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 .
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 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.
Status of Claims
Claims 1 – 22 are pending
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3 – 19 are rejected under 35 U.S.C. U.S.C. 103 as being unpatentable over Deane et al (WO 2019/137841 A1) herein citing equivalent U. S. Patent Publication No. 2020/0329857 A1) in view of Follows et al. (U. S. Patent Publication No. 2018/0289458 A1).
Regarding Independent Claim 1, Deane teaches a controller (processor, 110) for generating a control signal for an oral care system (oral care device, 100; Fig. 1) , wherein the controller (110) is configured for receiving orientation data (Abstract) generated by the oral care system (100) , wherein the orientation data describes at least one angle between the oral care system and a target surface in an oral cavity or an angle relative to a reference vector (Paragraph [0052]), wherein the controller (110) is configured for comparing the received orientation data with at least one defined orientation condition (Paragraph [0064]).
Deane does not explicitly teach wherein the controller is configured for comparing the received orientation data with at least one defined orientation condition and wherein the controller is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition, wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system.
Follows, however, teaches a controller (control circuit, 58) for generating a control signal for an oral care system (appliance, 10); wherein the controller (58) is configured for comparing the received data with at least one defined condition (Paragraphs [0036] and [0037]) and wherein the controller (58) is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition (Paragraph [0058]), wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system (Paragraph [0058]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Deane to explicitly teach the controller is configured for comparing the received orientation data with at least one defined orientation condition and wherein the controller is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition, wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system, as taught by Follows, to provide a controller that enables real-time adaptation of brushing techniques, improved cleaning efficiency by ensuring proper, user-specific, or zone-specific orientation, and provides guidance to enhance oral hygiene routines based on precise, live positioning data.
Regarding Claim 3, Deane, as modified, teaches the controller (processor, 110) wherein the first control signal is configured for triggering an activation or a deactivation of a fluid delivery (Paragraphs [0060] – [0061]).
Regarding Claim 4, Deane, as modified, teaches the controller (processor, 110) wherein the first control signal is configured for triggering an adaption of at least one operation parameter of at least one actuator of the oral care system selected from the group consisting of a fluid actuator, a mechanical actuator, an electric actuator, a magnetic actuator, an electromagnetic, a triboelectric and an ultrasonic actuator (Paragraphs [0060] – [0061]).
Regarding Claim 5, Deane, as modified, teaches the controller (processor, 110) wherein the first control signal is configured for triggering an adaption of an orientation and/or a geometry change of a fluid emitting element of the oral care system , or a selective activation of a single nozzle from a plurality of fixed nozzles (Paragraphs [0060] – [0061]). .
Regarding Claim 6, Deane, as modified, teaches the controller (processor, 110) wherein the controller is configured for generating a second control signal in case the orientation condition is not fulfilled (Claims 11 and 12), and wherein the controller is configured for sending the second control signal to the oral care system for outputting instructions to a user of the oral care system in order to meet the orientation condition of the oral care system (Claims 11 and 12).
Regarding Claim 7, Deane, as modified, teaches the controller (processor, 110) wherein the controller is configured for receiving position data describing a position of an element of the oral care system , wherein the controller is configured for comparing the received position data with at least one pre-defined position condition, and wherein the controller is configured for generating the first control signal for the oral care system if the received position data meets the pre-defined position condition (Paragraphs [0062] and – [0064] – [0065]).
Regarding Claim 8, Deane, as modified, teaches the controller (processor, 110) wherein the controller (110) is configured for detecting an occlusal surface, an interdental space between at least two teeth, a gum line, a gingival pocket and/or a tooth quadrant based on the received position data, and wherein the controller is configured for generating the first control signal based on said detection (via detector, 114; Paragraph [0055]).
Regarding Claim 9, Deane, as modified, teaches the controller (processor, 110) wherein the controller is configured for comparing the received orientation data and the received position data with a pre-defined position-specific orientation condition or an orientation- specific position, and wherein the controller is configured for generating the first control signal if the position data and the orientation data meet the pre-defined position-specific orientation condition or the orientation-specific position (Paragraphs [0062] and – [0064] – [0065]).
Regarding Independent Claim 10, Deane teaches an oral care system comprising: comprising a controller (110) comprising an oral care element (handle portion, 106); a controller (110) within the oral care element (106; Fig. 1), said controller (110) configured to receive orientation data generated by the system (Abstract), wherein the orientation data describes at least one angle between the oral care systemin an oral cavity or an angle relative to a reference vector (Paragraph [0052]), wherein the controller is configured for comparing the received orientation data with at least one defined orientation condition (Paragraph [0064]).
Deane does not explicitly teach wherein the controller is configured for comparing the received orientation data with at least one defined orientation condition and wherein the controller is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition, wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system.
Follows, however, teaches a controller (control circuit, 58) for generating a control signal for an oral care system (appliance, 10); wherein the controller (58) is configured for comparing the received data with at least one defined condition (Paragraphs [0036] and [0037]) and wherein the controller (58) is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition (Paragraph [0058]), wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system (Paragraph [0058]).
Regarding Claim 11, Deane, as modified, teaches the oral care system comprising: a sensor unit for measuring the orientation of the element (Paragraphs [0008] – [0010]).
