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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species A (Claims 1-8) in the reply filed on 2/11/2026 is acknowledged.
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.
Claim(s) 1-5 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishimuta (US 20210169618 A1).
Re. Claim 1, Nishimuta discloses a dental appliance occlusal element (Abstract; Fig. 9-10) comprising:
a lower surface comprising one or more features (Annotated Figure A of Fig. 9) configured to interface with a pick-and-place robot to cause the dental appliance occlusal element to be inserted into a hollow feature of a dental appliance (It should be noted that the limitation “configured to interface with a pick-and-place robot to cause the dental appliance occlusal element to be inserted into a hollow feature of a dental appliance” is functionally claimed. Further, the “pick-and-place robot” and the “hollow feature of a dental appliance” are functionally recited structures/elements. As it is a groove element, it is fully capable for a pick-and-place robot to interface with the feature and insert the occlusal element to the hollow feature of a dental appliance; It should be noted Par. 78 discloses manufacturing of the appliance which would include machining techniques that can be the pick-and-place robot);
an upper surface (Annotated Figure A of Fig. 9) configured to be disposed adjacent a distal inner surface of the hollow feature (It should be noted that the limitation reciting “to be disposed adjacent a distal inner surface of the hollow feature” is functionally claimed. It is fully capable that the upper surface can be configured to be disposed adjacent a distal inner surface of the hollow feature); and
one or more side surfaces (Annotated Figure A of Fig. 9) configured to be disposed against one or more side inner surfaces of the hollow feature (It should be noted that the limitation reciting “to be disposed against one or more side inner surfaces of the hollow feature” is functionally claimed. It is fully capable that the side surfaces are configured to be disposed against one or more side inner surfaces of the hollow feature).
PNG
media_image1.png
445
755
media_image1.png
Greyscale
Annotated Figure A
Re. Claim 2, Nishimuta discloses the dental appliance occlusal element of claim 1, wherein Nishimuta discloses the one or more features comprises a first recess (see Annotated Figure A of Fig. 9). It should be noted that Nishimuta discloses that the occlusal element can comprise a plurality of features including a plurality of protrusions, grooves, pockets, chamfers, draft angles, etc. to allow additional connection between the occlusal block and the appliance.
As such, it would have been obvious to someone skilled in the art before the effective filing date to have the one or more features comprises a first recess and a second recess through a duplication by parts to allow further securement of the occlusal block to the appliance.
It should be noted that the “pick-and-place robot” is functionally claimed and therefore the further limitation of the robot is functionally claimed (i.e. the pick-and-place robot comprises a gripper comprising distal ends). As such, the limitation reciting “the pick-and-place robot comprises a gripper comprising distal ends configured to secure the dental appliance occlusal element via the first recess and the second recess” can be met as the occlusal element of Nishimuta is similar structurally to applicant’s occlusal element.
Re. Claim 3, Nishimuta discloses the dental appliance occlusal element of claim 1, wherein the one or more features comprise a channel (See Annotated Figure A of Fig. 9 and Fig. 9 where the groove is a channel), wherein the pick-and-place robot comprises a gripper comprising distal ends configured to secure the dental appliance occlusal element via the channel (The limitation reciting “the pick-and-place robot comprises a gripper comprising distal ends configured to secure the dental appliance occlusal element via the channel” is functionally claimed and as such the occlusal element is fully capable of meeting the limitation).
Re. Claim 4, Nishimuta discloses the dental appliance occlusal element of claim 1, wherein the one or more features comprise a substantially planar surface (Annotated Figure B of Fig. 9), wherein the pick-and-place robot comprises a vacuum configured to secure the dental appliance occlusal element via suction of the substantially planar surface (It should be noted that the “pick-and-place robot” is functionally claimed and therefore the further limitation of the robot is functionally claimed. As such, the limitation reciting “pick-and-place robot comprises a vacuum configured to secure the dental appliance occlusal element via suction of the substantially planar surface” is fully capable of being met).
PNG
media_image2.png
312
534
media_image2.png
Greyscale
Annotated Figure B
Re. Claim 5, Nishimuta discloses the dental appliance occlusal element of claim 1, wherein the upper surface and at least one of the one or more side surfaces comprise an identifying feature (Annotated Figure C of Fig. 9 where the upper surface has a curved feature that would identify the surface as the upper surface as the rest of the surfaces does not comprise such. Further, the side surfaces has recesses identical on either side which would allow for easy identification) configured to interface with a corresponding feature of the hollow feature (The limitation reciting “to interface with a corresponding feature of the hollow feature” is functionally claimed and the occlusal element if fully capable of the identifying feature to be configured to interface with a corresponding feature of the hollow feature).
PNG
media_image3.png
359
661
media_image3.png
Greyscale
Annotated Figure C
Re. Claim 8, Nishimuta discloses the dental appliance occlusal element of claim 1, wherein the dental appliance occlusal element is solid (Par. 80-81 discloses it can be made of thermoformed material and as such is solid).
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(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimuta (US 20210169618 A1).
Re. Claim 6, Nishimuta discloses the dental appliance occlusal element of claim 1, wherein: the upper surface is a curved surface (Annotated Figure C of Fig. 9). In the embodiment shown in Fig. 16, the one or more side surfaces comprise a lower side surface (1420), an upper side surface (1422); and the upper side surface is a chamfer (Annotated Figure D of Fig. 16; Par. 122-123).
It would have been obvious to someone skilled in the art before the effective filing date to have the side surfaces shown in Fig. 9 to have a lower side surface and an upper side surface where the upper side surface is chamfered as taught by the embodiment shown in Fig. 16 to provide additional security.
PNG
media_image4.png
364
615
media_image4.png
Greyscale
Annotated Figure D
Re. Claim 7, Nishimuta discloses the dental appliance occlusal element of claim 6, wherein the lower side surface is from about 5 to about 9 degrees from vertical (Par. 122-123).
It would have been obvious to someone skilled in the art before the effective filing date to have the lower side surface to be about 5 to about 9 degrees from vertical as taught by the embodiment the embodiment shown in Fig. 16 to provide additional security.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772