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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Figure 6: 111b, 111c, and 111d.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 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 3 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.
Claim 3 recites the limitation "a pair of the crossing protrusions" in lines 1-2 which renders the claim indefinite as it is unclear how many crossing protrusions are being recited as the claim depends from claim 1, which recites “crossing protrusions formed at a front end of the cover body which faces a second side of the slot, the crossing protrusions protruding forward and being spaced apart in a direction of right and left” in lines 10-12. The Examiner notes, “a pair of the crossing protrusions” will be interpreted as 2 crossing protrusions.
Claim 4 recites the limitation "a step" in line 2 which renders the claim indefinite as it is unclear what is intended by “step” and if Applicant intends to claim a smooth continuous surface of the crossing protrusion to the bottom of the cover body or if there is a discontinuous surface in another plane.
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 6 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.
Claim 6 depends from Claim 5, claim 5 recites that the front of the bottom of the protrusion has a slope, which claim 6 recites.
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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shannon et al. (US 20220331068, hereinafter Shannon).
Regarding Claim 1, Shannon discloses an orthodontic bracket (1000; figures 10a-10c) comprising: a bracket body (1004; figures 10a-10c) having a slot (1010; figures 10a-10c) formed through the bracket in a direction of right and left (figures 10a-10c); and a bracket cover (1002; figures 10a-10c) movably provided on the bracket body to open and close a top of the slot (figures 10a-10c; paragraph [0058]), wherein the bracket cover includes: a cover body provided at a first side (see illustrated figure 10b) of the slot for moving forward and backward across the slot (paragraph [0058]); and crossing protrusions (1042; figures 10a-10c) formed at a front end (see illustrated figure 10b) of the cover body which faces a second side of the slot (see illustrated figure 10b; Figure 10b), the crossing protrusions protruding forward and being spaced apart in a direction of right and left (figures 10a-10c).
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Regarding Claim 2, Shannon discloses the orthodontic bracket as claimed in Claim 1. Shannon discloses the crossing protrusions are symmetrical (figures 10a-10c).
Regarding Claim 3, Shannon discloses the orthodontic bracket as claimed in Claim 1. Shannon discloses a pair of the crossing protrusions (both 1042; figures 10a-10c) are provided at the front end of the cover body (figure 10b), one of the crossing protrusions is formed at the left portion of the front end of the cover body with a predetermined gap from the center of the front end of the cover body (figure 10b), and the other one is formed at the right portion of the front end of the cover body with a predetermined gap from the center of the front end of the cover body (figure 10b). The predetermined gap is predetermined such that it is determined before manufacturing the cover.
Regarding Claim 4, Shannon discloses the orthodontic bracket as claimed in Claim 1. Shannon discloses the bottoms of the crossing protrusion are connected to the bracket cover without a step (Figure 10b; the Examiner notes that “step” is being interpreted as a discontinuous, flat surface between two vertical surfaces, as shown in figure 10B there is a smooth continuous surface ).
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Regarding Claim 5, Shannon discloses the orthodontic bracket as claimed in Claim 1. Shannon discloses the bottoms of the crossing protrusions have a slope that is higher at the front (see illustrated Figure 10b; the Examiner notes that while the slopes appear to be identical in Figure 10B, however, as illustrated in figure 10b, the slope varies across the bottom of the protrusion, creating different slopes at the front and back of the protrusion).
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Regarding Claim 6, Shannon discloses the orthodontic bracket as claimed in Claim 5. Shannon discloses the slope is formed at the front portion of the bottom of the crossing protrusions (figure 10b).
Regarding Claim 7, Shannon discloses the orthodontic bracket as claimed in Claim 5. Shannon discloses the slope has a round shape (Figure 10b).
Claims 1, 4-8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lopes (US 20170135787).
Regarding Claim 1, Lopes discloses an orthodontic bracket (figures 1a-12) comprising: a bracket body (9; figure 3) having a slot (4; figures 1a-15) formed through the bracket in a direction of right and left (figures 2-3); and a bracket cover (5; figures 1a-15) movably provided on the bracket body to open and close a top of the slot (figures 2-3; paragraph [0075]), wherein the bracket cover includes: a cover body provided at a first side (see illustrated figure 7) of the slot for moving forward and backward across the slot (paragraph [0075]); and crossing protrusions (see illustrated figure 4a) formed at a front end (see illustrated figure 4a) of the cover body which faces a second side of the slot (see illustrated figure 7; Figures 1a-15), the crossing protrusions protruding forward and being spaced apart in a direction of right and left (figures 2-12).
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Regarding Claim 4, Lopes discloses the orthodontic bracket as claimed in Claim 1. Lopes discloses the bottoms of the crossing protrusion are connected to the bracket cover without a step (Figure 13; the Examiner notes that “step” is being interpreted as a discontinuous, flat surface between two vertical surfaces, as shown in figure 13 there is a smooth continuous surface ).
Regarding Claim 5, Lopes discloses the orthodontic bracket as claimed in Claim 1. Lopes discloses the bottoms of the crossing protrusions have a slope that is higher at the front (see illustrated Figure 13).
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Regarding Claim 6, Lopes discloses the orthodontic bracket as claimed in Claim 5. Lopes discloses the slope is formed at the front portion of the bottom of the crossing protrusions (figure 13).
Regarding Claim 7, Lopes discloses the orthodontic bracket as claimed in Claim 5. Shannon discloses the slope has a round shape (Figure 13).
Regarding Claim 8, Lopes discloses the orthodontic bracket as claimed in Claim 1. Lopes discloses tops of the crossing protrusions have a slope (figure 15) that becomes lower toward the center of the front end of the bracket cover (figure 15), and outer portions of the crossing protrusions are thicker than inner portions of the crossing protrusions (see illustrated figure 4a).
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Claims 1-4 and 11-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Koo et al. (US 20180092716, hereinafter Koo).
Regarding Claim 1, Koo discloses an orthodontic bracket (100; figures 1-20) comprising: a bracket body (110; figure 1) having a slot (126; figure 1) formed through the bracket in a direction of right and left (figure 6); and a bracket cover (160; figures 1-4) movably provided on the bracket body to open and close a top of the slot (figures 13-18; paragraph [0074]), wherein the bracket cover includes: a cover body provided at a first side (see illustrated figure 18) of the slot for moving forward and backward across the slot (figures 14-18); and crossing protrusions (174; figures 10-12) formed at a front end (see illustrated figure 18) of the cover body which faces a second side of the slot (see illustrated figure 18; Figure 10b), the crossing protrusions protruding forward and being spaced apart in a direction of right and left (figure 10).
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Regarding Claim 2, Koo discloses the orthodontic bracket as claimed in Claim 1. Koo discloses the crossing protrusions are symmetrical (figures 10-12).
Regarding Claim 3, Koo discloses the orthodontic bracket as claimed in Claim 1. Koo discloses a pair of the crossing protrusions (both 174; figures 10-12) are provided at the front end of the cover body (figures 10, 12, and 18), one of the crossing protrusions is formed at the left portion of the front end of the cover body with a predetermined gap from the center of the front end of the cover body (figure 12), and the other one is formed at the right portion of the front end of the cover body with a predetermined gap from the center of the front end of the cover body (figure 12). The predetermined gap is predetermined such that it is determined before manufacturing the cover.
Regarding Claim 4, Koo discloses the orthodontic bracket as claimed in Claim 1. Koo discloses the bottoms of the crossing protrusion are connected to the bracket cover without a step (Figures 10-12; the Examiner notes that “step” is being interpreted as a discontinuous, flat surface between two vertical surfaces, as shown in figure 11 there is a smooth continuous surface ).
Regarding Claim 11, Koo discloses the orthodontic bracket as claimed in Claim 1. Koo discloses the crossing protrusions is configured to move up and down (figures 17-18; paragraphs [0047] and [0081]) within a predetermined range (figures 17-18; paragraphs [0047] and [0078]-[0080]) while the bracket cover is moved from an open position to a closed position (figures 17-18).
Regarding Claim 12, Lopes discloses the orthodontic bracket as claimed in Claim 11. Lopes discloses an elastic member (152; figures 1 and 13-18; paragraphs [0039], [0059],[0080], and [0081]) provided at a front half (figure 15) of the bracket cover to move with the bracket cover (figures 14-18; paragraphs [0038], [0047] and 0078]-[0081]), protruding under the bracket cover (Figures 17-18), and supported by the bracket body (figures 17-18).
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shannon et al. (US 20220331068, hereinafter Shannon).
Regarding Claim 9, Shannon discloses the orthodontic bracket as claimed in Claim 1. Shannon discloses a counter-body having engaging recesses (1040; figures 10a-10c; paragraph [0058]), in which the crossing protrusions are fitted when the bracket cover is closed, and provided opposite to the cover body to face the crossing protrusions (paragraph [0058]).
Shannon does not disclose a cover support having guide rails that guides sliding of the bracket cover, and provided at the first side of the slot to support the bracket cover.
Shannon, in another embodiment, discloses an orthodontic bracket (504; figures 5a-5c), the bracket body includes: a cover support (figure 5b) having guide rails (520; figure 5b) that guides sliding of the bracket cover, and provided at the first side of the slot to support the bracket cover (Figure 5b; paragraph [0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the bracket body of Shannon in have a cover support having guide rails that guides sliding of the bracket cover, and provided at the first side of the slot to support the bracket cover as taught by Shannon in order to have a complementary structure for the cover body and help guide the movement of the cover body with respect to the cover support (paragraph [0045]).
Regarding Claim 10, Shannon as modified discloses the orthodontic bracket as claimed in Claim 9. Shannon discloses tops of front end of the crossing protrusions have an upward convex shape to be locked to the engaging recesses (1040; figures 10a-10c; paragraph [0058]); and the engaging recesses have locking bumps (see illustrated figure 10a; paragraph [0058] discloses the protrusion and the recess are matching in nature – therefore at the edge of the recess where it is rounded to have the same curvature is the “bump” shown in figure 10a) formed at the upper portions of the engaging recesses for accommodating the tops of front end and preventing separation of the crossing protrusions by locking the front end (Figure 10b; paragraph [0058] discloses the recess is shaped in a complementary manner to increase the engagement between the recess and the connector and would therefore have a “locking bump” by matching the convex nature of the crossing protrusion 1042).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached 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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/SYDNEY J PULVIDENTE/ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
9/30/2025