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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/12/2026 has been entered.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhong (CN 107440808 A, see machine trans. Ver.).
Re. Claim 1, Zhong discloses an oral treatment guide plate (Fig. 1-3; Abstract), comprising
a guide plate body (2/5/6; Par. 11; Annotated Figure A of Fig. 2), a saliva suction main tube (3; Par. 11; Annotated Figure A of Fig. 2), and a plurality of saliva suction branch tubes (1; Par. 11; Annotated Figure A of Fig. 2);
at least two notches (see Fig. 1 and 2 where the 3 rubber bands denoted as element 5 that make up the guide plate body makes openings which can be considered notches) are formed on the guide plate body (Fig. 1-3, wherein the at least two notches are configured to engage with an area where a tooth is missing (It is fully capable that the bands be engaged with an area where a tooth is missing by wrapping onto teeth surrounding the missing tooth area);
the saliva suction branch tubes are arranged on both sides of the at least two notches (Fig. 1), and extend along one or more surfaces of the guide plate body to reach the most distal notches of the at least two notches at a left side and a right side of the guide plate body respectively (Fig. 1 and 3);
outlets of the saliva suction branch tubes are connected to an inlet of the saliva suction main tube (Fig. 1; Annotated Figure A of Fig. 2);
an outlet of the saliva suction main tube is configured to connect with a suction device (See Fig. 1-3 where the other end of the main tube is fully capable of being connected to a suction device as a vacuum source needs to be present for the saliva to be ejected; Annotated Figure A of Fig. 2);
wherein the saliva suction branch tubes comprise a lingual saliva suction tube (Annotated Figure B of Fig. 3) that is provided with a plurality of first suction holes (4) on a side positioned toward the tongue (Fig. 3) and a buccal saliva suction tube (Annotated Figure B of Fig. 3) that is provided with a plurality of second suction holes (4) on a side positioned toward the buccal mucosa (Fig. 3), and
wherein the following is applied:
the plurality of first suction holes are concentrated in a first local area (see Fig. 2-3) near a distal end of the lingual saliva suction tube in a first direction (Fig. 2-3 where it is concentrated at the distal end), and are distributed in the first direction and a second direction in the first local area, where the first direction is an extending direction of the lingual saliva suction tube, and the second direction is perpendicular to the first direction (The Second direction is extending upwards towards the direction of the teeth extension which is found to be perpendicular to the first direction which is found to follow the extension of the tube towards the distal end).
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Re. Claim 13, Ellenbecker discloses an oral treatment guide plate assembly (Fig. 1-3; Abstract), comprising:
a guide plate body (2/5/6; Par. 11; Annotated Figure A of Fig. 2) defining at least one notch (see Fig. 1 and 2 where the 3 rubber bands denoted as element 5 that make up the guide plate body makes openings which can be considered notches) configured to engage with an area where a tooth is missing (It is fully capable that the bands be engaged with an area where a tooth is missing by wrapping onto teeth surrounding the missing tooth area), the notch defining a lingual side and a buccal side (Fig. 1 and 3 where it would define a lingual and buccal side by separating the plurality of suction tubes to either sides to be fitted on the lingual and buccal side accordingly);
a saliva suction main tube (3; Par. 11; Annotated Figure A of Fig. 2) mounted with respect to the guide plate body (Fig. 1 and 3 where it is mounted to the respect to the guide plate body by being connected to the guide plate body), the saliva suction main tube defining an inlet (Fig. 1; Annotated Figure A of Fig. 2) and an outlet (Fig. 1; Annotated Figure A of Fig. 2), wherein the outlet is configured to connect with a suction device (See Fig. 1-3 where the other end of the main tube is fully capable of being connected to a suction device as a vacuum source needs to be present for the saliva to be ejected; Annotated Figure A of Fig. 2); and
a plurality of saliva suction branch tubes (1; Par. 11; Annotated Figure A of Fig. 2) fluidly connected to the inlet of the saliva suction main tube (Fig. 1; Annotated Figure A of Fig. 2), a lingual saliva suction branch tube of the plurality of saliva suction branch tubes is positioned in proximity to the lingual side of the notch (Annotated Figure B of Fig. 3) and is provided with a plurality of first suction holes (4) positioned on a side toward the tongue (Fig. 3), and a buccal saliva suction branch tube of the plurality of saliva suction branch tubes is positioned in proximity to the buccal side of the notch (Annotated Figure B of Fig. 3) and is provided with a plurality of second suction holes (4) positioned on a side toward the buccal mucosa (Fig. 3), and
wherein the following is applied:
the plurality of first suction holes are concentrated in a first local area (see Fig. 2-3) near a distal end of the lingual saliva suction tube in a first direction (Fig. 2-3 where it is concentrated at the distal end), and are distributed in the first direction and a second direction in the first local area, where the first direction is an extending direction of the lingual saliva suction tube, and the second direction is perpendicular to the first direction (The Second direction is extending upwards towards the direction of the teeth extension which is found to be perpendicular to the first direction which is found to follow the extension of the tube towards the distal end).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (CN 107440808 A, see machine trans. Ver.) in view of Wenof (US 3084440 A).
Re. Claim 5, Zhong discloses the oral treatment guide plate of claim 1, but is silent to the outlet of the saliva suction main tube is provided with a tapered tube joint.
Wenoff discloses a dental suction device in the same field of endeavor and further discloses an
outlet (25) of a saliva suction tube (23) wherein the outlet is provided with a tapered tube joint (Fig. 2
shows the outlet being tapered) to secure the connection between the suction device and suction source.
It would have been obvious to someone skilled in the art before the effective filing date to have
modified the saliva suction main tube of Zhong as taught by Wenof to secure the connection between the suction device and suction source.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772