DETAILED ACTION
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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 26 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. With respect to claim 26, the limitations of the supports positioning the engagement surface of the one or more attachments within the corresponding aperture does not further limit the limitations of the independent claim. It is noted that the independent claim requires the dental attachment including the claimed engagement surface, the dental attachment being coupled to the supports and that the supports positioned each of the one or more dental attachments entirely within a corresponding aperture. Therefore, since the clamed engagement surface is on the dental attachment is positioned within the aperture by the supports, the limitations of claim 26 are not further limiting. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-4, 8, 10, 12-13, 16 and 21-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman et al. (2007/0238066) in view of Schulhof et al. (2016/0346063) in view off Perlman (4,134,208) as evidence by Chishti et al. (2001/0002310).
Kopelman teaches a method of orthodontic treatment of a dentition, the method comprising placing an attachment placement apparatus 100 on the dentition such that a plurality of contoured surface of the attachment placement apparatus are aligned with correspondingly shaped tooth surfaces of the dentition (see figs. 1-2, see abstract, pars. 40-42), and a body of the attachment placement apparatus positions the one or more dental attachments against one or more specified locations on the one or more teeth of the dentition (see pars. 40-45, 66-67, such that the body includes the window which positions the dental attachment as claimed), wherein each of the one or more dental attachments has a lateral region (i.e. the outer edge of the base pad, see annotated figure) that is lateral to a center of each of a corresponding dental attachment, wherein a portion of the lateral region includes an engagement surface (i.e. the outer edge of the bonding pad) that is configured to engage with a dental alinger to apply a predetermined force on a corresponding tooth according to a treatment plan (such the that surface is configured to function as claimed as evidenced by Chishti, par. 140, such that the alinger can grip a surface of the bracket to ensure the proper force, i.e. predetermined, is delivered to the tooth), wherein each of the one or more dental attachments are coupled to a plurality of supports that extend from the body (see fig. 3b, such that points 451 are supports as the bracket is abutted against them for alignment, par. 67), wherein the plurality of supports abut the lateral regions of each of the one or more dental attachments (see fig 3b, par. 67, such that supports 451 abut the lateral edge of the attachment 70), wherein the plurality of supports 451 position each of the one or more dental attachments entirely within a corresponding aperture of the attachment placement apparatus (see fig. 3b) and securing the one or more dental attachments at the one or more specified locations on the one or more teeth (see abstract, pars. 36, 46). Kopelman teaches the invention as substantially claimed and discussed above, however, does not specifically teach each of the plurality of supports is spaced away from a respective tooth, each of the plurality of supports has a tapered width with a narrow end that couples to a corresponding dental attachment at a breakable region that is configured to be broken to facilitate removal of a corresponding dental attachments from the body.
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Schulhof teaches a method of orthodontic treatment comprising placing an attachment placement apparatus 20 on the dentition (see fig. 7), such that a plurality of contoured surfaces 21 of the attachment placement apparatus are aligned with correspondingly shaped tooth surfaces of the dentition (see fig. 2, par. 30), a body of the attachment placement apparatus positions the one or more dental attachments 29 against one or more specified locations on one or more teeth of the dentition (see fig. 7, pars. 37, 43), wherein each of the one or more dental attachments are coupled to a plurality of supports 22 that extend from the body, wherein each of the plurality of supports are attached to a lateral region of each of the one or more corresponding dental attachments (see fig. 1), wherein each of the plurality of supports is spaced away from a respective tooth (see figs. 1-2, 7), the plurality of supports comprising breakable regions configured to be broken to facilitate removal of a corresponding dental attachment form the body (see pars. 27, 37, such that they are configured to break, such as by cutting, see cited definition of break, such as to make or effect by cutting, forcing, or pressing through), wherein the plurality of supports position each of the one or more dental attachments relative to the body of the attachment placement apparatus and securing the one or more dental attachments at the one or more specified locations on the one or more teeth (see abstract, pars. 25, 27, 43). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the attachment placement apparatus taught by Kopelman to include the support with the breakable regions taught by Schulhof in order to more accurately place the attachments. Kopelman/Schulhof teaches the invention as substantially claimed and discussed above, however, does not specifically teach each of the plurality of supports has a tapered width with a narrow end that is configured to be broken to facilitate removal of the corresponding dental attachment form the body.
Pearlman further a method of orthodontic treatment of a dentition (see abstract), the method comprising placing an attachment placement apparatus 10 on the dentition (see fig. 1) such that a body 10 of the attachment placement apparatus positions one or more dental attachments 12 against one or more specified location on one or more teeth of the dentition (see abstract, fig. 1), wherein the one or more dental attachments 12 are coupled to a support (see annotated figure) that extends from the body, the support attached to a lateral region of the one or more dental attachment (see figs. 1-2, annotated figure), the lateral region being lateral to a center of each of the one or more dental attachments (see figs. 1-2, annotated figure below), wherein the support is spaced away from a respective tooth (see fig. 1, annotated figure below), wherein the support has a tapered width with a narrow end that couples to a corresponding dental attachment at a breakable region 13 that is configured to be broken to facilitate removal of the corresponding dental attachment from the body (col. 2, ll. 46-53), and securing the one or more dental attachments at the one or more specified location on the one or more teeth (see abstract). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the supports taught by Kopelman/Rosenberg with the shape of the support taught by Pearlman in order to provide a breakable region that is more easily broken. Such that the tapered regions provides or less material in the connection region that would allow for the region to more easily broken.
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With respect to claim 2, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Kopelman further teaches, wherein securing the one or more dental attachments comprises bonding the one or more dental attachments on the one or more teeth (see par. 46).
With respect to claim 3, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Pearlman further teaching releasing the one or more dental attachments from the body by breaking the breakable regions of the plurality of supports, wherein the breaking the breakable regions comprises applying a compressive or tensile force on the breakable regions without the user of a cutting tool (col. 2, ll. 52-53, col. 3, ll. 51-60, such that the support is connected to the attachment by a frangible joint that can be broken by the hand which would apply a compressive or tensile force).
With respect to claim 4, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Kopelman further teaches, comprising removing the attachment placement apparatus from the dentition after the one or more dental attachments are separated from the body and secured to the one or more teeth (see par. 46).
With respect to claim 8, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Schulhof further teaches wherein the one or more dental attachments are made from the same material as the plurality of contoured surfaces and the plurality of supports (see abstract, pars. 26, 42). It would have been obvious to one having ordinary skill in the art to modify Kopelman with the teaching of Schulhof to make the elements out the same materials as a matter of obvious design choice. Such that the device is more easily manufactured when using a single material.
With respect to claim 10, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Kopelman further teaches wherein, for each dental attachment, the corresponding supports extend radially around the dental attachment (see fig. 3b, such that the supports 451 are positioned radially around the attachment).
With respect to claim 12, Kopelman teaches a method of orthodontic treatment of a dentition, the method comprising placing an attachment placement apparatus 100 on the dentition such that a plurality of contoured surface of the attachment placement apparatus are aligned with correspondingly shaped tooth surfaces of the dentition (see figs. 1-2, see abstract, pars. 40-42), and a body of the attachment placement apparatus positions dental attachments against corresponding specified locations of one or more teeth of the dentition (see pars. 40-45, 66, such that the body includes the window which positions the dental attachment as claimed), wherein each of the dental attachments are coupled to a plurality of supports that extend from the body (see fig. 3b, such that points 451 are supports as the bracket is abutted against them for alignment), the plurality of supports attached to a lateral region of a corresponding dental attachment (see annotated figure above with respect to claim 1, such that the outer surface of the bonding pad is the claimed lateral surface), the lateral region being lateral to a center of the corresponding dental attachment (see explanation above), wherein, for each of the dental attachments a portion of the lateral region includes an engagement surface (i.e. the outer edge of the bonding pad) that is configured to engage with a dental alinger to apply a predetermined force on a corresponding tooth according to a treatment plan (such the that surface is configured to function as claimed as evidenced by Chishti, par. 140, such that the alinger can grip a surface of the bracket to ensure the proper force, i.e. predetermined, is delivered to the tooth), wherein the plurality of supports position each of the dental attachments entirely within a corresponding aperture of the attachment placement apparatus (see fig. 3b) and securing the dental attachments at the corresponding specified locations of one or more teeth (see abstract, pars. 36, 46), wherein the secured dental attachments are configured to engage with one or more dental aligners to direct repositioning forces from the one or more dental aligners to the dentition (see cited prior art Chishti 2001/0002310 which teaches that brackets are configured to interact with alinger to deliver forces to the teeth, such that the bracket taught by Kopelman is configured to function as claimed). Kopelman teaches the invention as substantially claimed and discussed above, however, does not specifically teach the plurality of supports has a tapered width with a narrow end that coupled to the corresponding dental attachment at a breakable region that is configured to be broken to facilitate removal of a corresponding dental attachments from the body and wherein each of the plurality of supports is spaced away from a respective tooth.
