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 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) 2-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muhammad et al. (2002/0064746).
Regarding claim 2, Muhammad discloses
a system (figures 2C-11) for repositioning teeth of a subject according to an orthodontic treatment plan (abstract) comprising: one or more primer appliances (e.g. 111) configured/capable to implement a primer stage of the orthodontic treatment plan of the teeth, wherein the primer stage comprises: applying a first planned force or system of forces to a first selected subset of the teeth (e.g. repositioning certain tooth/teeth, [0052], [0056]), wherein the first planned force or system of forces is configured to:
move the first selected subset of the teeth from a plurality of first positions to a plurality of second positions at a first rate of movement, and move the first selected subset of the teeth without moving a second selected subset of the teeth (e.g. repositioning tooth/teeth, [0052], [0056]), wherein each of the one or more primer appliances comprise first teeth-receiving cavities configured to contact the first selected subset of the teeth and apply the first planned force or system of forces to the first selected subset of the teeth, one or more treatment appliances configured to implement a treatment stage of the orthodontic treatment plan, wherein the treatment stage comprises: applying a second planned force or system (e.g. successive appliance [0016]) of forces to the teeth, wherein the second planned force or system of forces is configured to move the teeth from a plurality of initial positions or the plurality of second positions towards a plurality of target positions at a second rate of movement, and wherein each of the one or more treatment appliances comprise second teeth- receiving cavities (fig. 2C) configured to contact the teeth and apply the second planned force or system of forces to the teeth.
With regard the statement of intended use and other functional statements (i.e. “configured to,” they do not impose any structural limitations on the claims distinguishable over the prior art which is capable of being used as claimed if one so desires to do so. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 3, the second planned force or system of forces is greater than the first planned force or system of forces (e.g. repositioning teeth as prescribed).
Regarding claim 4, the second rate of movement is greater than the first rate of movement depending on correction required (e.g. [0135]).
Regarding claims 5, 6 the first planned force or system of forces is further configured/capable to move the first selected subset of the teeth in a pre-conditioning direction ([0056]) which is distinct from a direction of the plurality of target positions.
Regarding claims 7-12, the first planned force or system of forces is further configured to elicit a biological response (e.g. repositioning force being applied to teeth/jaw) in the subject, thereby facilitating a repositioning of the first selected subset of teeth during the treatment stage, the biological response can be elicited in the subject prior to moving the first selected subset of the teeth, the biological response can be elicited concurrently with the moving the first selected subset of the teeth in the primer stage, the biological response comprises production of one or more biochemical signals (e.g. process of moving teeth causing signals), applying the first planned force or system of forces capable to a periodontal ligament of the first selected subset of the teeth to elicit the biological response, the biological response capable for relaxation of the periodontal ligament.
Regarding claim 13, the first planned force comprises a compression force exerted on the first selected subset of teeth (e.g. forces needed to translate rotation).
Regarding claim 14 at least one of the one or more primer appliances is manufactured using thermoforming ([0053]). Regarding claim 15 the treatment stage of the orthodontic treatment plan comprises one or more intermediate arrangements of the teeth between the plurality of initial positions of the teeth and the plurality of target positions of the teeth (e.g. successive appliances). Regarding claim 16, each of the one or more intermediate arrangements comprises a plurality of intermediate positions of the teeth (e.g. each appliance perform treatment plan as prescribed). Regarding claim 17 the second planned force or system of forces is configured to move the teeth between adjacent intermediate arrangements of the teeth (e.g. each appliance perform treatment plan as prescribed). Regarding claim 18, the second planned force or system of forces configured to move the teeth between adjacent intermediate arrangements of the teeth is greater than the first planned force or system of forces (e.g. successive appliance).
Regarding claim 19, an amount of movement of the first selected subset of teeth upon completion of a primer portion of treatment with the one or more primer appliances is not sufficient to permanently reposition the first selected subset of teeth ([0056]).
Regarding claim 20 the amount of movement comprises less than about half a distance from the initial position of the teeth prior to placement of the one or more primer appliances to positions of the first teeth-receiving cavities of the one or more primer appliances (e.g. movement by each successive appliance is prescribed). Regarding claim 21 the one or more primer appliances are configured/capable to move the first selected subset of teeth from a plurality of first positions to a plurality of second positions over a first amount of time ([0052], [0056]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Patel Yogesh whose telephone number is (571) 270-3646. The examiner can normally be reached between 9 AM – 5:30 PM on Monday, Thursday and Friday.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE Bosques Edelmira, at (571) 270-5614.
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/YOGESH P PATEL/Primary Examiner, Art Unit 3772
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