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 Objections
Claim 23 objected to because of the following informalities:
Claim 23, line 11 change “said at least one channel” to “said at least one additional channel”.
Claim 23, lines 12-13 change “said at least one channel” to “said at least one additional channel”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1, 3, 6-11 and 21-24 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Brassil et al (US 6,186,783).
Regarding claim 1, Brassil discloses a dental device (evacuation handpiece 10) configured to be coupled to a vacuum (col 1, lines 33-35 discloses the connection of the handpieces to a vacuum pump) comprising:
at least one channel (channel 14) coupled to the vacuum and in fluid communication with the vacuum (see figure 3 and col 3, lines 34-40 disclose the central passage having a connection end and defines a flow path);
at least one additional channel (suction opening 36);
at least one hood (mask 40) coupled to said at least one channel (see figure 3) , and covering said at least one channel wherein said at least one hood is in fluid communication with said at least one channel (see figure 3 and col 4, lines 27-33 disclose the mask 40 attachment at the suction end 22 of the handpiece 10 overlying the end suction end of the central passage);
at least one universal joint coupled to said at least one hood (col 4, lines 37-63 discloses a “ball and socket type connection” between the tip portion 19 and the mask 40 allowing for directional adjustments),
at least one clip (tip portion 34 of intra-oral tube 30) adjacent said at least one channel (see figure 3), and coupled to said at least one universal joint (see figure 3, where the tip portion 34 intra-oral tube 30 is connected to the tip 19 portion of the ball and socket type connection by being positioned with the center orifice 26), wherein said at least one additional channel (36) extends at least partially within said clip (see figure 3), and wherein said at least one additional channel is in fluid communication with the vacuum and said at least one hood (see figure 3 and the flow arrows 50 and 52) wherein the vacuum is configured to create a negative pressure inside of said at least one hood, said at least one channel and said at least one additional channel (see figure 3), and wherein said at least one clip is configured to couple to a user’s mouth wherein said at least one hood is positioned adjacent to a user’s mouth such that said at least one clip and said at least one channel are configured to support said at least one hood above a user’s cheek (in view of col 5, lines 17-24 discloses the positioning of the mask adjacent the corner of the mouth which is above the cheek during a dental procedure this would result in a coupling of the intra oral tube 30 within the mouth of a user).
Regarding claim 3, Brassil discloses said at least one additional channel (36) is smaller in diameter than said at least one channel (14).
Regarding claim 6, Brassil discloses said at least one hood is semi spherical (see figures 1-4).
Regarding claim 7, Brassil discloses said at least one universal joint comprises at least one ball coupled to said at least one hood (outer surface of tip 19 provides a ball which connects to the hood 40, see figure 3), and at least one socket coupled to said at least one clip (the mask having an attachment portion 42 which provides a socket and connects to the intra oral tube 30 via the tip 19).
Regarding claim 8, Brassil discloses said additional channel (36) is disposed in said clip (30, see figure 3).
Regarding claim 9, Brassil discloses said clip (34/30) further comprises at least one hole for receiving fluid therein (entrance of 36).
Regarding claim 10, Brassil discloses said at least one clip is rotatable (col 5, lines 38-40 discloses the mask and body member which is attached to the intraoral tube 34/30 are rotatable).
Regarding claim 11, Brassil discloses said at least one clip is configured to extend into a user's mouth (“intra oral” tube 30, see col 4, lines 4-5).
Regarding claim 21, Brassil discloses a dental device (10) configured to be coupled to a vacuum (col 1, lines 33-35 discloses the connection of the handpieces to a vacuum pump) comprising:
at least one channel (14) coupled to the vacuum and in fluid communication with the vacuum (see figure 3 and col 3, lines 34-40 disclose the central passage having a connection end and defines a flow path);
at least one hood (mask 40) forming an enclosure (see figure 3) and coupled to said at least one channel (see figure 3), and
covering said at least one channel wherein said at least one hood is in fluid communication with said at least one channel (see figure 3 and col 4, lines 27-33 disclose the mask 40 attachment at the suction end 22 of the handpiece 10 overlying the end suction end of the central passage);
at least one universal joint coupled to said at least one hood (col 4, lines 37-63 discloses a “ball and socket type connection” between the tip portion 19 and the mask 40 allowing for directional adjustments) and extending inside of said at least one hood (wherein the ball portion of the universal joint extends inside the socket portion of the hood);
at least one clip (34/30) positioned adjacent to said at least one channel (14, see figure 3), and extending inside of said at least one hood (see figure 3), and coupled to said at least one universal joint (see figure 3, where the intra-oral tube 30 is connected to the tip 19 portion of the ball and socket type connection by being positioned with the center orifice 26), wherein the vacuum is configured to create a negative pressure inside of said at least one hood (see figure 3 and the flow arrows 50 and 52), said at least one channel and wherein said at least one clip is configured to couple to a user's mouth, wherein said at least one hood is positioned adjacent to a user's mouth such that said at least one clip and said at least one channel are configured to support said at least one hood above a user's cheek (in view of col 5, lines 17-24 discloses the positioning of the mask adjacent the corner of the mouth which is above the cheek during a dental procedure this would result in a coupling of the intra oral tube 30 within the mouth of a user).
Regarding claim 22, Brassil discloses at least one additional channel (defined by suction opening 36), wherein said at least one additional channel extends at least partially within said clip (see figure 3), and wherein said at least one additional channel is in fluid communication with the vacuum and said at least one hood (see figure 3).
Regarding claim 23, Brassil discloses a dental device (10) configured to be coupled to a vacuum (col 1, lines 33-35 discloses the connection of the handpieces to a vacuum pump) comprising:
at least one channel (14) coupled to the vacuum and in fluid communication with the vacuum (see figure 3 and col 3, lines 34-40 disclose the central passage having a connection end and defines a flow path);
at least one hood (40) forming an enclosure and coupled to said at least one channel (see figure 3), and covering said at least one channel (see figure 3) wherein said at least one hood is in fluid communication with said at least one channel (see flow 50 and 52 in figure 3);
at least one additional channel (defined by suction opening 36);
at least one universal joint coupled to said at least one hood d (col 4, lines 37-63 discloses a “ball and socket type connection” between the tip portion 19 and the mask 40 allowing for directional adjustments);
at least one clip (intra-oral tube 30) coupled to said at least one universal joint (see figure 3, where intra-oral tube 30 is connected to the tip 19 portion of the ball and socket type connection by being positioned with the center orifice 26), wherein said at least one additional channel (36) is disposed in said at least one clip (see figure 3), and wherein said at least one clip has a first open end (tip portion 34, see figure 3) forming a first end to said at least one additional channel (see figure 3), and
wherein said at least one clip has a second open end (base portion 32) forming a second end to said at least one additional channel wherein said second open end is not directly connected to said hood (see figure 3), and wherein said at least one additional channel is in fluid communication with said at least one channel (see figure 3);
wherein the vacuum is configured to create a negative pressure inside of said at least one hood, said at least one channel and said at least one additional channel (in view of col 5, lines 17-24 discloses the positioning of the mask adjacent the corner of the mouth which is above the cheek during a dental procedure this would result in a coupling of the intra oral tube 30 within the mouth of a user).
Regarding claim 24, Brassil discloses said at least one additional channel is disposed at least partially within said at least one hood (see figure 3, where the clip having the additional channel is positioned within the mask and is therefore disposed at least partially within.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Brassil as applied to claim 1 above, and further in view of Fletcher (US 3,029,513).
Regarding claim 5, Brassil fails to discloses said at least one clip comprises at least two parts comprising a first part and a second part, wherein said second part is disposed at least partially inside of said first part of said clip and wherein said second part is slidable inside of said first part forming a telescoping clip that is adjustable in length.
Fletcher teaches a clip (see figures 1-6) comprising at least two parts comprising a first part (larger tubular section 28) and a second part (inner tubular section 30), wherein the second part is disposed at least partially inside of said first part of said clip (see figure 2) and wherein said second part is slidable inside of said first part forming a telescoping clip that is adjustable in length (see col 2, lines 19-25 discloses a telescopic extension 27 between the larger and inner tubular sections 28/30 wherein they can extend slidably inward through the bore 23) for the purpose of providing adjustability to fit the diverse shape and size of an oral cavity (col 1m lines 22-25).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Brassil to have said at least one clip comprises at least two parts comprising a first part and a second part, wherein said second part is disposed at least partially inside of said first part of said clip and wherein said second part is slidable inside of said first part forming a telescoping clip that is adjustable in length as taught by Fletcher for the purpose of providing adjustability to fit the diverse shape and size of an oral cavity.
Regarding claim 12, Brassil fails to disclose said at least one clip is a telescoping clip having at least two shafts, comprising at least one inner shaft and at least one outer shaft, wherein said at least one inner shaft is slidable inside of said at least one outer shaft.
Fletcher teaches a clip (see figures 1-6) is a telescoping clip (via the telescopic extension 27) having at least two shafts, comprising at least one inner shaft (inner tubular section 30) and at least one outer shaft (larger tubular section 28), wherein said at least one inner shaft is slidable inside of said at least one outer shaft (see col 2, lines 19-25 discloses a telescopic extension 27 between the larger and inner tubular sections 28/30 wherein they can extend slidably inward through the bore 23) for the purpose of providing adjustability to fit the diverse shape and size of an oral cavity while applying suction (col 1m lines 22-25).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Brassil to have said at least one clip is a telescoping clip having at least two shafts, comprising at least one inner shaft and at least one outer shaft, wherein said at least one inner shaft is slidable inside of said at least one outer shaft as taught by Fletcher for the purpose of providing adjustability to fit the diverse shape and size of an oral cavity while applying suction (col 1m lines 22-25).
Regarding claim 13, Fletcher further teaches aid at least one inner shaft and said at least one outer shaft are each hollow cylinders (see figure 2), for the reasons set forth above.
Regarding claim 14, Fletcher further teaches said at least one clip has a plurality of holes ( 30 and 37, see figures 5-6) disposed in an end region of said at least one clip (see figure 2 and 6), for the reasons set forth above.
Regarding claim 15, Fletcher further teaches said holes of said at least one clip comprises a plurality of holes with at least one hole on a first face of said clip and at least one hole on a second face of said at least one clip (see figures 2 and 6, wherein the tip has ports along multiple surfaces) for the purpose of preventing oral tissue from being clogged or closed on by the tissue (col 3, lines 1-4).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Brassil to have said holes of said at least one clip comprises a plurality of holes with at least one hole on a first face of said clip and at least one hole on a second face of said at least one clip as taught by Fletcher for the purpose of preventing oral tissue from being clogged or closed on by the tissue.
Regarding claim 16, Brassil discloses the claimed invention as set forth above in claim 1, Brassil further discloses said clip (30) is coupled to said at least one hood (see figure 3) and at least one intermediate shaft (tip 19) extending to said clip (see figure 3), but fails to disclose the intermediate shaft extends perpendicular to the clip.
Fletcher teaches a clip (15) which extends perpendicular to an intermediate shaft (30/28) for the purpose of positioning the clip while preventing oral tissue from being clogged or closed on by the tissue (col 3, lines 1-4).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Brassil to have the intermediate shaft extends perpendicular to the clip as taught by Fletcher for the purpose of positioning the clip while preventing oral tissue from being clogged or closed on by the tissue.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brassil as applied to claim 1 above, and further in view of Sitz et al (US 2008/0265565).
Regarding claim 17-18, Brassil discloses said channel (14) comprises at least two channels comprising at least a first channel and a second channel (the first channel being positioned within body member16 and the second channel positioned within tip portion 19), but fails to disclose the first and second channel are coupled together with at least one coupling and said at least one coupling is a rotatable coupling wherein said first channel and said second channel are rotatable vs each other.
However, Sitz teaches a first and second channel (defined by tubes 126 and 130) coupled together by at least one coupling said at least one coupling (suction coupling 21) is a rotatable coupling (par 22 discloses the coupling is rotatable) wherein a first channel (suction tubing 26) and a second channel (suction tubing 30) are rotatable versus each other (par 22) for the purpose of enabling additional degrees of freedom to move and more maneuverability (par 24).
Therefore, it would be obvious to one ordinary skill in the art, before the effective filing date of the claimed invention, to modify Brassil to have the first and second channel are coupled together with at least one coupling and said at least one coupling is a rotatable coupling wherein said first channel and said second channel are rotatable vs each other as set forth by Sitz for the purpose of adding additional degrees of freedom to move and be more maneuverability.
Regarding claim 19, Sitz further teaches the first channel (26) and a second channel (30) intersect each other at angle offset from a straight line (figure 1), for the reasons set forth above.
Regarding claim 20, Sitz further teaches said at least one coupling (21) comprises at least one protrusion (male flange 48) coupled to said first channel (26) and at least one indent (female receptacle 78) coupled to said second channel (30) wherein said at least one protrusion is slidable inside of said indent on said second channel (par 30) for the reasons set forth above.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on the same references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
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/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772 3/19/2026