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 .
Information Disclosure Statement (IDS)
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Furthermore, the present application includes several nonpatent literature (NPL) in which are not listed in an IDS form. Appropriate correction is required
Specification
The abstract of the disclosure is objected to because of the use of legal phraseology, e.g., comprising, comprises. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The specification is objected to because:
In page 2 lines 12 and 21 describe the related arts of the PCT application publication No. WO 2020/137782 A1 to Jang Kyung-Sam, entitled: "Dental driver", and the U.S. Patent No. 5,192,823 to Hughes, entitled: "Driver tool and method for implant dentistry". Such PCT and patent number where not found to be related to such inventors and titles. The Office believes that the publication and patent numbers include unintentional typographical errors, where it was found under each of the inventors and titles to be WO 2010/137782 and US 5,129,823 A respectively. Appropriate correction is required.
Claim Objections
Claims 1, 5-11, 14-15 and 17 is objected to because of the following informalities: In claim 1, lines 9, 11, 13 and 15 uses the terms “rotatable gear” and “gear”. The Office understands that both terms refer to the same limitation. It is suggested to maintain the same nomenclature across the claims, in order to avoid potential confusion. The same suggestion is also applied to claims 5-11, 14-15 and 17. Appropriate correction is required.
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.
Claim 5 is 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.
Regarding claim 5, the recitation of “the stopper configured to prevent axial displacement of the handle and the gear” in lines 2-3 is indefinite. It is not clear if this means the handle and gear don’t move relateive to each other or relative to something else. It is not understood how the stopper can prevent axial displacement of the handle and the gear, if said stopper is attached to the screwdriver through the handle and the gear. The Office will interpret the recitation for examination purposes that the stopper is configured to prevent the axial displacement of the handle and the gear with respect to the shank.
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.
[AltContent: textbox (Second handle portion)]Claims 1-3, 5 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Futch (US 5458603 A).
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Regarding claim 1, Futch discloses a dental screwdriver (see abstract – where the instrument if for surgical purposes, capable of been use for dental applications and col. 3, lines 32-35 – “utilized in the procedure for installing dentures on implants and other protheses), including:
a shank, aligned longitudinally along a shank axis (see annotated Fig. 18 above);
a screwdriver head, disposed at a distal end of the shank along the shank axis (see annotated Fig. 18 above), and configured to engage with a screw to be tightened or loosened at a jaw location inside a mouth of a patient (see abstract – where the instrument if for surgical purposes, capable of been use for dental applications);
a handle (102), coupled to the shank, the handle (102) including a first handle portion aligned longitudinally along a handle axis orthogonal to the shank axis (see annotated Fig. 11 above), the handle configured to be held by a first hand of an operator; and
a rotatable gear (112) (see annotated Fig. 13, 18-19 above), 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 gear (see annotated Fig. 16 and 18-20 above), the 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 Fig. 13 above and col. 4, line 59 through col. 5, line 1 – the drive gears 110 and 112 provides the rotational movement to the shank, that at the same time provides the torque to rotate the shank and the screwdriver head), wherein the gear includes a disc or wheel shaped element configured to be rotated using at least one finger of a second hand of the operator, such that the gear, the shank and the screwdriver head is rotatable as a single drive unit (see col. 2, lines 6-17 – where “adapted to rotary support at the distal end a removable insertion or removal tool and a control knob at the proximal end adjacent the handle that is engageable by the fingers or thumb on the hand holding the instrument” and “control knob is located on the same face as the tool bit holder and the handle of the surgical instrument is flared upwardly from the upper face remote from the face of the tool bit holder and control knob to facilitate one hand use of the surgical tool”).
Regarding claim 2, Futch discloses that the gear (112) is configured to enable radial rotation using a single finger (see col. 2, lines 6-17 – where “adapted to rotary support at the distal end a removable insertion or removal tool and a control knob at the proximal end adjacent the handle that is engageable by the fingers or thumb on the hand holding the instrument”).
Regarding claim 3, Futch discloses 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 (see annotated Fig. 11 above).
Regarding claim 5, Futch discloses further including a stopper (106), disposed on the shank distally from the gear and the handle, the stopper configured to prevent axial displacement of the handle and the gear (see annotated Fig. 1-20 and col. 4, lines 59-62 – “latching mechanism 106”; therefore, due to the latching mechanism is in direct contact with the distal end of the shank, and said contact is at a distal portion of the handle and distally from the gear to prevent any axial displacement of the shank with respect to the rest of the instrument, it is understood that said latching mechanism is the stopper).
Regarding claim 8 and 9, Futch discloses that the gear includes a tread pattern configured to provide enhanced traction (for claim 8); and that the tread pattern includes a plurality of ridges and grooves extending radially across the circumference of the gear (for claim 9) (see annotated Fig. 18 – where the gear includes a pattern of ridges and grooves radially distributed to provide traction with the adjacent gear 114).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Futch (US 5458603 A) as applied to claim 3 above, and further in view of Yang (US 20110094350 A1).
Regarding claim 4, Futch discloses the claimed invention substantially as claimed, as set forth above for claim 3, and where Futch discloses that the handle is bent between the first handle portion and the second handle portion.
However, Futch does not disclose 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.
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Yang teaches a ratchet screwdriver including a handle (10), where said handle (10) includes a first handle portion and a second handle portion that are bend adjustable through a hinge. The hinge includes a locking screw (15) that is placed through the orifice (14) and screw hole (16) of the second handle portion, and through the orifice (22) at one end of the first handle portion, in this way forming the hinge. Inside the second handle portion includes a spring biased projection (17) that engages a one or more cavities (23) at the first handle portion for anchoring or positioning the first handle portion to the second handle portion at the selected angular position and for allowing the first angle portion to be tilted relative to the second handle portion or aligned with each other (see annotated Fig. 1-2 and 4 above and [0026] – [0027]).
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 connection between the first handle portion and the second handle portion of Futch, with the pivotal connecting hinge between the two handle portions of Yang, in order to provide the operator with a screwdriver that can securely adjust the alignment of the screwdriver head relative with the screw engaging portion, with respect to the angle or orientation in which the operator wants to hold the second handle portion for easier handling.
Claims 6-7, 13-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Futch (US 5458603 A) as applied to claim 1 above.
Regarding claim 6-7, Futch discloses the claimed invention substantially as claimed, as set forth above for claim 1.
However, Futch does not disclose that the gear includes a diameter in the range of 15 to 22 millimeters (mm) (for claim 6); and that the gear includes a thickness in the range of 3 to 5 millimeters (mm) (for claim 7).
On the other hand, gear 112 in combination with the series of gears inside the first handle portion of the screwdriver of Futch are dimensioned small enough to be used and manageable for screwing and unscrewing inside the mouth of the patient, all using one hand for holding and one finger for rotating the gear.
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 diameter and the thickness of the gear of Futch to the claimed diameter and thickness, because discovering the optimum diameter range and the thickness range for the gear involves routine skill in the art.
Regarding claim 13, Futch discloses the claimed invention substantially as claimed, as set forth above for claim 1.
However, Futch does not disclose that the screw 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.
On the other hand, due to the dental screwdriver of Futch is intended for dental procedures, especially for installing dentures on implants, and that it is fabricated of suitable material capable of withstanding the heat for disinfecting purposes such as stainless steel of surgical quality (see col. 3, lines 32-35 and col. 6, lines 34-37).
A person skill in art would have seen it obvious that, due to Futch screwdriver is used for dental purposes as mentioned above, that it is also capable of been used to secure or remove a screw from any dental structure.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the screwdriver of Futch for securing or removing the screw from any of the dental implant, the dental abutment and the dental prosthetic.
Regarding claims 14-15, Futch discloses a method for using a dental screwdriver, the method including the steps of:
providing a dental screwdriver (see abstract – where the instrument if for surgical purposes, capable of been use for dental applications and col. 3, lines 32-35 – “utilized in the procedure for installing dentures on implants and other protheses) including:
a shank, aligned longitudinally along a shank axis (see annotated Fig. 18 above);
a screwdriver head, disposed at a distal end of the shank along the shank axis (see annotated Fig. 18 above);
a handle (102), coupled to the shank (see annotated Fig. 13, 18-19 above the handle is coupled to the shank through a gear (112)), the handle (112) including a first handle portion aligned longitudinally along a handle axis orthogonal to the shank axis (see annotated Fig. 11 above); and
a rotatable gear (112), 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 gear (112) (see annotated Fig. 16 and 18-20 above), the gear (112) including a disc or wheel shaped element configured to be rotated using at least one finger of a second hand of an operator, such that the gear, the shank and the screwdriver head is rotatable as a single drive unit (see col. 2, lines 6-17 – where “adapted to rotary support at the distal end a removable insertion or removal tool and a control knob at the proximal end adjacent the handle that is engageable by the fingers or thumb on the hand holding the instrument” and “control knob is located on the same face as the tool bit holder and the handle of the surgical instrument is flared upwardly from the upper face remote from the face of the tool bit holder and control knob to facilitate one hand use of the surgical tool”);
holding the handle (102) with a first hand of the operator, and directing the screwdriver head to a jaw location inside the mouth of a patient (see col. 2, lines 6-12 – due to the screwdriver is for installation of dentures on implants and that it can be hold with one hand, it is capable of directing the instrument with one hand to the interior of the mouth of the patient); and
radially rotating the gear using at least one finger of the hand of the operator, 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 col. 2, lines 6-17 – where “adapted to rotary support at the distal end a removable insertion or removal tool and a control knob at the proximal end adjacent the handle that is engageable by the fingers or thumb on the hand holding the instrument”) (for claim 14); and including radially rotating the gear using a single finger of the hand of the operator (see col. 2, lines 6-17 – where “adapted to rotary support at the distal end a removable insertion or removal tool and a control knob at the proximal end adjacent the handle that is engageable by the fingers or thumb on the hand holding the instrument”) (for claim 15).
However, Futch does not disclose that the rotation of the gear is by using the finger of a second hand of the operator (for claim 14); and using the second hand of the operator when radially rotating the gear (for claim 15).
On the other hand, due to the screwdriver of Futch includes a control knob 16 to rotate the rotatable gear (112) form a proximal end of the handle, said control knob 16 is adjacent to where the operator is holding the instrument. Even when the control knob 16 is configured to be rotated with the finger of the same hand that is holding the instrument. A person skill in the art would see obvious that, if necessary, a finger of the other hand of the operator can rotate it, because said control knob is accessible by the finger of first hand, therefore, it is also accessible by the finger of the other hand of the operator.
Regarding claim 16, Futch discloses the claimed invention substantially as claimed, as set forth above for claim 14, and where Futch discloses that the handle (102) includes 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 includes holding the second handle portion of the handle (102) for directing the screwdriver head (see annotated Fig. 11 above).
Regarding claim 18, Futch discloses the claimed invention substantially as claimed, as set forth above for claim 14.
However, Futch does not disclose that the screw 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.
On the other hand, due to the dental screwdriver of Futch is intended for dental procedures, especially for installing dentures on implants, and that it is fabricated of suitable material capable of withstanding the heat for disinfecting purposes such as stainless steel of surgical quality (see col. 3, lines 32-35 and col. 6, lines 34-37).
A person skill in art would have seen it obvious that, due to Futch screwdriver is used for dental purposes as mentioned above, that it is also capable of been used to secure or remove a screw from any dental structure.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the screwdriver of Futch for securing or removing the screw from any of the dental implant, the dental abutment and the dental prosthetic.
Allowable Subject Matter
Claims 10-12 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, the prior arts of Futch and Yang do not disclose that the handle includes a ratchet handle of a ratchet, configured to rotate the rotatable gear.
Regarding claim 17, the prior arts of Futch and Yang do not disclose that the step of radially rotating the gear is implemented using a ratchet, removably couplable with the shank and the rotatable gear via a ratchet adapter.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRAYDA A APONTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772