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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 4, 2025 has been entered.
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.
Claims 7-13 are 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. Claim 7 has been amended to include the negative limitation of the vacuum hose “that is note electrically wired”. It is noted that support for the negative limitation is not provided in the originally filed specification. See MPEP 2173.05(i) regarding support for negative limitations.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 5 of the claim “a light source in mounted on” is believed to be in error for -a light source mounted-. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: On line 6 “a hose-side electrode in mounted on” is believed to be in error for -a hose-side electrode mounted on-. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: On line 8 “a tip-side electrode in mounted on- is believed to be in error for -a tip-side electrode mounted on-. Appropriate correction is required.
Claim 6 objected to because of the following informalities: “a tube wall” on line 3 is believed to be in error for -the tube wall-. 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) 1, 6-8 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (2014/01470589) in view of Mattmueller (2022/0400972).
Huang teaches an oral suction device comprising a vacuum hose connected to a suction source (the vacuum hose being the shut off valve and the rubber supply hose, see par. 15, the air supply hose is obviously connected to a suction source in order to supply the suction to the device), a vacuum tip (the disclosed suction tube) having a tube body that has a proximal end connectable to a distal end of the vacuum hose (par. 15, “the suction tube connected to a typical shut-off valve”) and having a distal end as a suction port (par. 14, see figs. 1-2), a light source 3 mounted on the vacuum tip to illuminate an oral cavity (see pars. 6, 14), a hose side electrode mounted on a portion of the vacuum hose and electrically connected to a power supply (see figs. 2-3, the electrode being the 2 pin electrical connector accepting the connector from the light source, the power supply being the batteries), a tip-side electrode mounted on a proximal end portion of the vacuum tip (see fig. 1, such that the tip side electrode is the illustrated power connector, pars. 14-15) and connected to the light source (par. 6, 14-15, such that the connector is connected to the lights through conducting wires), for receiving power from the hose side electrode (see pars. 6-7, 15), wherein the tip side electrode and the hose side electrode are arranged to make physical and electrical contact with each other (see pars. 6-7, 14-15) and wherein the vacuum tip comprises an electrical wire arranged inside a wall of the tube body, electrically connecting the tip side electrode to the light source (see pars. 6, 14, such that the tube includes the hollow tubular stem and the cover of polyolefin so that the wire is inside a wall of the tube). Huang teaches the invention as substantially claimed and discussed above, however, does not specifically teach the hose-side electrode is mounted on a distal end portion of the vacuum hose, the tip-side electrode and the hose-side electrode are arranged to make physical and electrical contact with each other simultaneously upon mechanical coupling of the vacuum tip and the vacuum hose to each other, such that an electrical connection to power the light source is completed at the same time as a mechanical coupling between the vacuum tip and the vacuum hose.
Mattmueller teaches a suction device comprising a vacuum hose 2 connected to a suction source (see fig. 6), a vacuum tip having a tube body that has a proximal end connectable to a distal end of the vacuum hose (see fig. 3, such that end with element 4.3 is the proximal end, pars 60, 104, 106), a hose-side electrode is mounted on a distal end portion of the vacuum hose and electrically connected to a power supply, a tip-side electrode is mounted on a proximal end portion of the vacuum tip for receiving power form the hose side electrode, wherein-the tip side electrode and the hose side electrode are arranged to make physical and electrical contact with each other simultaneously upon mechanically coupling the vacuum tip and the vacuum hose to each other, such that an electrical connection to power the vacuum tip is completed at the same time a mechanical coupling between the vacuum tip and the vacuum hose (see abstract, pars. 15, 23-25, 60-61, 106-107). Such that Mattmueller teaches the cannula/vacuum tip, which is removable, is electrically connected to handpiece 2 by connecting an electrode (an electrical connector) on the tip/cannula to an electrode on the handpiece when the cannula/vacuum tip is inserted into the handpiece/vacuum hose. It is noted that paragraph 60 teaches corresponding contacts are provided on the cannula and handpiece. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the suction device of Huang with the simultaneous electrical and mechanically coupling as taught by Mattmueller in order to make for quick and easy connection of the electrical connection of the suction tube (see par. 82 of Mattmueller). It is noted that the combination of Huang with Mattmueller teaches the invention as claimed, as the combination would result in the electrical connection powering the light. However, it is further noted that while it is noted that Mattmueller does not specifically teach the electrical connection powering a light source, Mattmueller does teach and LED on the cannula/vacuum tip (see par. 40, specifically “Alternatively, the LED may be arranged directly on the cannula unit”) and the power for the LED is provided by a remote source (i.e. the IOM system or stimulation device), therefore, it is noted that it would have been obvious to one having ordinary skill in the art to provide corresponding contacts on the cannula for allowing the electrical connection to the handpiece/vacuum hose to power the LED.
