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 .
Claims 1-20, filed 4/19/23, are currently pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“image acquiring device” in claims 1 and 14 (corresponding structure is endoscope [0156]).
“a visible light imaging device”, “an infrared thermal imaging device”, and “an ultraviolet imaging device” in claim 13 (corresponding structure is endoscope [0156]).
“an oral image acquiring module” in claim 14 (corresponding structure includes at least an endoscope [0156]).
“a control module configured to…” in claim 14 (corresponding structure includes a processor [0031]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11, line 3 recites “mapping image f1” suggested to be changed to --mapping an image f1-- for grammatical reasons. Appropriate correction is required.
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.
Claim 11 is 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.
Claim 11 recites “the oral image f0” which lacks proper antecedent basis.
Claim 11 recites “a second high-pass filter” however a first high-pass filter is not claimed making this language confusing.
Claim Rejections - 35 USC § 102
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.
Claims 1, 6-9, 12-14 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 110151344 - see attached English translation).
Regarding claim 1, in fig. 1 and 5 Xu discloses a controlling method of a water flosser, comprising: obtaining an oral image (Page 5, lines 16-29) through an image acquiring device (11 and 12) installed on the water flosser, and controlling a water outlet nozzle (outlet nozzle of 5) of the water flosser to discharge water based on the oral image acquired by the image acquiring device (Page 5, last 3 lines).
Regarding claim 6, Xu discloses the controlling the water outlet nozzle of the water flosser to discharge the water based on the oral image acquired by the image acquiring device comprises: controlling a water outlet flow rate of the water outlet nozzle of the water flosser based on the oral image acquired by the image acquiring device to increase, decrease, or remain unchanged (the flow rate remains unchanged until the stain disappears Page 5, last 3 lines).
Regarding claim 7, Xu discloses the controlling the water outlet flow rate of the water outlet nozzle of the water flosser based on the oral image acquired by the image acquiring device comprises: recognizing a teeth area based on the oral image acquired by the image acquiring device (Page 5, last 3 lines, the teeth area that includes the foreign objects); and when the teeth area is recognized and the teeth area contains foreign objects (Page 5, last 3 lines), controlling the water outlet flow rate of the water outlet nozzle of the water flosser to increase, decrease, or remain unchanged according to an area of the foreign objects (the flow rate remains unchanged until the stain disappears Page 5, last 3 lines).
Regarding claim 8, Xu discloses the controlling the water outlet nozzle of the water flosser to discharge the water based on the oral image acquired by the image acquiring device comprises: controlling a water outlet force of the water outlet nozzle of the water flosser based on the oral image acquired by the image acquiring device to increase, decrease, or remain unchanged (the flow rate remains unchanged until the stain disappears Page 5, last 3 lines).
Regarding claim 9, Xu discloses the controlling the water outlet force of the water outlet nozzle of the water flosser based on the oral image acquired by the image acquiring device comprises: recognizing a teeth area based on the oral image acquired by the image acquiring device (Page 5, last 3 lines, the teeth area that includes the foreign objects); and when the teeth area is recognized and the teeth area contains foreign objects, controlling the water outlet force of the water outlet nozzle of the water flosser to increase, decrease, or remain unchanged according to an area of the foreign objects (the flow rate remains unchanged until the stain disappears Page 5, last 3 lines).
Regarding claim 12, Xu discloses an area covered by a jet from the water outlet nozzle (outlet nozzle of 5) at least partially overlaps with an imaging area (the teeth and foreign objects within the teeth) of the image acquiring device (Figures 1 and 5 show flushing head 5 that the jet sprays from surrounded by the cameras 11 and 12, the imaging area is the teeth and foreign objects, which must overlap with where the water outlet nozzle is to clean out the foreign objects).
Regarding claim 13, Xu discloses that the image acquiring device is a visible light imaging device, an infrared thermal imaging device (11 is an infrared camera, Page 5, lines 16-17), or an ultraviolet imaging device, and the image acquiring device is detachably connected to or non-detachably connected to the water flosser (the cameras 22 and 12 are connected to the water flosser, see fig. 1).
Regarding claim 14, in fig. 1 and 5 Xu discloses water flosser control system, comprising: an oral image acquiring module (11 and 12) configured to acquire an oral image (Page 5, lines 16-29) through an image acquiring device installed on a water flosser (see fig. 1); and a control module configured to control a water outlet nozzle of the water flosser to discharge water based on the oral image acquired by the image acquiring device (Page 5, last 3 lines).
Regarding claim 17, Xu discloses a body 1, the water outlet nozzle (oputlet nozzle of 5), the image acquiring device (11 and 12), and the water flosser control system according to claim 14, wherein: the water outlet nozzle and the image acquiring device are installed on the body (Fig. 1), and an area covered by a jet from the water outlet nozzle at least partially overlaps with an imaging area of the image acquiring device (Figures 1 and 5 show flushing head 5 that the jet sprays from surrounded by the cameras 11 and 12, the imaging area is the teeth and foreign objects, which must overlap with where the water outlet nozzle is to clean out the foreign objects).
