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 .
Specification
The abstract of the disclosure is objected to because of its undue length of over 150 words, where it is preferably between 50 to 150 words. Correction is required. See MPEP § 608.01(b).
Abstract of the Disclosure: See MPEP § 608.01(f). A brief narrative of the disclosure as a whole in a single paragraph of 150 words or less commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
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 11-23 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.
Regarding claim 11, the recitation that the ”plurality of teeth receiving cavities provide the differential moment to the plurality of teeth in order to increase anchorage of one or more of the plurality of teeth”, is indefinite. It is not understood if this requires providing a differential moment to all of the plurality of teeth or only to the plurality of teeth as a whole. In light of the specification, the recitation will be interpreted and examined as the plurality of teeth receiving cavities provide the differential moment to the plurality of teeth in order to increase anchorage of one or more of the plurality of the second teeth.
Claim 12 recites the limitation "first one or more tooth receiving cavities" and “second one or more tooth receiving cavities” in lines 8 and 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "first one or more tooth receiving cavities" and “second one or more tooth receiving cavities” in lines 10 and 12. There is insufficient antecedent basis for this limitation in the claim.
Claim Objections
Claim 12 is objected to because of the following informalities: In lines 16-17 describes “fabricate an appliance…”. However, due to the claim is directed to a method of manufacturing, it is understood that said limitation should be directed to a step of “fabricating an appliance”. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: In line 4 uses the term “case”. The Office understands that the term is a typographical error, in which the intended word used in the claim is “cause”. Appropriate correction is required.
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.
Claims 2-11 are rejected under 35 U.S.C. 103 as being unpatentable over Choeng (KR 101343129 B1) in view of Cao (US 20090191502 A1), and in further view of Kuo et al. (US 20080233529 A1).
[AltContent: arrow][AltContent: ][AltContent: ][AltContent: arrow][AltContent: textbox (Gap)][AltContent: textbox (Gap)][AltContent: ][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second plurality of teeth)][AltContent: textbox (First plurality of teeth)]
PNG
media_image1.png
480
310
media_image1.png
Greyscale
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second one or more cavities)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plurality of tooth receiving cavities)][AltContent: arrow][AltContent: textbox (Orthodontic appliance)][AltContent: textbox (First one or more cavities)]
PNG
media_image2.png
512
386
media_image2.png
Greyscale
[AltContent: textbox (External force producing mechanism coupled to the plurality of teeth)][AltContent: ]
PNG
media_image3.png
392
382
media_image3.png
Greyscale
Regarding claims 2-6 and 11, Choeng discloses a method of manufacturing an orthodontic appliance (100) for moving one or more teeth of a plurality of teeth, including:
providing a shape profile of an appliance including a polymeric shell (see page 5, lines 15-17 – “transparent material”), the appliance being shaped for placement on the plurality of teeth (see Fig. 1 and 2 above), the appliance including a plurality of tooth receiving cavities shaped to receive each of the plurality of teeth (see annotated Fig. 2 above) and provide a differential force to the plurality of teeth in order to move one or more teeth of the plurality of teeth (see annotated Fig. 8 above – the orthodontic appliance is configured to move the frontal teeth backwards; therefore, the appliance is capable of providing a differential force as described), the plurality of teeth including a first one or more teeth and a second one or more teeth (see annotated Fig. 1 above), wherein the plurality of tooth receiving cavities includes a first one or more cavities shaped to receive the first one or more teeth and a second one or more cavities shaped to receive the second one or more teeth (see annotated Fig. 2 above),
wherein the shape profile of the appliance is configured such that the first one or more tooth receiving cavities generate a first force to the first one or more teeth received by the first one or more tooth receiving cavities and the second one or more tooth receiving cavities generate a second force to the second one or more teeth received by the second one or more tooth receiving cavities, with the first force opposite the second force, wherein the plurality of tooth receiving cavities are configured to facilitate movement of the first one or more teeth toward the second one or more teeth (see the arrows in Fig. 8 above, page 12, line 6-10 – where the arrows in the figure is to indicate the direction of movement of the first plurality of teeth; furthermore, the second teeth receiving cavities are configure to use the wire 146 that is connected to the hook 144 of the first receiving cavities for pulling the first receiving cavity inwards; therefore, if the second teeth receiving cavities pulls the first teeth receiving cavities, it is understood that a counter force is generated in the second teeth