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 .
Election/Restrictions
It should be noted that applicant claims “the device being adapted for placement on one of the tooth and head of the patient” in lines 15-16 where applicant now claims the device being placed on both the tooth and head. However, applicant has elected on 6/24/2024 of the election of the species relating solely to the device being adapted to the tooth AND NOT the head of the patient. As such, the species elected will be examined.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “microbial” in line 28 wherein it should be revised to be “antimicrobial” as it is found to be a typo.
Appropriate correction is required.
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) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masri (US 20170197070 A1) in view of Nonomura (JP H1199129 A, see translated version), Khakpour (US 20150147718 A1), and Nogues (WO 2018002043 A2, see translated version).
Re. Claim 15, Masri discloses a method for causing movement of magnetically-driven nanobots comprising an integrated magnetic material into dentinal tubules of a tooth of a patient (Par. 14, and 22; Abstract). Masri further discloses applying magnets to the tooth (Fig. 6-7, 9-13 shows the application of magnets) to provide a pattern magnetic field which would deliver magnetically-driven nanobots from the pulp region into the dentinal tubules (Par. 14 discloses that the nanobots can go from the tubules to the pulp and as such can also be delivered from the pulp into the tubules). The magnets can be arranged differently as shown in Fig. 6-7 and 9-13 in order to move the magnetic particles in the desired position. It is disclosed that the magnetic field produced by the magnets would move the magnetically driven nanobots in the dental tubules (Par. 66-71). As such, the magnets causes the production of the pattern of magnetic field based on the desired movement of the nanoparticles within the tooth. It should be noted that the orientation and placement of the magnets are found to align on the tooth or around the target tooth (Fig. 6-7 and 9-13). The arrangement of the magnet varying results such as maximize strength when placed equal distant from one another (Par. 128-135). Further it is disclosed that the arrangement and shape of the magnet can be adjusted to provide sufficient magnetic force to the patient based on the different jaw sizes, shapes and teeth orientations of the patient (Par. 135). Further, Masri further discloses moving the magnetically-driven nanorobots to an intended direction using a gradient magnetic field (Par. 14, 131). Masri also discloses receiving a selection indicative of an intended direction of movement of the magnetically-driven nanobots, wherein the selection relates to a degree of distribution of the magnetically-driven nanobots within the dentinal tubules (Par. 128-129, 134 and 140).
However, Masri is silent to receiving a signal indicative of a pattern of magnetic field to be produced to cause movement of magnetically-driven nanobots into dentinal tubules; wherein the signal is indicative of an intended direction of movement of magnetically-driven nanorobots; generating, based on the signal, electrical signals to cause production of the pattern of magnetic field; and providing the electrical signals to a first coil of a device, the device being adapted for placement on the tooth of the patient, wherein, in response to the placement of the device on the tooth of the patient, an axis of the first coil is substantially perpendicular to a first side of the tooth, wherein the first coil is to produce the pattern of magnetic field in response to receiving the electrical signal. Further, Masri is silent to the device comprises a laser delivery unit comprising a laser diode externally powered to cause light induced heating of the magnetically-driven nanobots and increase temperature of the magnetically-driven nanobots, wherein increase in the temperature of the magnetically-driven nanobots enables an antimicrobial action of the magnetically-driven nanobots, and a hyperthermia coil, wherein the hyperthermia coil is to receive a high frequency alternating current and where based on the increased microbial action of the magnetically-driven nanobots, drive the magnetically-driven nanobots from a pulp region of the tooth into the dentinal tubules, in response to the placement of the device on one of the tooth of the patient, wherein the magnetically-driven nanobots are driven to the intended direction of movement within the dentinal tubules.
Nonomura discloses a dental drug guiding system in the same field of endeavor and further discloses receiving a signal indicative of a pattern of magnetic field to be produced to cause movement of the drug (Par. 28); generating, based on the signal, electrical signals to cause production of the pattern of magnetic field (Par. 28); and providing the electrical signals to a first coil of a device (16; Par. 49; Abstract) the device being adapted for placement on the tooth (Fig. 2), wherein, in response to the placement of the device on the tooth of the patient, an axis of the first coil is substantially perpendicular to a first side of the tooth (Annotated Figure A of Fig. 4 and Fig. 2), wherein the first coil is to product the pattern of magnetic field in response to receiving the electrical signal, to cause movement of the drug (Abstract; Par. 16, and 28).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Masri to include receiving a signal indicative of a pattern of magnetic field to be produced to cause movement of the drug; generating, based on the signal, electrical signals to cause production of the pattern of magnetic field; and providing the electrical signals to a first coil of a device (16; Par. 49; Abstract) the device being adapted for placement on the tooth, wherein, in response to the placement of the device on the tooth of the patient, an axis of the first coil is substantially perpendicular to a first side of the tooth, and wherein the first coil is to product the pattern of magnetic field in response to receiving the electrical signal, to cause movement of the drug as taught by Nonomura to allow movement of the drugs within the tooth to be done more efficiently without the need of moving magnets around the users mouth- resulting in more comfort to the patient. Further, position accuracy may be improved and time may be shortened (Par. 28).
As such, the combination of Masri and Nonomura provides the teaching of receiving a signal indicative of a pattern of magnetic field to be produced to cause movement of magnetically-driven nanobots into dentinal tubules; the signal is indicative of an intended direction of movement of the magnetically-driven nanorobots; generating, based on the signal, electrical signals to cause production of the pattern of magnetic field; and providing the electrical signals to a first coil of a device, the device being adapted for placement on the tooth of the patient, wherein, in response to the placement of the device on the tooth of the patient, an axis of the first coil is substantially perpendicular to a first side of the tooth, wherein the first coil is to produce the pattern of magnetic field in response to receiving the electrical signal, to drive the magnetically-driven nanobots from a pulp region of the tooth into the dentinal tubules.
Khakpour discloses a dental apparatus in the same field of endeavor and further discloses the device comprises a laser delivery unit placed on an inner surface of the device (Fig. 1C-1D, Par. 81 discloses that the laser delivery unit is found to be in the chamber and/or tooth coupler 3), for causing a light induced heating of the magnetically-driven nanorobots to further enhance cleaning of the tooth (Par. 81). Further, the laser delivery unit is found to include one or more diode lasers (Par. 84).
It would have been obvious to someone skilled in the art before the effective filing date to have the dental apparatus of Masri and Nonomura to have a laser delivery unit comprising a laser diode placed on an inner surface of the device and externally powered to cause light induced heating of the magnetically-driven nanorobots as taught by Khakpour to further enhance cleaning of the tooth.
Nogues discloses a medical magnetic nanobot system in the analogous art of medical system and further discloses the magnetic nanobot system is used to deliver treatment to the area of interest- in this case using optical/magnetic heating (Abstract). It is disclosed that the system can comprise a hybrid hyperthermia system that comprises an induction coil used to create an alternating magnetic field and a light source to be used to illuminate the material to provide heat treatment (Par. 16-18). Further, it is disclosed that the device is used within high-frequency magnetic field (Par. 19).
As such, it would have been obvious to someone skilled in the art before the effective filing date to have the device of Masri, Nonomura, and Khakpour to include having a hyperthermia coil receiving high frequency alternating current as taught by Nogues to provide means of heat treatment in the area of interest that is safe.
Further, it would have been obvious to someone skilled in the art before the effective filing date to have the device of Masri, Nonomura, and Khakpour to have the increase temperature of the magnetically-driven nanobots enable an antimicrobial action of the magnetically-driven nanobots as increase temperature would be able to reduce the presence of bacterial presence.
Thus, the combination of Masri, Nonomura, Khakpour, and Nogues would provide teaching of the device receiving a signal indicative of a pattern of magnetic field to be produced to cause movement of magnetically-driven nanobots into dentinal tubules; wherein the signal is indicative of an intended direction of movement of magnetically-driven nanorobots; generating, based on the signal, electrical signals to cause production of the pattern of magnetic field; and providing the electrical signals to a first coil of a device, the device being adapted for placement on the tooth of the patient, wherein, in response to the placement of the device on the tooth of the patient, an axis of the first coil is substantially perpendicular to a first side of the tooth, wherein the first coil is to produce the pattern of magnetic field in response to receiving the electrical signal. Further, Masri is silent to the device comprises a laser delivery unit comprising a laser diode externally powered to cause light induced heating of the magnetically-driven nanobots and increase temperature of the magnetically-driven nanobots, wherein increase in the temperature of the magnetically-driven nanobots enables an antimicrobial action of the magnetically-driven nanobots, and a hyperthermia coil, wherein the hyperthermia coil is to receive a high frequency alternating current and where based on the increased microbial action of the magnetically-driven nanobots, drive the magnetically-driven nanobots from a pulp region of the tooth into the dentinal tubules, in response to the placement of the device on one of the tooth of the patient, wherein the magnetically-driven nanobots are driven to the intended direction of movement within the dentinal tubules.
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Annotated Figure A
Re. Claim 16, Masri, Nonomura, Khakpour, and Nogues discloses the method as claimed in claim 15, wherein Nonomura further discloses the method comprises providing the electrical signals to the first coil, a second coil, a third coil or combinations thereof to produce the pattern of magnetic field in response to receiving the electrical signal (Annotated Figure A of Fig. 4; Par. 28 and 49; Abstract), wherein on placement of the device on the tooth of the patient (Fig. 2): an axis of the second coil is orthogonal to an axes of both the first coil and the third coil; and an axis of the third coil is orthogonal to the axes of the first and the second coil (Fig. 2 and Annotated Figure A of Fig. 4 where the vertical axis of the third coil is found to be orthogonal to the horizontal axis of the third coil. This is similarly found in relation to the first coil where the vertical axis of the third coil is found to be orthogonal to the horizontal axis of the first coil).
It would have been obvious to someone skilled in the art before the effective filing date to have the magnets of Masri, Nonomura, Khakpour, and Nogues to be coils as taught by Nonomura to move the drug through the tooth as it would be done more efficiently without the need of moving magnets around the users mouth- resulting in more comfort to the patient. Further, position accuracy may be improved and time may be shortened (Par. 28).
Re. Claim 17, Masri, Nonomura, Khakpour, and Nogues mura discloses the method as claimed in claim 15, wherein Nonomura discloses the electrical signal is a direct current signal (Par. 28).
It would have been obvious to someone skilled in the art before the effective filing date to have the electrical signal of Masri, Nonomura, Khakpour, and Nogues to be a direct current signal as taught by Nonomura to allow for a more stable signal.
Response to Arguments
Argument #1: Applicant argues that the combination references used above to reject the claim limitation is found to not teach “wherein the hyperthermia coil is to receive a high frequency alternating current, to cause generation of a high-frequency magnetic field such as to induce magnetic hyperthermia in the magnetically-driven nanobots and further increase the temperature of the magnetically-driven nanobots, and increase the antimicrobial action of the magnetically-driven nanobots”. Further, applicant argues that the combination does not disclose “based on the increased antimicrobial action of the magnetically-driven nanobots, drive the magnetically-driven nanobots from a pulp region of the tooth into the dentinal tubules”.
Applicant argues hindsight as applicant argues that Masri discloses permanent magnets whereas Nonomura discloses controlled coils and are found to not be used with nano-particles or within the dentistry field. Further, applicant argues that the heating purposes of Khakpour is unrelated to the magnetic transport of Masri. Lastly, applicant argues that Nogues discloses hyperthermia coil for a separate purpose unrelated to the dentistry field.
Applicant argues that Masri discloses magnets that must be placed within a holder to keep the relative position fixed with respect to one another. Masri does not disclose a laser delivery unit a hyperthermia unit, and teaching of light induced heating and the magnetic hyperthermia induced in the magnetically-driven nanobots aid in increasing the temperature of the magnetically-driven nanobots in addition to improving antimicrobial action of the magnetically-driven nanobots being driven around the dentinal tubules of the tooth of the patient.
Applicant argues that Nonomura is not properly combinable with Masri as Nonomura describes an insertion piece navigator temporarily fitted to a tooth. Further, Nonomura is found to not disclose a laser delivery unit, a hyperthermia unit, and teaching of light induced heating and the magnetic hyperthermia induced in the magnetically-driven nanobots aid in increasing the temperature of the magnetically-driven nanobots in addition to improving antimicrobial action of the magnetically-driven nanobots being driven around the dentinal tubules of the tooth of the patient.
Applicant argues that Khakpour discloses a dental apparatus that uses pressure waves to deliver the treatment regions and does not disclose heating magnetically-driven nanobots to enable an antimicrobial action nor a laser diode externally powered to provide light induced heating.
Applicant argues that Nogues discloses using a single coil for heating agitation and a light source. Applicant argues that the first coil of applicant’s invention is for directional navigation of nanobots whereas the hyperthermia coil is for heating the nanobots. In addition, applicant argues that the combination between Nogues and Nonomura would introduce technical complication such as electromagnetic interference or heat management.
Response #1: Applicant’s arguments are found not be persuasive.
Masri though discloses using magnets to create the magnetic field to move the particular nanobots, Masri does not teach away from other means to create the magnetic field. Nonomura discloses coils which are used to make magnetic field and provides a fixed positioning relative to one another to control movement of the drug. What applicant argues in regards to Nonomua (insertion piece navigator) relates to a different embodiment from the embodiment used above. It should also be noted that the embodiment disclosing the insertion navigator does not limit the navigator to a probe also liquids, solids, fluids, etc. (Par. 36). As such, one would modify Masri with the teaching of Nonomura to provide different means to guide the composition.
Further, it should be noted that Masri, and Nonomura are found to not be relied upon in regards to the teaching of the antimicrobial action, hyperthermia unit and the laser delivery unit. These particular teachings are taught by Khakpour and Nogues.
Applicant argues that Khakpour does not disclose heating magnetically-driven nanobots to enable an antimicrobial action nor a laser diode externally powered to provide light induced heating. However, it is found to disclose that the laser delivery unit having a laser diode externally powered to provide light induced heating (It is found that it is powered by the interface member 4 which provides electrical communication between the consol 2 and coupler 3; Fig. 1C-1D; 45 and 81). Further the combination would of Masri, Nonomua and Khakpour discloses heating magnetically-driven nanobots where it would have been obvious to someone skilled in the art that the heated nanobots would also result in increased antimicrobial action by creating a heated environment in which certain bacteria would not survive.
Though Nogues teaches a single coil, it is found that feature regarding the coil being used as a light source is being implemented to the combination where the first coil as mapped would still be solely used for directional navigation of the nanobots. With the teaching of Nogues, it allows for overall teaching of heating the particular nanobots with the hyperthermia coil for cleaning purposes. As such the combination of Masri, Nonomua, Khakpour and Nogues would teach driving the nanobots into the tubules based on increased antimicrobial action. Lastly, applicant arguments that the combination between Nonomura and Nogues would introduce technical complication is not persuasive as the hyperthermia coil is solely being modified into the system of Masri, Nonomua, Khakpour and Nogues which would result in no electromagnetic interference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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