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
The information disclosure statement (IDS) submitted on November 19, 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.
Claim 20 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.
Claim 20 recites the limitation "the line guide" in line 2. There is insufficient antecedent basis for this limitation in the claim. The applicant has not claimed a line guide relative to any of the other claimed structure and therefore, the limitation is unclear as to what structure the applicant is trying to claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Garcia (DE 3504075).
With respect to claim 1, Garcia discloses a medical or dental handpiece (see fig. 1, par. 5 of translation), comprising: a handle piece extending along a longitudinal axis, a head piece arrange at an end of the handle piece (see annotated figure below), a tool holder 306 arranged in the head piece rotatably about an axis of rotation for detachably receiving a treatment tool (see pars. 17 and 21-22 of translation), an actuating device 320/311 provided on the head piece and acting on the tool holder, which is configured to move the tool holder selectively into a receive/release position, in which the treatment tool can be received in the tool holder or removed therefrom, and a holding position, in which the treatment tool is held in the tool holder, wherein the actuating device comprises a link guide 320/311 by which a rotary knob 310 arranged on the head piece can be moved along the axis of rotation relative to the tool holder in such a way that, when the rotary knob is moved towards the tool holder, the tool holder is moved into the receive/release position, and when the rotary knob is moved away from the tool holder, the tool holder is moved into the holding position (see pars. 10, 28-31 of translation, such that the rotation of the knob causes it to moved towards the tool holder 306 and exert a thrust on the tool holder 306, such that it is moved towards the tool holder and this is a release position and when the knob is moved way from the tool holder, rotated in a direction such that it no longer presses the tool holder 306, the tool holder is in a holding position such that is clamps the tool).
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With respect to claim 2, Garcia further discloses wherein the link guide comprises a link groove (see figs. 2-3b, such that the groove is the groove created by the shoulder 312, see annaoted figure below) and a link block 320 guided in the link groove, wherein either the link groove or the link block are provided on the rotary knob and are configured to rotate with the rotary knob (such that the link groove is provided on the rotary knob as they are connected together and element 311 which has the groove is part of the rotary knob.
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With respect to claim 3, Garcia further discloses a link sleeve 302 on which either the link groove not comprised by the rotary knob or the link block not comprised by the rotary knob is provided (such that the link block 320 is provided on, see par. 32 of translation).
With respect to claim 4, Garcia further discloses wherein the link groove extends upwards in an arc of a circle about the axis of rotation of the tool holder (see par. 29, such that the upper surface of the groove at portion 316 extends upwards in an arch of a circle about the axis of rotation, such that the upper surface of 316 is inclined about the circular element and would be the upper surface of the groove in cross section).
With respect to claim 5, Garcia further discloses wherein the link groove comprises stops at its ends which limit the movement of the link block guided in the link groove (see annotated figure above, such that the stops are the ends of the shoulder 321 which limit movement of the link block 320, see par. 32 of translation).
With respect to claim 6, Garcia further discloses wherein the link groove comprises at least at one end a step over which the link block guided in the link groove can be moved (see figs.1-3b, annotated figure below, such that each end has a step over, which is the upper surface of the groove, which the link block 320 can be moved.
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With respect to claim 7, Garcia further discloses wherein the link block 320 is formed in one-piece with the rotary knob or the link sleeve 302 (see figs. 1-2, par. 32 of translation, such that the link block is one-piece with the link sleeve 302).
With respect to claim 8, Garcia further discloses wherein the link block 320 holds the rotary knob rotatably on the head piece (see fig. 1, such the link sleeve along with the cap hold the rotary knob on the head piece, it is noted that the claim is not limited to only the link sleeve holding the know on the head, see par. 10 of translation).
With respect to claim 9, Garcia further discloses wherein the link sleeve 302 supports a spring element 317 which pretensions the rotary knob 310 and the link sleeve 302 against one another (pars. 10, 27).
With respect to claim 10, Garcia further discloses the handpiece further comprising an engagement element (318 or 308) movable relative to the tool holder, which can be moved in the direction of the tool holder by approach of the rotary knob in the direction of the tool holder to move the tool holder into the receive/release position (pars. 22-23, 31 of translation, such that each element is moved towards the tool holder 306 when the knob is rotated to provide a release position of the tool holder).
With respect to claim 11, Garcia further discloses wherein the engagement element 318 is configured as a part of the rotary knob (such that in the alternative for claim 1, the engagement element is 318, see fig. 1, pars. 24, 27 such that the stop is part of the rotary knob as it is directly connected with element 310 and 311 of the rotary knob and moved with the rotary knob when the knob is rotated).
With respect to claim 12, Garcia further discloses, wherein the engagement element 308 is configured as an element spaced apart from the rotary knob which can be contacted by the rotary knob by the approach of the rotary knob in the direction of the tool holder and can be moved with the rotary knob in the direction of the tool holder (see pars. 22-23, such that element 318 of the rotary knob approaches the engagement element 308 and contacts it to cause the tool holder to move to the release position).
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) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia (DE 3504075) as applied to claim 1 above, and further in view of Uhler (2,813,337).
Garcia teaches the invention as substantially claimed and discussed above, however, does not specifically teach a rotary arm provided on the rotary knob for rotating the rotary knob, wherein the rotary arm extends along the outside of the handle piece, wherein the rotary arm is rotatable with the rotary knob about the axis of rotation of the tool holder and simultaneously with the rotation about the axis of rotation approaches or moves away from the longitudinal axis of the handle, and wherein the rotary arm is formed in one-piece with the rotary knob.
Uhler teaches a medical or dental handpiece (see fig. 2) comprising a handle piece extending along a longitudinal axis, a head piece arranged at an end of the handle piece (see annaoted figure below), a tool holder 20 arranged in the head piece rotatably about an axis of rotation for detachably receiving a treatment tool (col. 1, ll. 56-63)., a rotary knob (the portion of element 56 from element 57 towards the end with element 58 that is located over the head of the tool) arranged on the head piece which can be moved along the axis of rotation relative to the tool holder in such as way that when the rotary knob is moved it can allow the tool holder to hold the tool or release/receive the tool (col. 2, ll. 52-63).
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With respect to claim 13, Uhler further teaches a rotary arm 56 (such as portion from 57 towards the end with element 62 that extends over the handle portion) provided on the rotary knob (see detailed explanation above as to what the knob is) for rotating the rotary knob (see fig. 3 such that when the handle 56 is rotated it rotated the knob portion), wherein the rotary arm extends along the outside of the handle piece (see figs. 1-3, explanation above).
With respect to claim 14, Garcia/Uhler teaches the invention as substantially claimed and discussed above, further the combination of Garcia/Uhler teaches wherein the rotary arm is rotatably with the rotary knob about the axis of rotation of the tool holder and simultaneously with the rotation about the axis of rotation approaches or moves away from the longitudinal axis of the handle. Such that the combination would teach the handle functioning as claimed since the knob of Garcia approaches or moves away form the longitudinal axis of the handle, the modification of the handle on the knob would result in the handle also moving as claimed.
With respect to claim 15, Garcia/Uhler teaches the invention as substantially claimed and discussed above including Uhler further teaching the rotary arm is formed in one piece with the rotary knob (see figs. 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the rotary knob of Garcia to include a rotary handle as taught by Uhler in order to allow for the user to easily grip and rotate the knob.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia (DE 3504075).
With respect to claim 16 Garcia teaches a medical or dental handpiece (see fig. 1, par. 5 of translation), comprising: a handle piece extending along a longitudinal axis, a head piece arranged at an end of the handle piece (see annotated figure above with respect to claim 1, fig. 1), a tool holder 306 arranged in the head piece rotatably about an axis of rotation for detachably receiving a treatment tool (see pars. 17 and 21-22 of translation), an actuating device 320/311 provided on the head piece and acting on the tool holder, which is configured to move the tool holder selectively into a receive/release position, in which the treatment tool can be received in the tool holder or removed therefrom, and a holding position, in which the treatment tool is held in the tool holder, and a rotary knob 310 arranged on the head piece which can be rotated by a maximum amount about the axis of rotation of the tool holder to move the tool holder between the receive/release position and the holding position (see pars. 10, 28-31 of translation, such that the rotation of the knob causes the actuating device to move and put tension on element 308 which moves the tool holder to a release/receive position and when the knob is rotated back in the other direction, the actuating device release the tension which in turn causes the tool holder to move back into a position in which the tool is held securely, see par. 32 and figures 2-3a regarding limiting displacement of the knob in the angular direction, such that element 311 of the actuating device is securely connected to the knob, see par. 29). Garcia teaches the invention as substantially claimed and discussed above, however, does not specifically teach limiting the rotation of the knob by 90 degrees. However, Garcia teaches limiting the angular rotation (see figs. 3b, par. 32) and that the angle appears to be just a little more than 90 degrees (see fig. 2, such that with the groove in element 323 interacting with pin, such that the groove is just a little more than 90 degrees such that it would limit the rotation to the groove), however, does not specifically teach limiting the rotation by 90 degrees. However, it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to limit the rotation to 90 degrees, since it has been held that where the general condition of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (see MPEP 2144.05). It is noted that the applicant does not disclose the angle as providing an advantage or unexpected result. It is noted that in par. 24 of the applicant’s own specification, the applicant discloses that a variety of angles are possible. Therefore, since the claimed angle is disclosed as preferred and does not provide an advantage or unexpected result, provides the same effect as the prior art by limiting the rotation of the knob, it would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the angle taught by Garcia to be within the claimed range as an obvious matter of design choice. Such as by providing a smaller angle, the user could more easily hold the tool and rotate the knob with a single hand.
With respect to claim 17, Garcia teaches the invention as substantially claimed and discussed above, Garcia further teaches wherein the rotary knob can be moved simultaneously along the axis of rotation by rotating it about the axis of rotation (see pars. 10, 28-31 of translation, such that the rotation of the knob causes it to moved towards the tool holder 306 and exert a thrust on the tool holder 306, such that it is moved towards the tool holder and this is a release position and when the knob is moved way from the tool holder, rotated in a direction such that it no longer presses the tool holder 306, the tool holder is in a holding position such that is clamps the tool, such that the knob, when rotated moves along the axis, i.e. up and down).
With respect to claim 18, Garcia teaches the invention as substantially claimed and discussed above, Garcia further teaches wherein the rotatability of the rotary knob about the axis of rotation is limited by at least one stop of the actuating device (the shoulder 321 on portion 311 of the actuating device being the stop, see par. 32 of translation).
With respect to claim 19, Garcia teaches the invention as substantially claimed and discussed above, Garcia further teaches wherein the actuating device comprises a link guide (such that the link guide is the groove created by shoulder 321 in which element 320 is guided).
With respect to claim 20, Garcia teaches the invention as substantially claimed and discussed above, Garcia further teaches, wherein the at least one stop is part of the link guide (such that the stop is the edge of shoulder 321 which is the end of the link guide).
Conclusion
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 2/20/2026