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 in the reply filed on 1/13/26 is acknowledged.
Claim 2 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/13/26.
Claim Objections
Claim 1 is objected to because of the following informalities: Appropriate correction is required.
The term “screw fixation parts and formed” should read “screw fixation parts are formed”.
The term “locking protrusions and spaced apart” should read “locking protrusions that are spaced apart” or the like.
In the last line of the claim the term “and” should be deleted.
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 1 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.
Regarding claim 1, the term “with enhanced support” is indefinite as it is unclear what would or would not be considered “enhanced” (e.g. the limitation is a term or degree), and/or it is unclear what the support is enhanced compared too. Still further, the Examiner notes the degree of support is variable dependent on a particular patient. Next the term “or specifically, extend on both sides from both vertices at a rear end of the body” is indefinite as it is unclear whether or not the term is positively recited and required by the claim. In other words, the term “or specifically” renders the claim unclear as to whether the hook parts only must extend from a sides of the triangular truss or require the more specific “extend on both sides from both vertices at a rear end”. As best understood by the Examiner, as the term “or” is present, the term is interpreted as a choice, that is prior art which discloses one or the other reads on the limitation, and the term “or specifically” is treated as an optional recitation, which the Examiner does not chose for claim interpretation (see below). Finally, the term “round parts 125” is indefinite, as it appears a typographical error has occurred; as best understood by the Examiner the number 125 should be deleted and will be interpreted as such. Clarification is required.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 101425783 B1; see Machine Translation, attached).
Regarding claim 1, Lee discloses a palatal anchorage device (see Figs. 1-6) for orthodontic treatment with enhanced support (e.g. compared to a device with fewer anchorage screws), comprising: a body (10) having a form of a triangular truss (11; disposes screw fixation parts in a triangular arrangement as shown in Fig. 6, thereby forming a triangular truss); screw fixation parts (12) and (are) formed on each of three vertex regions of the body (see vertices as shown in Fig. 6), with through-holes formed therein to allow a screw to be placed in a palate (see Figs. 4 and 10); and hook parts (13) extending from both sides of the body and hooking and fixing an elastic body connected to a tooth fixture (capable of being used with an appropriately sized and fixed elastic body; elastic body and fixture not positively recited, required nor part of claimed anchorage device), wherein the screw fixation parts (12) include a front screw fixation part formed on a front vertex of the body (e.g. upper instance of 12 in Fig. 6), and a pair of rear screw fixation parts formed on both rear vertices of the body (e.g. bottom instances of 12 in Fig. 6), the pair of rear screw fixation parts are symmetrically formed with respect to the front screw fixation part (see Fig. 6 and Machine Translation, page 5 paragraphs 5-6), the hook parts (13) are configured to extend from a side of the triangular truss form of the body (see Fig. 6), or specifically, extend on both sides from both vertices at a rear end of the body (alternate interpretation of extending from a side of the body chosen, see above; as best understood by the Examiner), such that the front screw fixation part supports the pair of rear screw fixation parts so that the pair of rear screw fixation parts is not moved forward even when a force to move the pair of rear screw fixation parts forward is generated by a pulling force of the elastic body (capable of being used as such; at least in part as the device is screwed into the palate, and as such, front screw would support rear screws, such that rear parts are not moved), the body has a form of an isosceles triangle, wherein the isosceles triangle has a length of a base of the isosceles triangle less than a height (see Fig. 6 and machine translation, page 5, paragraphs 5-6), a spacing between the pair of rear screw fixation parts is configured to be shorter than a shortest straight line distance from the pair of rear screw fixation parts to the front screw fixture (e.g. distance a is less than distance b, as shown in Fig. 6 and page 5, paragraphs 5-6), the hook parts include a plurality of locking protrusions (11a; ligature or elastic can be locked thereto) and (that are) spaced apart at predetermined intervals to be locked with the elastic body so that the elastic body is fixed in position (capable of being used as such), and the hook parts further include, at ends of the hook parts, round parts (e.g. rounded/curved distal (left and right) most ends of 13, see Fig. 6) rounded to prevent the elastic body from being caught at the ends of the hook parts when the elastic body is released from the hook protrusions (capable of being used as such).
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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/EDWARD MORAN/Primary Examiner, Art Unit 3772