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 § 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 1-3, 5, 7-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chenvainu et al. (US 20050272002, hereinafter Chenvainu) in view of Tweedie et al. (US 20180125621, hereinafter Tweedie) and Black (US 20070113903).
Regarding Claim 1, Chenvainu discloses an apparatus (10; Figures 1-6b, 12-15, 18a-18c) for fluid delivery in oral irrigation (abstract), the apparatus comprising: a fluid delivery tube (40; Figure 3b) with a proximal end (Figure 3b) and a distal end (figure 3b), wherein the proximal end is configured to receive fluid for oral irrigation (Paragraph [0058]); and
a nozzle (140; Figure 15) at the distal end of the fluid delivery tube (Figures 14-15; paragraph [0080]); and
a mechanical valve (122; figure 14; [0078]) at the nozzle,
a fluid reservoir (274; figure 23b; paragraph [0097]);
a pump (38; figure 3a), wherein the pump is configured to pump fluid from the fluid reservoir through the fluid delivery tube (Paragraph [0057-0058]).
Chenvainu does disclose fluid accumulates in the passageway (paragraph [0058]), however does not explicitly disclose that it is a hydraulic accumulator configured to store fluid in the fluid delivery tube at a constant pressure when the mechanical valve is closed; and wherein the mechanical valve is closed in equilibrium and configured to open when a force is applied to the mechanical valve by each of two neighboring teeth and wherein, in equilibrium, the pressure of the fluid in the fluid delivery tube applies a pressure driven force to the mechanical valve.
Tweedie discloses an apparatus (figure 2) for fluid delivery in oral irrigation (paragraph [0123]), the apparatus comprising: a fluid delivery tube (230; Figure 2) with a proximal end (Figure 2) and a distal end (figure 2), wherein the proximal end is configured to receive fluid for oral irrigation (Paragraph [0122]); and a nozzle (42; Figure 2) at the distal end of the fluid delivery tube (figure 2); and a mechanical valve (64; figure 2; paragraph [0123]); a hydraulic accumulator (62; figure 2; paragraph [0123]) configured to store fluid in the fluid delivery tube at a constant pressure when the mechanical valve is closed (paragraph [0123]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the system of Chenvainu to include a hydraulic accumulator as taught by Tweedie in order to allow a burst of fluid to be expelled by the nozzle at one time (paragraph [0123]).
Black discloses an apparatus (figures 1-2) comprising: a nozzle (10; figures 1-2) and a mechanical valve (Figure 2) at the nozzle (figure 1); wherein the mechanical valve is closed in equilibrium (paragraph [0002] discloses the valve is closed when no external pressure is applied to the valve) and configured to open when a force is applied to the mechanical valve by each of two neighboring teeth (paragraph [0002] discloses the valve opens when there is a positive differential) and wherein, in equilibrium, the pressure of the fluid in the fluid delivery tube applies a pressure driven force to the mechanical valve (paragraph [0002]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the mechanical valve of Chenvainu so when the mechanical valve is closed in equilibrium and configured to open when a force is applied to the mechanical valve by each of two neighboring teeth and wherein, in equilibrium, the pressure of the fluid in the fluid delivery tube applies a pressure driven force to the mechanical valve as taught by Black in order to precent leakage from the valve when the device is not in use.
Regarding claim 2, Chenvainu as modified by Tweedie and Black discloses the device of claim 1. Chenvainu discloses the mechanical valve is configured to open when the mechanical valve is compressed by the two neighboring teeth (paragraph [0078] and [0080] which discloses the valve to be a duckbill valve. When duckbill valves are compressed toward the teeth it will allow the opening of the valve in addition to the pumped fluid pressure).
Regarding Claim 3, Chenvainu as modified by Tweedie and Black discloses the device of claim 1. Chenvainu discloses the mechanical valve comprises two side portions and wherein the mechanical valve is configured to open when a force is applied to the two side portions simultaneously (paragraph [0078] and [0080], which discloses the valve to be a duckbill valve. When duckbill valves are compressed toward the teeth it will allow the opening of the valve in addition to the pumped fluid pressure).
Regarding Claim 5, Chenvainu as modified by Tweedie and Black discloses the device of claim 1. Chenvainu discloses the mechanical valve is a duckbill valve (paragraph [0078]).
Regarding Claim 7, Chenvainu as modified by Tweedie and Black discloses the device of claim 1. Chenvainu discloses a toothbrush head (20; figures 12, 14-15) having a plurality of bristles (138; figures 14-15) protruding therefrom (Figures 15-16), wherein the nozzle protrudes from the head with the bristles (Figures 14-15).
Regarding Claim 8, Chenvainu as modified by Tweedie and Black discloses the device of claim 7. Chenvainu discloses a toothbrush stem (16; figure 12), wherein the nozzle is connected to the toothbrush stem with an elastically controlled connection (paragraphs [0078], [0082], and [0084]).
