Status under America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Rejections based on Prior Art
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, 2, 4, 23 and 72 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oda et al (US 2018/0049847).
In regard to claims 1, 2, 4 and 72, note Oda et al Figure 5 illustrating an orthodontic archform 120 having a first connector 128 and a second connector 129 configured to be coupled to brackets on a patient’s teeth and an interproximal segment 152 having multiple double loops 121. In regard to claim 23, note a third connector comprising a hook 124 to which an elastic could be coupled.
Claims 1-6, 8, 10-12, 15, 16, 19, 20, 72, 73, 75, 102 and 113 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roein Peikar et al (US 2020/0390524).
Roein Peikar et al discloses as identified below in annotated Figure 31 an archform comprising a first connector 140a and a second connector 140b configured to coupled to first and second brackets disposed on a patient’s teeth (e.g. Figure 4C). Roein Peikar et al further discloses an interproximal segment disposed between the first and second connectors comprising a double loop formed of first and second loops shaped similar to that disclosed by applicant and identified below.
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In regard to claim 4, as illustrated in the annotated Figure 31 the first and second loops open in the occlusal direction. In regard to claim 5, note the identified first and second portions of the first and second loops in the annotated Figure 31 which mirrors the nomenclature set forth by applicant with respect to applicant’s Figure 6B. In regard to claim 6, Roein Peikar et al discloses in Figure 6 that the second connector 140b may be positioned in a more occlusal direction than the intermediate point.
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In regard to claim 10, note the position of the connector arms identified in annotated Figure 31 above. With respect to claims 11, 12, 15, 16, 19, 20, note the identified elements in annotated Figure 31 above and their positional relationships which meet the positional relationships set forth in the present claims.
In regard to claims 72, 73, 75, 102, and 113, note annotated Figure 6 of Roein Peikar et al below which identifies each of the claimed elements in their claimed relationships to one another.
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Examiner Comment
It is noted that applicant’s claims are of such breadth that they read on alternative interpretations of the identified structures in the references applied, as well as, other references of record. Applicant’s attention is also directed to the Oda et al (US 2018/0049847) embodiments in Figures 8, 10 and 11, and the disclosure that loops 323 and 523 may include more than loop between the connectors (paragraphs [0099] and [0106]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ralph Lewis whose telephone number is (571)272-4712. The examiner can normally be reached Monday-Friday from 9AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Edelmira Bosques 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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/RALPH A LEWIS/Primary Examiner, Art Unit 3772 (571) 272-4712