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 § 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 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voudouris (2003/0031975) in view of Opin et al. (2004/0166458).
Voudouris teaches with respect to claim 1, a clip 6 for an orthodontic self-ligating bracket, the clip comprising a first clip arm, the first clip arm comprising a transition portion and terminates in first, second, and third arms that extend away from the transition portion, wherein the second arm is spaced apart from the first arm and the third arm is located between and spaced apart from the first arm and the second arm (see annotated figure below), and a second clip arm connected to the first clip arm and spaced apart from the first clip arm in a lingual-labial dimension, the second clip arm extending past the first, second and third arms of the first clip arm in an occlusal-gingival dimension, wherein a first cut out is defined between the first arm and the third arm and a second cut out is defined between the second arm and the third arm, and the first and second cutouts are each configured to receive respective wall of a self-ligating bracket therein respectively between the first arm and the third arm and the second arm and the third arm when the first clip arm is in a closed position relative to the orthodontic self-ligating bracket (see annotated figure below). With respect to the limitations of the cutouts being configured to receive respective walls of the orthodontic bracket, it is noted that the applicant is only claiming the clip and NOT the bracket. It is noted that the structure of the clip is “configured” to receive wall of a bracket in use as claimed. Such that when used with a bracket having walls, the structure of the clip is “configured” to receive the walls of the bracket in the cutouts as claimed and therefore the claimed the claimed limitations are met.
Voudouris teaches the invention as substantially claimed and discussed above, however, does not specifically teach the transition portion widens in a mesial-distal dimension.
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Opin teaches a clip 20 for an orthodontic self-ligating bracket, the clip comprising a first clip arm, the first clip arm comprising a transition portion that widens in a mesial-distal dimension and terminates in first and second arms 21 that extend away from the transition portion, wherein the second arm is spaced apart form the first arm, a second clip arm connected to the first clip arm and spaced apart from the first clip arm in a lingual-labial dimension, the second clip arm extending past the first and second clip arm in an occlusal-gingival dimension (see annaoted figure below, figs. 1 and 8 which show the second clip arm extending past the first and second arms). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transition portion taught by Voudouris to widen in a mesial-distal direction as taught by Opin in order to provide a gradual transition between the different dimensioned parts of the clip in order to prevent sharp corners on the clip to provide a more comfortable clip for the patient. The modification would prevent sharp corners from poking the patient during use.
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 2, the clip further comprising a U-shaped portion connecting a first end of the first clip arm to a first end of the second clip arm (see annaoted figure below), wherein a second end of the first clip arm comprises the first, second, and third arms (see annotated figure below), and an end of the second clip arm extends pas the second end of the first clip arm in the occlusal gingival direction (see annaoted figure below).
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Opin further teaches with respect to claim 3, wherein a first width across the first clip arm in the mesial-distal dimension at the first end of the first clip arm is less than a second width across the first clip arm in the mesial-distal dimension at the second end of the first clip arm (see annotated figure below, such that the second with is at the second end that includes the arms).
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 4, wherein the second clip arm comprises a projection 18 at the second end of the second clip arm.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 5, wherein the projection extends pas the second end of the first clip arm in the occlusal-gingival dimension (see annaoted figure above with respect to claim 2 and annotated figure below).
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 6, wherein the projection extends labially form the second clip arm (see annaoted figure below).
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Opin further teaches with respect to claim 7, wherein the transition portion comprises a cut out or detent 25 configured for engagement by an orthodontic tool (par 82). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the clip of Voudouris with the detent taught by Opin in order to assist in removing the clip.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 8, wherein the second arm is spaced apart from the first arm in the mesial-distal dimension and the third arm is located between and spaced apart from the first arm and the second arm in the mesial-distal dimension (see annotated figure below).
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 9, wherein sides of the second clip arm are interior in the mesial-distal dimension of an extent of the first clip arm in the mesial-distal dimension form the first arm to the second arm (see annotated figure below). Further see fig. 1 which shows in cross sectional view, the second clip arm and the u-shaped portion having the same dimension in the mesial-distal dimension direction as the second clip arm is not hatched along with the u-shaped portion showing that they would have the same extent while the first clip arm is hatched showing it has the larger dimension in the mesial-distal dimension direction.
