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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicants’ submission filed on 6/15/2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second surface having a sliding ramped contacts on anterior teeth combined with the variable surfaced second surface of claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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.
Claim 4-23 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.
Claim 4 recites “shell appliance comprising: a plurality of tooth-receiving cavities shaped to fit teeth of a first arch of a patient’s dentition; and an occlusal repositioning splint comprising: a first surface extending the plurality of tooth-receiving cavities of the shell appliance”, it is unclear if the shell appliance includes the occlusal repositioning splint or operates with it, if the occlusal repositioning splint is a part of the shell appliance it is unclear how a first surface extends across the plurality of tooth receiving cavities of the shell, does the first surface define the plurality of tooth receiving cavities. For the purpose of examination, the specification discloses in par 72 “occlusal repositioning splint 630 can form at least a portion of an appliance, said appliance comprising shell with a plurality of teeth receiving surfaces 620 shaped to receive a plurality of teeth 610 of a first arch” as such the limitation is interpreted as the occlusal repositioning splint is a part of an appliance which further includes a shell.
Claim 4 recites “a second surface opposite the first surface and having a varying surface height, the varying surface height extending across an occlusal plane defined by the teeth of the first arch toward the second arch, and wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface of one or more teeth of the second arch at the selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch at the selected point, thereby filling an occlusal space between the first and second arches while the occlusal repositioning splint is worn by the patient”, the height variation is defined by the points along the dental arch of a patient which would vary between the patients, as such it is unclear what the varying height is and the claim is indefinite. For the purpose of examination, the limitation is interpreted as the varying height being configured to fill the space between the first and second arches.
Claim 4 recites “wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface at a selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch at the selected point”, it is unclear if the selected points of the first surface are the same as the one or more points of the varying height. For the purpose of examination, the limitation is interpreted as the varying surface height of the second surface enables a filling between the occlusal space of the first and second arch line.
Claim 4, line 14 recites “a second arch” it is unclear if this is the same second arch as set forth earlier in the claim. For the purpose of examination, the limitation is interpreted as the same second arch as recited earlier in the claim.
Claim 4, line 14-15 recites “thereby forming an adjusted occlusal surface to a second arch of the patient’s dentition when the shell appliance is worn”, it is unclear if the adjusted occlusal surface is the same as the second surface with a variance in height or an additional surface. For the purpose of examination, the second surface includes a variance in the surface height.
Claim 4, line 16 recites “an occlusal surface along the second arch of the patient”, it is unclear if this is the same occlusal surface as recited in line 12. For the purpose of examination, the limitation is interpreted as the same occlusal surface of the second arch.
Claims 5-15 are rejected based on claim dependency on claim 4.
Claim 7 recites the limitation "the gap". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “the adjusted occlusal surface is shaped to occlude with a shell appliance worn on the teeth of the second arch of the patient’s dentition”, it is unclear if the shell appliance worn on the teeth is a part of the shell appliance of the previous claim or an additional shell appliance. For the purpose of examination, the limitation is interpreted as the adjusted occlusal surface is configured to occlude with another shell worn on the teeth of second arch of the patient’s dentition.
Claim 11 recites “the second surface is shaped to fit a disocclusion between a subset”, however the previous claim discloses the second surface having a varying height “thereby forming an adjusted occlusal surface to a second arch of the patient’s dentition”, it is unclear if the second surface in claim 11 is the same as the adjusted occlusal surface or an additional second surface or portion of the second surface.
Claim 12 recites “the second surface comprises one or more sliding ramped contacts” however the previous claim discloses the second surface having a varying height “thereby forming an adjusted occlusal surface to a second arch of the patient’s dentition”, it is unclear if the second surface in claim 12 is the same as the adjusted occlusal surface or an additional second surface or portion of the second surface.
Claim 12 recites “provide anterior guidance during lateral excursions and anterior protrusions of the jaw”, the previous claims disclose an upper and lower jaw and therefore it is unclear which is experience a lateral excursion and anterior protrusion.
Claim 16 recites “a lingual repositioning splint extending away from the shell appliance”, however, the claim requires that the lingual repositioning splint is a part of the shell appliance, so it is unclear how the splint can extend away from it, when it is a part of the shell appliance. For the purpose of examination, the limitation is interpreted as the lingual repositioning splint extending away from the plurality of tooth receiving cavities.
