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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 4-5) in the reply filed on 8/24/2026 is acknowledged.
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kohrer (WO 2021255162 A1, see machine translated ver.) in view of Schoeffel (US 20050287498 A1).
Re. Claim 4, Kohrer discloses a method of evacuation of root canal contents from a root canal in a patient (Par. 5), said method comprising:
providing the system for evacuation of root canal contents (Fig. 2) comprising:
a microcannula (6) having a distal end (where Fig. 3 is located) and a proximal end (Fig. 2 where it is adjacent to the label 12) and a lumen extending therethrough (Fig. 3 shows the lumen), said proximal end configured for fluid connection to a vacuum tube (3; Par. 48), whereby vacuum can be applied to the distal end of the microcannula (Par. 48, and 52);
an ultrasonic/sonic handpiece (16) with an attached insert (11/12), said attached insert having a proximal end configured for attachment to the handpiece and a distal end configured for fixation to the proximal end of the microcannula (Fig. 2 where the end connecting to the microcannula 6 is the distal end of the handpiece), said handpiece configured to impart ultrasonic/sonic vibrations through the attached insert to the microcannula (Par. 54-55 discloses the body 5 would be oscillated by the handpiece 16);
said attached insert having a lumen extending therethrough (Fig. 2), with a distal opening proximate the proximal end of the microcannula (Fig. 2), whereby irrigant may be delivered to the root canal (Par. 3, 21 and 30); and
inserting the microcannula into a root canal (Par. 30);
dispensing an irrigant through the lumen of the insert (Par. 30, 36); and
applying suction to the root canal through the microcannula while operating the handpiece to impart ultrasonic/sonic vibration to the distal end of the microcannula (Par. 13, 36, and 52).
Kohrer further discloses cleaning the apical region through suction, ultrasonic vibration, and rinsing (Par. 21 and 30).
However, Kohrer is silent to said distal end of the microcannula is configured for insertion into the apical third of the root canal; the irrigant may be delivered to the root canal proximate a coronal third of the root canal and proximal to the apical third of the root canal while a portion of the distal end of the microcannula is disposed in the apical third of the root canal; the distal end is disposed in the apical third of the root canal when inserting the microcannula into a root canal; dispensing an irrigant through the lumen of the insert proximate the coronal third of the root canal while maintaining the distal end of the lumen of the insert outside the root canal; and applying suction to the apical third of the root canal.
Shoeffel discloses a root canal cleaning system in the same field of endeavor and further discloses inserting a microcannula into the apical third of the root canal where irrigant may be delivered to the root canal proximate a coronal third of the root canal and proximate to the apical third of the root canal while a portion of the distal end of the microcannula is disposed in the apical third of the root canal; the distal end is disposed in the apical third of the root canal when inserting the microcannula into a root canal; dispensing an irrigant through the lumen of the insert proximate the coronal third of the root canal while maintaining the distal end of the lumen of the insert outside the root canal; and applying suction to the apical third of the root canal (Fig. 3-4 and 6; Par. 23-26 and 29 where in Par. 23 discloses the apparatus of Fig. 3a is used to clean the coronal portion of the root by inserting the cannula into the root canal. Suction is applied adjacent to the apex third of the root canal through cannula 33 and irrigant is applied through tube 35 as disclosed in Par. 24-25. The irrigant is disclosed to reach portions of the root canal even past the cannula as disclosed in Par. 25 to ensure sufficient cleaning of the root canal. Par. 26 discloses further cleaning of the apical portion through insertion of the microcannula).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Kohrer to include said distal end of the microcannula is configured for insertion into the apical third of the root canal; the irrigant may be delivered to the root canal proximate a coronal third of the root canal and proximal to the apical third of the root canal while a portion of the distal end of the microcannula is disposed in the apical third of the root canal; the distal end is disposed in the apical third of the root canal when inserting the microcannula into a root canal; dispensing an irrigant through the lumen of the insert proximate the coronal third of the root canal while maintaining the distal end of the lumen of the insert outside the root canal; and applying suction to the apical third of the root canal as taught by Shoeffel to ensure the root canal is properly cleaned.
Re. Claim 5, Kohrer discloses a method of evacuating contents from a root canal of a patient using an endodontic micro-cannula system (Par. 5), the method comprising:
inserting a distal end (where Fig. 3 is located) of a microcannula (6) into the root canal, the microcannula having a lumen (Fig. 3 shows the lumen) extending from the distal end to a proximal end (Fig. 2 where it is adjacent to the label 12) configured for connection to a vacuum source (3; Par. 48);
(b) coupling the proximal end of the microcannula to an insert (11/12) having a lumen therethrough (Fig. 2), the insert being operatively connected to an ultrasonic or sonic handpiece (16) configured to transmit vibrational energy through the insert to the microcannula (Par. 54);
(c) applying a vacuum through the microcannula to evacuate root canal contents from the root canal (Par. 48 and 52);
(d) activating the ultrasonic or sonic handpiece to impart vibrations to the microcannula while evacuating the root canal contents to enhance disruption and removal of root canal contents (Par. 13, 36, and 52); and
(e) delivering an irrigant through the lumen of the insert such that the irrigant enters the root canal, while the microcannula continues evacuating the root canal contents (Par. 3, 21, and 30).
Kohrer further discloses cleaning the apical region through suction, ultrasonic vibration, and rinsing (Par. 21 and 30).
However, Kohrer is silent to inserting a distal end into an apical third of the root canal; applying a vacuum through the microcannula to evacuate root canal contents from the apical third of the root canal; and delivering an irrigant through the lumen of the insert such that the irrigant enters the root canal at a location proximal to the apical third and within a coronal third of the root canal.
Shoeffel discloses a root canal cleaning system in the same field of endeavor and further discloses inserting a distal end into an apical third of the root canal; applying a vacuum through the microcannula to evacuate root canal contents from the apical third of the root canal; and delivering an irrigant through the lumen of the insert such that the irrigant enters the root canal at a location proximal to the apical third and within a coronal third of the root canal (Fig. 3-4 and 6; Par. 23-26 and 29 where in Par. 23 discloses the apparatus of Fig. 3a is used to clean the coronal portion of the root by inserting the cannula into the root canal. Suction is applied adjacent to the apex third of the root canal through cannula 33 and irrigant is applied through tube 35 as disclosed in Par. 24-25. The irrigant is disclosed to reach portions of the root canal even past the cannula as disclosed in Par. 25 to ensure sufficient cleaning of the root canal. Par. 26 discloses further cleaning of the apical portion through insertion of the microcannula).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Kohrer to include inserting a distal end into an apical third of the root canal; applying a vacuum through the microcannula to evacuate root canal contents from the apical third of the root canal; and delivering an irrigant through the lumen of the insert such that the irrigant enters the root canal at a location proximal to the apical third and within a coronal third of the root canal as taught by Shoeffel to ensure the root canal is properly cleaned.
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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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
