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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Priority date of 12/31/2021 is applied.
Specification
The disclosure is objected to because of the following informalities: Paragraph 1 recites : “This application is a continuation in part of commonly owned US Patent Application Serial No. 17/659,179, entitled: MATRICES INCLUDING CROWNS FOR DENTAL RESTORATION, filed on April 14, 2022, which is a continuation in part application of commonly owned US Patent Application Serial No. 17/646,681, entitled: MATRICIES FOR DENTAL RESTORATION, filed on December 31, 2021, which is a continuation in part application of commonly owned U.S. Patent Application Serial No. 17/173,216, entitled: MATRICIES FOR DENTAL RESTORATION, filed on Feb. 11, 2021, which is a Divisional of commonly owned U.S. Patent Application Ser. No. 15/856,087”, however the current application is not a continuation in part of any of the provided applications.
Appropriate correction is required.
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.
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.
Claims 35-39, 42, 45-46, 49, 52-54, 56-61, 63, and 68 are rejected under 35 U.S.C. 103 as being unpatentable over Mishaeloff (US 2019/0201165) in view of Tofflemire (US 2,611,182).
Regarding claim 35, Mishaeloff discloses a matrix for a dental treatment (matrix 10, figures 1-12 and abstract) comprising:
a facial member for covering a tooth including a facial portion (12) configured for covering the tooth along a buccal surface of the tooth (par 6) and a cap (17) for covering at least a portion of a chewing surface of the tooth (par 6) and extending toward the lingual surface of the tooth (see figure 4), the facial member (12/17) configured in a shape corresponding to the shape of the tooth and to cover the tooth by extending from a first end for positioning at least proximate to the gum (see figure 4 and par 47), to a second end for positioning beyond the chewing surface of the tooth (17y, see figure 4), such that a cavity (54) is created between the facial member and the tooth (see figure 4), and, at least one aperture (aperture 28) in the facial member (see figure 4); and
first and second tab members (tabs 18a/b, 32a/32b) disposed on opposite sides of the facial member (see figure 2A-B), each of the first and second tab members (18a/b) extending outward from the facial member (par 5 discloses the positioning between the facial member and the tooth on opposite sides of the tooth of interest) and of a thickness for fitting between the covered tooth and each of the respective adjacent teeth, to maintain the matrix in place (par 18 discloses the thickness of the tabs frictionally fit between the covered tooth and adjacent teeth), the first and second tab members (18a/b) including:
a first edge for positioning at least proximate to the gum (gingival edge 14, see par 47);
a second edge, oppositely disposed from the first edge (18b/18bx);
at least a portion of each of the first- and second- tab members including a cut-out portion (30 a/b) along the first edge (see figure 1B), the cut-out portion (30a/b) configured for seating the
matrix at least proximate to the gum, to allow the matrix to be moved by pivoting about the gum to adjust the dimensions of the cavity (par 56); and,
each of the first and second tab members (18a/b, 32a/b) configured for being bent inward, such that each of the first and second tab members forms a gripping portion (56, see par 58), which when moved adjusts the dimensions of the cavity (par 56).
Mishaeloff fails to disclose the first and second tab members being a metal material.
Tofflemire teaches a first and second tab member (arms 15) made of a metal material (col 3, lines 17-20) for the purpose of maintaining a desired pressure of tension inherent to a steel/metal band (col 2, lines 11-15).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mishaeloff to have the first and second tab members being a metal material as taught by Tofflemire for the purpose of providing a desired pressure or tension inherent to a steel or metal on the facial surface of the restoration.
Regarding claim 36, Tofflemire further teaches the metal material includes stee (see col 3, lines 17-20), for the reasons set forth above.
Regarding claim 37, Mishaeloff further teaches the cap includes the at least one aperture (see figure 4).
Regarding claim 38, Mishaeloff discloses the each of the tab members is an integral member (par 13).
Regarding claim 39, Mishaeloff discloses the facial portion (12) includes oppositely disposed lateral edges (16a/b), and the first tab member and the second tab member (18a/b) each extend from the respective oppositely disposed lateral edge (see figure 10A).
Regarding claim 42, Mishaeloff discloses at least the facial portion includes a an ultraviolet (UV) light transmissive material (par 12-13).
Regarding claim 45, Mishaeloff discloses the facial portion includes an outer buccal surface and an inner dental surface, and the inner dental surface is textured so as to replicate the texture of the tooth (par 15).
Regarding claim 46, Mishaeloff discloses the at least one aperture includes a plurality of apertures (two apertures 128).
Regarding claim 49, Mishaeloff discloses the first and second tab members include: a tab, (18 a/b) at least a portion of the tab including the cut-out portion (30a/b); a wing (32a/b) extending from the tab (see figure 3); and the tab meets the wing at a fold line (33 a/b), the wing of each tab member being bendable about the fold line to form the gripping portion (56, see figure 6B).
Regarding claim 52, Mishaeloff discloses a matrix for a dental treatment (matrix 10, figures 1-12 and abstract) comprising:
a facial member (12) for covering a tooth, at least a portion of the facial member configured to cover the tooth such that a cavity (54) is created between the facial member and the tooth (see figure 4 and par 6), and the portion of the facial member that forms the cavity is includes at least one aperture (28); and,
first and second tab members (18 a/b, 32a/32b) on opposite sides of the facial member (see figures 2A-B), each of the first and second tab members (18 a/b) extending outward and of a thickness for frictionally fitting between the covered tooth and each of the respective adjacent teeth, to maintain the matrix in place (par 18 discloses the thickness of the tabs frictionally fit between the covered tooth and adjacent teeth); and,
at least a portion of each of the first and second tab members (18 a/b, 32a/b) including a cut-out portion (30 a/b) configured for seating the matrix at the gum, and allowing the matrix to be moved about the gum to adjust the dimensions of the cavity (par 56), at a first end of the tab member, each of the first and second tab members configured for being bent inward, such that each second end of the tab member forms a gripping portion, which when moved adjusts the dimensions of the cavity (par 56-58).
Mishaeloff fails to disclose the first and second tab members being a metal material.
Tofflemire teaches a first and second tab member (arms 15) made of a metal material (col 3, lines 17-20) for the purpose of maintaining a desired pressure of tension inherent to a steel/metal band (col 2, lines 11-15).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mishaeloff to have the first and second tab members being a metal material as taught by Tofflemire for the purpose of providing a desired pressure or tension inherent to a steel or metal on the facial surface of the restoration.
Regarding claim 53, Mishaeloff discloses the facial member includes a facial portion (12) configured for covering the tooth along the buccal surface (par 6), and a chewing surface cap (17) extending from the facial portion and configured for covering at least the chewing surface of the tooth, the chewing surface cap including the at least one aperture (see figure 4).
Regarding claim 54, Mishaeloff discloses the metal material includes steel and/or each of the tab members is an integral member (par 13 discloses the tab members being integral).
Regarding claim 56, Mishaeloff discloses the facial portion (12) includes oppositely disposed lateral edges (16a/b), and the first tab member and the second tab member (18a/b) each extend from the respective oppositely disposed lateral edge (see figure 10A).
Regarding claim 57, Mishaeloff discloses the first and second tab members include: a tab, (18 a/b) at least a portion of the tab including the cut-out portion (30a/b); a wing (32a/b) extending from the tab (see figure 3); and the tab meets the wing at a fold line (33 a/b), the wing of each tab member being bendable about the fold line to form the gripping portion (56, see figure 6B).
Regarding claim 58, Mishaeloff discloses a method for repairing a tooth (par 18) comprising:
providing a matrix for a dental treatment (par 18) comprising:
a facial member for covering a tooth (facial portion 12/cap 17), at least a portion of the facial member of a light transmissive material (par 12) and at least a portion the facial material configured to cover the tooth such that a cavity is created between the facial member and the tooth, and the portion of the facial member that forms the cavity is includes at least one aperture; (28, see figures 2A-B) and first and second tab members (18 a/b and 32 a/b) disposed on opposite sides of the facial member (see figures 2A/B), each of the first and second tab members extending outward(see figures 2A/B) and of a thickness for frictionally fitting between the covered tooth and each of the respective adjacent teeth, to maintain the matrix in place (par 18 discloses the thickness of the tabs frictionally fit between the covered tooth and adjacent teeth), and,
at least a portion of each of the first and second tab members including a cut-out portion (30a/b) configured for seating the matrix at the gum, and allowing the matrix to be moved about the gum to adjust the dimensions of the cavity (par 56), at a first end of the tab member, each of the first and second tab members configured for being bent inward, such that each second end of the tab member forms a gripping portion, which when moved adjusts the dimensions of the cavity (par 56-58);
placing the matrix over a tooth to form a cavity between the tooth and the facial member (par 18);
bending the first and second tab members inward to surround the tooth (see par 18 and figure 6B);
placing a curable material into the cavity (par 25); and,
curing the curable material to form a veneer on the tooth (par 61).
Mishaeloff fails to disclose the first and second tab members being a metal material.
Tofflemire teaches a first and second tab member (arms 15) made of a metal material (col 3, lines 17-20) for the purpose of maintaining a desired pressure of tension inherent to a steel/metal band (col 2, lines 11-15).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mishaeloff to have the first and second tab members being a metal material as taught by Tofflemire for the purpose of providing a desired pressure or tension inherent to a steel or metal on the facial surface of the restoration.
Regarding claim 59, Mishaeloff discloses the facial member (12) includes a gingival edge (14) at an end opposite the end with the at least one aperture (see figure 1A); and
the method additionally comprises placing the gingival edge into contact with the tooth below the gum line (par 10).
Regarding claim 60, Mishaeloff discloses removing the matrix from the tooth (par 20).
Regarding claim 61, Mishaeloff discloses the curing is performed by applying Ultraviolet (UV) light to the curable material (par 22).
Regarding claim 63, Mishaeloff discloses the bending the first and second tab members inward includes bending the second ends of each of the tab members outward to form a gripping portion for the matrix and moving the matrix at the gripping portion to adjust the dimensions of the cavity and control the thickness of the veneer; and/or 2) bending the first and second tab members inward to surround the tooth creates at least one of a palatal shell for upper teeth or a lingual shell for lower teeth for building missing portions of the tooth (par 23-24).
Regarding claim 68, Mishaeloff discloses the metal material includes steel and/or each of the tab members is an integral member (par 13 discloses the tab members being integral).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached reference cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNEL N BELK whose telephone number is (571)272-9671. The examiner can normally be reached Mon. -Fri. 11:30 am - 3:30 pm.
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.
/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
3/6/2026