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.
Objection to the Claims
Claim 1 is objected to under 37 CFR 1.75(i) which requires claims setting forth a plurality of elements to separate each claimed element with a line indentation.
Rejection based on 35 U.S.C. 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.
Claims 4-7 and 10 are 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.
In claim 4, line 3, it is unclear how the “at least one elastic tube” relates to the elastic tube previously claimed. Is a “second” tube being claimed?
In claim 6, line 3, it is unclear how the “at least one elastic tube” relates to the elastic tube previously claimed. Is a “second” tube being claimed?
In claim 10, line 4, the limitation “the bracket” should apparently be “the plurality of brackets.”
Rejection 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.
(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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heiser (US 5.890,893).
Heiser discloses in Figures 5-8 an orthodontic self-locking bracket with a controllable archwire torque comprised of a bracket body (1, 2, 3, 4); an elastic member (leaf spring 11); a “groove” (archwire slot 5); and a self-locking cover plate (slide plate 13) for securing an archwire 17 in the “groove”/archwire slot 5. The Heiser elastic member 11 is connected to a side wall 6 of the “groove” 5 at 9 and works with the opposite side wall 7 of the “groove”/archwire slot 5 to secure archwire 17. The Heiser elastic member 11 deforms from a first position (Figure 5) to a second position (Figure 7) under a squeezing action of the archwire 17. The Heiser elastic member deforms on both bottom and top surfaces of the groove 5 and elastically acts on the archwire 17 at different twist angles.
Claim 1-3 and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al (US 12,364,578 and/or WO2022/002191).
Zhang et al disclose an orthodontic self-locking bracket in Figures 1-4. The Zhang et al bracket includes a bracket body having an elastic member 50, archwire groove 11 and self-locking cover plate 10. The elastic member 50 is connected to a side wall of the archwire groove 11 and is capable of elastically deforming under a squeezing action of an archwire (note column 8, lines 36-47) against the opposite side wall when moved from an open position in Figure 4 to a squeezing position in Figure 2. The Zhang et al elastic member 50 deforms on both bottom and top surfaces of the groove 11 and elastically acts on the archwire at different twist angles. In regard to claim 2, the Zhang et al elastic member includes a tubular shaped structure that meets the broadly claimed “elastic tube” limitation. In regard to claim 3, as apparent in Figures 2 and 4 of Zhang et al, a space/clamping groove is provided in the side wall so that an outer side wall/member of the elastic tube protrudes from the space/clamping groove
Allowable Subject Matter
Claim 9 is objected to as being dependent on a rejected base claim, but would be allowable if rewritten in independent form to include all of the limitations of the claims from which they depend.
Claims 4-7 and 10 are would be allowable if rewritten in independent form to include all of the limitations of the claims from which they depend and to overcome the 35 U.S.C. 112 rejection above.
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