DETAILED ACTION
Notice of Pre-AIA 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/20/2024 has been entered.
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 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.
Claim(s) 1, 3-5, 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasaab (2014/0106298) in view of Tomasini (4,199,270).
Kasaab discloses a clinical dispenser and applicator (title; figures 1-7) comprising: an elongated distal shaft (e.g. 230) having a first end and a second end and extending along a longitudinal axis, a portion of which is hollowed-out defining a material reservoir (e.g. 240) beginning at a proximal end thereof, wherein the hollowed-out portion comprises a first section (corrugated structures having larger diameter at peak and smaller diameter at valley) including a diameter that is smaller than a diameter of an adjacent section that is proximal to the first section (fig. 2) or a diameter of an adjacent section that is distal to the first section (fig. 2); a proximal tube (e.g. 225) portion comprising an exit hole (e.g. 215), the proximal tube portion connected to the elongated distal shaft; wherein said hollowed-out portion of said elongated distal shaft is configured to be squeezable to create a vacuum to suction a material into said material reservoir through said exit hole from a well containing the material and to dispense the material from said material reservoir through said exit hole onto a predetermined area of interest, a tooth structure ([0015]) and the proximal tube portion is bent at an angle relative to the axis .
Kasaab fail to teach the distal shaft having a continuous taper from a most proximal end of the first end to the second end as claimed; however,
Tomasini teaches a dispenser (e.g. 1 in figure 1) including an elonaged distal shaft (e.g. 3) having a continuous taper from the most proximal end of first end to the most distal end of second end as claimed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the device of Kasaab by providing the distal shaft having a continuous taper from the first end to the second end as claimed as taught by Tomasini in order to easily squeeze out the materials from the reservoir and to refill if needed.
Regarding claim 3, Kasaab discloses the proximal tube portion further comprises a proximal tip (fig. 7) having the exit hole (e.g. 215’), which substantially encircles the longitudinal axis of the tube portion. Regarding claim 4, a plurality of fibers or bristles extending circumferentially from the proximal tip (fig. 7). Regarding claim 5, at least two of the fibers or bristles are arranged in distinct lines substantially perpendicular to the longitudinal axis similar to the applicant’s invention (fig. 7). Regarding claim 8, the proximal tube portion is tapered from a distal end to a proximal end thereof (fig. 7). Regarding claims 9, 10, the material is a dental materials and also the device is capable of holding dental composition as claimed. Regarding claim 12, the angel is up and about 45 degrees ([0028]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 12/20/2024 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Patel Yogesh whose telephone number is (571) 270-3646. The examiner can normally be reached between 9 AM – 5:30 PM on Monday, Thursday and Friday.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE Bosques Edelmira, at (571) 270-5614.
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/YOGESH P PATEL/ Primary Examiner, Art Unit 3772