DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1-21 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 1 and 16, the term “aligned along an arch line of the shell” is indefinite as it is unclear what specifically an arch line corresponds to. For example, as best understood by the examiner, the teeth of the patient and therefore the shell are formed in an arch, and as such would be aligned along the arch when viewed from above. However, it is unclear whether the term intends to mean that the reservoir and attachment member are aligned just in a view from a top view, or also requires alignment along a particular line when viewed horizontally as well. As best understood by the Examiner, the term is interpreted to mean that the attachment member and reservoir are aligned when viewed from above (along the arch) and from a horizontal position (e.g. at the same “height” of the teeth). Clarification is required.
All other claims not specifically addressed above are rejected based on their dependency on a previously rejected claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-21 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Guis (US 5114339).
Regarding claim 1 and 16, Guis discloses a wire attachment appliance (see Figs. 5-7, and col 5, line 47 through col 7, line 33), comprising: a shell (6) having a plurality of cavities that are shaped to receive a plurality of teeth of a dentition (see Fig. 6 showing shell in cutaway covering canines, lateral incisors and central incisors, with cavities shaped to individual teeth), wherein shell includes an attachment material reservoir (each instance of 7 formed on cavities of central incisors) in a first cavity, that is configured to accept an attachment material therein (see col 6, lines 59-66); and a wire attachment member (e.g. portions of mold surrounding incision made in mold to retain wire at locations outside of any instance of 7 and corresponding to cavities on the canines, for example; see dashed line in Fig. 5 corresponding to where wire is inserted back into shell; see also col 6, lines 10-16) positioned within a second cavity and configured to be secured to the shell (wire attachment member is secured to shell as it is integral with it), wherein the attachment material reservoir and the wire attachment member are aligned along an arch line of the shell in a manner that allows a wire to simultaneously pass through the attachment material reservoir and engage with the wire attachment member (see Figs. 5 and 7 showing arch line alignment, as best understood, and citations above).
Guis additionally discloses wherein the wire attachment member is separable from the shell (e.g. end portions of shell corresponding to cavities of canines, where attachment members are located are capable of being separable from the rest of the shell, for example by cutting, after placement of wire; per claims 2 and 17); wherein the shell includes more than one attachment material reservoir (e.g. at least two instances of 7 on central incisors, see explanation and citations above; per claim 3); wherein the wire attachment appliance includes more than one wire attachment member (e.g. corresponding portions of shell surrounding incision as explained above, on both canines; per claim 4); wherein the wire attachment member is positioned within a recess of the shell (wire attachment member is located in recesses corresponding to canines; per claim 5); wherein the shell has a plurality of cavities to receive the plurality of teeth (e.g. a cavity per each tooth is disclosed, see above; per claim 6); wherein the wire attachment member includes a slot (formed by incision) for holding the wire in position with respect to a tooth received within the shell (see above; per claim 7); wherein the slot is on a tooth-facing surface of the wire attachment member (see citations above and Fig. 7, in order to place wire; per claim 8); wherein the shell and the wire attachment member are removable from the dentition after the wire is bonded to one or more teeth of the dentition (see citations above; per claim 9); wherein a wall of the attachment material reservoir includes one or more apertures for providing the attachment material within the attachment material reservoir (see citations above; either opening of 7 on lingual side of mold or hole at 8; per claim 10); wherein the shell includes one or more tabs arranged to aid in lifting the wire attachment appliance off the dentition (e.g. hooked portion of mold which contacts incisal and labial portion of teeth, see Fig. 6; per claims 11 and 21); wherein the wire attachment member is configured to be releasably adhered to a tooth (with mold via 6b; per claim 12); further comprising the wire (5), wherein the wire is positioned within the attachment material reservoir and is supported by the wire attachment member (see citations above; per claim 13); wherein opposing lateral sides of the attachment material reservoir each includes a slit for positioning the wire through the attachment material reservoir (e.g. in locations where incision intersects with side of reservoir, see Fig. 7; per claim 14); wherein the shell and the attachment material reservoir form a unitary body (reservoir is cut into shell, see Figs. 5-7; per claims 15 and 20); wherein the wire attachment appliance includes two wire attachment members (e.g. instances surrounding incision at both canines, as described above), wherein the attachment material reservoir is between the two wire attachment members along the arch line (e.g. reservoirs on central incisors are between canines; per claim 18); and wherein the shell includes more than one attachment material reservoir, each of the one attachment material reservoir configured to be positioned adjacent to different teeth of the plurality of teeth (e.g. at least both instances of 7 on central incisors; per claim 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD MORAN whose telephone number is (571)270-5349. The examiner can normally be reached Monday-Friday 7 AM-4 PM EST.
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.
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/EDWARD MORAN/Primary Examiner, Art Unit 3772
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