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 .
Allowable Subject Matter
The indicated allowability of claims 1-9 and 11-18 is withdrawn in view of the newly discovered references to Betre et al. (CN 102458299 B), Majidi (US 10828134 B1). Rejections based on the newly cited references follow.
Claim Objections
Claim 12 is objected to because of the following informalities: In line 4 uses the term “clip”. Even when the Office understands that the term refers to the “at least one clip” described in line 3 of the claim, it is suggested to maintain the same nomenclature across the claims. 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 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, 2, 5, 8, 9, 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Betre et al. (CN 102458299 B).
[AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Shank axis)][AltContent: textbox (First handle portion)][AltContent: connector][AltContent: ][AltContent: textbox (Rotatable gear having a disk element )][AltContent: textbox (Handle axis)][AltContent: arrow][AltContent: textbox (Fig. 4)][AltContent: textbox ()][AltContent: textbox (Proximal end of the shank)][AltContent: connector][AltContent: arrow][AltContent: textbox (Handle)][AltContent: arrow][AltContent: textbox (Shank)][AltContent: connector][AltContent: arrow][AltContent: textbox (Screwdriver head)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Shank)][AltContent: arrow][AltContent: rect][AltContent: textbox (Shank)][AltContent: textbox (Stopper)]
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[AltContent: arrow][AltContent: textbox (Rotatable gear )][AltContent: arrow][AltContent: arrow][AltContent: textbox (Stopper)][AltContent: textbox (Fig. 5B zoomed portion)]
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[AltContent: ][AltContent: arrow][AltContent: textbox (Screw)]
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[AltContent: textbox (Ratchet adapter)][AltContent: ][AltContent: arrow][AltContent: textbox (First handle portion)]
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[AltContent: arrow][AltContent: textbox (Handle axis)][AltContent: connector][AltContent: arrow][AltContent: textbox (Handle)][AltContent: arrow][AltContent: textbox (Screw)]
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Regarding claims 1-2, Betre et al. discloses a dental screwdriver, including:
a shank, aligned longitudinally along a shank axis (see annotated Fig. 4 (embodiment 1) and 27C (for embodiment 2) above);
a screwdriver head, disposed at a distal end of the shank along the shank axis (see annotated Fig. 4 and Fig. 27C above), and configured to engage with a screw (30) to be tightened or loosened at a jaw location inside a mouth of a patient (see annotated Fig. 6A (embodiment 1) and 27D (for embodiment 2) above);
a handle, coupled to the shank, the handle including a first handle portion aligned longitudinally along a handle axis orthogonal to the shank axis (see annotated Fig. 4, 6A and 27C-27D above), the handle including a ratchet handle of a ratchet (see [0148] – where the embodiments includes “conventional manual wrench (e.g., simple hand-operated pliers or a ratchet wrench”), the handle configured to be held by a first hand of an operator; and
a rotatable gear, radially rotatable about the shank axis and coupled to a proximal end of the shank such that the shank extends axially from a central opening of the rotatable gear (see annotated Fig. 4 and 27C above), the rotatable gear configured to provide torque to drive a radial rotation of the shank and the screwdriver head about the shank axis, for tightening or loosening the screw (see [0157] – “rotary member 116 “, and [0238] – “conventional hand-held driver such as driver tool 262”; due to the structure 262 is identified as a driver tool, it is understood that it rotates to place the screw 30 in place; for that reason, it is also understood that in order to rotate the screw in place, it is applied a torque to provide the rotation of the screw 30),
wherein the rotatable gear includes a disc element configured to be rotated using at least one finger of a second hand of the operator, such that the rotatable gear, the shank and the screwdriver head is rotatable as a single drive unit, wherein the ratchet is configured to rotate the rotatable gear (for claim 1); and the rotatable gear is configured to enable radial rotation using a single finger (for claim 2) (see annotated Fig. 6A and 27C above – where due to the disk element is at the head of the screwdriver, a person is capable of rotate the rotatable gear through the disk element with at least one finger; due to the distal end of the handle and it includes a ratchet that engages the shank, the ratchet is configured to rotate the rotatable gear when the handle is rotated).
