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 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 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Wink (US 2021/0361398) in view of Cohen (US 9,615,732).
Wink shows a system comprising an elongate handle comprising a proximal end and a distal end (either side of handle 22); a rigid curved upper surface (near 92 in Fig. 10 at the curved top/upper surface; [0046] states this area provides a rigid gripping area for a user of the instrument and [0066] discusses including rigid/stiff portions over a range of the apparatus and/or handle); and a rigid curved lower surface (near 92 and surrounding 92 in Fig. 10 at the curved bottom/lower surface; [0046] states this area provides a rigid gripping area for a user of the instrument and [0066] discusses including rigid/stiff portions over a range of the apparatus and/or handle); a connector positioned at the distal end of the elongate handle (within 92 in Fig. 15-16 for instance), the connector structured to allow at least two different functional elements to removably attach to the elongate handle (92 as seen in Fig. 15-16 allows removable attachment of a functional element and therefore attachment of any number of functional elements), a functional element removably attached to the connector at the distal end of the elongate handle (near 36 in Fig. 15); and an integral, soft coating material formed about, so as to cover, the distal end of the elongate handle (soft grip portion 26; [0048]-[0050]).
However, while Wink shows that the functional element may be any other type of hand tool configuration, such as a mirror ([0037]), and that the coating may be chemically bonded ([0054]), Wink fails to show a soft coating material formed on the functional element and that the coating material is chemically bonded thereto.
Cohen similarly teaches a dental functional element, mirror in particular, that has a soft covering/coating on the mirror (10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wink’s device by including the soft coating/cover on the functional element as taught by Cohen in order to increase patient comfort. Wink in view of Cohen still fails to show that the coatings are chemically bonded to their respective portions. The Office takes official notice that chemically bonding, such as by adhesive, is a very well known attachment means in the dental art ([0053] of Wink for instance discusses various alternative connections), as well as a known alternative to the snap fit/combined manufacture of the present prior art, and therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wink/Cohen to have the coatings chemically bonded in order to utilize known alternative attachment means in the art and the associated benefits therewith, such as reduced chance of bacteria buildup and longevity of the device.
With respect to claim 18, wherein the integral, soft coating material seals about a peripheral surface of the mirror (Fig. 2 in particular). With respect to claim 19, wherein the integral, soft coating material forms a bumper about a peripheral surface of the mirror (Fig. 2 in particular). With respect to claim 20, wherein the mirror is disposed within a substrate manufactured from at least one of plastic, a thermoplastic elastomer, and combinations thereof (Cohen Fig. 4 shows the mirror within the substrate of 5,6; Wink shows the functional element formed of these materials).
With respect to claim 2, wherein the elongate handle comprises a rigid portion and a soft portion for improving a user's grip of the elongate handle (Fig. 3; core 24 and soft grip 26). With respect to claim 3, wherein the rigid portion comprises a polycarbonate ([0038] at 36 in particular) and the soft portion comprises a thermoplastic elastomer ([0051]). With respect to claim 4, wherein the functional element is disposable and selectively removable from the elongate handle (via tool receiver 36). With respect to claim 5, wherein the functional element forms a tight, interference fit with the distal end of the elongate handle (interference fit structurally equivalent to “frictionally engage” of [0072]). With respect to claim 6, wherein the distal end of the elongate handle comprises at least one of a quarter-turn twist on element or a ball detent for attaching the functional element to the distal end of the elongate handle ([0072] recites many possible means, but does not explicitly show a quarter turn or ball detent, however the Office takes official notice that these are very well known means of attachment and it would have been obvious to have selected such in order to take advantage of well known alternatives in the art). With respect to claim 7, wherein the functional element comprises at least one of a mirror, a tissue retraction element, a laser blocking element, a brush, a hook, a block, and a buccal tip (“mirror”; [0037]). With respect to claim 8, wherein the system further comprises a second functional element that is selectively attachable to and removably from the proximal end of the elongate handle (other end of handle than the first functional element). With respect to claim 9, wherein the second functional element is disposable (the second element is removable and therefore disposable). With respect to claim 10, wherein the second functional element comprises at least one of a mirror, a tissue retraction element, a tongue guide a laser blocking element, a brush, a hook, a block, and a buccal tip (“mirror”; [0037]). With respect to claims 11-12, wherein the proximal end of the elongate handle comprises an indent/projection feature that is structured and arranged to mate with a projection/indent feature formed in the second functional element ([0072], particularly “click into” would require this configuration). With respect to claim 13, further comprising at least one of an element, pin, or rod disposed in a neck portion of the distal end of the elongate handle (at 24a,b in Fig. 8 for instance; Fig. 16 shows the core extending over the receiving portion; [0034]). With respect to claim 14, wherein the at least one of an element, pin, or rod is selected from the group consisting of stainless steel, aluminum 1100, fully annealed copper C1100, and stainless steel 316 ([0034]). With respect to claim 15, wherein the at least one of an element, pin, or rod is pliable so that neck portion is formable to provide a gooseneck appearance ([0034]). With respect to claim 16, wherein the integral, soft covering is manufactured of a soft polymer selected from the group consisting of a thermoplastic elastomer, a thermoplastic elastomer having a durometer value between 10 and 25 Shore A, or a thermoplastic elastomer having a durometer value between 30 and 40 Shore A ([0036]). With respect to claim 17, wherein the functional element comprises a mirror (“mirror” as addressed above).
Kit claims 21-22 are rejected similarly to the above and additionally at least one oral hygiene functional element ([0037] discusses a brush for instance).
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that Cohen does not show the chemical bonding of a coating material, however this is acknowledged in the previous rejection and was the reason for Official Notice.
Applicant argues against Cohen in that it is explicitly designed to be removable and replaceable, however neither of these words, nor any equivalents, can be found in Cohen’s specification. Cohen even states that the cover may be sterilizable, allowing for reuse.
Applicant argues that Cohen’s structural design affirmatively teaches away from chemical bonding, however in order to teach away Cohen would need to explicitly state chemical bonding would not be appropriate, which does not appear to be the case. The Official Notice addresses the substitution of chemical bonding with mechanical/snap-fit attachment, further evidenced by [0054] of Wink.
Applicant argues that Wink is entirely silent regarding the method of attachment, however further support from Wink can be found in the rejection above, particularly with respect to [0044] and [0066].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