receiving cavities to counteract the force generated from the bone tissue surrounding the first tooth, in order to be able to pull the first teeth toward the second teeth); and manufacturing the appliance (see Fig. 8 – where the appliance 100 is already manufactured) (for claim 2); that the that the first one or more teeth includes an anterior group of one or more teeth and the second one or more teeth includes a posterior group of one or more teeth (see 1-2 and 8 above) (for claim 3); the posterior group of one or more teeth includes a plurality of adjacent posterior teeth, the appliance shaped to generate the second counter force with the plurality of adjacent posterior teeth (see the arrows in Fig. 8 above, page 12, line 6-10 – see above claim 2; therefore, if the second teeth receiving cavities pulls the first teeth receiving cavities, it is understood that a counter force is generated in the second teeth receiving cavities to counteract the force generated from the bone tissue surrounding the first tooth, in order to be able to pull the first teeth toward the second teeth) (for claim 4); to include an external force producing mechanism coupled to the plurality of teeth, wherein the external force producing mechanism is arranged to apply a force to the posterior group of one or more teeth so as to reduce movement of the posterior group of one or more teeth (see page 6, line 22 through col. 7, line 10 - where the maintenance member 132, the core member 134 and the bracket 136 are called the anchor part 130; therefore, it is understood that it constitute the external force producing mechanism that applies a force to the posterior teeth to reduce their movement) (for claim 6); and where the plurality of teeth receiving cavities provide the differential force to the plurality of teeth in order to increase anchorage of one or more of the plurality of teeth (see annotated Fig. 8 above – the bracket surrounding the posterior teeth/main capacitance element 132 has the shape to maintain the posterior teeth in place while the frontal teeth are pulled; and where bracket 136 attached to the bracket surrounding the posterior teeth/main capacitance element 132 includes a hook configured to pull the elastic chain 146 attached to the first one or more cavities of the anterior teeth, where that pulling action is considered an anchorage, in order for the posterior teeth been able to pull the anterior teeth) (for claim 11).
However, Choeng does disclose that the shape profile of the appliance is by a processor; that the plurality of tooth receiving cavities provide a differential moment; that the first one or more tooth receiving cavities generate a first counter moment; that second one or more tooth receiving cavities generate a second counter moment; and that the first counter moment opposite the second counter moment (for claim 2); that the first counter moment of the anterior group of one or more teeth opposes the second counter moment of the posterior group of one or more teeth (for claim 3); that the appliance is shaped to generate the second counter moment with the plurality of adjacent posterior teeth (for claim 4); and that the first counter moment is less than the second counter moment in order to move the anterior group of one or more teeth toward the plurality of adjacent posterior teeth (for claim 5); and the plurality of teeth receiving cavities provide the differential moment to the plurality of teeth in order to increase anchorage of one or more of the plurality of teeth (for claim 11).
Cao teaches it is well known in the art that “multitude of resistances are imparted by the tissues surrounding the teeth, in which it is considered all as one. That resistance is centered in a point located within the root of the tooth, in which it is called the center of resistance. Therefore, when a force is imparted directly to the center of resistance it would result in the translation of the tooth in a particular direction. When a force is imparted to the crown, it produces a moment around the center of resistance resulting in tipping of the tooth. If a second force is applied to the crown of the tooth, it can be selected to produce a moment to counteract the initial moment. If that moment produced by the second force is equivalent in magnitude and opposite in direction the moments are cancelled, and translation of the tooth is created. In this way, increase of the moment produced by the second force beyond balancing the initial moment will result in root movement.” ([0033]).
Furthermore, the magnitudes of the forces applied to the teeth, and the location and distribution of those forces on the tooth surface will control the type of tooth movement ([0035]). In order to effectively apply the necessary forces to the tooth and avoid any appliance distortion, the appliance can be modified to include an altered or inflated surface, or remove certain forces coming from the same appliance to the tooth, in this way optimizing the contact points of the appliance with the crown to deliver a system of forces and moment for the correct movement of the tooth in the desired direction (see [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the forces applied to the tooth with the appliance of Choeng, with the location and distribution of forces to create a momentum of Cao, in order for the appliance to apply the forces directly to the center of resistance of the tooth so that a horizontal displacement of the tooth is done instead of tipping of the tooth.
