Status under America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Rejections based on Prior Art
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 43-46, 50-59, 61 and 62 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (US 6,168,429).
Brown discloses an orthodontic dental bracket comprised of a base 14’ configured to be attached to a front surface of a tooth having four connecting structures 18’ extending perpendicularly from the posterior surface 12’ of the base wherein the four connecting structures have grooves 22’, 24’. Brown further discloses a cover 34‘ having arch wire slot 50’ and protrusions 56 for mating with the grooves 22’, 24’. Note annotated Figures 5 and 6 below.
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In regard to claims 45 and 58, note the first and second protuberances 38’ on cover 34. In regard to claims 46 and 59, the grooves on one side of the bracket are parallel to those on the opposite side of the bracket. In regard to claims 50, 51 and 61, the Brown orthodontic bracket is capable of use for such targeted movements. In regard to claims 54 and 55 the Brown cover 34 has a color and a cosmetic shape.
Claims 43-51 and 54-61 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hermann (US 5,738,513).
Herman in Figure 2 discloses an orthodontic bracket having base 33 with four connecting structures 35 extending perpendicularly from a posterior surface 37 of the base wherein each of the four connecting structures 35 include a plurality of grooves (a triangular groove at the edges of channel 43, a curved groove below each tie wing, and an arcuate groove 57). Herman further discloses a cover 45 that is removably attached to the base having an arch wire slot 55 and protrusions 47, 59 for mating with grooves of the base. Note annotated Figure 2 below.
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In regard to claims 45 and 58, note the top portion of cover 45 in Hermann Fig 2 that forms a first protuberance and the bottom portion that forms a second protuberance. In regard to claims 46 and 59, the triangular grooves along the along the edges of channel 43 are parallel in Herman. In regard to claim 48, 49 and 60, the first protrusion 47 having a triangular shape and a second protrusion 59 having an arcuate shape. In regard to claims 50, 51 and 61, the Hermann orthodontic bracket is capable of use for such targeted movements. In regard to claims 54 and 55 the Hermann cover 45 has a color and a cosmetic shape.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ralph Lewis whose telephone number is (571)272-4712. The examiner can normally be reached Monday-Friday from 9AM-4PM.
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/RALPH A LEWIS/Primary Examiner, Art Unit 3772 (571) 272-4712