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 1-2, 5, 7, 9, 11-12, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (US 20200146779).
Regarding Claim 1, Zhang discloses a dental attachment placement apparatus (figures 1-6) comprising:
a body (1; figures 1-2) configured for placement on a patient’s dental arch (figure 1), the body including a plurality of receptacles (12; figure 2) for receiving a plurality of removable tooth registration anchors (1, 4 and 5; figure 1 and 4; paragraph [0059] discloses they are removable); and
the plurality of removable tooth registration anchors, each removable tooth registration anchor comprising:
a first end (14, 15; figure 4) that is detachably connected to a corresponding dental attachment (paragraphs [0068]-[0070]);
a second end (8, 9; see illustrated figure 4; figure 4) that is shaped and sized to fit into a corresponding receptacle of the body to secure the removable tooth registration anchor to the body (paragraph [0064]), wherein the second end is removable from the corresponding receptacle to detach the removable tooth registration anchor from the body (paragraphs [0059] and [0064]); and
a contoured surface (shown in figure 7 to match the shape of the tooth) that is shaped to register with an exterior surface of a corresponding tooth (Figure 7; “register” is defined by Merriam-Webster Dictionary as “a condition of correct alignment or proper relative position”; wherein the shape of the anchors properly align the dental attachments with the teeth) to position and orient the corresponding dental attachment with respect to the corresponding tooth (figures 1 and 7),
wherein the dental attachment placement apparatus is configured such that the plurality of dental attachments are positioned adjacent to the patient’s teeth (figure 1) for bonding the plurality of dental attachments to the patient’s teeth when the body is placed on the patient’s dental arch (figure 1).
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Regarding Claim 2, Zhang discloses the device of Claim 1. Zhang discloses one or more of the receptacles have a rectangular cross-section (figure 2; paragraph [0061]).
Regarding Claim 5, Zhang discloses the device of Claim 1. Zhang discloses the second ends of the plurality of removable tooth registration anchors are configured to press fit into the corresponding receptacles of the plurality of receptacles (paragraph [0064]).
Regarding Claim 7, Zhang discloses the device of Claim 1. Zhang discloses the plurality of tooth registration anchors are secured to the body, there is a clearance (between both 8 and 9 as detailed in paragraph [0066] 10 is the clearance between; see illustrated figure 1 for an additional clearance) between the body and each of the removable tooth registration anchors (figures 1-4).
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Regarding Claim 9, Zhang discloses the device of Claim 1. Zhang discloses the plurality of receptacles are at predetermined positions along the body (figures 1-2).
Regarding Claim 11, Zhang discloses the device of Claim 1. Zhang discloses the dental attachment comprises a hook (figure 4) configured to engage with an elastic band (figure 4).
Regarding Claim 12, Zhang discloses the device of Claim 1. Zhang discloses the dental attachment comprises an auxiliary feature (17; figure 4) configured to engage with an orthodontic wire (figure 4).
Regarding Claim 21, Zhang discloses the device of Claim 1. Zhang discloses the body is configured to span at least two adjacent teeth (figure 1).
Regarding Claim 22, Zhang discloses the device of Claim 1. Zhang discloses the body has an arch shape in accordance with the patient's dental arch (figure 1).
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.
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20100190125) and in view of Machata et al. (US 20160074139 hereinafter Machata).
Regarding Claim 1, Lee discloses a dental attachment placement apparatus (figure 1) comprising:
A plurality of bodies (110; figure 1) configured for placement on a patient’s dental arch (figure 1), the bodies including a plurality of receptacles (117; figures 1 and 3; Figure 1 depicts a plurality of bodies each having the receptacles; paragraph [0059]) for receiving a plurality of removable tooth registration anchors (130; figures 1 and 3; Figure 1 depicts a plurality of bodies each having the anchors that are removable (paragraph [0053]); paragraph [0059]); and
the plurality of removable tooth registration anchors, each tooth registration anchor comprising:
a first end (137; figure 3) that is detachably connected to a corresponding dental attachment (figure 8);
a second end (133; figures 3-4) that is shaped and sized to fit into a corresponding receptacle of the body (figures 1-8) to secure the tooth registration anchor to the body, wherein the second end is removable from the corresponding receptacle to detach the tooth registration anchor from the body (figure 8);
a contoured surface (figure 1) that is shaped to register with an exterior surface of a corresponding tooth (figures 3-5; “register” is defined by Merriam-Webster Dictionary as “a condition of correct alignment or proper relative position”; wherein the shape of the anchors properly align the dental attachments with the teeth) to position and orient the corresponding dental attachment with respect to the corresponding tooth (figure 1),
wherein the dental attachment placement apparatus is configured such that the plurality of dental attachments are positioned adjacent to the patient’s teeth (figure 1) for bonding the plurality of dental attachments to the patient’s teeth when the body is placed on the patient’s dental arch (figure 1).
Lee does not disclose a single body including a plurality of receptacles.
Machata discloses a dental attachment placement apparatus (figures 10a-103) comprising: a body (300; figure 10a; paragraph [0057]) configured for placement on a patient’s dental arch (figure 10a), the body including a plurality of receptacles/attachments for a plurality of anchors (306; figures 10a-10d).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the body of Lee with entire body connected (providing a plurality of jigs connected together, each with a receptacle) as taught by Machata to have the plurality of receptacles/attachments for a plurality of anchors in order to provide more options for placement on the teeth and provide means for aligning multiple teeth.
Regarding Claim 6, Lee discloses the device of Claim 1. Lee discloses the second ends of the plurality of removable tooth registration anchors are configured to screw into corresponding slots (paragraph [0070] discloses the pin accommodating groove 117 and the moving pin 133 are coupled with each other with a tolerance to be engaged with each other and maintain the coupled state under predetermined external force and below.).
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Marshall (US 20170325911) in view of Lee (US 20100190125).
Regarding Claim 1, Marshall discloses a dental attachment placement apparatus (figures 1a-1b) comprising:
a body (20; figures 1a-1b) configured for placement on a patient’s dental arch (figure 1b), the body including a plurality of receptacles (30; figures 1a-1b) for receiving a plurality of tooth registration anchors (14; figures 1a-1b; paragraph [0022]); and
the plurality of tooth registration anchors, each tooth registration anchor comprising:
a first end (40a; figure 1b) that is detachably connected to a corresponding dental attachment (26; figures 1a-1b);
a second end (28; figure 1a) that is shaped and sized to fit into a corresponding receptacle (30; figures 1a-1b) of the body to secure the tooth registration anchor to the body (paragraph [0023]; figures 1a-1b), wherein the second end is removable from the corresponding receptacle to detach the tooth registration anchor from the body (paragraph [0023] discloses that 14 can be released from engagement); and
a contoured surface (figure 1a depicts the same of 14 mirrors the shape of the tooth) that is shaped to register with an exterior surface of a corresponding tooth (Figure 1A; “register” is defined by Merriam-Webster Dictionary as “a condition of correct alignment or proper relative position”; wherein the shape of the anchors properly align the dental attachments with the teeth) to position and orient the corresponding dental attachment with respect to the corresponding tooth (figure 1A),
wherein the dental attachment placement apparatus is configured such that the plurality of dental attachments are positioned adjacent to the patient’s teeth (figure 1b) for bonding the plurality of dental attachments to the patient’s teeth when the body is placed on the patient’s dental arch (figure 1b).
Marshall does not disclose the plurality of tooth registration members are removable.
Lee discloses a dental attachment placement apparatus (figure 1) comprising: a body (110; figure 1) configured for placement on a patient’s dental arch (figure 1), the body including a plurality of receptacles (117; figures 1 and 3; Figure 1 depicts a plurality of bodies each having the receptacles; paragraph [0059]) for receiving a plurality of removable tooth registration anchors (130; figures 1 and 3; Figure 1 depicts a plurality of bodies each having the anchors that are removable (paragraph [0053]); paragraph [0059]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the connection of the plurality of tooth receptacles as taught by Marshall to be removable as taught by Lee in order to replace the removable tooth registration members if they are broken.
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20200146779) in view of Webber et al. (US 20190298494, hereinafter Webber).
Regarding Claim 4, Zhang discloses the device of claim 1. Zhang does not disclose the body is flexible in regions between two of the plurality of receptacles.
Webber discloses a dental attachment placement apparatus (figure 12a; paragraph [0252]) comprising: a body (1210; figure 12a; paragraph [0252]) configured for placement on a patient’s dental arch (figure 12a; paragraph [0252]), the body including a plurality of receptacles (1203; figure 12a), the body is flexible in regions between two or more receptacles (paragraph [0252]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the body of Zhang with the flexible body of Webber in order to provide tolerance so that the structure can fit on the patient’s dental arch more easily (paragraph [0252]).
Regarding Claim 10, Zhang discloses the device of claim 1. Zhang does not disclose the first end of each of the removable tooth registration anchors includes a plurality of supports that are frangibly connected to the corresponding dental attachment.
Webber discloses a dental attachment placement apparatus (figure 13a; paragraph [0261]) comprising: a body (1310; figure 13a; paragraph [0261]) configured for placement on a patient’s dental arch (figure 13a; paragraph [0261]), a tooth registration anchor, having a first end (at 1325; figure 13a), and the first end of each of the tooth registration anchors includes a plurality of supports (1325; figure 13a) that are frangibly connected to the corresponding dental attachment (paragraph [0261]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first end of Zhang with the frangible connection of Webber so no tools are needed for the removal of the dental attachment from the anchors.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Marshall (US 20170325911) and Lee (US 20100190125) in view of Webber et al. (US 20190298494, hereinafter Webber).
Regarding Claim 8, Marshall as modified by Lee discloses the device of Claim 1. Marshall discloses removable supports (32; Figures 1a-1b; paragraph [0023] discloses 32 is a lock projection to hold the pin place and then removed from engagement) between the body and each of tooth registration anchors to secure the tooth registration anchors to the body before use (paragraph [0023]).
Marshall does not disclose wherein the removable supports are configured to be broken by a user to free the tooth registration anchors from the body.
Webber discloses a dental attachment placement apparatus (figure 13a; paragraph [0261]) comprising: a body (1310; figure 13a; paragraph [0261]) configured for placement on a patient’s dental arch (figure 13a; paragraph [0261]), a tooth registration anchor, including a plurality of supports (1325; figure 13a) that are frangibly connected to the corresponding dental attachment (paragraph [0261]) to secure the tooth registration anchors to the body before use (paragraph [0261]), the removeable supports are configured to be broken by a user to free the tooth registration anchors from the body (paragraph [0261]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the removeable supports of Marshall to be a frangible connection as taught by Webber in order to create a breakable connection between the body and the tooth registration anchor to allow for movement of the anchor.
Claims 13 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20100190125) in view of Andreiko (US 20030224310), and further in view of Lemchen (US 20160220330).
Regarding Claim 13, Lee discloses a method (paragraph [0001]; figures 1-9) of attaching dental attachments (figures 1-8) to a patient’s teeth (figure 4-9), the method comprising: receiving a dental attachment placement apparatus (figures 7), wherein the dental attachment placement apparatus includes:
a body (110; figure 7) having a receptacle (117; figure 3) for receiving a first tooth registration anchor (130; figure 3) and a second tooth registration anchor (130; figure 1),
the first tooth registration anchor removably secured within the receptacle of the body (figure 8), wherein the first tooth registration anchor has a first dental attachment (137; figures 3-7) detachably connected thereto (figure 8), and
a first contoured surface (the shape of 113 mirrors the contour of the tooth; figure 1a) that is shaped to register with an exterior surface of a corresponding tooth (figure 7; “register” is defined by Merriam-Webster Dictionary as “a condition of correct alignment or proper relative position”; wherein the shape of the anchors properly align the dental attachments with the teeth) to position and orient the first dental attachment with respect to the corresponding tooth (figure 7);
removing the first tooth registration anchor from the receptacle of the body (figures 8-9; paragraph [0025]);
placing the registration anchor within the receptacle of the body (figures 1-9), wherein the registration anchor includes a dental attachment detachably connected thereto (figures 1, and 8-9);
placing the dental attachment placement apparatus on the patient’s dental arch (figures 1-9), wherein the dental attachment is positioned adjacent to a predetermined bonding location on the corresponding tooth (figure 1);
bonding the dental attachment to the patient’s teeth at the predetermined bonding location (figures 1-9); and
detaching the dental attachment from the tooth registration anchor (figures 8-9; paragraph [0025]).
