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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the third pressure relief opening, the first pressure relief being oval shaped, and the third pressure relief opening being triangular shaped must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Antecedent basis for teaching of a third pressure relief opening
Antecedent basis for teaching of a first pressure relief opening being oval in shape
Antecedent basis for teaching of a third pressure relief opening being triangular shaped
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, 3-4, 7-8, 13-15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gobbers (WO 2017220064 A1) in view of Hutson (US 3460255 A).
Re. Claim 1, Goobers discloses a disposable dental aerosol device (Fig. 27-28 and 31 wherein anything can be disposable) comprises:
a body (18) having
an exterior surface (where label 18 points towards),
a front end (Annotated Figure A of Fig. 27/28) having an angled opening (Annotated Figure A of Fig. 27/28) having a retraction lip portion (Annotated Figure A of Fig. 27/28),
a rear end (Annotated Figure B of Fig. 27) having an opening (Annotated Figure B of Fig. 27) and
a circumferential shoulder stop (Annotated Figure B of Fig. 27) on the exterior surface of the body (Annotated Figure B of Fig. 27),
a lumen (Annotated Figure C of Fig. 27) formed between the front end (Annotated Figure C of Fig. 27) and the rear end (Annotated Figure C of Fig. 27), and
an interior step (Annotated Figure C of Fig. 27) within the lumen positioned at the rear end (Annotated Figure C of Fig. 27) and adjacent to the stop (Annotated Figure C of Fig. 27) and facing the front end (Annotated Figure C of Fig. 27) to facilitate directing aerosol and other matter through the lumen and out the opening in the rear end (Fig. 31 shows the movement of aerosol and other matter through the lumen and out the rear end opening as indicated as 1.1.1) and the lumen having a continuous surface (Annotated Figure C of Fig. 27 where it is found to be continuous surface.) from the front end to the opening in the rear end and opposite the interior step (Annotated Figure C of Fig. 27), wherein the interior step and retraction lip portion are found on the same side of the body (Annotated Figure C of Fig. 27); and
a first pressure relief opening formed in the body (Annotated Figure D of Fig. 28).
Gobbers is silent to a second pressure relief opening formed in the body and that the lumen comprises a continuous straight surface. It should be noted however that Gobbers does teach other arrangements in which the lumens are substantially straight (Fig. 16 and 34)
Hutson discloses a dental suction device in the same field of endeavor and further discloses an aerosol device (Fig. 1-2) comprising a first and second pressure relief openings (28, see Fig. 3-5 and 9-12 which shows the pressure reliefs) formed in the exterior surface of the body (Fig. 1-5, 9-12; body is element 10) to prevent the intake flow from being interrupted (Col. 1, lines 71-72 and Col. 2, lines 1-3). Further Hutson discloses a lumen (see Fig. 5 in which aerosol directed as element 22 enters) to have a continuous straight surface (see Fig. 1 where it shows the tube being straight and as such would have a straight surface).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have a first and second pressure relief openings formed in the body as taught by Hutson to prevent the intake flow from being interrupted. Further, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have the lumen be continuous straight surface as taught by Hutson.
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Re. Claim 3, Gobbers and Hutson discloses the disposable dental aerosol device of claim 1 and Hutson further discloses comprising a third pressure relief opening formed in the body (see Fig. 9-12).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have a third pressure relief openings formed in the body as taught by Hutson to prevent the intake flow from being interrupted.
Re. Claim 4, Gobbers and Hutson discloses the disposable dental aerosol device of claim 1 wherein Gobbers discloses the retraction lip portion has an angled portion that extends below the exterior surface of the body (Annotated Figure A of Fig. 27).
Re. Claim 7, Gobbers discloses a disposable dental aerosol device (Fig. 27-28 and 31 wherein anything can be disposable) comprises:
a body (18) having
an exterior surface (where label 18 points towards),
a front end (Annotated Figure A of Fig. 27/28) having an angled opening (Annotated Figure A of Fig. 27/28) having a retraction lip portion (Annotated Figure A of Fig. 27/28),
(Annotated Figure B of Fig. 27) having an opening (Annotated Figure B of Fig. 27) and a circumferential shoulder stop on the exterior surface (Annotated Figure B of Fig. 27) with the rear end for receiving a dental valve (Fig. 19-20 label 10A of a different embodiment shows the connection to a valve wherein it should be noted all embodiments would be attached to a dental valve at the area end),
a lumen (Annotated Figure C of Fig. 27) formed between the front end and the rear end (Annotated Figure C of Fig. 27), and
an interior step (Annotated Figure C of Fig. 27) within the lumen positioned at the rear end (Annotated Figure C of Fig. 27) and adjacent to the stop Annotated Figure C of Fig. 27) and facing the front end (Annotated Figure C of Fig. 27) to facilitate directing aerosol and other matter through the lumen and out the opening in the rear end (Fig. 31 shows the movement of aerosol and other matter through the lumen and out the rear end opening as indicated as 1.1.1) and the lumen having a continuous surface (Annotated Figure C of Fig. 27) from the front end to the opening in the rear end and opposite the interior step (Annotated Figure C of Fig. 27), wherein the interior step and the retraction lip portion are found on the same side of the body (Annotated Figure A/B/C of Fig. 27/28);
a first pressure relief opening formed in the body (Annotated Figure D of Fig. 28); and
wherein the pressure relief opening are found on the same side of the body opposite the retraction lip portion (Annotated Figure D of Fig. 28).
Gobbers is silent to a second pressure relief opening formed in the body wherein the pressure relief openings are found on the same side of the body opposite the retraction lip portion and that the lumen comprises a continuous straight surface. It should be noted however that Gobbers does teach other arrangements in which the lumens are substantially straight (Fig. 16 and 34)
Hutson discloses a dental suction device in the same field of endeavor and further discloses an aerosol device (Fig. 1-2) comprising a first and second pressure relief openings (28, see Fig. 3-5 and 9-12 which shows the pressure reliefs) formed in the exterior surface of the body (Fig. 1-5, 10 and 12; body is element 10) to prevent the intake flow from being interrupted (Col. 1, lines 71-72 and Col. 2, lines 1-3). Further Hutson discloses a lumen (see Fig. 5 in which aerosol directed as element 22 enters) to have a continuous straight surface (see Fig. 1 where it shows the tube being straight and as such would have a straight surface).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have a first and second pressure relief openings formed in the body wherein the pressure relief openings are found on the same side of the body opposite the retraction lip portion as taught by Hutson to prevent the intake flow from being interrupted. Further, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have the lumen be continuous straight surface as taught by Hutson.
Re. Claim 8, Gobbers and Hutson discloses the disposable dental aerosol device of claim 7 further comprising a third pressure relief opening formed in the body (see Fig. 10 and 12), wherein the third pressure relief opening is found on the same side of the body opposite the retraction lip portion (see Fig. 10 and 12).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have a third pressure relief openings formed in the body wherein the third pressure relief opening is found on the same side of the body opposite the retraction lip portion as taught by Hutson to prevent the intake flow from being interrupted.
Re. Claim 13, Gobbers discloses a disposable dental aerosol device comprises (Fig. 27-28 and 31 wherein anything can be disposable):
a body (18) having
an exterior surface (where label 18 points towards) and
an interior surface (Fig. 27 shows the cross section of the device for which shows the inner surface lining as well),
a front end (Annotated Figure A of Fig. 27/28) having an angled opening (Annotated Figure A of Fig. 27/28) having a retraction lip portion (Annotated Figure A of Fig. 27/28),
a rear end (Annotated Figure B of Fig. 27) having an opening (Annotated Figure B of Fig. 27) and a circumferential shoulder stop on the exterior surface (Annotated Figure B of Fig. 27),
an exterior side of the exterior surface opposite to the retraction lip portion (see where 18 points towards is a side of the exterior surface opposite to the retraction lip portion), and
a lumen (Annotated Figure C of Fig. 27) formed between the front end and the rear end (Annotated Figure C of Fig. 27);
an interior step (Annotated Figure C of Fig. 27) within the lumen positioned at the rear end (Annotated Figure C of Fig. 27) and adjacent to the stop (Annotated Figure C of Fig. 27) and facing the front end (Annotated Figure C of Fig. 27) to facilitate directing aerosol and other matter through the lumen and out the opening in the rear end (Fig. 31 shows the movement of aerosol and other matter through the lumen and out the rear end opening as indicated as 1.1.1); and
the lumen having a continuous surface (Annotated Figure C of Fig. 27) from the front end to the opening in the rear end and opposite the interior step (Annotated Figure C of Fig. 27), wherein the interior step and retraction lip portion are found on the same side (Annotated Figure C of Fig. 27).
Gobbers is silent to a first pressure relief opening formed through the body from the exterior surface to the interior surface and on the exterior side opposite to the retraction lip portion; a second pressure relief opening formed through the body from the exterior surface to the interior surface and on the exterior side opposite to the retraction lip portion; and that the lumen comprises a continuous straight surface. It should be noted however that Gobbers does teach other arrangements in which the lumens are substantially straight (Fig. 16 and 34). Further, Gobbers discloses comprising a pressure relief opening in the body as shown in Annotated Figure D of Fig. 28.
Hutson discloses a dental suction device in the same field of endeavor and further discloses an aerosol device (Fig. 1-2) comprising a first and second pressure relief openings (28, see Fig. 3-5 and 9-12 which shows the pressure reliefs) formed through the body from the exterior surface to the interior surface and on the exterior side opposite to the retraction lip portion (Fig. 1-5, 10 and 12; body is element 10) to prevent the intake flow from being interrupted (Col. 1, lines 71-72 and Col. 2, lines 1-3). Further Hutson discloses a lumen (see Fig. 5 in which aerosol directed as element 22 enters) to have a continuous straight surface (see Fig. 1 where it shows the tube being straight and as such would have a straight surface).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have a first and second pressure relief openings from the exterior surface to the interior surface and on the exterior side opposite to the retraction lip portion as taught by Hutson to prevent the intake flow from being interrupted. Further, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have the lumen be continuous straight surface as taught by Hutson.
Re. Claim 14, Gobbers and Hutson discloses the disposable dental aerosol device of claim 13 wherein Gobbers discloses the first pressure relief opening is circular in shape (see Annotated Figure D of Fig. 28 shows the pressure relief opening is circular). Hutson also discloses that the opening can be circular as well in Figs. 11-12.
Re. Claim 15, Gobbers and Hutson discloses the disposable dental aerosol device of claim 13 wherein Huston discloses the first pressure relief opening is oval in shape (Fig. 5).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the pressure relief openings of the device of Gobbers and Hutson to be triangular since such a modification would have involved a mere change in the shape of a component (See MPEP 2144.04 IV B). A change in shape is generally recognized as being within the level of ordinary skill in the art. It is noted that the applicant does not disclose that the shape provides an advantage or unexpected result and that the shape can be a variety of shapes including circular, oval or rectangular (see par. 76 of applicants own specification).
Re. Claim 19, Gobbers and Hutson discloses the disposable dental aerosol device of claim 13 Huston further discloses comprising a third pressure relief opening formed in the exterior surface of the body (see Fig. 10 and 12) and on the exterior side opposite to the retraction lip portion (see Fig. 10 and 12).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol device of Gobbers to have a third pressure relief openings formed in the body wherein the third pressure relief opening a third pressure relief opening formed in the exterior surface of the body and on the exterior side opposite to the retraction lip portion as taught by Hutson to prevent the intake flow from being interrupted.
Claim(s) 3, 5-6, 9-12, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gobbers (WO 2017220064 A1) in view of Hutson (US 3460255 A) and Penny (US 3965901 A).
Re. Claim 3/11/18, Gobbers and Hutson discloses the disposable dental aerosol device of claim 1/7/13 but are silent to the body is constructed of plastic.
Penny discloses a suction catheter in the analogous art of suction devices and further discloses an aerosol device (Fig. 2 of Penny) made of plastic (Col. 1, lines 12-17). This would allow the device to have the device be readily and easily disposable and further will reduce the cost of manufacturing the device.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the body of Gobbers and Hutson to be constructed of plastic as taught by Penny to have the device be readily and easily disposable and further will reduce the cost of manufacturing the device.
Re. Claim 5-6/9-10/12/16-17/20, Gobbers and Hutson discloses the disposable dental aerosol device of claim 1/7/13/19 but are silent to the first pressure relief opening, second pressure relief opening and third pressure relief opening has a triangular shape.
Penny discloses a suction catheter in the analogous art of suction devices and further discloses an aerosol device (Fig. 2 of Penny) comprising a first and second pressure relief openings (Fig. 14 of Penny, labels 100 and 101) formed in the exterior surface of the body (Fig. 14 of Penny) to maximize the suctioning at the front end of the aerosol device (Col. 5 of Penny, lines 50-54). Further, Penny discloses the first and second pressure relief to be of triangular shape (Fig. 14, element 100).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the pressure relief openings of the device of Gobbers and Hutson to be triangular since such a modification would have involved a mere change in the shape of a component (See MPEP 2144.04 IV B). A change in shape is generally recognized as being within the level of ordinary skill in the art. It is noted that Penney teaches the relief openings being a variety of shapes including elongated as taught by Hutson. It is further noted that the applicant does not disclose that the shape provides an advantage or unexpected result and that the shape can be a variety of shapes including circular, oval or rectangular (see par. 76 of applicants own specification).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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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