Ex Parte Singer et al

Patent Trial and Appeal Board

Mar 27, 2018

13465558 (P.T.A.B. Mar. 27, 2018)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/465,558 05/07/2012 Lawrence D. Singer DS-US125134 3154
22919 7590 03/29/2018
GLOBAL IP COUNSELORS, LLP
David Tarnoff
1233 20TH STREET, NW
Suite 600
WASHINGTON, DC 20036-2680
EXAMINER
PATEL, TARLA R
ART UNIT PAPER NUMBER
3772
NOTIFICATION DATE DELIVERY MODE
03/29/2018 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):
mailpto @ giplaw. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte LAWRENCE D. SINGER and
MARK C. DOMANSKI
Appeal 2017-007529
Application 13/465,558
Technology Center 3700
Before ANTON W. FETTING, MICHAEL C. ASTORINO
CYNTHIA L. MURPHY, Administrative Patent Judges.
MURPHY, Administrative Patent Judge.
DECISION ON APPEAL
The Appellants appeal under 35U.S.C. § 134 from the Examiner’s
rejections of claims 13—15 and 17. We have jurisdiction over this appeal
under 35 U.S.C. § 6(b).
We REVERSE.
Appeal 2017-007529
Application 13/465,558
STATEMENT OF THE CASE
The Appellants’ invention relates to “an intermaxillary fixation kit.”
(Spec. 11.)
Illustrative Claim
13. An intermaxillary fixation kit comprising:
a container;
a plurality of ligature connectors disposed in the
container; and
at least one dental arch bar disposed in the container, the
at least one dental arch bar including
an elongated pliable splint including an interiorly facing
side surface and an exteriorly facing side surface,
the pliable splint being in a moldable state and
including a curable component that cures to from a
moldable state to a rigid state upon being
activated; and
a plurality of individual attachment members spaced
apart from one another along a longitudinal
direction of the pliable splint, the attachment
members including an anchoring portion and a
protuberance portion, the anchoring portion being
at least partially embedded in the pliable splint,
and the protuberance portion extending from the
anchoring portion and being disposed on the
exteriorly facing side surface of the pliable splint.
References
Huget US 3,675,327 July 11, 1972;
Pratt1 US 5,323,787 June 28, 1994
Stegemann2 WO 96/06521 March 7, 1996
1 The Examiner and the Appellants refer to this reference (US 5,323,787) as
“Fishman.” (See e.g., Answer 2, Appeal Br. 6.)
2 The Examiner and the Appellants refer to this reference (WO 96/06521) as
“Klaus.” (See e.g., Answer 3, Appeal Br. 10.)
2
Appeal 2017-007529
Application 13/465,558
Rejections
The Examiner rejects claims 13, 15, and 17 under 35 U.S.C. § 103(a)
as unpatentable over Huget and Pratt. (Final Action 2.)
The Examiner rejects claim 14 under 35 U.S.C. § 103(a) as unpatentable
over Huget, Pratt, and Stegemann. (Final Action 3.)
ANALYSIS
Claim 13 is the sole independent claim on appeal, with the rest of the
claims on appeal (i.e., claims 14, 15, and 17) depending therefrom. (See
Appeal Br., Claims App.)
Independent claim 13 recites a “kit” comprising a “container” and
dental-arch-bar components “disposed in the container.” (Appeal Br.,
Claims App.) The Examiner finds that Huget discloses dental-arch-bar
components. (See Final Action 2.) Huget discloses a dental-splinting
method in which pins 10 are placed between the patient’s teeth 16 so that the
pins’ ends 11 and tips 12 extend outwardly therefrom. (See Huget, col. 4,
11. 21—42; see also Figures 1 and 2, reproduced below.)3