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 .
Claim Objections
Claim 1 is objected to because of the following informalities: In line 6 of the claim uses the conjunction word “and” followed by other limitations. Due to the claim still list other components of the tool, said conjunction word is not indicating the last structure described the tool, in this way having a grammatically faulty sentence. Appropriate correction 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.
Claims 1, 3, 5, 6, 10-15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by George (US 5154609 A).
[AltContent: arrow][AltContent: textbox (Groove)][AltContent: textbox (Tab/
Measurement point)][AltContent: ][AltContent: textbox (Overjet measurement tool)][AltContent: ][AltContent: textbox (Overjet indicator)][AltContent: textbox (Second interface)][AltContent: textbox (Adjustment member)][AltContent: arrow][AltContent: ][AltContent: arrow][AltContent: textbox (First interface)][AltContent: arrow][AltContent: textbox (Longitudinal direction)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Body)]
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[AltContent: textbox (Tab/
Measurement point)][AltContent: textbox (Second portion of a patient's jaw)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second end portion of the body)][AltContent: textbox (First end portion)][AltContent: arrow][AltContent: textbox (Body)][AltContent: arrow][AltContent: ][AltContent: textbox (Overjet indicator)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second interface)][AltContent: ][AltContent: arrow][AltContent: textbox (First portion of a patient's jaw)][AltContent: textbox (First interface)]
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[AltContent: ][AltContent: textbox (Elongated portion at the second end portion of the body)][AltContent: textbox (Fig. 4 zoomed portion)][AltContent: ][AltContent: ][AltContent: textbox (Curved of the first interface)][AltContent: textbox (Curved of the second interface)]
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[AltContent: textbox (Slot)][AltContent: ]
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Regarding claim 1, George discloses an overjet measurement tool (1), including:
a body including a groove extending through the body along a longitudinal direction (see annotated Fig. 1 and 5 above – where the groove is formed in the channel 16);
an adjustment member (2) received within the groove and configured to move axially relative to the body along the longitudinal direction (see annotated Fig. 1 and 5 above – where the adjustment member 2 is placed in the channel 16 and configured to move through the channel to be able to measure the distance between the location of one end of the body and one end of the adjustment member);
a first interface (22) extending outwardly from the body and configured to contact a first portion of a patient's jaw (see annotated Fig. 1 and 4 above – where the first interface 22 is a lower internal block including a lower teeth groove 21 for engagement with the lower teeth);
a second interface extending outwardly from the adjustment member and configured to contact a second portion of the patient's jaw (see annotated Fig. 1 and 4 above – where the second interface 22 is an upper block including an upper teeth groove 10 for engagement with the upper teeth); and
an overjet indicator (18) that indicates a longitudinal position of the adjustment member relative to the body (see annotated Fig. 1 above and col. 5, lines 44-46 – where the overjet indicator is understood to be the scale 18 placed in the channel 16),
wherein the second interface is configured to move axially with the adjustment member relative to each of the body and the first interface such that the second interface can be positioned at various axial positions relative to the body and the first interface (see annotated Fig. 1 above – where the adjustment member (2) is connected with the second interface, in which both moves as one structure through to the channel 16 of the body), and
wherein, when the first interface contacts the first portion of the patient's jaw and the second interface contacts the second portion of the patient's jaw, the overjet indicator indicates an overjet of the patient (see annotated Fig. 1 and 4 above – where the first interface and the second interface contact their respective jaws, the measurement point at the end of the adjustment member indicated on the overjet indicator the distance between the first portion and the second portion o the patient’s jaw).
Regarding claim 3, George discloses that the second interface is configured to be selectively and repeatedly coupled to and removed from the adjustment member (see annotated Fig. 1 above – where the adjustment member is coupled to the second interface through a snap lock combination (5 and 6), where structure 5 is at one end of the second interface and the structure 6 at one end the adjustment member 2; due to it is a snap lock it is understood that it can also be removed and repeatedly coupled again).
Regarding claim 5, George discloses that the first and second interfaces have respective curved surfaces to receive respective portions of the patient's jaw (see annotated Fig. 4 above – the cross-section view shows that each groove 10 and 21 of each of the first and second interfaces includes a curved surface configured to engage the teeth of each jaw of the patient).
