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 .
Election/Restrictions
Applicant’s election without traverse of species xvi (nozzle, Fig. 39A) directed to claims 2-28; and subspecies 1 (handle, Fig. 24A), A (powder cartridge supply, Fig. 25A), and I (supply apparatus, Fig. 44), in the reply filed on 28 August 2025 is acknowledged.
Claims 29-31 were withdrawn by Applicant in the reply filed 28 August 2025.
Claim Rejections - 35 USC § 103
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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-8, 11-18, 21-25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Dove (2010/0152634; cited by Applicant) in view of Borczyk (2009/0170052).
Regarding claim 2, Dove discloses a dental apparatus (Figs. 1 and 2; annotated Fig. 1, below; para. 0001) comprising:
an internal chamber (annotated Fig. 1, below);
a fluid inlet 2 in fluid communication with the internal chamber (id. and para. 0010), the fluid inlet configured to direct a treatment liquid into the internal chamber onto an internal surface to impart rotation to the treatment liquid in the internal chamber (id. and paras. 0013, 0015 and 0016); and
an exit hole (annotated Fig. 1, below) in fluid communication with the internal chamber (id.), the exit hole configured to convey the rotating treatment liquid to a treatment region of a tooth (paras. 0010 and 0015).
Dove does not disclose an aperture in fluid communication with the treatment region, the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region.
Borczyk also disclose a dental apparatus (Figs. 7 and 8; para. 0005) having an aperture 59 in fluid communication with the treatment region (Figs. 7 and 8, e.g., distal of ending 58), the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region (paras. 0029 and 0032). This configuration allows used cleaning fluid to be removed from the patient’s mouth (para. 0029).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the dental apparatus of Dove with an aperture in fluid communication with the treatment region, the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region, in view of Borczyk, to allow used liquid to be removed from the treatment region and removed from the patient’s mouth.
PNG
media_image1.png
400
754
media_image1.png
Greyscale
Regarding claim 3, the fluid inlet 2 is oriented to inject liquid horizontally via diversion element 6 (Fig. 2; paras. 0013 and 0016) into the internal chamber (id. and annotated Fig. 1, supra) and onto the internal surface thereof, the internal surface configured to impart rotation to the injected liquid (id.) and to redirect the rotating liquid in a downward direction through the exit hole (id.) to treat the treatment region of the tooth (id. and paras. 0010 and 0015);
Regarding claim 4, a central axis (annotated Fig. 1, supra) extends through the exit hole (id.), the fluid inlet 2 being oriented to inject liquid along a direction non-parallel to the central axis into the internal chamber (id.) and onto the internal surface thereof (id. and Fig. 2; paras. 0013, 0015 and 0016).
Regarding claim 5, the dental apparatus of the combination of Dove and Borczyk discloses the claimed invention, as set forth above with respect to claim 2, except for a handgrip including an internal tube in fluid communication with the fluid inlet and a second tube in fluid communication with the aperture.
Borczyk also discloses providing a handgrip 54 (Fig. 7) including an internal tube 52 (Fig. 8) in fluid communication with a fluid inlet (i.e., inlet into the pipe 62) and a second tube 67 in fluid communication with the aperture 59 (para. 0032). This configuration allows the device to be conveniently held and provides fluid communication to facilitate conveying the liquid to the treatment site and removing used liquid therefrom (para. 0032).
It would have been further obvious to configure the dental apparatus of the combination to include a handgrip including an internal tube in fluid communication with the fluid inlet and a second tube in fluid communication with the aperture, in further view of Borczyk, to allow the device to be conveniently held and provide fluid communication to facilitate conveying the liquid to the treatment site and removing used liquid therefrom.
Regarding claim 6, the apparatus of Dove and Borczyk discloses the claimed invention, as set forth above with respect to claim 2, except for a tube configured to inject a composition into the rotating treatment liquid.
Borczyk also discloses providing a tube 51 (Fig. 7 and cf. Fig. 8) configured to direct a cleaning liquid (i.e., “cleansing and/or a medical fluid”; para. 0032) pumped into the treatment fluid (id.). This configuration facilitates delivery of a cleaning or medical fluid for the treatment of the teeth.
