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 § 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)(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.
Claim(s) 1-2 and 5-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liang (CN 108420555).
Liang discloses a tip element for a dental treatment device being a scaler, wherein the tip element performs an ultrasonic vibration during its utilization (pars. 6, 21, 27) comprising a first end section 1 for attaching the tip element to a hand piece (par. 39) a second end section, forming a dental tool (portion of tip section 23, see annotated figure below), and a motion transformation section arranged between the first end section and the second end section (section 21/22 and a portion of 23), wherein, for transforming a ultrasonic vibration having a first vibration direction to an ultrasonic vibration direction having a second vibration direction (such that this limitation is functional, the vibration source is attached to the end and delivered to the tip, therefore, the tip functions are claimed), the motion transformation section has a first bended subsection (portion of 21 and 22 making up angle a, see figs. 2-3) and a second bended subsection (portion of 22 and 23 making up angle b, see figs. 2-3), wherein a course of the tip element is bended about a first angle (a) in the first bended subsection and about a second angle (b) in the second bended subsection, wherein the first angle and the second angle are between 85 degrees and 125 degrees (see par. 41) and wherein the second end section tapered to its point end, wherein the tip element only tapers to a front end without having a ball like front end (see figs. 2-3), wherein in the second end section of the tip element is shaped such that it is bended in a tilted direction about a third angle relative to a main plane including the first bended subsection and the second bended subsection, wherein the third angle is between -75 degree and 75 degrees (such that it is zero degrees which is included in the range), wherein the tip element comprises a titanium amount of less than 80 weight % (pars. 20-24, 40, 43, such that the tip does not have any titanium and therefore has 0% titanium which is less than 80%).
PNG
media_image1.png
400
541
media_image1.png
Greyscale
With respect to claim 2, Liang further discloses a different between the first angle and the second angle is smaller than 15 degrees (par. 41, such that the first angle is 100 degrees and the second angle is 110 degrees).
With respect to claim 5, Liang further discloses wherein the motion transformation section has a first length and tip element in the motion transformation section forms a lateral shift having a second length (such that portion 23 is shifted laterally form portion 21), wherein the first length is longer than the second length, wherein the first length and the second length defining dimensions of the motion transformation sector in different planar planes (see annaoted figure below).
PNG
media_image2.png
373
368
media_image2.png
Greyscale
With respect to claim 6, Liang further discloses wherein the second length is in a range between 3 and 8 mm (see par. 41, fig. 8, such that the entire length of portion 23 is 9.4-9.6 mm, however, as illustrated above with respect to claim 1, only a portion of element 23 is the second length, therefore, for interpretation purposes, the length of the second portion is 6.6mm to 1.6mm (with the total length of element 23 is 9.6mm) which makes the second length of the motion transformation section 3 to 8mm, which is within the claimed range).
With respect to claim 7, Liang further discloses the tip element has a core region and a cover region, wherein the cover region surrounds the core region (see fig. 4, pars. 40-43 such that 23 is the core and layers 3-5 cover it), wherein along the tip element the cover region modifies its extension measured in a direction perpendicular to the extension of the tip element (see annotated figure, such that the cover extends along the course of the tip and the portion at 21 extends perpendicular to the portion at 22).
With respect to claim 8, Liang further discloses wherein in the motion transformation section, the cover (and core) has a first cross section area in a first cross section perpendicular to the course of the tip element measured at a section of the motion transformation section near the first end section and a second cross section area in a second cross section perpendicular to the course of the tip element in the motion transformation section at the respective position of the course measured at a section of the motion transformation section near the end second section forming the dental tool (see fig. 3, such that the entire motion transformation section tapers, so a portion near the first section has a larger cross section than a portion near the second end, i.e. near 23).
PNG
media_image3.png
373
445
media_image3.png
Greyscale
With respect to claim 9 Liang further discloses, wherein a cover region has a conical shape along the course of the tip element in the motion transformation section (see fig. 3, such that it tapers and has a conical portion along its course).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang (CN 108420555) as applied to claim 1 above, and further in view of Lin (CN 204909697).
Liang teaches the invention as substantially claimed and discussed above including a first radius of curvature is assigned to the first bended subsection, however, does not specifically teach D1 is in the range between 1.2 and 4mm.
Lin teaches a tip element for a dental treatment device, being a scaler (figs. 3-4) wherein the tip element performs an ultrasonic vibration during its utilization (par. 7), comprising a first end section (4) for reversibly attaching the tip element to a hand piece (par. 26), a second end section (1), forming a dental tool, and a motion transformation section (see figure below) arranged between the first end section and the second end section (see figure below), wherein, for transforming an ultrasonic vibration having a first vibration direction to an ultrasonic vibration having a second vibration direction, the motion transformation section has a first bended subsection 31 and a second bended subsection 32, wherein a course of the tip element (construed as an extension of the curved length of the tip) is bended about a first angle in the first bended subsection (par. 33, the curvature of 31 is 90 degrees to 180 degrees) and about a second angle in the second bended subsection (par. 34 the curvature of the second curved portion is 90 degrees to 180 degrees), wherein the first angle and/or the second angle is between 85 degrees and 125 degrees (par. 33-34, “90 degrees to 180 degrees”). Further regarding claim 4, Lin further teaches wherein the radius of the first bended subsection, wherein D1 is in the range between 1.2 and 4mm (par. 35, “the radius R1 of the first curved portion 31 is 1 to 50mm”) and thus is construed to satisfy the equation as recited. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the radius of curvature taught by Liang to be within the claimed range taught by Lin in order to provide the tool to fit within the oral cavity (par. 39).
Claim(s) 1-2 and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Warrin (EP 0,323,598) in view of Lin (CN 204909697).
Warrin teaches tip element for a dental treatment device being a scaler, wherein the tip element performs an ultrasonic vibration during its utilization (pg. 5, ll. 25-33) comprising a first end section for attaching the tip element to a hand piece (see fig. 10 which shows embodiment with end 138, see figs. 14-15 such that the embodiment has an end similar to 138 to connected to handpiece) a second end section, forming a dental tool (being from bend 162 to tip 34), and a motion transformation section arranged between the first end section and the second end section (see annotated figures below), wherein, for transforming a ultrasonic vibration having a first vibration direction to an ultrasonic vibration direction having a second vibration direction (such that this limitation is functional, the vibration source is attached to the end and delivered to the tip, therefore, the tip functions are claimed), the motion transformation section has a first bended subsection (see annotated figure below, portion of shaft on either side of the first angle) and a second bended subsection (see annotated figure below, portion of shaft on either side of the second angle), wherein a course of the tip element is bended about a first angle (see annotated figure below) in the first bended subsection and about a second angle (see annotated figure below) in the second bended subsection, wherein and wherein the second end section tapered to its point end (see figs. 14-15), wherein the tip element only tapers to a front end without having a ball like front end (see figs. 14-15), wherein in the second end section of the tip element is shaped such that it is bended in a tilted direction about a third angle relative to a main plane including the first bended subsection and the second bended subsection (see figs 14-15, , pg. 6, ll. 42-43, such that the tip element is bend at 162) and wherein the third angle appears to be between -75 and 75 degrees (see fig. 5, annaoted figure, such that is appear to be approximately 45 degrees). It is noted that Warrin does not specifically teach the third angle as claimed, however, it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the third angle of Warrin to be within the claimed range since it has been held that were the general condition of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05, II, A). It is further noted that the prior art teaches the third angle for the same purposes as the applicant (see pg. 9, ll. 8-18 of applicant’s specification), such that depending on the desired use of the tip, the third angle is provided. See pg. 6, ll. 42-43 of Warrin which teaches the third angle of figs. 14-15 is provided for when the tool is being used for root planning molars on the left side of the mouth. Warrin further teaches wherein the tip element comprises a titanium amount of less than 80 weight % (pg. 4, ll. 43-45, such that it is stainless steel and therefore has 0% weight titanium which is less than 80% weight as claimed). Warrin teaches the invention as substantially claimed and discussed above, however, does not specifically teach the first angle and the second angle are between 85 and 125 degrees
PNG
media_image4.png
382
872
media_image4.png
Greyscale
Lin teaches a tip element for a dental treatment device, being a scaler (figs. 3-4) wherein the tip element performs an ultrasonic vibration during its utilization (par. 7), comprising a first end section (4) for reversibly attaching the tip element to a hand piece (par. 26), a second end section (1), forming a dental tool, and a motion transformation section (see figure below) arranged between the first end section and the second end section (see figure below), wherein, for transforming an ultrasonic vibration having a first vibration direction to an ultrasonic vibration having a second vibration direction, the motion transformation section has a first bended subsection 31 and a second bended subsection 32, wherein a course of the tip element (construed as an extension of the curved length of the tip) is bended about a first angle in the first bended subsection (par. 33, the curvature of 31 is 90 degrees to 180 degrees) and about a second angle in the second bended subsection (par. 34 the curvature of the second curved portion is 90 degrees to 180 degrees), wherein the first angle and/or the second angle is between 85 degrees and 125 degrees (par. 33-34, “90 degrees to 180 degrees”) and wherein in the second end section of the tip element is shaped such that it is bended in a tilted direction about a third angle relative to a main plane including the first bended subsection and the second bended subsection (see fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the angles taught by Warrin with the specific angles taught by Lin in order to deliver the desired forces to the teeth (see par. 26 of translation). Further it is noted, it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the angles of Warrin with those of Lin since it has been held that were the general condition of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05, II, A).
With respect to claim 2, Warrin/Lin teaches the invention as substantially claimed and discussed above, including Lin teaching wherein a different between the first angle and the second angle is smaller than 15 degrees (see pars.33-34, such that they are both between 90-180 degrees).
With respect to claim 4, Warrin/Lin teaches the invention as substantially claimed and discussed above, including Lin teaches wherein the radius of the first bended subsection, wherein D1 is in the range between 1.2 and 4mm (par. 35, “the radius R1 of the first curved portion 31 is 1 to 50mm”) and thus is construed to satisfy the equation as recited. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the radius of curvature taught by Warrin to be within the claimed range taught by Lin in order to provide the tool to fit within the oral cavity (par. 39).
With respect to claim 5, Warrin/Lin teaches the invention as substantially claimed and discussed above including Warrin teaching the motion transformation section has a first length extending along the tip element and the motion transformation section forms a lateral shift having a second length, wherein the first length is longer than the second length, wherein the first length and the second length define dimensions of the motion transformation sector in different planes (see figs. 14-15, annaoted figure below).
PNG
media_image5.png
244
469
media_image5.png
Greyscale
With respect to claim 6, Warrin/Lin teaches the invention as substantially claimed and discussed above including Lin further teaches teaching a lateral offset length is between 3 and 8 mm (see pars. 37-38). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the lengths of the first and second section by Warrin to be within the claimed range taught by Lin in order to provide the tool to fit within the oral cavity (par. 39).
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Warrin (EP 0,323,598) in view of Lin (CN 204909697) as applied to claim 1 above, and further in view of Liang (CN 108420555).
Warrin/Lin teaches the invention as substantially claimed and discussed above. Warrin teaching a solid scaler tip (see figs. 11-12, pg. 6, ll. 13-14) and that the different tips can be provided with different lengths and bends (pg. 6, ll. 34-38). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the solid tip taught by Warrin to have the angles taught by the embodiment of figures 14-15 of Warrin and modified with Lin in order to use the tip as desired for root planning molars on a left side. Warrin/Lin teaches the invention as substantially claimed and discussed above, however, does not specifically teach the tip element includes a core region and a cover region, wherein the cover region surrounds the core region, such that when the motion transformation section is bent so that it extends in a direction perpendicular relative to a different section of the motion transformation section, wherein along the tip element the cover region modifies its extension in a direction perpendicular to the extension of the tip element and in the motion transformation section the cover region has a first cross-section area in a first cross section measured at a section of the motion transformation section near the first section and a second cross section area in a second cross section in the motion transformation section at the respective position of the tip measured at a section of the motion transformation section near a second section forming the dental too, wherein the first cross section area is bigger than the second cross section area and wherein a cover region has a conical, stepped and/or exponential shape along the motion transformation section.
Liang teaches a tip element for a dental treatment device being a scaler, wherein the tip element performs an ultrasonic vibration during its utilization (pars. 6, 21, 27) comprising a first end section 1 for attaching the tip element to a hand piece (par. 39) a second end section, forming a dental tool (portion of tip section 23, see annotated figure below), and a motion transformation section arranged between the first end section and the second end section (section 21/22 and a portion of 23), wherein, for transforming a ultrasonic vibration having a first vibration direction to an ultrasonic vibration direction having a second vibration direction (such that this limitation is functional, the vibration source is attached to the end and delivered to the tip, therefore, the tip functions are claimed), the motion transformation section has a first bended subsection (portion of 21 and 22 making up angle a, see figs. 2-3) and a second bended subsection (portion of 22 and 23 making up angle b, see figs. 2-3), wherein a course of the tip element is bended about a first angle (a) in the first bended subsection and about a second angle (b) in the second bended subsection, wherein the first angle and the second angle are between 85 degrees and 125 degrees (see par. 41) and wherein the second end section tapered to its point end, wherein the tip element only tapers to a front end without having a ball like front end (see figs. 2-3), wherein in the second end section of the tip element is shaped such that it is bended in a tilted direction about a third angle relative to a main plane including the first bended subsection and the second bended subsection, wherein the third angle is between -75 degree and 75 degrees (such that it is zero degrees which is included in the range).
With respect to claim 7, Liang further discloses the tip element has a core region and a cover region, wherein the cover region surrounds the core region (see fig. 4, pars. 40-43 such that 23 is the core and layers 3-5 cover it), wherein along the tip element the cover region modifies its extension measured in a direction perpendicular to the course of the tip element (see annotated figure above, such that the cover extends along the course of the tip and the portion at 21 extends perpendicular to the portion at 22, such that the direction of extension is modified, i.e. changed).
PNG
media_image3.png
373
445
media_image3.png
Greyscale
With respect to claim 8, Liang further discloses wherein in the motion transformation section, the cover has a first cross section area in a first cross section perpendicular to the course of the tip element measured at a section of the motion transformation section near the first section and a second cross section area in a second cross section perpendicular to the course of the tip element in the motion transformation section at the respective position of the course measured at a section of the motion transformation section near the second section forming the dental tool (see fig. 3, such that the entire motion transformation section tapers, so a portion near the first section has a larger cross section than a portion near the second end, i.e. near 23).
With respect to claim 9 Liang further discloses, wherein a cover region has a conical shape along the course of the tip element in the motion transformation section (see fig. 3, such that it tapers and has a conical portion along its course).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the tip taught by Warrin/Lin to include the cover on the core as taught by Liang in order to reinforce the tip or providing a polishing layer (see translation).
Response to Arguments
Applicant's arguments filed February 19, 2026 have been fully considered but they are not persuasive.
The applicant argues that the prior art of Liang does not teach the tip element comprises a titanium amount of less than 80 weight %. The applicant argues that by incorporating a controlled amount of titanium, the claimed tip element achieves a material balance that is fundamentally different from the polymer-based structure of Liang. However, as discussed above in detail, the tip of Liang is taught as having less than 80% weight titanium as claimed since it does not have any titanium. It is noted the limitation does not require the tip to have any titanium, as “less than 80% weight” includes 0%. Therefore, the prior art of Liang teaches the limitations as claimed and the applicant’s arguments are not persuasive and the rejection is maintained.
It is noted that the applicant does not argue the rejection using the primary art of Warrin, however, as discussed above, Warrin teaches the tip being made of stainless steel. Therefore, Warrin teaches the claimed limitation of the tip having less than 80% weight titanium also since it has 0%.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 HEIDI MARIE EIDE whose telephone number is (571)270-3081. The examiner can normally be reached Mon-Fri 9:00-4:00.
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.
/HEIDI M EIDE/Primary Examiner, Art Unit 3772 3/25/2026
Prosecution Insights