www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/601,106
`
`10/04/2021
`
`Richard E. Raby
`
`82041US005
`
`3007
`
`3M INNOVATIVE PROPERTIES COMPANY
`PO BOX 33427
`ST. PAUL, MN 55133-3427
`
`CONNELL, JENNIFER PETSCHE
`
`ART UNIT
`
`3772
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/25/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`LegalUSDocketing@mmm.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-9,11-13,16-19,21-22 and 25 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-9,11-13,16-19,21-22 and 25 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)(¥] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 04 October 2021 is/are: a)() accepted or b)(¥) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240109
`
`Application No.
`Applicant(s)
`17/601,106
`Rabyetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`JENNIFER P CONNELL
`3772
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 04 October 2021.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Preliminary Amendment
`
`This office action is responsive to the preliminary amendmentreceived on 04 October
`
`2021. Claims 1-9, 11-13, 16-19, 21-22, and 25 are pending. Claims 1-3, and 18 areoriginal.
`
`Claims 4-9, 11-13, 16-17, 19, 21-22, and 25 are amended. Claims 10, 14-15, 20, and 23-24 are
`
`canceled.
`
`Drawings
`
`The drawings are objected to asfailing to comply with 37 CFR 1.84(p)(4) because
`
`reference character “110C” has been used to designate both the void between the shell and
`
`tooth and the hinge axis.
`
`The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they
`
`include the following reference character(s) not mentioned in the description: 2015D, 610C,
`
`610D, 613C, 613D, 614B, 906, 1013.
`
`The drawings are objected to asfailing to comply with 37 CFR 1.84(p)(5) because they
`
`do notinclude the following reference sign(s) mentioned in the description: 1007.
`
`The drawings are objected to because the following reference characters are incorrect:
`
`422D in Figure 10 should be 412D and 1104A in Figure 17 should be 1104.
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
`
`the Office action to avoid abandonmentof the application. Any amended replacement drawing
`
`sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`evenif only one figure is being amended. The figure or figure number of an amended drawing
`
`should not be labeled as “amended.”If a drawing figure is to be canceled, the appropriate figure
`
`must be removed from the replacement sheet, and where necessary, the remaining figures
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 3
`
`must be renumbered and appropriate changes madeto the brief description of the several views
`
`of the drawings for consistency. Additional replacement sheets may be necessary to show the
`
`renumbering of the remaining figures. Each drawing sheet submitted afterthe filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
`
`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant
`
`will be notified and informed of any required corrective action in the next Office action. The
`
`objection to the drawings will not be held in abeyance.
`
`Specification
`
`The disclosure is objected to because of the following informalities:
`
`The following sentence in paragraph [0078] needscorrection: “By combining the
`
`combining the Modulus of Elasticity of bendable flap 2108, hinge axis 2110, and/or
`
`arcuate member 2109, a composite modulus of elasticity may closely approximates a
`
`horizontalline at about 10N than any of bendable flap 2108, hinge axis 2110, and/or
`
`arcuate member 2109 could achieve independently.”
`
`Paragraph [0082]: “appliance body 2303” should be “appliance body 2302” and
`
`“bendable flap 2208” should be “bendable flap 2308”
`
`Paragraph [0105]: “FIG. 7F” should be “FIG. 13F”
`
`Paragraph [0111]: “shell 904B” should be shell 904”
`
`Paragraph [0117]: “flap boundary region 1109A” should be “flap boundary region
`
`1113A” and flap boundary region 1109B” should be “flap boundary region 1113B”
`
`Appropriate correction is required.
`
`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-AlA), second paragraph:
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 4
`
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 3 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which theinventor or a joint inventor (or for applications subject
`
`to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`Claim 3 recites the limitation "the first shell and the second shell" in the third line of the
`
`claim. Thereis insufficient antecedent basis for this limitation in the claim. Only “a shell” had
`
`been previously recited, therefore it is unclear which shell may bethe first or second shells. For
`
`the purpose of examination, this limitation will be interpreted as “the shell’.
