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 .
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 1-4, 6, 9-13, 15, 18-19 are rejected under 35 U.S.C. 102a1 as being anticipated by Decheuya JP 4879164
Regarding claim 1, Decheuya teaches a dental handpiece comprising Fig 1:
a body configured to be grasped by a user (fig 1 ref 10-13; and
a head provided at a tip end of the body (fig 2), wherein
the body includes a supply tube configured to supply air to the head (fig 2 ref 24), the head includes:
a housing (30),
at least one rotor rotatable in an inside of the housing (fig 8), and
a holding portion configured to hold a cutting tool and rotate the cutting tool with rotation of the at least one rotor (fig 2, ref 50), and
the housing includes:
at least one air supply port configured to supply the air supplied from the supply tube to the inside to rotate the at least one rotor in a first direction [0028] fig 6, ref 41,
an air discharge port (26/28) disposed closer to a tip end of the cutting tool than the at least one air supply port in a direction along a rotation axis of the cutting tool and configured to discharge the air from the inside (fig 4-7, ref 41, they face the exhaust port 26/28 [0028],
at least one diffuser portion configured to change a flow direction of a part of the air supplied from the at least one air supply port to direct the part of the air toward the at least one rotor in a second direction opposite to the first direction ([0028], fig 4-7, buffer space 47), and
at least one air-retaining portion configured to communicate with the air discharge port and retain the part of the air supplied from the at least one air supply port (43/44 see figure 5 etc).
Regarding claim 2, Decheuya teaches a dental handpiece according to claim 1, wherein
the at least one rotor includes (see figure 8):
a first rotor; and
a second rotor disposed closer to the tip end of the cutting tool than the first rotor in the direction along the rotation axis,
the at least one air supply port is disposed along a circumferential direction of the first rotor, and the air discharge port is disposed along a circumferential direction of the second rotor. See citations above regarding ports.
Regarding claim 3, Decheuya teaches a dental handpiece according to claim 2, wherein
the at least one diffuser portion is disposed along the circumferential direction of the second rotor (fig 4, ref 47).
Regarding claim 4, Decheuya teaches a dental handpiece according to claim 2, wherein
the at least one air-retaining portion is disposed along the circumferential direction of the second rotor (figs 4-7, ref 43/44).
Regarding claim 6, Decheuya teaches a dental handpiece according to claim 2, wherein
the at least one air-retaining portion has a space closer to the tip end of the cutting tool than the second rotor in the direction along the rotation axis see figure 7.
Regarding claim 9, Decheuya teaches a dental handpiece according to claim 2, wherein
the at least one air supply port (41) is disposed to allow the air supplied from the at least one air supply port to hit a blade included in the first rotor perpendicularly or substantially perpendicularly.
Regarding claim 10, Decheuya teaches a dental handpiece comprising:
a body configured to be grasped by a user (fig 1 ref 10-13); and
a head provided at a tip end of the body (fig 2), wherein
the body includes a supply tube configured to supply air to the head (fig 2 ref 24),
the head includes:
a housing (30),
two or more rotors (see figure 8) rotatable in an inside of the housing, and
a holding portion configured to hold a cutting tool and rotate the cutting tool with rotation of the two or more rotors (fig 2, ref 50), and
the housing includes:
two or more air supply ports (41/25- “as shown in FIG. In the mounted state, the air supply port communication hole 41 faces the plurality of air supply ports 25 of the head portion 15.”) configured to supply the air supplied from the supply tube to the inside to rotate the two or more rotors in a first direction,
an air discharge port (26/28) disposed closer to a tip end of the cutting tool than the two or more air supply ports in a direction along a rotation axis of the cutting tool and configured to discharge the air from the inside (fig 4-7, ref 41, they face the exhaust port 26/28 [0028],
two or more diffuser portions configured to change a flow direction of a part of the air supplied from the two or more air supply ports to direct the part of the air toward the two or more rotors in a second direction opposite to the first direction ([0028], fig 4-7, buffer space 47), and
two or more air-retaining portions configured to communicate with the air discharge port and retain the part of the air supplied from the two or more air supply ports (43/44 see figure 5 etc.).
Regarding claim 11, Decheuya teaches a dental handpiece according to claim 10, wherein
the two or more rotors include:
a first rotor (see fig 8); and
a second rotor disposed closer to the tip end of the cutting tool than the first rotor in the direction along the rotation axis,
the two or more air supply ports (41/25)are disposed along a circumferential direction of the first rotor, and
the air discharge port (26/28)is disposed along a circumferential direction of the second rotor.