However, Choeng/Cao does disclose that the shape profile of the appliance is by a processor.
Kuo et al. teaches the use of a computer (in which includes at least one processor) to generate a model of the upper and lower jaw of a patient. Said computer is configured to model the movement and contact between the teeth of both jaws. Furthermore, it is configured to simulate the correct physical correct position of the teeth during occlusion and to model the position of the teeth throughout the treatment plan. Finally, the computer is configured to design and fabricate the appliance based on the treatment plan (see [0034] - [0036] and [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of manufacturing the orthodontic appliance of Choeng/Cao, with the use of a computer to simulate the jaw of the patient, the treatment plan and the design and fabrication of the appliance based on the treatment plan simulation of Kuo, in order to be able to analyze the sequence of movement of the teeth throughout every step of the treatment plan, and where the forces should be applied for each step of the treatment. Furthermore, the use of a computer allows to digitally fabricate the appliance based on the specific treatment plan, in this way providing a more accurate customized treatment for each patient.
Regarding claim 7, Choeng/Cao/Kuo discloses the claimed invention substantially as claimed, as set forth above for claim 6, and where Choeng discloses that the force applied to the posterior group of one or more teeth by the external force producing mechanism includes a distal force component (see page 12, line 6-10 - if the second teeth receiving cavities pulls the first teeth receiving cavities, it is understood that exist a force generated in the second teeth receiving cavities to counteract the force generated from the bone tissue surrounding the first tooth, in order to be able to pull the first teeth toward the second teeth; therefore, the pulling force is a distal force component).
Regarding claim 8, Choeng/Cao/Kuo discloses the claimed invention substantially as claimed, as set forth above for claim 6, and where Choeng discloses that the external force producing mechanism includes an elastic (see Fig. 8 above – where the external force producing mechanism includes an elastic material of an energy chain 146 attached to the bracket 136, in which is configured to pull the first teeth receiving cavities towards the second teeth receiving cavities).
Regarding claim 9, Choeng/Cao/Kuo discloses the claimed invention substantially as claimed, as set forth above for claim 2, and where Choeng discloses that the one or more of the plurality of tooth receiving cavities includes one or more engagement structures shaped to receive one or more attachments (see Fig. 2 and 8 above – where the device includes the hooks 144 and the brackets 136 for engagement with the elastic chain 146).
Regarding claim 10, Choeng/Cao/Kuo discloses the claimed invention substantially as claimed, as set forth above for claim 2.
However, Choeng does not disclose that the polymeric shell includes a plurality of activation sites to store energy with a plurality of deflections of the polymeric shell in order to direct movement of the teeth.
On the other hand, if the device is made of a transparent material, it is understood that it is a polymer, that when provided said shell applies a force through contact towards the teeth. Due to the shell is made of that transparent material, a person skill in the art would see obvious that the appliance is made of a polymer material, that can deform when a force is provided. At the same time said deformation is considered an energy storage area that will provide a force to the portion that is in contact with the surface of the tooth, in order to move the tooth or teeth in the opposite direction of the applied force. (see Fig. 8 above and page 5, lines 15-17).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Choeng (KR 101343129 B1) in view of Cao (US 20090191502 A1).
Regarding claim 12-15, Choeng discloses a method of manufacturing an orthodontic appliance for moving one or more teeth of a plurality of teeth (see annotated Fig. 8 above), the method including:
receiving scan data of a dental arch of a patient (see page 3, lines 3-9 - where it is well known in the art the procedure based on the “Invisalign System “ to “cut your teeth on a computer using a special program for three-dimensional scan data on the teeth one by one”; therefore, a data of a dental arch taken through a scan is received and used), wherein the scan data includes a gap between adjacent teeth of a plurality of teeth of the dental arch (see annotated Fig. 1 above – where the model shows the gap to be treated in the dental arch between frontal teeth and the posterior teeth of the patient);
generating a treatment plan that provides a differential forces to the plurality of teeth in order to move one or more teeth of the plurality of teeth, the plurality of teeth includes a first one or more teeth and a second one or more teeth (see annotated Fig. 2 and 8 above – the orthodontic appliance is configured to move the frontal teeth backwards; therefore, the appliance is capable of providing a differential force as described; at the same time if the appliance is designed for moving the frontal teeth towards the posterior teeth in order to eliminate the gap, it is understood that a treatment plan is generated),
wherein the treatment plan is configured such that the first one or more tooth receiving cavities generate a first force to the first one or more teeth received by the first one or more tooth receiving cavities and the second one or more tooth receiving cavities generate a second force to the second one or more teeth received by the second one or more tooth receiving cavities, with the first force opposite the second force (it is understood that the first teeth will generate a force based on bone tissue surrounding the root against any movement; therefore, if the second force is configured for pulling the first teeth inwardly, the first teeth will generate an opposing force against the first force), to facilitate movement of the first one or more teeth toward the second one or more teeth to close the gap between the adjacent teeth of a plurality of teeth of the dental arch (see the arrows in Fig. 8 above, page 12, line 6-10 – where the arrows in the figure is to indicate the direction of movement of the first plurality of teeth; furthermore, the second teeth receiving cavities are configure to use the wire 146 that is connected to the hook 144 of the first receiving cavities for pulling the first receiving cavity inwards; therefore, if the second teeth receiving cavities pulls the first teeth receiving cavities, it is understood that a counter force generated by the second teeth receiving cavities is bigger to counteract the force generated by the bone tissue surrounding the first teeth, in order to be able to pull and move the first teeth toward the second teeth); and
fabricate an appliance shaped to generate the forces, when worn by the patient (see Fig. 8 above – where the appliance has been fabricated) (for claim 12); that the first one or more teeth includes an anterior group of one or more teeth and the second one or more teeth includes a posterior group of one or more teeth (see annotated fig. 1 above) (for claim 13); that posterior group of one or more teeth comprises a plurality of adjacent posterior teeth (see annotated Fig. 1 above) (for claim 14).
However, Choeng does not disclose that the treatment plan provides differential moment to the plurality of teeth for moving the one or more teeth of the plurality of teeth; that the treatment plan is configured such that the first one or more tooth receiving cavities generate a first counter moment to the first one or more teeth received by the first one or more tooth receiving cavities and the second one or more tooth receiving cavities generate a second counter moment to the second one or more teeth received by the second one or more tooth receiving cavities, with the first counter moment opposite the second counter moment; and to fabricate an appliance shaped to generate the differential moment, first and second counter moments, and the counter force when worn by the patient (for claim 12); that the first counter moment of the anterior group of one or more teeth opposes the second counter moment of the posterior group of one or more teeth (for claim 13); that the appliance is shaped to generate the second counter moment with the plurality of adjacent posterior teeth (for claim 14); that the first counter moment is less than the second counter moment in order to move the anterior group of one or more teeth toward the plurality of adjacent posterior teeth (for claim 15).
Cao teaches that it is well known in the art that “multitude of resistances are imparted by the tissues surrounding the teeth, in which it is considered all as one. That resistance is centered in a point located within the root of the tooth, in which it is called the center of resistance. When a force is imparted directly to the center of resistance it would result in the translation of the tooth in a particular direction. When a force is imparted to the crown, it produces a moment around the center of resistance resulting in tipping of the tooth. If a second force is applied to the crown of the tooth, it can be selected to produce a moment to counteract the initial moment. If that moment produced by the second force is equivalent in magnitude and opposite in direction the moments are cancelled, and translation of the tooth is created. In this way, increase of the moment is produced by the second force beyond balancing the initial moment resulting in root movement.” (see [0033]). Furthermore, the magnitudes of the forces applied to the teeth, and the location and distribution of those forces on the tooth surface will control the type of tooth movement (see [0035]). In order to effectively apply the necessary forces to the tooth and avoid any appliance distortion, the appliance can be modified to include an altered or inflated surface, or remove certain forces coming from the same appliance to the tooth, in this way optimizing the contact points of the appliance with the crown to deliver a system of forces and moment for the correct movement of the tooth in the desired direction (see [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the forces applied to the tooth with the appliance of Choeng, with the location and distribution of forces to create the moment of Cao, in order for the appliance to apply the forces directly to the center of resistance of the tooth so that a horizontal displacement of the tooth is done instead of tipping of the tooth.
Claims 16-23 are rejected under 35 U.S.C. 103 as being unpatentable over Choeng (KR 101343129 B1) in view of Cao (US 20090191502 A1) as applied to claim 13 above, and further in view of Kuo et al. (US 20080233529 A1).
