DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
(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.
3. Claims 19-22, 26-27, and 31-36, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ziemba (US 2006/0234185).
Regarding claim 19, Ziemba discloses an apparatus 10 for removing plaque, calculus, and other debris from teeth, comprising:
a scaler tip 102 comprising a working end configured to engage and remove plaque, calculus, and other debris from the teeth (Figs. 1-5; [0003] “ultrasonic dental tools (instruments) for dental treatments and procedures, such as scaling…”; [0073] “tip 102 may be in the form of a scaler”), wherein the scaler tip 102 comprises a nozzle 119 configured to direct irrigation fluid toward the working end of the scaler tip 102 (Fig. 6D; [0068] “insert tip 102 may utilize an internal flow channel 117… which receives water… and exits the tip 102 at the aperture 119 to deliver it to the working area”; [0069] “aperture 119 is… of tip 102 which may have a small passage way 117 extending throughout the entire length such that water or any other liquid may exit the tip 102 at its distal point”);
a base unit 14 comprising a fluid reservoir, a pump, a motor driver, and control electronics for controlling the operation of the pump and the motor driver (Fig. 1; [0056] “cable 12 includes a conduit for carrying fluid as well as wires for carrying electrical signals from the electrical energy & fluid source 14”);
a handheld unit 200 comprising a handle portion 216 configured to be handheld, the handheld unit 200 being configured to receive and secure the scaler tip 102 so that the scaler tip can be manipulated through handheld motion of the base unit (Figs. 11-12; [0133] “handle 216 may be used… to hold the handpiece 200”; [0130] “rotator head 204 has a generally cylindrical shape, a hollow interior, and an opening at each end of the interior, which is used to receive the distal end of the body 202 of the handpiece 200 at one end and a dental insert 100 at the other end”);
a cable 12 connecting the base unit 14 to the handheld unit 200, the cable comprising a fluid conduit and one or more wires (Fig. 1; [0056] “ultrasonic dental tool 10 attached to an electrical energy & fluid source 14 via a cable 12. The cable 12 includes a conduit for carrying fluid as well as wires for carrying electrical signals from the electrical energy & fluid source 14 to the ultrasonic dental tool 10”).
The handheld unit 200 comprises: a housing 200 (Fig. 11); a motor (transducer 108) for imparting oscillating or vibratory motion to the scaler tip when secured to the handheld unit, the motor being operable in response to the motor driver (Figs. 2-, 6A; [0058], [0086]-[0090] describe oscillating motion; Ziemba’s claims 34-35 recite “a motor for generating mechanical energy… wherein said motor… comprises a magnetostrictive ultrasonic transducer, or a piezoelectric ultrasonic transducer”).
Ziemba further discloses a fluid conduit 228 configured to deliver irrigation fluid to the scaler tip so that the nozzle can direct a spray of the irrigation fluid toward the working end of the scaler tip (Fig. 12; [0138] “fluid is pumped through the cable and the handpiece 200 to the tip 102 of the insert 100, as noted before. The vibrating tip 102 of the insert 100 breaks the fluid stream into a spray”), and one or more user control inputs for communicating control commands to the control electronics of the base unit via the one or more wires of the cable ([0087] “the operator may manually tune the frequency of the electrical energy source until it reaches the resonance frequency… Alternatively, auto-tune units may automatically lock on the insert resonance frequency once powered on”).
Ziemba discloses the scaler tip 102 comprises a polymer material that forms the working end of the scaler tip 102 ([0058] “the tip 102 may be made using high temperature plastic such as a polyetherimide like ULTEM.RTM., which is an amorphous thermoplastic polyetherimide; a polymeric alloy …or any other suitable resin plastic or composite… synthetic polymeric material, such as resin”).
