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 .
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) 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Us 2010/0160838 Krespi et al., hereinafter “Krespi”, in view of US 2006/0024638 Rosenblood et al., hereinafter “Rosenblood”.
Regarding claim 1, Krespi discloses a light-based dental treatment system (Abstract, Para 60, and 68) comprising: a housing (Figure 6, housing of element 10) with a first portion (Figure 6, side of element 12) and a second portion (Figure 6, side of element 30), wherein the second portion has an opening (Figure 6, opening of distal tip 30, better shown in Figure 1, element 6); an energy generator component (Para 30) configured to generate therapeutic light (Para 21-22) and direct the therapeutic light through the opening in the second portion of the housing (Para 147-148); a heat sink (Para 99); and an alignment collet proximate the opening in the second portion of the housing (Figure 7, element 90), the alignment collet configured to secure a delivery shaft assembly to the housing (Para 197 and Figure 7, element 90 secures 64 to the housing 84).
Krespi does not disclose a power source; a heat sink positioned between the housing and the energy generator component to conductively transfer heat away from the energy generator component.
However, Rosenblood discloses a dental light device (Abstract) and teaches a power source (Figure 1d, element 144); a heat sink (Figure 1d, element 120) positioned between the housing and the energy generator component (Figure 1d, heat sink 120 is positioned between elements 144 and 142 and second portion of housing closer to side 165) to conductively transfer heat away from the energy generator component (Para 30 also note that this limitation is an intended use limitation, examiner suggests using “configured to” language).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a heat sink, as taught by Rosenblood, in the invention of Krespi, in order to conducting heat away from the source of generation (Rosenblood; Para 30).
Regarding claim 2, Krespi discloses the heat sink is positioned proximate the second portion of the housing (Para 99).
Regarding claim 3, Krespi discloses all the limitations of claim 1.
Krespi does not disclose the heat sink is metal or ceramic.
However, Rosenblood teaches the heat sink is metal or ceramic (Para 143).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a heat sink made of metal, as taught by Rosenblood, in the invention of Krespi, in order to conducting heat away from the source of generation (Rosenblood; Para 30) and have good thermal conductivity (Rosenblood; Para 143).
Regarding claim 4, Krespi discloses the heat sink includes one or more plates, fins, coils, tubes, or posts (Para 147 and Figure 5, element 34).
Regarding claim 5, Krespi discloses all the limitations of claim 1.
Krespi does not disclose the heat sink comprises control contacts configured to open an electrical path between the power source and the energy generator component to conduct thermal energy away from the energy generator component.
However, Rosenblood teaches the heat sink comprises control contacts (Para 72 and Figure 1C, elements 121) configured to open an electrical path between the power source and the energy generator component to conduct thermal energy away from the energy generator component (Para 30 and 141).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a heat sink with electrical contacts, as taught by Rosenblood, in the invention of Krespi, in order to conducting heat away from the source of generation (Rosenblood; Para 30).
Regarding claim 6, Krespi discloses the energy generator component is configured to generate a first wavelength of light for promoting regeneration of tissue (Para 125, 171, and 236) and a second wavelength of light for providing antimicrobial effects (Para 17, 23, and 171).
Regarding claim 7, Krespi discloses the first wavelength of light is between about 255 nm to 405 nm (Para 171).
Regarding claim 8, Krespi discloses the second wavelength of light is between about 255 nm to about 280 nm (Para 171).
Regarding claim 9, Krespi discloses all the limitations of claim 1.
Krespi does not disclose the power source is a battery.
However, Rosenblood teaches the power source is a battery (Figure 1d, element 144).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a battery, as taught by Rosenblood, in the invention of Krespi, in order to allow the power source to be charged (Rosenblood; Para 158).
Regarding claim 10, Krespi discloses the first portion is a first end (Figure 6, side/end of element 12) and the second portion is a second end (Figure 6, side/end of element 30).
Regarding claim 11, Krespi discloses a light-based dental treatment system (Abstract, Para 60, and 68) comprising: a handle generator (Figure 6, element 12) comprising: a housing (Figure 6, housing of element 10) having a first portion (Figure 6, side of element 12) and a second portion (Figure 6, side of element 30), wherein the second portion has an opening (Figure 6, opening of distal tip 30, better shown in Figure 1, element 6); an energy generator component (Para 30) configured to generate therapeutic light (Para 21-22) and direct the therapeutic light toward the opening in the second portion of the housing (Para 147-148), wherein the energy generator component is configured to generate a first wavelength of light for promoting regeneration of tissue (Para 125, 171, and 236) and a second wavelength of light for providing antimicrobial effects (Para 17, 23, and 171); a heat sink positioned proximate the first portion of the housing (Para 99); and an alignment collet proximate the opening in the second portion of the housing (Figure 7, element 90); a delivery shaft (Figure 7, element 64 and Figure 6, element 14) configured to be selectively coupled with the alignment collet (Para 197 and Figure 7, element 90 secures 64 to the housing 84), the delivery shaft configured to convey the therapeutic light from the handle generator to a treatment location (Figure 6, from 12 to distal tip 30 through shaft 14).
Krespi does not disclose a power source; a heat sink positioned between the housing and the energy generator component to conductively transfer heat away from the energy generator housing.
However, Rosenblood discloses a dental light device (Abstract) and teaches a power source (Figure 1d, element 144); a heat sink (Figure 1d, element 120) positioned between the housing and the energy generator component (Figure 1d, heat sink 120 is positioned between elements 144 and 142 and second portion of housing closer to side 165) to conductively transfer heat away from the energy generator housing (Para 30 also note that this limitation is an intended use limitation, examiner suggests using “configured to” language).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a heat sink, as taught by Rosenblood, in the invention of Krespi, in order to conducting heat away from the source of generation (Rosenblood; Para 30).
Regarding claim 12, Krespi discloses the delivery shaft includes a proximal shaft portion configured to be selectively coupled with the alignment collet (Figure 7, element 64 close to alignment collet 90) and a distal shaft portion having one or more delivery ports configured to broadcast light to the treatment location (Figure 6, element 14 closer to element 30), wherein the distal shaft portion tapers to help facilitate access to the treatment location (This can be seen in Figure 1).
Regarding claim 13, Krespi discloses the delivery shaft includes a proximal shaft portion configured to be selectively coupled with the alignment collet (Figure 7, element 64 close to alignment collet 90) and a distal shaft portion having a plurality of delivery ports configured to broadcast light in more than one direction forming a light broadcast pattern at the treatment location (Para 151).
Regarding claim 14, Krespi discloses the first wavelength of light is between about 255 nm to 405 nm (Para 171).
Regarding claim 15, Krespi discloses the second wavelength of light is between about 255 nm to about 280 nm (Para 171).
Regarding claim 16, Krespi discloses the first wavelength is one of ultraviolet C and blue light (Para 55).
Regarding claim 17, Krespi discloses all limitations of claim 1.
Krespi does not disclose the generator housing includes a lens assembly interposed between the energy generator component and the delivery shaft.
However, Rosenblood teaches the generator housing includes a lens assembly (Figure 1, element 174) interposed between the energy generator component and the delivery shaft (Figure 1, lens 174 is disposed between energy source 170 and the end of the delivery shaft 103).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a lens, as taught by Rosenblood, in the invention of Krespi, in order to focusing the light towards a target surface (Rosenblood; Para 69).
Regarding claim 18, Krespi discloses the alignment collet includes one or more movable shoes, feet, rings, or jaws configured to grasp the delivery shaft (Para 196-197).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
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/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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