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`P32297.AO4
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`REMARKS
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`Initially, Applicants would like to express their appreciation to the Examiner for
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`the detailed Official Action provided.
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`Upon entry of the above amendments, claims 1 and 20 will have been amended.
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`Claims 1—5, 7-11 and 13—20 are currently pending. Applicants respectfully request
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`reconsideration of the rejections, and allowance of all the claims pending in the present
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`application.
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`Rejections under 35 U.S.C. § 103
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`In the Official Action, the Examiner rejected claims 1—5, 13 and 17-20 under 35
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`U.S.C. § 103 as being unpatentable over KURZ (US. Patent No. 4,123,844) in View of
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`SMILEY et al (US. Patent No. 4,511,330), and further in View of SMILEY et al. (US.
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`Patent No. 4,484,895;
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`the Examiner rejected claims 7—9 under 35 U.S.C. § 103 as being unpatentable
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`over KURZ in View of SMILEY ‘330/SMILEY ‘895, and further in view of LOTTE
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`(U.S. Pub. No. 2003/0207224);
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`the Examiner rejected claims 7, 10 and 11 under 35 U.S.C. § 103 as being
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`unpatentable over KURZ in View of SMILEY ‘330/SMILEY ‘895, and further in view of
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`ABOLFATHI (U.S. Pub. No. 2005/0186524); and
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`the Examiner rejected claims 14 and 16 under 35 U.S.C.
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`§ 103 as being
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`unpatentable over KURZ in View of SMILEY ‘330/SMILEY ‘895, and further in View of
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`KARLIN (US. Patent No. 6,062,855).
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`{P32297 00864689DOC}
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`8
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`P32297.A04
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`Without acquiescing to the propriety of the Examiner’s rejections, Applicants
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`submit that claim 1 has been amended my in order to more clearly recite the present
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`invention and expedite prosecution of the same.
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`In this regard, Applicants submit that the applied prior art, alone or in any
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`properly reasoned combination, does not discloses at least the combination of features
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`generally recited in independent claim 1.
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`In particular, claim 1 generally sets forth an orthodontic appliance including: a
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`magnetic element to be attached to the teeth so as to vibrate in response to a magnetic
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`field generated by the magnetic field generator and apply the vibration to only some of
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`the teeth; and a dental mouthpiece configured to be mounted on teeth,
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`the dental
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`mouthpiece including a storage space which stores only the magnetic element inside such
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`that the magnetic element is completely surrounded by the mouthpiece, and the storage
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`space being shaped to provide the magnetic element with play which permits an
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`independent vibration of the magnetic element itself within the storage space.
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`In setting forth the rejections, the Examiner asserts that KURZ discloses, inter
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`alia, a vibrating element 60 that applies vibration to the tooth on which the braces are
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`mounted (see paragprah 4 on page 2 of the Official Action).
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`lnititally, Applicants note that the precise language of the claims recite a magnetic
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`element to be attached to the teeth so as to vibrate.
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`Contrary to the Examiner’s apparent assertions, Applicants submits that
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`the
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`devices of the applied prior art are very different structurally from the presently claimed
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`invention.
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`More specifically, Applicants submits that, although KURZ discloses a vibrating
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`{P32297 00864689.DOC}
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`9
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`P3 2297.A04
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`element 60 being attached to the mouthpiece 16, the vibrating element 60 cannot be
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`completely surrounded by the mouthpiece 16, Le, because the Vibrating element 60 in
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`KURZ must be connected to the vibration motor 10 in order to vibrate. Therefore,
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`Applicants submit that the aforementioned structure of the device in KURZ prevents the
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`Vibrating element 60 from being completely surrounded by the mouth piece 16.
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`Thus, Applicants submit that the applied prior art, alone or in any properly
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`reasoned combination, does not disclose at least the presently claimed dental mouthpiece
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`including a storage space which stores only the magnetic element inside such that the
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`magnetic element is completely surrounded by the mouthpiece, as generally recited in
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`amended claim 1.
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`Further, Applicants submit that in the device of KURZ the vibrating element 60 is
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`merely a vibration medium for transmitting a vibration generated by the motor 10
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`(installed outside of the mouthpiece 16) to the entire mouthpiece; and thereby, all of the
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`teeth.
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`Thus, Applicants submit that the applied prior art, alone or in any properly
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`reasoned combination, also fails to disclose at least the presently claimed applying the
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`vibration of the magnetic element to only some of the teeth, as generally recited in
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`amended claim 1.
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`In this regard, Applicants submit that the LOTTE , SMILEY ‘330, SMILEY ‘895,
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`ABOLFATHI, and KARLIN do not disclose anything which can reasonably be
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`considered to supply the above discussed deficiencies in KURZ.
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`For example, Applicants submit that KURZ ‘330 merely discloses an intra-oral
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`magnetic module 17 archwire-mounted on teeth and unprotected within an oral cavity.
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`{P32297 00864689.DOC}
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`10
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`P32297.A04
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`Further, Applicants submit that KURZ ‘885 merely discloses magnets 15 and 16, which
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`do not generate vibrations by actions of a magnetic filed, but are merely provided to
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`produce varying currents in localized regions to aid soft—tissue repair and ontogenesis by
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`their displacement to each other due to bite action.
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`Accordingly, Applicants submit that the presently claimed invention has at least
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`an advantage over the applied prior art in that, because the magnetic element can be
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`vibrated within the mouthpiece by the magnetic field generator that is positioned outside
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`the mouthpiece, the mouthpiece protects the magnetic element while simultaneously
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`allowing vibration to be effectively applied to only some of the teeth.
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`In regard to independent claim 20, this claim sets forth an orthodontic method for
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`aligning teeth including: attaching a dental mouthpiece which includes a storage space
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`storing only a magnetic element inside such that the magnetic element is completely
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`surrounded by the mouthpiece, and having such a shape so as to provide the magnetic
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`element with play which permits an independent vibration of the magnetic element itself
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`within the storage space; and forming a magnetic field for vibrating the magnetic element
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`in the storage space of the dental mouthpiece attached to the teeth and applying the
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`vibration of the magnetic element to only some of the teeth.
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`Therefore, Applicants submit that independent claims 20 is allowable for at least
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`reasons similar to claim 1, as discussed supra.
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`Accordingly, Applicants submit that the rejections of claims 1-5, 7-11 and 13-20
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`under 35 U.S.C. § 103 are believed to be improper and should be withdrawn.
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`In view of the amendments and remarks herein, Applicants
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`submit
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`that
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`independent claims 1 and 20 are in condition for allowance, for reasons discussed supra.
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`{P32297 00864689.DOC}
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`1 1
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`P32297.A04
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`With regard to dependent claims 2—5, 7—11 and 13-20, Applicants assert that these claims
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`are allowable on their own merit, as well as because of their dependencies from claim 1,
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`which is allowable for reasons discussed supra.
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`Thus, it is respectfully submitted that all pending claims in the present application
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`are clearly patentable over the references cited by the Examiner, either alone or in
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`combination, and an indication to such effect is respectfully requested, in due course.
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`{P32297 00864689.DOC}
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`12
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`P32297.A04
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`SUMMARY
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`Applicants submit that the present application is in condition for allowance, and
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`respectfully requests an indication to that effect. Applicants have demonstrated the
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`allowability of the claims. Accordingly, reconsideration of the outstanding Official
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`Action and allowance of the present application and all the claims therein are respectfully
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`requested and is now believed to be appropriate.
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`Applicants note that this amendment is being made to advance prosecution of the
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`application to allowance and should not be considered as surrendering equivalents of the
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`territory between the claims prior to the present amendment and the amended claims.
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`Further, no acquiescence as to the propriety of the Examiner’s rejections are made by the
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`present amendment. All other amendments to the claims which have been made in this
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`amendment, and which have not been specifically noted to overcome a rejection based
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`upon the prior art, should be considered to have been made for a purpose unrelated to
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`patentability, and no estoppel should be deemed to attach thereto
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`{P32297 00864689DOC}
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`13
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`P3 2297.A04
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`Should the Examiner have any questions, the Examiner is invited to contact the
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`undersigned at the below-listed telephone number.
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`Respectfully submitted,
`Teruko YAMAMOTO et a1.
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`.%
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`Bruce H. Bernstein
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`EHOCh E. Peavey
`Reg. NO- 57.686
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`January 27, 2010
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
`Reston, VA 20191
`(703) 716-1191
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`{P32297 00864689DOC}
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`14
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