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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu (US 20240261077 A1).
Re. Claim 1, Ryu discloses a dental treatment system for locating the apex of a tooth of a patient (Abstract; Fig. 1.b and 3 where it should be noted that the embodiment of Fig. 3 with regards to the diffusion material arrangement will be used), the system comprising:
a lip clip (200) comprising a first electrode attachable to the lip of the patient (Par. 69-70);
a motorized handheld dental device (300) comprising a housing (100) which comprises:
a rotating hub configured to receive an endodontic file to be inserted in the root canal of the tooth of the patient (Par. 58-59; Annotated Figure A of Fig. 1 where it should be noted that the file is rotatable and is inserted to the drill at the head where it is held and rotated);
an illuminating means (120a/410; see Fig. 3) which is configured to emit visible light (par. 67) and mounted into the housing at a location such that it illuminates the distal end of the endodontic file (Abstract and Par. 67; Fig. 1 and 3 where Fig. 3 shows the neck of the handpiece in which the endodontic file is located. The file is found to be connected to the housing with the illuminating means by the distal end and as such the illuminating means is mounted into the housing at a location such that it illuminates the distal end of the endodontic file. It is disclosed that element 120a is a diffusion material which would diffuse the LED light from the light source. The illuminating means would provide light at/illuminate the distal end of the file by scattering the light emitted from the light source);
an electrical measurement unit which is connectable to both the lip clip and the motorized handheld dental device, and further configured to locate the apex of the tooth based on a measurement of the electrical impedance (Abstract; Par. 70-72, 76 and 84-85 discloses the usage of a module configured to locate the apex of the tooth based on a measurement of the electrical impedance. It is disclosed that the values are determined based on the lip hook being the ground electrode and the file being the connection electrode); and
an optical output unit configured to output a signal indicative of the located apex based on the measurement of the electrical measurement unit, wherein the signal changes the illumination state of the illuminating means in accordance with the distance of the endodontic file to the apex (Par. 14; Par. 85-86).
Ryu also discloses that the file can act as a connection electrode (Par. 80-81). Further, Ryu discloses that the file itself is electrically connected through the handpiece by the first terminal/connection terminal (Par. 76, 80-81).
As such, it would have been obvious to someone skilled in the art before the effective filing date to have a second electrode be the wire that allows the first terminal connector and the connector to be electrically connected to the first terminal angle as it provides the file to receive the electricity to be a connection electrode. Thus, it would provide teaching of the electrical measurement unit to locate the apex of the tooth based on a measurement of the electrical impedance between the first electrode and the second electrode. This is because the second electrode would provide the electrical connection to the file to be used to read the particular impedance.
Further, Ryu discloses in the embodiment shown in Fig. 4-5 and in Par. 94-95 that the LED light source is facing towards the working area in the oral cavity.
As such, it would have been obvious to someone skilled in the art before the effective filing date to have the illuminating means of Ryu to illuminate the working area in the oral cavity to provide a clear vision of the worksite.
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Annotated Figure A
Re. Claim 2, Ryu discloses the dental treatment system according to claim 1, wherein the illumination state includes a color of the visible light emitted by the illuminating means (Par. 85-86).
Re. Claim 3, Ryu discloses the dental treatment system according to claim 1 wherein the housing has comprises:
a grip portion (310; Annotated Figure B of Fig. 1);
a head portion (Annotated Figure B of Fig. 1) which includes the rotating hub (Annotated Figure B of Fig. 1); and
a neck portion (Annotated Figure B of Fig. 1) between the grip portion and the head portion (Annotated Figure B of Fig. 1), wherein the illuminating means is mounted into the neck portion (Fig. 3; Annotated Figure C of Fig. 3).
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Annotated Figure B
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Re. Claim 4, Ryu discloses the dental treatment system according to claim 1, wherein the illuminating means has comprises one LEDs (Abstract; Fig. 1; Par. 56).
Re. Claim 5, Ryu discloses the dental treatment system of claim 1, wherein the illuminating means is configured to illuminate the root canal of the tooth (Par. 94-95 discloses the positioning of the LED would be towards the worksite and as such is fully capable of illuminating the root canal of the tooth).
Re. Claim 6, Ryu discloses the dental treatment system of claim 5, wherein the change in state comprises an on/off state (Par. 94 discloses comprising a switch which can turn the LED light source on and off).
It would have been obvious to someone skilled in the art before the effective filing date to have the system of Ryu to include a switch to turn the illuminating source on and off.
Re. Claim 7, Ryu discloses the dental treatment system of claim 5, wherein the change in state comprises a change in color (Par. 85-86).
Re. Claim 8, Ryu discloses the dental treatment system of claim 1, wherein the illuminating means is mounted into the housing on a side facing the working area (Fig. 4-5; Par. 94-95).
Re. Claim 9, Ryu discloses the dental treatment system of claim 1, wherein the illuminating means is mounted into the housing in proximity to the rotating hub (Fig. 3 where the housing is element 100; Abstract and Par. 67; Fig. 1 and 3 where Fig. 3 shows the neck of the handpiece in which the endodontic file is located. The file is found to be connected to the housing with the illuminating means by the distal end and as such the illuminating means is mounted into the housing at a location such that it illuminates the distal end of the endodontic file. It is disclosed that element 120a is a diffusion material which would diffuse the LED light from the light source. The illuminating means would provide light at/illuminate the distal end of the file by scattering the light emitted from the light source).
Re. Claim 10, Ryu discloses the dental treatment system of claim 1, wherein the illuminating means surrounds the rotating hub (It should be noted that applicant does not claim the illuminating means surrounds the rotating hub entirely. In this instance shown in Fig. 3-5, it shows the illuminating means surrounds a portion of the rotating hub).
Re. Claim 11, Ryu discloses the dental treatment system of claim 1, further comprising a fiber optic element to diffuse at least part of the light emitted by the illuminating means (Par. 66-67; 120a).
Re. Claim 12, Ryu discloses a dental treatment system for locating the apex of a tooth of a patient (Abstract; Fig. 1.b and 3 where it should be noted that the embodiment of Fig. 3 with regards to the diffusion material arrangement will be used), the system comprising:
a lip clip (200) comprising a first electrode attachable to the lip of the patient (Par. 69-70);
a motorized handheld dental device (300) comprising a housing (100) which comprises:
a rotating hub configured to receive an endodontic file to be inserted in the root canal of the tooth of the patient (Par. 58-59; Annotated Figure A of Fig. 1 where it should be noted that the file is rotatable and is inserted to the drill at the head where it is held and rotated);
an illuminating means (120a/410; see Fig. 3) which is configured to emit visible light (par. 67) and mounted into the housing at a location such that it simultaneously illuminates the distal end of the endodontic file (Abstract and Par. 67; Fig. 1 and 3 where Fig. 3 shows the neck of the handpiece in which the endodontic file is located. The file is found to be connected to the housing with the illuminating means by the distal end and as such the illuminating means is mounted into the housing at a location such that it illuminates the distal end of the endodontic file. It is disclosed that element 120a is a diffusion material which would diffuse the LED light from the light source. The illuminating means would provide light at/illuminate the distal end of the file by scattering the light emitted from the light source), and provides visual feedback to an operator regarding the distance of the endodontic file to the apex through changes in illumination state (Par. 85-86);
an electrical measurement unit which is connectable to both the lip clip and the motorized handheld dental device, and further configured to locate the apex of the tooth based on a measurement of the electrical impedance (Abstract; Par. 70-72, 76 and 84-85 discloses the usage of a module configured to locate the apex of the tooth based on a measurement of the electrical impedance. It is disclosed that the values are determined based on the lip hook being the ground electrode and the file being the connection electrode); and
an optical output unit configured to output a signal indicative of the located apex based on the measurement of the electrical measurement unit, wherein the signal changes the illumination state of the illuminating means in accordance with the distance of the endodontic file to the apex (Par. 14, and 85-86).
Ryu also discloses that the file can act as a connection electrode (Par. 80-81). Further, Ryu discloses that the file itself is electrically connected through the handpiece by the first terminal/connection terminal (Par. 76, 80-81).
As such, it would have been obvious to someone skilled in the art before the effective filing date to have a second electrode be the wire that allows the first terminal connector and the connector to be electrically connected to the first terminal angle as it provides the file to receive the electricity to be a connection electrode. Thus, it would provide teaching of the electrical measurement unit to locate the apex of the tooth based on a measurement of the electrical impedance between the first electrode and the second electrode. This is because the second electrode would provide the electrical connection to the file to be used to read the particular impedance.
Further, Ryu discloses in the embodiment shown in Fig. 4-5 and in Par. 94-95 that the LED light source is facing towards the working area in the oral cavity.
As such, it would have been obvious to someone skilled in the art before the effective filing date to have the illuminating means of Ryu to illuminate the root canal within the oral cavity to provide a clear vision of the worksite.
Re. Claim 13, Ryu discloses a dental treatment system for locating the apex of a tooth of a patient (Abstract; Fig. 1.b and 3 where it should be noted that the embodiment of Fig. 3 with regards to the diffusion material arrangement will be used), the system comprising:
a lip clip (200) comprising a first electrode attachable to the lip of the patient (Par. 69-70);
a motorized handheld dental device (300) comprising a housing (100) which comprises:
a rotating hub configured to receive an endodontic file to be inserted in the root canal of the tooth of the patient (Par. 58-59; Annotated Figure A of Fig. 1 where it should be noted that the file is rotatable and is inserted to the drill at the head where it is held and rotated);
an illuminating means (120a/410; see Fig. 3) which is configured to emit visible light and mounted into the housing in proximity to the rotating hub (Fig. 3 where the housing is element 100), wherein the illuminating means is positioned to emit visible light outwardly from the housing toward the distal end of the endodontic file (Abstract and Par. 67; Fig. 1 and 3 where Fig. 3 shows the neck of the handpiece in which the endodontic file is located. The file is found to be connected to the housing with the illuminating means by the distal end and as such the illuminating means is mounted into the housing at a location such that it illuminates the distal end of the endodontic file. It is disclosed that element 120a is a diffusion material which would diffuse the LED light from the light source. The illuminating means would provide light at/illuminate the distal end of the file by scattering the light emitted from the light source);
an electrical measurement unit which is connectable to both the lip clip and the motorized handheld dental device, and further configured to locate the apex of the tooth based on a measurement of the electrical impedance (Abstract; Par. 70-72, 76 and 84-85 discloses the usage of a module configured to locate the apex of the tooth based on a measurement of the electrical impedance. It is disclosed that the values are determined based on the lip hook being the ground electrode and the file being the connection electrode); and
an optical output unit configured to output a signal indicative of the located apex based on the measurement of the electrical measurement unit, wherein the signal changes the illumination state of the illuminating means in accordance with the distance of the endodontic file to the apex (Par. 14; Par. 85-86).
Ryu also discloses that the file can act as a connection electrode (Par. 80-81). Further, Ryu discloses that the file itself is electrically connected through the handpiece by the first terminal/connection terminal (Par. 76, 80-81).
As such, it would have been obvious to someone skilled in the art before the effective filing date to have a second electrode be the wire that allows the first terminal connector and the connector to be electrically connected to the first terminal angle as it provides the file to receive the electricity to be a connection electrode. Thus, it would provide teaching of the electrical measurement unit to locate the apex of the tooth based on a measurement of the electrical impedance between the first electrode and the second electrode. This is because the second electrode would provide the electrical connection to the file to be used to read the particular impedance.
Further, Ryu discloses in the embodiment shown in Fig. 4-5 and in Par. 94-95 that the LED light source is facing towards the working area in the oral cavity.
As such, it would have been obvious to someone skilled in the art before the effective filing date to have the illuminating means of Ryu to illuminate the root canal in the oral cavity to provide a clear vision of the worksite.
Response to Arguments
Argument #1: Applicant argues that the device of Ryu does not illuminate the working area in the oral cavity and output a signal indicative of the located apex based on the measurement of the electrical measurement unit. Applicant argues that the LED is faced away from the direction of the file.
Response #1: Applicant’s argument is found to not be persuasive as it is found that Ryu does teach the LED facing towards the direction of the file. Par. 94-95 discloses the method of holding the device where it found that index finger would be pressing the switch to input the signal desired. Further, it is disclosed that the thumb, index finger and middle finger is used to grip the tool. It is found that because the index finger is fused to operate the switch, and those particular fingers are used to hold the tool, it would result in the LED/switch to be in the direction of the file. Further, Ryu is found to teach the optical output unit being configured to output a signal indicative of the located apex based on the measurement of the electrical measurement unit as disclosed in Par. 14, and 85-86.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772