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 12 is objected to because of the following informalities: In line 19 of the claim “the handle” is believed to be in error for -a handle-. Appropriate correction is required.
Claim 28 is objected to because of the following informalities: In lines 1-2 of the claim “the polygonal cross-sectional shape curved sides” is believed to be in error for -the polygonal cross-sectional shape has curved sides-. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 28 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Support in the originally filed specification for the claimed polygonal shapes having curved sides is not found. It is noted that support for the polygon being “irregular” is found but not rounded.
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 20 is 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 20 recites the limitation "the first open end" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Further with respect to claim 20, it is unclear if the claimed hexagonal shape is trying to further limit the claimed polygon shape of the cavity of claim 12 or is a different part with a hexagonal shape. It is noted that for examination purposes, the limitations of claim 20 are interpreted as the claimed cavity of the handle having an opening, such that the opening leads to the cavity and the opening and cavity has a hexagonal shape (i.e. further limiting the claimed polygonal shape to be hexagonal), however, the applicant should amend the claim to clarify what is being claimed.
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) 1, 5-6, 11-12, 14-15, 20 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 2021000205 (KR) in view of Wang (2016/0354918).
KR teaches with respect to claim 1, a dental tool device configured to seat and remove a retention member in a dental cap coupled in a dental appliance (such that the device is capable of functioning as claimed, see par. 1 of translation) comprising an elongate member 20 comprising a main body 23, expander portion 211/21, a seating end portion 24, an engaging portion 23 (such that portion 23 is a grip to be engaged with) positioned between the expander portion 211/21 and the seating end portion 24, and a first threaded portion 22, an expandable grabber 10 configured to be inserted into the retention member to grab the retention member (see figs. 2, 7-8), the expandable grabber having an opening sized and configured to receive a portion of the elongate member including the expander portion (see figs. 5-7), wherein the expandable grabber comprises a second threaded portion complimentary to the first threaded portion (pars. 18 and 31 of translation, figs. 3-7), and wherein the first and second threaded portions are configured to engage each other to adjust an axial position of the expandable grabber relative to the elongate member by a rotation of the expandable grabber relative to the elongate member based on the engaged first and second threaded portions to adjust a diameter of at least a portion of the opening (see figs. 5-7, pars. 18 and 31 of translation). KR teaches the invention as substantially claimed and discussed above, however, does not specifically teach the engaging portion is a handle engaging portion, wherein the handle engaging portion comprises a polygonal cross sectional shape, a handle having an outer surface and a cavity, wherein the cavity includes a polygonal portion corresponding to and sized to receive the polygonal handle engaging portion to prevent rotation of the elongate member relative to the handle, the cavity configured to couple to at least a portion of the handle engaging portion, the expander portion and first threaded portion simultaneously and at least a portion of the handle engaging portion and the seating portion simultaneously.
Wang teaches a tool device comprising an elongate member 2 comprising a main body, a first portion (working end 22), a second portion (working end 21, such that each end of the elongate member is a working portion), a handle engaging portion 23 positioned between the first portion and the second portion (see fig. 1), and a handle 1 (see fig. 1, pars. 5, 23, 28, such that rod 1 is configured to be held the by user, therefore, it is a handle) having an outer surface (see fig. 1) and a cavity 13/14 (see fig. 1), wherein the cavity includes a polygonal portion corresponding to and sized to receive the polygonal handle engaging portion 23 to prevent rotation of the elongate member relative to the handle (see fig. 1, pars. 5, 23-24, 27), the cavity configured to couple to at least a portion of the handle engaging portion 23, the first working portion 22 and at least a portion of the handle engaging portion 23 and the second portion 21 (see figs. 3-4, par. 27, such that the elongate member is reversibly held by the handle so that either portion of the elongate rod can be used while being held by the handle, par. 30, such that the handle can also hold screw driver bits). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify KR to include a handle that is configured to be attached to the elongate member on either end as taught by Wang in order to provide an enhanced grip for the user while still allowing both the working ends to be small and accessible, such that the small size of the workings ends is maintained while the gripping area is enlarged for easier handling. Such that the user can more easily grip the tool, while protecting the other working end since it is covered by the handle. It is noted that the prior art of KR teaches both ends of the elongated body as a tool end for contacting and manipulating retention members (see par. 31-32 regarding end with element 24 being a gripping part). Such that it is noted that the combination teaches the limitations are claimed, such that when KR is modified with the handle of Wang, the cavity of the handle would be configured to engage at least a portion of the handle engaging portion, the expander portion, and first threaded portion simultaneously, and at least a portion of the handle engaging portion and the seating end portion simultaneously.
With respect to claim 5, KR/Wang teaches the invention as substantially claimed and discussed above, KR further teaches wherein the expandable grabber comprises a first portion and a second portion, wherein the first portion has a first internal width and is sized and dimensioned to receive at least a portion of the expander portion, wherein the second portion has a second internal width and is sized and dimensioned to receive a portion of the elongate member having a first threaded portion, and wherein the first width is smaller than the second width (see figs. 5-7, annotated figure below).
With respect to claim 6, KR/Wang teaches the invention as substantially claimed and discussed above, KR further teaches wherein the expandable grabber further comprises a third portion having a third internal width that is larger than each of the first width and the second width, and an internal stop between the second portion and the third portion that limits an adjustment of the position of the expandable grabber relative to the elongate member (see annotated figure below, figs. 5-7).
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With respect to claim 11, KR/Wang teaches the invention as substantially claimed and discussed above, Wang further teaches the outer surface of the handle comprises a set of flat portions (see fig. 1, such that the end of the handle has a polygonal shape, which includes a set of flat portions) configured to prevent rolling of the handle when placed on a surface (such that the flats are configured to function as claimed, such that the polygonal shape would prevent rotation of the handle).
With respect to claim 12, KR teaches a dental tool device configured to seat and remove a retention member in a dental cap coupled in a dental appliance (see par. 1 of translation) comprising an elongate member 20 comprising a first outer surface (see fig. 3, such that is has an outer surface) comprising a first threaded portion 22, a first end (end at 211 including 21) and a second end (4), wherein the first outer surface includes a first threaded portion 22; an expandable grabber 10 configured to be inserted into the retention member to grab the retention member (see figs. 2, 7-8) comprising a second outer surface (such that is has an outer surface), an inner surface (see fig. 4, such that it has an inner surface) comprising a second threaded portion complementary to the first threaded portion of the elongate member (pars. 18 and 31 of translation, figs. 3-7), a third end (end near 11), a fourth end (end opposite 11), and an opening between the third end and the fourth end (see fig. 4, such that an opening extends through the expandable grabber); an expander 21 comprised in the first end of the elongate member (see figs. 5-7, such that the first end 211 causes the expandable grabber to expand when inserted), a seating end portion 24 comprised in the second end of the elongate member, an engaging portion 23 (such that portion 23 is a grip portion and configured to be engaged to be gripped) positioned between the expander 21 and the seating end portion 24, wherein the opening of the expandable grabber is configured to couple to a portion of the elongate member having the first threaded portion and the expander such that the first threaded portion and the second threaded portion are configured to adjustably engage one another (see figs. 5-7, pars. 18 and 31 of translation); and wherein an adjustment of the second threaded portion relative to the first threaded portion adjusts a position of the expander relative to the first end of the expandable grabber, and a width of the third end of the expandable grabber (see figs. 5-7, pars. 18, 31 and 35 of translation). KR teaches the invention as substantially claimed and discussed above however, does not specifically teach the engaging portion is a polygonal handle engaging portion, wherein the polygonal handle engaging portion comprises a polygonal cross-sectional shape that prevents rotation of the elongate member relative to the handle, and a handle having an outer surface and a cavity including a polygonal portion corresponding to and sized to receive the polygonal handle engaging portion, configured to couple to at least a portion of the handle engaging portion and alternatively the expander portion and the seating portion simultaneously and the handle engaging portion and the handle engaging portion is polygonal.
Wang teaches a tool device comprising an elongate member 2 comprising a main body, a first portion (working end 22), a second portion (working end 21, such that each end of the elongate member is a working portion), a handle engaging portion 23 positioned between the first portion and the second portion (see fig. 1), and a handle 1 (see fig. 1, pars. 5, 23, 28, such that rod 1 is configured to be held the by user, therefore, it is a handle) having an outer surface (see fig. 1) and a cavity 13/14 (see fig. 1), wherein the cavity includes a polygonal portion corresponding to and sized to receive the polygonal handle engaging portion 23 to prevent rotation of the elongate member relative to the handle (see fig. 1, pars. 5, 23-24, 27), the cavity configured to couple to at least a portion of the handle engaging portion 23, the first working portion 22 and at least a portion of the handle engaging portion 23 and the second portion 21 (see figs. 3-4, par. 27, such that the elongate member is reversibly held by the handle so that either portion of the elongate rod can be used while being held by the handle, par. 30, such that the handle can also hold screw driver bits). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify KR to include a handle that is configured to be attached to the elongate member on either end as taught by Wang in order to provide an enhanced grip for the user while still allowing both the working ends to be small and accessible, such that the small size of the workings ends is maintained. Such that the user can more easily grip the tool, while protecting the other working end since it is covered by the handle. It is noted that the prior art of KR teaches both ends of the elongated body as a tool end for contacting and manipulating retention members (see par. 31-32 regarding end with element 24 being a gripping part). Such that it is noted that the combination teaches the limitations are claimed, such that when KR is modified with the handle of Wang, the cavity of the handle would be configured to engage at least a portion of the handle engaging portion, the expander portion, and first threaded portion simultaneously, and at least a portion of the handle engaging portion and the seating end portion simultaneously.
With respect to claim 14, KR/Wang teaches the invention as substantially claimed and discussed above, KR further teaches wherein the expandable grabber comprises a first portion and a second portion, wherein the first portion has a first internal width and is sized and dimensioned to receive at least a portion of the expander portion, wherein the second portion has a second internal width and is sized and dimensioned to receive a portion of the elongate member having a first threaded portion, and wherein the first width is smaller than the second width (see figs. 5-7, annotated figure above).
With respect to claim 15, KR/Wang teaches the invention as substantially claimed and discussed above, KR further teaches wherein the expandable grabber further comprises a third portion having a third internal width that is larger than each of the first width and the second width, and an internal stop between the second portion and the third portion that limits an adjustment of the position of the expandable grabber relative to the elongate member (see annotated figure above, figs. 5-7).
With respect to claim 20, KR/Wang teaches the invention as substantially claimed and discussed above, Wang further teaches wherein at least one of the first open end and a portion of the cavity comprises a hexagonal shape (see fig. 1, such that the cavity has six sides, making it a hexagonal shaped cavity).
With respect to claim 26, KR/Wang teaches the invention as substantially claimed and discussed above, Wang further teaches the polygonal cross sectional shape has a hexagonal cross sectional shape and the polygonal portion has a hexagonal shape (see fig. 1, such that polygonal recess clearly has six sides, making it a hexagon, par. 24 teaching the polygonal cross sectional shape of coupling portion 23 having the corresponding shape to that of the cavity, therefore, they are both hexagonal).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 2021000205 (KR) in view of Wang (2016/0354918) as applied to claim 1 above, and further in view of Mullaly et al.
KR/Wang teaches the invention as substantially claimed and discussed above including KR teaching the seating end portion is configured for seating a cap, however, does not specifically teach the seating end portion comprises an O-ring.
Mullaly teaches a dental tool 12 having a seating end (portion with recess 20) for seating a retention member 15 in a dental cap 16, wherein the seating end comprises an O-ring 14 (see figs. 1-2). It would have been obvious to one having ordinary skill in the art to modify the seating end taught by KR/Wang to include an O-ring as taught by Pelak to assist in retaining the retention member during seating into the cap.
Claim(s) 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 2021000205 (KR) in view of Wang (2016/0354918) as applied to claim 1 above, and further in view of Courvoisier et al. (2014/0099602).
KR/Wang teaches the invention as substantially claimed and discussed above, however, does not specifically teach the polygonal cross sectional shape has an irregular corr sectional shape and the polygonal portion has an irregular shape, wherein the polygonal cross sectional space has curved sides and the side surfaces of the polygonal portion are curved.
Courvoisier teaches a dental tool having an elongated body and a handle, wherein the elongated body has a polygonal cross section for mating with handle, such that the handle has a polygonal portion corresponding to and sized to receive the polygonal cross sectional shape so as to prevent rotation of the elongated body relative to the handle (see figs. 6a-6b, such that the implant 200 is the elongated body and the handle is the insertion tool).
With respect to claims 27-28, Courvoisier further teaches the polygonal shapes can be irregular and have curved sides (see par. 101). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the regular polygonal shape taught by KR/Wang with the irregular polygonal shape and curved polygonal shape as taught by Courvoisier as matter of obvious design choice. It is noted that the applicant does not teach the that specific shape provides an advantage or any unexpected results. The applicant teaches the shape providing the same advantage as the prior art, which is preventing rotation between two elements. It is further noted that it would have been an obvious matter of design choice to modify the polygonal shape to be irregular and have curved sizes, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04, IV, B.).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed July 20, 2026, have been fully considered but they are not persuasive.
The applicant argues that amendments to claim 20 overcome the 112 rejection, however, claim 20 has not been amended, therefore, the applicant’s arguments are not persuasive.
The applicant argues that the prior art of KR does not teach a handle engaging portion as claimed. It is noted that KR has NOT been used to teach the handle engaging portion, therefore, the applicant’s arguments are moot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Peters has been cited to teach a handle with a polygonal cavity and flat surfaces.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 9/15/2026
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