With respect to claim 6, Huang/Mattmueller teaches the invention as substantially claimed and discussed above, Huang further teaches wherein the light source is mounted inside of the tube wall of the vacuum tip, wherein the tube wall of the vacuum tip is made of a transparent plastic (see pars. 6, 14). It is noted that Huang does not specifically teach the wall is made of a resin, however, it is noted that it would have been obvious to one having ordinary skill in the art at the at the effective filling date of the invention to select any known transparent material, including a transparent resin to make the wall of the tube out of since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. It is noted that the tube of the prior art is being used for the same purpose as the claimed invention including as a suction tube for removing material from the oral cavity and being transparent so as to allow the light to illuminate the cavity.
With respect to claim 7, Huang teaches an oral suction device in a shape of a tube body (see figs.), the oral suction device comprising a vacuum hose (the rubber suction supply hose) that is not electrically wired (see figs., pars. 7, 15, such that the battery pack with the electrical connection is attached to the hose in a removable manner, such that the hose is not wired, the wires from the suction tube extend along the hose but the hose is not wired, see fig. 1 which shows the wires and connector of the suction tube for connection to the attached batter connection on the hose), an attachment (the shut off valve) having a proximal end insertable to a distal end of the vacuum hose (pars. 7, 15, such that it is attached to the hose and the end is capable of being inserted into the hose as claimed), a vacuum tip (the disclosed suction tube) having a proximal end connectable to a distal end of the attachment (see figs. 1-2, par. 15) and having a distal end as a suction portion (see fig. 1, par. 14), a light source 3 mounted on the vacuum tip to illuminate an oral cavity (pars. 6, 14), an attachment side electrode electrically connected to a power supply (see figs. 2-3, the electrode being the 2 pin electrical connector accepting the connector from the light source, the power supply being the batteries), a tip-side electrode mounted on a proximal end portion of the vacuum tip (see fig. 1, such that the tip side electrode is the illustrated power connector, pars. 14-15) and electrically connected to the light source (par. 6, 14-15, such that the connector is connected to the lights through conducting wires), for receiving power from the attachment side electrode (see pars. 6-7, 15), wherein an electrically conducting portion of the tip-side electrode and an electrically conducting portion of the attachment-side electrode are positioned to be in direct physical contact with and electrically connected to each other (see pars. 6-7, 14-15). Huang teaches the invention as substantially claimed and discussed above, however, does not specifically teach the attachment-side electrode is mounted on a distal end portion of the attachment, wherein an electrically conducting portion of the tip-side electrode and an electrically conducting portion of the attachment-side electrode are positioned to be in a direct physical contact with and electrically connected to each other simultaneously as the vacuum tip and the attachment are connected to each other, so that the electrical connection is completed at the time as the connection of the vacuum tip and the attachment is completed.
Mattmueller teaches a suction device comprising a vacuum hose (see fig. 6, such that the vacuum hose is the hose extending from the interface 3 to the suction source 10) that is not electrically wired and connected to a suction source 10 (see fig. 6), an attachment 2 having a proximal end connected to a distal end of the vacuum hose (see fig. 6), a vacuum tip 5 having a proximal end connectable to a distal end of the attachment (see fig. 3, such that end with element 4.3 is the proximal end, pars 60, 104, 106) and having a distal end with a suction port (see fig. 2, par. 63), an attachment side electrode is mounted on a distal end portion of the attachment and electrically connected to a power supply (par. 40, fig. 6, such that the power is provided by the stimulation device of the IOM system), a tip-side electrode is mounted on a proximal end portion of the vacuum tip for receiving power form the hose side electrode, wherein an electrically conducting portion of the tip-side electrode and an electrically conducting portion of the attachment side electrode are positioned to be in direct physical contact with and electrically connected to each other simultaneously as the vacuum tip and the attachment are connected to each other, so that the electrical connection is completed at the same time as the connection of the vacuum tip and the attachment is completed (see abstract, pars. 15, 23-25, 60-61, 106-107). Such that Mattmueller teaches the cannula/vacuum tip, which is removable, is electrically connected to handpiece/attachment 2 by connecting an electrode (an electrical connector) on the tip/cannula to an electrode on the handpiece when the cannula/vacuum tip is inserted into the handpiece/attachment. It is noted that paragraph 60 teaches corresponding contacts are provided on the cannula and handpiece. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the suction device of Huang with the simultaneous electrical and mechanically coupling as taught by Mattmueller in order to make for quick and easy connection of the electrical connection of the suction tube (see par. 82 of Mattmueller). It is noted that the combination of Huang with Mattmueller teaches the invention as claimed, as the combination would result in the electrical connection powering the light. However, it is further noted that while it is noted that Mattmueller does not specifically teach the electrical connection powering a light source, Mattmueller does teach and LED on the cannula/vacuum tip (see par. 40, specifically “Alternatively, the LED may be arranged directly on the cannula unit”) and the power for the LED is provided by a remote source (i.e. the IOM system or stimulation device), therefore, it is noted that it would have been obvious to one having ordinary skill in the art to provide corresponding contacts on the cannula for allowing the electrical connection to the handpiece/vacuum hose to power the LED.
With respect to claim 8, Huang/Mattmueller teaches the invention as substantially claimed and disused above including Huang further teaching a power supply (the batter holder 2) mounted outside of a tube body of the attachment (see fig. 2, such that the battery pack is mounted outside of the attachment), wherein the power supply device and the attachment side electrode are electrically connected to each other (see par. 15, detailed explanation above regarding the 2 pin connector being the attachment side electrode).
With respect to claim 13, Huang/Mattmueller teaches the invention as substantially claimed and discussed above, Huang further teaches wherein the light source is mounted inside of the tube wall of the vacuum tip, wherein the tube wall of the vacuum tip is made of a transparent plastic (see pars. 6, 14). It is noted that Huang does not specifically teach the wall is made of a resin, however, it is noted that it would have been obvious to one having ordinary skill in the art at the at the effective filling date of the invention to select any known transparent material, including a transparent resin to make the wall of the tube out of since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. It is noted that the tube of the prior art is being used for the same purpose as the claimed invention including as a suction tube for removing material from the oral cavity and being transparent so as to allow the light to illuminate the cavity.
With respect to claim 14, Huang/Mattmueller teaches the invention as substantially claimed and discussed above, Huang further teaches wherein the vacuum tip further comprises a branching portion branching off form the tube body at the proximal end portion of the vacuum tip, wherein the tip side electrode is mounted on the branching portion (see fig. 1, such that the branching portion is the portion with the wires branching out of the tube and extending to the connector which is the claimed tip side electrode).
