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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/11/2024 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: “wherein the first supply line and the second supply line each comprise a check valve and/or the first supply line and the second supply line are designed as a plug-in mechanism and/or self-closing” should be “wherein the first supply line and the second supply line each comprise a check valve and/or a plug-in mechanism and/or a self-closing mechanism” .
Appropriate correction is required.
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
Claims 1, 5-10, and 12-15 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 “wherein the first supply line and the second supply line each comprise a check valve and/or the first supply line and the second supply line are designed as a plug-in mechanism and/or self-closing to prevent backflowing media or operating media from flowing into the secondary instrument via the interface on the instrument carrier side and contaminating the secondary instrument.” In particular, the limitation requiring the supply lines to have mechanisms preventing media from flowing into the secondary instrument are not supported by the originally filed disclosure. The supply lines and the connections of the supply lines to the secondary instrument are provided in order to supply pressure, air, and/or water to the secondary instrument. Page 7 of the instant application specification states:
Preferably, it is provided that the first supply line and/or the second supply line and/or the third supply line comprises a check valve and/or the first and/or the second and/or the third connection is designed as a plug-in mechanism and/or self-closing. In particular, the design of a check valve in the first and second supply lines makes it possible to advantageously prevent backflowing media or operating media from flowing into the treatment device via the interface on the instrument carrier-side and contaminating it. By a self-closing mechanism is preferably meant such a mechanism in which one end of the first port and/or the second port is closed as soon as the secondary instrument is not connected. This, in turn, allows to prevent media or operating fluids from entering the first supply line and/or the second supply line, which are provided for the modular secondary instrument during operation.
Valves or self-closing mechanisms of the connections or lines are intended to protect the treatment device, not the secondary instrument. The treatment device is the treatment chair and/or instrument support systems in the instant application, see Claim 14 and first two paragraphs of the specification. Therefore there is not support in the originally filed application for valves or mechanisms being arranged to prevent flow into the secondary instrument from the supply lines and this limitation is new matter.
Claims 5-10 and 12-15 are rejected due to their dependence on Claim 1.
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.
Claims 1, 5-10, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lehmann (WO 02/074180; translation provided with a previous office action) in view of Abbott (US 6,039,567) and in further view of Goldman (US 6,485,303), Kaltenbach & Voigt GmbH (GB 1,579,537), and Dietmer (CS 239910; translation provided with a previous office action).
Regarding Claim 1, Lehmann discloses an instrument carrier (instrument table 1) of a treatment device (Figure 1), in particular a dental treatment device (Figure 1; translation page 2 third paragraph from bottom of page), comprising:
a primary instrument provided on the treatment device (conventional treatment instruments 4) and wherein at least a part of the primary instrument is an integral component of the treatment device (translation page 2 second paragraph from bottom of page);
an interface on an instrument carrier side for connecting a secondary instrument (interface where powder container 7 is installed is on one side of instrument carrier as seen in Figure 1; additional components for the interface between the carrier and the secondary instrument include outputs 21, 22, and 23 for connecting secondary instrument supply lines to supply block 20), wherein the secondary instrument is a powder jet device (powder container 7 that connects to handpiece for powder jet instrument 5), wherein by means of the interface the secondary instrument is arranged on the outside of the instrument carrier (powder container 7 is seen in Figure 1 to be at least in part outside the instrument carrier; translation page 2 third paragraph from bottom of page), wherein the primary instrument is provided as a handpiece (conventional treatment instruments 4), wherein the secondary instrument comprises an output channel for supplying powder to a hand-held device (line 36; translation page 3 second paragraph from bottom of page), wherein the output channel is connected to the instrument carrier in the assembled state (Figure 1 shows line 36 is within supply hose 12 and Figure 1 shows supply hose 12 connects instrument table 1 and powder jet instrument handpiece 5 in assembled state);
wherein the interface on the instrument carrier side for connecting a secondary instrument comprises an electrical connection for the power supply and/or information exchange (translation page 3 top paragraph teaches that the supply block controls the electricity to the instrument).
