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: Claim 1 recites “a wire extends along a plane” which appears to mean “a wire that extends along a plane” or “a wire extending along a plane” such as in claim 14. 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 6 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.
Claim 6 recites that the “receiving space is configured to receive at least one of the plurality of teeth”, which is unclear if it means that the tooth is received within the space (which doesn’t seem the intention based on drawings/spec) or if a bracket on one of the plurality of teeth is received within the space. For purposes of examination, this will be treated as configured to receive a bracket of a tooth.
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 1-8, 10-16, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roein (US 2020/0345460).
Roein shows a system (it is noted that the different figures of Roein show configurations that can be used interchangeably with parts of each other as detailed in [0313], [0406], [0462], [0512], and [0530] for instance) comprising a wire extending along a plane (Fig. 5 for instance has 2D appliance member 50 configured to be bent; [0353]), the wire comprising a plurality of treatment members on the plane (various loops and bends in Fig. 5 for instance); and a plurality of brackets to be located on a plurality of teeth of a patient, each of the plurality of brackets to be coupled to the wire ([0330] for instance); wherein the wire has a first thickness at a first location (52 for instance in Fig. 5) and a second thickness at a second location (rest of device), the first thickness and the second thickness being different (rigid bar 52 is thicker for more rigidity); wherein the wire and the plurality of treatment members are a monolithic apparatus formed from a sheet comprising a metallic material ([0482] for instance discusses cutting a 2D sheet of nitinol NiTi in a single, unitarily-formed structure). With respect to claim 2, wherein the plurality of treatment members comprise one or more loops (56 for instance), the one or more loops continuous with the wire (single sheet construction), comprising a first curved portion extending in a first direction on the plane (left side of 56 in Fig. 5); and a second curved portion extending in a second direction opposite the first direction (right side of 56 in Fig. 5). With respect to claim 3, wherein the plurality of treatment members comprise one or more hooks comprising a first portion extending from the wire at a first angle between 30 to 80 degrees (58f for instance extending from 59f), inclusive, relative to the wire on the plane (angle between 59f and 58f); and a second portion extending from the first portion at a second angle between 30 to 90 degrees (angled part of 58f that is approximately parallel with 59f), inclusive, relative to the first portion on the plane (at the angle of 58f). With respect to claim 4, wherein the plurality of treatment members comprise one or more first protrusions and one or more second protrusions (Fig. 31 in particular shows the protrusions at 288a/b for instance; [0313], [0462] for instance discusses the combination of these features with those of Fig. 5 [i.e. combination of embodiment X and embodiment Z features]), wherein the one or more first protrusions extend from the wire on the plane and face the plurality of teeth (top side of 288a/b in Fig. 31); and the one or more second protrusions extend from the wire on the plane and face away from the plurality of teeth (bottom side of 288a/b in Fig. 31). With respect to claim 5, wherein the wire comprises one or more curved segments (left side of 288a and right side of 288b have curved corner segments), the one or more curved segments aligning with a positioning of the plurality of teeth (function is to engage with a bracket installed on a tooth). With respect to claim 6, wherein the plurality of treatment members comprise one or more aligners, the one or more aligners continuous with the wire, comprising: a first curved portion (left side of 250 in Fig. 28); and a second curved portion continuous with the first curved portion (extending to the right and up from the first portion in Fig. 28); wherein the first curved portion and the second curved portion define a receiving space (where 243 and 244 are received) comprising a protrusion (particularly on the interior side of 242 at the right angle protruding into the receiving space); wherein the receiving space is configured to receive at least one of the plurality of teeth (see 112 above; bracket of the tooth is received therein), and the first curved portion and the second curved portion configured to extend to the at least one of the plurality of teeth (first portion on left side of bracket 240 and second portion on right side of bracket 240). With respect to claim 7, wherein the plurality of treatment members comprise one or more first markers (at 105a and interior thereof) and one or more second markers (105c and interior thereof) aligned with the plurality of brackets (105a is a bracket connector and therefore the two markers will be aligned with the bracket), wherein: the one or more second markers extend from the wire and face away from the plurality of teeth (at 105c in Fig. 10 for instance), the second markers comprising apertures (within 105c in Fig. 10 which when connected will face away). With respect to claim 8, wherein the wire comprises a first bar (at 57 in Fig. 5), a second bar parallel to the first bar (other side of aperture from 57 in Fig. 5), and an aperture between the first bar and the second bar (interior of 57), the first bar and the second bar continuous with the wire (formed from a single unitary sheet). With respect to claim 10, wherein the plurality of brackets comprise a plurality of slots (142f in Fig. 14 and the slot receiving the cover just below 142f in Fig. 14), the plurality of slots having a first portion and a second portion (portions of the slots), the first portion having a first height and the second portion having a second height, the second height greater than the first height (slots can be broken up into portions where a first portion has a smaller height than a second portion; i.e. first portion can be ¼ of the slot and second portion can be ¾ of the slot). With respect to claim 11, wherein the plane is an imaginary plane (the 2D device exists on an imaginary plane). With respect to claim 12, wherein the metallic material is nickel titanium ([0303]). With respect to claim 13, the wire further comprising a first identifier located at a first end of the wire (it is noted that “identifier” is a broad term that only requires a structure that can be used to identify; a first end on the left has the angle towards the top); a second identifier located at a second end of the wire (a second end on the right has the angle towards the top); and a third identifier located at a midpoint on the wire between the first end and the second end (where the middle 56’s meet/lay adjacent to one another).
