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 .
Response to Arguments
Applicant's arguments filed 12/02/205 have been fully considered but they are not persuasive.
Applicant has argued that Lifshitz discloses element 701 as a nozzle and thus the cited portions such as 731/919 cannot be seen as nozzles, however this is not persuasive as it is the structure as disclosed that provided for the claimed structure. Further applicant has argue that element 919 is a part of the internal cone, but this is not persuasive as 919 is the end of the inlet from which the liquid would exit and thus read on the term “nozzle”, if there is any further structure that applicant wishes to be required by the prior art then further limitations can be added. Further applicant has argued that the nozzle is not over the access port however the cited elements are either vertically over or directly over the cited access port.
Applicant has argued that nothing in Laufer discloses the jet of liquid impinges on the wall, however any fluid that is in motion will only change direction when acted upon by another force, when the fluid exits element 3, it has a momentum that will only move it forward in a straight line until it is acted upon by another force. When a part of the fluid that has exited the nozzle encounters the curved wall it will collide/impinge with the wall and thus have the force of the wall push back upon the fluid with results in the fluid moving, over the cumulative collisions and reactions, in what is shown as the apparent rotation. If the fluid was not constantly impinging upon the wall it would not change any course and would continue straight, however as there is a wall that the fluid is constantly hitting to change it’s direction this is not the case. The only object with would follow a curve path without physically impinging upon another object would be those being acted upon by gravitational free fall around a body or an electric particle around an electrical field. As such a portion of the fluid jet upon exiting the nozzle is indeed moving straight and impinges on the wall at a location vertically above the access port as that is the only way it would change direction to result in the shown general arrows of Laufer.
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-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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in 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 effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 41, 43-45, 48-49, 51-56, 59-60, and 63-65 rejected under pre-AIA 35 U.S.C. 102(a)(2) as being anticipated by Lifshitz et al. (US 2015/0125811 A1).
Regarding claim 41, Lifshitz discloses an apparatus for treating a tooth (title and abstract), the apparatus comprising:
a cap (Figs. 4b/6a/7a element 401,611,701 and Figs. 10a, 12a/b elements 1109/1219 etc.) comprising a chamber (Figs. 4b/6a/7a area inside elements 401,611,701, Fig. 10a, 12a/b elements 1001/1219) having a fluid outlet (Fig. 10 a element 1011) and an access port (Fig. 7a element 717 or 713 when optional cone 703 is not used, paragraph [0089] making clear that the use of the internal cones is optional and thus includes the structure of the cone not present, Fig. 10a access port 1015, similar opening in 12a/b) which places the chamber in fluid communication with a treatment region of the tooth when the cap is positioned against the tooth (Fig. 4b cap of Figs. 7a, 10a and 12a/b would be positioned against tooth interior);
and a fluid motion generator comprising an inlet configured to receive pressurized liquid (Fig. 7a/10/12a/b etc. element 713 and equivalent ) and a nozzle that is arranged downstream of the inlet and configured to form a coherent, collimated liquid jet (Fig. 7a/10/12a/b etc. element 731, an equivalent would embodiments in 10a, 12a/b etc., or Figs. 7/9 inlet 605/917 and nozzle 719/713/919 when optional cone insert not used as in paragraph [0124] disclosing the cone can be left out showing in figure 9a/b compared to 9c, Fig. 1a showing how the liquid from inlet 917 passing through the nozzle 919/717), disposed to direct a liquid jet over the access port (Figs. 4b/6a/7a element 731 would be vertically over the access port or the jet from 713 when optional cone 703 not used, Fig. 9 element 919, Figs, 12a/b elements 1215 and similar unlabeled structure in Fig. 10a, the liquid jet would pass over top of the access port by being vertically above the access port and embodiments where the cone would be removed the jet would be directly axially over the access port) to impinge at some angle on a surface of the chamber positioned opposite of the nozzle on a side wall of the chamber and exterior to the chamber of the tooth to generate fluid motion within the chamber and the treatment region (Figs. 7a, 10a and 12a/b having inner side wall surfaces opposite the outlets of the openings showing by the resulting curved/redirect jet flow at 1215 by the water jet impinging on the side wall inner surfaces, such as where element 731 opposes wall of 705, or where 713 flow would hit opposite side wall of 711 when optional internal cone 703 not used, paragraphs [0089] all disclosing internal cones being optional, Fig. 9 inlet wall opposite nozzle 919 when optional cones insert not used, further the generator is exterior to a tooth chamber and can be used when exteriorly).
