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 1/22/26.
Response to Arguments
Applicant's arguments filed 1/22/26 have been fully considered but they are not persuasive and additionally do not address the new grounds of rejection and/or interpretation below necessitated by Applicant’s amendments.
Regarding Applicant’s arguments against the newly added limitation of the light guiding element being shaped like a rod, the Examiner points to [0012] of Schott (machine translation) which explicitly teaches such limitations. Applicant’s arguments regarding modifying Montgomery to be rod shaped are not persuasive as such arguments do not address the combination relied on (Schott modified by Montgomery), and no such modification as argued is needed.
Similarly, regarding arguments to the modification of Schott to include the transverse end faces, as taught by Montgomery, the Examiner notes that such arguments similarly do not addressed the resultant device from the combination relied on. Specifically, the facets of Montgomery applied to the end face of Schott, which would result in the end faces being transverse to the first and second optical axis of Schott. Additionally, the Examiner notes tat the term “transverse” simply means “extending across” or “intersecting” or the like, and does not impart a specific orientation or angular direction of such crossing. As such, any angle other a 0, 90, 180 or 360 degrees would extend transverse to the first and second axis (which are at 0/180 and 90 degrees), which Montgomery teaches. Further, the Examiner notes no special definition has been provided in the original disclosure.
Finally, regarding Applicant’s arguments to claim 12, as previously stated and listed below, the surfaces being “laser cut” are product by process limitations not limited by the particular method of making, but of the structure imparted by the process (see MPEP 2113). The claims, specification and/or arguments have not established any specific structural difference between the device of the prior art and the instant rejection as a result of the laser cutting. Applicant argues that the laser cutting produces “sharp corners and edges” but nothing of the record establishes that such “sharp corners and edges” could not be achieved by any other process of making. Further the term “sharp” is undefined and it is not clear what specifically would or would not meet the argued definition of sharp. Still further, the argued structure imparted is not commensurate with the scope of the claims.
Therefore, Applicant’s arguments have been fully considered but, respectfully, are not persuasive.
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(s) 1-3, 5-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Schott (DE 102018119423 A1) in view of Montgomery et al (US 2008/0254405 A1).
Regarding the above claims, Schott discloses a light application device (see Fig. 1 and 3) for light curing of liquid materials [0007], comprising: a handpiece (1) with a housing (10) ;a light source (11) arranged in the housing (Fig. 1) and configured to emit light from the handpiece ([0008]); a light guiding element (20) mounted to the handpiece ([0044]) and has a light guiding body (21) comprising a solid body (see [0009] and [0023]), a light entrance (“light inlet” [0009]) for coupling light into the light guiding body, and a light exit (“light outlet”) for coupling light out of the light guiding body, wherein the light guiding element has a longitudinal extent and defines a first optical axis for light coupled into the light guiding body (see Figs. 1 and 3, and [0011]), wherein the first optical axis runs along the longitudinal extent [0011], and wherein the light exit defines a second optical axis for light coupled out of the light guiding body [0011], wherein the second optical axis runs transversely to the first optical axis (see Figs. 1, 3; [0011]), wherein the light guiding element is formed in the shape of a rod with a rod axis that runs along the longitudinal extent (see Figs. 1 and 3; [0012]); wherein the light guiding element has, at a distal end of the longitudinal extent, a distal end side (e.g. at 23) at which the light coupled into the light guiding body can be deflected for coupling out in such a way that the light exit is formed by a region of a lateral surface of the light guiding element (see Fig. 3), and wherein the distal end side has a plurality of end faces for deflecting the light (see [0058] describing reflector having several flat facet surfaces; not shown). Schott further discloses wherein the light guiding element is detachably mounted to the handpiece (see [0044]; per claim 2); wherein the light guiding element has a thickness perpendicular to the light exit that is in a range of 1 to 15 mm (see [0028], per claim 3); the second optical axis running at an angle to the first optical axis that is between 45 and 135 degrees (see [0018], per claim 6); wherein the light guiding element comprises a reflector (23) positioned and configured to couple out light from the light guiding body (per claim 8); wherein the reflector is a mirror or interference mirror (see [0017]; per claim 9); wherein the reflector has a reflectivity for light with a wavelength between 380 and 500 nanometers of more than 90 percent ([0020], [0057]; per claim 10); wherein the solid body is a material selected from a group consisting of a homogeneous material; an isotropic material; and a monolithic material; glass; pressed