It would have been further obvious to configure the dental apparatus of the combination to include a tube configured to inject a composition into the rotating treatment liquid, in view Borczyk, to facilitate delivery of a cleaning or medical fluid for the treatment of the teeth.
Regarding claim 7, the tube 51 is configured to direct at least liquid (para. 0032) into the rotating treatment liquid.
Regarding claim 8, the treatment liquid as disclosed by Dove comprises a cleaning liquid (para. 0020).
Regarding claim 11, the fluid inlet (annotated Fig. 1, supra) is configured to direct the treatment liquid against the internal surface of the internal chamber (id.) to generate a spinning flow in the treatment region of the tooth (Figs. 1 and 2; paras. 0013, 0015 and 0016).
Regarding claim 12, Dove discloses a dental apparatus (Figs. 1 and 2; annotated Fig. 1, supra; para. 0001) comprising:
A nozzle 4 comprising an internal chamber (annotated Fig. 1, supra) and a fluid inlet 2 in fluid communication with the internal chamber (id. and para. 0010), the fluid inlet configured to direct a treatment liquid into the internal chamber against a surface to generate a spinning flow in the nozzle and in a treatment region of a tooth (id. and paras. 0013, 0015 and 0016).
Dove does not disclose an aperture in fluid communication with the treatment region, the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region.
Borczyk also disclose a dental apparatus (Figs. 7 and 8; para. 0005) having an aperture 59 in fluid communication with the treatment region (Figs. 7 and 8, e.g., distal of ending 58), the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region (paras. 0029 and 0032). This configuration allows used cleaning fluid to be removed from the patient’s mouth (para. 0029).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the dental apparatus of Dove with an aperture in fluid communication with the treatment region, the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region, in view of Borczyk, to allow used liquid to be removed from the treatment region and removed from the patient’s mouth.
Regarding claim 13, the nozzle 4 comprises an exit hole (annotated Fig. 1, supra) in fluid communication with the internal chamber (id.), the exit hole configured to convey the spinning treatment liquid to the treatment region of the tooth (id. and paras. 0010, 0013, 0015 and 0016).
Regarding claim 14, the fluid inlet 2 is oriented to inject liquid horizontally via diversion element 6 (Fig. 2; paras. 0013 and 0016) into the internal chamber (id.) and onto the surface thereof, the surface configured to redirect the liquid in a downward direction through the exit hole to treat the treatment region of the tooth (annotated Fig. 1, supra; paras. 0010, 0013, 0015 and 0016).
Regarding claim 15, the dental apparatus of the combination of Dove and Borczyk discloses the claimed invention, as set forth above with respect to claim 12, except for a handgrip including an internal tube in fluid communication with the fluid inlet and a second tube in fluid communication with the aperture.
Borczyk also discloses providing a handgrip 54 (Fig. 7) including an internal tube 52 (Fig. 8) in fluid communication with a fluid inlet (i.e., inlet into the pipe 62) and a second tube 67 in fluid communication with the aperture 59 (para. 0032). This configuration allows the device to be conveniently held and provides fluid communication to facilitate conveying the liquid to the treatment site and removing used liquid therefrom (para. 0032).
It would have been further obvious to configure the dental apparatus of the combination to include a handgrip including an internal tube in fluid communication with the fluid inlet and a second tube in fluid communication with the aperture, in further view of Borczyk, to allow the device to be conveniently held and provide fluid communication to facilitate conveying the liquid to the treatment site and removing used liquid therefrom.
Regarding claim 16, the dental apparatus of the combination of Dove and Borczyk discloses the claimed invention, as set forth above with respect to claim 12, except for a supply tube configured to inject a composition into the spinning treatment liquid.
Borczyk also discloses providing a supply tube 51 (Fig. 7 and cf. Fig. 8) configured to direct a cleaning liquid (i.e., “cleansing and/or a medical fluid”; para. 0032) pumped into the treatment fluid (id.). This configuration facilitates delivery of a cleaning or medical fluid for the treatment of the teeth.
