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
Below is the Final Action on the Merits for claims 1 – 3, 6, 9, 11, 14 – 15, 18 – 20, 25, 28 – 30 and 92 - 96. Claims 4 – 8, 10, 12 – 13, 18 – 17, 21 – 24, 26 – 27 and 31 – 91 are cancelled.
Claim Rejections - 35 USC § 102
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.
Claims 1 – 5, 9, 13 – 14, 18 – 19, 25 – 30, 93 and 95 – 96 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeanne et al. (U. S. Patent Publication No. 2021/0112965 A1).
Regarding Independent Claim 1, Jeanne teaches an oral care system (oral care system, 10) comprising: an oral care implement (oral care device, 12) comprising an oral care tool (Fig. 1) for treating an oral cavity of a user during an oral care session (Fig. 1); a control circuit (Paragraph [0033]; controller, 14 with circuitry) comprising, in operable cooperation: a power source (battery) integrated into the oral care implement (12; Paragraph [0031]); a trend tracking unit (data interpretation module, 36; Paragraph [0041]) integrated into the oral care implement (Paragraph [0044]), wherein the trend tracking unit (36) is configured to monitor: a duration of each oral care session performed using the oral care implement (Paragraph [0043]; Table 1); and a number of the oral care sessions performed using the oral care implement on a single day (Paragraph [0046]); a trend indicator unit (decision module, 38) integrated into the oral care implement and configured to generate a user perceptible stimuli (via the visual feedback module, 30; Paragraph [0046]); wherein the user perceptible stimuli comprises a visible feedback element having an arcuate shape representative of a smile that is illuminated in different colors representative of the user's brushing trend (Paragraphs [0004] - the oral care device also includes a visual feedback module, such as one or more light sources, configured to operate in accordance with different operational characteristics (e.g., colors, patterns, symbols, etc.) in response to a control signal sent by a controller, [0036] - the illuminated portion 32 may be selectively illuminated by one or more LEDs or other light sources, in one or more different colors or patterns. The visual feedback module 30 may include a window or other translucent element (e.g., the portion 32 may be arranged as, or with, a window) in the oral care device 12 to facilitate the use of LEDs and other light sources. The visual feedback module 30 may be included in any component of the oral care device 12 that is readily visible by the user, e.g., the main body 16, the charging station 18, the workpiece 20, etc. Alternatively, or additionally, the remote device 15 may include a visual feedback module 30 and [0054] – the visual feedback module can display a smiley face, a smile inherently teaches an arcuate shape); wherein the control circuit stores session data on a per-day basis (Paragraph [0046]), and a compliance value is determined based on whether both the duration and frequency thresholds are satisfied for a given day basis (Paragraph [0046]); wherein the trend indicator unit generates a first user perceptible stimuli when a first set of parameters is met (Paragraph [0054]), the first set of parameters comprising: (1) the duration of a current oral care session performed using the oral care implement exceeding a duration threshold (Paragraphs [0047] and [0048]); and (2) the number of the oral care sessions performed on the single day meeting or exceeding a frequency threshold (Paragraphs [0047] and [0048]); wherein the first user perceptible stimuli comprises illuminating the visible feedback element in a first solid color (Paragraph [0054]); and wherein the trend indicator unit (38) store a plurality of daily compliance values (Paragraph [0038]) and generates a second user perceptible stimuli when the first set of parameters is met for at least a predetermined number of consecutive days (Paragraphs [0051] - [0054]), wherein the second user perceptible stimuli comprises illuminating the visible feedback element with a plurality of different colors to indicate achievement of a brushing streak (Paragraphs [0004] - the oral care device also includes a visual feedback module, such as one or more light sources, configured to operate in accordance with different operational characteristics (e.g., colors, patterns, symbols, etc.) in response to a control signal sent by a controller; [0036] - the illuminated portion 32 may be selectively illuminated by one or more LEDs or other light sources, in one or more different colors or patterns. The visual feedback module 30 may include a window or other translucent element (e.g., the portion 32 may be arranged as, or with, a window) in the oral care device 12 to facilitate the use of LEDs and other light sources. The visual feedback module 30 may be included in any component of the oral care device 12 that is readily visible by the user, e.g., the main body 16, the charging station 18, the workpiece 20, etc. Alternatively, or additionally, the remote device 15 may include a visual feedback module 30 and [0054]) and wherein the predetermined number of consecutive days is adjustable based on user specific brushing trends analyzed by the trend tracking unit (Paragraphs [0035], [0038] and [0049]; once analyzed, the user has the capability to adjust the predetermined number of consecutive days as the user has the ability to manually inter the parameters as desired (Paragraph [0031]) .
