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 .
Response to Arguments
Applicant's arguments filed 07/30/2026 have been fully considered but they are not persuasive. In response to the argument regarding Iglehart reference, it is noted that the claims are drawn to an apparatus. Iglehart discloses the RGB lights and optical detector, which is capable of detecting the plaque/fluorescence or where dental care agent should be deposited. The Examiner suggests narrowing the RGB sensor/detector if it has specials abilities to detect plaque over the prior art.
With regard the statement of intended use and other functional statements, they do not impose any structural limitations on the claims distinguishable over the prior art which is capable of being used as claimed if one so desires to do so. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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) 1-2, 4 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Houle (US 2008/0255498) in view of Barnes et al. (2017/0020277) in view of Iglehart (WO 2017/180681A1)
Regarding claim 1, Houle discloses an oral care device in FIGS. 55-58 comprising:
a mouthpiece having an upper channel configured to fit over upper teeth and a lower channel configured to fit over lower teeth of a user ([0419], “the mouthpiece 240 is sized to cover the upper teeth and/or the lower teeth”. As shown in FIG. 55, there is an upper channel and a lower channel as defined by the U-shaped walls.);
Wherein the mouthpiece further comprises:
One or more magnetic elements ([0417], “The mouthpiece 240 has one or more transducers 244 (having connections 250), for example light sources 245 and/or acoustic devices, and/or electrodes and/or coils and/or plates for creating electric and/or magnetic fields. The transducers 244 deliver energy to the oral cavity, for example light energy and/or acoustic energy (e.g., ultrasound), and/or create electric fields and/or magnetic fields. The transducers are configured to direct energy in any direction”; [0577]; The “transducers 244 which create “electric fields and/or magnetic fields” are construed as an electromagnet/magnetic element.),
And a vibrating motor ([0577], “vibrating device”. As [0417] states that multiple different transducer types can be used in the embodiment of FIG. 55-58 ([0417], “one or more transducers”) and [0577] states that the “It is apparent to one skilled in the art that various changes and modifications are made to this disclosure, and equivalents employed, without departing from the spirit and scope of the invention. Elements shown with any embodiment are exemplary for the specific embodiment and are used on other embodiments within this disclosure. For example, a vibrating device, acoustic source, ultrasonic energy source, illuminating device, electromagnetic energy source (e.g., light source), electric energy source, magnetic energy source, and thermal energy source are substituted for each other throughout this disclosure”). Barnes teaches a vibrating device to be a vibrating motor in a dental device ([0248]). 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 Houle, by modifying the mouthpiece of Houle by providing a vibrating motor as a vibration device as it is art equivalent for producing vibrations to the device.
Houle discloses the transducers, magnetic elements are integrated into the mouthpiece ([0417]). Houle further discloses a suspension comprising iron oxide nanoparticles ([0252]) and vibrating motor is capable to re-suspend the iron oxide particles from vibrations to the oxide particles. The suspension is capable of being binding to the plaque and staining the plaque as claimed due to its material properties.
Houle fail(s) to disclose that the mouthpiece of the embodiment of FIGS. 55-58 is flexible; however, Houle discloses using flexible applicators ([0377] “The applicator 63A is flexible. The applicator 63A is configured to conform to the shape of the surface onto which the applicator 63A is applied. The applicator has a flexible backing sheet 222 having electrical connection 225. The outline (e.g., pattern of the circumferential edge) and shape (e.g., curvature) of the applicator are pre-configured for a specific treatment site, for example upper teeth, lower teeth, tongue, specific skin area (e.g., bridge of the nose, around the mouth, a "whole face" mask), and/or can come in sizes (e.g., small, medium, large.”. As the applicator is flexible and be pre-configured for upper teeth/lower teeth.).
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 Houle, by modifying the mouthpiece of the embodiment of FIGS. 55-58 to be flexible, as taught by Houle, for the purpose of pre-configuring it to fit in a specific treatment area and flexing to adjust to said environment to provide comfort to the patient during use.
Houle discloses the claimed invention substantially as claimed as set forth above.
