending on which clamping slot of the operation section is inserted into (see figs. 27D-27E, annotated figures below). Falcone teaches the invention as substantially claimed and discussed above, however, does not specifically teach each clamping slot is recessed obliquely and downwardly from the side surface toward a second direction opposite to the tail end of the protrusion.
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Hanson teaches an orthodontic device comprising an orthodontic base comprising a fixing plate 44 configured to fix on a tooth and a protrusion 10 disposed on the fixing plate, the protrusion comprising a groove (formed by surfaces 26/28/30) recessed along a first direction and a tail end 22, wherein a side surface of the groove opposite from the tail end is formed with a clamping slot 24, the clamping slot is recessed obliquely and downwardly from the side surface toward a second direction opposite to the tail end of the protrusion (see figs. 3, 5-6), a buckling plate 34 detachably arranged on the protrusion and flexibly bypassing the tail end and the groove of the protrusion (see figs. 3, 5-7, col. 7, ll. 14-23), the buckling plate comprising an operation section 48 at one end and a pressing section 36 connected to the operation section, wherein an end of the operation section is curved (see figs. 3, 5-8) and inserted into the clamping slot (see fig. 3), wherein the pressing section is located above the groove (see figs. 3, 5-7). It would have been obvious to one having ordinary skill in the art to modify the clamping slots of Falcone to both be recessed obliquely and downwardly as taught by Hanson in in order to provide a surface to assist in keeping the buckling plate in a closed position and preventing it from slipping out (see col. 8, ll. 64-67, col. 9, ll. 1-6).
With respect to claim 2, Falcone/Hanson teaches the invention as substantially claimed and discussed above including Falcone further teaching the protrusion of the orthodontic base further comprising a fixing through hole located below the groove (see annotated figure, such that the fixing hole is occupied with the straight section of the buckling plate), wherein the buckling plate further comprises a curved section connected to the pressing section and a straight section connected to the curved section, wherein the straight section is inserted into the fixing hole of the protrusion and wherein the curved section extends from the straight section and bypasses the tail end of the protrusion (see figs. 27A, 27C-27E, annaoted figures below).
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With respect to claim 3, Falcone/Hanson teaches the invention as substantially claimed and discussed above including Falcone further teaching, wherein the fixing hole penetrates through the protrusion, and the straight section passes through the fixing hole and protrudes from the protrusion (see fig. 27C-27E).
With respect to claim 6, Falcone/Hanson teaches the invention as substantially claimed and discussed above including Falcone further teaching wherein the groove is recessed downward form a top surface of the protrusion and the groove includes an opening configured to provide the archwire to be inserted therein (see figs. 27B, 27F, such that it is open to allow for insertion of an archwire and recessed from a top surface of the protrusion).
With respect to claim 9, Falcone/Hanson teaches the invention as substantially claimed and discussed above including Falcone further teaching wherein a number of the plurality of clamping slots is at least three (see par. 118, such that the number of channels can be increased and 2 are shown and therefore it they are increased there would be at least 3).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Falcone et al. (2014/0212828) in view of Hanson (5,906,486) as applied to claim 1 above, and further in view of Foerster (2012/0129120).
Falcone/Hanson teaches the invention as substantially claimed and discussed above, however, does not specifically teach the curved section abuts a limiting groove of the tail end of the protrusion.
Foerster teaches an orthodontic device comprising an orthodontic base, comprising a fixing plate 1 configured to fix on the tooth and a protrusion 4 disposed on the fixing plate, the protrusion comprising a groove 7 recessed along a first direction and a tail end 9, wherein a side surface of the groove opposite from the tail end is formed with a clamping slot 24, a buckling plate 25, detachably arranged on the protrusion and flexibly bypassing the tail end and the groove of the protrusion (pars.48, 50), the buckling plate comprising an operation section 27 at one end and a pressing section 27 connected to the operation section, wherein an end of the operation section is curved and inserted in to the clamping slot (see figs. 3-5), wherein the pressing section is located above the groove (see figs. 3-4), the buckling plate further comprises a curved section 28 connected to the pressing section and a straight section 27 connected to the curved section and further with respect to claim 4, wherein the curved section abut a limiting groove of the tail end of the protrusion (see fig. 3, such that surface 6a is the limiting groove, such that it is a groove between the tie wings, par. 50). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the orthodontic device taught by Falcone/Hanson to include a limiting groove for the curved section as taught by Foerster in order to provide a connection that prevents food getting stuck. Such that by providing the abutting surfaces, the space between the surface is eliminated which would eliminate space for food to get stuck.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 8/15/2025