Lee does not disclose the tooth registration anchor being the same (first) tooth registration anchor or a second tooth registration anchor; placing the second tooth registration anchor within the receptacle of the body, wherein the second tooth registration anchor includes a second dental attachment detachably connected thereto.
However, Lee discloses that the anchor (130; figure 1-9) may be reused (indicating that it also may not be reused; paragraph [0057]) and that the anchors (130; figures 1-9) are mass produced (indicating that multiple are available)(paragraph 0057). There are two solutions possible, that being the use of the same anchor or a second anchor. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to use a second tooth registration anchor since it has been held to be obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success. (see MPEP 2143 (I)(E)).
Andreiko teaches a method (paragraph [0008]; figures 1-4) of attaching dental attachments (30; figures 1-5) to a patient’s teeth (figure 2-3), the method comprising: receiving a dental attachment placement apparatus (figures 2), wherein the dental attachment placement apparatus includes: a body (11; figure 2) having a receptacle (59; figure 4) for receiving a first registration anchor (41; figures 2-4); and placing the tooth registration anchor within the receptacle of the body (paragraph [0017] discloses reusing the receptacle/body again if the bracket has been dislodged or needs replacing.
It would have neem obvious to one of ordinary skill in the art to have modified the receptacle of Lee to have the second tooth registration anchor within the receptacle of the body as taught by Andreiko in order to decrease the cost of manufacturing.
Lemchen teaches a method (paragraph [0012]) of attaching dental attachments (paragraphs [0012]-[0013]) to a patient’s teeth (paragraphs [0012]-[0013]), the method comprising: wherein the second dental attachment is positioned adjacent to a predetermined bonding location on a corresponding tooth of the patient (paragraphs [0012]-[0013] discloses the use of the original jig on the tooth and inserting another bracket); bonding the second dental attachment to the patient’s teeth at the predetermined bonding location (paragraphs [0012]-[0013], [0053] and [0055]).
It would have been obvious to one of ordinary skill in the art to have modified the method of replacing the dental attachment of Lee with the addition of a second dental attachment in order to replace a detached, broken, or lost bracket in an orthodontic setting in a patient (paragraph [0012]).
Regarding Claim 17, Lee as modified by Lee, Andreiko, and Lemchen discloses the method of Claim 13. Lee discloses a first end of each of the first and second tooth registration anchors (paragraph [0057]) is detachably connected to corresponding first and second dental attachments (paragraph [0057] and [0059]), and wherein a second end of each of the first and second tooth registration anchors is shaped and sized to removably fit within the receptacle (figures 4-9; paragraph [0057] and [0059]).
Regarding Claim 18, Lee as modified by Lee, Andreiko, and Lemchen discloses the method of Claim 17. Lee discloses the second end of each of the first and second tooth registration anchors is configured to press fit into the receptacle (paragraph [0070]).
Regarding Claim 19, Lee as modified by Lee, Andreiko, and Lemchen discloses the method of Claim 17. Lee discloses the second ends of the plurality of tooth registration anchors are configured to screw into corresponding slots (paragraph [0070] discloses the pin accommodating groove 117 and the moving pin 133 are coupled with each other with a tolerance to be engaged with each other and maintain the coupled state under predetermined external force and below; of a structure that allows for connection by means of a twisting motion, wherein “screw” is defined as “to unite or separate by means of… a twisting motion).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20100190125) in view of Andreiko (US 20030224310), and Lemchen (US 20160220330), further in view of Machata et al. (US 20160074139, hereinafter Machata).
Regarding Claim 14, Lee as modified by Lee, Andreiko, and Lemchen discloses the method of Claim 13. Lee discloses the body (paragraph [0060] discloses the body may vary in shape as necessary) includes a receptacle (117; figure 4), and the dental attachment placement apparatus includes a plurality of tooth registration anchors (paragraph [0057] discloses the use of more than one 130) removably secured to corresponding receptacles of the body (paragraphs [0057] and [0059]).
Lee does not disclose the body includes a plurality of receptacles.
Machata discloses a dental attachment placement apparatus (figures 10a-103) comprising: a body (300; figure 10a; paragraph [0057]) configured for placement on a patient’s dental arch (figure 10a), the body including a plurality of receptacles/attachments for a plurality of anchors (306; figures 10a-10d).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the body of Lee with entire body connected (providing a plurality of jigs connected together, each with a receptacle) as taught by Machata to have the plurality of receptacles/attachments for a plurality of anchors in order to provide more options for placement on the teeth and provide means for aligning multiple teeth.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20100190125) in view of Andreiko (US 20030224310), and Lemchen (US 20160220330) and Machata et al. (US 20160074139 hereinafter Machata), further in view of Webber et al. (US 20190298494, hereinafter Webber).
Regarding Claim 15, Lee as modified by Lee, Andreiko, Lemchen, and Machata discloses the method of Claim 14. Lee does not disclose the body is flexible in regions between two or more receptacles.
Webber discloses a dental attachment placement apparatus (figure 12a; paragraph [0252]) comprising: a body (1210; figure 12a; paragraph [0252]) configured for placement on a patient’s dental arch (figure 12a; paragraph [0252]), the body including a plurality of receptacles (1203; figure 12a), the body is flexible in regions between two or more receptacles (paragraph [0252]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the body of Lee with the flexible body of Webber in order to provide tolerance so that the structure can fit on the patient’s dental arch more easily (paragraph [0252]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20100190125) in view of Andreiko (US 20030224310), and Lemchen (US 20160220330), further in view of Webber et al. (US 20190298494, hereinafter Webber).
Regarding Claim 20, Lee as modified by Lee, Andreiko, and Lemchen discloses the method of Claim 13. Lee as modified discloses detaching the second dental attachment from the second tooth registration anchor (see above claim 13).
Lee does not disclose detaching includes breaking a plurality of supports that frangibly connect the second dental attachment to the second tooth registration anchor.
Webber discloses a dental attachment placement apparatus (figure 13a; paragraph [0261]) comprising: a body (1310; figure 13a; paragraph [0261]) configured for placement on a patient’s dental arch (figure 13a; paragraph [0261]), a tooth registration anchor, having a first end (at 1325; figure 13a), and includes breaking a plurality of supports (1325; figure 13a) that frangibly connect the second dental attachment to the second tooth registration anchor (paragraph [0261]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first end of Lee with the frangible connection of Webber so no tools are needed for the removal of the dental attachment from the anchors.
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
Applicant argues that each reference cited does not disclose a contoured surface that is shaped to register with an exterior surface of a corresponding tooth to position and orient the corresponding dental attachment with respect to the corresponding tooth. However, the Examiner respectfully disagrees.
The term “register” is defined by Merriam-Webster Dictionary as “a condition of correct alignment or proper relative position”. In the case of each reference cited to disclose this feature, the shape of the anchors properly aligns the dental attachments with the teeth and therefore serves as having a contoured surface shaped to register with (properly align) an exterior surface of a corresponding tooth to position and orient the corresponding dental attachment with respect to the corresponding tooth, as set forth in the rejections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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