Regarding claim 43 Lifshitz further discloses, wherein the surface of the chamber on which the liquid jet impinges is configured to generate a plurality of influent rotational flow paths (paragraph [0033] all disclosing one or more helical jets).
Regarding claim 44 Lifshitz further discloses, wherein the surface of the chamber on which the liquid jet impinges is configured to generate a bifurcated flow (fig. 12c showing a split in the flow that is bifurcation).
Regarding claim 45 Lifshitz further discloses wherein the fluid motion generator is disposed near a side wall of the chamber (throughout elements such as 731 and their similar structure in the other embodiments are near sidewalls of element 701, Fig. 12a element 1213 near sidewall of 1219, as would embodiments in 10a, etc., Fig. 9 inlet 917 and nozzle 919 when optional cones insert not used are at near the sidewall, similar to Fig. 7 when cone 703 not used).
Regarding claim 48 Lifshitz further discloses, wherein the fluid motion generator is oriented to direct the liquid jet in a flow direction that is generally transverse to a central axis of the access port(Fig. 4a elements 415 are generally transverse as would embodiments in 7a, 9a 10a, 12a/b etc.).
Regarding claim 49 Lifshitz further discloses, wherein the fluid motion generator is oriented to direct the liquid jet through a central portion of the chamber (Fig. 7a, 9a, 10a, 12a/b etc. elements 715, 1015, as would embodiments in 12a/b etc. ).
Regarding claim 51 Lifshitz further discloses, wherein the fluid motion generator is oriented to direct the liquid jet through a central axis of the access port (Fig. 7a, 9a, 10a, 12a/b etc. elements 715, 1015, as would embodiments in 12a/b etc.).
Regarding claim 52 Lifshitz further discloses, wherein the fluid motion generator is radially offset from a central axis of the access port (Figs. 7a element 731, Figs, 12a/b elements 1215 and similar unlabeled structure in Fig. 10a, Fig. 9a, element 919).
Regarding claim 53 Lifshitz further discloses, wherein the chamber comprises a cylindrical portion coupled to or formed with a distal portion, wherein the surface of the chamber positioned opposite of the nozzle is part of a side wall of the cylindrical portion (Fig. 7a element 711 opposite 713, when internal cone 703 is optional and not present, Fig. 9a chamber 901 upper portion being cylindrical with a side wall opposite 917).
Regarding claims 54 and 55, Lifshitz further discloses where the fluid outlet comprises a suction port disposed on a top wall of the chamber and communicating with the chamber to remove fluid from the chamber and the treatment region (Fig. 10a element 1007 at top wall of the chamber formed in the side of the top/upper wall above 1109 connected to fluid outlet 1011).
Regarding claim 56, Lifshitz further discloses wherein the suction port is offset from a central axis of the access port (Fig. 12 element 1213 offset from central axis).
Regarding claim 58, Lifshitz further discloses where the fluid motion generator is configured to delivery substantially degassed liquid to the treatment area (Figs. 4b/6a/7a element 401,611,701 and Figs. 10a, 12a/b elements 1109/1219 etc. are all of a structure to deliver fluid to a treatment area and if the input fluid would be a degassed fluid the devices are thus configured to deliver such a degassed liquid, further paragraph [0069] disclosing the fluid is a liquid and that an alternative would be a fluid with a gas, thus including the fluid not having any gas).
Regarding claims 59 and 60 Lifshitz further discloses, wherein the fluid motion generator generates turbulent, unsteady or chaotic flow (paragraph [0004] all disclosing turbulent flow which is also thus chaotic and unsteady inherently).
Regarding claim 63, Lifshitz further comprising a console to be in fluid communication with the chamber, the console comprising one or more pumps to drive fluid to and aspirate fluid from the chamber (Figs. 8a/b all).
Regarding claim 64, Lifshitz further discloses wherein the top wall of the chamber opposes the access port (Fig. 10a top/upper wall above 1109 opposite the access port 1015 position).
Regarding claim 65, Lifshitz further discloses where the nozzle is disposed to direct the liquid jet along a jet axis between the nozzle and the surface of the chamber positioned opposite of the nozzle to impinge on the surface of the chamber positioned opposite of the nozzle (Fig. 7a element 711 opposite 713, when internal cone 703 is optional and not present, Fig. 9a chamber 901 upper portion being cylindrical with a side wall opposite 917, thus any liquid jet would be directed from the nozzle along an axis of the nozzle to impinge on the wall surface opposite the nozzle).