`
`Claim 7 recites the limitation "the spring" in the second line of the claim. There is
`
`insufficient antecedent basis for this limitation in the claim. A spring bellows had beenrecited in
`
`claim 2, on which claim 7 is dependent, but no spring. For the purpose of examination, this
`
`limitation will be interpreted as “the spring bellows”.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103)is incorrect, any correction of the
`
`statutory basis (i.e., changing from AIA to pre-AlA) for the rejection will not be considered a new
`
`ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would
`
`be the same under either status.
`
`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 madein 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 effectivefiling date of the claimed
`invention.
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 5
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`Claims 1, 9, 12, 13, 16, 19, 21, and 22 are rejected under 35 U.S.C. 102(a)(1) as
`
`being anticipated by Kopelman (US 2015/0216627).
`
`Regarding Claim 1, Kopelman discloses a removable dental appliance (appliances
`
`1000, 1100, 1200, 1400, 1570, 1600, 1700, 1800; paragraph [0191] states that the multiple
`
`embodiments presented can be combined) comprising:
`
`an appliance body configured to at least partially surround a plurality of teeth of a
`
`patient, the appliance body defining a shell configured to receive a tooth of the plurality of teeth
`
`in an initial position (paragraph [0005], example appliance body and shells shown in Figure 1A,
`
`but appliance body and shell are present in all the removable dental appliances presented); and
`
`a bendable flap (flap 1114, 1208, 1406, 1572; protrusion 1002, 1602, 1702, 1802
`
`surrounded by discontinuities making them into curved flaps; flaps and protrusions are shown to
`
`bend around the associated hinge axis in multiple figures including but not only Figure 16)
`
`integrally formed with the appliance body (flaps and protrusions aboveare formed by
`
`discontinuities in the appliance shell while remaining attached on one side, therefore they are
`
`integrally formed with the appliance body) to extend from a hinge axis of the shell (the side of
`
`the flap that remains attachedto the shell is the hinge axis), wherein the bendable flap defines a
`
`flap boundary region extending fromafirst end of the hinge axis around the bendable flap to a
`
`second end of the hinge axis (region around the exterior of the flap), and wherein the boundary
`
`region comprises an arcuate member(elastic members 1010, 1116, 1210, 1408, 1582, 1610,
`
`1710, 1812; paragraph [0108] provides options for elastic members),
`
`wherein the bendable flap and the arcuate member are configured to apply a force to the
`
`tooth to cause movementof the tooth toward a desired position when the removable dental
`
`appliance is worn by the patient (paragraphs [0084 and [0112)).
`
`Regarding Claim 9, Kopelman further discloses wherein the arcuate member comprises
`
`a jumper comprising an elongated structure (elastic members 1010 in Figure 10G) extending
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 6
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`betweena first end coupled to the shell (right end of the elastic members 1010 in Figure 10G
`
`are coupled to the shell) and a second end coupled to the bendable flap (left end of elastic
`
`members 1010 in Figure 10G are coupled to the flap).
`
`Regarding Claim 12, Kopelman further discloses wherein the jumper defines a cross-
`
`section in a plane perpendicularto a longitudinal axis of the elongated structure of the jumper,
`
`and wherein the shape, area, or aspectratio of the cross-section varies along the longitudinal
`
`axis (paragraph [0114] states that characteristics of the elastic member can be changedto exert
`
`forces needed for the desired tooth movement and the characteristics can also vary within the
`
`elastic member; some characteristics mentioned include shape, area, and cross section).
`
`Regarding Claim 13, Kopelman further discloses wherein the jumper is under a bending
`
`stress or a twisting stress when the removable dental appliance is worn by the patient (Figure
`
`17B showsthe appliance whenit is not worn, with elastic member 1710 in a straightline; Figure
`
`17C showsthe appliance whenit is worn by the patient and elastic member 1710 is under
`
`bending stress).
`
`Regarding Claim 16, Kopelmanfurther discloses wherein the jumper comprises a
`
`plurality of jumpers, wherein each respective jumper of the plurality of jumpers comprises a
`
`respective elongated structure extending between a respectivefirst end coupled to a respective
`
`position on the shell and a respective second end coupled to a respective position on the
`
`bendable flap (Figure 10G contains 2 elastic members 1010).
`
`Regarding Claim 19, Kopelman further discloses wherein a rest position of the bendable
`
`flap intrudes into a space defined by the tooth in the desired position of the tooth (Figure 16B,
`
`paragraphs [0090] and [0144]), and
`
`wherein the bendable flap is displaced into a deformed position to cause the force when
`
`the removable dental appliance is worn by the patient (Figure 16C, paragraphs [0090] and
`
`[0144]).
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 7
`
`Regarding Claim 21, Kopelman discloses a system (Figure 1B of tooth repositioning
`
`system with a plurality of appliances 112, 114, 116; claim 34) comprising an orderedsetof
`
`removable dental appliances configured to reposition one or moreteeth of a patient (Figures 1B,
`
`1C; paragraphs [0100] and [0106]), at least one removable dental appliance in the set of
`
`removable dental appliances comprising the removable dental appliance of claim 1 (removable
`
`dental appliance of claim 1
`
`is presented above; appliances 112, 114, 116 are such appliances).
`
`Regarding Claim 22, Kopelman discloses a method (Figures 29 and 30) comprising:
`
`receiving, by a computing device, a digital representation of a three-dimensional (3D)
`
`dental anatomyof a patient, the dental anatomy providing initial positions of a plurality of teeth
`
`of the patient (step 2910 as described in paragraph [0181]; scanner 320 provides information to
`
`data processing system 3000);
`
`determining, by the computing device, dimensions and shapesof a removable dental
`
`appliance comprising the removable dental appliance of claim 1 (step 2920 described in
`
`paragraph [0182]: paragraph [0183] states that “the appliance set may include one or more
`
`orthodontic appliances having at least one discontinuity and/or elastic member as described
`
`herein”: removable dental appliance of claim 1 as presented above), wherein the dimensions
`
`and shapes are configured to reposition the one or moreteeth of the patient from aninitial
`
`position to a desired position when the removable dental appliance is worn by the patient
`
`(Figure 28; paragraphs [0182-0183]), and wherein the dimensions and shapes comprise (step
`
`2840, paragraphs [0178-0179)):
`
`a position, dimension, and shapeof the shell (step 2840);
`
`a position, dimension, and shape of the bendable flap (step 2840); and
`
`a position, dimension, and shape of the arcuate member (step 2840); and
`
`transmitting, by the computing device, a representation of the removable dental
`
`appliance to a computer-aided manufacturing system (fabrication machine 3022 receives
`
`information from data processing system 3000 to make appliances 3023).
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 8
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`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 andthe prior art are such that the claimed invention as a whole would have
`been obvious before the effectivefiling 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.
`
`Claims 2-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kopelman (US 2015/0216627) in view of Phan et al (US 2002/0192617).
`
`Regarding Claim 2, Kopelman discloses the removable dental appliance of claim 1 (as
`
`presented above), wherein the arcuate member comprises a spring bellows (elastic membrane
`
`1408,1812, as shownin Figures 14A/B and 18B). Kopelman maynotexplicitly disclose the
`
`spring bellows extending away from a plane ofthe shell.
`
`However, Phan, in the same field of endeavor of removable dental appliances for
`
`orthodontic systems (paragraph [0004]), teaches a spring bellows (spring 60 comprising a
`
`preformedstrip) extending awayfrom a plane of the shell (Figure 11). The spring (60) of Phan is
`
`provided to transmit required forces to one or more teeth (paragraph [0020)).
`
`Therefore, it would have been obvious to one having ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to have modified the spring bellows of the
`
`removable dental appliance as disclosed by Kopelman to be extending away from a plane of the
`
`shell as taught by Phan in order to provide the necessary forces for the desired tooth
`
`movements.
`
`Regarding Claim 3, Kopelman further teaches wherein a thickness of the spring bellows
`
`is less than a thicknessof the shell (Figure 16A-C shows elastic member 1610 as thinner than
`
`shell 1604 across discontinuity 1608) to at least one of concentrate strain in the at least one
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 9
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`spring bellows or reduce deformation of the first shell and the second shell when the removable
`
`dental appliance is worn by the patient (in Figure 16C it can be seen that only elastic member
`
`1610 deformed, not the surrounding shell).
`
`Regarding Claim 4, Kopelman further teaches wherein a thickness of the spring bellows
`
`varies along the flap boundary region (paragraph [0114] states that characteristics of the elastic
`
`membercan be changedto exert forces needed for the desired tooth movement and the
`
`characteristics can also vary within the elastic member; characteristics mentioned include
`
`thickness).
