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 .
Election/Restrictions
Applicant’s election without traverse of species A as shown in Figures 1-7 and recited in claims 1-19 in the reply filed on 07/06/2026 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/06/2026.
Claim Interpretation
The instant application, in paragraph 4, states that dental auxiliaries may include dental attachments, dental brackets, or other devices and that orthodontic force accessories may include a wire, arm, hook, or the like.
Claim Objections
Claim 8 is objected to because of the following informalities: “the orthodontic force accessories comprise” should be “the orthodontic force accessory comprises”. 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.
Claims 15-17 are 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.
Claims 15-17 each recites the limitation "the cover". There is insufficient antecedent basis for this limitation in the claim, since each claim is dependent on claim 12 and a cover is recited in claim 14. For the sake of examination, “the cover” will be considered to be “a cover” and require that the system further include a cover.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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, 3-6, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abels (US 20020025500).
Regarding Claim 1, Abels teaches a convertible dental auxiliary device (orthodontic bracket as shown in Figures 1-5), the device comprising:
a tooth-bonding surface (bottom 30 of base 10) configured to be bonded to a tooth surface (the orthodontic bracket is intended to be secured to the teeth to be used during orthodontic treatment to move the teeth; ¶ 0004); and
a body region extending from the tooth-bonding surface (base 10 extending upward from bottom 30 as seen in Figures 1-5), wherein the body region (base 10) comprises a channel (slots 11 and 12) extending at least partially through the body region (Figures 1-4) and a channel opening (top of slots 11 and 12 opposite bottom 30 of base 10; ¶ 0026) configured to receive an orthodontic force accessory within the channel (slots are configured to receive archwire 15), wherein the body region is convertible between a first configuration (with cover closed as seen in Figures 2, 3, and 5) and a second configuration (with the cover open as seen in Figures 1 and 4), wherein the channel opening is closed in the first configuration (Figures 2, 3, 5), and wherein the channel opening is open in the second configuration (Figures 1 and 4).
Regarding Claim 3, Abels teaches the device of claim 1 (as presented above), wherein, in the first configuration a removable material is held within the channel (Figure 2 shows the device in the closed first configuration with an archwire 15 in the channel and the archwire is removable; ¶ 0026).
Regarding Claim 4, Abels teaches the device of claim 1 (as presented above), further comprising a cover (cover 20) configured to cover the channel opening in the first configuration (Figures 2, 3, and 5).
Regarding Claim 5, Abels teaches the device of claim 4 (as presented above), wherein the cover is removable from the channel opening (Figure 3 and ¶ 0033 teach a removable cover).
Regarding Claim 6, Abels teaches the device of claim 4 (as presented above), wherein the cover is hinged to the device (Figure 1; cover 20 is connected to base 10 by integral hinges 2a, 8a, and 8b).
Regarding Claim 9, Abels teaches the device of claim 1 (as presented above), wherein the channel comprises a vertical slot (slot 12 in Figure 4; though the examiner notes that vertical is not explicitly defined in the claims or the text, therefore the device can be rotated such that any slot is a vertical or horizontal slot).
Regarding Claim 10, Abels teaches the device of claim 1 (as presented above), wherein the channel comprises a horizontal slot (slot 11 of Figure 4; though the examiner notes that vertical is not explicitly defined in the claims or the text, therefore the device can be rotated such that any slot is a vertical or horizontal slot).
Regarding Claim 11, Abels teaches the device of claim 1, wherein the channel is one of a plurality of channels (slots 11 and 12 in Figure 4).
Claims 1-4, 6, 9-12, 14, 16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Widu (US 20140178830).
