Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 46-48, 50-55, and 57 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 46, the claimed limitation “wherein the dental instrument is moveable within the housing, such that movement of the overlay device and movement of the dental instrument whin the overlay device is limited with respect to the tooth contacting surface” is unclear. As it is unclear how the overlay device and move within the overlay device. It is noted that for examination purposes, the claim limitation is being interpreted as -movement of the housing and movement of the dental instrument- within the overlay device, however, the applicant should amend the claim to clarity what is being claimed.
Allowable Subject Matter
Claims 46-48, 50-55, and 57 would be allowable if rewritten or amended 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.
The following is an examiner’s statement of reasons for allowance: The prior art fails to teach the claimed system of dental device comprising a housing including a main body and a connecting portion extending from the main body, a plate extending from the connecting portion of the housing, an overlay device comprising a tooth contacting surface and a cutting guide having a first slot defined by a first wall, a second slot located between the first wall and a second wall of the cutting guide, and an end wall extending between the first wall and the second wall, wherein ethe second slot extends through the end wall and is confined to receive the plate, wherein the connecting portion of the housing is configured to slide within the first slot of the cutting guide 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.”
It is noted that several phone calls were made to April Capati to make an examiner’s amendment to place the application in condition for allowance, however, an agreement was not reached.
It is noted that the withdrawn claims should be cancelled in order to place the application in condition for allowance. While claim 35 is a method requiring the apparatus of claim 46, the limitations are directed towards a different embodiment and therefore present 112 issues if brought back in.
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.
See above regarding outstanding issues and reasons for allowance.
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 2/6/2026