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 I in the reply filed on 1/9/26 is acknowledged. The traversal is on the ground(s) that the species are not independent and distinct, but rather only varying in breadth and scope. This is not found persuasive because it is clear that in Species I, the traction component can be disengaged from the transmission component, and still remain connected to the bracket. See figure 10 and paragraph 53 of the instant specification. This is clearly an independent and distinct embodiment, which is constructed and operates differently from the embodiment of Species II, in which the traction component is not constrained by the bracket. Claims 1-18 will be examined. It is noted that, while the independent claim is currently generic to both embodiments, any future amendments attempting to narrow the claim breadth to only Species II will be treated as non-responsive.
The requirement is still deemed proper and is therefore made FINAL.
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 claim 1, line 1, “characterized by comprising” is confusing. It is suggested that “characterized by” be deleted.
In claims 2,3 and 4, all recitations of “transmission fitting member” are unclear. It is assumed that the “transmission fitting member” is designated by reference numeral 151 in the drawings. However, the instant specification refers to this element as “transmission fitting portion”, as well as “transmission adaptation bit”. These terms should all be amended so that they are consistent.
Claim 4 is unclear. Line 2 recites that the transmission component is connected to the engaging end of the traction component, but then in line 3 the claim recites that “the engaging end of the traction component is not engaged with the transmission fitting member…”. It appears that line 2 should be amended to read –when the transmission component is not connected to the engaging end of the traction component…”, and will be treated as such for purposes of this office action.
Claim Rejections - 35 USC § 102
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 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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 109091254 (cited by applicant, hereafter CN 254).
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With regard to claim 1, CN 254 discloses an orthodontic appliance, comprising a main body portion 11 and a traction component (not shown but inherent, whatever tool may be used to drive element 54, including potentially the hand of a user), a transmission component 51, and a position occupying component 6 (see also fig. 11) disposed independently of each other, wherein the traction component is detachably connected to the transmission component 51 to perform switching between a working state and a non-working state (a tool or a hand of a user can grasp element 54 to move it axially); the transmission component 51 and the position occupying component 6 are disposed at the main body portion 11, the transmission component 51 is linkagely connected to the position occupying component 6 (see fig. 11), the main body portion 11 is disposed with a trench (see above annotated figure), when an effective space of the trench needs to be changed, the traction component (a tool or a hand of a user) is linkagely connected to the transmission component 51, thereby driving the position occupying component 6 to at least partially enter or exit the trench or move in the trench along a trench width direction (see also fig. 6, which shows the position occupying component 6 in an intial position prior to movement), so as to change the effective space of the trench; when the position occupying component 6 is driven to be moved, the working state or the non-working state is not switched by the traction component.
With regard to claim 2, note that the transmission component 51 is disposed with a transmission fitting member 54, and correspondingly, the traction component (a tool or a hand of a user) is disposed with an engaging end (inherent), when the engaging end of the traction component is engaged with the transmission fitting member 54, the traction component is linked to the transmission component 51.
With regard to claim 3, note that the transmission fitting member 54 is a protrusion with a non-circular cross-section. See fig. 3.
With regard to claim 4, note that wherein when the transmission component 51 is not connected to the engaging end of the traction component (a tool or a hand of a user), the engaging end of the traction component is not engaged with the transmission fitting member 54, and the traction component does not link the transmission component 51.
With regard to claim 5, note that the main body portion 11 is disposed with a containing cavity (see below annotated figure) openly formed and communicated with the trench, the position occupying component is disposed in the trench (when deployed), and the traction component (a tool or a hand of the user) connects the transmission component.
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With regard to claim 8, note that trench divides the main body portion 11 into two working wings (see above annotated figure), the containing cavity is disposed on any one of the working wings (see above, is disposed on the left wing); the transmission component 51 and the position occupying component 6 are disposed on a same working wing (the left wing, see above) of the two working wings.
With regard to claim 9, note that a bottom plate is further comprised, and the bottom plate is disposed on a bottom surface of the main body portion 11 (see above annotated figure); a cover body portion is further comprised, and the cover body portion is disposed on a surface of the main body portion (see above annotated figure).
With regard to claims 10-14,17,18, note that CN 254 discloses an orthodontic system comprising an archwire 4 and an orthodontic appliance as claimed in claims 1-5,8,9. See fig. 8.
Allowable Subject Matter
Claims 6,7,15,16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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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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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772