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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 5 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the plurality of first suction holes…are arranged in a two-dimensional array on the wide side surface of the lingual saliva suction tube, such that at least two of the plurality of the first suction holes are positioned at different heights in a second direction within a same cross-section perpendicular to the first direction…the plurality of second suction holes…are arranged in a two-dimensional array on the wide side surface of the buccal saliva suction tube, such that at least two of the plurality of the second suction holes are positioned at different heights in a fourth direction within a same cross-section perpendicular to the third direction” in lines 17-28. It is found that the underlined portions in regards to the suction holes are found to not be described in the specification.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph for being dependent off of claim 1.
Claim 13 recites “the plurality of first suction holes…are arranged in a two-dimensional array on the wide side surface of the lingual saliva suction tube, such that at least two of the plurality of the first suction holes are positioned at different heights in a second direction within a same cross-section perpendicular to the first direction…the plurality of second suction holes…are arranged in a two-dimensional array on the wide side surface of the buccal saliva suction tube, such that at least two of the plurality of the second suction holes are positioned at different heights in a fourth direction within a same cross-section perpendicular to the third direction” in lines 15-26. It is found that the underlined portions in regards to the suction holes are found to not be described in the specification.
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 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (CN 107440808 A, see machine trans. Ver.) in view of Walker (US 20190142558 A1) and Bombin (US 20150064646 A1).
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 wide side surface (See Annotated Figure C of Fig. 2) 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 wide side surface (See Annotated Figure C of Fig. 2) positioned toward the buccal mucosa (Fig. 3), and
wherein at least one of the following is applied:
the plurality of first suction holes are concentrated in a first local area 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 arranged in a two-dimensional array on the wide side surface of the lingual saliva suction tube (Fig. 2-3), where a first direction is an extending direction of the lingual saliva suction tube (Annotated Figure D of Fig. 2), and a second direction is perpendicular to the first direction (Annotated Figure D of Fig. 2).
However, Zhong is silent to the lingual saliva suction tube and the buccal saliva suction tube being a flat-shaped tube. Further, Zhong is silent to the plurality of first suction holes have at least two of the plurality of the first suction holes are positioned at different heights in a second direction within a same cross- section perpendicular to the first direction OR the plurality of second suction holes have at least two of the plurality of the second suction holes are positioned at different heights in a fourth direction within a same cross-section perpendicular to the third direction.
Walker discloses an oral device in the same field of endeavor and further discloses a guide plate (38) and a plurality of saliva suction tubes (39, 36, 37, and 34) where it is disclosed that the tubes may be flat-shaped (Par. 29 discloses that the cross section of the tubes may be rectangular and as such would make a flat shaped tube).
It would have been obvious to someone skilled in the art before the effective filing date to have the lingual saliva suction tube and the buccal saliva suction tube of Zhong to be flat-shaped tube as taught by Walker as it is a design choice as to the shape of the tube where Walker discloses similar round tubing to Zhong but also tubing of different shapes are equivalent to one thereof.
Bombin discloses a suctioning device in the same field of endeavor and further discloses the plurality of suction holes can have different arrangement such as in a staggered manner to increase the efficiency of flow evacuation (Par. 40; Fig. 2). This would result having the plurality of suction holes to be arranged at different heights in a direction of the width of the tube within the same cross-section perpendicular to the longitudinal direction of the tube.
It would have been obvious to someone skilled in the art before the effective filing date to have the plurality of suction holes as taught by Zhong and Walker to have a staggered manner as taught by Bombin to increase efficiency of flow evacuation. Thus, the combination would provide teaching of the plurality of first suction holes have at least two of the plurality of the first suction holes are positioned at different heights in a second direction within a same cross- section perpendicular to the first direction.
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Re. Claim 13, Zhong 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) on a wide side surface (See Annotated Figure C of Fig. 2) positioned 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) on a wide side surface (See Annotated Figure C of Fig. 2) positioned toward the buccal mucosa (Fig. 3), and
wherein at least one of 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 arranged in a two-dimensional array on the wide side surface of the lingual saliva suction tube (Fig. 2-3), where the first direction is an extending direction of the lingual saliva suction tube (Annotated Figure D of Fig. 2), and the second direction is perpendicular to the first direction (Annotated Figure D of Fig. 2).
However, Zhong is silent to the lingual saliva suction tube and the buccal saliva suction tube being a flat-shaped tube. Further, Zhong is silent to the plurality of first suction holes have at least two of the plurality of the first suction holes are positioned at different heights in a second direction within a same cross- section perpendicular to the first direction OR the plurality of second suction holes have at least two of the plurality of the second suction holes are positioned at different heights in a fourth direction within a same cross-section perpendicular to the third direction.
Walker discloses an oral device in the same field of endeavor and further discloses a guide plate (38) and a plurality of saliva suction tubes (39, 36, 37, and 34) where it is disclosed that the tubes may be flat-shaped (Par. 29 discloses that the cross section of the tubes may be rectangular and as such would make a flat shaped tube).
It would have been obvious to someone skilled in the art before the effective filing date to have the lingual saliva suction tube and the buccal saliva suction tube of Zhong to be flat-shaped tube as taught by Walker as it is a design choice as to the shape of the tube where Walker discloses similar round tubing to Zhong but also tubing of different shapes are equivalent to one thereof.
Bombin discloses a suctioning device in the same field of endeavor and further discloses the plurality of suction holes can have different arrangement such as in a staggered manner to increase the efficiency of flow evacuation (Par. 40; Fig. 2). This would result having the plurality of suction holes to be arranged at different heights in a direction of the width of the tube within the same cross-section perpendicular to the longitudinal direction of the tube.
It would have been obvious to someone skilled in the art before the effective filing date to have the plurality of suction holes as taught by Zhong and Walker to have a staggered manner as taught by Bombin to increase efficiency of flow evacuation. Thus, the combination would provide teaching of the plurality of first suction holes have at least two of the plurality of the first suction holes are positioned at different heights in a second direction within a same cross- section perpendicular to the first direction.
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 Walker (US 20190142558 A1), Bombin (US 20150064646 A1) and Wenof (US 3084440 A).
Re. Claim 5, Zhong, Walker and Bombin discloses the discloses the oral treatment guide plate of claim 1, but are 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, Walker and Bombin 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.
Argument #1: Applicant argues that Zhong does not disclose the tooth missing area as claimed and that the notches of Zhong are rubber rings intended to fix between teeth gaps.
Response #1: It should be noted that the particular limitation “configured to engage with an area where a tooth is missing” is found to be functionally claimed where because the structure is met (the at least one notch) by Zhong, it is fully capable of engaging with an area where a tooth is missing.
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 HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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