Regarding claim 12, Decheuya teaches a dental handpiece according to claim 11, wherein
the two or more diffuser portions (47) are disposed along the circumferential direction of the second rotor.
Regarding claim 13, Decheuya teaches a dental handpiece according to claim 11, wherein
the two or more air-retaining portions are disposed along the circumferential direction of the second rotor (43/44).
Regarding claim 15, Decheuya teaches a dental handpiece according to claim 11, wherein
the two or more air-retaining portions (43/44) have a space closer to the tip end of the cutting tool than the second rotor in the direction along the rotation axis (see fig 7).
Regarding claim 18, Decheuya teaches a dental handpiece according to claim 11, wherein
the two or more air supply ports (41/25) are disposed to allow the air supplied from the two or more air supply ports to hit a blade included in the first rotor perpendicularly or substantially perpendicularly.
Regarding claim 19, Decheuya teaches a dental handpiece comprising:
a body configured to be grasped by a user (fig 1 ref 10-13); and
a head provided at a tip end of the body (fig 2), wherein
the body includes a supply tube configured to supply air to the head (fig 2 ref 24),
the head includes a housing and two or more rotors rotatable in an inside of the housing (see figure 8),
the housing includes:
two or more air supply ports (41/25- “as shown in FIG. In the mounted state, the air supply port communication hole 41 faces the plurality of air supply ports 25 of the head portion 15.”) configured to supply the air supplied from the supply tube to the inside to rotate the two or more rotors in a first direction,
an air discharge port (26/28) disposed closer to a tip end of the body than the two or more air supply ports in a direction along a rotation axis and configured to discharge the air from the inside (fig 4-7, ref 41, they face the exhaust port 26/28 [0028],
two or more diffuser portions configured to change a flow direction of apart of the air supplied from the two or more air supply ports to direct the part of the air toward the two or more rotors in a second direction opposite to the first direction ([0028], fig 4-7, buffer space 47), and
two or more air-retaining portions configured to communicate with the air discharge port and retain the part of the air supplied from the two or more air supply ports (43/44 see figure 5 etc.).
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.
Claims 5, 7-8, 14, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Decheuya JP 4879164 as applied to claims 1 and 10 above.
Regarding claims 5 and 14, Decheuya teaches a dental handpiece according to claim 1, wherein
the at least one air-retaining portion includes a first air-retaining portion configured to communicate with the air discharge port and a second air-retaining portion (see 43 and 44- “A recessed arc-shaped concave portion 43 and an arc-shaped side wall portion 44 defining a part of the small-diameter space portion 39 are formed inside.”
Decheuya fails to specifically teach the second air-retaining portion having a first volume larger than a second volume of the first air-retaining portion. It would have been an obvious matter of design choice to make on air-retaining portion larger than the other, for the purpose of holding air, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976). It is noted Applicant has disclosed “The recessed portion in second air-retaining portion 34 may have any depth that allows the air to be retained and accumulated therein, and the cross section may have any shape other than the tapered shape or the R shape” thus there is no criticality disclosed to such sizes.
Regarding claims 7 and 16, Decheuya teaches a dental handpiece according to claim 6, however fails to teach wherein a cross section of the at least one air-retaining portion along the rotation axis has a tapered shape.
It would have been an obvious matter of design choice to make on air-retaining portion have a tapered shape, for the purpose of holding air, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976). It is noted Applicant has disclosed “The recessed portion in second air-retaining portion 34 may have any depth that allows the air to be retained and accumulated therein, and the cross section may have any shape other than the tapered shape or the R shape” thus there is no criticality disclosed to such sizes.
Regarding claims 8 and 17, Decheuya teaches a dental handpiece according to claim 6, however fails to teach wherein a cross section of the at least one air-retaining portion along the rotation axis has an R shape.
It would have been an obvious matter of design choice to make on air-retaining portion have an R-shape, for the purpose of holding air, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976). It is noted Applicant has disclosed “The recessed portion in second air-retaining portion 34 may have any depth that allows the air to be retained and accumulated therein, and the cross section may have any shape other than the tapered shape or the R shape” thus there is no criticality disclosed to such sizes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY REGINA WEISBERG whose telephone number is (571)270-5500. The examiner can normally be reached M-F 8:15-4:15.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights