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 .
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 “one side of the single third optical fiber is disposed to protrude from the internal space of the second portion of the probe case” of claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It appears, based on Fig. 9-10, that the language was meant to state the one side is disposed within the internal space and will be treated as such for purposes of examination.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-9 make recitations to “the other side” without establishing a first side or establishing antecedent basis for “the other side”. For example, claim 1 recites the limitation “the other side of the single first optical fiber” and "the other side of the plurality of second optical fibers” in the last paragraph and claim 2 recites the limitation “the other side of the single third optical fiber”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 is unclear as detailed above, particularly since no first side was established.
Claim 5 recites the diameter of components being 0.5 pi, 0.25 pi, and 1.0 pi (equivalent to 0.5x3.14, 0.25x3.14, and 1.0x3.14), but does not say what the system of units of measurement are (i.e. are these in inches, millimeters, etc).
Claims 6, 8-9 all refer to “one side…”, making it unclear exactly which side this is meant to refer to and if it is meant to be different from previously recited “one side…”. It is suggested to establish distal and proximal ends of the device and relate these sides to distal or proximal ends of the components.
Claim 6 recites “has both sides of a convex curve shape”, which is unclear what this means. Is it referring to both the outside convex shape and the inside concave shape, or that multiple portions of the case have convex shapes, or something else. For purposes of examination, this will be treated as sides each having a convex shape.
Claim 8 recites “a middle side”, which is unclear since both ends would be sides, but a middle would not be considered a side. This will be interpreted as referring to a middle portion.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US 2003/0011768).
Jung shows an oral diagnostic device (generally in Fig. 1, with the cordless embodiment shown in Fig. 35-36), comprising a device main body that includes an optical transmitting and receiving module ([0223]-[0225] discuss including the previous components therein, so reference will be made to the diagrams of earlier figures such as Fig. 1 having the optical transmitting and receiving module with light sensors 8 and light source 11); and a probe that is detachably coupled to the device main body (506/508 or the more specific detachable coupling of 340/342 in Fig. 23A), irradiates irradiated light received from the optical transmitting and receiving module into an oral cavity (from 346 to 340 and into oral cavity), receives reflected light from the irradiated light reflected from the oral cavity (source and receiver fiber optics 348), and transmits the received reflected light to the optical transmitting and receiving device (see diagram Fig. 1 for the connections between components), wherein the optical transmitting and receiving module includes an optical element module including a light-emitting element (11 of Fig. 1) and a light-receiving element (8 of Fig. 1), a single first optical fiber that transmits the irradiated light generated by the light-emitting element to the probe (see S - light source fiber optic in Fig. 2 or Fig. 10A, 28A-B for instance), and a plurality of second optical fibers that transmit the reflected light received from the probe to the light-receiving element (see R – light receiver fiber optics in Fig. 2 and alternative arrangements in Fig. 10A, 28A-B for instance), and wherein the other side of the single first optical fiber and the other side of the plurality of second optical fibers are coupled to each other to form an optical fiber coupling part (see 112 above, however Fig. 23A shows this best where they are bundled at 346 and separated to go to respective modules at 348; [0131]). With respect to claim 2, wherein one side of the single first optical fiber is disposed on the light-emitting element side (as seen in the above cited Figures), and one side of each of the plurality of second optical fibers is disposed on the light-receiving element side (as seen in the above cited Figures), and wherein the probe includes a single third optical fiber (340 which is a single optical fiber formed from fused together fibers; more detail in [0132] and [0133] as to the fusing to form a single fiber), one side of the single third optical fiber is disposed adjacent to the optical fiber coupling part (Fig. 23A), and the other side of the single third optical fiber irradiates the irradiation light and receives the reflected light (at left end of Fig. 23A). With respect to claim 3, wherein the optical fiber coupling part is composed of a central area where the single first optical fiber is disposed (best seen at A in Fig. 28A) and an edge area where the plurality of second optical fibers are disposed (B, C, and/or D in Fig. 28A). With respect to claim 4, wherein a size of each of the plurality of second optical fibers is smaller than that of the single first optical fiber (Fig. 28A for instance; [204]-[206]), and wherein a diameter of the single third optical fiber is larger than that of the single first optical fiber and that of the plurality of second optical fibers (340 shown larger than the fiber optics 348, and would need to be so in order to abut all the fiber optics within the bundle, such as shown in Fig. 28A). With respect to claim 5, wherein each of the single first optical fiber, the plurality of second optical fibers, and the single third optical fiber has a circular cross-section, wherein the diameter of the single first optical fiber is 0.5 π, wherein the diameter of each of the plurality of second optical fibers is 0.25 π, and wherein the diameter of the single third optical fiber is 1.0 π (see 112 rejection above, however the comparison between the values is in line with the relative sizes as detailed above in claim 4). With respect to claim 6, wherein the optical transmitting and receiving module further includes a module case (interior of Fig. 35) that accommodates the optical element module, the single first optical fiber, and the plurality of second optical fibers (all components therein), wherein the module case includes a first portion of the module case in which the optical device module, one side of the single first optical fiber, and one side of the plurality of second optical fibers are disposed (first portion relates to the portion of Fig. 35 that contains these components), and has both sides of a convex curve shape (particularly at the left side of 500 in Fig. 35 with the convex shapes of the corners), and wherein one side of the single first optical fiber and one side of the plurality of second optical fibers are disposed in a curved shape along both sides of the first portion of the module case (Fig. 23A for instance shows the fiber optics spreading out/curved out to reach their respective modules). With respect to claim 7, wherein the device main body further includes a main body case that accommodates the optical transmitting and receiving module (main body 500 in Fig. 35 for instance), wherein the main body case includes a first portion of the main body case held by a user (portion of 500 held by a user) and a second portion of the main body case protruding from the first portion of the main body case (portion extending away to the right or left in Fig. 35), wherein the module case further includes a second portion of the module case where the optical fiber coupling part is disposed (end of the module case at 346 in Fig. 23A for instance), wherein the first portion of the module case is disposed inside the first portion of the main body case, and wherein the second portion of the module case is disposed inside the second portion of the main body case (346 would be at the left end of Fig. 35 and corresponds to the second portion of the main body case 500), and the probe is coupled to an outer surface of the second portion of the main body case (506 to 500 in Fig. 35 or 340/342/344 in Fig. 23A).
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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Jung.
Jung discloses the device as previously described above, but fails to show the probe case 342 as part of the probe 340 and rather as part of the handpiece 344. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Jung by rearranging the probe case to be on the probe 340 as this would have simply been a rearrangement of parts that would not have modified the operation of the device delivering and receiving light from the probe to the handpiece (MPEP 2144.04 VI C; it is also noted that [131] discusses other suitable fittings). With respect to claim 8, wherein the probe further includes a probe case (342 in rearrangement above) that accommodates the single third optical fiber (Fig. 23A), wherein the probe case includes a first portion of the probe case that accommodates a middle side of the single third optical fiber (see 112 above, however 342 receives a middle portion of 340 as seen in Fig. 23A) and a second portion of the probe case that accommodates one side of the single third optical fiber (right side of 342 in Fig. 23A) and has an internal space corresponding to a shape of the second portion of the main body case (interior of 342 to the right of the middle portion that has corresponding shape in order to interface with handpiece), wherein the other side of the single third optical fiber is disposed to protrude from the first portion of the probe case (see 112 above; right side of 340 extends into internal space of 342), and wherein the second portion of the probe case is coupled to the second portion of the main body case in a fitting shape (fitting as seen in Fig. 23A). With respect to claim 9 (see 112 and drawing objection above), as best understood by the Office, wherein an opening is formed on one side surface of the second portion of the main body case (left side in Fig. 23A has the opening), wherein, when the probe is not coupled to the second portion of the main body case, one side of the single third optical fiber is disposed to protrude from the internal space of the second portion of the probe case (see 112 above, but shown protruding into the internal space of 342 in Fig. 23A), and wherein, when the probe is coupled to the second portion of the main body case, one side of the single third optical fiber passes through the opening and is disposed adjacent to the optical fiber coupling part inside the second portion of the main body case (Fig. 23A; alternatively, a connection such as Fig. 8B similarly shows the receiving of the fiber into a second portion).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, 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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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772