Houle fail(s) to disclose the device further comprises a photodetector or RGB sensor, wherein the photodetector is coupled to a light-emitting diode.
However, Iglehart discloses a dental device in figures 1-6 which has RGB LEDS (e.g. 104) and Photodetector (e.g. 106) integrated with the device for detection of blue light or fluorescence indicative of plaque bound oxide particles ([0039], [0041], [0057])
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 Houle/Barnes, by including the device further integrating a photodetector or RGB sensor; wherein the photodetector is coupled to a light-emitting diode, as taught by Iglehart for detection and treatment of plaque, tarter and gingivitis.
Regarding claim 2, Houle further discloses wherein the one or more magnetic elements comprise an electromagnet ([0417], “The mouthpiece 240 has one or more transducers 244 (having connections 250), for example light sources 245 and/or acoustic devices, and/or electrodes and/or coils and/or plates for creating electric and/or magnetic fields. The transducers 244 deliver energy to the oral cavity, for example light energy and/or acoustic energy (e.g., ultrasound), and/or create electric fields and/or magnetic fields. The transducers are configured to direct energy in any direction”; [0577]; The “transducers 244 which create “electric fields and/or magnetic fields” are construed as an electromagnet.), adapted to apply a magnetic field to a biofilm to actuate iron oxide nanoparticles ([0252] describes using magnetic fields to interact with iron oxide nanoparticles (CLIOS) and thus is deemed to be functionally capable) to assemble into antimicrobial robots or autonomous magnetic bristles or robots (For examination purposes “antimicrobial robots”, “autonomous magnetic bristles or robots” is construed to be interpreted by the examiner as applicant’s own terminology for any magnetic element acting on iron oxide nanoparticles and does not impart additional structure. As described above Houle discloses using magnetic elements to act on iron oxide nanoparticles and is construed to meet the limitations.).
Regarding claim 5, Houle further discloses wherein the mouthpiece contains a suspension comprising iron oxide nanoparticles ([0421], [0510], [0252]; A fluid inlet 260 supplies a fluid, such as water and/or sensitizer solution. The sensitizer contains magnetic nanoparticles which are iron oxide nanoparticles ([0252], “The magnetic particles include those described in U.S. Pat. No. 6,797,380 by Bonitatebus, et al., which describes nanoparticles comprising an inorganic core of, for example, a superparamagnetic material and a ionizable polymerizeable outer coating to which a number of molecule classes are optionally connected. The magnetic particles include monocrystalline iron oxide nanoparticles (MIONs) and/or cross-linked iron oxide nanoparticles (CLIOs). In certain embodiments the magnetic particles are connected to the sensitizer. The sensitizer and/or molecules connected to the sensitizer, for example, targeting moieties, are optionally among those compounds that are affected by the magnetic field.”), and
Wherein the mouthpiece is configured to provide contact between the suspension and surface of upper teeth, lower teeth, including between the teeth, and gums of the user ([0419] as the mouthpiece 240 covers the upper/lower teeth and gums and fluid inlets 260 administers the sensitizer fluid to all of the described surfaces, the mouthpiece is capable of administering the fluid to the surfaces of the upper teeth, lower teeth, including between the teeth, and gums of the user.).
Regarding claim 6, Houle further discloses wherein the suspension further comprises one or more abrasive compounds ([0510], [0217], “The sensitizer solution optionally has abrasives”).
Regarding claim 7, Houle further discloses wherein the suspension further comprises hydrogen peroxide ([0170], describes that the sensitizer solution can contain hydrogen peroxide; [0021], [0027]).
Regarding claim 8-9, Houle further discloses wherein the suspension further comprises enzymes for example glucose oxidase ([0510, [0219], “The sensitizer solution optionally includes peptides…enzymes (e.g., those normally found in saliva, e.g., lysozyme, lactoferrin, lactoperoxidase, glucose oxidase)”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Patel Yogesh whose telephone number is (571)270-3646. The examiner can normally be reached between 9 AM – 5:30 PM on Monday, Thursday and Friday.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE Bosques Edelmira, at (571) 270-5614.
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/YOGESH P PATEL/ Primary Examiner, Art Unit 3772
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