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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/2/2025 has been entered.
Response to Amendments
The Amendment filed 12/2/2025 has been entered. Claim 1 was amended, and claims 2-4 and 6 were canceled. Thus, claims 1, 5, and 7-10 are pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5, and 7-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation “no anti-short-circuit structure is required” in lines 24-25 is confusing, as this limitation seems optional. In other words, the anti-short-circuit structure not being required does not mean it cannot still be present in the Applicant’s claimed invention anyway. Thus, it is not clear whether this invention precludes an anti-short-circuit structure or not, and so the claim is indefinite.
Any remaining claims are rejected based on their dependency on a rejected base claim
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fregoso et al. (US 2015/0238755 A1) in view of Andrews et al. (US 2002/0134674 A1, hereinafter Andrews ‘674), Andrews et al. (US 2021/0138099 A1, hereinafter Andrews ‘099), Tanaka et al. (US 2013/0164705 A1), and Salama et al. (US 2009/0114605 A1).
Regarding claim 1, as best understood, Fregoso discloses an oral irrigator (irrigation device for cleaning teeth) (abstract; para. [0042]), comprising:
an irrigator body (body of the irrigation device) (Figs. 12-13), the irrigator body comprising:
a power supply component, having a negative electrode and a positive electrode (electrodes in reservoir used to create the electrical/spark discharge, and there must be positive and negative electrodes to accomplish this) (Figs. 1, 12-13; para. [0073]; para. [0134]);
a water tank (water reservoir 1220) (Figs. 12-13; para. [0134]), comprising:
a water outlet being located at a bottom of the water tank (water reservoir 1220 would have an outlet for water to travel to the water inlet hose at its bottom) (Figs. 12-13; para. [0134]; claim 12), and
a nozzle (tip 1140) (Figs. 12-13; para. [0132]),
wherein water in the water tank is electrolyzed to generate ozone water and hydrogen-rich water (products of the electrical discharge from the electrodes treating the water include H* and ozone) (para. [0087]; para. [0134]), and the ozone water and hydrogen-rich water flow out from the water outlet to the nozzle of the irrigator body to be sprayed out (treated water is pumped from the reservoir 1220 outlet and out the tip 1140) (Figs. 12-13; para. [0132]; paras. [0134-0135]).
Fregoso does not disclose two cathode plates and one anode plate located between the two cathode plates, wherein the two cathode plates and the one anode plate are provided at the bottom of the water tank and electrically connected to the negative electrode and the positive electrode of the power supply component, respectively; wherein water in the water tank is electrolyzed by the two cathode plates and the one anode plate to generate ozone water and hydrogen-rich water; while the one anode plate and the second cathode plate are respectively provided with a plurality of through holes; and no anti-short-circuit structure is required to be provided between the first cathode plate and the one anode plate or between the second cathode plate and the one anode plate.
However, Andrews ‘674 teaches an electrochemical apparatus for ozone (Andrews ‘674; abstract) including two cathode plates and one anode plate located between the two cathode plates (cell can have a common anode and two cathodes) (Andrews ‘674; Fig. 4B; para. [0084]), wherein the two cathode plates and the one anode plate are electrically connected to the negative electrode and the positive electrode of the power supply component, respectively (cathodes are coupled to the negative terminal of a power source, while the anode is coupled to the positive terminal) (Andrews ‘674; Fig. 4B; para. [0049]; para. [0084]); wherein water in the water tank is electrolyzed by the two cathode plates and the one anode plate to generate ozone water and hydrogen-rich water (ozone and hydrogen are produced by an electrolytic process with the cathodes and anode in water) (Andrews ‘674; para. [0011]; para. [0078]); while the one anode plate and the second cathode plate are respectively provided with a plurality of through holes (cathodes and anode are made of porous material, such as mesh, screens, or perforated metal sheets, and thus have through holes) (Andrews ‘674; Fig. 4B; paras. [0051-0052]); and no anti-short-circuit structure is required to be provided between the first cathode plate and the one anode plate or between the second cathode plate and the one anode plate (no structure is recited as being an anti-short-circuit structure between the anode and cathodes, so there is not one required to function) (Andrews ‘674; Fig. 4B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fregoso device to include two cathode plates and one anode plate located between the two cathode plates and electrically connected to the negative electrode and the positive electrode of the power supply component, respectively; wherein water is electrolyzed by the two cathode plates and the one anode plate to generate ozone water and hydrogen-rich water; while the one anode plate and the second cathode plate are respectively provided with a plurality of through holes, and no anti-short-circuit structure is required to be provided between the first cathode plate and the one anode plate or between the second cathode plate and the one anode plate, as taught by Andrews ‘674, for the purpose of providing the device with a specific electrochemical apparatus structure that supports periodic, non-steady state, or discontinuous operation without suffering degradation of materials or loss of efficiency (Andrews ‘674; para. [0048]) which one of ordinary skill in the art could feasibly expect to perform similarly well.
