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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/04/2025 has been entered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 500, 200A-D.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 contains the limitation “wherein: activation of the first laser diode but not the second laser diode cures any of bonding materials, composite cements, composite restorations, endodontic composite cores, prosthetic reline and/or repair material, sealants, splint material, veneers, and crowns via tack curing.” It is unclear whether this is intended to be a positively recited limitation to a method step or to an intended use functional limitation on the laser diodes that are provided in the first step of claim 1 (i.e. a capability of the first laser diode). For the purposes of examination, this was interpreted as an intended use (functional) limitation, therefore requiring that the laser diodes provided in claim 1 are capable of being used in such a way.
Claim 5 contains the limitations “wherein: in vivo dental composite heating is achieved when the second laser diode is operated a 0.4 to 2.0 Watts for 5 to 30 seconds with a wavelength of 800 to 1200 nanometers; and, photopolymerization of composites is achieved under control of the digital controller whereby the second laser diode is automatically deactivated and the first laser diode is automatically operated at 0.2 to 0.4 Watts for 1 to 10 seconds using a 10 to 30 Hz pulsed emission.” It is unclear whether these limitations are meant to be a positively recited limitation to a required step in the method or if these limitations are to an intended functional use limitation on the laser diodes that are provided in the first step of claim 1. For the purposes of examination, this was interpreted as an intended use (functional) limitation, therefore requiring that the laser diodes provided in claim 1 are capable of being used in such a way.
Claims 6-10 are rejected due to their dependency on claim 5.
Furthermore, Claim 9 recites the limitation “ a composite is alternatively cured through a structure of tooth enamel”. It is unclear what “alternatively” means here. For the purposes of examination, Claim 9 was interpreted as requiring that the laser diodes provided in the first step of claim 1 are capable of performing such an being an intended functional use of “wherein a composite is capable of being cured through the structure of tooth enamel.”
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2007/0031777) in view of Periolase® MVP-7™ (http://www.lanap.com/periolase.php, captured on web.archive.org on February 22, 2012), RDH’s guide to lasers (https://www.rdhmag.com/home/article/16408414/rdhs-guide-to-lasers, published June 1, 2005), Hoang (US 5,689,520), Muncheryan (US 4,979,180), Harris et al. (EP 2156809), Weiss (“What is an SMA Connector and Why Do We Care?” blog article at https://focenter.com/blog/what-is-an-sma-connector-and-why-do-we-care, published July 7, 2016), Rivera et al. (US 2012/0065712), Zecha et al. (Zecha JAEM, Raber-Durlacher JE, Nair RG, et al. Low level laser therapy/photobiomodulation in the management of side effects of chemoradiation therapy in head and neck cancer: part 1: mechanisms of action, dosimetric, and safety considerations. Support Care Cancer. 2016 June; 24(6): 2781–2792. doi:10.1007/s00520-016-3152-z. Author manuscript from PMC provided with office action), Alshamiri et al. (Alshamiri A, Franzen R, Gutknecht N. Temperature elevation during root canal treatment with a 445-nm diode laser – an in vitro study. Lasers in Dental Science. 2:89-94. 2018.), Akbulut et al. (Akbulut N, Kursun ES, Tumer MK, Kamburoglu K, Gulsen U. Is the 810-nm diode laser the best choice in oral soft tissue therapy? Eur J Dent. 7(2):207-211. 2013.), and Boutoussov et al. (WO 2007079433).
Regarding Claim 1, Wang discloses a diode lasing method for dental oral surgery (paragraphs [0008] to paragraph [0011]) comprising the steps of:
providing only three laser diodes (examples with 2-6 laser diodes and/or LEDs are provided; paragraph [0027] states that combinations can be used depending on needs, therefore it would be obvious to only use 3 laser diodes if that is all that is needed for planned procedures), a first of the three laser diodes is a blue laser with a wavelength 400 to 510 nanometers (paragraph [0024] provides for LEDs in in 400-500 nm range and paragraph [0027]: "The blue LEDs used for curing of dental resin can be replaced by blue lasers."), a second of the three laser diodes is an infrared laser with a wavelength of 800-1200 nanometers (paragraph [0022]: "The 980 nm laser diode 201, whose wavelength matches with the absorption band of water, is mainly used for incision, excision, ablation and vaporization of oral tissue."), and a third of the three laser diodes is a red laser with a wavelength of 600-750 nanometers (paragraph [0022]: "the laser diode 203 has a visible emission wavelength which is used for aiming and illumination purposes. […] For example, the visible laser may be a 650 nm laser used for photo dynamic therapy.");
installing the laser diodes in a laser diode module (housing 103, 215, 411);
installing the laser diode module (housing 103, 215, 411) with a digital controller (driver/control circuit board 104, 207, 409);
controlling the laser diodes via the digital controller (driver/control circuit board 104, 207, 409);
combining up to three light beams from the three laser diodes in an optical stage (beam combiner 208 in the manners shown in Figures 3(b)-(d)).
transporting a reflection of the single beam in a single optical fiber (paragraph [0021] states that light guides may be optical fibers);
and performing laser surgery when a user aims the single beam from the distal end of the optical fiber at tissue using visible red light included in the single beam (paragraph [0003] describes types of procedures that can be done with photo treatment devices and paragraph [0022] states that the light in the visible emissions spectrum may be used for aiming).
Wang does not disclose the details of the laser console, the parameters used for the laser diodes for dental procedures, or using the system to perform nonthermal photobiomodulation. Wang does teach photo therapy via lasers being widely deployed for a variety of applications (paragraph [0003]).
However, in the same field of endeavor of dental lasing procedures (Periolase: first paragraph), Periolase teaches installing the laser diode module and digital controller along with a power meter (listed in “Stats on the Periolase® MVP-7™ True Pulse”) in a laser console (screen shot of laser console with annotations below) having a display (touch screen) and user input interface (touch screen). Periolase also teaches the system including an energy counter which counts energy in Joules (“Energy Counter (Joules) listed in “Stats on the Periolase® MVP-7™ True Pulse”), but the provided references do not provide further detail on the energy counter.
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While the Periolase® MVP-7™ information in the provided archived website does not specify the optical fiber core diameter for transporting the beam, RDH’s guide to lasers specifies that the Periolase MVP-7 has a fiber diameter of 360 µm (page 14 of provided copy of web article).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the laser diodes and method of Wang with the laser console system as taught by Periolase. This combination puts the details of the laser diode module and method of Wang into the broader laser console system for use. This is a combination of known elements (laser diodes and laser console) according to known methods to yield predictable results, in this case a laser console system with multiple laser diodes combined into a single beam for use in dental procedures.
The combination of Wang and Periolase do not teach the user interface displaying the sum of energy delivered, the cooling system, the numerical aperture and detectors of the optical fiber, the parameters used for the laser diodes for dental procedures, or the step of using the system for nonthermal photobiomodulation.
Hoang, in the same field of endeavor of surgical lasers (title), teaches wherein a user interface displays a sum of energy delivered in joules (col 6 lines 38-46), said sum of energy delivered beginning at zero and accumulating a specified time period (col 6 lines 38-46 describes the interface as displaying the total energy delivered in real time, in order to do so it would have had to start at 0 at the beginning of the accumulation period), wherein said user interface records the beginning time period from which the joules of light emission energy are recorded (col 6 lines 38-46 describes the interface as displaying the total energy delivered in real time but also that a variety of interfaces are known to one skilled in the art, so an interface that records the start time for the accumulation of energy would be obvious since the energy sum is described as being in real time).
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 dental lasing method and system taught by Wang and Periolase to include the user interface displaying the sum of energy delivered starting at zero and accumulating a specified time as taught by Hoang. This is a simple substitution of the more detailed energy counter taught by Hoang for the disclosed but not detailed energy counter taught by Periolase, with the expected result that the user interface will display the sum of energy delivered over time; such a time could be the total life of the lasers, a procedure, or a single activation with the foot pedal.
Muncheryan, in the same field of endeavor of laser systems that can be used for dental treatments (abstract), teaches cooling a laser module with a Peltier cell thermoelectric cooler (col 2 lines 51-58) and the Peltier cell between the laser diode module (col 2 lines 51-58) and a heat sink for dissipating the heat lost from the laser module (col 3 lines 8-11). Muncheryan teaches the use of a Peltier cell because it is tiny in size and only requires a small amount of current to operate compared to water or air cooling methods (col 2 lines 51-58). Muncheryan also includes a heat sink in the system as needed, so it would be obvious to add a heat sink next to the Peltier cell if the heat did not dissipate from the system without it (col 3 lines 8-11). Muncheryan also teaches that laser systems commonly need cooling systems since heat reduces the laser emission efficiency (col 2 lines 3-7).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the dental lasing methods and system as taught by Wang and Periolase to also include the Peltier cooling system as taught by Muncheryan. One would be motivated to utilize a cooling system to increase efficiency and the Peltier cooling system particularly because of its small size and low energy consumption.
Wang, Periolase, RDH’s guide to lasers, Hoang, and Muncheryan do not teach any specific numerical aperture (NA) value. The parameters of the optical fiber would be optimized to match the needs of the system and procedures. Harris, in the same field of endeavor of laser methods for dental applications (abstract), teaches a 300 µm optical fiber with a numerical aperture of 0.22 (col 7 lines 15-17), therefore such a value for NA is known in the art as being useful for dentistry applications and could be determined without undue experimentation.
Wang, Periolase, Hoang, Muncheryan, and Harris do not teach specific connectors or detectors for use with the optical fibers. However, SMA connectors and detectors are common in laser deliver for medical applications (Weiss: bottom of page 1 of provided document and list of advantages of SMA connectors), 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 used SMA connectors and detectors to check for proper optical interface(s).
Wang, Periolase, Hoang, Muncheryan, Harris, and Weiss do not teach calibrating the laser or using the laser for nonthermal photobiomodulation. Periolase does teach a build-in and externally-accessible power meter, but the provided reference does not teach further details on how the power meter is utilized.
Rivera, in the same field of endeavor of therapeutic lasers (abstract; paragraph [0012]), teaches a digital controller (paragraph [0018]) interoperating (Figure 3) with the internal reference (block 142; paragraph [0021]) and power meter to automatically calibrate (autocalibration method 130; paragraphs [0018-0023]) the measured laser power output (block 140 - measure) requested by the user to match the internal power reference (block 136 – input power; block 142 – compare) when light from a distal end of the single optical fiber (fiber optics connector 104 runs to treatment head 106) impinges on the power meter (paragraph [0017] describes the power meter 160 as being located in the system such that when the treatment head is in cradle 122 it is in optical communication with the power meter). Rivera teaches the autocalibration of the laser through an internal reference and a power meter in order to ensure the usage of the user selected power level for treatment of living tissue (paragraph [0023]).
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 method as taught by Wang, Periolase, Hoang, Muncheryan, Harris, and Weiss to also include calibrating to the internal reference based on the user input as taught by Rivera in order to maintain the output of the laser at the desired predetermined level when treating tissue.
Zecha, in the same field of using lasers for oral applications (abstract), teaches performing a nonthermal photobiomodulation (last sentence of last paragraph of introduction teaches that low level laser therapy (LLLT) or photobiomodulation (PBM) is nonthermal), wherein said nonthermal photobiomodulation promotes wound healing and tissue regeneration (last paragraph of introduction through to top of page 4 of provided manuscript teaches that PBM is known to promote wound healing and tissue regeneration). Zecha teaches that LLLT or PBM can be used to stimulate regeneration, reduce inflammation, and control pain (last paragraph of introduction). All of these are desired when performing surgery, which intentionally damages some tissue in order to remove or treat damaged tissues and may unintentionally damage adjacent tissue.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a step of performing photobiomodulation as taught by Zecha to the method as taught by Wang, Periolase, Hoang, Muncheryan, Harris, and Weiss in order to promote healing of any mucosa damaged, intentionally or unintentionally, during the laser surgery. Wang teaches photo therapy being widely deployed in dentistry (paragraph [0003]), therefore it would be obvious to add photobiomodulation for its known benefits of wound healing.
Regarding the laser diode operating parameters:
Alshamiri, in the same field of endeavor of laser methods for dental application (abstract), teaches the first laser diode with wavelength 400-510 nm (Laser system subsection of Material and Methods section describes a 445 nm blue light laser diode) operating at 10-20 Hz with a pulse width of 20-100 ms and a power of up to 5 watts (Group III in laser system subsection of Material and Methods section: 1.2 W, 10 Hz, 50 ms pulse duration).
Akbulut, in the related field of endeavor of laser methods for oral application (abstract), teaches the second laser diode with wavelength 800-1200 nm (Materials and Methods section fourth paragraph) operating at 10-50 Hz with a pulse width of 20-100 ms and a power of up to 25 W (Materials and Methods section fourth paragraph: frequency 0.3-100 Hz, pulse 10-1000 ms, power output range 0.5-30 W).
Boutoussov, in the same field of endeavor of laser methods for dental application (abstract), teaches the third laser diode with wavelength of 600-750 nm (aiming beam with wavelength of about 655 nm; page 8 bottom paragraph) operating continuously with a power of up to 1000 mW (average power of about 1 mW in continuous-wave model page 8 bottom paragraph).
Laser parameters must be optimized for a given application. Parameters such as those claimed in the instant application are known in dental methods, as evidenced above. Therefore one of ordinary skill in the art could determine and utilize the claimed parameters for a given application through routine experimentation before the effective filing date of the claimed invention.
To summarize, Wang teaches providing 3 laser diodes in a laser diode module, controlling the laser diodes with an installed digital controller, combining up to the 3 light beams into a single beam using an optical stage, transporting the single beam in an optical fiber, and performing dental laser surgery.
Wang is silent as to further details of the laser console and specific parameters for dental procedures.
Periolase MVP-7 is a publicly available dental laser system that teaches a laser console with a laser module and associated digital controller installed along with a power meter and display/user interface. Periolase also utilizes an optical fiber with a core diameter of 360 µm (as evidenced by RDH’s guide to lasers).
Therefore it would be obvious to install the laser diode module, optical stage, and digital controller of Wang into the laser console of Periolase in order for it to be easily utilized in a dental facility.
Additional details laser consoles and their use are known and are obvious to combine by known methods, such as the cooling system (Muncheryan), the numerical aperture of the optical fiber (Harris), checking the optical interfaces with SMA detectors (Weiss), calibrating the measured laser power output to the set (or internal reference) power output (Rivera), and displaying the sum of energy delivered on the user interface (Hoang).
The 3 laser diodes recited are known in methods for laser dental procedures, including nonthermal photobiomodulation (Zecha), and their exact parameters would be determined through routine experimentation based on specific applications. Alshamiri, Akbulut, and Boutoussov teach that the specific parameters recited are known and could be optimized by one of ordinary skill in the art for specific applications or procedures.
Regarding Claim 2, Hoang further teaches the step of displaying energy delivered at a handpiece during a selected time period (col 6 lines 38-54). Periolase teaches the energy is delivered intermittently in response operation of a foot switch (foot switches for operating dental machines are common and seen on the annotated figure of the Periolase system above). Therefore the combination of the total energy summation taught by Hoang with the foot switch to control the delivery of the energy taught by Periolase teaches the limitation.
Regarding Claim 3, Periolase teaches the presences of the power meter (listed in “Stats on the Periolase® MVP-7™ True Pulse”), and Rivera teaches using a power meter to determine if the laser power delivered to the tip matches the setting (block 142 – compare). Therefore it would be obvious to utilize the power meter to determine if laser power delivered at the handpiece equals a displayed power.
Regarding Claim 4, Wang further teaches wherein activation of the first laser diode (first laser diode is the blue laser diode - this is used for curing resins; paragraph [0024]) but not the second laser diode (second laser diode is the infrared laser diode - this is used for surgery on soft oral tissue and therefore is not needed for curing resins; paragraph [0021]) cures any of bonding materials, composite cements, composite restorations, endodontic composite cores, prosthetic reline and/or repair material, sealants, splint material, veneers, and crowns via tack curing (paragraph [0026]: "The intensity and on/off status of each laser and LED unit can be controlled by the driver/control circuit board through a common front panel to adapt for different application requirements."). Wang states the blue laser would be included for curing resins while the infrared laser would in included for operations on the tissues, therefore it would be obvious to not activate the second laser diode when it is not needed.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, Periolase, RDH’s guide to lasers, Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov as applied to claim 1 above, and in further view of Zipper (US 2011/0004203).
Regarding Claim 11, Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov teach the diode lasing method of claim 1.
Zipper, in the related field of endeavor of laser methods for medical applications (abstract), teaches the digital controller providing timed warnings of a) over-polymerization of a composite and b) over-energizing a tissue (paragraph [0045] teaches that the laser can be timed out or deactivated when it reaches a predetermined maximum energy application or total energy delivered level, which such parameters being preset in the machine or set by the user, therefore it would be obvious to set the maximum predetermined vales to be where the composite would be over polymerized and the tissue would be over energized and to make a warning issue as that energy is approached; Claims 15, 17, 18).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the dental lasing method taught by Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov with digital controller providing warnings (in the form of turning off the laser which then the user can reactivate) as taught by Zipper in order to prevent the unintentional delivery of too much energy to the surgical site.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, Periolase, RDH’s guide to lasers, Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov as applied to claim 1 above, and in further view of Stuffken et al. (Stuffken M, Vahidi F. Preimpression troughing with the diode laser: a preliminary study. Journal of Prosthetic Dentistry. 115(4):441-446. 2016.) and Braun et al. (Braun A, Kettner M, Berthold M, Wenzler J-S, Heyman PGB, Frankenberger R. Efficiency of soft tissue incision with a novel 445-nm semiconductor laser. Lasers Med Sci. 33: 27-33. 2018).
Regarding Claim 12, Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov teach the diode lasing method of claim 1.
Stuffken, in the same field of endeavor of dental lasing methods (abstract), teaches during a tissue retraction and impression procedure, operating the second laser diode at 0.4-1W (page 443: 810 nm laser diode used, description states user would want to use lowest power possible for procedure and recommends starting at 0.7W; exact power and pulse parameters would be determined by user through routine optimization), moving a handpiece or distal end of the fiber with a circular motion on buccal, labial, and lingual surfaces (page 443, top of right column: moving the handpiece is described, the exact movement of the handpiece would be determined by user through routine optimization), and optimizing tissue interaction by lightly tapping the handpiece or distal end of the fiber on a sheet pf articulating paper prior to placing the handpiece or distal end of the fiber in contact with the tissue (page 443, top of right column: describes initiating the fiber tip on articulating paper).
Stuffken does not describe using the first (blue) laser diode for this procedure.
However, Braun, in the same field of endeavor of dental lasing methods, teaches that 445 nm lasers (which corresponds to the wavelength of the first laser diode) have benefits for oral surgery applications, including rapid coagulation and lower penetration depth into soft tissue (page 28 first column).
Therefore it would have been obvious to one of ordinary skill in the art to combine the dental lasing method taught by Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov with the parameters for gingival retraction as taught by Stuffken and the addition of the first (blue) laser as taught by Braun in order to decrease bleeding and damage to tissue.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, Periolase, RDH’s guide to lasers, Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov as applied to claim 4 above, and in further view of Baroudi et al. (Baroudi K, Mahmoud S. Improving Composite Resin Performance Through Decreasing its Viscosity by Different Methods. Open Dent J. 9:235-42. 2015 Jun 26.).
Regarding Claim 5, Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, and Boutoussov teach the diode lasing method of claim 4.
Baroudi, in the related field of endeavor of composite materials for dental procedures (Abstract), teaches that heating composites prior to photopolymerization reduced viscosity which has benefits such as reducing shrinkage and therefore reducing stresses on the adhesion between the tooth and the restoration as well as increasing flow of the material and therefore filling complicated forms more effectively (Introduction).
Therefore one of ordinary skill in the art before the filing date of the claimed invention would be motivated to heat the composite prior to photopolymerizing it, and if the composite was known to heat when treated with infrared light or lasers (if the composite was known to absorb wavelengths in the infrared spectrum and therefore lead to a temperature increase), they would be motivated to use the infrared laser to do so with parameters determined through routine experimentation. The method taught in prior claims as described above would be capable of achieving this.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, Periolase, RDH’s guide to lasers, Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, Boutoussov, and Baroudi as applied to claim 5 above, and in further view Pereira et al. (Pereira R, Giorgi MCC, Lins RBE, Theobaldo JD, Lima DANL, Marchi GM, Aguiar FHB. Physical and photoelastic properties of bulk-fill and conventional composites. Clin Cosmet Investig Dent. 10:287-296. 2018.).
Regarding Claim 6, Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, Boutoussov, and Baroudi teach the diode lasing method of claim 5.
Pereira, in the related field of endeavor of composite materials in dental procedures (abstract) teaches wherein composites are cured through a polyester band (Materials and Methods).
Therefore one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to use the dental lasing system to cure through a polyester band as taught by Pereira. Curing through the matrix band may be done by a dentist when a band is needed during cavity filling, such as when a cavity is located on a surface adjacent to another tooth. One would be motivated to make this combination as the dental lasing system of claim 5 is capable of curing the composite through a polyester band and curing a composite through a band is a known practice.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Periolase, RDH’s guide to lasers, Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, Boutoussov, and Baroudi as applied to claim 5 above, and in further view of Hornbrook (Hornbrook D. Tack and Wave technique: predictable veneer cementation. Published Feb. 8, 2012. https://www.perioimplantadvisory.com/restorative-dentistry/article/16412183/tack-and-wave-technique-predictable-veneer-cementation).
Regarding Claim 7, Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, Boutoussov, and Baroudi teach the diode lasing method of claim 5.
Hornbook, in the related field of endeavor of dental methods involving photopolymerizable materials (subheading), teaches providing a ceramic restoration including a composite between a tooth and a ceramic restoration veneer wherein a composite is cured from one side of the ceramic restoration veneer through a tooth structure until the composite shrinks toward the tooth (Figure 6, Step 7).
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 used the dental lasing method as taught in claim 5 above to adhere a ceramic restoration to the tooth as taught by Hornbrook. Baroudi teaches that dental composites shrink as they cure (Baroudi: Introduction), therefore the curing of the composite used to attach the veneer would cause the composite to shrink toward the tooth, since the tooth would be prepared to ensure the composite attached strongly (Hornbrook: Steps 3-5). One would be motivated to make this modification as it is a known dental lasing system applied to a known method of use for light-curing systems.
Regarding Claim 8, Hornbrook also teaches wherein: one or both of a veneer restoration and a crown restoration during initial photopolymerization are tack-cured in one or two areas (Step 7 and Step 8), the restoration(s) anchored in place and interproximally uncured composite removed (Figure 10, Step 9) prior to final photopolymerization (Figure 13, Step 11).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Periolase, RDH’s guide to lasers, Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, Boutoussov, and Baroudi as applied to claim 5 above, and in further view of Mazhari et al. (Mazhari F, Ajami B, Moazzami SM, Baghaee B, Hafez B. Microhardness of composite resin cured through different primary tooth thicknesses with different light intensities and curing times: In vitro study. Eur J Dent. 10(2): 203-209. 2016.).
Regarding Claim 9, Wang, Periolase (with RDH), Hoang, Muncheryan, Harris, Weiss, Rivera, Zecha, Alshamiri, Akbulut, Boutoussov, and Baroudi teach the diode lasing method of claim 5.
Mazhari, in the related field of endeavor of composite materials in dental procedures (Abstract), teaches a composite is cured through a structure of tooth enamel from an outside of a tooth cavity preparation into the tooth cavity preparation (Introduction, second paragraph: states that composites are cured through tooth structures in many clinical cases.)
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 used the dental lasing method as taught in claim 5 above to cure a composite cavity filling through the tooth structure as taught by Mazhari. One would be motivated to make this combination as the dental lasing system of claim 5 is capable of curing the composite through the tooth and curing a composite through a tooth is a known practice.
Regarding Claim 10, the method of claim 9 is fully capable of being used to cut soft tissue and cure composites simultaneously. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do both if needed, such as to reduce procedure time.
Response to Arguments
Applicant’s argument with respect to the claim limitations directed at the dose meter are moot because the new grounds of rejection, necessitated by the amendment to claim 1, now relies on Hoang to teach the user interface displaying the sum of energy.
Applicant’s argument with respect to Cohen not teaching nonthermal photobiomodulation are moot because the new grounds of rejection no longer relies on Cohen, rather relies on Zecha, which specifies a nonthermal photobiomodulation.
Applicant’s argument with respect to Belikov not teaching the calibration are moot because the new grounds of rejection no longer relies on Belikov, rather relies on Rivera.
Applicant’s argument that Wang, Cohen, Periolase, and Muncheryan do not teach the numerical aperture is correct. However, Harris is relied upon to teach the numerical aperture and no argument is made against that teaching or modification.
Applicant’s assertion that Alshamiri and Akbulut do not teach the claimed parameters is not supported by any arguments or evidence specifically pointing out how the language of the claims patentably distinguishes them from the references. The values for laser operation for dental surgery taught by Alshamiri and Akbulut overlap the claimed ranges, therefore the method of using such laser parameters to perform dental laser surgery is known. This argument is not persuasive.
Conclusion
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/JENNIFER P CONNELL/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799