Regarding claim 16, Choeng/Cao discloses the claimed invention substantially as claimed, as set forth above for claim 13, and where Choeng discloses further including providing instructions, to include an external force producing mechanism coupled to the plurality of teeth, wherein the external force producing mechanism is arranged to apply a force to the posterior group of one or more teeth so as to reduce movement of the posterior group of one or more teeth. (see page 6, line 22 through col. 7, line 10 - where the maintenance member 132, the core member 134 and the bracket 136 are called the anchor part 130; therefore, it is understood that it constitutes the external force producing mechanism that applies a force to the posterior teeth to reduce their movement).
However, Choeng/Cao does not disclose further using a processor for providing instructions to include the external force producing mechanism.
Kuo et al. teaches the use of a computer (in which includes at least one processor) to generate a model of the upper and lower jaw of a patient. Said computer is configured to model the movement and contact between the teeth of both jaws. Furthermore, it is configured to simulate the correct physical correct position of the teeth during occlusion and to model the position of the teeth throughout the treatment plan (see [0034] - [0036] and [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of manufacturing the orthodontic appliance of Choeng/Cao, with the use of a computer to simulate the jaw of the patient, the treatment plan and the design and fabrication of the appliance based on the treatment plan simulation of Kuo, in order to be able identify the location and distribution of any external force to the posterior teeth to be able to pull the anterior teeth inwardly.
[AltContent: ][AltContent: textbox (Distal force component of the external force producing mechanism)]
PNG
media_image3.png
392
382
media_image3.png
Greyscale
Regarding claim 17, Choeng/Cao/Kuo discloses the claimed invention substantially as claimed, as set forth above for claim 16, and where Choeng discloses that the force applied to the posterior group of one or more teeth by the external force producing mechanism includes a distal force component (see annotated Fig. 8 above – where bracket 136 attached to the bracket surrounding the posterior teeth/main capacitance element 132 includes a hook configured to pull the elastic chain 146 attached to the first one or more cavities, where that pulling action is considered the distal force component).
Regarding claims 18-21, Choeng discloses a system for manufacturing an orthodontic appliance for moving one or more teeth of a plurality of teeth, the system including:
a fabrication machine (see Fig. 1 and 8 – where a fabrication machine was used to produce the device shown); and
a processor and memory including instructions that when executed, case the system to:
receive scan data of a dental arch of a patient (see page 3, lines 3-9 - where it is well known in the art the procedure based on the “Invisalign System “ to “cut your teeth on a computer using a special program for three-dimensional scan data on the teeth one by one”; therefore, a data of a dental arch taken through a scan is received and used for the analysis, and also it is used a computer/processor including a memory to run the special program); wherein the scan data includes a gap between adjacent teeth of a plurality of teeth of the dental arch (see annotated Fig. 1 above – where the model shows the gap to be treated in the dental arch between frontal teeth and the posterior teeth of the patient);
generate a treatment plan that provides a differential force to the plurality of teeth in order to move one or more teeth of the plurality of teeth, the plurality of teeth including a first one or more teeth and a second one or more teeth (see annotated Fig. 2 and 8 above – the orthodontic appliance is configured to move the frontal teeth backwards; therefore, the appliance is capable of providing a differential force as described; at the same time if the appliance is designed for moving the frontal teeth towards the posterior teeth in order to eliminate the gap, it is understood that a treatment plan is generated),
wherein the treatment plan is configured such that the first one or more tooth receiving cavities generate a first force to the first one or more teeth received by the first one or more tooth receiving cavities and the second one or more tooth receiving cavities generate a second force to the second one or more teeth received by the second one or more tooth receiving cavities, with the first force opposite the second force, to facilitate movement of the first one or more teeth toward the second one or more teeth to close the gap between the adjacent teeth of a plurality of teeth of the dental arch (see the arrows in Fig. 8 above, page 12, line 6-10 – where the arrows in the figure is to indicate the direction of movement of the first plurality of teeth; furthermore, the second teeth receiving cavities are configure to use the wire 146 that is connected to the hook 144 of the first receiving cavities for pulling the first receiving cavity inwards; therefore, if the second teeth receiving cavities pulls the first teeth receiving cavities, it is understood that a counter force is generated in the second teeth receiving cavities to counteract the force generated from the bone tissue surrounding the first tooth, in order to be able to pull the first teeth toward the second teeth); and
