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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on November 13, 2024, and June 10, 2025, are noted. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-15, 22-24 and 33-34 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Below is a detailed analysis of the claims, however, due to the numerous errors the applicant is advised to complete a detailed review of the claims.
With respect to claim 1, it is unclear how many devices the applicant is claiming. The preamble is directed to “A series” comprising devices comparing “at least two devices”, wherein the devices “each comprise at least one jaw device”, “wherein the at least one jaw device comprises an upper jaw device or/and a lower jaw device”. Throughout the claims the applicant further claims “wherein the devices”, “wherein the jaw device”, “the at least one jaw device” and “wherein in at least one other device of the series”. The use of the different terms for what seems to be the same device and inconsistent limitations makes the limitations unclear as to what is being claimed, specifically relative to the different devices. It is noted that for examination purposes, the limitations are being interpreted as claiming a series of devices, the series comprising at least two jaw devices such that the claimed “other device” is the claimed second device and the device with the receiving regions and height element(s) is the claimed first/at least one device, however, the applicant should amend the claim(s) to clarity what is being claimed.
Further with respect to the claims, the applicant uses the terms “in particular” and “preferably”. It is unclear if the limitations that follow those terms are required by the claim or optional. It is noted that for examination purposes, they are being interpreted as being required, however, the applicant should amend the claims to clarify what is being claimed.
The claimed “at least one height element at mutually different positions of molar elements” is unclear. It is unclear if a single height element extends over multiple molar regions or if there are multiple height elements. It is noted that for examination purposes, the limitation is being interpreted as a single height element that extends along portions of the device that are configured to engage at least two molars. The same issue applies to the claimed “at least one further preferably local contact region” and the limitation is being interpreted the same as discussed above in detail.
Further it is unclear what the claimed “molar regions” are. It is unclear if they are the claimed receiving regions or a different region. It is noted that for examination purposes, the limitation is being interpreted as being at least one of the claimed receiving regions for receiving a left or right molar element, however, the applicant should amend the claim to clarify.
Further the claimed first and second side are unclear in view of the claimed receiving regions. It is noted that the claimed first and second side are being interpreted as being a first and second side of the device, such that it would correspond to the receiving regions for the molars, however, the applicant should amend the claims to clarify what is being claimed.
Further the limitation of “the at least one height element in a frontal section and/or sagital section and/or deviates with respect to its height position changed by the at least one height element” is unclear. It is noted that the at least one height element has been claimed to be located on a molar element, therefore not in a frontal section of the device. It is unclear if the applicant is trying to claim that the height of the height element is changing, such that a more anterior region, i.e. a front portion of it, is changed relative to a distal portion or that a height of a left or right side can change in order to change the claimed plane relative to the devices. It is noted that the limitation is being interpreted as one of the highlighted sections of the height element is being changed, however, the applicant should amend the claim to clarify what is being claimed.
It is noted that as discussed above in detail, the limitations of the “at least one other device of the series” is being interpreted as the claimed second device of that at least two devices, however, the applicant should amend the claim to clarify.
With respect to claim 2, the limitation including “the height elements of the series” is unclear. It is noted that the applicant has claimed a single height element and “at least one further height element” but has not claimed “height elements of the series”. It is noted that for examination purposes, the claimed “height elements of the series” are being interested as the claimed at least one height element and the at least one further height element, however, the applicant should amend the claim to clarify.
The limitation of “in at least two devices” in claim 3 is unclear. It is not clear if the applicant is trying to reference that claimed “at least two” devices of the independent claim or trying to claim additional devices of the series. It is noted that for examination purposes, the limitation is being interpreted as further limiting the claimed “at least two” devices of the independent claim, however, the applicant should amend the claim to clarify what is being claimed. It is noted that the limitation is being interpreted as further limiting the “at least one contact area” of the claimed one device to be on a second height element (i.e. different than the claimed at least one and the claimed further height element) and both the first and second device have the second height element of claim 3 and the claimed plane is the same as those referenced in the independent claim, however, the applicant should amend the claimed to clarify what is being claimed.