Regarding Claim 1, Widu teaches a convertible dental auxiliary device (guidance element 1, particularly embodiments as shown in Figures 8 and 9), the device comprising:
a tooth-bonding surface (tooth engagement surface 1T) configured to be bonded to a tooth surface (¶ 0045 and 0060); and
a body region (the rest of guidance element 1 extending from tooth engagement surface 1T, such as what forms buccal, medial, and distal engagement surfaces 1Eb, 1Em, 1Ed) extending from the tooth-bonding surface (Figures 8 and 9), wherein the body region comprises a channel (slot 1S) extending at least partially through the body region (Figures 8 and 9) and a channel opening (the channel opening is the portion of slot 1S away from tooth engagement surface 1T and covered by flap 1F) configured to receive an orthodontic force accessory within the channel (¶ 0058-0060), wherein the body region is convertible between a first configuration (initial closed position, as shown in Figures 8 and 9) and a second configuration (opened configuration to insert wire as described in ¶ 0059), wherein the channel opening is closed in the first configuration (Figures 8 and 9), and wherein the channel opening is open in the second configuration (¶ 0059).
Regarding Claim 2, Widu teaches the device of claim 1 (as presented above), wherein, in the first configuration, the body region forms an engagement surface (buccal, medial, and distal engagement surfaces 1Eb, 1Em, 1Ed) for engaging a receiving region of a dental appliance (treatment splint 5) when the dental appliance is worn on a patient's teeth (Figure 1; ¶ 0026, 0042), wherein the dental appliance comprises a shell having one or more cavities for receiving one or more teeth of the patient (Figure 1).
Regarding Claim 3, Widu teaches the device of claim 1 (as presented above), wherein, in the first configuration, a removable material is held within the channel (¶ 0058-0060 disclose that flap 1F is lifted to put the wire into slot 1S, but then returns to its initial closed position, therefore the wire is a removable material held within the channel when the device is in its first, closed configuration)
Regarding Claim 4, Widu teaches the device of claim 1 (as presented above), further comprising a cover (flap 1F) configured to cover the channel opening in the first configuration (Figures 8 and 9).
Regarding Claim 6, Widu teaches the device of claim 1 (as presented above), wherein the cover (flap 1F) is hinged (film hinge 1FH) to the device (Figures 8, 9; ¶ 0059).
Regarding Claim 9, Widu teaches the device of claim 1 (as presented above) wherein the channel comprises a vertical slot (Figures 8 and 9, the examiner notes that vertical is not explicitly defined in the claims or the text, therefore the device can be rotated such that any slot is a vertical or horizontal slot).
Regarding Claim 10, Widu teaches the device of claim 1 (as presented above), wherein the channel comprises a horizontal slot (Figures 8 and 9).
Regarding Claim 11, Widu teaches the device of claim 1 (as presented above), wherein the channel is one of a plurality of channels (¶ 0030).
Regarding Claim 12, Widu teaches a system (Figure 1, ¶ 0009, 0026), the system comprising:
a convertible dental auxiliary device (guidance element 1, particularly embodiments as shown in Figures 8 and 9) comprising:
a tooth-bonding surface (tooth engagement surface 1T) configured to be bonded to a tooth surface (¶ 0045 and 0060); and
a body region (the rest of guidance element 1 extending from tooth engagement surface 1T, such as what forms buccal, medial, and distal engagement surfaces 1Eb, 1Em, 1Ed) extending from the tooth-bonding surface (Figures 8 and 9), wherein the body region comprises a channel (slot 1S) extending at least partially through the body region (Figures 8 and 9) and a channel opening (the channel opening is the portion of slot 1S away from tooth engagement surface 1T and covered by flap 1F) configured to receive an orthodontic force accessory within the channel (¶ 0058-0060), wherein the body region is convertible between a first configuration (initial closed position, as shown in Figures 8 and 9) and a second configuration (opened configuration to insert wire as described in ¶ 0059), wherein the channel opening is closed in the first configuration (Figures 8 and 9), and wherein the channel opening is open in the second configuration (¶ 0059);
one or more dental appliances (treatment splint 5) each comprising a receiving region that is configured to engage with an engagement surface of the body region when the body region is in the first configuration (Figure 1); and
an orthodontic force accessory (wire) that is configured to be received by the channel of the convertible dental auxiliary device in the second configuration (¶ 0058-0060 teaches that the wire is inserted into slot 1S when flap 1F is lifted or open).
Regarding Claim 14, Widu teaches the device of claim 12 (as presented above), further comprising a cover (flap 1F) configured to cover the channel opening in the first configuration (Figures 8 and 9).
