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 Species A in the reply filed on 8/27/25 is acknowledged.
Claims 21-29 are pending for examination with claims 30-40 cancelled.
Claim Objections
Claim 24 is objected to because of the following informalities: The last line of the claim should read “configured to be mounted”. Appropriate correction is required.
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 23 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 23, the term “positioned centrally on the orthodontic wire” is indefinite as it is unclear what would or would not specifically be considered “centrally”. For example, it is unclear if “centrally located” would encompass a lateral tooth is treated lateral to the precise center of said wire. As best understood by the Examiner a relatively central location reads on the term. Still further, the term “the active tooth including a first active tooth and a second active tooth” is indefinite as it is unclear how an active tooth (single) can be two teeth. As best understood by the Examiner the claim is interpreted as “at least one active tooth”, then further defining the at least one active tooth to comprise a first and second tooth. 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) 21-27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cassalia (US 2019/0262103 A1).
Regarding claim 21, Cassalia discloses a method for moving a patient's teeth (see abstract, generally throughout), including an anchor tooth (right central incisor, see Figs. 3-7) and an active tooth (right lateral incisor, left central incisor and left lateral incisor, see Figs. 3-7), to a desired position (Fig. 7), the method comprising: positioning an anchor portion of an orthodontic wire (e.g. portion of wire and composite bead 803) on anchor tooth) onto a lingual side of the anchor tooth (see Figs. 5-7 via composite beads); positioning an active portion of the orthodontic wire (e.g. portion of wires on active teeth as explained above) onto a surface of the active tooth (see [0082] stating that the wire is positioned on the surface of the tooth as it is between the composite bead and tooth surface); trimming the orthodontic wire proximate a marginal ridge of the active tooth (see Figs. 5-7, 6b showing wire placed proximate a marginal ridge; also see [0085] regarding trimming); and bonding the anchor portion to fix the anchor portion to-the anchor tooth (e.g. via composite bead placement) such that the active portion of the orthodontic wire applies a force to the active tooth to move the active tooth relative to the anchor tooth, the active portion contacting the active tooth and being slidable along a surface of the active tooth (see [0082] and [0078]-[0080], see Figs. 5-7).
Cassalia further discloses wherein the anchor portion includes a wire positioning guide (e.g. composite bead), the wire positioning guide bonded to the anchor tooth, the wire positioning guide configured to mate with the lingual side of the anchor tooth (see citations above; per claim 22); wherein the anchor portion is positioned centrally on the orthodontic wire (as best understood by the Examiner, anchor tooth and corresponding anchor portion is centrally positioned as it is located on a central incisor), the active portion including a first active end (e.g. portion of wire over right lateral incisor) and a second active end (e.g. portion of wire over left lateral and left central incisors) and the active tooth including a first active tooth (right lateral incisor) and a second active tooth (left central or left lateral incisors), the first active end in engagement with the first active tooth and the second active end in engagement with the second active tooth (see Figs. 5-7; per claim 23); wherein the anchor tooth includes a gingival third section, a middle third section and an incisal third section (implicitly), the anchor portion mounted in the middle third section (see Fig. 6b showing composite bead mounted on middle third of tooth, at least in part; per claim 24); wherein the orthodontic wire is removably attached to a slot (950) of a tray (900, see Fig. 11) for positioning the anchor portion onto the lingual side of the anchor tooth and the active portion onto the surface of the active tooth (per claim 25); where a thin strand of material is wrapped around the orthodontic wire to attach the orthodontic wire to the slot (e.g. floss 600 or engagement jig 901-907, see [0018]; attaches wire to slot at least to some degree as it prevents its escape; per claim 26); wherein the thin strand of material is comprised of dental floss (see [0018]; 600; per claim 27); and wherein the anchor portion and the active portion of the orthodontic wire is positioned relative to the lingual sides of the anchor and active teeth by a tray (900, Fig. 11) having slots (950) and a flexible material (e.g. floss 600 or engagement jigs 901-907, see [0018]; per claim 29).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 28 is rejected under 35 U.S.C. 103 as being unpatentable over Cassalia in view of Curiel et al (US 2013/0065193 A1).
Regarding claim 28, Cassalia does not teach the step of comparing the orthodontic wire to images of orthodontic wires on a measurement guide to determine if the orthodontic wire is a desired orthodontic wire of an orthodontic treatment plan as required.
Curiel et al, however, teaches comparing the shape of orthodontic archwires to printed images of orthodontic wires (printed image is interpreted as a measurement guide) to determine if the archwire is the desired wired of the treatment plan (e.g. has the corresponding shape; see [0067]). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the method of Cassalia to include Curiel’s step of comparing the wire to images of wires on a measurement guide, as such modification would ensure accuracy when setting up the orthodontic system, ensuring that the wire has the correct and desired shape to accomplish the desired tooth movement.
Conclusion
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