Further with respect to claim 3, the claimed “a first device” and corresponding “receiving regions” and “first plane” are unclear in view of the claimed device and receiving regions of the independent claim. It is noted that for examination purposes, they are being interpreted as being the same as those in the independent claim, however, the applicant should amend the claim to clarify what is being claimed. The same issue applies to the claimed second device and second plane. It is noted that the limitations are being interpreted as being the same as those for the additional device of the independent claim, however, the applicant should amend the claim to further clarify.
The limitation including “in a third device of the at least two devices” in claims 4-5 is unclear. It is unclear how there can be a third device if only at least two are required. It is suggested that the applicant amend the claim to have the limitation read -wherein the at least two devices further comprises a third device- to overcome the rejection and clarify what is being claimed.
Further the limitation of the third device comprising “the at least one contact area on the at least one height element” in claims 4-5 is unclear. It is unclear how the contact area and height element of the first or second device can also be on the third device. It is noted that for examination purposes, the limitation is being interpreted as the third device further comprising a height element with at least one contact point on it, however, the applicant should amend the claim to clarify what is being claimed.
With respect to claim 6, the limitation including “a fourth device the at least one jaw device” is unclear. It is unclear if the applicant is trying to just claim an additional fourth device of that series or claiming a fourth device that includes a contact area and height element. It is noted that for examination purposes, the limitation is being interpreted as the claimed fourth device comprises a height element with at least one contact point and the fourth plane as claimed, however, the applicant should amend the claim to clarify what is being claimed.
With respect to claim 7, the claimed “at least two receiving regions or at least three receiving regions” are unclear. It is not clear if the claimed receiving regions are trying to reference the claimed receiving regions of the independent claim or different receiving regions. It is noted that for examination purposes, the limitation is being interpreted as referencing the claimed receiving regions of the independent claim, however, the applicant should amend the claim to clarify what is being claimed.
With respect to claims 8-9, the limitation of “the at least one contact area” is unclear. It is unclear if the applicant is trying to claim “the at least two preferably local contact areas” that are formed on the height element of the claimed “at least one further preferably local contact region” which is not claimed on a height element. It is noted that for examination purposes, the limitation is being interpreted as the claimed contact regions on the height element of the independent claim, however, the applicant should amend the claim to clarify.
Further the limitation of “an occlusal surface of a tooth element” is unclear. It is unclear if the applicant is improperly trying to claim an occlusal surface of a tooth or a surface of the device that would contact an occlusal surface of a tooth. It is noted for examination purposes; the limitation is being interpreted as a surface of the device that is configured to contact the occlusal surface of a tooth in order to avoid any 101 issues.
Further with respect to claims 8-9 the claimed “distance” is unclear. It is noted that for examination purposes, the limitation is being interpreted as the distance between the two surfaces of the height device, however, the applicant should amend the claim to clarify what is being claimed.
With respect to claim 11, the limitations with respect to the detents which are designed as claimed are unclear. It is noted that the applicant has claimed the surface is free of detents, therefore, the limitations with respect them are unclear as to if they are being claimed. It is noted that the limitation is being interpreted as the surface being free of them, and therefore, the structure is not being claimed.
The limitations of “the contact area” of claim 13 is unclear for the same reasons as discussed above with respect to claims 8-9 and is being interpreted the same as discussed above in detail.
The limitations of the veneer of claim 22 are unclear. The applicant claims the first and second tooth veneer being “located at the same tooth position” and then further claims each tooth has a relative inner and outer contour and that the relative position different from each other. It is unclear what is being claimed relative to the position being the same but the relative position being different. The applicant should amend the claim to clarify what is being claimed.
With respect to claim 23, the applicant should amend the claim to clarify that “the first device and/or the second device” are the claimed at least two devices of the independent claim.
With respect to claim 24, the claimed “a first subset” and “a second subset” is unclear in view of the claimed at least two devices of the independent claim. It is noted that for examination purposes, the first subset includes the claimed first device and the second subset would include the claimed second device, however, the applicant should amend the claim to clarify what is being claimed.
