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 Group I, claims 1-14 in the reply filed on July 8, 2026 is acknowledged.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 8, 2026.
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) 1-5 and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izugami et al. (2015/0245887) in view of Kopelman (2016/0081768).
With respect to claim 1, Izugami teaches an orthodontic alignment device comprising a tooth portion 20 having a dentition-receiving cavity configured to be placed over one or more of a patient's teeth, the tooth portion configured to contact one or more predetermined surfaces of one or more of the patient's teeth to apply a distalizing force to move one or more teeth in a distal direction (see figs. 1b, 2c-2d, 6b, 7, 8b. pars. 8; 15, 17, 70, 80, 86) and an anchorage portion 10 extending from the tooth portion and configured to abut at least one portion of the patient's palate (see figs. 1b, 2c-2d, 6b, 7, 8b., pars. 12-13, 68), wherein the anchorage portion includes a palatal contour anchorage feature that is contoured to the patient’s palate to exert pressure on the patient’s palate when worn and that has a surface are sufficiently large to disperse a reaction force on the patient’s palate that balances at least in part the distalizing fore applied by the tooth portion when the tooth portion is placed over one or more of the patient’s teeth, wherein the PCA feature does not apply a sufficient amount of force to the patient's palate to result in palatal expansion (pars. 8; 15, 17, 68, 70, 80, 86, such that Izugami does not teach palatal expansion, just movement of teeth in the desired direction and that portion 10 which includes the PCA feature provides anchorage and prevents movement from a reaction force, i.e. balances the force of the tooth portion, such that the portion of element 10 that contacts the palate, i.e. not teeth cavities, it the PCA). Izugami teaches the invention as substantially claimed and discussed above including the feature being located on the palate of the user, however, does not specifically teach the feature is a palatal contour anchorage feature that is offset from a contour of the patient’s palate.
Kopelman teaches an orthodontic alignment device comprising a tooth portion having a dentition receiving cavity configured to be placed over one or more of a patient’s teeth (see figs. 1, 7-8, such that the tooth portion is the portion of the shell shaped to receive the teeth, pars. 4, 39), the tooth portion configured to contact one or more predetermined surfaces of one or more of the patient’s teeth to apply a force to move one or more teeth in a direction (see pars. 4, 39), and an anchorage potion (see fig. 1, such that the anchorage portion extends from the shell portion across the palate), wherein the anchorage portion includes a palatal contour anchorage (PCA) feature that is offset from a contour of the patient’s palate to exert pressure on the patient’s palate when worn (see pars. 43-44, 46, 61, 109). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the e PCA feature of Izugami with the PCA feature taught by Kopelman that is offset in order to avoid uncomfortable pressure spots.
With respect to claim 2 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches a strain relief feature 30 between the PCA feature and the tooth portion (see figs. 6b-7, 8b, 10b, pars. 29-31, 67, 72, such that element 30 can be a spring or rubber element which is a strain relief feature).
With respect to claim 3 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches wherein the strain relief feature is configured to be flexed, deformed and/or compressed to make an initial insertion of the device easier (see figs. 6b-7, 8b, 10b, pars. 29-31, 67, 72, such that element 30 can be a spring or rubber element which when designed to deliver a distalizing force, would be compressed in an initial insertion to the provide the force in the distal direction once inserted).
With respect to claim 4 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches the strain relief features comprises a spring like joint structure (see figs. 6b-7, 8b, 10b, pars. 29-31, 67, 72, such that the strain relief element is a spring and therefore comprises a spring like joint).
With respect to claim 5 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches wherein the anchorage portion has a contour that mat aches a surface contour of at least one portion of the patient’s palate (par. 68, 70).
With respect to claim 9 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches wherein a contour of the anchorage portion at least partially matches a surface contour of a portion of the hard palate (see figs. 6b-7, 8b, 10b, pars. 68, 70).
With respect to claim 10 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches the anchorage portion comprises a temporary anchorage device receptable for receiving a portion of an implanted temporary anchorage device 70 (see figs. 6b, 8b, pars. 82-84, 87-88).
With respect to claim 11 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches the tooth portion comprises one or more anchor receptables configured to receive anchors 60 that have been attached to one or more of the patient’s teeth (see fig. 2d, par. 73).
With respect to claim 12, Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami teaching the PCA feature is located at an anterior portion of the patient’s palate and configured to exert pressure on an anterior portion of the patient’s palate when worn, and the surface area of the PCA feature is sufficiently large to disperse a reaction force on the anterior portion of the patient’s palate (see figs. 6b-7, 8b, 10b, such that PCA feature includes an anterior portion configured to function as claimed, see above detailed explanation with respect to claim 1).
With respect to claim 13, Izugami teaches an orthodontic alignment device comprising a tooth portion 20 having a dentition-receiving cavity configured to be placed over one or more of a patient's teeth, the tooth portion configured to contact one or more predetermined surfaces of one or more of the patient's teeth to apply a distalizing force to move one or more teeth in a distal direction (see figs. 1b, 2c-2d, 6b, 7, 8b. pars. 8; 15, 17, 70, 80, 86) and an anchorage portion 10 extending from the tooth portion and configured to abut at least one portion of the patient's palate (see figs. 1b, 2c-2d, 6b, 7, 8b., pars. 12-13, 68), wherein the anchorage portion includes a palatal contour anchorage feature that is contoured to the patient’s palate to exert pressure on an anterior portion of the patient’s palate when worn and that has a surface are sufficiently large to disperse a reaction force on the patient’s palate that balances at least in part the distalizing fore applied by the tooth portion when the tooth portion is placed over one or more of the patient’s teeth, wherein the PCA feature does not apply a sufficient amount of force to the patient's palate to result in palatal expansion (pars. 8; 15, 17, 68, 70, 80, 86, such that Izugami does not teach palatal expansion, just movement of teeth in the desired direction and that portion 10 which includes the PCA feature provides anchorage and prevents movement from a reaction force, i.e. balances the force of the tooth portion, such that the portion of element 10 that contacts the palate, i.e. not teeth cavities, is the PCA, see figures listed above, such that portion 1 that is on the anterior portion of the palate is the claimed PCA). Izugami teaches the invention as substantially claimed and discussed above including the feature being located on the palate of the user, however, does not specifically teach the feature is a palatal contour anchorage feature that is offset from a contour of the patient’s palate.
Kopelman teaches an orthodontic alignment device comprising a tooth portion having a dentition receiving cavity configured to be placed over one or more of a patient’s teeth (see figs. 1, 7-8, such that the tooth portion is the portion of the shell shaped to receive the teeth, pars. 4, 39), the tooth portion configured to contact one or more predetermined surfaces of one or more of the patient’s teeth to apply a force to move one or more teeth in a direction (see pars. 4, 39), and an anchorage potion (see fig. 1, such that the anchorage portion extends from the shell portion across the palate), wherein the anchorage portion includes a palatal contour anchorage (PCA) feature that is offset from a contour of the patient’s palate to exert pressure on the patient’s palate when worn (see pars. 43-44, 46, 61, 109).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the e PCA feature of Izugami with the PCA feature taught by Kopelman that is offset in order to avoid uncomfortable pressure spots.
With respect to claim 14 Izugami/Kopelman teaches the invention as substantially claimed and discussed above including Izugami further teaches a strain relief feature 30 between the PCA feature and the tooth portion (see figs. 6b-7, 8b, 10b, pars. 29-31, 67, 72, such that element 30 can be a spring or rubber element which is a strain relief feature).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izugami et al. (2015/0245887) in view of Kopelman (2016/0081768) as applied to claim 1 above, and further in view of Ney (DE 10 2008 057 226).
Izugami/Kopelman teaches the invention as substantially claimed and discussed above including the device is designed to deliver desired forces to the user in order to move the teeth in a desired manner, however, does not specifically teach the anchorage portion is configured to exert less than a predetermined amount of pressure against the patient’s palate, the predetermined amount of pressure causes tissue damage to the patient’s palate, wherein the tissue damage is capillary dame, desquamation, or necrosis.
Ney teaches an orthodontic alignment device comprising a tooth portion 1 and an anchorage portion 3/4.
Further with respect to claims 6-8, Ney teaches the anchorage portion is configured to exert less than a predetermined amount of pressure against the patient’s palate, the predetermined amount of pressure causes tissue damage to the patient’s palate, wherein the tissue damage is capillary dame, desquamation, or necrosis (see par. 9 of translation, specifically necrosis). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the device of Izugami/Kopelman to prevent excess forces/pressure as taught by Ney in order to prevent damage to the underlying tissue.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Jeckel teaching a distribution of a reaction force.
The prior art pf Phan teaching an integral spring (see fig. 11).
The prior art of Duran Von Arx teaching an orthodontic device for delivering a distalizing force to the teeth (see fig. 3).
The prior art of Kopelman teaching different strain elements between different parts of an orthodontic alignment device.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 8/18/2026
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