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 .
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)(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 21-26, 28-30, 32-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US 2021/0229158).
Song shows an orthodontic wire bending device (Fig. 8 or Fig. 9) comprising: a wire guiding unit (wire W shown being guided through device in Fig. 1) comprising a convoying system (“providing unit”; along the length of W as seen in Fig. 1 with various driving portions) for driving the wire and an exit (left side of Fig. 9 where 611 replaces 600 of Fig. 8) for delivering the wire, the wire guiding unit being configured to guide the wire in a first direction along a longitudinal axis through the exit (along wire w, seen extending out from 611 on that axis), and a wire bending unit (710 in Fig. 9) fed by the wire delivered by the exit, comprising at least one wire bending member (703 in Fig. 9), the at least one wire bending member being able to turn around a center of rotation in a first plane including the longitudinal axis (center of rotation extends through the longitudinal axis of 710 in the same manner as 700 in Fig. 8, located in the center of 710 of Fig. 9 in the same manner as the center of the sockets for holding various 702 in Fig. 8), such that, when the wire comes out of the exit, a rotation of the at least one bending members around the center of rotation results in the bending of the wire proximate to the exit (shown proximate thereto in Fig. 9, “bending bar” 703), wherein the exit of the wire guiding unit is located, along the first direction, beyond the center of rotation (Fig. 9 shows 611 extending past and covering the center of rotation so that the end of the wire guide is between the bending member and center of rotation as claimed; it is also noted that in [32] the rotational center may be moved toward and away from 611). With respect to claim 22, note the nozzle shaped end at the end of 611). With respect to claim 23, configured such that a rotation of the at least one bending member satisfies the equation of claim 23 (Song’s wire bending unit is capable of bending the wire to the desired angle since its structure is arranged in the same manner and even allows adjustment as described in [32] to allow this). With respect to claim 24, wherein the convoying system is capable of rotating about the longitudinal axis, so as to rotate the wire about the longitudinal axis ([0078] for instance discusses the relative rotation and [79] states that if 430 is not included then the wire would not rotate and be two dimensional). With respect to claim 25, wherein the wire guiding unit comprises a tube configured to house and guide the wire (at 611 as seen with wire protruding therefrom in Fig. 9 or 103 in Fig. 4). With respect to claim 26, the tube with an external cover (structure covering and surrounding 103 to the left of 103 or above 103) and inner sheath (the three fixing points at the right side and within 103 that fix and grasp the wire for forward movement along X). With respect to claim 28, wherein the wire bending unit comprises a plate (721) capable of rotating about an axis of rotation (center of rotation) perpendicular to the longitudinal axis, wherein the at least one bending member protrudes from said rotating plate (703). With respect to claim 29, wherein the wire guiding unit comprises a hollow body (interior of 103 for instance) having a proximal end and a distal end (either end thereof), the hollow body being non-rotatably connected to the convoying system (see attachment in Fig. 4, where 103’s movement is translational) and being configured to receive, at its proximal end, the wire from the convoying system and to guide it along the first direction towards the wire bending unit (right side of Fig. 2 is the start of the convoy that guides it in the direction X). With respect to claim 30, wherein the at least one bending member is a bending rod (703). With respect to claim 32, wherein the wire bending unit further comprises a wire cutting member (Fig. 10 for instance). With respect to claim 33, wherein the wire bending unit comprises one bending member (Fig. 9). With respect to claim 34, wherein the wire bending unit comprises one bending member capable of a translation along a direction perpendicular to the first plane ([116],[118] and Fig. 7-8 show that the bending modules that protrude and can use one or a pair for instance). With respect to claim 35, wherein the convoying system is capable of a rotation about the longitudinal axis larger than 1800, so as to provide a second order bending (full rotation of convoying system with respect to 430 as discussed above in order to provide complete 3 dimensional bending). With respect to claim 36, wherein the wire bending unit comprises two bending members (as in Fig. 7). Claim 37 is rejected similarly to claim 35.
System claims 38-39 are rejected similarly to the above and additionally the orthodontic wire bending device according to claim 21 (see above), the orthodontic wire bending device being responsive to control commands ([204]); a driver assembly comprising a first driver operably connected to the wire guiding unit and configured to drive the wire in the guiding unit (drivers seen along the length of Fig. 2), and a second driver operably connected to the wire bending unit configured to drive in rotation the at least one bending member (730); and c. a programmable controller configured to send control commands to the drivers of the driver assembly, so as to operate the orthodontic bending device ([204]; “outer control system” for instance). With respect to claim 39, further comprising a wire detection unit for detecting the presence of the wire (vision part 970 is pointed at the wire [203]).
Method claim 40 is rejected similarly to the above with the above recited structure of claim 21, the method comprising guiding the wire through the wire guiding unit in a first direction along the longitudinal axis (at W along X in Fig. 2), and delivering the wire out of the wire guiding unit through the exit (at end of 600 or 611); feeding the wire bending unit with the wire delivered from the exit (wire W in Fig. 8-9 and associated bending units); and rotating the at least one bending member of a predefined angle a around the center of rotation so as to bend the wire (730 rotates the bending member to form the predefined bends with associated angles).
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 27 is rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Riemeier (US 2014/0076015).
Song discloses the device as previously described above, but fails to show with respect to claim 27, wherein the exit has an inner surface having an inner radius, an outer surface, and a bevel or round extending from the inner surface to outer surface, the bevel or round having a radius of curvature r which is equal or greater than the inner radius Dt/2.
Riemeier similarly teaches an orthodontic wire bending unit wherein the exit may have a round extending from the inner surface to outer surface (Fig. 9C at 908). Riemeier also establishes the size of 908 as a results effective variable for achieving a desired curve ([79]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Song’s exit shape to be rounded so that r is greater than or equal to the inner radius since this is a known result-effective variable and determining the optimum or workable ranges of said variable would be routine experimentation for a desired wire bend shape.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Song ‘136 (KR 101629136).
Song discloses the device as previously described above and that the bending rod can be various shapes [118], but fails to show with respect to claim 31, wherein the bending rod specifically has a diameter which decreases along the protruding direction.
Song ‘136 similarly teaches an orthodontic wire bending unit with a bending rods with a constant diameter (42,44 cylindrical shape like Song) or with a decreased diameter along the protruding direction (170A,B). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Song’s device by substituting the decreased diameter rod shape as taught by Song ‘136 in order to take advantage of known alternative shapes in the orthodontic wire bending art.
Response to Arguments
Applicant’s arguments with respect to the previous rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Song.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