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 10, the clip further comprising a u-shaped portion connecting the first arm to the first end of the second clip arm, wherein ethe u-shaped portion is interior in the mesial-distal dimension, of the first arm and the second arm of the first clip arm (see annotated figure below, such that the u-shaped portion is interior, i.e. between the ends of the first and second arms of the first clip arm in the mesial-distal dimension).
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Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 13, wherein the first arm is configured to contact a first ledge of the orthodontic self-ligating bracket and the second arm is configured to contact a second ledge of the orthodontic self-ligating bracket when the first clip arm is in the closed position. It is noted that, as discussed above in detail, the applicant is NOT claiming the orthodontic bracket and is only claiming the clip. Therefore, the structure of the clip is configured as claimed, such as in use with a bracket, the clip has the structure that is configured to contact the ledges as claimed and therefore the claimed limitations are met.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 14, wherein the first arm is configured to be at least partially positioned within a first recess extending into the orthodontic bracket and at least partially defining the first ledge and the first wall, and wherein the second arm is configured to be at least partially positioned within a second recess extending into the orthodontic bracket and at least partially defining the second ledge and the second wall. It is noted that, as discussed above in detail, the claimed limitations of claim 14 are functional. It is noted that with respect to claim 14 the applicant is NOT claiming the orthodontic bracket and is only claiming the clip. Therefore, as discussed above in detail, the structure of the clip is configure to contact the ledges of a bracket as claimed and therefore, the claimed limitations are met.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 15, wherein the third arm is configured to contact a central ridge between the first wall and the second wall when the first clip is in the closed position. It is noted that the limitations are functional. See above detailed explanation regarding the structure of the clip being configured to interact with a bracket, such that the bracket is NOT being claimed.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 16, wherein the third arm is configured to contact the first wall and the second wall when the first clip arm is in the closed position. It is noted that the limitations are functional. See above detailed explanation regarding the structure of the clip being configured to interact with a bracket, such that the bracket is NOT being claimed.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 17, wherein the clip is configured to move between the closed position wherein an arch wire slot is occluded and an open position wherein the arch wire slot is accessible (see fig. 1, pars. 10-11).
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 18, wherein the second clip arm comprises a projection 18 at a gingival end of the second clip arm (see fig. 1, annotated figure above with respect to claim 5), wherein the projection extends labially from the second clip arm, and the projection is gingival in the occlusal gingival dimension of the third arm of the first clip arm (see annaoted figures above with respect to claims 5-6 and detailed explanation of claim 5-6).
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 19, wherein the second clip arm is configured to translate lingually of an archwire slot within a gap in the orthodontic self-ligating bracket in the closed position and in an open position (see fig. 1). It is noted that the applicant is not claiming the bracket and the structure of the clip of Voudouris is configured to interact with a bracket as claimed and therefore the claimed limitations are met.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 20, wherein a labial surface of the second clip arm is configured to engage a mesial lip and a distal lip at the gap in the orthodontic self-ligating bracket. It is noted that the applicant is not claiming the bracket and the structure of the clip of Voudouris is configured to interact with a bracket as claimed and therefore the claimed limitations are met.
Voudouris/Opin teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 22, wherein the clip is configured to resist movement in the mesial direction by engagement of the first and third arms with the self-ligating bracket and to resist movement in a distal direction by engagement of the second and third arms with the self-ligating bracket. It is noted that the applicant is not claiming the bracket and the structure of the clip of Voudouris is configured to interact with a bracket as claimed and therefore the claimed limitations are met.
Claim(s) 2-3 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voudouris (2003/0031975) in view of Falcone et al. (2014/0212828).
Voudouris teaches with respect to claim 1, a clip 6 for an orthodontic self-ligating bracket, the clip comprising a first clip arm, the first clip arm comprising a transition portion and terminates in first, second, and third arms that extend away from the transition portion, wherein the second arm is spaced apart from the first arm and the third arm is located between and spaced apart from the first arm and the second arm (see annotated figure below), and a second clip arm connected to the first clip arm and spaced apart from the first clip arm in a lingual-labial dimension, the second clip arm extending past the first, second and third arms of the first clip arm in an occlusal-gingival dimension, wherein a first cut out is defined between the first arm and the third arm and a second cut out is defined between the second arm and the third arm, and the first and second cutouts are each configured to receive respective wall of a self-ligating bracket therein respectively between the first arm and the third arm and the second arm and the third arm when the first clip arm is in a closed position relative to the orthodontic self-ligating bracket (see annotated figure below). With respect to the limitations of the cutouts being configured to receive respective walls of the orthodontic bracket, it is noted that the applicant is only claiming the clip and NOT the bracket. It is noted that the structure of the clip is “configured” to receive wall of a bracket in use as claimed. Such that when used with a bracket having walls, the structure of the clip is “configured” to receive the walls of the bracket in the cutouts as claimed and therefore the claimed the claimed limitations are met.