Further the claimed “height superstructure” is unclear in view of the claimed height element of the independent claim. It is noted that the height superstructure is being interpreted as the same element as the claimed height element of the independent claim, however, the applicant should amend the claim to clarify.
The limitations of claim 33 are unclear. It is noted that claim 28 has been cancelled and therefore, it is not clear what the applicant is trying to claim. It is noted that for examination purposes, the claim limitations are being interpreted as a method of manufacturing the series of devices of claim 1, however, the applicant should amend the claim to clarify.
The limitations of claim 34 the claim depends from canceled claim 28. Further it is unclear what parts of the system the applicant is claiming as the list of limitations are separated by “and/or”. It is noted that the claim is being interpreted as requiring the manufacturing machine for manufacturing the device of claim 1 in order to avoid a protentional 101 rejection.
In view of the deficiencies points out above, the claim limitations were interpreted as best understood.
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, 14-15, 23 and 33-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cam et al (2019/0000592).
With respect to claim 1, Cam discloses a series comprises devices for preparing a displacement, in particular a permanent displacement of the chewing plane of a person, comprising at least two devices (such as a first and second device of the series of appliances, abstract, pars. 42-43), wherein the devices each comprise at least one jaw device, wherein the at least one jaw device comprises an upper jaw device or/and a lower jaw device (see pars. 42-43, 72, fig. 6A, such that the device is for an upper or lower jaw), wherein the devices are designed to be worn by the person according to a predetermined sequence (see pars. 42-43), wherein the jaw device extends from a receiving region for a left molar element via at least one receiving region for an anterior tooth element or a canine tooth element to a receiving region for a right molar element (see fig. 3 showing the device being an arched shape element), wherein the jaw device defines a plane (pars. 72, 102, 116, such that device forms an occlusal plane) characterized in that in at least one device the at least one jaw device comprises at least one height element on a first side (the height element being the occlusal splint 630 filling the space between the upper and lower arch), that at least two preferably local contact areas are formed on the at least one height element at mutually different positions of molar elements (see fig. 6a, pars. 72-73, such that the gap is filled along the entire occlusal surface and therefore, has a contact areas along the entire surfaces, also in the embodiment where it is flat, it would have contact surface with the opposite arch are the highest points of the opposite arch), that on a second side of the at least one jaw device at least further preferably local contact region is formed at a further position of a molar element (see fig. 6a, pars. 72-73, such that the gap is filled along the entire occlusal surface and has contours for contacting the opposite arch), and that the at least three preferably local contact areas define the plane (see pars. 72, 102, 116 specifically the disclosed contact surface engaging one or more occlusal surfaces, such that the contact surface forms the plane and the surfaces are the contact areas), wherein the plane deviates from a starting chewing plane of the person or from a current chewing plane of the person with respect to its inclination changed by the at least one height element in a frontal section and/or sagittal section and/or deviates with respect to its height position changed by the at least one height element, wherein at least one other device of the series a different inclination in a frontal section and/or sagital section and/or a different height position of the respective plane is adjusted by at least one further height element which different from the at least one height element in the adjusted height (see par. 75, such that the thickness decreases or increase from one appliance in the series relative to another device, therefore the height position is adjusted).
With respect to claim 2, Cam further discloses wherein the height elements of the series (such that the height elements of the series being the occlusal splint on the first and second device) serving to displace the chewing plane are designed in such a way that permanent displacement of the chewing plane is prepared, preferably by a direct approach to a target chewing plane in which the height adjusted by at least one height element progressively increases or decrease incrementally or by an indirect approach to the target chewing plane in which the height adjusted by at least one height element progressively increases incrementally at first and the decreases in the opposite direction or initially decreases and then increases in the opposite direction (see pars. 73, 76, 102 such that it teaches the claimed direct approach).
