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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitation “sliding expansion feature” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “feature” coupled with functional language “configured to” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, all the claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: sliding feature 310 in figure 3A.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams (5,769,631) in view of Kimura et al. (2016/0081769).
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Regarding claims 1, 5, Williams discloses a method including positioning an expandable dental appliance over the patient's upper dental arch (e.g. fig. 1-17), wherein the expandable dental appliance comprises: a left portion including a left palatal region and a left tooth engagement region that are customized to a left side of the patient's upper dental arch, wherein the left palatal region is configured/capable to correspond to a left side of the patient's palate, and wherein the left tooth engagement region (e.g. 46, 50) is configured/capable to receive one or more teeth of the left side of the patient's upper dental arch; and a right portion including a right palatal region and a right tooth engagement region that are customized to a right side of the patient's upper dental arch, wherein the right palatal region is configured to correspond to a right side of the patient's palate, and wherein the right tooth engagement region is configured to receive one or more teeth of the right side of the patient's upper dental arch ;wherein the left and right portions are distinct and separate parts coupled by a sliding expansion feature configured/capable to laterally translate the left and right portions toward or away from each other; removing the expandable dental appliance from the patient's upper dental arch upon the treatment goal achieved, but fails to disclose positioning a plurality of non-expandable dental appliances over the patient's upper dental arch, wherein the plurality of non-expandable dental appliances is configured to be worn sequentially over the patient's upper dental arch to expand the patient's palate over a plurality of corresponding stages of a treatment plan; however,
Kimura discloses positioning a plurality of non-expandable dental appliances (e.g. figs. 5-12C) over the patient's upper dental arch, wherein the plurality of non-expandable dental appliances is configured to be worn sequentially over the patient's upper dental arch to expand the patient's palate over a plurality of corresponding stages of a treatment plan ([0065]) and the plurality of non-expandable dental appliances are configured to apply a controlled force across the patient's palate according to corresponding stages of the treatment plan, wherein positioning the plurality of non-expandable dental appliances comprises: positioning a first non-expandable dental appliance of the plurality of non-expandable appliances over the patient's upper dental arch for a first period of time; removing the first non-expandable dental appliance from the patient's upper dental arch; and positioning a second non-expandable dental appliance of the plurality of non-expandable appliances over the patient's upper dental arch for a second period of time ([0065]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the method of Williams by providing non-expandable dental appliances in sequence as taught by Kimura in order to adjust patient’s arch of teeth by placing the appliances over the teeth providing controlled forces in specific locations to gradually move teeth into a new desired configuration ([0004]).
Regarding claim 2, Williams discloses the left and right portions divide the expandable dental appliance into two halves (fig. 16-17).
Regarding claims 3, 4, Williams discloses the sliding expansion feature is coupled to the left and right portions of the expandable dental appliance, wherein the method further comprises activating the sliding expansion feature to cause the left and right portions to translate away from each other (col. 7, lines 10-27) and activating the sliding expansion feature includes manipulating the sliding expansion feature via 253.
Regarding claim 6, Kimura teaches positioning a second plurality of non-expandable dental appliances over the patient's upper dental arch prior to positioning the expandable dental appliance over the patient's upper dental arch ([0030]).
Regarding claim 7 Williams discloses the sliding expansion feature is at least partially positioned between the left and right portions of the expandable dental appliance (see the figures).
Regarding claim 8 Williams discloses the expandable dental appliance and/or the plurality of non-expandable dental appliances is/are configured/capable to control movement of the patient's teeth to evenly distribute spacings between the teeth.
Regarding claim 9 Kimura discloses the plurality of non-expandable dental appliances provide an incremental lateral force across the patient's palate according to the plurality of corresponding stages of the treatment plan as addressed above.
Regarding claim 10 Williams discloses positioning the expandable dental appliance over the patient's upper dental arch includes placing the left portion over lingual surfaces of the one or more teeth of the left side of the patient's dental arch, and placing the right portion over lingual surfaces of the one or more teeth of the right side of the patient's dental arch (see the figures).
Regarding claim 11, Williams discloses the expandable dental appliance, but fail to teach placing left and right portions over occlusal surfaces as claimed however, Kimura teaches left and right portions to be placed on the occlusal surfaces of teeth (fig 12A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the method of Williams by providing left and right portions as taught by Kimura in order to make it easier to remove them when necessary ([0044]).
Regarding claims 12, 15, 16
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Williams discloses a series of dental appliances (figures 1-17) capable for use in expanding a patient's palate, the series of dental appliances including an expandable dental appliance comprising: a left portion including a left palatal region and a left tooth engagement region that are customized to a left side of the patient's upper dental arch, wherein the left palatal region is configured/capable to correspond to a left side of the patient's palate, and wherein the left tooth engagement region (e.g. 46, 50) is configured to receive one or more teeth of the left side of the patient's upper dental arch; and a right portion including a right palatal region and a right tooth engagement region (e.g. 40) that are customized to a right side of the patient's upper dental arch, wherein the right palatal region is configured to correspond to a right side of the patient's palate, and wherein the right tooth engagement region is configured/capable to receive one or more teeth of the right side of the patient's upper dental arch; wherein the left and right portions are distinct and separate parts coupled by a sliding expansion feature shown above configured to laterally translate the left and right portions toward or away from each other, but fail to disclose plurality of non-expandable dental appliances configured to be worn sequentially over the patient's upper dental arch to expand the patient's palate over a plurality of corresponding stages of a treatment plan, wherein the left and right portions divide the expandable dental appliance into two halves; however,
Kumara discloses a plurality of non-expandable dental appliances (e.g. figs. 5-12C) configured to be worn sequentially over the patient's upper dental arch to expand the patient's palate over a plurality of corresponding stages of a treatment plan and to provide incremental lateral force across the palate of the patient.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the appliances of Williams by providing non-expandable dental appliances in sequence as taught by Kimura in order to adjust patient’s arch of teeth by placing the appliances over the teeth providing controlled forces in specific locations to gradually move teeth into a new desired configuration ([0004]).
Regarding claims 13, 14, Williams fail to teach 3D modeling for fabrication of the appliance; however, Kimura discloses usage of 3D printing and 3D imagine device ([0128]) to make an appliance. Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the appliances of Williams by 3D printing/imaging as taught by Kimura in order to easily produce the appliance with desired rigidity and easy fabrications.
Regarding claim 17 Williams discloses metallic body of the appliance. The metal is a flexible material depending on force applied.
Regarding claim 18 Williams discloses dental appliances capable for use in expanding a patient's palate including a left portion including a left palatal region (shown above) and a left tooth engagement region (e.g. 46) that are customized to a left side of a patient's upper dental arch, wherein the left palatal region is configured/capable to correspond to a left side of the patient's palate, and wherein the left tooth engagement region is configured to receive one or more teeth of the left side of the patient's upper dental arch; a right portion including a right palatal region (shown above) and a right tooth engagement region that are customized to a right side of the patient's upper dental arch, wherein the right palatal region is configured to correspond to a right side of the patient's palate, and wherein the right tooth engagement region (e.g. 40) is configured to receive one or more teeth of the right side of the patient's upper dental arch, wherein the left and right portions are distinct and separate parts, and a sliding expansion feature coupled to the left and right portions of the expandable dental appliance, the sliding expansion feature configure/capable d to control laterally translate translation of the left and right portions toward or away from each other by turning of a screw (e.g. 23); but fail to teach a plurality of non-expandable dental appliances configured to be worn sequentially over the patient's upper dental arch to expand the patient's palate over a plurality of corresponding stages of a treatment plan.
Kumara discloses a plurality of non-expandable dental appliances (e.g. figs. 5-12C) configured to be worn sequentially over the patient's upper dental arch to expand the patient's palate over a plurality of corresponding stages of a treatment plan and to provide incremental lateral force across the palate of the patient.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the method of Williams by providing non-expandable dental appliances in sequence as taught by Kimura in order to adjust patient’s arch of teeth by placing the appliances over the teeth providing controlled forces in specific locations to gradually move teeth into a new desired configuration ([0004]).
Regarding claim 19, Williams discloses the expandable dental appliance is one dental appliance of a plurality of dental appliances that are configured to expand the patient's palate over a plurality of corresponding stages of a treatment plan.
Regarding claim 20 Williams fail to teach 3D modeling for fabrication of the appliance; however, Kimura discloses usage of 3D printing and 3D imagine device ([0128]) to make an appliance. Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the appliances of Williams by 3D printing/imaging as taught by Kimura in order to easily produce the appliance with desired rigidity and easy fabrications.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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