Claims 41, 43, 45, 48, 52, 54, 55, 57, 61, 62, 64, and 65 are rejected under pre-AIA 35 U.S.C. 102(a)(2) as being anticipated by Laufer et al. (US 2014/0080090 A1).
Regarding claim 41, Laufer discloses an apparatus for treating a tooth (title and abstract), the apparatus comprising:
a cap (Fig. 1 element 1) comprising a chamber (Fig. 1 element 6) having a fluid outlet (Figs. 1/2 opening of element 1 that receives element 90 is an outlet through which the fluid of the suction port 14 also moves) and an access port (Fig. 1 element 10) which places the chamber in fluid communication with a treatment region of the tooth when the cap is positioned against the tooth (Fig. 8c);
and a fluid motion generator comprising an inlet configured to receive pressurized liquid (Fig. 1 element 2 ) and a nozzle that is arranged downstream of the inlet and configured to form a coherent, collimated liquid jet (Figs. 1/2 showing outlet of element 3 would create a collimated jet that upon exiting 3 would imping on the wall of 5 at some angle) and disposed to direct a liquid jet (Fig. 1 element 3) over at least a portion of the access port (Fig.1 elements 5 and 11 showing the jets flow over the access port as caused by the arrangement of 3/6 and is arranged vertically over top of the access port) to impinge on a surface of the chamber positioned opposite of the fluid motion generator and exterior to a chamber of the tooth to generate fluid motion within the chamber and the treatment region (Fig. 1 impingement on wall 6 opposite element 3 creating fluid flows 5 and being outside any tooth chamber), wherein the surface of the chamber positioned opposite of the fluid motion generator is disposed on a side wall of the chamber (Fig. 1 element 3 located near sidewall of element 6/7).
Regarding claim 43 Laufer further discloses, wherein the surface of the chamber on which the liquid jet impinges is configured to generate a plurality of influent rotational flow paths (Fig. 1 impingement on wall 6 opposite element 3 creating fluid flows 5).
Regarding claim 45 Laufer further discloses wherein the fluid motion generator is disposed near a side wall of the chamber (Fig. 1 element 3 located near sidewall of element 6/7).
Regarding claim 48 Laufer further discloses, wherein the fluid motion generator is oriented to direct the liquid jet in a flow direction that is generally transverse to a central axis of the access port(Fig.1 elements 5 and 11 showing the jets flow transversely over the access port as caused by the arrangement of 3/6).
Regarding claim 52 Laufer further discloses, wherein the fluid motion generator is radially offset from a central axis of the access port (Fig. 1 element 3 and 6 offset from central axis).
Regarding claims 54 and 55, Laufer further discloses the fluid outlet comprising a suction port communicating with the chamber to remove fluid from the chamber and the treatment region (Fig. 1 element 12 and 15) and the suction port passing through the top wall of the chamber (Fig. 1 element 12 pass through top wall 90).
Regarding claim 57, Laufer further discloses at least one vent disposed downstream of the suction port along an outlet passage that extends from the suction port such that the suction port lies between the chamber and the vent (Fig. 1 element 61).
Regarding claim 61 Laufer further discloses, a sealing member extending from the chamber, the sealing member being configured to seal the treatment region(Fig. 1 element between 10 and 12).
Regarding claim 62, Laufer further discloses wherein the suction port is smaller than the access port (Fig 1 diameter of element 12 is smaller than diameter of element 10).
Regarding claim 64, Laufer further discloses wherein the top wall of the chamber opposes the access port (Fig. 1 element 90 opposite element 10).
Regarding claim 65, Laufer further discloses where the nozzle is disposed to direct the liquid jet along a jet axis between the nozzle and the surface of the chamber positioned opposite of the nozzle to impinge on the surface of the chamber positioned opposite of the nozzle (Fig. 2 outlet of element 3 would create a collimated jet with an axis of element 3 that upon exiting 3 would impinge on the wall of 5 at some angle thus any liquid jet would be directed from the nozzle along an axis of the nozzle to impinge on the wall surface opposite the nozzle itself).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P SAUNDERS whose telephone number is (571)270-3250. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.P.S/ Examiner, Art Unit 3772 03/03/2026
/EDELMIRA BOSQUES/ Supervisory Patent Examiner, Art Unit 3772