DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 1-5 and 7 are rejected under pre-AIA 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Grulke et al. (US 5,046,486).
As to claim 1, Grulke discloses a handle 11 (Fig. 7) of an oral irrigator 10 (irrigation handpiece 10 is disclosed for use at a surgical site, but is capable of use as an oral irrigator) comprising: a handle housing 11 including a first segment (left part 15) and a second segment (right part 14), wherein the first segment 15 and the second segment 14 are configured to couple together and define a cavity between the first segment 15 and the second segment 14 (Fig. 7, col. 3, ln. 29-40);
a first set of interior walls (any of walls 23, 24, 25, 26, 75, 102, 106, and/or 108, on the left part 15, see Fig. 3 and Fig. 7) extending from the first segment 15, wherein the first set of interior walls extends into the cavity when the first segment 15 and the second segment 14 are coupled (col. 3, ln. 55-61); and
a second set of interior walls (corresponding walls to 23, 24, 25, 26, 102, 108) of the right part 14) extending from the second segment 14, wherein the second set of interior walls extends into the cavity when the first segment 15 and the second segment 14 are coupled (col. 3, ln. 55-61);
wherein a wall 23 of the first set of interior walls and a wall 23 of the second set of interior walls are configured to limit movement of an oral irrigator component (pump 20) at least partially disposed in the cavity when the first segment 15 and the second segment 14 are coupled (see Fig. 3, Fig. 7, col. 3, ln. 61-65).
As to claim 2, Grulke discloses the handle of claim 1, wherein: the oral irrigator component is a first oral irrigator component (pump 20); and
the first set of interior walls (23, 24, 106, 108 etc.) and the second set of interior walls (23, 24, 106, 108 etc.) are configured to align the first oral irrigator component (pump 20, Fig. 7) and a second oral irrigator component (thumb button 103) at least partially disposed in the cavity when the first segment 15 and the second segment 14 are coupled (see col. 3, ln. 56 – col. 4, ln. 17 and col. 7, ln. 17-30).
As to claim 3, Grulke discloses the handle of claim 1, wherein: a wall (cradle stub 23 on the left handle part 15) of the first set of interior walls defines a first notch (see Fig. 7, the notch is the semicircular cradle that receives pump 20); a wall 23 of the second set of interior walls (corresponding stub 23 on right handle part 14) defines a second notch (corresponding cradle of stub 23 on the right part 14); the first notch and the second notch align to define a handle housing aperture between the first notch and the second notch when the first segment and the second segment are coupled together; and the oral irrigator component (pump 20) is positioned within the handle housing aperture (see Fig. 7, col. 3, ln. 56-65).
As to claim 4, Grulke discloses the handle of claim 1, wherein: the first set of interior walls extends from the first segment 15 in a horizontal plane with respect to a length of the handle (walls 23, 24, see Fig. 7); and the second set of interior walls 23, 24 extends from the second segment 14 in the horizontal plane (see Figs. 3 and 7, col. 3, ln. 56-65).
As to claim 5, Grulke discloses the handle of claim 1, wherein each wall of the first set of interior walls (23, 24, 25, 26, 102, 108) aligns with a corresponding wall of the second set of interior walls (23, 24, 25, 26, 102, 108) when the first segment 15 and the second segment 14 are coupled together (see Fig. 3 and Fig. 7; col. 3, ln. 56 - col. 4, ln. 17 and col. 7, ln. 17-30).
As to claim 7, Grulke discloses the handle of claim 1, further comprising: a peg (pin like stub 16) extending from the first segment 15; and a hole (socket, not shown) defined by the second segment 14; wherein the peg 16 is configured to mate with the hole and couple the first segment 15 with the second segment 14 (see Fig. 7, col. 3, ln. 41-47).
Claims 1 and 6 are rejected under pre-AIA 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Arnett et al. (US 5,470,305).
As to claim 1, Arnett discloses a handle 10 (Fig. 2) of an oral irrigator (irrigation handpiece 10 is disclosed for use at a surgical site, but is capable of use as an oral irrigator) comprising: a handle housing 11 including a first segment (right housing part 15) and a second segment (left housing part 14), wherein the first segment 15 and the second segment 14 are configured to couple together and define a cavity between the first segment 15 and the second segment 14 (Fig. 2, col. 3, ln. 29-36); a first set of interior walls 111 extending from the first segment 15, wherein the first set of interior walls extends into the cavity when the first segment 15 and the second segment 14 are coupled (see Fig. 2, col. 6, ln. 41-49); and a second set of interior walls extending from the second segment (mirror image ribs 111 on left housing part 14), wherein the second set of interior walls 111 extends into the cavity when the first segment 15 and the second segment 14 are coupled (see Fig. 2, col. 6, ln. 41-49); wherein a wall 111 of the first set of interior walls and a wall 111 of the second set of interior walls are configured to limit movement of an oral irrigator component (pump unit 100) at least partially disposed in the cavity when the first segment 51 and the second segment 14 are coupled (see Fig. 2, Fig. 18, col. 6, ln. 64 – col. 7, ln. 2).