The interface of Lehmann does not explicitly call for the secondary instrument being reversibly connected and modular. Additionally, Lehmann does not explicitly call for a first and second connection for reversibly connecting the first and second supply lines to the first and second coupling elements of the secondary instrument or details of a mechanical fixation mechanism and electrical connection for a reversible connection.
However, Abbott, in the same field of endeavor of powder jet devices mounted on dental treatment devices (abstract; Figure 1), teaches a reversible connection (col 3 lines 19-24) for a modular secondary instrument in the form of a powder jet device (Figure 2 shows fluidizing pressure vessel 102 where powder is added through removable powder filler cap 200, air is supplied through inlet port 294, and electrical power is supplied through electrical contacts 266 and then outlet hose 11 carries the abrasive powder under pressure to the handheld tool) which uses existing pressure sources (col 2 lines 10-14; col 3 lines 50-58). Abbot teaches the powder jet device being mounted on an instrument tray or dental chair (col 3 lines 19-24), therefore where it is mounted there is an interface between the two. Abbott also teaches that a removable powder jet device will need an electrical connection (fluidizing pressure vessel 102 has electrical contacts 266 which receive information from controller 110 via electrical connection 150) and at least one supply line connection which includes a valve (pressure inlet hose 105 with normally closed valve 104; col 3 line 51 to col 4 line 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the instrument carrier of Lehmann to further include the interface allowing for reversible connection of the secondary instrument as taught by Abbott in order to make the secondary instrument separable from the instrument carrier. Abbott teaches that this reversible connection needs to at least include one supply line connection and an electrical connection. The court has held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose." In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144.04(V)(C). In this instance there are several reasons it may be desirable to make a powder jet instrument separable from the instrument carrier including sharing one powder jet instrument across multiple treatment rooms, replacing the powder jet instrument as needed without having to replace the entire treatment device, or to not have additional instruments present on the treatment device when they are not being used in a particular appointment.
The combination of Lehmann and Abbott does not explicitly teach a second connection for reversibly connecting a second supply line to the secondary instrument. Lehmann does teach that two supply lines, for air and water, are necessary for the functioning of the device (translation page 2 first paragraph), but the water supply line is described as being directly connected to the hand piece of the secondary instrument, and therefore may not be considered to be part of the removable secondary instrument interface.
However, Goldman, in the same field of endeavor of powder jet instruments (also known as dental abrading instruments; abstract), teaches that water may be mixed with the powder and air or may be kept separate when using a powder jet device (col 1 lines 14-29).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lehmann and Abbott for an instrument carrier with a primary treatment device and an interface for a removable secondary treatment device in the form of a powder jet device to also include a first and second connection for reversibly connecting the first and second supply lines to the first and second coupling elements of the secondary instrument. Including connections for both supply lines in the interface so they can connect to the first and second coupling elements of the secondary instrument allows the secondary instrument to control mixing of water, air, and powder, as taught by Goldman to be desirable (col 1 lines 14-29; col 2 lines 58-67). Additionally, it would be obvious to have the secondary instrument control both the air and water necessary for the functioning of the instrument, and therefore it would be obvious to have such supply connections in the interface.
While Lehmann teaches a check valve in the supply lines, these check valves prevent flow into the supply system within the powder jet device. Therefore Lehmann, Abbott, and Goldman do not explicitly teach the supply connectors or supply lines comprising check valves, plug-in mechanism, or being self-closing to prevent contamination of the secondary instrument.
However, Kaltenbach & Voigt GmbH, in the same field of endeavor of dental treatment chairs and instrument carriers (abstract), teaches plug-in mechanisms as a known mechanism for connecting supply lines at an interface (plug-in coupling 25; page 4 lines 22-25). Such a mechanism is used to prevent unwanted flow such as when nothing is plugged into the mechanism or is improperly plugged into the mechanism.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the instrument carrier and its interface to include plug-in mechanisms as taught by Kaltenbach & Voigt GmbH in order to prevent undesired flow through the supply lines, such as when the secondary instrument is not connected or not properly connected, which will prevent such undesired flow.
