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 .
Response to Amendment
The amendments filed 5/1/2026 have been entered. Accordingly, claims 1-13 remain pending in the current application. The amendments have overcome the 112b rejections previously set forth in the final rejection dated 2/2/2026.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. However, regarding the arguments surrounding apparatus claim 1, the Examiner maintains the position that the recitation of method steps (such as the maintaining of various pressures at different levels) in an apparatus claim are met by the prior art as long as the prior art is fully capable of performing such steps (see MPEP 2111.04). In this case, as Hilscher’s device teaches the ability for the user to adjust both pressure values and pressure time intervals via a control unit according to the user’s needs (see Paragraphs 0043-0044), the Examiner maintains Hilscher’s device is fully capable of maintaining the various pressure levels at constant levels, as the claim requires.
Claim Rejections - 35 USC § 102/103
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 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.
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.
Claim(s) 1, 3-8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hilscher et al. (US 2014/0127641 A1), or alternatively, under 35 U.S.C. 103 as being unpatentable over Hilscher et al. (US 2014/0127641 A1) in view of Woodard et al. (US 2014/0106296 A1).
Regarding claim 1, Hilscher discloses an oral irrigator (oral irrigator 1, Figure 1 and Abstract) comprising: a storage unit configured to store water (base station 20 comprises a first and second fluid reservoir 221 and 222, Paragraph 0022 and Figure 1); a pumping unit configured to pump water of the storage unit (pump unit 230 coupled to fluid reservoir for selective pumping of the fluids, Paragraph 0022 and Figure 1); a nozzle unit configured to inject the water pressurized by the pumping unit into an oral cavity (oral irrigator attachment 100 comprising an outlet nozzle 111 for emitting the fluid jet 11, Paragraph 0028 and Figure 1); and a controller configured to control operation of the pumping unit (control unit 210 configured to control the pump unit 230, Paragraph 0022 and Figure 1), wherein the controller is configured to store a pattern (the control unit 210 is arranged to control the pump in such a way that during operation a fluid jet parameter, such as jet output pressure, is varied over automatically varied over time, control unit 210 may be coupled to a storage unit 270 in which the functional behavior of the variation of the fluid jet parameter is stored for a plurality of selectable operation modes, Paragraph 0029), defining a sequence comprising, in order: an initial stage of gradually increasing load of the pumping unit, a preliminary cleaning stage of maintaining an injection pressure of the water at a constant first pressure for a predetermined time, a full-scale cleaning stage of maintaining the injection pressure of the water at a constant second pressure higher than the first pressure for a predetermined time, and a final cleaning stage of maintaining the injection pressure of the water at a constant third pressure lower than the second pressure for a predetermined time (specifically, at a certain time instant, the fluid pressure of the jet Pj starts with a low pressure value P1, that is achieved by a low pumping action, that is then gradually increased over a time period Tp, until the fluid jet pressure reaches a higher fluid pressure of P2, that is achieved by a high pumping action, and when the pressure reaches P2 the control unit sends a signal to drop the pressure back to the lower pressure value of P1, this operation may repeat until operation of the oral irrigator is stopped or until a user changes a variation parameter via the control unit, the user has fully capability of adjusting various parameters such as the pressure values P1 and P2, as well as the time intervals and/or durations, Paragraphs 0043-0044; The Examiner also notes Paragraph 0043 describes the time in which the pressure increases/decreases is described as variable “Td”, which is completely controllable/adjustable according the user’s needs, therefore Hilscher’s device is fully capable of maintaining the various pressures as specific time intervals), wherein the load of the pumping unit is automatically controlled based on the pattern according to a one-time input of an operation signal (the control unit 210 is arranged to control the pump in such a way that during operation a fluid jet parameter, such as jet output pressure, is varied over automatically varied over time, Paragraph 0029; operation of the oral irrigator begins when user selects the operation modes via a first control element 260, Paragraph 0025 and Figure 1).
The Examiner notes this claim recites contingent method steps in an apparatus claim. Therefore, the Examiner considers the recited method step limitations to be met as long as the prior art comprises the structure needed to perform said method step limitations (see MPEP 2111.04).
However, should there be any doubt that Hilscher’s device is fully capable of maintaining the various pressure levels at constant levels, Woodard teaches an oral irrigator device (Abstract and Figure 1) operating at various water pressure levels/modes (water flosser function 102 may have a reduced water pressure as compared to the showerhead 106 function, Paragraphs 0236-0237; see also Paragraphs 0245-0246 describing a low pressure position) wherein the outlet water pressures are maintained at constant levels (a pressure regulator assembly 204 allows a constant water pressure of the water flow through the irrigator flow aperture 236 at the predetermined pressure level, Paragraph 0234, 0236).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Hilscher’s oral irrigator device such that the that various levels of outlet pressure may be maintained at constant levels, as taught by Woodard, as providing periods of constant/maintained pressures may provide the user with the time to adapt to the various pressures as well as further enhancing the cleaning effects by exposing the dental regions to various pressures for longer periods of time.
Regarding claim 3, Hilscher further discloses wherein the final cleaning stage is configured to clean gums by maintaining the injection pressure of the water at the third pressure lower than the first pressure (the lower fluid pressure of P1 is fully capable of cleaning gums, see also Paragraph 0044 stating the oral irrigator 1 being used for gum care treatment).
Regarding claim 4, Hilscher further discloses wherein the pattern is configured to use 80% or more of water compared to a storage capacity of the storage unit (as Hilscher’s device is capable of varying a variety of fluid jet parameters such as fluid pressure, flow rate, the amount of the fluid, the frequency of pulses, the pulse length, etc., Hilscher’s device is fully capable of using 80% or more of water compared to the storage capacity of the reservoir).
Regarding claim 5, Hilscher further discloses wherein the pattern is configured to 30 seconds or longer (the user may set the time interval durations of the fluid jet parameters, therefore fully capable of configuring the pattern to be 30 seconds or longer, Paragraph 0043).
Regarding claim 6, Hilscher further discloses wherein an end stage of gradually reducing the load of the pumping unit after the final cleaning stage is added to the pattern (jet fluid pressure may be dropped after a high pressure is achieved, the Examiner also notes the user has fully capability of adjusting various parameters such as the pressure values P1 and P2, as well as the time intervals and/or durations, therefore fully capable of adjusting the pressure pattern in various manners, paragraphs 0043-0044).
Regarding claim 7, Hilscher further discloses further comprising: a pressure controller configured to receive an input signal for adjusting the injection pressure of the pattern stored in the controller (first control element 230 may be coupled with the control unit 210 configured for varying a variation parameter, such as the output fluid pressure, Paragraph 0025 and Paragraph 0031).
Regarding claim 8, Hilscher further discloses wherein the pressure controller is provided as a slide button and is configured to change at least the second pressure among the first to third pressures (first control element 230 may be realized as a slider element having several latching positions to switch between a plurality of operation modes, first control element configured to vary a variation parameter such as fluid pressure, therefore fully capable of changing any of the pressure values, Paragraph 0025).
Regarding claim 12, Hilscher discloses a method of operating an oral irrigator (oral irrigator 1, Figure 1 and Abstract), the method comprising automatically and sequentially performing steps of gradually increasing a load of a pumping unit to inject water in an initial stage (specifically, at a certain time instant, the fluid pressure of the jet Pj starts with a low pressure value P1, that is achieved by a low pumping action, that is then gradually increased over a time period Tp, until the fluid jet pressure reaches a higher fluid pressure of P2, Paragraph 0043); at a second pressure, higher than the first pressure (specifically, at a certain time instant, the fluid pressure of the jet Pj starts with a low pressure value P1, that is achieved by a low pumping action, that is then gradually increased over a time period Tp, until the fluid jet pressure reaches a higher fluid pressure of P2, Paragraph 0043), at a third pressure, lower than the second pressure (when the pressure reaches P2 the control unit sends a signal to drop the pressure back to the lower pressure value of P1, this operation may repeat until operation of the oral irrigator is stopped or until a user changes a variation parameter via the control unit, Paragraph 0043), wherein the steps are performed according to a pre-stored pattern that defines sequence of the stages (pre-stored patterns, Paragraph 0020).
Although Hilscher teaches the time in which the pressure increases/decreases as a variable that may be adjusted accordingly, Hilscher doesn’t explicitly mention maintaining the various pressures at constant pressures.
However, Woodard teaches an oral irrigator device (Abstract and Figure 1) operating at various water pressure levels/modes (water flosser function 102 may have a reduced water pressure as compared to the showerhead 106 function, Paragraphs 0236-0237; see also Paragraphs 0245-0246 describing a low pressure position) wherein the outlet water pressures are maintained at constant levels (a pressure regulator assembly 204 allows a constant water pressure of the water flow through the irrigator flow aperture 236 at the predetermined pressure level, Paragraph 0234, 0236).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Hilscher’s oral irrigator device such that the that various levels of outlet pressure may be maintained at constant levels, as taught by Woodard, as providing periods of constant/maintained pressures may provide the user with the time to adapt to the various pressures as well as further enhancing the cleaning effects by having exposing the dental regions to various pressures for longer periods of time.
Claim(s) 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hilscher et al. (US 2014/0127641 A1) in view of Woodard et al. (US 2014/0106296 A1) and in further view of Luettgen et al. (US 2014/0272782 A1).
Regarding claim 2, Hilscher in view of Woodard teaches the oral irrigator of claim 1, and although Hilscher further discloses a control element 260 in the form of a slider and/or knob to control the pump (Paragraph 0025), Hilscher doesn’t explicitly state comprising: a button unit configured to receive the operation signal, wherein the controller is configured to automatically control the load of the pumping unit according to the pattern when the button unit is operated once.
However, Luettgen teaches an oral irrigator (oral irrigator 100, Figure 1 and abstract) comprising a controller configured to adjust a pumping unit to vary the output pressure (the oral irrigator may include a motor and a pump controlled by an output signal of the motor to increase or decrease the outlet pressure, Paragraph 0027) wherein a button unit is configured to receive the operation signal wherein the pumping unit is control according to when the button is pressed (oral irrigator 100 may include a plurality of control actuators 110, 112, 113, 124 to control one or more parameters such as fluid pressure, actuators may be buttons, Paragraph 0041).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Hilscher’s oral irrigator device such that the control element is a button, as taught by Luettgen, as providing a button would provide an alternative and art-recognized means of the user controlling the various output parameters of the device.
Regarding claim 13, Hilscher in view of Woodard teaches the method of claim 12, however are silent wherein the steps are performed in response to a one- time input of an operation signal.
However, Luettgen teaches an oral irrigator (oral irrigator 100, Figure 1 and abstract) comprising a controller configured to adjust a pumping unit to vary the output pressure (the oral irrigator may include a motor and a pump controlled by an output signal of the motor to increase or decrease the outlet pressure, Paragraph 0027) wherein the steps are performed in response to a one- time input of an operation signal (a control signal 200 may be a square wave such that a maximum and minimum voltage is applied for a predetermined duration T1, T2, Paragraph 0080 and Figure 8a).
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hilscher et al. (US 2014/0127641 A1) in view of Woodard et al. (US 2014/0106296 A1) and in further view of Xie (CN 113576698 A).
Regarding claim 9, Hilscher in view of Woodard teach the oral irrigator of claim 2, however are silent on further comprising: an illuminance sensor provided in the oral irrigator and configurated to detect ambient illuminance, the ambient illuminance being provided by ambient light, and a sterilizer in the storage unit and configured sterilize the water stored in the storage unit when the illuminance sensor detects ambient illuminance form the ambient light, the ambient light being turned on.
However, Xie teaches a tooth cleaning device comprising a water tank, pumping component and water spraying nozzle (Abstract and Figure 1), further comprising an illuminance sensor configured to recognize ambient illuminance (detecting element detects when device main body is on charging base if the switch 23 is illuminated, therefore capable of sensing ambient illuminance, Page 4); and a sterilizer configured to sterilize the water stored in the storage unit (sterilizing lamp 21 disposed within water tank 3, Page 4 and Figure 5), wherein the sterilizer is configured to start sterilization of the water stored in the storage unit when it is sensed by the illuminance sensor that an ambient light is turned on (when detecting element detects the switch 23 is illuminated and the main body of the device is placed on the charging base 2, the sterilizing lamp 21 starts working, Page 4). The Examiner notes this claim recites contingent method steps in an apparatus claim. Therefore, the Examiner considers the recited method step limitations to be met as long as the prior art comprises the structure needed to perform said method step limitations (see MPEP 2111.04).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Hilscher’s oral irrigator device such that it includes a sterilization unit to sterilize the water in the water tank, as well as an illuminance sensor configured to detect light and initiate the start of the sterilization, as taught by Xie, as providing such a sterilization system would provide a means of sterilizing the stored water to ensure the water exiting the device and into the mouth of the user is clean and safe to use.
Regarding claim 10, Xie further discloses wherein the sterilizer is configured to stop the sterilization when the button unit is operated (when the main body device 1 is removed from the charging station 2 and the operational buttons as shown in Figure 1 are used, the sterilization lamp 21 is no longer in operation). The Examiner notes this claim recites contingent method steps in an apparatus claim. Therefore, the Examiner considers the recited method step limitations to be met as long as the prior art comprises the structure needed to perform said method step limitations (see MPEP 2111.04).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Hilscher’s oral irrigator device such that it includes a sterilization unit wherein the sterilization is configured to stop working when the button unit is operated, as taught by Xie, as providing a means of stopping the sterilization while the oral irrigator is in use and thus the button unit is being operated, provides a means of conserving energy with the sterilization unit and prevents misuse of the sterilization unit when the device is being used to clean gums and/or teeth.
Regarding claim 11, Xie further teaches wherein the ambient illuminance is not provided to the illuminance sensor when the ambient light is turned off (the Examiner notes this limitation carries no patentable weight, as it is merely describing the absence of an event).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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