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
Applicant's election with traverse of Species C, figures 7-9, claims 1-2, 8-11 and 13 in the reply filed on April 27, 2026 is acknowledged. The traversal is on the ground(s) that the prior art used to show the different species lack the same or corresponding special technical feature does not teach the special technical feature of the removable lever and therefore the election of species is not proper. This is not found persuasive because as highlighted in the restriction requirement the “special technical feature” between the claims is the handle with the holding portion. Specifically it is noted that Species D, claim 14, figure 10, does not require the argued removable lever on the handle. The species were identified as CLAIMED and not disclosed since the application is a 371 application. Therefore, the argued “special technical feature” by the applicant is not the same for all the claims since claim 14 does not claim the removable lever. It is noted that the species is proper and therefore maintained
The requirement is still deemed proper and is therefore made FINAL.
Claims 3-7, 12 and 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.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 April 27, 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 29, 2024 is noted. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-2, 9-11 and 13 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.
With respect to claim 1 in lines 13-14, the applicant claims that device comprises “means for fixing said reservoir to an active end of said handle, which are arranged to make it possible to fix the reservoir preferably removably,”. It is unclear what the applicant is trying to claim with respect to the means being “preferably” removably. Such that is the applicant positively claiming the means being removably or that it is preferred but not required. It is noted that for examination purposes, the limitation is being interpreted as being required, however, the applicant should amend the claim to clarify what is being claimed.
With respect to claim 13, the claimed material within the reservoir is unclear. It is noted that the applicant has claimed the device “for dispensing a pasty or liquid composition” and a reservoir “for the pasty or liquid composition”, but has not positively claimed the composition. Therefore, with respect to claim 13, it is unclear if the applicant is claiming the combination of the device and composition or the subcombiantion of the device that is for use with a composition. It is noted that for examination purposes, the limitation is being interpreted as the combination of the device and composition, however, the applicant should amend the claims to clarify what is being claimed.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
It is noted that the limitation of “means for fixing said reservoir” is being interested under means plus function.
As discussed on page 10 of the specification the means is being interpreted as the snap fit means or equivalents thereof.
Claim Objections
Claim 13 is objected to because of the following informalities: On line 2 of the claim "liquid or pasty material" is believed to be in error for-liquid or pasty composition-. Appropriate correction is required.
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)(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 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rutrough (2,251,206).
Rutrough discloses with respect to claim 1. A device (see fig. 1) for dispensing a pasty or liquid composition intended for medical or dental use (pg. 1, col. 2, ll. 48-55, pg. 2, col. 1, ll. 1-6, such that amalgam is a pasty composition for dental use) comprising a handle 10/5, a reservoir 19 for the pasty or liquid composition, the reservoir being pre-filled or not (pg. 1, col. 2, ll. 48-55, pg. 2, col. 1, ll. 1-6, such that it is pre-filled before use), at least one plunger 17 arranged to slide in the reservoir (see fig. 2, pg. 1, col. 1, ll. 11-19, 33-41), at least one lever 14 arranged to be removably mounted on a mounting portion of the handle (such that portion of handle being the mounting portion is the portion accepting pin 13, pg. 2, col. 1, ll. 7-25, such that all the parts are removable), means for fixing said reservoir to an active end of said handle (pg. 1, col. 2, ll. 20-21, such that the means are threads, fig. 2), which are arranged to make it possible to fix the reservoir, removably, to said active end of said handle (such that the threaded connection is removable, pg. 2, col. 1, ll. 7-25) such that when the reservoir is fixed to the handle, the reservoir forms an angle which the longitudinal axis of the mounting portion of the handle (see fig. 1, such that the longitudinal axis of the mounting portion 13 would be the longitudinal axis of the handle and the reservoir forms an angle, approximately 90 degrees with it), 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 slide in the reservoir along the longitudinal axis thereof and pushes the pasty or liquid composition out of the reservoir (pg. 1, col. 2, ll. 11-21, 33-41, 48-55, pg. 2, col. 1, ll. 1-6).
With respect to claim 13, Rutrough further teaches wherein the device is an endodontic device and wherein the liquid or pasty material is a cement or a paste for filling the root canal system (pg. 1, col. 2, ll. 48-55, pg. 2, col. 1, ll. 1-6, such that amalgam is a pasty composition for filling a root canal, such that the cavity in the tooth is capable of being a root canal).
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 20/19/6 (see fig. 9), 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 removably mounted on a mounted portion of the handle (see fig. 9, such that the spring 20 is the mounting portion of the handle, see par. 4 of translation such that lever 5 is mounted on with screws, therefore, it is removably such that screw are removable) and arranged to cooperate with the plunger 8 (see fig. 9, such that the plunger is connected to the of the lever) to cause said plunger to slide in the reservoir fo 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. 9, 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. 9 such that an angle is formed between the mounting portion and the reservoir, see also figures 4 and 5), 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 slide in the reservoir along the longitudinal axis thereof and push the pasty or liquid composition of if said reservoir (see par. 4 of translation, fig. 9). Pierre teaches the invention as substantially claimed and discussed above, however, does not specifically teach the means for fixing the reservoir to the active end of the handle fixing the reservoir in a removable manner.
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), means 19 for fixing said reservoir to an active end 14 of the handle 13, which are arranged to make it possible to fix the reservoir in a removably manner to the active end of the handle (pg. 2, col. 1, ll. 21-30, col. 2, ll. 24-30, pg. 1, col. 2, ll. 3-12) 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 in order 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 a different embodiment wherein 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). 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 Pierre with the removable lever to include the stopper in order to deliver the composition in the mouth at a different angle. Such that the reservoir and piston are arranged at a different angle relative to the handle.
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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 liquid or pasty composition is 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.
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 5/6/2026
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