Regarding claim 18, Xu discloses water flosser, comprising: a body 1, the water outlet nozzle, the image acquiring device (11 and 12), a memory (within the computer program, Page 5, last 3 lines, to Page 6, lines 1-3), a processor (microprocessor Page 5, second to last line), and a computer program stored in the memory and configured to run on the processor (Page 5, last 3 lines, to Page 6, lines 1-3), wherein: the water outlet nozzle and the image acquiring device are installed on the body (Fig. 1), an area covered by a jet from the water outlet nozzle at least partially overlaps with an imaging area of the image acquiring device (Figures 1 and 5 show flushing head 5 that the jet sprays from surrounded by the cameras 11 and 12, the imaging area is the teeth and foreign objects, which must overlap with where the water outlet nozzle is to clean out the foreign objects), and when the processor executes the computer program, the controlling method of the water flosser according to claim 1 is performed (Page 5, last 3 lines, to Page 6, lines 1-3).
Regarding claim 19, Xu discloses a connection position of the image acquiring device and the body is located on a side of the water outlet nozzle facing the jet (the cameras are located on nozzle 5 and they face the direction that the jet sprays, Fig. 1 and 5), and a lens surface of the image acquiring device is lower than a water outlet surface of the water outlet nozzle (Fig. 1, some of the cameras 11 and 12 are lower than the water outlet surface of 5, the limitation is also dependent on the orientation of the water flosser).
Regarding claim 20, Xu discloses a connection position of the image acquiring device and the body is located on a side of the water outlet nozzle facing away from the jet (the cameras 11 and 12 on sensing head 8 project away from the water outlet nozzle), and a lens surface of the image acquiring device is higher than a water outlet surface of the water outlet nozzle (Fig. 1, some of the cameras 11 and 12 are higher than the water outlet surface of 5, the limitation is also dependent on the orientation of the water flosser).
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.
Claims 2-5 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fu, as applied to claim 1 above, in further view of Kanbara (JP 2013000383 see attached English translation).
Regarding claim 2, Xu discloses that the controlling the water outlet nozzle of the water flosser to discharge the water based on the oral image acquired by the image acquiring device comprises: recognizing a teeth area based on the oral image (Page 5, last 3 lines, the teeth area that includes the foreign objects); when the teeth area is recognized, controlling the water outlet nozzle of the water flosser to discharge the water (Page 5, last 3 lines); and when the teeth area is not recognized, controlling the water outlet nozzle of the water flosser to “reset” (Page 6, lines 2-3 the pressure resets when the stain disappears), but does not explicitly recite that the water flosser no longer discharges water. However, Kanbara teaches when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser no longer discharges water (Page 6, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s method of resetting when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold with no longer discharging water, as taught by Kanbara, for the purpose of conserving water.
Regarding claim 3, Xu discloses that the controlling the water outlet nozzle of the water flosser to discharge the water based on the oral image acquired by the image acquiring device comprises: recognizing a teeth area based on the oral image (Page 5, last 3 lines, the teeth area that includes the foreign objects); when the teeth area is recognized and an area of foreign objects in the teeth area is equal to or greater than a judgment threshold, controlling the water outlet nozzle of the water flosser to discharge the water (Page 5, last 3 lines); and when at least one of the teeth area is not recognized or the area of foreign objects in the teeth area is not equal to or greater than the judgment threshold, controlling the water outlet nozzle of the water flosser to “reset” (Page 6, lines 2-3 the pressure resets when the stain disappears), but does not explicitly recite that the water flosser no longer discharges water. However, Kanbara teaches when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser no longer discharges water (Page 6, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s method of resetting when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold with no longer discharging water, as taught by Kanbara, for the purpose of conserving water.
Regarding claim 4, Xu discloses that the controlling the water outlet nozzle of the water flosser to discharge the water based on the oral image acquired by the image acquiring device comprises: recognizing a teeth area based on the oral image (Page 5, last 3 lines, the teeth area that includes the foreign objects); when the teeth area is recognized, further detecting whether the water outlet nozzle of the water flosser faces the teeth area (Page 5, last 3 lines, since the cameras 11 and 12 surround the water outlet nozzle, the water outlet nozzle must face the teeth area when the foreign objects are detected); when the water outlet nozzle of the water flosser faces the teeth area, controlling the water outlet nozzle of the water flosser to discharge the water (Page 5, last 3 lines, since the cameras 11 and 12 surround the water outlet nozzle, the water outlet nozzle must face the teeth area when the foreign objects are detected and when the jet is sprayed); and when the water outlet nozzle of the water flosser does not face the teeth area, controlling the water outlet nozzle of the water flosser to “reset” (Page 6, lines 2-3 the pressure resets when the stain disappears, which would occur when the cameras and therefore the water outlet nozzle are not facing the teeth area), but does not explicitly recite that the water flosser no longer discharges water. However, Kanbara teaches when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser no longer discharges water (Page 6, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s method of resetting when the water flosser does not face the teeth area with no longer discharging water, as taught by Kanbara, for the purpose of conserving water.
Regarding claim 5, Xu discloses that the controlling the water outlet nozzle of the water flosser to discharge the water based on the oral image acquired by the image acquiring device comprises one of a first method or a second method: the first method comprises: recognizing a teeth area based on the oral image; when the teeth area is recognized and an area of foreign objects in the teeth area is greater than or equal to a judgment threshold, further detecting whether the water outlet nozzle of the water flosser faces the teeth area; when the water outlet nozzle of the water flosser faces the teeth area, controlling the water outlet nozzle of the water flosser to discharge the water; and when the water outlet nozzle of the water flosser does not face the teeth area, controlling the water outlet nozzle of the water flosser to not discharge the water or controlling the water outlet nozzle of the water flosser to rotate to face the teeth area and then to discharge the water, or the second method comprises: recognizing the teeth area based on the oral image (Page 5, last 3 lines the teeth area being the area with food debris); when the teeth area is recognized and the water outlet nozzle of the water flosser faces the teeth area, further detecting whether the area of the foreign objects in the teeth area is greater than or equal to the judgment threshold (Page 5, last 3 lines it is determined when there is food debris vs when there is not); when the area of the foreign objects in the teeth area is greater than or equal to the judgment threshold (Page 5, last 3 lines), controlling the water outlet nozzle of the water flosser to discharge the water (Page 5, last 3 lines); and when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser to “reset” (Page 6, lines 2-3 the pressure resets when the stain disappears), but does not explicitly recite that the water flosser no longer discharges water. However, Kanbara teaches when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser no longer discharges water (Page 6, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s method of resetting when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold with no longer discharging water, as taught by Kanbara, for the purpose of conserving water.
Regarding claim 15, Xu discloses that the control module is configured to recognize a teeth area based on the oral image acquired by the image acquiring device (Page 5, last 3 lines, the teeth area that includes the foreign objects), when the teeth area is recognized, the control module controls the water outlet nozzle of the water flosser to discharge the water (Page 5, last 3 lines), and when the teeth area is not recognized, the control module controls the water outlet nozzle of the water flosser to “reset” (Page 6, lines 2-3 the pressure resets when the stain disappears), but does not explicitly recite that the water flosser no longer discharges water. However, Kanbara teaches when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser no longer discharges water (Page 6, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s method of resetting with no longer discharging water, as taught by Kanbara, for the purpose of conserving water.
Regarding claim 16, Xu discloses that the control module is configured to recognize a teeth area based on the oral image acquired by the image acquiring device (Page 5, last 3 lines, the teeth area that includes the foreign objects), when the teeth area is recognized and an area of foreign objects in the teeth area is greater than or equal to a judgment threshold, the control module controls the water outlet nozzle of the water flosser to discharge the water (Page 5, last 3 lines), and when at least one of the teeth area is not recognized and the area of foreign objects in the teeth area is not greater than or equal to the judgment threshold the control module controls the water outlet nozzle of the water flosser to “reset” (Page 6, lines 2-3 the pressure resets when the stain disappears), but does not explicitly recite that the water flosser no longer discharges water. However, Kanbara teaches when the area of the foreign objects in the teeth area is not greater than or equal to the judgment threshold, controlling the water outlet nozzle of the water flosser no longer discharges water (Page 6, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s method of resetting with no longer discharging water, as taught by Kanbara, for the purpose of conserving water.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fu and Kanbara, as applied to claim 2 above, in further view of Autrusseau et al. (2023/0077715).
Regarding claim 10, the modified Fu is silent regarding that the recognizing the teeth area based on the oral image comprises: performing Fourier transform on the oral image f0 obtained by the image acquiring device to obtain a transformed image F0; performing image enhancement on the transformed image F0 to obtain a teeth edge image F0' including high-frequency components; processing the teeth edge image F0' through a first band-pass filter to obtain a filtered image F0"; performing inverse Fourier transform on the filtered image F0" to obtain a transformed image f0'; and traversing the transformed image f0' to obtain an image f1 marked with the teeth area. However, Autrusseau teaches performing Fourier transform on the oral image f0 obtained by the image acquiring device to obtain a transformed image F0 [0088]; performing image enhancement on the transformed image F0 to obtain an edge image F0' including high-frequency components [0088]; processing the edge image F0' through a first band-pass filter to obtain a filtered image F0" [0088]; performing inverse Fourier transform on the filtered image F0" to obtain a transformed image f0' [0088]; and traversing the transformed image f0' to obtain an image f1 marked with the area [0088]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Xu’s recognizing the teeth area with the claimed steps, as taught by Autrusseau, for the purpose of providing alternate image filtration having the predictable results of determining the teeth area.
Allowable Subject Matter
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawamura (JP 2001212161) directed towards an oral cavity washer fitted with videoscope and Li (CN 211094884) directed towards an oral irrigation device with an endoscope.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL T SIPPEL whose telephone number is (571)270-1481. The examiner can normally be reached M-F 9:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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