Regarding Independent Claim 12, Deane teaches a method (Paragraph [0018]) for generating a control signal (Paragraph [0019]), the method comprising the steps of:-receiving orientation data and/or position data generated by an oral care system (Abstract) wherein the orientation data describes at least one angle between the oral care system and a target tissue surface in an oral cavity or an angle relative to a reference vector (Paragraph [0052]), comparing the received orientation data and/or position data with at least one pre- defined orientation condition and/or with at least one defined position condition (Paragraph [0064]).
Deane does not explicitly teach wherein the controller is configured for comparing the received orientation data with at least one defined orientation condition and wherein the controller is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition, wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system.
Follows, however, teaches a controller (control circuit, 58) for generating a control signal for an oral care system (appliance, 10); wherein the controller (58) is configured for comparing the received data with at least one defined condition (Paragraphs [0036] and [0037]) and wherein the controller (58) is configured for generating a first control signal for the oral care system if the received orientation data fulfills the pre-defined orientation condition (Paragraph [0058]), wherein the first control signal is configured to trigger or adapt an oral care procedure performed by the oral care system (Paragraph [0058]).
Regarding Claim 13, Deane, as modified, teaches the method further comprising the step of:-triggering an activation and/or a deactivation of a fluid delivery (Paragraphs [0060] – [0061]).
Regarding Claim 14, Deane, as modified, teaches the method further comprising the steps of:-detecting feature of the oral cavity in an image of the oral cavity (Paragraph [0069]), and generating the first control signal for the oral care system if the received orientation data meets the pre-defined orientation condition and based on said detection of feature of the oral cavity (Paragraphs [0060] – [0065]). .
Regarding Claim 15, Deane, as modified, teaches a computer program, which when executed instructs a processor unit to perform the steps of the method (Paragraph [0073]).
Regarding Claim 16, Deane, as modified, teaches the method wherein the step of triggering an activation and/or a deactivation of a fluid delivery (Paragraphs [0060] – [0061]) comprises activation and/or a deactivation of a flossing operation (Paragraph [0036]).
Regarding Claim 17, Deane, as modified, teaches the method wherein the feature of an oral cavity includes at least one feature chosen from the group comprising: an occlusal surface, a gum line, and a gingival pocket (via detector, 114; Paragraphs [0036] and [0055]).
Regarding Claim 18, Deane, as modified, teaches the oral care system (Fig. 1) wherein the element is at least one chosen from the group comprising: a handle (106), a brush head, a flossing head, and a mouthpiece (Fig. 1).
Regarding Claim 19, Deane, as modified, teaches the oral care system (Fig. 1) further comprising a sensor for measuring the position of the element (Abstract).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Deane et al. (WO 2019/137841 A1) herein citing equivalent U. S. Patent Publication No. 2020/0329857 A1) in view of Follows et al. (U. S. Patent Publication No. 2018/0289458 A1) and Wang et al (U. S Patent Publication No. 2015/044629 A1).
Regarding Claim 2, Deane, as modified, teaches the controller according to claim 1 as discussed above.
Deane does not explicitly teach the at least one angle of the orientation data is a roll angle , a pitch angle , a yaw angle and/or a combination of at least two of said angles between at least one element of the oral care system and the target surface in the oral cavity or of the at least one element of the oral care system relative to a reference vector.
Wang, however, teaches at least one angle of the orientation data is a roll angle , a pitch angle , a yaw angle and/or a combination of at least two of said angles between at least one element of the oral care system and the target surface in the oral cavity or of the at least one element of the oral care system relative to a reference vector (Paragraph [0037]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Deane to explicitly teach the at least one angle of the orientation data is a roll angle , a pitch angle , a yaw angle and/or a combination of at least two of said angles between at least one element of the oral care system and the target surface in the oral cavity or of the at least one element of the oral care system relative to a reference vector, as taught by Wang, to detect accurately the position of the brush to ensure and detect that all the teeth are brushed, thus providing a superior cleaning.
Claim 20 – 22 are rejected under 35 U.S.C. 103 as being unpatentable over Deane et al. (WO 2019/137841 A1) herein citing equivalent U. S. Patent Publication No. 2020/0329857 A1) in view of Follows et al. (U. S. Patent Publication No. 2018/0289458 A1) and Serval et al (U. S Patent Publication No. 2020/0179089 A1).
Regarding Claim 2, Deane, as modified, teaches the controller, the oral care system and the method of claims 1, 10 and 12.
Deane does not explicitly teach the reference vector comprises the gravity vector.
Serval, however, teaches the reference vector comprises the gravity vector (Paragraph [0156]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Deane to explicitly teach the at least one angle of the orientation data is a roll angle , a pitch angle , a yaw angle and/or a combination of at least two of said angles between at least one element of the oral care system and the target surface in the oral cavity or of the at least one element of the oral care system relative to a reference vector, as taught by Wang, to provide a system, method and controller that allows for high-precision orientation an position, thus proving a superior cleaning.
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated October 8, 2025 with respect to the rejection of claims 1 – 19 under 35 U.S.C. 112(b) have been fully considered and are withdrawn.
Applicant’s arguments, see Applicants Arguments/Remarks dated October 8, 2025 with respect to the rejection of claims 1 – 19 under 35 U.S.C. 102 and 103 have been fully considered and are persuasive; therefore the rejection is withdrawn. However, after further consideration, a new grounds of rejection is made in view of Follows.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571) 272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723