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 .
Response to Amendment
This action is in response to Applicant’s amendment filed 10/8/25.
The amendments to the drawings and specification filed 10/8/25 have been entered.
Response to Arguments
Applicant's arguments filed 10/8/25 have been fully considered but they are not persuasive and additionally do not address the new grounds of rejection and/or interpretation above necessitated by Applicant’s amendments.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6, 12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gramann et al (US 2015/0250572 A1) in view of Okawa et al (US 2007/0121786 A1).
Regarding the above claims, Gramann et al discloses a dental hand-held device (Figs. 1-3), comprising a curing device (101/102) for curing a dental restoration material (configured to be used as such, see citations below) with light in a first wavelength range (see [0084], [0011]; 444-452 nm); and a fluorescence excitation device (103/104) for exciting fluorescence of tooth substance (configured to be used as such, see [0081]) with light in a second wavelength range (see [0084], [0016]; 380-780 nm); and wherein an intensity of the light of the curing device is adjustable (see claim 14, [0075] and [0097]). See also, [0010][-0011], [0015]-[0017], [0019], [0071], [0073]-[0075], [0078], [0080]-[0081], [0084]-[0085].
Gramann et al further discloses the device comprising an electronic controller for controlling the curing device and the fluorescence excitation device (see [0085], [0078], [0073]; associated control circuitry for timing, alternating use, overheat protection, intensity adjustment, etc.; per claim 2); wherein the electronic controller is configured to activate the curing device and the fluorescence excitation device independently of each other (see [0071], [0073], [0078] and citations above; per claim 3); wherein the electronic controller is adapted to activate the curing device and the fluorescence excitation device at a predetermined time interval (e.g. timer function and/or alternate activations; see [0073], [0075] and [0078]; per claim 4); the device comprising an electronic camera (106/107) for capturing fluorescent light (configured to be used as such, see [0081]; per claim 5); comprising an electronic data interface for transmitting data from the electronic camera to an external device (e.g. wired or wireless communication modules, see [0073]-[0074], [0085]; per claim 6); wherein the curing device comprises a first light source (102) for emitting light in the first wavelength range (e.g. blue light; see citations above) and wherein the fluorescence excitation device comprises a second light source (104) for emitting light in the second wavelength range (e.g. white light; see citations above; per claim 12); wherein activation of the curing device and/or the fluorescence excitation device is selectable (see citations above; per claim 14); and wherein the first wavelength range is between 380 nm and 515 nm (see [0011]) and the second wavelength range is between 380 nm and 415 nm (see [0016]; per claim 15).
While Gramann et al discloses that the first light source of the curing device has an adjustable intensity, Gramann does not explicitly teach that the second light source of the fluorescence excitation device has an adjustable intensity as required.
Okawa et al, however, teaches a similar dental hand held device, comprising first and second light sources for excitation and illumination, both of which have adjustable intensity (see [0039] and [0066]). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Gramann to include Okawa’s teaching of making the light sources have adjustable intensity, as such modification would allow for optimized light output levels to facilitate visual recognition of the desired target tissues/areas (see Okawa, [0066]).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD MORAN whose telephone number is (571)270-5349. The examiner can normally be reached Monday-Friday 7 AM-4 PM EST.
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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/EDWARD MORAN/Primary Examiner, Art Unit 3772