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 17-20 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 17, line 11 recites “a rotatable end member”, it is unclear if this is the same rotatable end member as recited earlier in the claim or a different/additional rotatable end member. For the purpose of examination, the rotatable end member is interpreted as the previously recited.
Claim 17, line 13 recites “a slidable end member “, it is unclear if this is the same slidable end member as recited earlier in the claim or an additional slidable end member. For the purpose of examination, the limitation is interpreted as the same as the previously recited.
Claim 17, line 15 “a spring member” it is unclear if this is the same spring member recited earlier in the claim or an additional spring member. For the purpose of examination, the limitation is interpreted as the same.
Claims 18-20 are rejected based on claim dependency on claim 17.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-10, 12-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ladanyi (US 4,255,139) in view of Teramoto (US 5,967,774) and Carriere (US 2020/0085539).
Regarding claims 1, 7, and 8, Ladanyi discloses dental aligner apparatus (see figures 1-4) comprising:
a bar (first and second wire 10/12) including a first end member (10) and a second end member (12);
a spring member (spring 22) disposed between the first and second end members (see figure 4).
Ladanyi discloses attachment of the first and second end members to couplers on the teeth (see figure 4, where the wire attaches by the tube/band 58/60 and 54/52), but fails to disclose a rotatable end member disposed at a first end of the bar and coupled to the first end member; a slidable end member disposed at a second end of the bar and coupled to the second end member; the rotatable end member is a “T” shaped end member and the slidable end member is a fork-shaped end member with two prongs.
Teramoto teaches a bar (Y shaped wire 11) including a first end member and a second end member (ends distal end 11b and front end 11a), a slidable end member disposed at a second end of the bar and coupled to the second end member (thin wire 11c is added to the end portion of the wire 11b creating a fork end which is disclosed as attachable to a tube 13 in a slidable manner see figures 4a/b and col 3, lines 35-40 and 53-54), and the slidable end member is a fork-shaped end member with two prongs (see figures 4a/b and col 3, lines 35-40 and 53-54) for the purpose of limiting positioning or sliding of the spring to the bar (col 3, lines 46-52).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Ladanyi to have a slidable end member disposed at a second end of the bar and coupled to the second end member and the slidable end member is a fork-shaped end member with two prongs as taught by Teramoto for the purpose of limiting positioning or sliding of the spring relative to the bar.
Carriere teaches a rotatable end member, the rotatable end member is a "T" shaped end member (transverse pin 14, see figures 2b-3a) coupled to a first end of a bar (arm 13) for the purpose of enabling rotation of the bar and end relative to the fixed orthodontic applied by the patient (par 47-48).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Ladanyi to have a rotatable end member disposed at a first end of the bar and coupled to the first end member, wherein the rotatable end member is a "T" shaped end member as taught by Carriere for the purpose of enabling rotation of the bar end relative to the fixed orthodontic applied to the tooth of the patient.
Regarding claim 4, Ladanyi further discloses the spring member is a coil spring member (see figures 1-2 and col 2, lines 47-49).
Regarding claim 5, Teramoto teaches at least one button hook coupled to the bar (13a is attached to the bar via tube 13) for the purpose of aiding in the application of resilience to correct irregularities or improper teeth alignment (col 1, lines 40-43).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Ladanyi to include at least one button hook coupled to the bar as taught by Teramoto for the purpose of aiding in the application of resilience to correct irregularities or improper teeth alignment.
Regarding claim 6, Teramoto further teaches at least one button hook includes a first hook disposed proximate a first end of the bar (13a, see figure 4a-b) and a second hook disposed proximate to the second end of the bar (82a see figure 3a-b or 4b), for the reasons set forth above.
Regarding claim 9 and 15-16, Ladanyi discloses a system (figures 1-4) comprising: a dental aligner apparatus (figure 4) comprising:
a bar (first and second wire 10/12) including a first end member (10) and a second end member (12).
a spring member (spring 22) disposed between the first and second end members (see figure 4).
Ladanyi discloses the first and second end of the bar coupling to a coupler (see figures 4, the coupler being the tube/band 52/54 and 60/56), but fails to disclose a rotatable end member disposed at a first end of the bar and coupled to the first end member; a slidable end member disposed at a second end of the bar and coupled to the second end member; and a rotatable coupler to couple to the rotatable end member; and a slidable coupler to couple to the slidable end member.
Teramoto teaches a bar (Y shaped wire 11) including a first end member and a second end member (ends distal end 11b and front end 11a), a slidable end member disposed at a second end of the bar and coupled to the second end member (thin wire 11c is added to the end portion of the wire 11b creating a fork end which is disclosed as attachable to a tube 13 in a slidable manner see figures 4a/b and col 3, lines 35-40 and 53-54), and the slidable end member is a fork-shaped end member with two prongs (see figures 4a/b and col 3, lines 35-40 and 53-54) and a slidable coupler (82) to couple to the slidable end member (see figure 4b and col 3, lines 53-54) for the purpose of limiting positioning or sliding of the spring to the bar (col 3, lines 46-52).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Ladanyi to have a slidable end member disposed at a second end of the bar and coupled to the second end member and the slidable end member is a fork-shaped end member with two prongs and slidable coupler to couple to the slidable end member as taught by Teramoto for the purpose of limiting positioning or sliding of the spring relative to the bar.
Carriere teaches a rotatable end member, the rotatable end member is a "T" shaped end member (transverse pin 14, see figures 2b-3a) coupled to a first end of a bar (arm 13) and a rotatable coupler (distal element 20) to couple to the rotatable member (see figure 1c and par 38) for the purpose of enabling rotation of the bar and end relative to the coupler attached to the patient (par 47-48).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Teramoto to have a rotatable end member disposed at a first end of the bar and coupled to the first end member and a rotatable coupler to couple to the rotatable end member, wherein the rotatable end member is a "T" shaped end member as taught by Carriere for the purpose of enabling rotation of the bar end relative to the fixed orthodontic applied to the tooth of the patient.
Regarding claim 12, Ladanyi further discloses the spring member is a coil spring member (see figures 1-2 and col 2, lines 47-49).
Regarding claim 13, Teramoto teaches at least one button hook coupled to the bar (13a is attached to the bar via tube 13) for the purpose of aiding in the application of resilience to correct irregularities or improper teeth alignment (col 1, lines 40-43).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Ladanyi to include at least one button hook coupled to the bar as taught by Teramoto for the purpose of aiding in the application of resilience to correct irregularities or improper teeth alignment.
Regarding claim 14, Teramoto further teaches at least one button hook includes a first hook disposed proximate a first end of the bar (13a, see figure 4a-b) and a second hook disposed proximate to a second end of the bar (82a see figure 3a-b or 4b), for the reasons set forth above.
Regarding claim 17, Ladanyi discloses a method of securing a dental aligner apparatus to a first tooth and a second tooth (see figure 4), comprising:
aligning a spring member (22) of the dental aligner apparatus between the first tooth and the second tooth (see figure 4);
securing a first end member of the dental aligner apparatus to a first tooth (see figure 4, where the tube/band attaches to tooth 50);
securing a second end member of the dental aligner apparatus to a second tooth (see figure 4, where the tube/band attaches to tooth 56);
wherein the dental aligner apparatus comprises:
a bar (first and second wire 10/12) including a first end member (10) and a second end member (12);
a spring member (22) disposed between the first and second end members (see figure 4).
Ladanyi fails to disclose the dental aligner apparatus comprising a rotatable end member disposed at the first end of the bar and coupled to the first end member; a slidable end member disposed at the second end of the bar and coupled to the second end member; and securing a rotatable end member of the dental aligner apparatus to a rotational coupler coupled to the first tooth; and securing a slidable end member of the dental aligner apparatus to a slidable coupler coupled to the second tooth;
Teramoto teaches a bar (Y shaped wire 11) including a first end member and a second end member (ends distal end 11b and front end 11a), a slidable end member disposed at a second end of the bar and coupled to the second end member (thin wire 11c is added to the end portion of the wire 11b creating a fork end which is disclosed as attachable to a tube 13 in a slidable manner see figures 4a/b and col 3, lines 35-40 and 53-54), and securing the slidable end member of the dental aligner apparatus (11 b/c) to a slidable coupler (82) coupled to the second tooth member (see figure 4b and col 3, lines 53-54) for the purpose of limiting positioning or sliding of the spring to the bar (col 3, lines 46-52).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Ladanyi to have a slidable end member disposed at the second end of the bar and coupled to the second end member and securing the second end member using the slidable end member of the dental aligner apparatus to the coupler coupled to the second tooth as taught by Teramoto for the purpose of limiting positioning or sliding of the spring relative to the bar.
Carriere teaches a rotatable end member, the rotatable end member is a "T" shaped end member (transverse pin 14, see figures 2b-3a) coupled to a first end of a bar (arm 13) and securing the rotatable end member of the dental aligner apparatus (14) to a rotational coupler (20) coupled to the first tooth (see figure 1c and par 38) for the purpose of enabling rotation of the bar and end relative to the coupler attached to the patient (par 47-48).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Teramoto to have a rotatable end member disposed at a first end of the bar and coupled to the first end member and securing the second end to the coupler using the rotatable end member of the dental aligner apparatus and connecting to the rotational coupler coupled to the first tooth as taught by Carriere for the purpose of enabling rotation of the bar end relative to the fixed orthodontic applied to the tooth of the patient.
Regarding claim 20, Ladanyi further discloses the spring member is a coil spring member (see figures 1-2 and col 2, lines 47-49).
Claims 2, 10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ladanyi in view of Teramoto and Carriere as applied to claim 1, 9 and 17 above, and further in view of Waldman (US 3,158,934).
Regarding claim 2, 10 and 18, Ladanyi/Teramoto/Carriere fails to disclose the spring member as an Omega-shaped spring member.
However, Waldman teaches an omega shaped spring member as an alternative to a coil spring (see figures 8-9 and col 1, lines 14-16) for the purpose of providing a desired corrective work in a desired magnitude and direction (col 1, lines 16-20).
As both Ladanyi and Waldman disclose orthodontic appliances that incorporate a spring member (figure 1 and 2 Ladanyi and figures 8-9 of Waldman), it would be obvious to one of ordinary skill in the art, to substitute the spring of Ladanyi with the Omega shaped spring of Waldman to achieve the predictable results of a desired corrective force in a desired magnitude and direction.
Claims 3, 11 and 19 rejected under 35 U.S.C. 103 as being unpatentable over Ladanyi in view of Teramoto and Carriere as applied to claims 1, 9, and 17above, and further in view of Goshgarian (US 4,592,725).
Regarding claim 3, 11 and 19, Ladanyi/Teramoto/Carriere fail to disclose the spring member is a lower “V” shaped member, with a rounded point, that is coupled to a half-circle upper portion.
However, Goshgarian teaches a spring member (arch bar 50) that is shaped as a lower “V” shaped member with a rounded point (spur or fitting 104, see figure 1) that is coupled to a half circle upper portion (the upper circular portion of the open U shaped spring loop 68, see figure 1) for the purpose of providing a desired biasing force (col 2, lines 1-3).
As both Ladanyi and Goshgarian disclose orthodontic appliances with a spring member (see figure 5 of Goshgarian and figure 1 of Ladanyi), it would be obvious to one of ordinary skill to substitute the spring member of Ladanyi with the spring member is a lower “V” shaped member, with a rounded point, that is coupled to a half-circle upper portion of Goshgarian to achieve the predictable results of an adjustable and desired force application for the appliance.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,911,237. Although the claims at issue are not identical, they are not patentably distinct from each other for the following reason:
Regarding claim 1, the patent discloses a dental aligner apparatus comprising:
a bar including a first end member and a second end member (claim 1, col 10, lines 29-30);
a rotatable end member disposed at a first end of the bar and coupled to the first end member (claim 1, col 10, line 31-33);
a slidable end member disposed at a second end of the bar and coupled to the second end member (claim 1, col 10, line 34-36); and
a spring member disposed between the rotatable end member and the slidable end member and coupled to the first and second end members (claim 1, col 10, lines 38-40).
Regarding claim 2, the patent discloses the spring member is an Omega-shaped spring member (claim 2).
Regarding claim 3, the patent discloses the spring member is a lower "V" shaped member, with a rounded point, that is coupled to a half-circle upper portion (claim 3).
Regarding claim 4, the patent discloses the spring member is a coil spring member (claim 4).
Regarding claim 5, the patent discloses comprising at least one button hook coupled to the bar (claim 5).
Regarding claim 6, the patent discloses the at least one button hook includes a first hook disposed proximate a first end of the bar and a second hook disposed proximate to a second end of the bar (claim 6).
Regarding claim 7, the patent discloses the rotatable end member is a "T" shaped end member (claim 1, col 10, line 32).
Regarding claim 8, the patent discloses the slidable end member is a fork-shaped end member with two prongs (claim 1, col 10, lines 36-37).
Regarding claim 9, the patent discloses a system comprising:
a dental aligner apparatus comprising:
a bar including a first end member and a second end member (claim 7, col 10, line 57-60);
a rotatable end member disposed at a first end of the bar and coupled to the first end member (claim 7, col 10, line 62-63);
a slidable end member disposed at a second end of the bar and coupled to the second end member (claim 7, col 10, line 64-66); and.
a spring member disposed between the rotatable end member and the slidable end member and coupled to the first and second end members (claim 7, col 11, lines 1-3);
a rotatable coupler to couple to the rotatable end member (claim 7, col 11, line 4; and
a slidable coupler to couple to the slidable end member (claim 7, col 11, line 5).
Regarding claim 10, the patent discloses the spring member is an Omega-shaped spring member (claim 8).
Regarding claim 11, the patent discloses the spring member is a lower "V" shaped member, with a rounded point, that is coupled to a half-circle upper portion (claim 9).
Regarding claim 12, the patent discloses the spring member is a coil spring member (claim 10).
Regarding claim 13, the patent discloses at least one button hook coupled to the bar (claim 11).
Regarding claim 14, the patent discloses the at least one button hook includes a first hook disposed proximate a first end of the bar and a second hook disposed proximate to a second end of the bar (claim 12).
Regarding claim 15, the patent discloses the rotatable end member is a "T" shaped end member (claim 7, col 10, line 62).
Regarding claim 16, the patent discloses the slidable end member is a fork-shaped end member with two prongs (claim 7, col 10, lines 65-67).
Regarding claim 17, the patent discloses a method of securing a dental aligner apparatus to a first tooth and a second tooth, comprising:
aligning a spring member of the dental aligner apparatus between the first tooth and the second tooth;
securing a rotatable end member of the dental aligner apparatus to a rotational coupler coupled to the first tooth; and
securing a slidable end member of the dental aligner apparatus to a slidable coupler coupled to the second tooth (claim 13, col 13, line 19-col 12, line 3);
wherein the dental aligner apparatus comprises:
a bar including a first end member and a second end member;
a rotatable end member disposed at a first end of the bar and coupled to the first end member;
a slidable end member disposed at a second end of the bar and coupled to the second end member; and
a spring member disposed between the rotatable end member and the slidable end member and coupled to the first and second end members (claim 13, col 13, lines 4-18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Farzin-Nia (US 2003/0039939) discloses a dental aligner apparatus with a bar with a first and second end member and a spring member disposed between (figure 1-3). Voudouris (US 2021/0401547) disclose a dental aligner with a first and second end member, a rotatable end member and a spring member disposed between the first and second end member (figure 1A-D). Jeckel (US 2006/0068354) discloses a dental aligner apparatus with a spring member having a v shaped rounded lower portion and a semi-circular upper portion (figure 1).
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/S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
9/2/2026
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