With this modification, the modified Fregoso device would thus teach the two cathode plates and the one anode plate are provided at the bottom of the water tank (Fregoso electrodes 1230 are in the bottom of the water reservoir 1220, and so the Andrews ‘674 cathodes and anode connected to those Fregoso electrodes 1230 would also be on the water reservoir bottom) (Fregoso, Figs. 12-13, para. [0134]; Andrews ‘674, Fig. 4B, para. [0084]).
Fregoso does not disclose wherein a chamber is provided in a bottom plate of the water tank, the two cathode plates and the one anode plate are provided in the chamber, and the chamber is provided with an opening in communication with the water tank; wherein the opening is disposed on a surface of the bottom plate, the two cathode plates and the one anode plate are all aligned with the opening, wherein the two cathode plates comprise a first cathode plate located far from the opening and a second cathode plate is located adjacent to the opening.
However, Andrews ‘099 teaches an ozone spray generating unit (Andrews ‘099; abstract) wherein a chamber is provided in a bottom plate of the water tank, the two cathode plates and the one anode plate are provided in the chamber, and the chamber is provided with an opening in communication with the water tank (tank 14 has a body 50 on its bottom plate with a chamber in which the electrodes 80 are located, and which has an opening to permit water W from tank 14 to flow into the body 50, such as from grate 82) (Andrews ‘099; Figs. 3-4, 7; para. [0032]); wherein the opening is disposed on a surface of the bottom plate (opening through bottom surface of tank 14 through which water contacts the electrodes 80) (Andrews ‘099; Figs. 3-4, 7; para. [0032]), the two cathode plates and the one anode plate are all aligned with the opening (electrodes 80 are aligned with the opening through the tank 14 bottom) (Andrews ‘099; Figs. 3-4, 7; para. [0032]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fregoso water tank to include a chamber is provided in a bottom plate of the water tank, the two cathode plates and the one anode plate are provided in the chamber, and the chamber is provided with an opening in communication with the water tank, wherein the opening is disposed on a surface of the bottom plate, the two cathode plates and the one anode plate are all aligned with the opening, as taught by Andrews ‘099, for the purpose of providing a removable support structure for the components of the ozone generator (Andrews ‘099; para. [0028]), thereby allowing for a user to more easily remove those components for maintenance, cleaning, and/or replacement.
With this modification, the modified Fregoso would thus teach wherein the two cathode plates comprise a first cathode plate located far from the opening and a second cathode plate is located adjacent to the opening (one Andrews ‘674 cathode would be farthest from the Andrews ‘099 opening in the tank 14 bottom while the other Andrews ‘674 cathode would be adjacent to the Andrews ‘099 opening in the tank 14 bottom) (Andrews ‘674, Fig. 4B, para. [0084]; Andrews ‘099, Figs. 3-4 and 7, para. [0032]).
Fragoso does not disclose wherein the first cathode plate has no through holes.
However, Tanaka teaches an oral cleaning device (Tanaka; abstract) wherein a cathode/anode plate located farthest from the opening has no through holes (electrode 52 has a plurality of holes 53 while electrode 52 is a plate without holes) (Tanaka; Fig. 3; para. [0064]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Fregoso such that the first cathode plate has no through holes, as taught by Tanaka, for the purpose of accelerating the molecule produced at the electrode with holes relative to the molecule produced at the electrode without holes (Tanaka; Fig. 3; para. [0064]).
Fregoso does not disclose wherein a distance between the first cathode plate and the one anode plate or between the second cathode plate and the one anode plate is smaller than or equal to 1 mm.
However, Salama teaches a device for generating ozone in water (Salama; abstract) wherein a distance between a cathode plate and an anode plate is less than or equal to 1 mm (gap 13 between plate electrodes 7, 9 is from about 1 mm to 5 mm, thereby overlapping the claimed range) (Salama; Fig. 2; para. [0082]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Fregoso cathodes and anode such that a distance between a cathode plate and an anode plate is less than or equal to 1 mm, as taught by Salama, for the purpose of optimizing ozone production (Salama; para. [0082]).
Regarding claim 9, the modified Fregoso teaches wherein the two cathode plates and the one anode plate are circular in shape (Andrews ‘674 common anode 18 and two cathodes 12, 14 are circular) (Andrews ‘674; Fig. 4B; para. [0080]; para. [0084]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fregoso in view of Andrews ‘674, Andrews ‘099, Tanaka, and Salama as applied to claim 1 above, and further in view of Nitta et al. (US 2017/0334750 A1).
Regarding claim 5, the modified Fregoso teaches the invention as previously claimed, but does not teach wherein the at two cathode plates and the one anode plate all have a material of titanium alloy.
However, Nitta teaches an electrolysis device for generating ozone water and hydrogen (Nitta; abstract; para. [0058]; para. [0100]) wherein the cathode plate and the anode plate all have a material of titanium alloy (cathode and anode substrates can both include titanium alloys) (Nitta; paras. [0088-0089]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Fregoso cathode plates and anode plate such that the two cathode plates and the one anode plate all have a material of titanium alloy, as taught by Nitta, for the purpose of providing the cathodes and anode with specific suitable materials which one of ordinary skill in the art could reasonably assume to work similarly well.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fregoso in view of Andrews ‘674, Andrews ‘099, Tanaka, and Salama as applied to claim 1 above, and further in view of Hu (CN 205295490 U, see attached translation).
Regarding claim 7, the modified Fregoso teaches the invention as previously claimed, but does not teach wherein, between the second cathode plate and the one anode plate, between the first cathode plate and a bottom surface of the chamber, and between the second cathode plate and a top surface of the chamber, insulating annular seals are provided respectively, and the opening is located at an inner side of the insulating annular seal between the second cathode plate and the top surface of the chamber.
However, Hu teaches an electrolytic device for generating ozone (Hu; translation para. [0002]) wherein insulating annular seals are provided between each layer adjacent to the anode and cathode (first cathode gasket 2, second cathode gasket 4, first anode gasket 9, second anode gasket 11; the first cathode gasket 2 and second cathode gasket 4 separate the cathode electrode mesh plate 3 from its adjacent layered components, and the first anode gasket 9 second anode gasket 11 separate the anode electrode mesh plate 10 from its adjacent layered components) (Hu; Figs. 1-3; translation para. [0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Fregoso cathodes and anode to have insulating annular seals are provided between each layer adjacent to the anode and cathode, as taught by Hu, for the purpose of providing a seal structure to help prevent leaks in the cell.
With this modification, the modified Fregoso would thus teach wherein, between the second cathode plate and the one anode plate, between the first cathode plate and a bottom surface of the chamber, and between the second cathode plate and a top surface of the chamber, insulating annular seals are provided respectively, and the opening is located at an inner side of the insulating annular seal between the second cathode plate and the top surface of the chamber (Hu annular gaskets would be between each of the Andrews ‘674 common anode 18 and two cathodes 12, 14 and their respective adjacent layers; thus, there would be a Hu gasket between Andrews ‘674 anode 18 and a top cathode, between Andrews ‘674 anode 18 and a bottom cathode, between Andrews ‘674 bottom cathode and Andrews ‘099 bottom surface of the chamber in body 50 holding the electrodes 80, and between Andrews ‘674 top cathode and Andrews ‘099 top surface of the chamber in body 50 holding the electrodes 80; the Andrews ‘099 opening for the water to access the top of Andrews’ 674 top cathode is located at the inner side of the Hu annular gasket between the top of the Andrews’ 674 top cathode and the top of the Andrews ‘099 chamber in body 50 for holding electrodes 80) (Andrews ‘674, Fig. 4B, para. [0080], para. [0084]; Andrews ‘099, Figs. 3-4, 7, para. [0032]; Hu, Figs. 1-3, translation para. [0031]).
Claim 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fregoso in view of Andrews ‘674, Andrews ‘099, Tanaka, and Salama as applied to claim 1 above, and further in view of Inakagata et al. (US 5,928,505).
Regarding claim 8, the modified Fregoso teaches the invention as previously claimed, including wherein the irrigator body further comprises a pump body (water pump 1250 has a body) (Fregoso; Figs. 12-13; para. [0134]), an inlet of the pump body is in communication with the water outlet of the water tank, and an outlet of the pump body is in communication with the nozzle of the irrigator body (an inlet to water pump 1250 is in fluid communication with the outlet from water reservoir 1220, and an outlet to water pump 1250 is in fluid communication with the tip 1140 which dispenses the treated water) (Fregoso; Figs. 12-13; paras. [0131-0132]; para. [0134]), but does not teach a motor matching the pump body.
However, Inakagata teaches a water purification and dispensing apparatus (Inakagata; abstract) including a motor matching the pump body (motor 16 to operates pump 14 to put water under pressure) (Inakagata; Fig. 1b; col. 5, lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fregoso pump such that it includes a motor matching the pump body, as taught by Inakagata, for the purpose of providing the pump with a specific suitable mechanism for pressurizing and moving water well known in the art (Inakagata; col. 5, lines 1-10), which one of ordinary skill in the art could feasibly expect to perform reasonably well.
Regarding claim 10, the modified Fregoso teaches wherein the inlet of the pump body is connected to the outlet of the water tank through a connection pipe (the inlet to water pump 1250 is fluidly connected to the outlet from water reservoir 1220 via the illustrated water inlet hose) (Fregoso; Figs. 12-13; para. [0134]).
Response to Arguments
Applicant's arguments filed 12/2/2025 have been fully considered but they are not persuasive.
Applicant’s arguments on page 5 in the last paragraph to page 6 in the last paragraph of the Applicant’s remarks, as well as page 7 in the second paragraph to page 8 in the first paragraph of the Applicant’s remarks, with respect to the newly amended claim 1 have been considered but are moot in view of new grounds of rejection with new additional Andrews ‘674 and Salama references being used in the current rejection as discussed above.
On page 7 in the first paragraph of the Applicant’s remarks, the Applicant argues that Salama prefers a distance between electrodes of 2 to 3 mm, does not mention the limit value of less than or equal to 1 mm, and does not have the distance for the same reason as the Applicant’s invention, and thus cannot be used to teach the Applicant’s claimed invention. However, the Examiner respectfully disagrees. According to the MPEP 2123(II), preferred embodiments to not constitute a teaching away from a broader disclosure or nonpreferred embodiments. Additionally, according to the MPEP 2144.05(I), in the cases where claimed ranges overlap, a prima facie case of obviousness exists. Moreover, according to the MPEP 2144(IV), it is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. With these points in mind, Salama’s teaching of the gap between electrodes preferably being about 1 to 5 mm (Salama; para. [0082]) for the purpose of optimizing ozone production by controlling hydrogen bubble size (Salama; para. [0061]; para. [0082]) can still be used to teach the Applicant’s overlapping range of equal to or less than 1 mm for electrolysis efficiency improvement. Thus, the current prior art of record can still teach the Applicant’s claimed invention.
Conclusion
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785