As to claim 6, Arnett discloses the handle of claim 1, wherein: the first set of interior walls 111 extends from a curved interior surface of the first segment 15; and the second set of interior walls 111 extends from a curved interior surface of the second segment 14 (see Fig. 2, col. 6, ln 41-49).
Claims 8-14 are rejected under pre-AIA 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Baum et al. (US 4,989,590).
As to claim 8, Baum discloses a water jet apparatus (Figs. 1-3, col. 2, ln. 53-57) comprising:
a reservoir (cover 32, see Fig. 3) including a reservoir valve 58 (Fig. 3, Fig. 4) at least partially seated in an opening 80 (Fig. 4) defined by a base surface 34 of the reservoir 32, wherein the reservoir valve 58 is configured to move between a first position and a second position (Fig. 4, Fig. 5, col. 4, ln. 9-18); and
a base unit (housing 20, Fig. 3) supporting the reservoir 32 and including a tube stand (well 83 whose bottom tubular portion holds input tubing 60, see Fig. 3, see Fig. 4) connected to the reservoir valve 58, wherein the tube stand 83 defines a fluid passage 84 (Fig. 4, col. 4, ln. 5-8); wherein:
with the reservoir valve 58 in the first position, fluid is configured to enter and exit the reservoir 32 via the fluid passage and the opening 80; and
with the reservoir valve 58 in the second position, the fluid is inhibited from entering and exiting the reservoir via the fluid passage and the opening 80 (Fig. 4, Fig. 5, col. 4, ln. 9-18).
As to claim 9, Baum discloses the water jet apparatus of claim 8, wherein the tube stand 83 comprises one or more projections (nub 85) extending from a base surface of the tube stand 83 and the one or more projections 85 are configured to move the reservoir valve 58 into the first position (col. 4, ln. 11-18).
As to claim 10, Baum discloses the water jet apparatus of claim 9, wherein: the reservoir valve 58 comprises a head 81 and a shaft 82; and the one or more projections 85 of the tube stand 83 are configured to move the reservoir valve 58 into the first position by: engaging the shaft 82 to position the head away from the base surface 34 of the reservoir 32; and permitting the fluid to flow along a path defined at least partially by the shaft 82 and the base surface 34 as well as the head 81 and the base surface 34 (Fig. 4, col. 3, ln. 65 – col. 4, ln. 18).
As to claim 11, Baum discloses the water jet apparatus of claim 10, wherein the tube stand 83 and the reservoir valve 58 are co-axially aligned (see Fig. 4).
As to claim 12, Baum discloses the water jet apparatus of claim 8, wherein: the reservoir valve 58 comprises a head 81, a shaft 82, and flexible legs (each end of lower resilient bar 86, see Fig. 4) extending from the shaft 82 (col. 3, ln. 68 – col. 4, ln. 5); with the reservoir valve 58 in the first position: the flexible legs 86 bear against the base surface 34 (at flutes 87, see Fig. 4) and deform to permit the tube stand 83 (at nub 85) to position the head 81 away from the base surface 34 of the reservoir 32; and the flexible legs 86 engage the base surface 34 (at flutes 87) to keep the reservoir valve 58 at least partially seated in the opening 80 of the base surface 34 (see Fig. 4, col. 4, ln. 11-18).
As to claim 13, Baum discloses the water jet apparatus of claim 8, wherein the reservoir valve 58 comprises a shaft 82 and a head 81 formed on an end of the shaft 82, and with the reservoir valve 58 in the second position, the head 81 bears against the base surface 34 to encompass the opening 80 of the base surface 34 and inhibit the fluid from flowing through the opening 80 (see Fig. 4, col. 4, ln. 1-11).
As to claim 14, Baum discloses the water jet apparatus of claim 8, wherein: the base unit 20 further includes a seat (inlet tubing 60, upon which sits the tube stand/well 83, see Fig. 3); the tube stand 83 comprises a shaft and a collar formed on an end of the shaft (see annotated Fig. 4 below); and the base unit 20 at least partially receives the tube stand 83 with the collar positioned at least partially between the base surface 34 of the reservoir 32 and the seat 60 of the base unit 20 (see Figs. 3 and 4, col. 4, ln. 5-8 and col. 3, ln. 33-40).
PNG
media_image1.png
425
702
media_image1.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cammack et al. (US 4,302,186) discloses an oral irrigator having a reservoir and reservoir walve
Eichman (US 5,399,089) discloses an oral irrigator handle having first and second housing segments and internally projected walls 196 (see Fig. 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached on Monday - Friday 8:30 am - 4:30 pm.
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, KENDRA CARTER can be reached on 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785