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.
Acknowledgment of Election
Applicant’s election, without traverse, of Group I, Claims 1-16 identified in the restriction requirement of September 29, 2025 is acknowledged. Claims 17-20 directed to a non-elected invention are withdrawn from further consideration at this time.
Rejections based on 35 U.S.C. 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 8 is 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.
In claim 8, lines 1 and 2, there is no antecedent basis for “the fulcrum surface of the first rocker member” or “the fulcrum surface of the second rocker member.” It appears as though applicant intended for claim 8 to depend upon claim 7.
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 1-6 and 9-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schueller et al (US 2020/0345459).
In regard to independent claims 1 and 10, Schueller et al disclose an orthodontic device 12 comprised of a positioning arm including a tooth (T) receiving structure defining a recess structured to receive at least an occlusal surface (OS) of a patient's tooth (T); and a support arm including a bracket 20 receiving structure 16 defining a cavity structured to detachably retain an orthodontic bracket 20 including a bonding surface, the orthodontic device 12 having been made in one piece by an additive manufacturing process (3D printed, paragraph [0041])
such that an end of the positioning arm is integrally and continuously formed to an end of the
support arm (note the continuous connection between the identified positioning arm and the support arm at 40 in annotated Figure 5B below), and the positioning arm and the support arm being structured to align the bonding surface of the orthodontic bracket with a facial or lingual surface of the patient's tooth upon at least the occlusal surface of the tooth being received by the recess and the orthodontic bracket being retained by the cavity. Note annotated Figure 5B of Schueller et al below. Additionally with regard to claim 10, the orthodontic bracket 20 of Schueller et al is not integrally and continuously formed with the positioning member and support member, but is a separate individual element.
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In regard to claims 2 and 13, note bracket 20. In regard to claims 3, 4 and 14-16, note Figure 2B of Schueller et al where the member 18 extending between the identified positioning arms of adjacent modules 12 is considered part of the “positioning arm” and the member 18 extending between the identified support arms of adjacent modules 12 is considered to be part of the “support arm.” In regard to claims 5, 6, note Figure 5b above. In regard to claim 9, note the elastic material at 40 (and/or 52 in Figure 6) and actuation means 14. In regard to claim 11, note paragraph [0041].
Allowable Subject Matter
Claim 7 is objected to as being dependent on a rejected base claim, but would be allowable if rewritten in independent form to include all of the limitations of the claims from which it depends. Claim 8 if rewritten to overcome the 35 U.S.C. 112 rejection above (i.e. assuming that it was intended to depend from claim 7) and to include all the limitations of the claims from which it depends would be allowable.
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