Abbott teaches the powder jet device being mounted on an instrument tray or dental chair (col 3 lines 19-24), but does not explicitly teach a mechanical fixation mechanism being part of the reversibly connecting interface.
However, Dietmer, in the same field of endeavor of instrument carriers used by dentists (Figure 1), teaches wherein the interface on the instrument carrier side, for connecting the secondary instrument, comprises a mechanical fixation mechanism (securing recess 23 in cover plate 4 accepts pivoting pins 20 of module carrier 2; translation via Google lines 102-107) and an electrical connection (socket 18 connects to power supply member 17a of carrier module 2; translation via Google lines 92-94) for the power supply. Dietmer has a mechanical fixation mechanism to securely connect the module carriers to the structure (supply unit 3; translation via Google lines 102-107) and an electrical connection to supply power to the module carriers (translation via Google lines 92-94).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the interface of the instrument carrier as taught by Lehmann, Abbott, Goldman, and Kaltenbach & Voigt GmbH with the mechanical fixation mechanism as taught by Dietmer in order to securely connect the instrument carrier and the secondary instrument.
Regarding Claim 5, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Lehmann further teaches, wherein a connecting line is provided (line 36) which connects the secondary instrument to the instrument carrier (line 36 runs from powder container 7, which is the secondary instrument, to supply hose 12, which extends from the instrument carrier by means of connection fitting 13) and via which a powder-gas mixture is conveyed or conducted from the secondary instrument to the instrument carrier (translation page 3 second paragraph from the bottom of the page), which in turn supplies a hand-held device (powder jet instrument 5) associated with the secondary instrument with the powder-gas mixture (translation page 3 second paragraph from the bottom of the page).
Regarding Claim 6, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Abbott further teaches wherein a valve is provided for adjusting an amount of a powder-gas mixture to be ejected, the valve being arranged outside the instrument carrier (pinch valve block assembly 270 controls outflow to outlet hose 111; col 7 line 64 to col 8 line 4).
Regarding Claim 7, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 6. Abbott further teaches wherein the valve is part of the secondary instrument (pinch valve block assembly 270 is part of fluidized pressure vessel 102 of the secondary instrument).
Regarding Claim 8, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Lehmann further discloses wherein the instrument carrier comprises a receiving area for the secondary instrument in the form of a recessed course on the outside of the instrument carrier (Figure 1 shows powder container 7 recessed into the instrument carrier).
Abbott also shows the secondary instrument sitting in a recessed receiving area on the instrument carrier (Figure 1).
Regarding Claim 9, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Lehmann further teaches wherein a foot pedal (foot switch 16) is provided for controlling the primary instrument and/or the secondary instrument (translation page 3 first paragraph).
Regarding Claim 10, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Abbott teaches that the powder jet device (102) needs at least the first connection for reversibly connecting to the first supply line (inlet port 294) and the electrical connection. Lehmann also teaches the instrument carrier having a first connection (output 21) for connecting to a first supply line (line 24 that connects to powder container 7) and an electrical connection (translation page 3 top paragraph). Goldman teaches that a powder jet device may also include mixing of water with the air and powder in the device (col 1 lines 14-29), and therefore a second connection for connecting a second supply line is necessary to the interface rather than the handpiece.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the interface of the instrument carrier and the powder jet device would interact in a reversibly connectable way (Abbott: col 3 lines 19-24) to form the assembled state with the first connection and second connection for reversibly connecting the first and second supply line to the first and second coupling element of the secondary instrument and with an electrical connection. One of the supply lines would be for air and the other for water, as Goldman teaches both being known to be needed for at least some powder jet devices at the mixing area.