Regarding Claim 16, Widu teaches the device of claim 12 (as presented above), wherein the cover (flap 1F) is hinged (film hinge 1FH) to the device (Figures 8, 9; ¶ 0059).
Regarding Claim 18, Widu teaches the device of claim 12 (as presented above) wherein the channel comprises a vertical slot (Figures 8 and 9, the examiner notes that vertical is not explicitly defined in the claims or the text, therefore the device can be rotated such that any slot is a vertical or horizontal slot).
Regarding Claim 19, Widu teaches the device of claim 12 (as presented above), wherein the channel comprises a horizontal slot (Figures 8 and 9).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Widu (US 20140178830) as applied to claim 1 above, in further view of Stahl (US 3,964,165).
Regarding Claim 8, Widu teaches the device of claim 1, as presented above. Widu teaches the channel being configured to receive an orthodontic force accessory in the form of a wire, and therefore may not explicitly teach the orthodontic force accessory comprising a power arm. However, Widu does teach that multiple channels can be advantageous (¶ 0030) and that the device is intended to be a hybrid device that works with aligners and convention bracket systems (¶ 0026) such that it may have additional components known for conventional bracket systems.
Stahl, in the same field of endeavor of orthodontic devices (abstract), teaches a convertible dental device (apparatus 10 or 140; convertible because it can be used with or without the additional force accessory in the form of an attachment pin 142, 146, 148) with a tooth bonding surface (band 14) and a body region (bracket 16) comprising a channel (vertical tubular aperture 56) configured for receiving (col 4 lines 47-57) an orthodontic force accessory comprising a power arm (attachment pin 142, 146, 148) that is configured to be secured in the channel (Figures 14 – 16b; col 6 lines 19-42). Stahl teaches that such power arm accessories may be utilized when a tooth needs to be levels before connecting to an arch wire.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device as taught by Widu to include a channel configured to receive a power arm as taught by Stahl. One would be motivated to make this modification because Widu teaches that the device is intended to work with conventional bracket systems and Stahl teaches that sometimes in conventional bracket systems a power arm is needed to adjust the position of a tooth. Stahl furthermore teaches such a force accessory being removable because it is only needed part of the time.
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Widu (US 20140178830) as applied to claim 12 above, in further view of Hwang (US 20120129121).
Regarding Claim 13, Widu teaches the system of claim 12 (as presented above). Widu does not explicitly teach wherein a removable material is held within the channel in the first, closed configuration.
However Hwang, in the same field of endeavor of orthodontic devices (abstract), teaches an dental auxiliary device (orthodontic treatment tube 10) comprising a body region (Figure 2 shows body region comprising main tube 12, caps 14, and tube guide 16; Figure 4 shows the device attached to tooth 3), wherein the body region comprises a channel (channel extending through main tube 12 and caps 14) extending at least partially through the body region (Figures 2 and 4 show it extends completely across the body region) and a channel opening configured to receive an orthodontic force accessory within the channel (wire 5 extends through insertion hole 13 after tube guide 16 is removed; Figure 6; ¶ 0062 and 0065), wherein the body region is convertible between a first, closed configuration (with tube guide 16 inserted; Figure 4; ¶ 0062) and a second, open configuration (with tube guide 16 removed; ¶ 0062). Hwang teaches the inclusion of a removable tube guide inserted into the channel and extending a predetermined length beyond the channel in order to aid the operator in adhering the device to the tooth in the correct orientation (¶ 0062).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Widu to further include a removable material in the channel in the first, closed configuration as taught by Hwang. One would be motivated to make this change in order to aid the user in adhering the convertible device to the tooth in the correct orientation. The removable material taught by Hwang and the hinged cover could both be utilized together and both would close the channel, putting the device in the first configuration. The removable material in the channel taught by Hwang would also be applicable to other embodiments of the guidance element taught by Widu.
Claim 15 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Widu (US 20140178830) as applied to claim 12 above, in further view of Abels (US 20020025500).