It would have been further obvious to configure the dental apparatus of the combination to include a supply tube configured to inject a composition into the rotating treatment liquid, in further view Borczyk, to facilitate delivery of a cleaning or medical fluid for the treatment of the teeth.
Regarding claim 17, the supply tube 51 is configured to direct at least liquid (para. 0032) into the spinning treatment liquid.
Regarding claim 18, the treatment liquid as disclosed by Dove comprises a cleaning liquid (para. 0020).
Regarding claim 21, Dove discloses a dental apparatus (Figs. 1 and 2; annotated Fig. 1, supra; para. 0001) comprising:
an internal tube 2;
a nozzle 4, the nozzle comprising an internal space (id.) in fluid communication with the internal tube 2 by way of an upper entry hole (the exit of internal tube 2 into the internal chamber; annotated Fig. 1, supra), the upper entry hole oriented to inject liquid from the internal tube 2 horizontally into the internal space and onto an internal surface of the nozzle 4, the internal surface configured to impart rotation to the injected liquid and to redirect the rotating liquid in a downward direction through a lower exit hole (id.) to treat a tooth (paras. 0010, 0013, 0015 and 0016).
Dove does not disclose a handgrip comprising the internal tube or an aperture in fluid communication with a second internal tube in the handgrip, the aperture and the second internal tube configured to connect to a pump to exert a suction force to drain liquids from the tooth.
Borczyk also disclose a dental apparatus (Figs. 7 and 8; para. 0005) having a handgrip 54 (Fig. 7) housing an internal tube (id.) and an aperture 59 in fluid communication with the treatment region (Figs. 7 and 8, e.g., distal of ending 58), the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region (paras. 0029 and 0032). This configuration allows the apparatus to be conveniently held and to allows used cleaning fluid to be removed from the patient’s mouth (para. 0029).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the dental apparatus of Dove with a handgrip and an aperture in fluid communication with the treatment region, the aperture configured to connect to a pump to exert a suction force to remove liquid from the treatment region, in view of Borczyk, to allow the apparatus to be easily held and to allow used liquid to be removed from the treatment region and removed from the patient’s mouth.
Regarding claim 22, the apparatus of the combination of Dove and Borczyk discloses the claimed invention, as set forth above with regard to claim 21, except for a parallel tube configured to inject liquid, powder granules, or air into the rotating liquid.
Borczyk also discloses providing a parallel tube 51 (Fig. 7 and cf. Fig. 8) configured to direct a cleaning liquid (i.e., “cleansing and/or a medical fluid”; para. 0032) pumped into the treatment fluid (id.). This configuration facilitates delivery of a cleaning or medical fluid for the treatment of the teeth.
It would have been further obvious to configure the dental apparatus of the combination to include a parallel tube configured to inject a composition into the rotating treatment liquid, in view Borczyk, to facilitate delivery of a cleaning or medical fluid for the treatment of the teeth.
Regarding claim 23, the liquid of the device of the combination is considered to have horizontal angular momentum as it utilizes the same principles to impart rotation to the liquid (Dove Figs. 1 and 2, paras. 0010, 0013, 0015 and 0016).
Regarding claim 24, the rotating liquid spins horizontally (Dove Figs. 1 and 2, paras. 0010, 0013, 0015 and 0016).
Regarding claim 25, the liquid as disclosed by Dove comprises a cleaning liquid (para. 0020).
Regarding claim 28, a central axis (annotated Fig. 1, supra) extends through the lower exit hole (id.), the upper entry hole being oriented to inject the liquid along a direction non-parallel to the central axis into the internal space and onto the internal surface (Figs. 1 and 2).
Allowable Subject Matter
Claims 9, 10, 19, 20, 26 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID C COMSTOCK whose telephone number is (571)272-4710. The examiner can normally be reached M-F 9:00-5:00 PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DAVID C. COMSTOCK
Examiner
Art Unit 3773
/DAVID C COMSTOCK/Examiner, Art Unit 3773
/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773