As to claim 20, the scaler tip 102 has a curved configuration at 115, 117 (see Fig. 6D) in which the working end terminates with a working edge configured to engage and remove the plaque, calculus, and debris, the nozzle 119 being configured to direct the irrigation fluid spray toward the working edge ([0073] “tip 102 may be in the form of a scaler… or those useful for other periodontal treatments”; [0068] “the insert tip 102 may utilize an internal flow channel 117… which receives water… and exits the tip 102 at the aperture 119 to deliver it to the working area”).
As to claim 21, Ziemba discloses the oscillating or vibratory motion imparted to the scaler tip is linear ([0088] “in response to the ultrasonic vibration … the tip 102 and the connecting body 103 vibrates… rapid back and forth motion in the direction of the axis of the connecting body 103”).
As to claim 22, the motor comprises one of an eccentric weight vibration motor, a piezoelectric motor, and a magnetostrictive drive ([0086] “insert 100 is a magnetostrictive type”).
As to claims 26-27, the scaler tip 102 comprises an irrigation port 117 that extends from the base 114 to the nozzle 119 and is configured to deliver irrigation fluid from the handheld unit to the nozzle 119; the body is configured to apply the oscillating or vibratory motion to the fluid passing through the channel so that waves are imparted in the fluid (Fig. 6D; [0069] “aperture 119 is… of tip 102 which may have a small passage way 117 extending throughout the entire length such that water or any other liquid may exit the tip 102 at its distal point”)
As to claim 31, the scaler tip 102 is formed completely of the polymer material that forms the working end (Fig. 6D; ([0058] “the tip 102 may be made using high temperature plastic such as a polyetherimide like ULTEM.RTM., which is an amorphous thermoplastic polyetherimide; a polymeric alloy …or any other suitable resin plastic or composite… synthetic polymeric material, such as resin”).
As to claim 32, wherein the scaler tip 102 (Fig. 6D) further comprises a channel 117 for receiving irrigation fluid from the nozzle, the channel being configured to direct the irrigation fluid toward the working end (see Fig. 6D; [0068] “the insert tip 102 may utilize an internal flow channel 117… which receives water… and exits the tip 102 at the aperture 119 to deliver it to the working area”).
As to claim 33-34, the oscillating of vibratory motion is applied at an ultrasonic frequency of 20-50 kHz ([0087] "Ultrasonic inserts 100 may vibrate at frequencies from about 20 KHz to about 50 kHz”).
As to claims 35-36, Ziemba discloses the frequency is selectable to be continuous or pulsed, or modulated to one or more patterns (“[0116] “the speed and frequency of the connecting body movement”; [0117] “the voltage signal having between about, for example, 1 and about 10 volts, more for example, about 1 to about 5 volts, peak-to-peak, may be generated with the vibration frequency of 25 kHz”).
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 23-25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Ziemba in view of Paxton (US 2008/0014548).
Ziemba Fig. 11 shows the housing 200 as applied to claim 19 as detailed above.
As to claims 23, Ziemba discloses the housing 200 being configured to receive a collar 204 for securing the scaler tip to the housing (Fig. 11; [0130] “rotator head 204 has a generally cylindrical shape, a hollow interior, and an opening at each end of the interior, which is used to receive the distal end of the body 202 of the handpiece 200 at one end and a dental insert 100 at the other end. For example, at its distal end, the rotator head 204 has formed thereon an opening 211 for receiving the ultrasonic dental insert 100”). However, Ziemba’s housing 200 does not include the handle portion and a body, and wherein the tip comprising a base, as claimed in claim 23. Paxton discloses a periodontal apparatus 10 (Fig. 1; abstract), comprising a tip 16 and housing 12/14 (Fig. 1). The housing 12/14 is shown comprising a handle portion 12 and a body 60 at a working end of the handle portion 12 (Figs. 5-6); the body 60 is configured to receive a collar 74 for securing the tip 62 to the housing 12/14; wherein the body 60 comprises a fluid conduit configured to deliver irrigation fluid to the tip 62 (see Fig. 6). The tip 62 is shown comprising a base (annular flange extension of 62 abutting 60) forming an annular shoulder configured to engage the collar 74 to secure the tip 62 to the body with a bottom surface of the tip engaging/abutting an end surface of the body 60 (Fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ziemba by incorporating such housing comprising handle portion and body configured to receive a collar for securing the tip as disclosed by Paxton to be a suitable alternative connection mechanism to secure the tip to the housing with reasonable expectation of success.