System claims 14-16 are rejected similarly to the above, particularly with regard to claims 1, 10, 12, 13. With respect to claim 16, wherein a portion of the plurality of treatment members are continuous with the wire and a portion of the plurality of treatment members extend from the wire on the plane, the plurality of treatment members configured to align the plurality of teeth with the wire (all members on 2D device, 59a-h engage with the brackets/teeth and align therewith).
Method claims 18-20 are rejected similarly to the above and additionally forming a monolithic apparatus comprising a wire with a plurality of treatment members on a single plane ([0482] for instance discusses cutting a 2D sheet of nitinol NiTi in a single, unitarily-formed structure); placing a plurality of brackets on a plurality of teeth of a patient ([0330] for instance); and coupling the wire to the plurality of brackets ([0330] for instance). With respect to claim 19, wherein the monolithic apparatus is formed from a sheet comprising a metallic metal, the monolithic apparatus formed by at least one of laser cutting, water jet cutting, stamping, or electric discharge machining of the sheet ([0384] discusses laser cutting). With respect to claim 20, wherein the monolithic apparatus is 3D printed ([0384] discusses 3D printing).
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li (US 2024/0225788).
Li shows a system comprising a wire extending along a plane (Fig. 2A for instance), the wire comprising a plurality of treatment members on the plane (140s in Fig. 2A); and a plurality of brackets to be located on a plurality of teeth of a patient, each of the plurality of brackets to be coupled to the wire (160; [0414] for instance); wherein the wire has a first thickness at a first location (120 in Fig. 2A or either side of 150 in Fig. 2B) and a second thickness at a second location (150 in Fig. 2B for instance; [0427]), the first thickness and the second thickness being different (as stated in [0427] the thickness of 150 may be different to enact different movements of the teeth); wherein the wire and the plurality of treatment members are a monolithic apparatus formed from a sheet comprising a metallic material ([0449] for instance discusses cutting a 2D sheet of nitinol NiTi in a single, monolithic structure). With respect to claim 9, wherein the plurality of treatment members comprise one or more links (entirety of Fig. 43), comprising a protrusion extending from the wire in a first direction on the plane (at 4303 bottom of Fig. 43); a first curved portion extending from the protrusion in a second direction on the plane (4304g to e extends to the left in Fig. 43); a second curved portion extending from the first curved portion in a third direction opposite the second direction (4304g to f extends to the right, opposite left, in Fig. 43); a straight portion extending from the second curved portion in the first direction (at 4304d in Fig. 43); and a circular portion (at 4327 in Fig. 43) extending from the straight portion and around an aperture (middle of 4327), the aperture configured to couple to at least one of the plurality of brackets (such as in Fig. 45A-B).
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Roein in view of Kim (WO 2022/250282).
Roein discloses the device as previously described above, but fails to show wherein the system is designed by a machine learning model.
Kim similarly teaches orthodontic appliance planning wherein the system may be designed by a machine learning model (claim 5, translated: an orthodontic appliance designing device configured to virtually complete the orthodontic appliance by using a neural network-based learning model of at least one of a pre-learned bracket arrangement model, a wire arrangement model, and a wire combination model storable in the memory). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Roein’s system to include design by machine learning models such as a neural-network as taught by Kim in order to utilize alternative design modes and take advantage of the knowledge from many previous datasets of past treatments that were effective, in addition to the automation provided.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, 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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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
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