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 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 1-16 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.
Claim 1 recites the limitation "the teeth" in line 5. Claim 13 recites “the support rim” in line 3. Claim 14 recites “the opening” in line 4. Claim 16 recites “the teeth” in line 5. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims recite part of the human body in combination with the device, e.g. “supporting the transverse connector on the teeth”. It has been held that a claim directed to or including within its scope, a human being will not be considered to be patentable subject matter under 35 U.S.C. 101. The grant of limited, but exclusive property right in a human being is prohibited by the constitution. In re Wakefield, 422 F.2d 897, 164 USPQ 636 (CCPA 1970). For examination purposes, all claims will be considered as if such limitations involving the combination with a human were not present. Language such as “when in use” is suggested.
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 1-14, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gatewood (US 4,813,869.
Gatewood shows a fastening system (Fig. 1-11) for a dental object (capable of being attached to such; i.e. 58 in Fig. 1), comprising: a transverse connector (12 in Fig. 2) for passing through a tooth space (as seen in Fig. 1-2); and a support element (14) for supporting the transverse connector on the teeth laterally of the tooth space (as in Fig. 1-2). With respect to claim 2, wherein the transverse connector comprises a sawtooth profile or a thread for screwing on a nut (threading at 18 which has a sawtooth profile at the top as seen in Fig. 2). With respect to claim 3, wherein the support element comprises a latching means (threaded hole at 38 receiving 18) for engaging the sawtooth profile of the transverse connector (as seen in Fig. 2). With respect to claim 4, wherein a rotary joint (14 rotates around transverse connector 18 for securing) is arranged between the transverse connector and the support element (as in Fig. 2, 4). With respect to claim 5, wherein the support element has a wedge shape (wedge shape at 28 in Fig. 2). With respect to claim 6 wherein the transverse connector (101) is tenso-elastic and/or the transverse connector is band-shaped or pin- shaped (pin-shaped as in Fig. 1-2). With respect to claim 7, wherein the transverse connector and/or the support element are porous (several pores shown going through 14 in Fig. 2 at 34 and 32). With respect to claim 8, wherein the dental object comprises a dental sensor and/or a sensor housing, wherein the transverse connector, the dental sensor and/or the sensor housing comprises one or more channels (the dental sensor and/or sensor housing is not positively recited as part of the invention and whether they have channels is not at issue; Gatewood is capable of use with such sensors via 34 or 32 for instance). With respect to claim 9, wherein the transverse connector comprises a further support element (second of the support members 14 as seen in Fig. 1) for supporting on the teeth (Fig. 1). With respect to claim 10, wherein the transverse connector and/or the support elements comprise a plug-in mechanism (34 and 32 could act as such) for plugging on the dental object (not positively recited and only need be capable of use with such). With respect to claim 11, wherein the support element comprises an opening for passage of the transverse connector (at 38 in Fig. 2 that receives 18). With respect to claim 12, wherein the transverse connector comprises a circumferential support edge (edges of threads extending circumferentially around) for supporting against an opening edge (opening edges at either side of 14 that receive 18). With respect to claim 13, wherein the transverse connector comprises a tapered portion for inserting the support rim (see 112 above) into the opening (left end of 42 is tapered and inserted into what could be considered support rims at either side of 14). With respect to claim 14, wherein the transverse connector comprises a threading portion (18) for threading the transverse connector (as seen in Fig. 2) into the opening.
Method claim 16 is rejected similarly to the above where passing a transverse connector (18) through a tooth space (as in Fig. 1-2); and supporting the transverse connector by a supporting element (14) for supporting on the teeth laterally of the tooth space (as seen in Fig. 1).
Claims 1 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hahn (US 2003/0186186).
Hahn shows a fastening system (Fig. 1-3) for a dental object (capable of being attached to such; i.e. 5 in Fig. 1-3), comprising: a transverse connector (23 in Fig. 2) for passing through a tooth space (as seen in Fig. 1-2); and a support element (ends 18) for supporting the transverse connector on the teeth laterally of the tooth space (as in Fig. 1-3). With respect to claim 15, wherein the support element is elastic such that it moves into the tooth space by a pull of the transverse connector (as seen in Fig. 1-3 where it is stretched in Fig. 1A-B and released in Fig. 2 and 3 against the tooth space).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
Prosecution Insights