Claims 17-20 are rejected based on claim dependency on claim 16.
Claim 21 recites “shell appliance comprising: a plurality of tooth-receiving cavities shaped to fit teeth of a first arch of a patient’s dentition; and an occlusal repositioning splint comprising: a first surface extending the plurality of tooth-receiving cavities of the shell appliance”, it is unclear if the shell appliance includes the occlusal repositioning splint or operates with it, if the occlusal repositioning splint is a part of the shell appliance it is unclear how a first surface extends across the plurality of tooth receiving cavities of the shell, does the first surface define the plurality of tooth receiving cavities. For the purpose of examination, the specification discloses in par 72 “occlusal repositioning splint 630 can form at least a portion of an appliance, said appliance comprising shell with a plurality of teeth receiving surfaces 620 shaped to receive a plurality of teeth 610 of a first arch” as such the limitation is interpreted as the occlusal repositioning splint is a part of an appliance which further includes a shell.
Claim 21 recites “a second surface opposite the first surface and having a varying surface height, the varying surface height extending across an occlusal plane defined by the teeth of the first arch toward the second arch, and wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface of one or more teeth of the second arch at the selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch at the selected point, thereby filling an occlusal space between the first and second arches while the occlusal repositioning splint is worn by the patient”, the height variation is defined by the points along the dental arch of a patient which would vary between the patients, as such it is unclear what the varying height is and the claim is indefinite. For the purpose of examination, the limitation is interpreted as the varying height being configured to fill the space between the first and second arches.
Claim 21 recites “wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface at a selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch at the selected point”, it is unclear if the selected points of the first surface are the same as the one or more points of the varying height. For the purpose of examination, the limitation is interpreted as the varying surface height of the second surface enables a filling between the occlusal space of the first and second arch line.
Claims 22-23 are rejected based on claim dependency on claim 21.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 10-11 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over GUO et al (WO 2018/153219) in view of Wu et al (US 2015/0238280).
Regarding claim 4, GUO discloses a shell appliance (shell-shaped dental instrument 500) comprising:
a plurality of tooth-receiving cavities (cavity 501) shaped to fit teeth of a first arch of a patient’s dentition (par 75 discloses the cavity 501 having the geometry of the first tooth row 301); and
an occlusal repositioning splint (occlusal pad 503) comprising:
a first surface extending over the plurality of tooth-receiving cavities of the shell appliance (annotated figure 6), and
a second surface (surface 505) opposite the first surface (see annotated figure 6) and having a varying surface height (see figure 6), the varying surface height extending across an occlusal plane defined by the teeth of the first arch toward the second arch, and wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface at a selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch of the patient’s dentition at the selected point, thereby filling an occlusal space between the first and second arches while the occlusal repositioning splint is worn by the patient (par 75 discloses the surface 505 matching the concavity and convexity of the corresponding part of the opposing teeth, creating selected points along occlusal surface of the opposing teeth, see figure 6), thereby forming an adjusted occlusal surface to a second arch of the patient's dentition when the shell appliance is worn (see figure 6, where the adjusted occlusal surface is the surface 505 shaped to the second dentition 303),
wherein the adjusted occlusal surface is shaped to contact an occlusal surface along the second arch of the patient (see figure 6) and
wherein the adjusted occlusal surface is shaped to alter the natural occlusion of the first and second arches, thereby urging the patient's bite from a natural bite configuration towards a target bite configuration (par 76 discloses the occlusal pad opening the first and second detention to a specific degree, that does not interfere with the adjustment of the teeth).
GUO fails to disclose the adjusted occlusal surface being shaped to guide the teeth of the second arch to a target position in relation to the second surface of the occlusal repositioning splint.
WU teaches the adjusted occlusal surface of an occlusal repositioning splint (repositioning splint 803) shaped to guide the teeth of the second arch to a target position in relation to the second surface of the occlusal repositioning splint (par 265 discloses an occlusal surface which is shaped to reposition the jaw of the patient by guiding the jaw into a final forward or backward position) for the purpose of guiding the jaw into the desired forward or backward position (par 61).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date to modify GUO to have the adjusted occlusal surface being shaped to guide the teeth of the second arch to a target position in relation to the second surface of the occlusal repositioning splint as taught by WU for the purpose of guiding the jaw into the desired forward or backward position.
Regarding claim 10, GUO discloses the occlusal repositioning splint is integrally attached to the shell appliance (see figure 5).
Regarding claim 11, GUO discloses the second surface is shaped to fit a disocclusion between a subset of posterior teeth of the first arch and second arch, in a resting jaw position (see figure 6 and par 76 discloses the shape of the surface 505 being able to rest against the opposing occlusion, making it more comfortable to wear).
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Annotated figure 6
Regarding claim 21, GUO discloses a shell appliance (shell-shaped dental instrument 500) comprising:
a plurality of tooth-receiving cavities (cavity 501) shaped to fit teeth of a first arch of a patient’s dentition (par 75 discloses the cavity 501 having the geometry of the first tooth row 301); and
an occlusal repositioning splint (occlusal pad 503) comprising:
a first surface extending over a plurality of tooth receiving cavities of the shell appliance (annotated figure 6), a second surface (surface 505) opposite the first surface (see annotated figure 6) and having a varying surface height (see figure 6), the varying surface height extending across an occlusal plane defined by the teeth of the first arch toward the second arch, and wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface at a selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch of the patient’s dentition at the selected point, thereby filling an occlusal space between the first and second arches while the occlusal repositioning splint is worn by the patient (par 75 discloses the surface 505 matching the concavity and convexity of the corresponding part of the opposing teeth, creating selected points along occlusal surface of the opposing teeth, see figure 6), wherein the second surface is shaped to contact an occlusal surface of the second arch of the patient’s dentition when the shell appliance is worn thereby presenting the second surface as adjusted occlusal surface to the second arch of the patient’s dentition (see figure 6),
wherein the adjusted occlusal surface is shaped to alter the natural occlusion of the first and second arches of the patient’s dentition, thereby urging the patient’s bite from a natural bite configuration towards a target bite configuration (par 76 discloses the occlusal pad opening the first and second detention to a specific degree, that does not interfere with the adjustment of the teeth).
GUO fails to disclose wherein the adjusted occlusal surface is shaped to guide the teeth of the second arch to a target position when the shell appliance is worn.
WU teaches the adjusted occlusal surface of an occlusal repositioning splint (repositioning splint 803) is shaped to guide the teeth of the second arch to a target position when the shell appliance is worn (par 265 discloses an occlusal surface which is shaped to reposition the jaw of the patient by guiding the jaw into a final forward or backward position) for the purpose of guiding the jaw into the desired forward or backward position (par 61).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date to modify GUO to have the adjusted occlusal surface is shaped to guide the teeth of the second arch to a target position when the shell appliance is worn as taught by WU for the purpose of guiding the jaw into the desired forward or backward position.
Regarding claim 22, GUO discloses the appliance is for the treatment of an overbite (the limitation is interpreted as intended use of the claimed invention, as GUO discloses the claimed structure as set forth in claim 21 it is considered capable of performing the intended use this is further supported by the disclosure of par 76 discloses positioning the teeth at a desired orientation or degree of open).
Regarding claim 23, GUO discloses the appliance is for the prevention of an underbite (the limitation is interpreted as intended use of the claimed invention, as GUO discloses the claimed structure as set forth in claim 21 it is considered capable of performing the intended use this is further supported by the disclosure of par 76 discloses positioning the teeth at a desired orientation or degree of open).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over GUO et al in view of WU et al as applied to claim 4 above, and further in view of Andrews et al (US 2011/0005527).
Regarding claim 12, GUO/Wu fails to disclose the second surface comprises one or more sliding ramped contacts on anterior teeth of the patient, the sliding ramped contacts shaped to provide anterior guidance during lateral excursions and anterior protrusions of the jaw.
Andrews teaches an occlusal repositioning splint (protuberance 10/12) with a surface comprising one or more sliding ramped contacts on anterior teeth of the patient (where the cam surface 14 is a sliding ramp contact which is located anterior to the teeth which have the protrusion 10 below) the sliding ramped contacts shaped to provide anterior guidance during lateral excursions and anterior protrusions of the jaw (see figure 2a-d, where the shape of the cam surfaces/protuberance provides the desired incremental advancement of the anterior teeth protrusion in the lower jaw) for the purpose of engaging with the upper and lower jaw and posture the patient’s mandible forward with respect to the maxilla (par 59).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify GUO to have the second surface comprises one or more sliding ramped contacts on anterior teeth of the patient, the sliding ramped contacts shaped to provide anterior guidance during lateral excursions and anterior protrusions of the jaw as taught by Guo for the purpose of providing an engagement between the upper and lower jaw which postures the upper and lower jaw into a desired position.
Claims 4-11 are rejected under 35 U.S.C. 103 as being unpatentable over CHHATWANI (WO 2017/182122) in view of Wu et al
Regarding claim 4, CHHATWANI discloses a shell appliance (figure 1) comprising:
a plurality of tooth-receiving cavities (recess 2 formed in splints 1a/b) shaped to fit teeth of a first arch of a patient’s dentition (par 47 discloses the splints 1a/b being made for the crowns of the teeth); and
an occlusal repositioning splint (wedge shaped section 3) comprising:
a first surface extending over the plurality of tooth-receiving cavities of the shell appliance (side of 3 facing upper teeth splint), and
a second surface (side of 3 facing the lower teeth splint) opposite the first surface (see figure 1) and having a varying surface height, the varying surface height extending across an occlusal plane defined by the teeth of the first arch toward the second arch, and
wherein the varying surface height at one or more points along the dental arch of the occlusal repositioning splint is equal to or approximately equal to the distance between the first surface at a selected point of the one or more points and the corresponding engagement occlusal surface of one or more teeth of the second arch at the selected point, thereby filling an occlusal space between the first and second arches while the occlusal repositioning splint is worn by the patient (par 9 discloses the occlusal area differing in thickness along the length of the dental arch by design, par 21 discloses an occlusal section that has a continuously varying occlusal area and par 48 discloses the splint having a thickness with a different profile across the dental arch, and that the section 3 changes from the thicker anterior region to the thinner posterior region, thus filling the occlusal space between the arch and having the varied height between points on the dental arch), thereby forming an adjusted occlusal surface to a second arch of the patient's dentition when the shell appliance is worn (see figure 1, where the adjusted occlusal surface is considered the second surface with variable height that contacts the second arch/splint),
wherein the adjusted occlusal surface is shaped to contact an occlusal surface along the second arch of the patient (par 12 discloses the occlusal pad protruding to open the first dentition and the opposing dentition sufficiently to relieve the obstruction of the adjustment of the anterior teeth of the opposing dentition to the anterior teeth of the first dentition), and
wherein the adjusted occlusal surface is shaped to alter the natural occlusion of the first and second arches, thereby urging the patient's bite from a natural bite configuration towards a target bite configuration (par 12 discloses the occlusal pad protruding the first dentition and being shaped to relieve the obstruction of the adjustment of the anterior teeth of the opposing dentition to the anterior teeth of the first dentition, the open position with no obstruction to the anterior teeth is interpreted as the target bit configuration).
CHHATWANI fails to disclose the adjusted occlusal surface being shaped to guide the teeth of the second arch to a target position in relation to the second surface of the occlusal repositioning splint.
WU teaches the adjusted occlusal surface of an occlusal repositioning splint (repositioning splint 803) shaped to guide the teeth of the second arch to a target position in relation to the second surface of the occlusal repositioning splint (par 265 discloses an occlusal surface which is shaped to reposition the jaw of the patient by guiding the jaw into a final forward or backward position) for the purpose of guiding the jaw into the desired forward or backward position (par 61).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date to modify CHHATWANI to have the adjusted occlusal surface being shaped to guide the teeth of the second arch to a target position in relation to the second surface of the occlusal repositioning splint as taught by WU for the purpose of guiding the jaw into the desired forward or backward position.
Regarding claim 5, CHHATWANI discloses the shell appliance is for the prevention of temporomandibular joint dysfunction (TMD) (the limitation is interpreted as intended use of the claimed invention, as CHHATWANI discloses the claimed structure as set forth in claim 4 it is considered capable of performing the intended use this is further supported by the disclosure of paragraph 9 which discloses relieving the temporomandibular joint).
Regarding claim 6, CHHATWANI discloses the shell appliance is for the prevention of temporomandibular joint dysfunction (TMD) (the limitation is interpreted as intended use of the claimed invention, as CHHATWANI discloses the claimed structure as set forth in claim 4 it is considered capable of performing the intended use this is further supported by the disclosure of paragraph 9 which discloses relieving the temporomandibular joint).
Regarding claim 7, CHHATWANI discloses the shell appliance further comprises a tooth engagement structure (recess 2 of the splint 1b which disclosed as designed for the teeth of the lower jaw) to apply a tooth moving force to the teeth of the second arch when the shell appliance is worn (par 17 discloses the splint being used for the treatment of malocclusion/misalignment), thereby urging one or more teeth of the patient to fill the gap between occlusal surfaces (where the gap is interpreted as the correction of the malocclusion, as recited in par 17).
Regarding claim 8, CHHATWANI discloses the adjusted occlusal surface is shaped to occlude with a shell appliance worn on the teeth of the second arch of the patient’s dentition (see figure 1 and par 24 discloses different splints being for both upper and lower jaw).
Regarding claim 9, CHHATWANI discloses the occlusal repositioning splint (section 3) is removably attached to the shell (par 12 discloses the section can be designed separate and can be detachable from the rail/shell).
Regarding claim 10, CHHATWANI discloses the occlusal repositioning splint (section 3) is integrally attached to the shell appliance (par 12 discloses the section can be a single piece formed with the rail/shell).
Regarding claim 11, CHHATWANI discloses the second surface is shaped to fit a disocclusion between a subset of posterior teeth of the first arch and second arch, in a resting jaw position (see figure 1 and par 48 discloses the change in height between the first and second arch and the section being shaped to fit between the two arches).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over CHHATWANI in view of WU et al as applied to claim 4 above, and further in view of Gardner (US 2018/0078342).
Regarding claims 14-15, CHHARWANI/WU discloses at least one appliance according to claim 4 above, but fails to disclose a plurality of appliances for the treatment or prevention of temporomandibular joint dysfunction (TMD), wherein the plurality of appliances is configured to move the patient's dentition from the natural bite configuration to a final bite configuration through a sequence on incremental steps when the plurality of appliances is worn in succession and at least one appliance of the plurality of appliances comprises a tooth engagement structure to apply a tooth moving force when the appliance is worn, thereby urging one or more teeth of the patient to fill the gap between occlusal surfaces.
However, Gardner teaches plurality of appliances for the treatment or prevention of temporomandibular joint dysfunction (TMD (par 10 discloses a set of dental appliances being used for teeth alignment and treatment of temporomandibular dysfunction) wherein the plurality of appliances is configured to move the patient's dentition from the natural bite configuration to a final bite configuration through a sequence on incremental steps when the plurality of appliances is worn in succession (par 32 discloses the design of the polymeric shells in an order to shift teeth to a desired position) and at least one appliance of the plurality of appliances comprises a tooth engagement structure to apply a tooth moving force when the appliance is worn (which is interpreted as the shape of the shell, according to par 32-33 which is designed to apply repositioning force to the teeth which are targeted for movement by design), thereby urging one or more teeth of the patient to fill the gap between occlusal surfaces (see par 32-33 which discloses the design of the shells being to apply incremental repositioning force for targeted teeth, which can include occlusal surface) for the purpose of treating TMD and aligning teeth concurrently (par 31).
Therefore it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify CHHATWANI/WU to plurality of appliances for the treatment or prevention of temporomandibular joint dysfunction (TMD), wherein the plurality of appliances is configured to move the patient's dentition from the natural bite configuration to a final bite configuration through a sequence on incremental steps when the plurality of appliances is worn in succession and at least one appliance of the plurality of appliances comprises a tooth engagement structure to apply a tooth moving force when the appliance is worn, thereby urging one or more teeth of the patient to fill the gap between occlusal surfaces as taught by Gardner for the purpose of treating TMD and aligning teeth concurrently.
Claims 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over PHAN et al (US 2002/0192617) in view of Voudouris (US 6,464,495).
Regarding claim 16, PHAN discloses a shell appliance (polymeric shell 12) for the treatment or prevention of temporomandibular joint dysfunction (par 9-10 discloses the bite and jaw being altered by the appliance and treatment plan and achieve certain movement and control growth and development of the muscular activity), comprising:
a plurality of tooth-receiving cavities shaped to fit teeth of a first arch of a patient’s dentition (par 34 discloses the polymeric shell having one or more cavities);
a lingual repositioning splint (protrusion 116) extending away from the shell appliance (see figure 18A), adjust the patient’s bite from a natural bite configuration toward a target bite configuration based on the contact between the one or more teeth of the second arch and the lingual repositioning split (see figure 18A and par 90 discloses the protrusion being in contact with the other side tooth during biting and par 22 discloses the bite plate being used to provide an alternative occlusion different from the natural bite).
PHAN fails to disclose the lingual repositioning splint comprising an occlusal surface shaped to receive and guide an engagement buccal surface of one or more teeth of the second arch of the patient from a first configuration to a second configuration, and to thereby adjust the patient’s bite from a natural bite configuration toward a target bite configuration based on the contact between the one or more teeth of the second arch and the occlusal surface of the lingual repositioning splint.
Voudouris teaches a lingual repositioning splint (gnathological bite opener 10) comprising an occlusal surface (guiding surface 16) shaped to receive and guide an engagement buccal surface of one or more teeth of the second arch of the patient from a first configuration to a second configuration (see figure 3-4 and col 3, lines 20-25 discloses the opener forcing the opposing tooth either forward or upward into a secondary position) to thereby adjust the patient’s bite from a natural bite configuration toward a target bite configuration based on the contact between the one or more teeth of the second arch and the occlusal surface of the lingual repositioning splint (col 2, lines 60-63 disclose an opening of the bite which is considered a target bite, and the natural bite being the occlusion prior to attachment of the bite opener) for the purpose of redirecting the forces exerted thereon by the opposing tooth back to opening the bite (col 2, lines 62-63).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify PHAN to have the lingual repositioning splint comprising an occlusal surface shaped to receive and guide an engagement buccal surface of one or more teeth of the second arch of the patient from a first configuration to a second configuration, and to thereby adjust the patient’s bite from a natural bite configuration toward a target bite configuration based on the contact between the one or more teeth of the second arch and the occlusal surface of the lingual repositioning splint as taught by Voudouris for the purpose of redirecting the forces exerted thereon by the opposing tooth back to opening the bite.
Regarding claim 18, Voudouris further teaches the occlusal surface is shaped to correct an overbite (col 3, lines 1-5), for the reason set forth above.
Regarding claim 19, Voudouris further teaches the occlusal surface is shaped to correct an underbite (col 3, lines 1-5), for the reasons set forth above.
Regarding claim 20, PHAN discloses the appliance further comprises a tooth engagement structure to apply a tooth moving force when the appliance is worn (interpreted as the shape of the shell, according to par 34 discloses the appliance being shaped to reposition teeth).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over PHAN in view of Voudouris applied to claim 16 above, and further in view of Kussick (US 4,773,853).
Regarding claim 17, PHAN/Voudouris fails to disclose the surface is shaped with an indentation to receive the one or more teeth of the second arch, the indentation positioned to provide an incremental adjustment of the bite of the patient away from the natural bite configuration and toward the target bite configuration.
Kussick teaches a surface is shaped with an indentation (longitudinal ridges 130,132,134, 150 and 152 are positioned on a surface facing away from the tongue, see figure 1) to receive the one or more teeth of a second arch (see figure 7), the indentation positioned to provide an incremental adjustment of the bite of the patient away from the natural bite configuration and toward the target bite configuration (col 7, lines 40-52 disclose repositioning the teeth on the indention lines to treat different malocclusions) for the purpose of comfortably modifying the teeth position (col 7, lines 30-35) .
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify PHAN/Voudouris to have the surface shaped with an indentation to receive the one or more teeth of the second arch, the indentation positioned to provide an incremental adjustment of the bite of the patient away from the natural bite configuration and toward the target bite configuration for the as taught by Kussick for the purpose of comfortably modifying the teeth position.
Response to Arguments
Applicant’s arguments with respect to claims 4, 16 and 21 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
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/S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
9/14/2026
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