DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 102
2. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 1-7, 9, and 16-20, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lewkowitz-Shpuntoff (US 2025/0032223).
Regarding claim 1, Lewkowitz-Shpuntoff discloses an orthodontic treatment system (Fig. 9) comprising: a plurality of sets 502, 503, 504, of polymeric orthodontic appliances ([0036] “a series of orthodontic aligners”), each of the orthodontic appliances 10 including a plurality of tooth receiving cavities formed in the appliance shaped to move teeth of a patient from a first arrangement towards a second arrangement (Figs. 1A-1B), each of the sets of polymeric appliances for a stage 502, 503, 504, of orthodontic treatment (Fig. 9).
There is a first occlusal block 531/532 on a first/upper appliance of a first set of the plurality of sets (Fig. 9); and a second occlusal block 533/534 on a second/lower appliance of the first set, wherein the first/upper appliance is configured for use on a first/upper arch of the patient and the second/lower appliance is configured for use on a second/lower, opposing, arch of the patient (Fig. 9; [0085] “the upper aligner is fitted with additional thickness at sections 531, 532, and the lower aligner is fitted with corresponding additional thickness at sections 533, 534”).
The first and second occlusal blocks 531/532, 533/534 (i.e. increased occlusal thickness) includes a first surface (interior surface of the cavities) having a first shape that matches an occlusal surface of the arch on which the appliance is configured to be placed (Fig. 9). That is, referring to Fig. 4 showing the aligner 10 having an occlusal block (50/20/30) that includes a first surface (inner surface of cavities) having a first shape that matches an occlusal surface of the arch (see Fig. 4; [0073]).
As to claim 2, the first surface (inner surface of the occlusal block/increased thickness region) includes an extension 20 configured to extend into a gap between two non-adjacent teeth (Fig. 4). Figs. 5B also shows occlusal block (increased occlusal thickness) includes an extension 117 extending into a gap between two non-adjacent teeth (Fig. 5B).
As to claim 3, the first surface is shaped to extend into an interproximal region 221, 222, 223, between two adjacent teeth (Fig. 6A; [0078]).
As to claim 4, the first surface is shaped to extend into grooves (best pointed to by reference numeral 210c in Fig. 6A) between tooth cusps.
As to claims 5-6, in Fig. 6A, a transition zone would be the overhanging shoulders of block 234, to transition a thickness of the appliance between a tooth receiving cavity surface 201/202 and occlusal block 234. The transition zone includes an engagement surface (inner layer) between the tooth receiving cavity surface and the occlusal block.
As to claim 7, Fig. 6H shows a lingual side of the first occlusal block 240 extends lingually beyond a lingual sidewall of the first appliance, correcting a crossbite malocclusion (Fig. 6H; [0080]).
As to claim 9, Fig. 7A shows a buccal side of the first occlusal block 310a extends buccally beyond a buccal sidewall of the first appliance (Fig. 7A; [0081]).
As to claim 16, Fig. 3C shows the first surface includes an attachment receiving cavity 75 shaped to receive and apply orthodontic movement forces to an attachment 15 on an occlusal surface of the teeth (Figs. 3A-3C).
Regarding claim 17, Lewkowitz-Shpuntoff discloses an orthodontic appliance system (Fig. 9) comprising: a first/upper polymeric orthodontic appliance to implement a mesial-distal correction according to a first stage 502 of an orthodontic treatment plan on a first/upper arch, wherein the first/upper polymeric orthodontic appliance includes a first occlusal block 531/532, wherein the first occlusal block has a first surface with a first shape to match a first occlusal surface of the first arch;
and a second/lower polymeric orthodontic appliance to implement the mesial-distal correction according to the first stage 502 of an orthodontic treatment plan on a second arch opposing the first arch, wherein the second polymeric orthodontic appliance includes a second occlusal block 533/534, wherein the second occlusal block has a second surface with a second shape to match a second occlusal surface of the second arch patient (Fig. 9; [0085] “the upper aligner is fitted with additional thickness at sections 531, 532, and the lower aligner is fitted with corresponding additional thickness at sections 533, 534”).
The first and second occlusal blocks 531/532, 533/534 (i.e. increased occlusal thickness) includes a first surface (interior surface of the cavities) having a first shape that matches an occlusal surface of the arch on which the appliance is configured to be placed (Fig. 9). That is, referring to Fig. 4 showing the aligner 10 having an occlusal block (50/20/30) that includes a first surface (inner surface of cavities) having a first shape that matches an occlusal surface of the arch (see Fig. 4; [0073]).