Regarding Claim 2, Jeanne teaches the oral care system (oral care system, 10) wherein the first and second user perceptible stimuli are generated by the trend indicator unit (38) upon completion of the current oral care session being performed using the oral care implement (Paragraphs [0051] - [0054]).
Regarding Claim 3, Jeanne teaches the oral care system (oral care system, 10) wherein the second user perceptible stimuli is generated by the trend indicator unit upon powering on the oral care implement (Paragraph [0054]).
Regarding Claim 9, Jeanne teaches the oral care system (oral care system, 10) wherein the trend indicator unit (38) generates a third user perceptible stimuli when the first set of parameters is not met, wherein the first user perceptible stimuli comprises illumination of a visible feedback element in a first color (Paragraph [0052]), wherein the second user perceptible stimulus comprises illumination of the visible feedback element in a second color (Paragraph [0051]), and wherein the third user perceptible stimulus comprises illumination of the visible feedback element in a third color, each of the first, second, and third colors being different (Paragraph [0051]).
Regarding Claim 14, Jeanne teaches the oral care system (oral care system, 10) wherein the light feature is illuminated in a third color when at least one of: (1) the duration of the current oral care session does not exceed the duration threshold (Paragraph [0052]); and (2) the number of the oral care sessions performed on the single day does not meet the frequency threshold (Paragraph [0052]).
Regarding Claim 18, Jeanne teaches the oral care system (oral care system, 10) wherein the duration threshold is in a range of two to three minutes (Paragraph [0047]; Table 2), the single day comprises an 18 to 24 hour time period on one calendar day (Paragraph [0047]), and the frequency threshold is two (Paragraph [0047]).
Regarding Claim 19, Jeanne teaches the oral care system (oral care system, 10) wherein the predetermined number of consecutive days is three days (Paragraph [0050]).
Regarding Independent Claim 25, Jeanne teaches an oral care system (oral care system, 10) comprising: an oral care implement (12) comprising an oral care tool (Fig. 1) for treating an oral cavity of a user (Fig. 1); a control circuit (Paragraph [0034]; controller14, with circuitry) comprising, in operable cooperation: a power source (battery) integrated into the oral care implement (Paragraph [0031]); a trend tracking unit (36) integrated into the oral care implement (Paragraph [0044]), wherein for each oral care session performed using the oral care implement (12) the trend tracking unit is configured to monitor: a duration of the oral care session (Paragraph [0005]); and a number of the oral care sessions performed in a single day (Paragraph [0047]), a trend indicator unit (38) integrated into the oral care implement and configured to generate a user perceptible stimuli (Paragraphs [0047], [0051] - [0054]); wherein the user perceptible stimuli comprises a visible feedback element having an arcuate shape representative of a smile that is illuminated in different colors representative of the user's brushing trend (Paragraphs [0004] - the oral care device also includes a visual feedback module, such as one or more light sources, configured to operate in accordance with different operational characteristics (e.g., colors, patterns, symbols, etc.) in response to a control signal sent by a controller, [0036] - the illuminated portion 32 may be selectively illuminated by one or more LEDs or other light sources, in one or more different colors or patterns. The visual feedback module 30 may include a window or other translucent element (e.g., the portion 32 may be arranged as, or with, a window) in the oral care device 12 to facilitate the use of LEDs and other light sources. The visual feedback module 30 may be included in any component of the oral care device 12 that is readily visible by the user, e.g., the main body 16, the charging station 18, the workpiece 20, etc. Alternatively, or additionally, the remote device 15 may include a visual feedback module 30 and [0054] – the visual feedback module can display a smiley face, a smile inherently teaches an arcuate shape); wherein the trend indicator unit (38) generates a first user perceptible stimuli when a first set of parameters is met for at least a predetermined number of consecutive days (Paragraphs [0047], [0051] - [0054]), the first set of parameters comprising: (1) the duration of a current oral care session performed using the oral care implement exceeding a duration threshold (Paragraphs [0047], [0051] - [0054]); and (2) the number of the oral care sessions performed in the single day meeting or exceeding a frequency threshold (Paragraphs [0047], [0051] - [0054]); wherein the trend tracking unit (36) is further configured to determine, for each day, whether a brushing compliance condition is met based on both the duration threshold and the frequency threshold (Paragraph[0038]), wherein the first user perceptible stimuli comprises illuminating the visible feedback element with a plurality of different colors sequentially to indicate achievement of a brushing streak (Paragraph[0036]) wherein the predetermined number of consecutive days is dynamically adjustable based on the user’s
brushing trends (Paragraphs [0035], [0038] and [0049]; once analyzed, the user has the capability to adjust the predetermined number of consecutive days as the user has the ability to manually inter the parameters as desired (Paragraph [0031]).