Schulhof teaches a method of attaching one or more dental attachments to a dentition, the method comprising placing an attachment placement apparatus 20 on the dentition (see fig. 7), such that a plurality of contoured surfaces 21 of the attachment placement apparatus are aligned with correspondingly shaped tooth surfaces of the dentition (see fig. 2, par. 30), a body of the attachment placement apparatus positions the one or more dental attachments 29 against one or more specified locations on one or more teeth of the dentition (see fig. 7, pars. 37, 43), wherein each of the one or more dental attachments are coupled to a plurality of supports 22 that extend from the body, wherein each of the plurality of supports are spaced away from a respective tooth (see figs. 1-2, 7), the plurality of supports comprising breakable regions configured to be broken to facilitate removal of a corresponding dental attachment form the body (see pars. 27, 37, such that they are configured to break, such as by cutting, see cited definition of break, such as to make or effect by cutting, forcing, or pressing through), wherein the plurality of supports position each of the one or more dental attachments relative to the body of the attachment placement apparatus and securing the one or more dental attachments at the one or more specified locations on the one or more teeth (see abstract, pars. 25, 27, 43). Kopelman/Schulhof teaches the invention as substantially claimed and discussed above, however, does not specifically teach the plurality of supports has a tapered width with a narrow end that couples to a corresponding dental attachment at the breakable region. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the attachment placement apparatus taught by Kopelman to include the support with the breakable regions taught by Schulhof in order to more accurately place the attachments. Kopelman/Schulhof teaches the invention as substantially claimed and discussed above, however, does not specifically teach each of the plurality of supports has a tapered width with a narrow end that is configured to be broken to facilitate removal of the corresponding dental attachment form the body.
Pearlman further a method of orthodontic treatment of a dentition (see abstract), the method comprising placing an attachment placement apparatus 10 on the dentition (see fig. 1) such that a body 10 of the attachment placement apparatus positions one or more dental attachments 12 against one or more specified location on one or more teeth of the dentition (see abstract, fig. 1), wherein the one or more dental attachments 12 are coupled to a support (see annotated figure) that extends from the body, the support attached to a lateral region of the one or more dental attachment (see figs. 1-2, annotated figure), the lateral region being lateral to a center of each of the one or more dental attachments (see figs. 1-2, annotated figure below), wherein the support has a tapered width with a narrow end that couples to a corresponding dental attachment at a breakable region 13 that is configured to be broken to facilitate removal of the corresponding dental attachment from the body (col. 2, ll. 46-53) and the support is spaced away from a respective tooth (see fig. 1), and securing the one or more dental attachments at the one or more specified location on the one or more teeth (see abstract). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the supports taught by Kopelman/Schulhof with the shape of the support taught by Pearlman order to provide a breakable region that is more easily broken. Such that the tapered regions provides or less material in the connection region that would allow for the region to be more easily broken.
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With respect to claim 13, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Pearlman further teaching releasing the one or more dental attachments from the body by breaking the breakable regions of the plurality of supports, wherein breaking the breakable regions comprises applying a compressive or tensile force on the breakable regions without the user of a cutting tool (col. 2, ll. 52-53, col. 3, ll. 51-60, such that the support is connected to the attachment by a frangible joint that can be broken by the hand which would apply a compressive or tensile force).
With respect to claim 16, Kopelman teaches an attachment placement apparatus 100 comprising a body 110 shaped to engage with a patient’s dentition (see fig. 1, abstract, par. 65), wherein the body comprises a plurality of dental attachments 70, that, when worn at specified locations on the patient’s dentition, are capable of engaging with one or more dental aligners to direct repositioning forces from the one or more dental aligners to the patient’s dentition (see cited prior art Chishti 2001/0002310 which teaches that brackets are configured to interact with alinger to deliver forces to the teeth, such that the bracket taught by Kopelman is configured to function as claimed, such that it is noted that the applicant is only claiming the attachments that when worn can interact with a dental appliance as claimed), wherein each of the plurality of dental attachments is entirely within a corresponding aperture of the attachment placement apparatus (see figs. 1, 3b, such that the attachments is within the window); wherein each of the plurality of dental attachments has a lateral region (i.e. the outer edge of the base pad, see annotated figure above with respect to claim 1) that is lateral to a center of each of a corresponding dental attachment, wherein a portion of the lateral region includes an engagement surface (i.e. the outer edge of the bonding pad) that is configured to engage with a dental alinger to apply a predetermined force on a corresponding tooth according to a treatment plan (such the that surface is configured to function as claimed as evidenced by Chishti, par. 140, such that the alinger can grip a surface of the bracket to ensure the proper force, i.e. predetermined, is delivered to the tooth), and a plurality of contoured surfaces shaped in accordance with corresponding surfaces of the patient’s teeth, the plurality of contoured surfaces arranged to place the dental attachments at the specified locations on the patient’s dentition (see fig. 1, par. 65, such that the shell has the contoured surfaces); and a plurality of supports 45 extending from the body and coupled to the lateral regions of each of the dental attachments (see fig. 3b, such that points 451 are supports as the bracket is abutted against the lateral surface of the attachments for alignment), wherein, for each dental attachment, corresponding supports position the corresponding dental attachment within the corresponding aperture (see figs. 1, 3b, pars. 66-67). Kopelman teaches the invention as substantially claimed and discussed above, however, does not specifically teach wherein each of the supports comprises a tapered width with a narrow end that coupled to a corresponding dental attachment at a breakable region that is configured to be broken to facilitate removal of the dental attachment form the body and wherein each of the plurality of supports is spaced away from a respective tooth when the attachment placement apparatus is placed on the patient’s dentition.
Schulhof teaches an attachment placement apparatus 20 to engage with a patient's dentition (see fig. 7), wherein the body comprises a plurality of dental attachments 29, that when worn at specified location on the patient's dentition are capable of engaging with one or more dental appliances to direct repositioning forces (see cited prior art Chishti 2001/0002310 which teaches that brackets are configured to interact with alinger to deliver forces to the teeth, such that the bracket taught by Schulhof is configured to function as claimed, such that it is noted that the applicant is only claiming the attachments that when worn can interact with a dental appliance as claimed), a plurality of contoured surfaces 21 shaped in accordance with corresponding surfaces of the patient's teeth (see fig. 2, par. 30), the plurality of contoured surfaces arranged to place the dental attachment at the specified locations on the patient's dentition (see fig. 7, pars. 37, 43), wherein each of the plurality of dental attachments has a lateral region that is lateral to a center of a corresponding dental attachment, wherein a portion of the lateral region includes an engagement surface that is configured to engage with a dental alinger to apply a predetermined force on a corresponding tooth according to a treatment plan (see cited prior art of Chishti which teaches the brackets are configured to interact with an alinger to deliver forces to the teeth, such that the lateral surface is the bonding pad of Schulhof), a plurality of supports 22 extending from the body and attached to the lateral region of each of the dental attachments, wherein the plurality of supports comprise breakable regions configured to be broken to facilitate removal of the dental attachment from the body (see pars. 27, 37, such that they are configured to break, such as by cutting, see cited definition of break, such as to make or effect by cutting, forcing, or pressing through) and wherein each of the plurality of supports is spaced away form a respective tooth when the attachment placement apparatus is placed on the patient’s dentition (see figs. 1-2, 8). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the attachment placement apparatus taught by Kopelman to include the support with the breakable regions taught by Schulhof in order to more accurately place the attachments. Kopelman/Schulhof teaches the invention as substantially claimed and discussed above, however, does not specifically teach each of the plurality of supports has a tapered width with a narrow end that is configured to be broken to facilitate removal of the corresponding dental attachment form the body.
Pearlman further an attachment placement apparatus 10 (see fig. 1) comprising a body 1, a dental attachment 12, wherein the dental attachment has a lateral region that is lateral to a center of a corresponding dental attachment (the lateral region being the outer lateral edge of the bracket), wherein a portion of the lateral region includes an engagement surface that is configured to engage with a dental alinger to apply a predetermined force on a corresponding tooth according to a treatment plane (see cited art of Chishti and explanation above, such that the bracket is configured to function with an alinger as claimed), a support extending from the body (see annotated figure below) and attached to the lateral region of the dental attachment, wherein the support comprises a tapered width with a narrow end that coupled to a corresponding dental attachment at a breakable region that is configured to be broken to facilitate removal of the dental attachment form the body (col. 2, ll. 46-53). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the supports taught by Kopelman/Schulhof with the shape of the support taught by Pearlman in order to provide a breakable region that is more easily broken. Such that the tapered regions provides or less material in the connection region that would allow for the region to be more easily broken.
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With respect to claim 21, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Kopelman further teaches wherein a shape of a perimeter of at least one dental attachment of the one or more dental attachment is different than a shape of a corresponding aperture (see fig. 2B, such that the aperture 450 has a shape that is different than the attachment 70).
With respect to claim 22, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Kopelman further teaches wherein the plurality of supports are arranged around a periphery of each dental attachment such that one edge of each dental attachment is unobstructed by any of the plurality of supports (see fig. 3B, such that the edges are unobstructed, such that the supports are on the corners of the attachment).
With respect to claim 23, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, Kopelman further teaches each dental attachment has three supports attached thereto, wherein the three supports are arranged around a periphery of each dental attachment such that one edge of each dental attachment is unobstructed by any of the three supports (see fig. 3B, such that it has 3 supports, while there are 4 the claim does not limit to 3 only that three are required, and they are on the corners of the attachment, therefore, the edges are unobstructed by the supports).
With respect to claim 24, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Schulhof teaching each of the plurality of supports is arched along its long axis in a direction away form a respective tooth (see figs. 1-2, 8).
With respect to claim 25, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Schulhof teaching the plurality of supports are integrally formed with each of the one or more corresponding dental attachment as part as a single unitary body (see abstract, pars. 14 and 41-42).
With respect to claim 26, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Kopelman teaching the plurality of supports position the engagement surface of each of the one or more dental attachment within the corresponding aperture (see fig. 3b, explanation above with respect to claim 1 regarding the engagement surface and supports).
With respect to claim 27, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Kopelman teaching the engagement surface corresponds to a flat surface along a perimeter of each of the one or more dental attachments (see fig.3b, explanation above, regarding the engagement surface being the perimeter of bonding pad, fig. 2a clearly shows the perimeter being flat).
With respect to claim 28, Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above including Kopelman teaching the engagement surface corresponds to a flat surface along a perimeter of each of the one or more dental attachments (see fig.3b, explanation above, regarding the engagement surface being the perimeter of bonding pad, fig. 2a clearly shows the perimeter being flat).
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman et al. (2007/0238066) in view of Schulhof et al. (2016/0346063) in view off Perlman (4,134,208) as evidence by Chishti et al. (2001/0002310) as applied to claims 1 and 14 above, and further in view of Chishti et al. (2001/0002310).
Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, however, does not specifically teach the method further comprises placing a dental appliance on the dentition, wherein the dental appliance applies a repositioning force on at least one of the one or more dental attachment for repositioning at least one tooth of the dentition.
With respect to claims 5 and 15, Chishti teaches a method of orthodontic treatment comprising placing dental attachments on the teeth and further comprises placing a dental appliance on the dentition, wherein the dental appliance applies a repositioning force on at least one of the one or more dental attachment for repositioning at least one tooth of the dentition (see pars. 140-141). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the method taught by Kopelman/Rosenberg/Pearlman/Schulhof to include the step of placing a dental appliance on the dentition as taught by Chishti in order to apply the desired forces to the teeth to achieve the desired treatment outcome.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman et al. (2007/0238066) in view of Schulhof et al. (2016/0346063) in view of Perlman (4,134,208) as applied to claims 1 and 14 above, and further in view of Rosenberg (2006/0093984).
Kopelman/Schulhof/Pearlman teaches the invention as substantially claimed and discussed above, however, does not specifically teach wherein the one or more dental attachments are made from a different material from the plurality of contoured surface as the plurality of supports.
Rosenberg teaches an attachment placement apparatus comprising a body 30 shaped to engage with a patient’s arch (par. 51), wherein the body comprises a plurality of dental attachments 20 that when worn at specified locations on the patient’s dentition, engage with one or more dental appliances 36 to direct repositioning force from the one or more dental appliances to the patient’s dentition, a support 32 extending form the body and attached to lateral regions of each of the dental attachment (see fig. 6), the lateral regions being lateral to a center of each of the one or more dental attachment, wherein each of the plurality of supports comprises a breakable region 34 that is configured to be broken to facilitate removal of the corresponding dental attachment from the body (see par. 51).
With respect to claim 9, Rosenberg further teaches wherein the one or more dental attachments are made from a different material as the plurality of contoured surfaces and the plurality of supports (see pars. 49, 51, such that the attachment can be made from metal and the contoured surface can be made from thermoplastic). It would have been obvious to one having ordinary skill in the art to modify Kopelman/Schulhof/Pearlman with the teaching of Rosenberg to make the elements out of different materials as a matter of obvious design choice. Such that a cheaper material can be used to make the body since it will be disposed of after use in order to save money.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed April 23, 2026 have been fully considered but they are not persuasive. The applicant argues that the prior art of Kopelman, Schulhof, and Pearlman does not teach the claimed lateral region including an engagement surface “the is configured to engage with a dental alinger to apply a predetermined force on a corresponding tooth according to a treatment plan”. However, it is noted that the limitation is mostly functional. While the limitation does require an engagement surface, the engagement surface only has to be capable of functioning as claimed. It is noted that the prior art of Christi has been cited to show that an alinger can be designed to grip a bracket that is attached to the tooth in order to deliver a predetermined force to the tooth (see pars. 140-141). Further the prior art of Kuo (2013/0209952) has also been cited to teach that brackets have engagement surfaces that engage with aligners to deliver desired/predetermined forces to the teeth (see par. 57, specifically “Brackets can be selected with one or more surfaces that contact or even engage a surface of an aligner.”). Therefore, it is noted that the bracket of Kopelman teaches an engagement surface as claimed, such that the lateral surfaces of the bracket bonding pad are configured to function as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Witte has been cited to teach an indirect bonding tray is known to be used for bonding traditional orthodontic brackets and alinger attachments.
The prior art of Kuo (both Kuo references) teaching the use of orthodontic brackets with an alinger.
The prior art of Choeng teaching the use of an orthodontic alinger with an orthodontic bracket base
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEIDI MARIE EIDE whose telephone number is (571)270-3081. The examiner can normally be reached Mon-Fri 9:00-4:00.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 5/12/2026
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