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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4-5, 8-14, 16-17, 19 include the words “can” or “may”. These are considered to be optional limitations and hold no patentable weight. It is suggested to use positive recitations in the claims.
Claim 7 and 18 includes the limitation of “a blue tooth speaker”. It is unclear if this is a second speaker or if this is intended to be the same speaker as mentioned in claim 1. It is being interpreted to be the same speaker and the applicant should change the language to “the BLUETOOTH speaker”.
Claim 8 includes the limitation of “an input”. It is unclear if this is a second input or if this is intended to be the same input as mentioned in claim 7. It is being interpreted to be the same input the applicant should change the language to “the input”.
Claim 13 includes the limitation of “a shaft”. It is unclear if this is a second input or if this is intended to be the same shaft as mentioned in claim 12. It is being interpreted to be the same input the applicant should change the language to “the shaft”.
Claim 1 and 17 contains the trademark/trade name BLUETOOTH. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe BLUETOOTH and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gatzemeyer (USPN 7845041) in view of Newman (WO 2023012718).
Gatzemeyer teaches a toothbrush assembly including: a powered toothbrush (100) having a body (125) with a head (124) for oral care with tooth cleaning elements and a handle; a removable storage unit (140) that forms a portion of the handle; a first power button (128) and a second power button (129).
Gatzemeyer teaches all the essential elements of the claimed invention including using BLUETOOTH to upload signals to the removable storage unit (col. 4, lines 24-28) to be played by the speaker (148). Gatzemeyer however fails to teach that the toothbrush is paired with a BLUETOOTH speaker. Newman teaches a toothbrush (155) paired via BLUETOOTH to a base (100) with a speaker (199).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gatzemeyer so that the toothbrush is paired with an outside base as taught by Newman to allow the toothbrush to be charged on the base and to allow the base to receive and analyze data from the toothbrush regarding the user’s brushing session.
With regards to claim 2, Gatzemeyer teaches that the tooth cleaning elements are arranged on the head.
With regards to claim 3, Gatzemeyer teaches the tooth cleaning elements include tufts of bristles formed to have a number of different shapes and sizes for use in providing oral health benefits (col. 2, lines 51-57).
With regards to claim 4, Gatzemeyer teaches that the tooth cleaning elements include elastomeric cleaning members that can be formed to have a number of different shapes and sizes for use in providing oral health benefits (col. 2, lines 51-57).
With regards to claim 5, Gatzemeyer teaches that the tooth cleaning elements include tufts of bristles formed to have a number of different shapes and sizes and elastomeric cleaning members that can be formed to have a number of different shapes and sizes for use in providing oral health benefits (col. 3, lines 51-57).
With regards to claim 6, Gatzemeyer teaches that the powered toothbrush includes a power source that drives a powered element with a single activation/ deactivation button (col. 3, lines 58-61).
With regards to claim 7, Newman teaches that the BLUETOOTH speaker connected to an audio device capable of generating audio signals in digital form which are received by an input in the BLUETOOTH speaker (page 9, lines 22-32, page 10, lines 5-12, page 11, lines 19-23).
With regards to claim 8, Newman teaches that an input can be paired with the blue tooth speaker for audibly transmitting the digitally transmitted signals to the user's surroundings (page 9, lines 22-32, page 10, lines 5-12, page 11, lines 19-23).
With regards to claim 9, the speaker of Gatzemeyer can be sealed for water resistance (col. 3, lines 9-10). Thus it would have been obvious to modify the speaker of Newman so that it is water resistant to prevent damage if it were to come in contact with water.
With regards to claim 10, Newman teaches that the BLUETOOTH speaker can power the any powered element in the toothbrush (page 6, lines 13-24).
With regards to claim 11, Gatzemeyer teaches a vibration generator (122) located in the handle to generate vibrations in the head and that powered by a power rechargeable power source such as a rechargeable battery (col 4, lines 39-45).
With regards to claim 12, Gatzemeyer teaches the toothbrush may include a motor/ power source (271) that drives a shaft (273) for movable cleaning elements with a single activation/deactivation button (128).
With regards to claim 13, Gatzemeyer teaches the toothbrush may include a motor/ power source (271) that drives a shaft (273) for movable cleaning elements with an activation button and a deactivation button (228/229).
With regards to claim 14, Gatzemeyer teaches the toothbrush may include a motor and battery (271) combination that drives the shaft (273) for movable cleaning elements.
With regards to claim 15, Gatzemeyer teaches a BLUETOOTH speaker includes a memory (abstract) configured to store one or more audio signals.
With regards to claim 16, Gatzemeyer teaches that the BLUETOOTH speaker can be configured to automatically record to the memory an audio signal from an external audio source (col. 1, lines 15-18).
With regards to claim 17, Gatzemeyer teaches a powered toothbrush having a body (125) with a head (124) for oral care with tooth cleaning elements arranged on the head and a handle; a removable storage unit (140) that forms a portion of the handle, a first power button (128) and a second power button (129); the tooth cleaning elements include tufts of bristles formed to have a number of different shapes and sizes and elastomeric cleaning members that can be formed to have a number of different shapes and sizes for use in providing oral health benefits (col. 2, lines 51-57); and the powered toothbrush includes a power source that drives a powered element (271) with a single activation/ deactivation button (128).
Gatzemeyer teaches all the essential elements of the claimed invention including using BLUETOOTH to upload signals to the removable storage unit (col. 4, lines 24-28) to be played by the speaker (148). Gatzemeyer however fails to teach that the toothbrush is paired with a BLUETOOTH speaker. Newman teaches a toothbrush (155) paired via BLUETOOTH to a base (100) with a speaker (199).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gatzemeyer so that the toothbrush is paired with an outside base as taught by Newman to allow the toothbrush to be charged on the base and to allow the base to receive and analyze data from the toothbrush regarding the user’s brushing session.
With regards to claim 18, Newman teaches that the toothbrush assembly includes a BLUETOOTH speaker connected to an audio device capable of generating audio signals in digital form which are received by an input in the BLUETOOTH speaker (page 9, lines 22-32, page 10, lines 5-12, page 11, lines 19-23).
With regards to claim 19, Gatzemeyer teaches a vibration generator (122) located in the handle to generate vibrations in the head and that powered by a power rechargeable power source such as a rechargeable battery (col 4, lines 39-45).
With regards to claim 20, Gatzemeyer teaches the toothbrush may include a motor/ power source (271) that drives a shaft (273) for movable cleaning elements with a single activation/deactivation button (128).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/ Primary Examiner, Art Unit 3723