With respect to claim 3, Cam further discloses wherein each of the first and second devices comprises the at least one further contact area on at least one height element (see fig. 6A, pars. 72-73, 75, such that the height element extends along the entire occlusal surface and can be broken up to include a left and right side, such that each side has a height element), wherein the at least first device comprises the claimed receiving regions for teeth of the upper or lower jaw being arranged relative to the plane of the first device in accordance with the first arrangement and the second device further comprising second regions for the tooth element structure of the upper jaw or the lower jaw are arranged relative to a second plane (i.e. the occlusal plane of the second device) according to a second arrangement which different from the first arrangement (see pars. 42-73, 72-73, 75, 102, such that the cavities accepting the teeth are different from the previous device in the series and the planes, i.e. occlusal plane are different from one appliance to the next), and wherein the second arrangement, which different from the first arrangement, cases a change in the position of the chewing plane of the person from a chewing plane associated with the plane of the first arrangement to a chewing plane associated with the plane of the second arrangement in particular a change in the inclination of the chewing plane of the person (see pars. 42-43, 72-73, 75, 102).
With respect to claim 11, Cam further discloses wherein the at least one height element is free of detents which are designed to enter into a mechanical or magnetic coupling with a counter detent (see par. 72 teaching the height element/occlusal splint element can be a flat surface, therefore free of detents).
With respect to claim 14, Cam further discloses wherein the at least one device provides at least one further additional dental technical function, and wherein the at least one device differs from at least one other device of the series by the additional function itself (see pars. 77, 99 specifically the jaw is in the proper position and the further appliances only move the teeth, such that the additional appliances are different in that they don’t have an occlusal splint to move the jaw).
With respect to claim 15, Cam further discloses wherein the at least one device provides at least one further additional dental function, wherein the at least one device has the additional function in common with at least one other device form the series (see par. 79, such that the appliances both move teeth and the jaw).
With respect to claim 23, Cam further teaches wherein the first device and/or the second device or at least one further device of the series comprises a functional element which exert an alignment function of teeth or on teeth and/or which exert a shifting function of teeth or one teeth in relation to at least one dental arch or at least one arch shaped tooth element structure of the person in order to move that least one dental arch or the at least one arch shaped tooth element structure of the person on teeth in relation to at least one dental arch or at least one arch-shaped tooth element structure of the person in order to bring that least one dental arch or the at least one arch shaped tooth element structure of the person into a new constellation (pars. 42-43, such that the alinger exerts an alignment function of the teeth to align them with a final desired arrangement, which is an arched shape, such that the teeth are arranged along the dental arch, par. 79 regarding the movement of the jaw and teeth together).
With respect to claim 33, Cam further discloses a manufacturing method for manufacturing a series according to claim 1 wherein a subtractive manufacturing process is used to manufacture the series of devices or at least to manufacture a part of the devices, preferably using a subtractive machining process, in particular milling, or wherein an additive manufcatruing process is used to manufacture the series from devise or from pairs of device or at least manufacture a part of the devices in particular 3D printing (see pars. 37, 56, 136, 138, such the 3D printing and milling are taught).
With respect to claim 34, Cam further discloses a system requiring a memory configured to store instructions of a program (pars. 17, 44, 46), a control unit, a computer program, (pars. 44-46 and manufacturing device for manufacturing the devices claimed (see pars. 37, 56, 136, 138, 112 rejection above).
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.
Claim(s) 4-6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cam et al (2019/0000592).
With respect to claim 4, Cam further discloses the at least two devices further comprises a third device (see pars. 42-43, such the steps of providing the different aligners can be repeated, such that it teaches providing at least three aligners), the third alinger further comprising at least one contact area on at least one height element (see detailed discussion above, pars. 42-43, 72-73, 75, 102), wherein third receiving regions for tooth element of the upper jaw or lower jaw are arranged in the third device relative to a third plane of the third device (i.e. the occlusal plane) in accordance with a third arrangement, wherein the third arrangement different form the first arrangement and from the second arrangement, and wherein the third arrangement cases a change in the position of the chewing plane of the person towards a third chewing plane which different form the first chewing plane and the second chewing plant, in particular a change in the inclination of the chewing plane (see pars. 75, 102), however, does not specifically teach, and wherein a change in the second arrangement compared to the first arrangement is made in the same direction as a change in the third arrangement compared to the second arrangement. However, Cam teaches a change in the occlusal plane occurring in the same direction from one arrangement to the other (see par. 75, such that the thickness changes from one appliance to the other in the same direction), therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the embodiment of Cam which teaches changing the planes from one appliance to the next in the series with the teaching of Cam that a change in the plane from one appliance to the next occurs in the same direction (i.e. increasing or decreasing) in order to gradually move the teeth and jaws into the desired position.
With respect to claim 10, Cam teaches the invention as substantially claimed and discussed above including the at least one height element adjusts a height which is higher than a height of the at least one device above the at least one receiving region for the anterior tooth element or for the canine tooth element (see pars. 72, 75, such that the thickness is variable). However, does not specifically teach the height being twice or at least three times as high. It is noted that it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the relative height differences in order to provide the desired jaw movement. Such that depending on the user anatomy and the required movement in order to achieve the desired end position.
With respect to claim 5, Cam teaches further discloses the at least two devices further comprises a third device (see pars. 42-43, such the steps of providing the different aligners can be repeated, such that it teaches providing at least three aligners), the third alinger further comprising at least one contact area on at least one height element (see detailed discussion above, pars. 42-43, 72-73, 75, 102), wherein third receiving regions for tooth element of the upper jaw or lower jaw are arranged in the third device relative to a third plane of the third device (i.e. the occlusal plane) in accordance with a third arrangement, wherein the third arrangement different form the first arrangement and from the second arrangement, and wherein the third arrangement cases a change in the position of the chewing plane of the person towards a third chewing plane which different form the first chewing plane and the second chewing plant, in particular a change in the inclination of the chewing plane (see pars. 75, 102), however, does not specifically teach, and wherein a change in the second arrangement compared to the first arrangement is made in the same direction as a change in the third arrangement compared to the second arrangement. However, does not specifically teach a change in the second arrangement compared to the first arrangement occurs in the opposite direction to a change in the third arrangement compared to the second arrangement. However, Cam teaches the thickness can change at one or more points along the splint, such that it can change in any direction along different points, therefore, Cam teaches the idea of increasing and decreasing in opposite directions relative the previous device and it further teaches varying the angle of the contact surface (see par. 102) in order to achieve equilibrium. Therefore, it is noted that it would have been obvious to one having ordinary skill in the art to modify Cam to teach movement of the occlusal plane in opposite directions in order to achieve the desired final position of the jaws and teeth.
With respect to claim 6, Cam further teaches a fourth device comprising at least one contact area on at least one height element, wherein ethe forth device comprises receiving regions for tooth elements of the upper or lower jaw and having a fourth plane, the fourth plane being different from the third. See above discussion regarding the opposite direction (see pars. 42-43, such that the steps can be repeated as needed).
Claim(s) 7-9 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cam et al (2019/0000592) as applied to claim 1 above, and further in view of Falkel (2018/0078344).
With respect to claim 7, Cam teaches the invention as substantially claimed and discussed above including that least one one height element extends over at least two receiving region or at least three receiving regions for at least one molar element in each case (see detailed rejection above, such that it extends over all the molar elements), however, does not specifically teach that least one height element has a height of at least 2 mm, at least 3 mm, or at least 4 mm at at least one of the at least two receiving regions or at least three receiving regions (not that the length is claimed in an alternative and not required).
Falkel teaches a series comprising devices for preparing a displacement, in particular a permanent displacement of the chewing plane of a person comprising at least two devices, wherein the devices each comprise at least one jaw device, wherein the at least one jaw device comprises an upper jaw device and/or a lower jaw device, wherein the devices are designed to be worn by the person according to a predetermined sequence, wherein the jaw device extends from a receiving region for a left molar element via at least one receiving region for an anterior tooth element or a canine tooth element to a receiving region for a right molar element (see figs. 1-3, pars. 15, 46, such that the blocks are to be mounted on an aligner that is arched shaped to fit the teeth in the arch, pars. 43 regarding series), the at least one jaw element comprising at least one height element on a first fist with at least two preferably local contact areas from on the at least one height element at mutually different positions of molar elements, on a second side of the at least one jaw device at least one further preferably local contact region is formed at a further position of a molar element (see figs. 1-3, such that the height elements are the blocks 16/18).
With respect to claim 7, Falkel further teaches the at least one height element has a height of at least 2mm, at least 3mm, or at least 4 mm (see par. 55). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam with the specific claimed height of the height element as taught by Falkel in order to provide the desired final jaw position. Such that based on the users individual anatomy, the different heights would be provided to ensure the desired outcome. Further it is noted it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam to have the claimed height as taught by Falkel since it has been held that were the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07).
With respect to claim 8, Cam teaches the at least one height element defines a height between that at least one contact area and a surface of a receiving region facing away from the at least one contact areas (see fig. 6a, such that the height is from the surface contacting the teeth to the opposite surface to contact the teeth of the opposite arch), wherein the height element is configured to cover an occlusal surface of a tooth element and wherein the contact surface lies opposite the surface for contacting the at least one tooth element (see explanation above, fig. 6b) and that a second side does not contain a height element (see par. 116, such that the occlusal plane is “canted” such that a height element is only on one side, par. 97 such it can engage at least one tooth on one side), however does not specifically teach a distance is in the range from 2 to 6 mm or in the range from 2.5 to 5 mm.
Falkel teaches the invention as substantially claimed and discussed above including Falkel a distance is in the range from 2 to 6 mm or in the range from 2.5 to 5 mm (par. 55). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam with the specific claimed height of the height element as taught by Falkel in order to provide the desired final jaw position. Such that based on the users individual anatomy, the different heights would be provided to ensure the desired outcome. Further it is noted it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam to have the claimed height as taught by Falkel since it has been held that were the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07).
With respect to claim 9, Cam further teaches that at least one height element defines a height between the at least one contact area and a surface of a receiving region facing away from the at least one contact area (see fig. 6b, such that the contact area is the surface for contacting the teeth of the opposite jaw and the receiving surface is the surface for contacting the teeth of the arch that the device is applied one), wherein an occlusal surface of a tooth element at the same tooth element position as the at least one contact region and covered by the height element lies against the surface (such that the tooth contacts the claimed surface) and wherein one side is higher than the other (see par. 116 regarding canted), however, does not specifically teach the distance is in the range from 2 to 6mm or in the range from 2.5 mm to 5 mm.
Falkel further teaches the distance is in the range from 2 to 6mm or in the range from 2.5 mm to 5 mm (see par. 55). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam with the specific claimed height of the height element as taught by Falkel in order to provide the desired final jaw position. Such that based on the users individual anatomy, the different heights would be provided to ensure the desired outcome. Further it is noted it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam to have the claimed height as taught by Falkel since it has been held that were the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07). It is noted that the combination would teach the one side being more than 1mm, more than 2mm or more than 3mm higher than the other side since it teaches a canted relationship and the height element being at greater than 1mm, such that the one side would be higher than the other side as claimed.
With respect to claim 12, Cam further teaches as discussed above in detail the at least one height element sets a first height at a first tooth position and a second height at a second tooth position (see par. 75 such that the height changes from alinger to aligner including decreasing in height), however, does not specifically teach the first height is at least 0.25mm or at least 0.5mm, or at least 1mm greater than the second height.
Falkel further teaches height elements changing by 0.5mm increments (see par. 55). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam with the specific claimed height of the height element as taught by Falkel in order to provide the desired final jaw position. Such that based on the users individual anatomy, the different heights would be provided to ensure the desired outcome. Further it is noted it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam to have the claimed height as taught by Falkel since it has been held that were the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07).
With respect to claim 13, Cam further teaches wherein the height element defines a distance between the contact are and an occlusal surface of a tooth element covered by the height element (see fig. 6B, explanation above), however, does not specifically teach the distance is in the range from 2-6mm or in the range from 2.5-5mm.
Falkel teaches the invention as substantially claimed and discussed above including Falkel a distance is in the range from 2 to 6 mm or in the range from 2.5 to 5 mm (par. 55). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam with the specific claimed height of the height element as taught by Falkel in order to provide the desired final jaw position. Such that based on the users individual anatomy, the different heights would be provided to ensure the desired outcome. Further it is noted it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Cam to have the claimed height as taught by Falkel since it has been held that were the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cam et al (2019/0000592) as applied to claim 1 above, and further in view of Mason et al. (2010/0129762).
Cam teaches the invention as substantially claimed and discussed above, however, does not specifically teach the at least one device carried at least one tooth veneer on its front side, the at least one second device carries at least one tooth veneer on its front side, the at least one tooth veneer of the first device is located at the same tooth position as the tooth veneer of the second device and wherein the at least one tooth veneer of the first device comprises a first inner contour and a first outer contour, the relative position of which differs from the relative position of the second inner contour on that at least one tooth veneer of the second device to a second outer contour of the at least one tooth veneer.
Mason teaches a series of devices comprising a first device and a second device, wherein each of the first and second devices carries at least one tooth veneer on its front side (see figs. 5a-5v, such that 172 is a veneer component and can be integral with the device, see abstract, par. 38, par. 28 regarding the series, par. 36), wherein the at least one tooth veneer on the first device and the second device is located at the same tooth position (par. 36, such that it represents the teeth in the final position so it would be in the same location/position from one appliance in the series to the next) and the at least one tooth veneer of the first device comprises a first inner contour and a first outer contour, the relative position of which different form the relative position of the second inner contour on the at least one tooth veneer of the second device to a second outer contour of the least one tooth veneer (see par. 36, such that the inner contours of the veneers are different from the outer contours in that the inner contours match the position of the teeth at each different stage of treatment). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the device of Cam to include the veneers taught by Mason in order to provide an esthetic look for the patient throughout treatment.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cam et al (2019/0000592) as applied to claim 1 above, and further in view of Wu et al. (2015/0238284).
With respect to claim 24, Cam further discloses wherein at least one subset (i.e. the claimed first device) is configured such that a height superstructure is first carried out in the molar region of the person by means of a height function, wherein the height superstructure is suitable for increasing the distance of the lower jaw from the upper jaw in the contact bite (see pars. 73, 75) and wherein at least one further subset of the devices is designed such that a tooth displacement of the teeth is achieved by alignment functions as part of the subsequent devices (see pars. 77, 79), however, does not specifically teach the first device leading to a deblocking of previously blocked tooth displacements.
Wu teaches a series comprising devices for preparing a displacement, in particular a permanent displacement of the chewing plane of a person comprising at least two devices, wherein the devices each comprise at least one jaw device, wherein the at least one jaw device comprises an upper jaw device and/or a lower jaw device, wherein the devices are designed to be worn by the person according to a predetermined sequence, wherein the jaw device extends from a receiving region for a left molar element via at least one receiving region for an anterior tooth element or a canine tooth element to a receiving region for a right molar element (see figs. 11a showing the arch shed device, pars. 108, 154), the at least one jaw element comprising at least one height element on a first fist with at least two preferably local contact areas from on the at least one height element at mutually different positions of molar elements, on a second side of the at least one jaw device at least one further preferably local contact region is formed at a further position of a molar element (see figs. 1a-1c).
With respect to claim 24, Wu further teaches a first device provides the height element leading to a deblocking of previously blocked tooth displacements (par. 67) such that the further devices allow for movement of the previously blocked teeth. It would have been obvious to one having ordinary skill in the art to modify Cam to deblock teeth as taught by Wu in order to move the teeth into the desired final position in order to provide an esthetic outcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Farrell teaching a dental device with a height element to change a biting plane of the patient.
The prior art of Heine teaches a series of devices to be worn in a predetermined order, wherein the alinger that contact points on height elements to change the biting plane of the patient and the height elements are changed from one device to the next (see figs 6-8, 19, par. 98).
The prior art of Andrew to teach a series of dental devices to be worn in a predetermined sequence having a height element that changes from one device in the series to the next in order to move the jaw into a predetermined and desired position.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 10/7/2026
