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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
The claim uses the terms “hollow cylindrical sleeve” and “sleeve” across the claim. Even when the Office understands that both terms refer to the same limitation. It is suggested to maintain the same nomenclature across the claim. Appropriate correction is required.
The claim uses the terms “pusher hat” and “pusher” in lines 28, 31 and 33 of the claim. Even when the Office understands that both terms refer to the same limitation. It is suggested to maintain the same nomenclature across the claim. Appropriate correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shoji (JP 2951935 B1).
[AltContent: arrow][AltContent: textbox (Circumferential gap)][AltContent: arrow][AltContent: textbox (Pusher piece)][AltContent: arrow][AltContent: textbox (Pusher)][AltContent: rect][AltContent: ][AltContent: textbox (Tapered portion peripheral surface of the cylindrical slide member)][AltContent: arrow][AltContent: textbox (Insertion direction)][AltContent: arrow][AltContent: textbox (Elastic biasing member)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Shuck mechanism)][AltContent: arrow][AltContent: textbox (Dental handpiece)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plurality of divided movable pieces)][AltContent: textbox (Cylindrical slide member)][AltContent: textbox (Hollow cylindrical sleeve)][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (Tapered portion on the outer peripheral surface )][AltContent: arrow][AltContent: textbox (Outer peripheral surface)][AltContent: ][AltContent: arrow][AltContent: textbox (Slits)][AltContent: arrow][AltContent: textbox (Slit)][AltContent: arrow][AltContent: ][AltContent: ][AltContent: textbox (Plurality of divided movable pieces)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plurality of divided movable pieces)]
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Regarding claim 1, Shoji discloses a dental handpiece configured to rotatably drive a dental treatment tool mounted in a chuck mechanism, the dental hand piece including:
the chuck mechanism in which the dental treatment tool is mounted so as to be attachable and detachable (see page 3, line 18), wherein the chuck mechanism includes:
a hollow cylindrical sleeve (20) into which the dental treatment tool is inserted so as to be rotatably supported (see abstract – “A rotary cylinder is provided in a head case, and a chuck cylinder is fixed to an inner wall of the rotary shaft”);
a cylindrical slide member (41) housed in the sleeve (20) so as to be movable in an axial direction of the sleeve (see annotated Fig. 1 above and page 3, lines 24-26 - where the element 41 is a spring that moves in the longitudinal direction when pressing applied to the upper lid 13);
a plurality of divided movable pieces (32a-d ) disposed in the sleeve (20) at different circumferential positions to each other (see annotated Fig. 1 and 2 above – where due to each of strips 32a-d is formed between a slit 33, each strip is considered divided from each other, and due to each strip moves radially to hold the dental treatment tool, it is also considered to be movable, forming a plurality of divided movable pieces), each of the plurality of divided movable pieces (32a-d) including an outer peripheral surface that comes into contact with an inner peripheral surface of the cylindrical slide member (41) (see Fig. 1 and 2 above – where the outer peripheral sural surface is in direct contact with the inside surface of the cylindrical slide member), and
an inner peripheral surface that comes into contact with an outer peripheral surface of the dental treatment tool inserted into the sleeve (20) (see Fig. 2 above), and the dental treatment tool being held between the plurality of divided movable pieces (see page 3, lines 24-28);
an elastic biasing member (44) configured to bias the cylindrical slide member (41) forward in an insertion direction of the dental treatment tool (see annotated Fig. 1 above); and
a stopper unit configured to restrict forward axial movement of the plurality of divided movable pieces in the insertion direction, at least a part of the stopper unit being partially fixed to the sleeve (20) (see page 3, lines 1-2 - the lower portion 31 of the plurality of divided movable pieces is directly in contact with the sleeve 20), and
wherein the outer peripheral surface of each of the plurality of divided movable pieces and the inner peripheral surface of the cylindrical slide member contact with each other via a tapered fitting portion having a gradient in the axial direction, the tapered fitting portion being provided on at least one of the outer peripheral surface of the plurality of divided movable pieces and the inner peripheral surface of the cylindrical slide member (see annotated Fig. 1 above),
the dental handpiece further including:
a pusher hat (13) is disposed forward of the divided movable pieces in the insertion from the chuck mechanism (see annotated Fig. 1 above),
wherein the pusher (13) includes a push piece (43) that extends toward the cylindrical slide member through a circumferential gap between the plurality of divided movable pieces (see annotated Fig. 1 above), and
wherein in a case where the pusher (13) is pressed down rearward in the insertion direction of the dental treatment tool, the push piece pushes back the cylindrical slide member rearward in the insertion direction, so that chucking of the dental treatment tool by the divided movable pieces is released (see page 3, lines 18-34).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 13 of U.S. Patent No. 20230190407 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because the U.S. Patent No. 20230190407 A1 includes all the limitations described in the present application.
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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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