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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/307,418, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Claims 1-2, 5-6, 10-12, 20-21, 27, 30, and 34 receive the priority date of 02/07/22.
Claims 4, 8, 13, 15-19, 24-26, 28, and 35 receive the filing date of the current application, 02/07/23.
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.
Claims 21 and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Balamuth et al. (US 4012647 A).
[AltContent: arrow][AltContent: textbox (Keyed component)][AltContent: ][AltContent: textbox (Junction)][AltContent: textbox (Acoustic transformer)][AltContent: arrow][AltContent: textbox (Transducer)][AltContent: arrow][AltContent: arrow]
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Regarding claim 21, Balamuth et al. discloses an ultrasonic acoustic assembly (see Fig. 4 above) configured for use with an ultrasonic dental scaler system, the ultrasonic acoustic assembly configured to produce a vibrational wave and including:
a transducer (88, 89) defining a fixed length extending between first and second ends of the transducer (88, 89) (see annotated Fig. 4 above and col. 6, lines 67 – a pair of piezoelectric crystals);
an acoustic transformer (65) connected to the transducer (88, 89) at a junction and extending therefrom (see annotated Fig. 4 above and col. 6, lines 1-8 – where “the transmission member 65 may be designed in the form of an accoustical impedance transformer so that there is an increase in the amplitude of mechanical vibration from its rear face 68 to its front tip 66”; and col. 7, line 12 – “front face 98 of crystal 88”); and
a keyed component (85), wherein the transducer (88, 89) is maintained under compression between the acoustic transformer and the keyed component (85) (see col. 6, lines 63-68 – where the keyed component is adapted to sandwich the transducer/piezoelectric crystal 88, 89), the keyed component (85) and the acoustic transformer (65) configured to inhibit relative rotational motion of the transducer (88, 89) during the compression (the element 85 is a nut that compress the piezoelectric crystal 88, 89 towards the acoustic transformer 65; in this way, that compression inhibits relative rotation between all the components).
Regarding claim 24, Balamuch discloses that the keyed component (85) inhibits relative axial motion of the transducer during the compression (see col. 6, lines 63-65 – where the “rear end of the support member 82 also has a threaded portion 86 which receives locking means in the form of a nut 85 threaded thereon and adapted to sandwich therebetween under a selected compressive static load a pair of piezoelectric crystals 88 and 89”).
Regarding claim 25, Balamuch discloses that acoustic transformer (65) is constrained in both axial and rotational directions (see Fig. 4 above and col. 6, lines 30-37 and 63-65 – where the acoustic transformer 65 engages the threaded portion 71 to the threaded portion 84 of the shaft 82; “rear end of the support member 82 also has a threaded portion 86 which receives locking means in the form of a nut 85 threaded thereon and adapted to sandwich therebetween under a selected compressive static load a pair of piezoelectric crystals 88 and 89”; in this way the acoustic transformer 65 is constrained in the axial direction and in the rotational direction by the nut 85).
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.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Balamuth et al. (US 4012647 A) as applied to claim 21 above, and further in view of Cranston (US 4110908 A).
Regarding claim 26, Balamuth et al. discloses the claimed invention substantially as claimed, as set forth above for claim 25, and where the acoustic transformer is held on one end by an O-ring (81) “such that the vibrational energy of the motor when energized, remains substantially isolated therein without the energy being transmitted to the housing 52“ (see Fig. 4 above and col. 4, lines 29-33).
However, Balamuth et al. does not disclose that the acoustic transformer is constrained at a nodal area of the acoustic assembly.
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Cranston teaches an ultrasonic dental scaler including an acoustic transformer (25) and further including an O-ring support chamber 50 that is preferably positioned at the balance point of the transformer (25). It should be noted that this balance point is different than the natural nodal plane of the combination. The use of the O-ring, such as for resiliently, “supporting the vibrator assembly at the balance point of the transformer, are provided for inducing an unnatural node in the vibrator assembly at a position on the transformer which decreases the vibratory frequency of the transducer for resiliently supporting the vibrator assembly at the balance point of the transformer, are provided for inducing an unnatural node in the vibrator assembly at a position on the transformer which decreases the vibratory frequency of the transducer” to approx. 25,000 cycles per second. (see Fig. 2 above and col. 1, line 66 through col. 2, line 10, and col. 3, lines 12-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the O-ring of Balamuth, with the O-ring positioned at the balance point of the transformer of Cranston, in order to induce an unnatural node in the vibrator assembly at a position on the transformer which decreases the vibratory frequency of the transducer to approx. 25,000 cycles per second.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Balamuth et al. (US 4012647 A) as applied to claim 21 above, and further in view of Mosch et al. (US 6619957 B1).
Regarding claim 27, Balamuth discloses the claimed invention substantially as claimed, as set forth above for claim 21, and where Balamuth discloses that the transducer can be made of magnetostrictive material (see col. 7, lines 50-58).
[AltContent: textbox (Hand-held ultrasonic scaler system)]However, Balamuth does not disclose that the transducer is a Terfenol- D transducer.