Particularly to claims 23-24, regarding the wall thicknesses of the body and the handle portion, Paxton Fig. 6 shows the body 60 having a thicker wall thickness (due to the threading at body 60) than the wall thickness of the handle portion 12. However, Paxton is silent to the body 60’s wall thickness being at least double or at least 3-6 times the wall thickness of the handle portion 12. Nonetheless, considering the handle 12 forms a reservoir and handling surface, while the body 60 being the connection point for threading interface with the collar a, it would have been obvious to one having ordinary skill in the art to make the wall thickness of the body being at least double, or 3-6 times the wall thickness of the handle portion in order to provide a rigid and stable threading connection point when threading on the collar to secure the tip.
As to claim 25, Paxton shows the housing 12/14 comprising a first housing portion 12 and a second housing portion 14 configured to be connected to define the handle portion, wherein the body 60 is formed on the first housing portion 12 only (Figs. 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ziemba by incorporating such housing comprising a first and second housing portions as disclosed by Paxton to be a suitable alternative housing structure for such handheld dental apparatus that allows for multi-parts assemblage with reasonable expectation of success.
As to claim 28, Paxton shows the handheld unit 14 comprising a collar 74 configured to engage an annular shoulder of the base of the tip 60 and to secure the tip 62 to the handheld unit via a compressive force that urges the tip against the body, i.e. by threading the collar 74 onto the body 60 and secure the tip 62 therebetween the collar 74 and the body 60 (see Fig. 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ziemba by incorporating such housing comprising handle portion and body configured to receive a collar for securing the tip as disclosed by Paxton to be a suitable alternative connection mechanism to secure the tip to the housing with reasonable expectation of success.
5. Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Ziemba in view of Paxton, and further in view of Atkin (US 2004/0126738).
Ziemba/Paxton discloses the dental apparatus substantially as claimed as applied to claim 28 as detailed above. However, as to claim 29, Ziemba/Paxton fails to disclose the motor is configured to directly engage an end surface of the body opposite the end surface engaging the scaler tip as claimed.
Atkin discloses a dental apparatus comprising a motor (ultrasonic transducer 108) configured to directly engage an end surface of the body 103 opposite the end surface engaging the scaler tip 102 (Fig. 6; [0022] “dental insert 100 includes a tip 102 at its distal end and an ultrasonic transducer 108 at its proximal end. The tip 102 is coupled to the transducer 108 via a connecting body 103”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ziemba/Paxton by configuring the ultrasonic transducer/motor to directly engage the body as taught by Atkin in order to effectively transfer the oscillating/vibratory motion onto the tip.
6. Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Ziemba in view of Karazivan et al. (US 2004/0106081).
Ziemba discloses the tip as being made either entirely of plastic or entirely of metal ([0058] “the tip 102 may be made using high temperature plastic”; [0059] “tip 102 may also be made of metal or metallic alloys such as stainless steel").
Therefore, as per claim 30, Ziemba fails to disclose the tip comprising stainless steel insert coated with the polymer material that forms the working end.
Karazivan et al. discloses the tip 36 comprising a stainless steel insert coated with the polymer material 76 (see Fig. 11; [0075] “Covering or coating: the working tip can be covered by a covering 76 (see FIG. 11) to protect it against wear”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ziemba by utilizing the tip of stainless steel inserted coated or covered with a polymeric covering 76 as taught by Karazivan et al.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAO D MAI whose telephone number is (571)270-3002. The examiner can normally be reached Mon-Fri 8:00-4:30.
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/Hao D Mai/
Examiner, Art Unit 3772
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