Regarding Claim 26, Jeanne teaches the oral care system (oral care system, 10) wherein the first user perceptible stimuli comprising illuminating a visual feedback element (30; Paragraph [0036]).
Regarding Claim 27, Jeanne teaches the oral care system (oral care system, 10) wherein the visual feedback element (30) has an arcuate shape representative of a smile (Paragraph [0054]).
Regarding Claim 28, Jeanne teaches the oral care system (oral care system, 10) wherein the duration threshold is two minutes (Paragraph [0047]; Table 2), the single day comprises an 18 to 24 hour time period on one calendar day (Paragraph [0047]), the frequency threshold is two, and the predetermined number of consecutive days is at least three days (Paragraph [0047]).
Regarding Claim 29, Jeanne teaches the oral care system (oral care system, 10) wherein the trend indicator unit (38) generates a second user perceptible stimuli when the first set of parameters is met for a number of days that is fewer than the predetermined number of consecutive days (Paragraphs [0051] - [0054]), the second user perceptible stimuli being different from the first user perceptible stimuli (Paragraphs [0051] - [0054]).
Regarding Claim 30, Jeanne teaches the oral care system (oral care system, 10) wherein the trend indicator unit generates a third user perceptible stimuli when the first set of parameters is not met (Paragraph [0054]).
Regarding Claim 93, Jeanne teaches the oral care system (oral care system, 10) wherein the trend indicator unit generates a third user perceptible stimuli when the first set of parameters is not met, wherein the third user perceptible stimuli comprises illuminating the visible feedback element in a third color different from the first solid color and the plurality of different colors (Paragraph [0055]).
Regarding Claim 95, Jeanne teaches the oral care system (oral care system, 10) wherein the brushing streak comprises at least seven consecutive days of meeting the first set of parameters (Paragraph [0051]).
Regarding Claim 96, Jeanne teaches the oral care system (oral care system, 10) wherein the control circuit determines the compliance value for each calendar day based on whether both the duration threshold and the frequency threshold are satisfied on that calendar day (Paragraph [0005]).
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 6, 11, 15, 20 and 93 are rejected under 35 U.S.C. 103 as being unpatentable over Jeanne et al. (U. S. Patent Publication No. 2021/0112965 A1).
Regarding Claim 6, Jeanne teaches the oral care system (oral care system, 10) wherein the oral care implement (12) comprises a handle (main body, 16) and a head (workpiece, 20) having tooth cleaning elements located thereon (Fig. 1), the handle (16) comprising a display portion (visual feedback module, 30) on which the user perceptible stimuli is displayed (Paragraph [0036]), wherein the handle (16) comprises a front surface (Fig. 1), wherein a power button configured to power the oral care implement on and off and the display portion are located on the front surface of the handle (Paragraph [0031]; Fig. 1), wherein the oral care implement (12) comprises a longitudinal axis (Fig. 1).
Jeanne does not teach the display portion is located axially between the power button and the head.
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 system of Jeanne to further include the display portion is located axially between the power button and the head, since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04). This modification would be beneficial in the manufacturing of the system.
Regarding Claim 11, Jeanne teaches the oral care system (oral care system, 10) wherein the first user perceptible stimuli comprises illumination of a visible feedback element in a solid color (Paragraphs [0029] and [0054]).
Jeanne does not explicitly teach the second user perceptible stimuli comprises illumination of the visible feedback element with a plurality of different colors either simultaneously or sequentially.
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 system of Jeanne to further include the second user perceptible stimuli comprises illumination of the visible feedback element with a plurality of different colors either simultaneously or sequentially, since it has been held to be within the general skill of a worker in the art to select a known color pattern on the basis of its suitability for the intended use of the system (MPEP 2144.04). This modification would be beneficial in that the user would know bases on the color illuminated the status of their brushing session.
Regarding Claim 15, Jeanne teaches the oral care system (oral care system, 10) wherein the visual feedback module 30 may be included in any component of the oral care device 12 that is readily visible by the user, e.g., the main body 16, the charging station 18, the workpiece 20, etc. Alternatively, or additionally, the remote device 15 may include a visual feedback module 30. Those of ordinary skill in the art will appreciate other shapes, sizes, words, colors, graphics, symbols, etc., which can be used in accordance with different embodiments for the visual feedback module 30 but does not explicitly teach wherein the light feature is illuminated in a fourth color when a charge of the power source is below a power threshold, a fifth color when the power source is being charged and the first set of parameters has not been met for the predetermined number of consecutive days, and a sixth color when the power source is being charged and the first set of parameters has been met for the predetermined number of consecutive days.
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 system of Jeanne to further include the light feature is illuminated in a fourth color when a charge of the power source is below a power threshold, a fifth color when the power source is being charged and the first set of parameters has not been met for the predetermined number of consecutive days, and a sixth color when the power source is being charged and the first set of parameters has been met for the predetermined number of consecutive days, since it has been held to be within the general skill of a worker in the art to select a known color pattern on the basis of its suitability for the intended use of the system (MPEP 2144.04). This modification would be beneficial in that the user would know based on the color illuminated the status of their brushing session.
Regarding Claim 20, Jeanne teaches the oral care system (oral care system, 10) as discussed in claim 1 above.
Jeanne does not explicitly teach the predetermined number of consecutive days is adjustable based on personal brushing trends for a particular user.
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 system of Jeanne to further include the predetermined number of consecutive days is adjustable based on personal brushing trends for a particular user since such a modification would have involved a mere change in the length of a parameter. A change in length is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04). This modification would be beneficial in that the user could customize their brushing session.
Regarding Claim 93, Jeanne teaches the oral care system (oral care system, 10) as discussed in claim 1 above.
Jeanne teaches the second user perceptible stimuli comprises illuminating the visible feedback element in a color sequence (Paragraph [0036]).
Jeanne does not explicitly teach the second user perceptible stimuli comprises illuminating the visible feedback element in a rainbow color sequence.
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 system of Jeanne to further include the second user perceptible stimuli comprises illuminating the visible feedback element in a rainbow color sequence, since it has been held to be within the general skill of a worker in the art to select a known color sequence on the basis of its suitability for the intended use of the system (MPEP 2144.04). This modification would be beneficial in that the user would know based on the color illuminated the status of their brushing session.
Claim 92 is rejected under 35 U.S.C. 103 as being unpatentable over Jeanne et al. (U. S. Patent Publication No. 2021/0112965 A1) in view of Gatzemeyer (U. S. Patent Publication No. 2021/0186414 A1).
Regarding Claim 92, Jeanne teaches the oral care system (oral care system, 10) wherein the visible feedback element (30) is displayed on a display portion of a handle of the oral care implement (Fig. 1), herein the visible feedback element lights up in the arcuate smile shape (Paragraph [0054]).
Jeanne does not explicitly teach wherein the visible feedback element lights when the oral care implement is powered on.
Gatzemeyer, however, teaches the visible feedback element lights (212b) when the oral care implement is powered on (Paragraph [0113]).
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 system of Jeanne to further include wherein the visible feedback element lights when the oral care implement is powered on, as taught by Gatzemeyer, to provide a user with a visual confirmation that the toothbrush is powered on which is helpful to those with a loss of hearing.
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated December 15, 2025 with respect to the rejection of claims 1 – 6, 9, 11, 13 – 15, 18 – 20 and 25 – 30 under 35 U.S.C. 102 and 103 have been fully considered and are not persuasive. Therefore, the rejection has been maintained.
Applicant argues “Jeanne does not teach or disclose a visible feedback element having an arcuate shape representative of a smile”.
Examiner respectfully disagrees. Jeanne in Paragraph [0054] explicitly teaches a smiley face. A smile inherently discloses an arcuate shape.
Applicant further argues “Jeanne does not teach tracking consecutive days for brushing streak achievement”.
Examiner respectfully disagrees. Jeanne explicitly teaches in Paragraph [0005] “The controller includes one or more sensor modules configured to collect data related to one or more longitudinal parameters representative or indicative of the user's oral health while using oral care device, such as coverage, session duration, daily/weekly use count, applied brushing force, etc. One or more values representative of the oral health are quantified from the collected data. “ and further in [0054] “the set of reference values includes one or more ranges and the quantified oral health values fall within those ranges, then the visual feedback module 30 may be operated with a first set of operational characteristics (e.g., illuminate in a first color, such as green, or display a symbol, such as a star, thumbs-up, smiley face, etc.), while if the quantified oral health values fall outside of the set ranges, then the control signal may result in the feedback module 30 being operated with a second set of operational characteristics (e.g., to not illuminate, illuminate in a second color, such as red, or display a symbol such as a thumbs-down or frowny face)”.
Lastly, Applicant argues the placement of the power button.
Jeanne explicitly teaches “Referring to figure 1…….the oral care device 12 is activated by a power button on the main body 16. 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 system of Jeanne to further include the display portion is located axially between the power button and the head, since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04). This modification would be beneficial in the manufacturing of the toothbrush to have the buttons aligned as it provides simplified internal components placement, and further, this placement makes the controls easy to reach and operate with the thumb, reducing hand and wrist strain during the recommended two minutes of brushing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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, Monica Carter can be reached at 571-272-4475. 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.
/KATINA N. HENSON/Primary Examiner, Art Unit 3723
Prosecution Insights