Regarding Claim 11, Chenvainu as modified by Tweedie and Black discloses the device of claim 9. Chenvainu discloses the pump is a pulsatile irrigation pump (Paragraph [0095]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chenvainu et al. (US 20050272002, hereinafter Chenvainu), Tweedie et al. (US 20180125621, hereinafter Tweedie) and Black (US 20070113903) in view of Dorward et al. (US 20180344441, hereinafter Dorward).
Regarding Claim 4, Chenvainu as modified by Tweedie and Black discloses the device of claim 1. Chenvainu does not disclose the mechanical valve has a cracking pressure of at most 1200 kPa.
Dorward discloses an apparatus for fluid delivery in oral irrigation (Figure 1), the apparatus comprising: a fluid delivery tube (22, 44, 42; figure 1); a mechanical valve (paragraph [0193]); the mechanical valve has a cracking pressure of at most 1200 kPa (paragraph [0193] discloses a cracking pressure of 2 psi). It would have been obvious to one ordinary skill in the art before the effective filing date to have modified the mechanical valve of Chenvainu to have a cracking pressure of 2 psi as taught by Dorward in order to prevent backflow (paragraph [0193]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chenvainu et al. (US 20050272002, hereinafter Chenvainu), Tweedie et al. (US 20180125621, hereinafter Tweedie), and Black (US 20070113903) in view of Liu et al. (US 20220110731, hereinafter Liu).
Regarding Claim 6, Chenvainu as modified by Tweedie and Black discloses the device of claim 1. Chenvainu discloses wherein the mechanical valve comprises an elastomeric tip portion (Figure 12; paragraph [0090]).
Chenvainu does not disclose a clamp, wherein the clamp is configured to keep the elastomeric top portion closed in equilibrium and further configured to open the elastomeric tip portion when a force is applied to the clamp.
Liu an apparatus for fluid delivery in oral irrigation (100; Figure 1), a nozzle (400; figure 1; paragraph [0043]) at the distal end of a fluid delivery tube (paragraph [0043]); a valve (602; figure 3; paragraph [0043]), a clamp (603; figure 3; paragraph [0043]), wherein the clamp is configured to keep the elastomeric top portion closed in equilibrium and further configured to open the elastomeric tip portion when a force is applied to the clamp (paragraph [0043] and [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the connection between the elastomeric tip and the valve to have a clamp as taught by Liu in order to limit the pressure from the device (paragraph [0048]).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chenvainu et al. (US 20050272002, hereinafter Chenvainu), Tweedie et al. (US 20180125621, hereinafter Tweedie), and Black (US 200701139033) in view of Bergheim et al. (US 20170273758, hereinafter Bergheim).
Regarding Claim 12, Chenvainu as modified by Tweedie and Black discloses the device of claim 9. Chenvainu does not disclose a pressure sensor for measuring the pressure in the fluid delivery tube; and/or a flow sensor for measuring the flow of fluid in the fluid delivery tube.
Bergheim discloses an apparatus for fluid delivery in oral irrigation (Figure 2), the apparatus comprising: a fluid delivery tube (49; figure 2) with a proximal end (Figure 2) and a distal end (Figure 2), wherein the proximal end is configured to receive fluid for oral irrigation (Figure 2; paragraph [0044]); a pressure sensor (48; figure 2) for measuring the pressure in the fluid delivery tube (Paragraph [0044]); a controller (51; figure 2; paragraph [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the fluid delivery tube of Chenvainu to have a pressure sensor and a controller to adjust the amount of force from the pump and the motor and provide a target pressure for the fluid delivered to the handpiece (paragraph [0044]).
Regarding Claim 13, Chenvainu as modified by Tweedie, Black, and Bergheim discloses the device of claim 12. Chenvainu as modified by Bergheim discloses a controller configured to control the pump and wherein the controller is further configured to turn off or reduce the power delivery to the pump when the mechanical valve is closed (Bergheim, paragraph [0044]). As explained in the above rejection of claim 12, the controller of Bergheim is being added in order to adjust the amount of force from the pump and the motor and provide a target pressure for the fluid delivered to the handpiece (paragraph [0044]).
Regarding Claim 14, Chenvainu as modified by Tweedie, Black and Bergheim discloses the device of claim 13. Chenvainu as modified by Bergheim discloses he controller is configured to increase the power delivery to the pump based on the pressure sensor measuring a drop in pressure in the fluid delivery tube (Bergheim, paragraph [0044]). As explained in the above rejection of claim 12, the controller of Bergheim is being added in order to adjust the amount of force from the pump and the motor and provide a target pressure for the fluid delivered to the handpiece (paragraph [0044]).
Response to Arguments
Applicant's arguments filed 10/31/25 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Chenvainu does not disclose a hydraulic accumulator, the Examiner notes that Tweedie is used to teach such limitation.
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 Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772