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Mosch et al. teaches a hand-held ultrasonic scaler system (210), where the magnetostrictive material (230) is [Tb.sub.0.30 Dy.sub.0.70 Dy.sub.0.70 Fe.sub.1.92], wherein Tb represents terbium, Dy represents dysprosium and Fe represents iron sometimes referred to as TERFENOL-D (see Fig. 1 and 2 above and col. 3, lines 14-18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetostrictive material of Balamuth, with the TERFENOL-D of Mosch, in order to use a well-known in the art and preferred material for a transducer in hand-held ultrasonic scalers by requiring less power than with other systems (see col. 1 and lines 24-26).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Balamuth et al. (US 4012647 A) as applied to claim 21 above, further in view of Warrin et al. (US 4820152 A).
Regarding claim 28, Balamuch discloses the claimed invention substantially as claimed, as set forth above for claim 21.
However, Balamuch does not disclose the transducer is capable of operating as an nλ/4 transducer, where n =1, and wherein a frequency of resonance fo is defined by the fixed length of the transducer.
[AltContent: ][AltContent: ][AltContent: textbox (First and second ends of the transducer)][AltContent: arrow][AltContent: textbox (Enclosure)][AltContent: arrow][AltContent: textbox (Transducer)]
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Warrin et al. teaches an ultrasonic dental scaler system, the system including an ultrasonic acoustic assembly (see Fig. 1 above) disposed at least partially within the enclosure (12) (see Fig. 1 above), including a transducer (22) (see Fig. 1 above) defining a fixed length extending between first and second ends of the transducer (22) (see Fig. 1 above), where the transducer (22) is capable of operating as an nλ/4 transducer, where n =1, and wherein a frequency of resonance fo is defined by the fixed length of the transducer (see col. 8, lines 10-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the transducer of Balamuch to be capable of operating as an nλ/4 transducer, where n =1, and wherein a frequency of resonance fo is defined by the fixed length of the transducer as taught by Warrin, in order to have the correct vibration of the tip.
Allowable Subject Matter
Claims 1-2, 4-6, 8, 10-13, 15-20, 30, 34, 35 and 37 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, Cranston discloses ultrasonic dental scaler system (figures 1-2), the system comprising: an enclosure (10; Figure 1) configured to be handheld (figure 1); an ultrasonic acoustic assembly (23, 25; figure 2) disposed at least partially within the enclosure (figure 2), the ultrasonic acoustic assembly configured to produce a vibrational wave (column 2, lines 42-60) and including: a transducer (23; figure 2) defining a fixed length extending between first and second ends of the transducer; an acoustic transformer connected to the transducer at a junction (figure 2) and extending therefrom (figure 2); and a tip (31; figure 1-2) detachably connected to a distal end of the acoustic transformer (Figure 2; column 3, lines 4-25), wherein the vibrational wave is transmitted from the transducer along the acoustic transformer to the tip to produce an output amplitude at the tip (column 2, lines 42-60); a rotatable grip (52; figure 2; column 4; lines 4-25) coupled to the acoustic transformer at a nodal area of the acoustic assembly (figure 2).
Cranston does not disclose a cordless ultrasonic dental scaler; the rotatable grip configured to rotate the ultrasonic acoustic assembly relative to the enclosure; and a fluid source (disposed within the enclosure; an electronic control system disposed within the enclosure and configured to energize the ultrasonic acoustic assembly, the electronic control system including an amplitude control circuit configured to control the output amplitude at the tip based on a user selectable amplitude level; a battery disposed within the enclosure and configured to power the electronic control system; the fluid source containing a fluid and having a metered flow rate of the fluid from the fluid source, the metered flow rate controlled by a flow control circuit of the electronic control system that is coupled to the amplitude control circuit and configured to vary the metered flow rate of the fluid from the fluid source proportionally to a change in the output amplitude at the tip.
Regarding claim 30, the set of claims received on 23 July 2026 has been amended by further including an electronic input disposed within the inner housing and configured to receive an electronic drive signal for driving the transducer to produce the vibrational wave (see [0060] – where according to the present application, the electronic input is “a coil 8 is disposed about the transducer 13, whereby a magnetic field is produced by a drive signal imparted to the coil 8 from an electronic control system, e.g., a transducer driver 33 (FIG. 7) of the electronic control system, resulting in the generation of vibrational waves along the ultrasonic driver 2 and a resultant output amplitude 1 (FIG. 1) at a working tool (e.g., tip 15 (FIG. 6)) of the ultrasonic driver 2”).
