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 Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 5, 7, 28, 29, 32, 34-36, and 38 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. Applicant had argued that Scalco fails to provide for the new limitations directed to the electric motor and handpiece along with their structures, however Nakamura et al. (US 2017/0215990 A1) has been found to provide for the new claim limitations in combination with Scalco. The teaching of Nakamura does disclose that multiple LEDs can be fit into an electric motor part.
Claim Objections
Claims 1, 28, and 35 objected to because of the following informalities: the claims each recite the limitation of “to illuminate an area on near a tooth”, which should read “to illuminate an area on or near a tooth”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1, 2, 5, 28, 29, 32, 35, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US 2017/0215990 A1) in view of Scalco et al. (US 2015/0238279 A1).
Regarding claims 1, 2, 28, 29, and 35:
Nakamura discloses an apparatus to illuminate an area on or near a tooth surface while performing a dental procedure (title and abstract, paragraphs [0073]-[0074] disclosing the apparatus including a light source), the apparatus including:
a first and second adjacent stationary LED light sources (Fig. 7 element L showing location of light source, paragraph [0074] lines 1-5 disclosing the light source includes a plurality of LEDs and thus at least two adjacent sources), wherein each of said adjacent illumination sources is configured to generate an illumination beam when electrical power is applied to the illumination source (paragraph [0073] disclosing electric power is supplied to the light source),
wherein one or said illumination sources is configured to generate an illumination beam ow white light (paragraph [0074] disclosing “a white LED”),
and wherein said apparatus is a component of an electric motor for a dental handpiece (Fig. 7 element 10 is a component of an electric motor, abstract noting element 10 is an electric motor, Fig. 1 element 10 is for use with a handpiece 9a),
the electric motor is external to the dental handpiece (Fig. 1 element 10 external to 9a), wherein the illumination source is positioned in the electric motor (Fig. 7 element L is within element 10), wherein the dental handpiece has a proximal end and a distal end, wherein the electric motor had a distal end and wherein when the distal end of the electric motor is connected to the proximal end of the dental handpiece the illumination source is configured to pass a said illumination beam from the electric motor through a light guide in the dental handpiece extending between the proximal end and the distal end of the dental handpiece (Fig. 1 showing the electric motor 10 having a distal end that is inserted into the proximal end of the handpiece 9a and thus the light source of fig. 7 element L passes the light beam along the light optical fiber in handpiece element 9a from its proximal end to its distal end paragraph [0102] lines 9-13).
Nakamura discloses structure substantially identical to the instant application as discussed above but fails to explicitly disclose where plurality of light sources is a dual wavelength lamp where one of the plurality of illumination sources is configured to generate an illumination beam at a wavelength of 405nm, nor a switching mechanism electrically connected to the first and second illumination sources and configured to selectively apply electrical power to only one of said illumination sources at a time as per claims 1, 28, and 35, nor were the switching mechanism is configured to switch polarity of electrical power delivered to an dual-output lamp thereby switching electrical power between the first LED and the second LED as per claims 2, 29, and further 35.
However, Scalco discloses a dental illumination apparatus for a motor of the type used in a dental instrument to illuminate an area on or near a tooth surface while performing a dental procedure (Fig. 2 element 1) the apparatus comprising: a dual output lamp having stationary first and second illumination sources (Fig. 2 elements 3/3b), wherein each of said adjacent illumination sources is configured to generate an illumination beam when electrical power is applied to the illumination source (paragraph [0014] lines 8-9 disclosing the LED’s are connectable to an external power source, paragraph [0019] lines disclosing the external power is also replaceable by an internal battery and thus are electric power),
first illumination source comprises a light emitting diode (LED) configured to emit white light ([0038], “white light”) and the illumination source comprises a different LED configured to emit light at the wavelength of about 405nm and ([0038] UV light is 400nm +/-5% thus being about 405),
a switching mechanism electrically connected to the first and second illumination sources and configured to selectively apply electrical power to only one of said illumination sources at a time (paragraphs [0015]-[0016], disclosing an electrically connected switch that is configured to “distinctly activated the LED UV or the white light LED)
wherein said apparatus is a component of a motor in a dental handpiece that is separable from the motor (Fig. 2 element 1 being a separable component that is to be installed to the motor handpiece of 9-10, paragraph [0037] lines 3-6 disclosing the element 1 being “capable of being installed on a high speed handpiece” and thus is separable from the handpiece), wherein the illumination source is positioned in the motor of the dental handpiece (Fig. 2 element 1 would be positioned with the motor handpiece of 9/10) and wherein the illumination source is configured to pass a said illumination beam through a light guide extending from the motor (Fig. 2 elements 3/3b being LED’s are diodes that pass light through their domed topped light guides) and to a cutting head (Fig. 3 showing the illumination passing through the light guides and to the cutting head of 10 by shining towards the cutting head of the drill/bur), and
further discloses wherein the switching mechanism is configured to switch polarity of electrical power delivered to the dual-output dual-wavelength lamp thereby switching power between the first and second illumination sources to change the wavelength of the illumination beam (paragraphs [0015]-[0016], disclosing an electrically connected switch that is configured to “by reversing switch of polarity, can choose the disclosing light with LED UV, or the simples lightning of work the area with white light LED”).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a the illumination source being a dual wavelength lamp having a first illumination source comprises a light emitting diode configured to emit white light and a different LED configured to emit light at the wavelength of about 405nm, as well as a switching mechanism electrically connected to the first and second illumination sources and configured to selectively apply electrical power to only one of said illumination sources at a time by switching a polarity of electrical power delivered to the plurality of LEDs such that power would be switched between the first LED for 405nm light and the second LED for white light as taught by Scalco into the illumination source and control as taught by Nakamura for the purpose of providing for a handpiece that would settle previous drawbacks in limitations by evidencing a restorative material from original tooth structure during a dental procedure that is controllable through a switch that does not prejudice to the operation of the settings during use as taught by Scalco (paragraph [0013] lines 1-13 and [0016] lines 8-11).
Regarding claims 5, 32, and 36, Nakamura further discloses wherein each said illumination source is oriented to generate an associated illumination beam at substantially a same focal point (paragraph [0102] disclosing plurality of LEDs are oriented to focus light beams into the optical fiber for transmission).
Claims 7, 34, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US 2017/0215990 A1) in view of Scalco et al. (US 2015/0238279 A1) as applied to claims 2, 29, and 35 respectively above and further in view of Camlibel (US 4,605,942).
Regarding claims, 7, 34 and 38, Nakamura/Scalco discloses structure substantially identical to the instant application as discussed above but fails to explicitly disclose wherein the non-powered LED does not fluorescence in response to radiation emissions by an adjacent powered led sufficiently to emit radiation or inhibiting emission of a non- selected wavelength along with a selected wavelength.
However, Camlibel teaches a multiple wavelength light emitting device in FIGS. 1-5, comprising a dual-wavelength lamp (Col. 2, lines 1-23, “dual wavelength light emitting device”) wherein said first illumination source 10 is configured to generate the illumination beam a first wavelength and wherein said second illumination source 11 is configured to generate the illumination beam at a second wavelength ((Col. 2, lines 30-37, “to emit at different wavelengths”); an optical barrier 120,121 disposed between the first and second illumination sources and configured to shield a non-powered illumination source from radiation emitted by an adjacent powered illumination source, wherein fluorescence of a non-powered illumination source, wherein fluorescence of a non-powered illumination source is minimized or inhibited as a result of said barrier, thus minimizing or inhibiting emission of a non- selected wavelength along with a selected wavelength (Col. 4, lines 13-35 , “problems which might have arisen due to photo-excitation of one device by another are corrected in part by utilizing heat sinks 120 and 121 and/or ohmic contact layers 131 and 132 as shields against interaction of the two devices”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Nakamura/Scalco, by requiring an optical barrier disposed between the first and second illumination sources and configured to shield a non-powered illumination source from radiation emitted by an adjacent powered illumination source, wherein fluorescence of a non- powered illumination source is inhibited as a result of said barrier, thus inhibiting emission of a non-selected wavelength along with a selected wavelength as taught by Camlibel, for the purpose of preventing any spectral problems due to the optical interaction and incidental excitation of nearby light sources as taught by Camlibel (column 4 lines 25-35).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P SAUNDERS whose telephone number is (571)270-3250. The examiner can normally be reached M-F 9am-5pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.P.S/Examiner, Art Unit 3772 01/07/2026
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772