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:
In claim 1, the dash lines at the beginning of each sentence should be removed, and the capital letters should be changed to lower case
In claim 3, line 2, --curved-- should be inserted before “guide”.
In claim 6, the dash lines should be removed.
In claim 17, the dash lines should be removed.
Appropriate correction is required.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following limitations have been considered as such:
In claim 1, lines 2 and 3, “attachment means for attaching to a first mouth holder”.
In claim 1, line 5, “attachment means for attaching to a second mouth holder”.
In claim 1, line 7, “first displacement means for moving the second segment relative to the first segment”.
In claim 3, line 2, “means for determining the position of the second base with respect to said guide”.
In claim 8, lines 1 and 2, “attachment means for attaching to a second mouth holder”
In claim 10, line 2, “attachment means for attaching to the attachment means for attaching the first and second segments”.
In claim 12, line 2, “adaptation means for adapting to the anteroposterior dimensions of the patient’s teeth.
In claim 14, line 2, “adaptation means for adapting to the transverse size of the patient’s arch”.
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 1-17 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.
In claim 1, line 15, “by means of second displacement means” is unclear. For purposes of this action, this will be interpreted as –by a second displacement means--.
In claim 9, line 2, “the offset distance” has no prior antecedent basis. It is suggested that this be amended to read –an offset distance--.
In claim 12, line 1, “it” is unclear as to what is being referred to. For purposes of this action, it will be assumed that “it” means –the first or second mouth holder--.
In claim 14, line 1, “it” is unclear as to what is being referred to. For purposes of this action, it will be assumed that “it” means –the first or second mouth holder--.
In claim 15, lines 2 and 3, “the central area” and “the first and second sides” have no prior antecedent basis.
In claim 16, line 1, “said fastening” has no prior antecedent basis.
In claim 17, lines 11 and 12, “the sprocket” is unclear which sprocket is being referred to. It is suggested that –of the locking assembly—be inserted before “the”.
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The claims in this application have not been rejected with prior art because the prior art of record fails to disclose either singly or in combination, the mandibular advancement selector as recited in claim 1.
The prior art cited shows the current state of the art, and discloses similar mandibular advancement selectors, with the reference to Keller 2,001,963 appearing to be the closest prior art. Keller discloses a guide 36 (see figs. 2 and 3), but does not disclose the guide as claimed, including how the guide emerges from the first end of the first base at a lower end, as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached 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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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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