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 with traverse of Species A in the reply filed on January 9, 2026 is acknowledged. The traversal is on the grounds that Zhang does not represent the prior at as a special technical feature . This is not found persuasive because the examiner maintains that the species restriction is proper in view of Zhang as described in the restriction requirement, and that the special technical feature does not encompass the traction component and the trench.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement filed May 17, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The English translation of the International Search Report has not been provided. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
The disclosure is objected to because of the following informalities: in the specification, multiple element numbers are used for the traction component. In [0053] the traction component is cited as element 170 and in [0043] the traction component is cited as element 113.
Appropriate correction is required.
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.
Claims 1-18 are 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 Claims 1 and 5, the term “linkagedly connected” is used. It is unclear what this term means and exactly how components are linkagedly connected. The specification does not provide a special definition for this term. For the purpose of examination, any components that are connected will be considered “linkagedly connected.”
All claims not specifically addressed above are rejected based on their dependency on Claim 1.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over WO2019/210797 (hereinafter ‘797) in view of Alqahtani (US 11,246,683).
Regarding Claim 1, ‘797 discloses an orthodontic appliance comprising a main body portion (Figure 1,1), a transmission component (51), and a position occupying component (Figure 11, 6) disposed independently of each other, where the main body portion is disposed with a trench (Figure 8, space below transmission component 51) and a containing cavity (space above 51) is openly formed and connected to the trench (as seen in Figure 7 where 51 is not engaged), the containing cavity accommodating the transmission component (as seen in Figures 7 and 8), the position occupying component disposed in the trench or disposed in the containing cavity and the trench (as seen in Figure 11), and the transmission component linkagedly connected to the position occupying component (at 61). ‘797 further discloses that the transmission component is provided with a transmission fitting member (Figure 10, 54) configured to linkagely connect a screwing tool (not shown, but the transmission fitting member would connect with a tool for actuation), and the transmission component drives the position occupying component to at least partially enter or exit the trench or move in the trench along a trench width direction to change an effective space of the trench (as seen in Figures 7 and 8). ‘797 fails to disclose a traction component where the traction component is detachably connected to the containing cavity and/or the transmission component. In the same art of orthodontic devices, Alqahtani discloses a traction component (Figure 1, where attachment member/hook 130 is detachably connected to the bracket as described in Column 5, lines 39-54). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of ‘797 with the traction component of Alqahtani in order to allow elastics to be applied to the device to apply additional forces to the teeth as desired or needed. As the traction component/attachment member of Alqahtani is detachably connected to the bracket, in the device of ‘797 as modified by Alqahtani it would be indirectly detachable from the containing cavity and/or the transmission component.
Regarding Claim 2, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and Alqahtani further discloses that the traction component is detachably connected to the containing cavity through snap-fitting, screwing, or interference-fitting, and/or, the traction component is detachably connected to the transmission component through snap-fitting or interference-fitting (Column 5, lines 50-55 disclose a snap-fit connection for the traction component). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to utilize a snap-fit connection for the traction component of ‘797 in view of Alqahtani in order to provide a connection that is secure and yet easily removable.
Regarding Claim 3, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and ‘797 further discloses that the containing cavity is disposed with a limiting structure (Figure 6, groove at 511 would be the limiting structure), so that the transmission component rotates in the containing cavity but does not move axially and the position occupying component is limited by the containing cavity and/or the trench and does not rotate (as seen in Figures 7 and 8).
Regarding Claim 4, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and ‘797 further discloses that the containing cavity penetrates through surfaces of the trench and the main body portion, and an opening of the containing cavity is disposed on a gingival surface of the main body portion (as seen in Figure 8, containing cavity extends to an opening that would be disposed on the gingival surface – see annotated Figure 7 below) .
Regarding Claim 5, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and ‘797 further discloses that the transmission component is a screw rod or a threaded bushing, and the screw rod or the threaded bushing is linkagedly connected to the position occupying component by screw connection (as seen in Figure 7 where 51 is seen as threaded and is connected to the position occupying component 6).
Regarding Claim 6, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 5, and ‘797 further discloses that the position occupying component comprises a moving member (Figure 11, 513), and the moving member is provided with an internal thread (recess formed by 61 can be considered an internal thread), and correspondingly, an end of the screw rod or an outer wall of the threaded bushing is provided with an external thread (end of drive rod 5 as seen in Figure 11 has an external thread at 62 that corresponds to internal thread).
Regarding Claim 7, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and ‘797 further discloses that the transmission fitting member is a gear, a non-circular protrusion, or a non-circular hole (as seen in Figure 10, the transmission fitting member 54 is a non-circular protrusion).
Regarding Claim 8, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and ‘797 further discloses that the trench divides the main body portion into two working wings (see annotated Figure 7), the containing cavity is disposed on any one of the working wings or penetrates the trench to be disposed on the two working wings (see annotated Figure 7), the transmission component and the position occupying component are disposed on a same working wing of the two working wings, or the transmission component and the position occupying component are disposed on the two working wings, respectively (as seen in Figure 7).
Regarding Claim 9, ‘797 in view of Alqahtani discloses the orthodontic appliance of claim 1, and ‘797 further discloses a bottom plate (see annotated Figure 7) that is disposed on a bottom surface of the main body portion, and a cover body portion (see annotated Figure 7) that is disposed on a surface of the main body portion.
Regarding Claims 10-18, Claims 1-9 disclose an orthodontic appliance of ‘797 in view of in view of Alqahtani as claimed, and ‘797 further discloses an archwire (Figure 7, 4) accommodated in the trench of the orthodontic appliance.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE L NELSON whose telephone number is (571)270-5368. The examiner can normally be reached M - F 7:30-4:30 PT.
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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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/CHRISTINE L NELSON/ Examiner, Art Unit 3772 /EDWARD MORAN/Primary Examiner, Art Unit 3772
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