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 .
Election/Restrictions
Claims 6-11 and 13 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 9, 2025.
Applicant's election with traverse of Species A, claims 1-5 and 12 in the reply filed on December 9, 2025 is acknowledged. The traversal is on the ground(s) that the claims be retained in the application pending disposition of the case for the possible filing of a divisional application. This is not found persuasive because as the applicant has not argued that elections of species was improper, only that the applicant wishes to retained the claims in the application. It is noted that the claims are retained in the application but in a withdrawn status.
The requirement is still deemed proper and is therefore made FINAL.
It is noted that claims 6-7 were originally improperly grouped with Species A, but upon further review belong to species B. A telephone call to Jay Franklin on 1/27/2026 was conducted to confirm election of the identified species and corresponding claims. Therefore, claims 6-7 are with drawn as identified above as belonging to the non-elected species.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2008 023 842.
With respect to claim 1, DE discloses a handpiece assembly (see fig. 1) comprising a handpiece 3, a fluid tube 2 connected to the handpiece and formed to allow fluid to flow therein (see highlighted region on pg. 2 of translation, such that the tube is a supply line which is formed to allow fluid to flow therein), and a swing arm 20 (see figs. 5-7) formed to support the fluid tube and be bent in a bending direction as the handpiece is pulled (see figs. 5-7, see highlighted sections on pgs. 2-3 of the translation), wherein the swing arm includes a continuous member formed to extend continuously along a longitudinal direction (see highlighted sections on pgs. 2-3 of the translation, such that the continuous member is a spring member), a plurality of individual members 21/22/23 coupled to the continuous member and distinct from each other (see figs. 5-7, see highlighted sections on pgs. 2-3 of the translation, such that the spring member is at least directly coupled to members 21/22 and therefore element 23 is indirectly coupled to the elongate member, therefore, the individual members are coupled to the continuous member as claimed), and a pair of adjacent individual members of the plurality of individual defines a separation space to allow the bending of the continuous member along the bending direction (see figs. 5-7, such that there is a space between each of the adjacent members 21/23/22 and the elongated member, i.e. the spring, would bend when the members are moved relative to each other as seen in figs. 5-7).
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) 2-4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2008 023 842 as applied to claim 1 above, and further in view of Berry (2020/0330183).
DE discloses the invention as substantially claimed and discussed above in detail, however, does not specifically teach with respect to claim 2, wherein the continuous member includes a rod and the plurality of individual members are coupled to the rod in a state in which the plurality of individual members are stacked.
Berry teaches a handpiece assembly comprising a handpiece 168, a fluid tube 166 connected to the handpiece 168 and formed to allow fluid to flow therein (see fig. 2, pars. 40, 42), a swing arm 136 formed to support the fluid tube and be bent in a bending direction as the handpiece is pulled (see fig. 8, par. 52), wherein the swing arm includes a continuous member 184/180/186 formed to extend continuously along a longitudinal direction (see fig. 4), a plurality of individual members 170/176/178/172, the individual members allow the bending of the continuous member along the bending direction (see fig. 8, par. 52). With respect to claim 2, Berry further teaches wherein the continuous member includes a rod 184/186 and the plurality of individual members are coupled to the rod in a state in which the plurality of individual members are stacked (see figs. 4-5, 8). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the continuous member taught by DE with the continuous member comprising the rod as taught by Berry in order to quickly and easily assembly the individual members together and to prevent the spring assembly from rotation (see par. 44 of Berry).
With respect to claim 3, DE/Berry teaches the invention as substantially claimed and discussed above, DE further teaches the individual members include a body part and a leg part located at a rear side in the bending direction of the body part (see annaoted figure below) and the separation space is a space between a pair of the adjacent body parts of the plurality of individual members, however, does not specifically teach the rod is connected to the body part.
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Berry further teaches the individual members include a body part to which the rod is coupled by penetrating through the body part and a leg part located at a rear side in the bending direction of the body part (see annaoted figure below). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the connection of the rod to the individual members taught by DE with the connection of the rod as taught by Berry in order to quickly and easily assembly the individual members together and to prevent the spring assembly from rotation (see par. 44 of Berry).
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With respect to claim 4, DE/Berry teaches the invention as substantially claimed and discussed above, including Berry further teaches the rod includes a first extension and a second extension (see figs. 4-5, such that one extension is on the left side and the second extension is on the right side) arranged side by side (see fig. 5), and a joint 165 connecting the first extension and the second extension (par. 47, such that element 165 connects the two sides and is flexible and therefore a joint). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify DE with the rods and joint as taught by Berry in order to enclose the bending portion to protect the elongated member and provide a hygienic device.
With respect to claim 12 DE teaches the invention as substantially claimed and discussed above including the handpiece assembly installed on a doctor table according to claim 1 (see fig. 1 , however, does not specifically teach a dental unit chair comprising a seat formed to support a patient, a doctor table located on one side of the seat and a body formed to provide the fluid to the fluid line. Berry teaches a seat 112 formed to support a patient, a doctor table 152/130 located on one side of the seat (see fig. 10, the handpiece assembly as discussed in detail above with respect to claim 1 and a body formed to provide the fluid to the fluid supply line (par. 40). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the doctor table and handpiece assembly of DE to includes a chair and body as taught by Berry in order to be able to comfortably treat a patient with the handpiece assembly.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2008 023 842 in view of Berry (2020/0330183) as applied to claim 2 above, and further in view of Muhlbauer et al. (2004/00111816).
With respect to claim 5, DE/Berry teaches the invention as substantially claimed and discussed above, including Berry further teaches the swing arm further includes a frame 165 to which the continuous member is coupled (par. 47) and the frame includes a part into which the rod is inserted in (see fig. 4, such that the continuous member 180/184/186 is inserted into the slots), however, does not specifically teach the frame includes a hook part into which the rod is inserted in a snap-fit manner.
Muhlbauer teaches a dental device comprising a frame 4 to which a continuous member 13 is coupled and the frame includes a hook part 30 into which the rod 13 is inserted in a snap-fit manner (see par. 45). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify DE/Beery with the frame to include a hook to allow for snap fit connection to the rod as taught by Muhlbauer in order to provide a quick are easy connection between the parts and provides feedback to the user to ensure proper connection of the parts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 1/27/2026