Regarding Claim 15, Widu teaches the system of claim 12 (as presented above). Widu teaches that the cover is removable from the channel opening, in that it teaches the cover (flap 1F) can be lifted off of the channel opening to expose the channel opening (¶ 0058-0060). However, if such a lifting while remaining attached to the device is not considered to be a cover that is removable from the channel opening, then Widu does not explicitly teach a removable cover.
Abels, in the same field of endeavor of convertible orthodontic devices (abstract), teaches a device (orthodontic bracket with base 10 as shown in Figure 3) comprising a tooth-bonding surface (bottom 30) and a body region (base 10), wherein the body region comprises a channel (slot 11) configured to receive an orthodontic force accessory within the channel (slot is configured to receive archwire 15), wherein the body region is convertible between a first configuration (with cover 20’ closed as seen in Figure 3) and a second configuration (with the cover open as seen in Figures 1 and 4 but also applicable to device as shown in Figure 3 with removable cover 20’), wherein the channel opening is closed in the first configuration (Figure 3), and wherein the channel opening is open in the second configuration (cover 20’ removed), and wherein the device has a cover (cover 20’) is removable from the channel opening (¶ 0033). Abels teaches that it is desirable for the cover to be removable when it is not possible for the cover to flip open on a hinge due to the location of the teeth (¶ 0033).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Widu to include a removable cover on the convertible dental auxiliary device as taught by Abels in order to make the device usable in locations where it may not be possible to open a hinged cover due to the location of the teeth.
Claims 1, 4, 5, 7, 12, 14, 15, and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Widu (US 20140178830) in view of Valle Gonzalez (ES 2385732).
Regarding Claim 1, Widu teaches a dental auxiliary device (guidance element 1, particularly embodiment shown in Figures 15, but also embodiments shown in Figures 2-5, 7, 10-14), the device comprising:
a tooth-bonding surface (tooth engagement surface 1T) configured to be bonded to a tooth surface (¶ 0045); and
a body region (the rest of guidance element 1 extending from tooth engagement surface 1T, such as what forms buccal, medial, and distal engagement surfaces 1Eb, 1Em, 1Ed) extending from the tooth-bonding surface (Figure 15), wherein the body region comprises a channel (slot 1S) extending at least partially through the body region (Figure 15) and a channel opening (ends of slot 1S as seen in Figures 15b and c) configured to receive an orthodontic force accessory within the channel (slot receives a wire - ¶ 0067).
These embodiments in Widu do not explicitly teach the body region being convertible between a first, closed configuration and a second, open configuration.
However, Valle Gonzalez, in the same field of endeavor of orthodontic appliances (abstract), teaches covering brackets with an elastic bag or “miniglobs” (Figure 5) made of thin rubber, silicone, or similar elastic materials. Valle Gonzalez teaches the addition of these covers to brackets in order to improve aesthetics, provide a smoother exterior surface to the bracket, and reduce complications in the case of breaks or detachment of brackets (“Object of invention” section). Valle Gonzalez also teaches that the elastic covers can act to increase or replace ligatures (first paragraph of “Detailed description of invention” section).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dental auxiliary device taught by Widu to further include an elastic cover as taught by Valle Gonzalez in order to provide improved aesthetics and increase the ligature of a wire into the device. The elastic cover or mini-bag taught by Valle Gonzalez serves to cover and therefore close any channel openings when it is installed on an orthodontic device (first, open configuration) and can be punctured or removed to convert the device into a second, open configuration.
Regarding Claim 4, Widu and Valle Gonzalez teach the device of claim 1, as presented above. The combination teaches the device further comprising a cover configured to cover the channel in the first, closed configuration, as the mini-bag taught by Valle Gonzalez covers the device and the channel in the device.
Regarding Claim 5, Widu and Valle Gonzalez teach the system of claim 4, as presented above. The cover or mini-bag taught by Valle Gonzalez is removable from the device.
Regarding Claim 7, Widu and Valle Gonzalez teach the device of claim 4, as presented above. Valle Gonzalez further teaches the cover comprises a penetrable material (the thin rubber or silicone bag taught by Valle Gonzalez is capable of being punctured by a wire) and the combination with Widu teaches such a cover configured to be pierced to provide access to the channel (Widu teaches the embodiment of the guidance element shown in Figure 15 as being essentially pierced by the wire in order to install a wire, therefore it would be obvious to also pierce the cover covering the channel, therefore leaving the cover in place to provide aesthetic and ligature benefits).
Regarding Claim 12, Widu teaches a system (Figure 1, ¶ 0009, 0026), the system comprising:
a dental auxiliary device (guidance element 1, particularly embodiment shown in Figures 15, but also embodiments shown in Figures 2-5, 7, 10-14) comprising:
a tooth-bonding surface (tooth engagement surface 1T) configured to be bonded to a tooth surface (¶ 0045); and
a body region (the rest of guidance element 1 extending from tooth engagement surface 1T, such as what forms buccal, medial, and distal engagement surfaces 1Eb, 1Em, 1Ed) extending from the tooth-bonding surface (Figure 15), wherein the body region comprises a channel (slot 1S) extending at least partially through the body region (Figure 15) and a channel opening (ends of slot 1S as seen in Figures 15b and c) configured to receive an orthodontic force accessory within the channel (slot receives a wire - ¶ 0067);
one or more dental appliances (treatment splint 5) each comprising a receiving region that is configured to engage with an engagement surface of the body region when the body region is in the first configuration (Figure 1); and
an orthodontic force accessory (wire) that is configured to be received by the channel of the convertible dental auxiliary device in the second configuration (¶ 0067teaches that the wire is inserted into slot 1S).
These embodiments in Widu do not explicitly teach the body region being convertible between a first, closed configuration and a second, open configuration or such a conversion including a penetrable cover.
However, Valle Gonzalez, in the same field of endeavor of orthodontic appliances (abstract), teaches covering brackets with an elastic bag or “miniglobs” (Figure 5) made of thin rubber, silicone, or similar elastic materials. Valle Gonzalez teaches the addition of these covers to brackets in order to improve aesthetics, provide a smoother exterior surface to the bracket, and reduce complications in the case of breaks or detachment of brackets (“Object of invention” section). Valle Gonzalez also teaches that the elastic covers can act to increase or replace ligatures (first paragraph of “Detailed description of invention” section).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dental auxiliary device taught by Widu to further include an elastic cover as taught by Valle Gonzalez in order to provide improved aesthetics and increase the ligature of a wire into the device. The elastic cover bag taught by Valle Gonzalez serves to cover and therefore close any channel openings when it is installed on an orthodontic device (first, open configuration) and can be punctured or removed to convert the device into a second, open configuration.
Regarding Claim 14, Widu and Valle Gonzalez teach the system of claim 12, as presented above. The combination teaches the device further comprising a cover configured to cover the channel in the first, closed configuration, as the mini-bag taught by Valle Gonzalez covers the device and the channel in the device.
Regarding Claim 15, Widu and Valle Gonzalez teach the system of claim 12, as presented above. The combination teaches the device further comprising a cover configured to cover the channel in the first, closed configuration, as the mini-bag taught by Valle Gonzalez covers the device and the channel in the device. This cover is removable from the device.
Regarding Claim 17, Widu and Valle Gonzalez teach the system of claim 12, as presented above. The combination teaches the device further comprising a cover configured to cover the channel in the first, closed configuration, as the mini-bag taught by Valle Gonzalez covers the device and the channel in the device. Valle Gonzalez further teaches the cover comprises a penetrable material (the thin rubber or silicone bag taught by Valle Gonzalez is capable of being punctured by a wire) and the combination with Widu teaches such a cover configured to be pierced to provide access to the channel (Widu teaches the embodiment of the guidance element shown in Figure 15 as being essentially pierced by the wire in order to install a wire, therefore it would be obvious to also pierce the cover covering the channel, therefore leaving the cover in place to provide aesthetic and ligature benefits).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer P. Connell whose telephone number is (703)756-1169. The examiner can normally be reached Monday - Friday 9 am - 3 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER P CONNELL/Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
9/25/2026
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