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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-15, in the reply filed on 5/27/2026 is acknowledged.
Claims 16-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 5/27/2026.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 and 7-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robson (U.S. -Patent Application Publication No. US 2007/0224567 A1).
Regarding independent claim 1, Figures 1-19 discloses applicant’s claimed strut (304, Figure 8-10) for an oral aligning appliance (100), the strut (304) comprising:
a unitary body (532, paragraph 0088 discloses connector 304 can be formed , in a whole, which is interpreted to be a unitary body) formed from a polymeric material (paragraph 0088 discloses connector 304 is formed of polymers, plastic, which are interpreted to be a polymeric material), the unitary body having an anterior end (480)and a posterior end (330);
a posterior projection (542) connected to the posterior end (330); and
an anterior projection (540) connected the anterior end (480),
wherein the anterior projection (540) and the posterior projection (542) are each shaped as a spherical segment (see Figures 7-10).
Regarding claim 2, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the posterior projection (481) and the anterior projection (542) are respectively configured for removably connecting to corresponding female housings of the oral aligning appliance (see Figures 7 & 11).
Regarding claim 3, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the posterior projection (542) is connected to the posterior end (330) at a first tapered section (Figures 7-10 illustrate posterior end 330 has a tapered section) and the anterior projection (540) is connected to the anterior end (480) at a second tapered section (Figures 7-10 illustrate anterior end 480 has a tapered section).
Regarding claim 4, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the posterior projection (542) and the anterior projection (540) are integrally and monolithically formed with the unitary body (532).
Regarding claim 5, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the unitary body (532) includes a bend (elbow 336) between 80 and 100 degrees (see Figures 7-10).
Regarding claim 7, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein a length between the bend and the anterior end is greater than a length between the bend and the posterior end (see Figure 7-10).
Regarding claim 8, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein an outer corner of the bend (336) is rounded (see Figures 7-10).
Regarding independent claim 9, Figures 1-19 discloses applicant’s claimed oral aligning appliance (100 for concurrently treating sleep apnea and aligning
dentition in a user, the oral aligning appliance (100) comprising:
an upper alignment tray (120) configured for receiving upper teeth of the user;
a first female housing (312) positioned on a first side of the upper alignment tray (120) and a second female housing positioned on an opposite side of the upper alignment tray (Figure 2 illustrates 2nd tray & 2nd female housing on other side of device 100);
a lower alignment tray (122) configured for receiving lower teeth of the user;
a first female housing (322) positioned on a first side of the lower alignment tray (122) and a second female housing positioned on an opposite side of the lower alignment tray (Figure 2 illustrates 2nd tray & 2nd female housing on other side of device 100); and
a pair of struts (130) pivotably joined to each of the upper alignment tray (120) and the lower alignment tray (122), wherein each strut includes a body (532), a posterior projection (542), and an anterior projection (540),
wherein each of the posterior projections (542) and the anterior projections (540) is removably connected to a corresponding female housing (312, 322, see Figure 6), and
each of the anterior projections (542) and the posterior projections (540) is shaped as spherical segment (see Figures 7-10).
Regarding claim 10, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein each female housing (312, 322) has the same dimensions and each of the anterior projections (542) and the posterior projections (540) have the same dimensions (see Figures 6-10).
Regarding claim 11, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein each of the upper and lower alignment trays (120, 122) is replaceable as part of the aligning the dentition of the user.
Regarding claim 12, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the first female housing (312) positioned on the first side of the upper alignment tray (120) includes a first base (410) with a first wedge shape (400) and the second female housing positioned on the opposite side of the upper alignment tray includes a second base with a second wedge shape (Figure 2 illustrates 2nd base & 2nd wedge shape on other side of device 100).
Regarding claim 13, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the first female housing (322) positioned on the first side of the lower alignment tray (122) includes a first base (320) with a first concave shape (see Figure 2) and the second female housing positioned on the opposite side of the upper alignment tray includes a second base with a second concave shape (Figure 2 illustrates 2nd base & 2nd wedge shape on other side of device 100).
Regarding claim 14, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the first female housing (312) positioned on the first side of the upper alignment tray (120) includes a first base with a first concave shape and the second female housing positioned on the opposite side of the upper alignment tray (122) includes a second base with a second concave shape (see Figures 2 and 5-10).
Regarding claim 15, Robson reference, presented above, discloses applicant’s claimed strut comprising all features as recited in these claims, wherein the first female housing positioned on the first side of the lower alignment tray (122) includes a first base with a first wedge shape and the second female housing positioned on the opposite side of the upper alignment tray (120) includes a second base with a second wedge shape (see Figures 2 and 5-10).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMTU TRAN NGUYEN whose telephone number is (571)272-4799. The examiner can normally be reached 9am-5pm, Monday-Friday.
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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