As to claim 18, Lewkowitz-Shpuntoff discloses the first polymeric orthodontic appliance comprises a first plurality of additively formed layers 111, 113, the second polymeric orthodontic appliance comprises a second plurality of additively formed layers 111, 113, or some combination thereof (see Fig. 5B; [0076]).
As to claim 19, in Fig. 9, Lewkowitz-Shpuntoff shows a first stage orthodontic treatment plan comprises instructions for the mesial-distal correction and for repositioning teeth in the first arch from a first arrangement (Fig. 9b) toward a second arrangement (Fig. 9c); the first polymeric orthodontic appliance comprises a first plurality of tooth receiving cavities to reposition the teeth in the first arch from the first arrangement toward the second arrangement in accordance with the first stage of the treatment plan.
As to claim 20, Fig. 9 shows the first polymeric orthodontic appliance comprises a first plurality of tooth receiving cavities to reposition teeth in the first arch from a first arrangement Fig. 9b toward a second arrangement Fig. 9c; and Fig. 5B shows the first polymeric orthodontic appliance comprises a first plurality of additively formed layers, at least some of the first plurality of additively formed layers being through the first occlusal block and the first plurality of tooth receiving cavities (see Fig. 5B; [0076]).
Claim Rejections - 35 USC § 103
4. 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.
5. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lewkowitz-Shpuntoff in view of Gardner (US 2018/0078342).
Lewkowitz-Shpuntoff Fig. 6H shows a lingual side of the first occlusal block 240 extends lingually beyond a lingual sidewall of the first appliance, correcting a crossbite malocclusion (Fig. 6H; [0080]) as applied to claim 7 as detailed above.
However, per claim 8, Lewkowitz-Shpuntoff fails to disclose the first occlusal block extending beyond an occlusal surface of the second appliance.
Gardner discloses the first and second appliances 84, 34, wherein a lingual side of the first occlusal block 86 extends beyond an occlusal surface of the second appliance 34 (see Gardner Fig. 6C; [0069). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lewkowitz-Shpuntoff to have the first occlusal block extends beyond an occlusal surface of the second appliance as taught by Gardner in order to restrict the bite for that particular patient as needed by a prescribed treatment plan.
6. Claim 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lewkowitz-Shpuntoff in view of Song (US 2023/0135019).
Lewkowitz-Shpuntoff discloses the invention substantially as claimed as applied to claim 1 as detailed above.
However, per claims 10-12, Lewkowitz-Shpuntoff fails to disclose the occlusal block including an occlusal block cavity and an occlusal block support shaped to fill the occlusal cavity. Song discloses upper and lower aligners 16 each having occlusal blocks 105 (see Song Fig. 8), wherein in Figs. 2-3, Song discloses the first occlusal block 105 includes a first occlusal block cavity (bulge space 100 shown in Fig. 2) and wherein a first occlusal block support (filling material 110 shown in Fig. 3) is shaped to fill the first occlusal block cavity, wherein the first surface is a lower/inner surface of the first occlusal block support 110 (see Song Figs. 2-3, [0055]; Figs. 14-17, [0072]-[0073]). Song in Figs. 10-11 further shows an upper surface of the occlusal block support 105/110 is configured to extend into an interproximal region between two teeth of an opposing arch (see Song Figs. 10-11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lewkowitz-Shpuntoff to manufacture the occlusal block by first forming oclusal block cavity (space bulge) which is then filled occlusal block (filling material) as taught by Song to be a suitable manufacturing method for forming such occlusal blocks yielding the same and/or predictable results.
Per claims 13-15, Song Fig. 11 discloses the first/upper occlusal block 105 is a posterior occlusal block on an upper posterior/molar tooth 207, wherein the first/upper appliance includes a first anterior occlusal block 105 on an upper anterior/canine tooth 210 having a distal surface shaped to engage with the second/lower appliance of the set of appliances (Fig. 11; [0060]-[0061]). And likewise on the second/lower appliance, there is a a posterior occlusal block on a lower posterior/molar tooth 202 and a second anterior occlusal block 105 on an anterior/canine tooth 205, wherein the distal surface of the first anterior occlusal block on tooth 210 is shaped to engage with the distal surface of the second anterior occlusal block on tooth 205 (Fig. 11; [0060]-[0061]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lewkowitz-Shpuntoff to include both posterior blocks on posterior/molar teeth and anterior occlusal block on anterior/canine teeth as taught by Song in order to effectively and efficiently apply appropriate forces to both posterior and anterior teeth as may be required by the prescribed treatment plan.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner HAO D. MAI whose telephone number is (571)270-3002. The examiner can normally be reached on Mon-Fri 8:00-4:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached on (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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/Hao D Mai/
Examiner, Art Unit 3772
Prosecution Insights