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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
the bite pad comprises a metal core encapsulated by an exterior shell of claim 10;
the metal core includes a breaking region off-set from the exterior shell region of reduced thickness of claim 13;
the bite pad comprises a metal core encapsulated by an exterior shell of claim 15;
the metal core includes a breaking region off-set from the exterior shell region of reduced thickness of claim 18
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-9, 14, and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Perry (US 20240156568).
Regarding Claim 1, Perry discloses an endodontic tissue retractor (102; figures 1a-1g), comprising: a bite pad (106-1; figure 1b) having a proximal end (see illustrated figure 1b) and a distal end (see illustrated figure 1b); a tooth registration block (see illustrated figure 1b; paragraphs [0049] and [0053]; figure 1b depicts the illustrated tooth registration block as a separate structure from the bite pad (106) and the arm (illustrated below) as it curves and becomes what is the base of the dinosaur. Further, the Examiner notes the portion illustrated below, shown in figure 1e, and in paragraph [0053] has Protrusions 114 which contact the interior of cheek ) connected to the distal end of the bite pad (figure 1b); an arm (see illustrated figure 1b) having a proximal end (figure 1b) and distal end (figure 1b), wherein the proximal end (figure 1b) is connected to the tooth registration block such that the tooth registration block is between the bite pad and the arm (figure 1b); a cheek retractor (104b; figure 1b; figure 1d shows the user pulling their hand to pull on the cheek to retract it) having a proximal end (figure 1b), a distal end (figure 1b) and a length (see illustrated figure 1b), the length defining a top edge (see illustrated figure 1b; figure 1e) and a bottom edge (see illustrated figure 1b; figure 1e), wherein the distal end of the cheek retractor is connected to the distal end of the arm (figure 1b); and at least one cheek catch (see illustrated figure 1b; figure 1d; paragraph [0062]-[0063], the Examiner notes that while not explicitly disclosed to catch the cheek, as shown in Figure 1D the structure is capable of doing such) extending from the top edge of the cheek retractor (figure 1b).
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Regarding Claim 2, Perry discloses the device of Claim 1. Perry discloses a jawbone registration element (see illustrated figure 1b; as shown above, the illustrated jawbone registration element is separate from the arm and the cheek retractor due to the curvature and further shown in figure 1d) connected to the distal end of the cheek retractor (figure 1b; the identified element is of a structure that can register with a jawbone; i.e. engage the jaw bone).
Regarding Claim 3, Perry discloses the device of Claim 1. Perry discloses the bite pad, arm, cheek retractor and at least one cheek catch are bendable (paragraph [0006] discloses it is flexible) and shape-holding (paragraph [0059] discloses the device can be made of rubber which is shape-holding).
Regarding Claim 4, Perry discloses the device of Claim 1. Perry discloses the arm has a shoulder region (see figure 1b) at the proximal end, such that the width of the arm decreases distally across the shoulder region (figure 1b).
Regarding Claim 5, Perry discloses the device of Claim 4. Perry discloses the proximal end of the cheek retractor is adjacent but not in contact with the proximal shoulder region of the arm (see illustrated figure 1b; the examiner notes that the regions are separated by the bottom of the dinosaur’s mouth).
Regarding Claim 6, Perry discloses the device of Claim 1. Perry discloses the bite pad, arm and cheek retractor have a flat profile in the same plane when unbent (Figures 1a, 1b, and 1d displays the elements are coplanar).
Regarding Claim 8, Perry discloses the device of Claim 6. Perry discloses the at least one cheek catch extends in the same plane as the cheek retractor when unbent (figures 1a-1b and 1d).
Regarding Claim 9, Perry discloses the device of Claim 1. Perry discloses the bite pad, tooth registration block, arm and cheek retractor are a single unit (figure 1a).
Regarding Claim 14, Perry discloses a tissue retractor (102; figures 1a1-g), comprising: a bite pad 9106; figure 1b); a cheek retractor (see illustrated figure 1b); an arm (see illustrated figure 1b) between the bite pad and the cheek retractor (see illustrated figure 1b); and a tooth registration block (see illustrated figure 1b; paragraphs [0049] and [0053]; figure 1b depicts the illustrated tooth registration block as a separate structure from the bite pad (106) and the arm (illustrated below) as it curves and becomes what is the base of the dinosaur. Further, the Examiner notes the portion illustrated below, shown in figure 1e, and in paragraph [0053] has Protrusions 114 on the illustrated tooth registration block which contact the interior of cheek) between the bite pad and the arm(see illustrated figure 1b); wherein the bite pad, cheek retractor and arm are bendable and shape-holding (paragraph [0059] discloses the device is composed of rubber which has those inherent qualities).
Regarding Claim 19, Perry discloses the device of Claim 14. Perry discloses a jawbone registration element(see illustrated figure 1b; as shown above, the illustrated jawbone registration element is separate from the arm and the cheek retractor due to the curvature and further shown in figure 1d) connected to the cheek retractor.
Regarding Claim 20, Perry discloses the device of Claim 14. Perry discloses at least one cheek catch (see illustrated figure 1b) extending from the cheek retractor.
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.
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Perry (US 20240156568) in view of Shih et al. (US 20100291503, hereinafter Shih).
Regarding Claim 10, Perry discloses the device of Claim 1. Perry does not disclose the bite pad comprises a metal core encapsulated by an exterior shell.
Shih discloses an endodontic retractor comprising: a bite pad ( figure 1); the bite pad comprises a metal core encapsulated by an exterior shell (paragraph [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the structure of the bite block of Perry to have disclose the bite pad comprises a metal core encapsulated by an exterior shell as taught by Shih in order to be more resistant to deformation.
Regarding Claim 15, Perry discloses the device of Claim 14. Perry does not disclose the bite pad comprises a metal core encapsulated by an exterior shell.
Shih discloses an endodontic retractor comprising: a bite pad ( figure 1); the bite pad comprises a metal core encapsulated by an exterior shell (paragraph [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the structure of the bite block of Perry to have disclose the bite pad comprises a metal core encapsulated by an exterior shell as taught by Shih in order to be more resistant to deformation.
Allowable Subject Matter
Claims 7, 11-13 and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Perry does not disclose nor render obvious: the bite pad comprises at least one frangible tab at the distal end of the bite pad; the at least one frangible tab comprises a region of reduced thickness of the exterior shell; the metal core includes a breaking region off-set from the exterior shell region of reduced thickness; or the tooth registration block protrudes outwardly from the plane of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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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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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772