Regarding claim 6, George discloses further including a tab 4 extending away from the adjustment member (see annotated Fig. 1 above – where the end face of the adjustment member is considered the tab), wherein the overjet indicator includes a plurality of markings (18) longitudinally distributed along the body (see annotated Fig. 1 above – where the markings form the scale in the body that forms the overjet indicator), and wherein a position of the tab relative to the markings of the body corresponds to the overjet of the patient (see col. 5, lines 38-50).
Regarding claim 10, George discloses that the body includes a first end portion and a second end portion, wherein the second end portion comprises an elongate portion that extends axially outwardly from a remainder of the body and that is vertically offset from the groove, and wherein the first interface is coupled to the elongate portion (see annotated Fig. 1 and 4 zoomed portion above – where the elongated portion is understood to be the lower external block 19 that is offset from the groove of body and extends outwardly from the longitudinal axis of the body).
Regarding claim 11, George discloses that the elongate portion overlaps the adjustment member to maintain the first and second interfaces in a spaced-apart configuration relative to one another (see Fig. 1 and 4 zoomed portion above – where the block 19 is understood to extends over the adjustment member, so that the interference portion a groove in the block 19 over the adjustment member; in this way, the adjustment member provides a thickness that space apart each of the first and the interfaces).
Regarding claim 12, George discloses that the adjustment member engages the body such that the adjustment member is frictionally retained in a given position relative to the body until deliberately moved by a user (see Fig. 4 and 5 above and col. 6, lines 10-17 – where the body further includes a locking screw 24 that when pressed against the adjustment member provides the necessary force and friction to retain the adjustment member in any given position relative to the body).
[AltContent: textbox (First portion of a patient's jaw)][AltContent: textbox (Tab/
Measurement point)]
[AltContent: textbox (Second interface)][AltContent: textbox (First interface)][AltContent: textbox (Second portion of a patient's jaw)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Body)][AltContent: ][AltContent: textbox (Overjet indicator)][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: arrow]
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Regarding claim 13, George discloses a method, including:
positioning a first patient interface of a measurement tool (1) against a first portion of a patient's jaw (see annotated Fig. 4 above – where the first interface is an upper block including an upper teeth groove 10 for engagement with the upper teeth);
positioning a second patient interface (22) of the measurement tool against a second portion of the patient's jaw (see annotated Fig. 4 above - where the second interface is a lower upper block including an lower teeth groove 21 for engagement with the lower teeth of the jaw); and
measuring an axial distance between the first patient interface and the second patient interface (see annotated Fig. 4 above – where the tool is placed in the mouth of the patient to be measured),
wherein the axial distance between the first and second patient interfaces is associated with an overjet of the patient (see col. 2, lines 50-66, and col. 6, lines 35-42).
Regarding claims 14 and 15, George discloses that when positioning the second patient interface includes: while the first patient interface is against the first portion of the patient's jaw, moving the second patient interface axially relative to the first patient interface and a body of the measurement tool to position the second patient interface against the second portion of the patient's jaw (for claim 14); and that the first portion of the patient's jaw is an upper jaw of the patient and the second portion of the patient's jaw is a lower jaw of the patient (for claim 15) (see col. 7, lines 41-57).
Regarding claim 18, George discloses that the measuring the axial distance between the first and second patient interfaces includes: measuring an axial distance between a first curved surface of the first patient interface and a second curved surface of the second patient interface (see annotated Fig. 4 above – the cross-section view shows that each groove 10 and 21 of each of the first and second interfaces includes a curved surface configured to engage the teeth of each jaw of the patient).
Claims 1-3, 5-8, 10, 12-13, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al. (CN 215688682 U).
[AltContent: ][AltContent: textbox (Slot)][AltContent: arrow][AltContent: textbox (Tab)][AltContent: arrow][AltContent: textbox (Overjet indicator)][AltContent: textbox (Curved surface)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Curved surface)][AltContent: textbox (Adjustment member)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second interface)][AltContent: arrow][AltContent: textbox (First interface)][AltContent: textbox (Groove/channel)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Body)]
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[AltContent: ][AltContent: textbox (Slot)][AltContent: arrow][AltContent: textbox (Tab)][AltContent: arrow][AltContent: textbox (Overjet indicator)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (First end portion)][AltContent: textbox (Second end portion)][AltContent: arrow][AltContent: textbox (Elongate portion)][AltContent: textbox (Body)][AltContent: arrow]
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Regarding claim 1, Sun et al. discloses an overjet measurement tool, including:
a body (1) including a groove (4) extending through the body (1) along a longitudinal direction (see Fig. 3-4 above, abstract and [0027] – where an overjet measurement tool including a body/scale plate 1 and a lower groove 4 located along the longitudinal axis);
an adjustment member (5) received within the groove and configured to move axially relative to the body along the longitudinal direction (see Fig. 3-4 above and [0027] – where the adjustment member 5 can axially slide in the groove/channel 4 relative to the body 1);
a first Interface (61) extending outwardly from the body and configured to contact a first portion of a patient's jaw (see Fig. 4-5 above and [0027] – first interface 61 protrudes downwardly from the lower movable plate 6 attached to the body 1 for engaging with a first portion of the patient's jaw/lower incisor); and
a second interface (51) extending outwardly from the adjustment member (5) and configured to contact a second portion of the patient's jaw (see Fig. 4-5 above and [0028] – where the second interface 51 is protruding upwards from the rear of the adjustment member/upper movable plate 5 for engaging with the second portion of the patient's jaw/upper incisor); and
an overjet indicator (3) that indicates a longitudinal position of the adjustment member relative to the body (see Fig. 3-4 and [0036] - the overjet Indicator has the front end of the adjustment member/upper movable plate 5 pointing to the value on the scale 3),
wherein the second Interface (51) is configured to move axially with the adjustment member (5) relative to each of the body (1) and the first Interface (61) such that the second interface (51) can be positioned at various axial positions relative to the body (1) and the first Interface (61) (see Fig. 3-4 and [0027]-[0028] - the adjustment member/upper movable plate 5 having the second interface/block 51 slides axially relative to the lower movable plate 6 having block 61 attached to the body and first Interface/plate 1), and
wherein, when the first Interface (61) contacts the first portion of the patient's jaw and the second Interface (51) contacts the second portion of the patient's jaw, the overjet indicator indicates an overjet of the patient (see Fig. 3-4, abstract and [0027]-[0028], [0036] – the first Interface/block 61 engaging the first portion of the patient's jaw/lower incisor, and the upper movable plate 5 having a second interface/block 51 engaging the second portion of the patient's jaw/upper incisor), wherein the front end of the upper movable plate 5 points to the value on overjet indicator/malocclusion measuring scale 3).
Regarding claim 2, Sun et al. discloses that the first interface (61) is configured to be selectively and repeatedly coupled to and removed from the body (1) (see Fig. 5 above and [0031], [0035] - where first interface/block 61 adapted to be coupled and removed from the plate 1 by tightening and loosening the locking structure 8a).
Regarding claim 3, Sun et al. discloses that the second interface (51) is configured to be selectively and repeatedly coupled to and removed from the adjustment member (5) (see Fig. 5 above and [0028] and [0035] – where block 91 for engaging the upper incisor is adapted to be coupled and removed from the adjustment member/upper movable plate 5 by tightening and loosening the locking structure 8c).
Regarding claim 5, Sun et al. discloses that the first and second interfaces have respective curved surfaces to receive respective portions of the patient's jaw (see Fig. annotated 3 above – where each of the second and first patient interfaces includes a curved outer surface facing the engaging jaw).
Regarding claim 6, Sun et al. discloses further including a tab extending away from the adjustment member (5) (see annotated Fig. 3-4 – where the tab is the distal end of the adjustment member), wherein the overjet indicator (3) includes a plurality of markings longitudinally distributed along the body and wherein a position of the tab relative to the markings of the body corresponds to the overjet of the patient (see Fig. 3-4 above and [0036]).
Regarding claim 7, Sun et al. discloses that the body (1) defines a slot extending between the groove (4) and an outer surface of the body (1), and wherein the tab includes a tab arm extending at least partially through the slot (see Fig. 3 above – where the tab extending over the overjet indicator 3 is capable of slide towards the back end of the body, due to the upper surface of the body in the back end has an inclination, the tab is capable of extending between the groove and the outer surface of the body, in which it is considered to be the slot of the body 1).
Regarding claim 8, Sun et al. discloses that the slot has a slot width, as measured along a lateral direction perpendicular to the longitudinal direction, and wherein the groove has a groove width, as measured along the lateral direction, that is greater than the slot width (see Fig. 3 above – where the width of the slot in the lateral direction is smaller than the width of the groove along the same direction; even when it is understood that the drawings nor the specification provide dimensions, based on the drawing the different in width of each portion is significant to conclude that the slot has a width smaller than the width of the groove taken from the lateral direction).
Regarding claim 10, Sun et al. discloses that the body includes a first end portion and a second end portion, wherein the second end portion includes an elongate portion (11) that extends axially outwardly from a remainder of the body and that is vertically offset from the groove (4), and wherein the first interface (61) is coupled to the elongate portion (11) (see annotated Fig. 5 above and [0027]).
Regarding claim 12, Sun et al. discloses that the adjustment member (5) engages the body (1) such that the adjustment member (5) is frictionally retained in a given position relative to the body until deliberately moved by a user see Fig. 3-4 above and [0027] – where the body further includes an upper locking structure 8b that when pressed against the adjustment member provides the necessary force and friction to retain the adjustment member (5) in any given position relative to the body 1).
[AltContent: arrow][AltContent: textbox (Second patient interface)][AltContent: textbox (First patient interface)][AltContent: arrow][AltContent: textbox (Tab)][AltContent: arrow][AltContent: textbox (Overjet indicator)][AltContent: textbox (Curved surface)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Curved surface)][AltContent: textbox (Adjustment member)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Body)]
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Regarding claim 13, Sun et al. discloses a method, including:
positioning a first patient interface (91) of a measurement tool against a first portion of a patient's jaw;
positioning a second patient interface (61) of the measurement tool against a second portion of the patient's jaw; and
measuring an axial distance between the first patient interface and the second patient interface,
wherein the axial distance between the first and second patient interfaces is associated with an overjet of the patient (see annotated Fig. 3 above, and abstract, [0009] and [0016], and [0035-0036]).
Regarding claim 15, Sun et al. discloses that the first portion of the patient's jaw is an upper jaw of the patient and the second portion of the patient's jaw is a lower jaw of the patient (see annotated Fig. 3 above – where the first patient interface is on the upper portion and the second patient interface is at the lower portion of the tool; making it capable of positioning the first patient interface at the upper jaw and the second patient interface at the lower jaw).
Regarding claim 16, Sun et al. discloses that the method further includes:
coupling the first patient interface (91) to a body of the measurement tool, wherein the first patient interface (91) extends outwardly from the body; and
coupling the second patient interface (61) to an adjustment member of the measurement tool,
wherein the second patient interface (61) extends outwardly from the adjustment member and the adjustment member is movably coupled to the body, and wherein the second patient interface (61) and adjustment member are configured to move axially relative to the body and the first patient interface (see annotated Fig. 3 above and [0035-0036]).
Allowable Subject Matter
Claims 4, 9, 17, 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the claimed subject matter of “further comprising a third interface and a fourth interface, wherein the first and the second interfaces form a first set of interfaces and the third and fourth interfaces form a second set of interfaces, and wherein the first and second sets of interfaces are interchangeable” is not found in the prior arts of George and Sun.
Regarding claim 9, the claimed subject matter of “the tab comprises one or more lateral portions extending laterally outward from the tab arm, and wherein a position of the one or more lateral portions relative to the overjet indicator indicates the overjet of the patient” is not found in the prior arts of George and Sun.
Regarding claim 17, the claimed subject matter of “method further comprising: removing the first patient interface from the measurement tool and replacing the first patient interface with a third patient interface; and removing the second patient interface from the measurement tool and replacing the second patient interface with a fourth patient interface” is not found in the prior arts of George and Sun.
Regarding claim 19, the claimed subject matter of “the first patient interface is fixedly coupled to a body of the measurement tool, wherein the second patient interface is fixedly coupled to an adjustment member of the measurement tool that is longitudinally movably received within the body, and wherein the measuring the axial distance between the first and second patient interfaces comprises comparing a longitudinal position of the adjustment member to an overjet indicator on the body” is not found in the prior arts of George and Sun.
Regarding claim 20, the claimed subject matter of “the first patient interface is fixedly coupled to a body of the measurement tool, wherein the second patient interface is fixedly coupled to an adjustment member of the measurement tool that is longitudinally movably received within the body, wherein the measurement tool comprises a tab extending away from the adjustment member, and wherein one or both of the positioning the first patient interface and the positioning the second patient interface comprises translating the tab relative to the body while holding the body in position relative to the patient's jaw” is not found in the prior arts of George and Sun.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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