Huang/Mattmueller teaches the invention as substantially claimed and discussed above including Mattmueller teaching the vacuum tip is connected to the vacuum hose/attachment through a variety of connections (see par. 60), however, does not specifically teach wherein one of the proximal end of the tube body of the vacuum tip and the distal end of the vacuum hose/attachment has a cut portion extending in a longitudinal direction, and the other of the proximal end of the tube body of the vacuum tip and the distal end of the vacuum hose/attachment has a locking projection having a certain length in the longitudinal direction, and when the vacuum tip is inserted to the vacuum hose with positions of the cut portion and the locking projection aligned with each other, a connection between the vacuum tip and the vacuum hose/attachment is completed in a state where the locking projection has stopped at a deepest position in the cut portion in a joint portion between the vacuum tip and the vacuum hose/attachment.
Claim(s) 2-3 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (2014/01470589) in view of Mattmueller (2022/0400972) as applied to claims 1 and 7 above, and further in view of Humble et al. (2013/0079769) as evidence by Segal (6,500,000)
Huang/Mattmueller teaches the invention as substantially claimed and discussed above including Mattmueller teaching the vacuum tip is connected to the vacuum hose/attachment through a bayonet connection (par. 60), however, is silent as to the specifics of the bayonet connection. Specifically Huan/Mattmueller does not specifically teach wherein one of the proximal end of the tube body of the vacuum tip and the distal end of the vacuum hose/attachment has a cut portion extending in a longitudinal direction, and the other of the proximal end of the tube body of the vacuum tip and the distal end of the vacuum hose/attachment has a locking projection having a certain length in the longitudinal direction, and when the vacuum tip is inserted to the vacuum hose with positions of the cut portion and the locking projection aligned with each other, a connection between the vacuum tip and the vacuum hose/attachment is completed in a state where the locking projection has stopped at a deepest position in the cut portion in a joint portion between the vacuum tip and the vacuum hose/attachment and wherein one of the proximal end of the tube body of the vacuum tip and the distal end of the vacuum hose/attachment has a cut portion formed by a first portion extending in a longitudinal direction and a second portion extending in a circumferential direction from a deepest position in the first portion, and the other of the proximal end of the tube body of the vacuum tip and the distal end of the vacuum hose/attachment has a locking projection, and when the vacuum tip is inserted to the vacuum hose with positions of the cut portion and the locking projection aligned with each other, a connection between the vacuum tip and the vacuum hose/attachment is completed by moving the locking projection in the longitudinal direction to the deepest position in the first portion of the cut portion and then in the circumferential direction in the second portion in a joint portion between the vacuum tip and the vacuum hose.
Humble teaches a medical device comprising a body/attachment 11, a tip 2 that has a proximal end connectable to a distal end of the body/attachment, a body/attachment side electrode, a tip side electrode 4, wherein the tip side electrode and the body/attachment side electrode are arranged to make physical and electrical connect with each other simultaneously upon mechanically coupling the tip and the body/attachment to each other such that an electrical connection is completed at the same time as a mechanical coupling between the tip and the body/attachment (see figs. 2-3). It is noted that par. 25 teaches leads/electrodes in the body/attachment 11 that are connected to the electrode in the tip when connected. Humble further teaches with respect to claims 2 and 9 wherein one of the proximal end of the tube body of the tip and the distal end of the body/attachment has a cut portion extending in a longitudinal direction (see fig. 2, such that the tip has the L-shaped cut of the bayonet connection in the longitudinal direction), and the other of the proximal end of the tube body of the tip and the distal end of the body/attachment has a locking projection having a certain length in the longitudinal direction (par. 25, such that the bayonet assembly in the body/attachment 11 is the claimed projection, see explanation below), and when the tip is inserted to the vacuum hose with positions of the cut portion and the locking projection aligned with each other, a connection between the vacuum tip and the vacuum hose/attachment is completed in a state where the locking projection has stopped at a deepest position in the cut portion in a joint portion between the vacuum tip and the vacuum hose/attachment (see fig. 2, par. 25 regarding the bayonet connection). It is noted that Humble is silent as to the locking projection, however, does teach the body/attachment having a bayonet assembly. As evidenced by Segal a bayonet connection requires a L shaped groove and a locking projection interacting with each other to provide the locking of the two parts together. Such that the locking projection has certain length in order to fit within the L-shaped groove when inserted all the way in and when it reaches the end of the groove, i.e. the deepest position, a joint is formed when it is then further rotated (it is noted that the claim is open ended). Therefore, it would have been obvious that the bayonet connection within the attachment/body is a locking projection to interact with the groove of the bayonet connection on the tip. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the bayonet connection taught by Huang/Mattmueller with the specifics of the bayonet connector as taught by Humble in order to provide a quick and easy connection that is secure the allows connection of the electrodes.
Humble further teaches with respect to claim 3, wherein one of the proximal end of the body of the tip and the distal end of the body/attachment has a cut portion formed by a first portion extending in a longitudinal direction and a second portion extending in a circumferential direction from a deepest position in the first portion (see fig. 3, such that the tip has the L shaped groove for a bayonet connection with reads on the claimed groove), and the other of the proximal end of the tube body of the tip and the distal end of the body/attachment has a locking projection (par. 25, such that the tube 11 has a bayonet assembly), and when the tip is inserted to the body/attachment with positions of the cut portion and the locking projection aligned with each other, a connection between the vacuum tip and the vacuum hose/attachment is completed by moving the locking projection in the longitudinal direction to the deepest position in the first portion of the cut portion and then in the circumferential direction in the second portion in a joint portion between the tip and the body/attachment (see fig. 25, par. 25 regarding the bayonet fitting). It is noted that Humble is silent as to the locking projection, however, does teach the body/attachment having a bayonet assembly. As evidenced by Segal a bayonet connection requires a L shaped groove and a locking projection interacting with each other to provide the locking of the two parts together. Therefore, it would have been obvious that the bayonet connection within the attachment/body is a locking projection to interact with the groove of the bayonet connection on the tip. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the bayonet connection taught by Huang/Mattmueller with the specifics of the bayonet connector as taught by Humble in order to provide a quick and easy connection that is secure the allows connection of the electrodes.
Claim(s) 4-5 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (2014/01470589) in view of Mattmueller (2022/0400972) as applied to claims 1 and 7 above, and further in view of Leonard et al. (4,720,266).
Huang/Mattmueller teaches the invention as substantially claimed and discussed above, however, does not specifically teach an elastic body mounted on the vacuum hose/attachment and configured to bias the hose-side/attachment electrode toward the distal end of the vacuum hose/attachment and further comprising elastic bodies that are a plurality of conductors mounted on the vacuum hose/attachment and configured to bias the hose/attachment side electrode towards the distal end of the vacuum hose/attachment, wherein the power supply and the hose/attachment side electrode are electrically connected to each other via the elastic bodies.
Leonard teaches an oral device comprising an accessory 106 having electrodes 111/112 for connection to tubelike body having electrodes 114/115 (see fig. 8, element with opening 108) and further with respect to claims 4 and 11, an elastic body 111a/112a provided on the accessory and configured to bias the electrode 111/112 toward the distal end of the accessory (see fig. 8, col. 7, II. 43-57). Further with respect to claims 5 and 12, Leonard teaches elastic bodies 111a/112a that are a plurality of conductors provided on the accessory and configured to bias the electrode 111/112 toward the distal end of the accessory (see fig. 8, col. 7, II. 43-62), wherein the power supply and the accessory electrode 111/112 are electrically connected to each other via the elastic bodies 111a/112a. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the electrical connection taught by Huang/Mattmueller to include the elastic elements taught by Leonard in order to ensure a strong connection. Such that the biasing means will ensure contact between the two elements. It is noted that the combination teaches the claimed limitation, such that electrode on the vacuum hose/attachment is modified with the elastic elements as taught by Leonard.
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.
Conclusion
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772
1/14/2026