fabricate an appliance shaped to generate the forces, first and second forces, when worn by the patient (see Fig. 8 above – where the final device is fabricated with the capability to impart the forces to the teeth to move the first teeth towards the second teeth) (for claim 18);
wherein the first one or more teeth includes an anterior group of one or more teeth and the second one or more teeth includes a posterior group of one or more teeth (see annotated Fig. 1 above) (for claim 19);
wherein the posterior group of one or more teeth comprises a plurality of adjacent posterior teeth (see annotated Fig. 1 above) (for claim 20);
However, Chroeng does not disclose that the generation of the treatment plant provides a differential moment to the plurality of teeth in order to move one or more teeth of the plurality of teeth, and the treatment plan is configured such that the first one or more tooth receiving cavities generate a first counter moment to the first one or more teeth received and the second one or more tooth receiving cavities generate a second counter moment to the second one or more teeth, with the first counter moment opposite the second counter moment and to fabricate an appliance shaped to generate the differential moment, first and second counter moments, and the counter force when worn by the patient (for claim 18); wherein the first counter moment of the anterior group of one or more teeth opposes the second counter moment of the posterior group of one or more teeth (for claim 19); that the appliance shaped to generate the second counter moment with the plurality of adjacent posterior teeth (for claim 20); wherein the first counter moment is less than the second counter moment in order to move the anterior group of one or more teeth toward the plurality of adjacent posterior teeth (for claim 21).
Cao teaches it is well known in the art that “multitude of resistances are imparted by the tissues surrounding the teeth, in which it is considered all as one. That resistance is centered in a point located within the root of the tooth, in which it is called the center of resistance. Therefore, when a force is imparted directly to the center of resistance it would result in the translation of the tooth in a particular direction. When a force is imparted to the crown, it produces a moment around the center of resistance resulting in tipping of the tooth. If a second force is applied to the crown of the tooth, it can be selected to produce a moment to counteract the initial moment. If that moment produced by the second force is equivalent in magnitude and opposite in direction the moments are cancelled, and translation of the tooth is created. In this way, increase of the moment produced by the second force beyond balancing the initial moment will result in root movement.” ([0033]).
Furthermore, the magnitudes of the forces applied to the teeth, and the location and distribution of those forces on the tooth surface will control the type of tooth movement ([0035]). In order to effectively apply the necessary forces to the tooth and avoid any appliance distortion, the appliance can be modified to include an altered or inflated surface, or remove certain forces coming from the same appliance to the tooth, in this way optimizing the contact points of the appliance with the crown to deliver a system of forces and moment for the correct movement of the tooth in the desired direction (see [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the forces applied to the tooth of the appliance of Choeng, with the location and distribution of forces to create a momentum as in Cao, in order to design and fabricate a dental appliance for applying forces directly to the center of resistance of the tooth so that a horizontal displacement of the tooth is done instead of tipping of the tooth.
[AltContent: ][AltContent: textbox (Distal force component of the external force producing mechanism)][AltContent: ][AltContent: textbox (External force producing mechanism coupled to the plurality of teeth)]
PNG
media_image3.png
392
382
media_image3.png
Greyscale
Regarding claim 22, Choeng/Cao discloses the claimed invention substantially as claimed, as set forth above for claim 19, and where Choeng discloses further including an external force producing mechanism (130) coupled to the plurality of teeth, wherein the external force producing mechanism is arranged to apply a force to the posterior group of one or more teeth so as to reduce movement of the posterior group of one or more teeth (see annotated Fig. 8 above – the bracket surrounding the posterior teeth/main capacitance element 132 has the shape to maintain the posterior teeth in place while the frontal teeth are pulled).
Regarding claim 23, Choeng/Cao discloses the claimed invention substantially as claimed, as set forth above for claim 19, and where Choeng discloses that the force applied to the posterior group of one or more teeth by the external force producing mechanism includes a distal force component (see annotated Fig. 8 above – where bracket 136 attached to the bracket surrounding the posterior teeth/main capacitance element 132 includes a hook configured to pull the elastic chain 146 attached to the first one or more cavities, where that pulling action is considered the distal force component).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights