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
It is noted that the applicant elected Species C (figs. 7-9). It is noted that the claim amendments to include the option of the lever being removably mounted by clipping is directed towards a non-elected species. It is noted that the claims were examined based on the elected species and the limitation of the lever being removably mounted by inserting an end of the lever into an orifice on the handle. It is noted that the applicant should amend the claim to the it reads only on the elected species.
Claim Objections
Claim 13 is objected to because of the following informalities: On lines 3-4, the limitation “said liquid or pasty material composition” is believed to be in error for -the liquid or pasty composition-. Appropriate correction is required.
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) 1-2, 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierre (FR 930293) in view of Siqveland (2,352,808).
Pierre teaches with respect to claim 1, a device for dispensing a pasty or liquid composition intended for medical or dental use (pars. 3-4 of translation, such that it is an amalgam holder which is a pasty composition for dental use) comprising a handle 6 (see fig. 4), a reservoir 9 for the pasty or liquid composition, said reservoir being pre-filled or not (such that it is filled before use, par. 3, “amalgam-carrying tube 9”), at least one plunger 8 arranged to slide in the reservoir (par. 4), at least one lever 5 arranged to be mounted on a mounted portion of the handle by inserting an end of the lever into an orifice of the handle (see fig. 4, such that the lever 5 is mounted within a cavity of the handle by element 18, see annotated figure below), the lever being arranged to cooperate with the plunger 8 (see fig. 4, such that the plunger is connected to the of the lever) to cause said plunger to slide in the reservoir for the dispensing of the pasty or liquid composition contained wherein when the reservoir and the lever are mounted on the handle (see par. 4 of translation), the reservoir being connected to an active end of the handle (see fig. 4, such that it is connected to the handle), such that when the reservoir is fixed to the handle the reservoir forms an angle with the longitudinal axis of the mounting portion of the handle (see fig. 4 such that an angle is formed between the mounting portion and the reservoir), wherein the lever is arranged to be connected to the plunger such that when the user presses on the lever in a direction of the handle, the plunger slides in the reservoir along the longitudinal axis thereof and pushes the pasty or liquid composition out of said reservoir (see par. 4 of translation, fig. 4). Pierre teaches the invention as substantially claimed and discussed above, however, does not specifically teach the embodiment of figure 4 teaches the lever being removably mounted to the handle. Pierre teaches another embodiment which teaches the lever 5 being secured to the handle with screws, such that it is removably secured to the handle (see fig. 9, par. 4 of translation, such that element 20 is being interpreted as part of the handle). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the embodiment of figure 4 of Pierre which teaches the lever mounted in an orifice of the handle and secured by element to be removably secured in the orifice by screws as taught by the embodiment of figure 9 of Pierre in order to allow for the user to easily change the working end of the tool as desired. Such that it is noted that Pierre teaches several differently shaped working ends/plungers. Such that by modifying the embodiment of figure 4 of Pierre to be removably attached as taught by the embodiment of figure 9, different shaped plungers including a plunger with a rammer can be selected based on the patient’s needs. Further it is noted that it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the embodiment of figure 4 of Pierre to be removably mounted as taught by the embodiment of figure 9 of Pierre since it has been held that construing a formerly integral structure in various elements involves only routine skill in that art (see MPEP 2144.04, V, C). Pierre teaches the invention as substantially claimed and discussed above, however, does not specifically teach a clamp or a retaining hole for removably fixing said reservoir to an active end of the handle.
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Siqveland teaches a device for dispensing a pasty or liquid composition intended for medical or dental use comprising, a handle 13 a reservoir 16 for the pasty or liquid composition (see pg. 2, col. 2, ll. 3-20) being prefilled or not (such that it is prefilled before use), at least one plunger 11 arranged to slide in the reservoir (see figs. 1-3, pg. 2, col. 2, ll. 3-20), at least one lever 12 arranged to be mounted on a mounting portion of the handle 13 (such that it is connected/mounted to portion 11 which is the mounting portion of the handle) and arranged to cooperate with the plunger 17 to cause the plunger to slide in the reservoir for the dispensing of the pasty or liquid composition contained therein when the reservoir and the lever are mounted on the handle (see figs. 1-3, pg. 2, col. 2, ll. 3-20), a clamp or a retaining hole 15/19 for removably fixing said reservoir to an active end 14 of the handle 13 (pg. 2, col. 1, ll. 20-30, such that the receiving hole is also a clamp), wherein when the reservoir is fixed to the handle, the reservoir forms an angle with the respect to the handle (see figs. 1-5), wherein the lever is arranged to be connected to the plunger such that when the user pressed on the lever in the direction of the handle, the plunger slide in the reservoir along the longitudinal axis thereof and pushed the pasty or liquid composition out of the reservoir (see figs. 1-3, pg. 2, col. 2, ll. 3-20). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Pierre to include the removable reservoir as taught by Siqveland to be able to quickly provide more of the composition and easily change the composition as desired.
With respect to claim 2, Pierre/Siqveland teaches the invention as substantially claimed and discussed above, including Pierre further teaching wherein the lever and the plunger are made from a single piece (see figs. 4, 9).
With respect to claim 11, Pierre/Siqveland teaches the invention as substantially claimed and discussed above including Pierre teaching the plunger comprises a stop intended to cooperate with the reservoir in order to limit the travel of the plunger 8 in the reservoir 9 (see figs. 4-5, annotated figure below, such that the plunger has a flange extending on one side connected it to the lever 5).
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With respect to claim 13, Pierre/Siqveland teaches the invention as substantially claimed and discussed above, including Pierre further teaching wherein the device is an endodontic device (see pars 4-5 of translation such that it is used to fill cavities in teeth and therefore can be used in an endodontic procedure making it an endodontic tool) and wherein the device is prefilled with the liquid or pasty composition in the form of a cement or paste for filling the root canal system (see pars. 4-5 of translation such that amalgam is a paste that can be used for filling the root canal).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierre (FR 930293) in view of Siqveland (2,352,808) as applied to claim 2 above, and further in view of Simonton et al. (2010/0114075).
With respect to claim 8, Pierre/Siqveland teaches the invention as substantially claimed and discussed above, however, does not specifically teach the lever and the plunger are made from nickel titanium.
Simonton teaches a device for dispensing a pasty or liquid composition intended for medical or dental use comprising a lever and plunger (par. 9, such that the plunger includes a handle, i.e. a lever and a tip which is the plunger).
With respect to claim 8, Simonton further teaches wherein the lever and the plunger are made from nickel titanium (see par. 81). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the material of the lever and plunger as taught by Pierre/Siqveland with the nitinol taught by Simonton since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierre (FR 930293) in view of Siqveland (2,352,808) in view of Simonton et al. (2010/0114075) as applied to claim 8 above, and further in view of Reiber (EP 1306123).
Pierre/Siqveland/Simonton teaches the invention as substantially claimed and discussed above, however, does not specifically teach wherein at least the lever or the plunger comprises a portion with a variable section which is characterized by sections which have a size and/or diameter which is smaller than the size and/or diameter of a section of the rest of the lever or plunger so as to obtain the deformation and flexibility of the lever and/or of the plunger which are necessary so that when the user presses on the lever in the direction of the handle, the plunger slides in the reservoir along the longitudinal axis thereof and pushes the pasty or liquid composition out of said reservoir and wherein the portion(s) with a variable section is/are a portion with a helicoidal section.
Reiber teaches a device for dispensing a pasty or liquid composition intended for medical or dental use comprising a reservoir 7 for the pasty or liquid composition, at least one plunger 15/16 arranged to slide in the reservoir, at least one lever 9 arranged to cooperate with the plunger to cause the plunger to slide in the reservoir for the dispensing of the pasty or liquid composing contained therein (par. 17 of translation, fig. 4).
Reiber further teaches with respect to claim 9 wherein at least the plunger comprises a portion 16 with a variable section which is characterized by sections which have a size and/or diameter which is smaller than the size and/or diameter of a section of the rest of the plunger so as to obtain the deformation and flexibility of the plunger which are necessary so that when the user presses on the lever, the plunger slides in the reservoir along the longitudinal axis thereof and pushes the pasty or liquid composition out of said reservoir (see fig. 4, pars. 8, 13, 17 of translation).
With respect to claim 10, Pierre/Siqveland/Simonton/Reiber teaches the invention as substantially claimed and discussed above including Reiber further teaching wherein the portion with a variable section is a portion with a helicoidal section (see fig. 4, pars. 16).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the plunger of Pierre/Siqveland/Simonton with the compressible helicoidal section taught by Reiber in order to allow for proper mixing of the composition as desired.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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's arguments filed August 12, 2026 have been fully considered but they are not persuasive.
The applicant argues that the prior art of Pierre does not teach the lever mounted in an orifice as claimed. However, it is noted that a different embodiment of Pierre has been used to teach the new limitation then the embodiment used in the previous office action. Therefore, the applicants arguments are moot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Sibley for teaching a lever C removably secured to a handle A (such that it is secured with screw b2).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 9/29/2026
