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 without traverse of Invention I and Species A in the reply filed on 12/24/25 is acknowledged.
Claims 12-16 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/24/25.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “positioning elements” in claim 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
Claim(s) 1, 3-11 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sagolla et al (US 2017/0367798 A1).
Regarding the above claims, Sagolla et al discloses a try-in denture base (1; see [0046]) comprising one or more receptions (2) for receiving basal sections of artificial teeth of a plurality of artificial teeth (4), a first reception (A, below) of the one or more receptions being configured to receive two or more basal sections of two or more artificial teeth of the plurality of artificial teeth, a reception volume provided by the first reception being larger than a combination of basal volumes of the two or more basal sections of the two or more artificial teeth to be received by the first reception (e.g. each tooth receiving area is larger than said tooth, see [0025], [0052]), the first reception forming a continuous open space configured to enable a relative movement of the two or more basal sections of the two or more artificial teeth within the first reception towards and away from each other (e.g. each tooth can be moved toward or away from each other; continuous open space formed between two areas of A as shown below; note: any continuous open space is not required to have the same depth across its entire expanse). Sagolla et al additionally discloses wherein the first reception comprising a plurality of first positioning elements (B) configured to position the two or more basal sections of the two or more artificial teeth at pre-defined positions within the first reception (per claim 3); wherein the first positioning elements being arranged at an oral backwall of the first reception (at C, wall is located in the back of the mouth; per claim 4); wherein the first positioning elements being provided in form of pins extending from the oral backwall (see below) of the first reception in vestibular direction (elements have a dimension which extends in the vestibular direction; per claim 5); wherein the first positioning elements comprising pre-determined breaking sections (at D) configured to enable the adjusting of the positions of the two or more artificial teeth starting from the pre-defined positions by a breaking of the first positioning elements at the pre-determined breaking sections (e.g. elements can be broken by cutting, chiseling or scraping at junction D where they meet the denture base, or at any other point, thereby enabling additional adjustments of the positions, if so desired; capable of being used as such; per claim 6); wherein the try-in denture base further comprising in addition to the first reception, one or more second receptions (E) configured to receive single basal sections of single artificial teeth of the plurality of artificial teeth, the one or more second receptions comprising openings configured to receive the single basal sections with cross-sections matching cross-sections of the single basal sections to be received (the cross sections match the cross sections of the teeth as they “resemble [one] another in some respect” (see broadest reasonable interpretation of “match”, dictionary.com, meeting the limitations of the claims; per claim 7); wherein the try-in denture base comprising a plurality of first receptions configured to receive two or more basal sections of two or more artificial teeth of the plurality of artificial teeth (see reception F, which per claim 8 is interpreted as an additional first reception); wherein the try-in denture base comprising a single first reception configured to receive two or more basal sections of two or more artificial teeth of the plurality of artificial teeth (e.g. according to alternate interpretation where reception F is interpreted as a third or additional reception; the Examiner notes that claims do not exclude such alternative interpretation; per claim 9); and wherein the try-in denture base being made from plastic (see [0069], per claim 10).
Regarding claim 11, Sagolla et al discloses a try-in denture assembly (see Figs. 1-3) comprising the try-in denture base of claim 1 (see above), the try-in denture assembly further comprising the plurality of artificial teeth (4). Sagolla et al further discloses wherein the artificial teeth of the plurality of teeth being arranged in the one or more receptions of the try-in denture base (see Figs. 2-3; per claim 17); and wherein the try-in denture base further comprising wax (8) being arranged in the first reception around the two or more basal sections of the two or more artificial teeth received by the first reception (see [0022] disclosing the use of a “wax type” material which would encompass wax or any suitable wax containing material, which read on the claimed “wax”; per claim 18).
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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.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sagolla et al.
Regarding claim 2, Sagolla discloses that the reception volume is larger than the combination of basal volumes of the tow or more basal sections of the two or more teeth in the first reception (in order to allow the movement as described above), but does not explicitly disclose the volume being at least 10% and at most 30% larger as required. However, the Examiner notes that the instant range is a result effective variable dependent on the desired degree of customization desired vs the amount of work required to set up the teeth. Additionally, the Examiner notes that the instant range is described as merely preferable in the instant disclosure and lacks any specific criticality (see [0019]-[0020] of instant disclosure). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Sagolla to specifically include a reception volume at least 10% and at most 30% larger than the volume of the teeth, as such modification would merely involve the optimization of a result effective variable, which has been held to be within the skill of the ordinary artisan obtained through routine experimentation in determining optimum results (see MPEP (II)(A)).
Claim(s) 18 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Sagolla et al in view of Savic et al (US 2018/0042709 A1).
Regarding claim 18, in an alternative interpretation, Sagolla does not teach wherein the try-in denture base further comprising wax being arranged in the first reception around the two or more basal sections of the two or more artificial teeth received by the first reception as required.
However, Savic et al, however, teaches a similar denture base which may be formed alternatively of wax or plastic (see abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Sagolla to include Savic’s use of wax for the base, as such modification would merely involve the simple substitution of one known element for another with a reasonable expectation of success, which has been held to be within the skill of the ordinary artisan (see MPEP 2143). The Examiner notes that should the base of Sagolla be modified with Savic’s wax, as combined above, both the reception and the positioning elements (Sagolla) would be formed of the wax (Savic), and as such the wax would be arranged in (and around) the first reception and around the two or more basal sections of the teeth received therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD MORAN whose telephone number is (571)270-5349. The examiner can normally be reached Monday-Friday 7 AM-4 PM EST.
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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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/EDWARD MORAN/Primary Examiner, Art Unit 3772
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