Regarding claim 5, Betre et al. discloses including a stopper, disposed on the shank distally from the rotatable gear and the handle, the stopper configured to prevent axial displacement of the handle and the rotatable gear with respect to the shank. (see annotated Fig. 5B and 5B zoomed portion – where the shank includes a protrusion extending radially from the external surface of the shank that engages the rotatable gear at the distal end of the rotatable gear and the handle for preventing movement of the shank in one direction of the shank axis).
Regarding claims 8 and 9, Betre et al. discloses that the rotatable gear includes a tread pattern configured to provide enhanced traction (for claim 8); and the tread pattern includes a plurality of ridges and grooves extending radially across the circumference of the rotatable gear (for claim 9) (see Fig. 4 above – where the rotatable gear includes protrusions and indentations located in the perimeter capable of providing traction during rotation).
Regarding claim 11, Betre et al. discloses a ratchet adapter, configured for removably coupling the ratchet with the shank and the rotatable gear (see annotated Fig. 27C above – where an opening at the distal end of the handle includes an internal surface configured to engage have the element 32 configured to be used in combination with the shank and the rotatable gear).
Regarding claim 13, Betre et al. discloses that the screw is configured to secure or remove a dental structure such as a dental prosthetic (see Fig. 6A and 27E and 27E – where the screw 30 is used to secure a dental prosthetic to the mouth of a patient).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4, 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Betre et al. (CN 102458299 B) as applied to claim 1 above and 14 below, and further in view of Majidi (US 10828134 B1).
Regarding claims 3-4 and 16, Betre discloses the claimed invention substantially as claimed, as set forth above for claim 1 and 14.
However, Betre does not disclose that the handle includes a second handle portion extending longitudinally from the first handle portion at an angular bend relative to the handle axis, to facilitate maneuvering and orienting of the screwdriver head in the mouth of the patient (for claim 3); and that the angular bend is adjustable, whereby a locking screw is configured to be selectively inserted at a hinge of the handle so as to affix the second handle portion at a selected angle relative to the handle axis (for claim 4), the handle comprises a second handle portion extending longitudinally from the first handle portion at an angular bend relative to the handle axis, and wherein the step of holding the handle comprises holding the second handle portion of the handle for directing the screwdriver head (for claim 16).
[AltContent: arrow][AltContent: textbox (First handle portion)][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: textbox (Second handle portion)][AltContent: ]
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Majidi teaches a screwdriver including a handle, where the handle includes a portion extending orthogonal from the axis of the shank, and a second portion extending longitudinally from the first handle portion at an angular bend relative to the handle axis to enable the dentist to reach various positions within a patient's mouth by selectively pivoting the “head between an upright position to an angled position and to a perpendicular position” (see Fig. 5A-5C and col. 2, lines 41-50 and col. 6, lines 15-26).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Betre, with the handle further including the handle with a pivotable second portion of Majidi, in order to selectively pivot the head with respect to the second portion of the handle between an upright position to an angled position and to a perpendicular position to enable the dentist to reach various positions within a patient's mouth.
[AltContent: ][AltContent: textbox (Ratchet adapter)][AltContent: textbox (Ratchet)][AltContent: arrow]
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Regarding claim 12, Betre discloses the claimed invention substantially as claimed, as set forth above for claim 11, and where Betre discloses that the ratchet adapter includes: at least one clip (11), configured to couple to the ratchet (14); and at least one button (13) configured to activate the clip (11) to disengage the ratchet (14) (see Fig. 3A, 4A-4C above and col. 6, lines 4-14).
Regarding claim 16
16. (ORIGINAL) The method of claim 14, wherein the handle comprises a second handle portion extending longitudinally from the first handle portion at an angular bend relative to the handle axis, and wherein the step of holding the handle comprises holding the second handle portion of the handle for directing the screwdriver head.
Claims 6-7, 14-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Betre et al. (CN 102458299 B).
Regarding claims 6-7, Betre discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Betre discloses that the rotatable gear is configured to have a diameter capable of been introduced inside the mouth of a patient and the user been capable to rotate it with his/her at least one finger, and thick enough that the at least one finger can grasp the periphery of the rotatable gear in order to rotate it for installing or removing the screw.
However, Betre does not disclose that the rotatable gear includes a diameter in the range of 15 to 22 millimeters (mm) (for claim 6); and that the rotatable gear includes a thickness in the range of 3 to 5 millimeters (mm) (for claim 7).
On the other hand, due to the diameter and the thickness of the rotatable gear of the screwdriver of Betre is capable of been used inside of the mouth of the patient by the dental professional using at least one finger. Having a diameter and a thickness in the ranges claimed is considered that it is matter of design choice, well within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results.
Regarding claims 14-15, Betre discloses a method for using a dental screwdriver, the method including the steps of.
providing a dental screwdriver including:
a shank, aligned longitudinally along a shank axis (see annotated Fig. 4 (embodiment 1) and 27C (for embodiment 2) above);
a screwdriver head, disposed at a distal end of the shank along the shank axis (see annotated Fig. 4 and Fig. 27C above);
a handle, coupled to the shank, the handle comprising a first handle portion aligned longitudinally along a handle axis orthogonal to the shank axis (see annotated Fig. 4, 6A and 27C-27D above), the handle including a ratchet handle of a ratchet (see [0148] – where the embodiments includes “conventional manual wrench (e.g., simple hand-operated pliers or a ratchet wrench”); and
a rotatable gear, radially rotatable about the shank axis and coupled to a proximal end of the shank such that the shank extends axially from a central opening of the rotatable gear (see annotated Fig. 4 and 27C above), the rotatable gear including a disc element configured to be rotated using at least one finger of a second hand of an operator, such that the rotatable gear, the shank and the screwdriver head is rotatable as a single drive unit, wherein the ratchet is configured to rotate the rotatable gear (see annotated Fig. 6A and 27C above – where due to the disk element is at the head of the screwdriver, a person is capable of rotate the rotatable gear through the disk element with at least one finger; due to the distal end of the handle and it includes a ratchet that engages the shank, the ratchet is configured to rotate the rotatable gear when the handle is rotated);
holding the handle with a first hand of the operator, and directing the screwdriver head to a jaw location inside the mouth of a patient (see Fig. 27D and 27E above – where the screwdriver is configured to be used inside the mouth of the patient using at least one hand); and
radially rotating the rotatable gear, and providing torque to drive a radial rotation of the shank and the screwdriver head, for tightening or loosening the screw at the jaw location (see [0157] – “rotary member 116 “, and [0238] – “conventional hand-held driver such as driver tool 262”; due to the structure 262 is identified as a driver tool, it is understood that it rotates to place the screw 30 in place in the bone structure; for that reason, it is also understood that in order to rotate the screw in place, it is applied a torque to provide the rotation of the screw 30).
However, Betre et al. does not disclose having a step of radially rotating the rotatable gear using at least one finger of a second hand of the operator (for claim 14); and radially rotating the rotatable gear using a single finger of the second hand of the operator (for claim 15).
On the other hand, due to the rotatable gear is located at the distal end of the handle that is hold by one hand, the user is capable of using his/her fingers on other hand to rotate the rotatable gear when it is used inside the mouth of the patient (see [0156] – “rotation component 116 is shaped to define a human machine interface, to facilitate direct rotation by the surgeon”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of using the dental screwdriver of Betre, with the use of the at least one finger from the other hand of the user to rotate the rotatable gear, in order to have better control of the screwdriver with one hand while with the other hand can introduce at least one finger to reach the rotatable gear perimeter to rotate it.
Regarding claim 17, Betre discloses the claimed invention substantially as claimed, as set forth above for claim 14, and where Betre discloses that the step of radially rotating the rotatable gear is implemented using the ratchet, removably couplable with the shank and the rotatable gear via a ratchet adapter (see annotated Fig. 27C above – where an opening at the distal end of the handle includes an internal surface having the element 32 configured to be used in combination with the shank and the rotatable gear).
Regarding claim 18, Betre discloses the claimed invention substantially as claimed, as set forth above for claim 14, and where Betre discloses that e screw (30) is configured to secure or remove a dental structure selected from the group consisting of: a dental implant; a dental abutment; and a dental prosthetic (see Fig. 6A and 27E and 27E – where the screw 30 is used to secure a dental prosthetic to the mouth of a patient).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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