`
`Regarding Claim 5, Kopelman further teaches wherein an outer radius of curvature of
`
`the spring bellows varies along the flap boundary region (paragraph [0114] states that
`
`characteristics of the elastic member can be changedto exert forces needed for the desired
`
`tooth movementand the characteristics can also vary within the elastic member; some
`
`characteristics mentioned include shape, area, and cross section).
`
`Regarding Claim 6, Kopelman further teaches wherein the spring bellows defines a
`
`shear reduction region. Figures 26A-D teach features such as perforated lines for causing
`
`preferential bending by creating areas of increased compliance (paragraph [0167]). It would
`
`obvious to one of ordinary skill in the art to add such features to reduce shear in regions of the
`
`spring bellows as neededto apply the necessary forces for the treatment plan.
`
`Regarding Claim 7, Kopelman further teaches wherein the spring comprisesa plurality
`
`of spring bellows, wherein each respective spring bellows of the plurality of spring bellows is
`
`disposed along a respective portion of the flap boundary region (paragraph [0114] states that
`
`characteristics of the elastic member can be changedto exert forces needed for the desired
`
`tooth movementand the characteristics can also vary within the elastic member; characteristics
`
`mentioned include number of members).
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 10
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`Regarding Claim 8, Phan further teaches the spring bellows comprises at least one of
`
`an arc (Figure 11 showsspring 60 having an arc shape), zig-zag, sinusoid, a pulsed wave, or
`
`serpentine shape.
`
`Additionally, Kopelman teaches that the characteristics of the elastic memberor
`
`membrane can be changedto exert the forces needed for the desired tooth movements, such
`
`characteristics including but notlimited to the shape, area, and cross section of the member
`
`(paragraph [0114)]).
`
`Regarding Claim 11, Kopelman discloses the removable dental appliance of claim 9 (as
`
`presented above). Kopelman further discloses that the jumper or elastic membercharacteristics
`
`such as shape, area, and cross section can be changed to exert forces as needed (paragraph
`
`[0114]) and the elastic member can be a band, strip, spring, or other suitable elastic element
`
`(paragraph [0108]). While Kopelman discloses that the elastic memberor jumper could be a
`
`variety of shapes as needed, it may not disclose specific shapes for the jumper.
`
`Phan, in the same field of endeavor of removable dental appliances for orthodontic
`
`systems (paragraph [0004]), teaches wherein the jumper comprisesat least one of an arc, zig-
`
`zag, sinusoid, spiral, helix, or serpentine shape extending between the first end and the second
`
`end of the jumper(spring 60 in Figure 11 is an arc).
`
`Therefore, it would have been obvious to one having ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to have modified the jumpers of the removable
`
`dental appliance as disclosed by Kopelman to have an arc shape as taught by Phan in orderto
`
`provide the necessary forces for the desired tooth movements.
`
`Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kopelman (US 2015/0216627) in view of Tseng (US 2014/0370452).
`
`Regarding Claim 17, Kopelman discloses the removable dental appliance of claim 1 (as
`
`presented above), wherein the shell comprises an internal surface that defines a void internal to
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 11
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`the shell and shapedto receive the tooth in the desired position (paragraph [0112]). Kopelman
`
`may not explicitly disclose wherein the bendable flap and the arcuate memberare configured to
`
`apply the force to a side of the tooth opposite from the void to cause movementof the tooth
`
`toward the void.
`
`However, Tseng, in the same field of endeavor of dental appliances for orthodontic
`
`systems (abstract), teaches a void (reserve rooms 3110) opposite the side of the tooth where a
`
`force is applied (via protrusions 32). This void is provided to accommodate movementof the
`
`tooth caused by correcting the tooth placement (paragraph [0009)).
`
`Therefore, it would have been obvious to one having ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to have modified the removable dental appliance as
`
`disclosed by Kopelmanto be arranged with the internal void opposite the structure applying
`
`force to the tooth as taught by Tseng in order to accommodate movementof the tooth asit is
`
`corrected.
`
`Regarding Claim 18, Kopelman further teaches wherein the removable dental appliance
`
`further comprises a second bendable flap integrally formed with the appliance body to extend
`
`from a second hinge axis of the shell, wherein the second bendable flap defines a second
`
`boundary region extending fromafirst end of the second hinge axis around the second
`
`bendable flap to a second end of the second hinge axis, wherein the second boundary region
`
`comprises a second arcuate member(multiple bendable flaps can be formedin a single shell,
`
`for example Figures 18A-C and 19).
`
`Tseng further teach wherein the internal surface of the shell further defines a second
`
`portion of the void, and wherein the second force generating structure is configured to apply a
`
`second force to a second side of the tooth opposite from the secondportion of the void to cause
`
`movementof the tooth toward the secondportion of the void (Figure 7A).
`
`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 12
`
`Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Kopelman
`
`(US 2015/0216627) in view of Rabyet al (US 2017/0367792) and Shanjani et al (US
`
`2018/0153648).
`
`Regarding Claim 25, Kopelman discloses the method of claim 22 (as presented above).
`
`Kopelman discloses wherein determining, by the computing device, dimensions and shapesof
`
`the removable dental appliance includes selecting, by the computing device, the dimensions
`
`and shapes of the removable dental appliance (paragraph [0178]), but does not explicitly
`
`disclose the details of the design constraints used. Kopelman doesdisclose that the properties
`
`of the removable dental appliance can be determinedvia a suitable computer softwareor digital
`
`approach (paragraph [0183)).
`
`However, Raby, in the same field of endeavor of methods of designing and fabricating
`
`dental appliances (abstract), teaches the set of predefined design constraints including one or
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`more of a group consisting of:
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`a maximum localized force applied to the one or moreteeth of the patient or the
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`bendable flap when the removable dental appliance is worn by the patient;
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`a maximum rotational force applied to the one or moreteeth of the patient or the
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`bendable flap when the removable dental appliance is worn by the patient;
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`a maximum translational force applied to the one or moreteeth of the patient or the
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`bendable flap when the removable dental appliance is worn by the patient;
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`a maximum total force applied to the one or moreteeth of the patient or the bendable
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`flap when the removable dental appliance is worn by the patient; and
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`a maximum strain applied to the removable dental appliance when wornby the patient.
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`These design constraints as applied to the teeth of the patient are taught in Raby embodiment
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`15 on page 16 and in paragraph [0089]. Raby may not teach the design constraints including a
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`minimum as well as a maximum for the different forces and strain.
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`

`

`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 13
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`However, Shanjani, in the related field of endeavor of designing and fabricating a series
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`of removable palatal expanders (abstract), teaches configuring devices to exert force ina
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`predetermined range (paragraph [0010]), rather than only below a maximum value. A range of
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`forces is used in configuring the devices to achieve the desired amount of expansion in the
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`desired period of time (paragraph [0013)).
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`Therefore, it would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to have modified the method for generating
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`removable dental appliances as disclosed by Kopelmanto include the design constraints as
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`taught by Raby and a range for each design constraint as taught by Shanjani. One would have
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`been motivated to make the modification as Kopelman discloses that any suitable computer
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`program can be used to generate the device geometries and Raby teaches design constraints
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`for such a suitable program. Furthermore, Shanjani teaches using a range rather than a single
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`maximum value for the desired force in device designing. The combination of the elements
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`would yield predictable results of the dimensions of the removable dental appliance being
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`determined by the computerto generate forcesor strain within the minimum and maximum
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`values provided in the design constraints.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`Conclusion
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`disclosure.
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`Morton et al (US 2017/0273760) teaches that a range of movementvelocities can be
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`considered in the method for creating the orthodontic appliances.
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`Leslie-Martin et al (US 2013/0078594) teaches a dental appliance with auxiliary features
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`attached.
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`O’Bryan (US 2006/0177789) teaches orthodontic aligning systems with voids into which
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`teeth can move.
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`

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`Application/Control Number: 17/601,106
`Art Unit: 3772
`
`Page 14
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`Sato et al (WO 2018/102770) teaches removable arch adjustment appliances.
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`examiner can normally be reached Monday- Friday 9 am - 5 pm, every otherFridayoff.
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`/JENNIFER P CONNELL/
`Examiner, Art Unit 3772
`/JACQUELINE T JOHANAS/
`Supervisory Patent Examiner, Art Unit 3772
`
`