[AltContent: textbox (Rotatable grip)][AltContent: arrow][AltContent: textbox (Inner housing)][AltContent: arrow][AltContent: textbox (Electronic housing)][AltContent: ][AltContent: textbox (O-ring support chamber 50)][AltContent: textbox (Ultrasonic acoustic assembly (transducer 23, acoustic transformer 25))][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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According to Cranston, it is disclosed an ultrasonic dental scaler system (see Fig. 1-2), where the system includes:
an outer enclosure (11) configured to be handheld (see Fig. 1 above);
an inner housing (12) (see annotated Fig. 2 above, col. 2, line 42 – “interior casing 12”) at least partially disposed within the outer enclosure (11) (see col. 3, lines 4-25);
an ultrasonic acoustic assembly (23,25) (see Fig. 2 above) disposed at least partially within the inner housing (12) and rotationally fixed to the inner housing (12) at a nodal area of the ultrasonic acoustic assembly (23,25) (see annotated Fig. 2 and col. 2, lines 46-57 – where the ultrasonic acoustic assembly 23 and 25 are “positioned within the casing 12 at the section housing the coil 21”, where the “the transducer stack 23 is welded or soldered to an end of the tool holder 25“, and the “transformer 25 extends through the intermediate section of the outer casing 11”), the ultrasonic acoustic assembly(23,25) configured to produce a vibrational wave (see col. 2, lines 42-60), and including:
a transducer (23) (see Fig. 2) disposed within the inner housing and defining a fixed length extending between first and second ends of the transducer (figure 2);
an acoustic transformer (25) (Figure 2) connected to the transducer (23) at a junction within the inner housing (12) and extending therefrom (see annotated Fig. 2 and col. 2, lines 52-53 – where “one end of the transducer stack 23 is welded or soldered to an end of the tool holder 25 shaped to serve as an acoustical impedance transformer”); and
a tip (31) (see annotated Fig. 1 above) detachably connected to a distal end of the acoustic transformer (see Fig. 2, col. 2, lines 4-25 and 61-65 figure 2; column 2, lines 4-25);
an electronic input (21) disposed around the inner housing and configured to receive an electronic drive signal for driving the transducer to produce the vibrational wave (see annotated Fig. 2 above and col. 2, lines 30-47);
a rotatable grip (52) (see Fig. 2 and col. 3, lines 4-25) coupled to the acoustic transformer (25) at a nodal area of the acoustic assembly (see Fig. 2 above and col. 1, lines 56-57 - “a forced nodal plane is induced in the transformer at a location other than a natural nodal plane”; col. 2, lines 6-13 – “this forced shift of the nodal plane from the natural nodal plane to the balance point of the vibrator assembly causes the frequency of the system to be approximately 25,000 cycles per second” and “enables a much shorter vibrator assembly to be utilized”, and col. 3, lines 12-16 – where “the o-ring support chamber 50 is preferably positioned at the balance point of the transformer. It should be noted that this balance point is different than the natural nodal plane of the combination”; therefore, due to the natural nodal plane has been shift to balance point where it is located the o-ring support chamber 50, in which it is aligned with the coupling between the rotatable grip 52 and the acoustic transformer).
However, Cranston does not disclose that electronic input disposed within the inner housing, and that the inner housing is rotatable relative to the outer enclosure and the rotatable grip configured to rotate the ultrasonic acoustic assembly relative to the outer enclosure, thereby providing rotational adaptation of the tip during treatment.
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Guaragno (US 20150327951 A1) teaches an ultrasonic dental scaler system (see Fig. 1 above), the system including:
an outer enclosure (111) (see annotated Fig. 3 above) configured to be handheld (see Fig. 1 above and [0024]);
an inner housing (101) (see annotated Fig. 3) rotatable relative to the outer enclosure (111) (see [0024]) and at least partially disposed within the outer enclosure (111) (See Fig. 2);
the rotatable grip (117) (see Fig. 1-3) configured to rotate the ultrasonic acoustic assembly relative to the outer enclosure, thereby providing rotational adaptation of the tip during treatment (see [0040]); and
an electronic input (107) disposed around the inner housing and configured to receive an electronic drive signal for driving the transducer to produce the vibrational wave (see Fig. 2-3 above and [0024]);
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the inner housing and rotatable grip of Cranston such that the inner housing is rotatable relative to the outer enclosure and the rotatable grip configured to rotate the ultrasonic acoustic assembly relative to the outer enclosure, thereby providing rotational adaptation of the tip during treatment as taught by Guaragno in order to be able for the insert orientation be adaptable by the user during a procedure.
However, Cranston/Guaragno does not disclose that the electronic input is disposed within the inner housing.
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Sharp (US 5382162 A) teaches a dental scaler including “a transducer stack 14 which interacts with an alternating magnetic field created by the electronic input/energizing coil 12 positioned in the handpiece to vibrate the scaler insert 8 at an ultrasonic frequency.” (see Fig. 1 above and col. 4, lines 21-29).
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Furthermore, Feine (US 6164968 A) teaches an ultrasonic dental device (70) including an inner housing/inner cylindrical piece (82), with an inside diameter forming in internal housing (80) and around which the wire is wrapped to form the electronic input/coil (74) (see Fig. 7-8 above and col. 4, lines 41-65).
However, none of them disclose that the electronic input/coils are disposed within the inner housing. For that reason, claims 30, 34, 35 and 37 are allowed.
Therefore, the art of record does not teach or render obvious, either alone or in combination, an ultrasonic dental scaler system including an outer enclosure, an inner housing, a rotatable grip, an ultrasonic acoustic assembly, and an electronic input that is disposed within the inner housing in combination with the elements set forth in the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached 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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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