glass; borosilicate glass; optical crown glass; plastic; injection molded plastic; polycarbonate (PC); polymethylmethacrylate (PMMA); and cycloolefin copolymers (COC) (see [0023], per claim 11); wherein the light guiding element further comprises a cladding partially or completely enclosing the light guiding body, wherein the cladding has a refractive index that is less than one or less than the refractive index of the light guiding body, wherein the refractive index of the light guiding body and the refractive index of the cladding have a difference of less than or equal to 0.16, and wherein the cladding has a thickness that is less than or equal to 100 pm (see [0026], [0035]; per claim 13); wherein the light guiding element comprises a mounting area (25) for mounting the light guiding element to the housing in such a way that light emitted by the light source is coupled into the light guiding body through the light entrance and is coupled out of the light guiding body outside the housing of the handpiece through the light exit (see citations above; per claim 14); wherein the second optical axis runs transversely to the longitudinal extent (see Figs. 1 and 3, citations above), and wherein the light guiding element has a proximal end face at a proximal end of the longitudinal extent, the proximal end face forming the light entrance (e.g. bottom of light guiding element in Fig. 3; per claim 15); wherein the longitudinal extent is between 1 and 30 centimeters, and wherein the light guiding element has a cross section along the longitudinal extent with an area between 0.1 and 3 square centimeters (see [0036]-[0037]; per claim 16); wherein the light guiding element has a variable cross section along the longitudinal extent (see [0039]; per claim 17); further comprising a voltage source arranged in the housing, the voltage source being configured to provide power to the light source (see [0043]; per claim 18) and wherein the light guiding element has a thickness perpendicular to the light exit that is in a range of 1-15 mm (see [0028], 7-12 mm thick; per claim 21).
Although Schott discloses wherein the reflector may have a plurality of end faces (facets), Schott does not specifically teach wherein the plurality of end faces each extend transversely to the first optical axis and transversely to the second optical axis and are connected to one another via intermediate surfaces as required.
Montgomery et al, however, teaches a similar dental light emitting device (see abstract, 10) comprising a light guiding element (22) having a distal end (30) forming a light exit, wherein the distal end side (30) has a plurality of end faces (e.g. primary facets), wherein the plurality of end faces each extend transversely to a first optical axis (longitudinal axis; e.g. 31 degrees or complementary angle, depending how measured) and transversely to a second optical axis (e.g. 31 degree angle or complement (59 degrees) is transverse to both the longitudinal axis and a second axis perpendicular thereto), and are connected to one another via intermediate surfaces (e.g. secondary facets, at least indirectly; see [0073]-[0078] and Fig. 2). Montgomery further discloses wherein at least some of the plurality of end faces and/or intermediate surfaces have a planar shape or common orientation to one another (per claim 5). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the faceted reflector of Schott to include Montgomery’s teaching the plurality of end faces being transverse to the first and second optical axes and connected to one another by intermediate surfaces, as such modification would provide a uniform and broader distribution of the light from the light guide, and provide an efficient means of achieving near total internal reflection of the device (see [0078], Montgomery).
Regarding claim 12, Schott/Montgomery, as combined above, discloses all the features of the claimed invention including the plurality of end faces and intermediate surfaces (see above). The Examiner notes that the term “laser cut surfaces” is a product by process limitation; that is the surfaces are formed by laser cutting. The Examiner notes that product by process limitations are not limited to the particular steps of the process (laser cutting) but instead only to the structure imparted thereby (the end faces and intermediate surfaces), which the prior art combination discloses as explained above. See MPEP 2113.
Regarding claim 7, Schott/Montgomery, as combined above, discloses all the features of the claimed invention including wherein the plurality of end faces can comprise four end faces, and further that the number of end faces is variable as desired (see [0078]). Additionally, the Examiner notes that the particular number of faces is a result effective variable dependent on the desired degree of light application and size of the device. Still further, Applicant describes the number of faces merely preferable, and lacking any criticality (see [0031]). 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 Schott/Montgomery, as combined above, to include between 5-20 end faces, as such modification would merely involve the optimization of a result effective variable, which has been held to be within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results (see MPEP 2144.05 (II)(A)).
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.
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/EDWARD MORAN/Primary Examiner, Art Unit 3772