Voudouris teaches the invention as substantially claimed and discussed above, however, does not specifically teach the transition portion widens in a mesial-distal dimension.
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Falcone teaches a clip (see fig. 6D) for an orthodontic self-ligating bracket, the clip comprising a first clip arm, the first clip arm comprising a transition portion that widens in a mesial-distal dimension and terminates in first and second arms that extend away from the transition portion (see annotated figure below, the transition portion the portion in the shaded box), wherein the second arm is spaced apart from the first arm, a second clip arm connected to the first clip arm and spaced apart from the first clip arm in a lingual-labial dimension. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transition portion taught by Voudouris to widen in a mesial-distal direction as taught by Falcone in order to provide a gradual transition between the different dimensioned parts of the clip in order to prevent sharp corners on the clip to provide a more comfortable clip for the patient. The modification would prevent sharp corners from poking the patient during use.
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Voudouris/Falcone teaches the invention as substantially claimed and discussed above, Voudouris further teaches with respect to claim 2, the clip further comprising a U-shaped portion connecting a first end of the first clip arm to a first end of the second clip arm (see annaoted figure below), wherein a second end of the first clip arm comprises the first, second, and third arms (see annotated figure below), and an end of the second clip arm extends past the second end of the first clip arm in the occlusal gingival direction (see annaoted figure below).
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Voudouris/Falcone teaches the invention as substantially claimed and discussed above, Falcone further teaches with respect to claim 3, wherein a first width across the first clip arm in the mesial-distal dimension at the first end of the first clip arm is less than a second width across the first clip arm in the mesial-distal dimension at the second end of the first clip arm (see annotated figure below, such that the second with is at the second end that includes the arms).
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Voudouris/Falcone teaches the invention as substantially claimed and discussed above, Falcone further teaches with respect to claim 21, wherein the first width across the first clip arm in the mesial-distal dimension terminates interior of respective interior side of the first arm and the second arm and a width across the second clip arm in the mesial-distal dimension terminates interior of the respective interior sides of the first arm and the second arm (see annotated figure below).
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Terminal Disclaimer
The terminal disclaimer filed on April 24, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 12,207,988 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed May 18, 2026 have been fully considered but they are not persuasive. The applicant argues that the limitations added to claim 1 (which were from original dependent claims 11-12) requires the structure of cut-outs and therefore the limitations are not functional. It is noted that the limitations of the cut-outs are structural, however, the prior art of Voudouris teaches the claimed cut-outs as structurally claimed.
The applicant further argues that the claimed clip of Voudouris is not configured to function as claimed. The applicant argues that the cut out illustrated in Voudouris are small and therefore not configured to receive a wall of a bracket. However, it is noted that the drawings are not to scale. Further it is noted that even if the cutout was small, the structure is still configured as claimed, such that a thin wall would be received within the cutout. As pointed out in the rejection, the applicant does not claim the bracket having the walls only that the claimed clip has cutout that are configured to receive a wall. The applicant does not claim a size of the cutouts or the size of the wall that is configured to be received within the cutouts. The applicant argues that obviousness must still be based upon rational underpinnings and the scope and content of the relied upon references. However, it is noted that Voudouris teaches the cutouts and it is not being modified under obliviousness to teach the cutouts. It is noted that the structure of Voudouris including the cutouts is configured as claimed, such that when used with a bracket having walls, the cutouts on the clip are configured to accept the walls of the bracket within them.
The applicants’ arguments with respect to claim 22 are not persuasive for the same reasons as discussed above, such that the structure of the claimed clip is taught by Voudouris and is configured to interact with a bracket as claimed.
The applicants’ arguments with respect to claim 21 are not persuasive in view of the new rejection applied.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEIDI MARIE EIDE whose telephone number is (571)270-3081. The examiner can normally be reached Mon-Fri 9:00-4:00.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 6/4/2026
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