Furthermore, Dietmer teaches the mechanical fixation at the interface being in the sense of a key-lock mechanism (securing recess 23 in cover plate 4 accepts pivoting pins 20 of module carrier 2; translation via Google lines 102-107).
Regarding Claim 12, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Lehmann further teaches wherein the instrument carrier comprises a pivot arm (support art 2) and/or a displaceable trolley.
Regarding Claim 13, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Abbott further teaches wherein the secondary instrument is usable independently of the treatment device (col 4 lines 55-59).
Regarding Claim 14, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the instrument carrier according to claim 1. Lehmann teaches wherein a powder jet device (powder container 7) is arranged at the interface as a secondary instrument (Figure 1). Lehmann also teaches wherein an instrument carrier is part of a treatment device (Figure 1 shows the instrument carrier is connected to the rest of the treatment device via support arm 2; translation page 2 third paragraph from bottom describes the instrument table 1 as being part of a dental treatment device).
Regarding Claim 15, Lehmann, Abbott, Goldman, Kaltenbach & Voigt GmbH, and Dietmer teach the treatment device according to claim 14. Abbott further teaches wherein the treatment device is a treatment chair (col 3 lines 19-24; col 4 lines 49-51; Figure 1 shows an instrument carrier in the form of dental tray 124 on dental chair 120).
Response to Arguments
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive.
Applicant argues that interface as taught by Lehmann and Abbott, and in particular the connections of Abbott, are “not integrated into a single interface region”, as the secondary instrument of Abbott has connections for pressure supply on different sides and the electrical connection opposite the pressure inputs. However, this argument relies on a narrower interpretation of an interface than is recited in the claims. The entire area that connects the powder-jet device and the instrument carrier forms the interface for reversibly connecting the two. This interface may spread over multiple areas of the instrument carrier, such as multiple sides of a recess on the outside the instrument carrier on to which the powder-jet device is mounted. The claims do not limit the size or shape or similar structure of the interface, rather the claims are directed at the components of the interface. The entire area of over which the secondary instrument and the instrument carrier touch or interact can reasonably be interpreted as the interface.
Additionally, though not required by the claims that the interface components all be arranged in a single plane or similar, such an arrangement for connecting dental instruments to an instrument carrier is known. For example see Cassani (DE 2655201 A) which teaches modular dental units with an interface that includes water and air supply (8), power supply (9), and pins (5), as seen in Figure 2 below. Therefore while Cassani does not teach this interface being specifically for a powder jet device, it would be well within the ordinary skill of a person in the art to combine the teaching of Lehmann and Abbott to make a single surface interface like that of Cassani for a powder jet device if the claims recited such further limitations. Dietmer also supports multiple types of connections arranged into a single plane for an interface between components.
PNG
media_image1.png
618
460
media_image1.png
Greyscale
Applicant also argues that Lehmann does not teach two supply lines, however Goldman is relied upon to teach that water may be mixed with powder and air within a powder jet device or may be combined after the powder and air are mixed. Therefore while Lehmann does the second option (mixing after), it would be obvious to one of ordinary skill in the art to try to make an interface for a device that mixed the water with the powder and air, since Goldman teaches both types of devices are known, and such a device would need two supply connections – one for water and one for air.
Applicant also argues that Lehmann does not teach valves in the supply lines in the secondary instrument, however even if this is the case, such is outside the bounds of the claims, which are directed to the instrument carrier of the treatment device, not to the structure of the secondary instrument itself. The claims recite a check valve and/or a plug in mechanism and/or self closing. Kaltenbach & Voigt GmbH is relied upon to teach a plug-in mechanism to prevent unwanted flow.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer P. Connell whose telephone number is (703)756-1169. The examiner can normally be reached Monday - Friday 9 am - 3 pm ET.
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, Edelmira Bosques can be reached on (571)270-5614. 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.
/JENNIFER P CONNELL/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights