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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/31/26 has been entered.
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, 5-8, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 201676306) in view of Behrendt (CN 108141983).
Luo teaches an electric toothbrush handpiece having at least one interface (20) for coupling to a brush attachment (4), having at least one housing (6), having at least one drive unit (26) for driving the interface, which is received in the housing, and having at least one energy store (28) for supplying energy to the drive unit, characterized by at least one fix frame unit (27) which is arranged in the housing and which is implemented as a single piece and which at least partially receives the drive unit and the energy store; at least one charging coil (coil on element 29; paragraph 0031) for charging the energy store is received in the frame unit (paragraph 0031 states that “the battery 28 is connected with the coil of the electric toothbrush charge coil frame 29”); wherein the frame unit forms multiple receptacle regions at least for the drive unit and the energy store, which receptacle regions are positioned in a defined manner relative to one another in particular both in an assembled state and in an unassembled state of the frame unit, wherein the frame unit extends axially over the entire drive unit and the entire energy store; the frame unit has a receiving portion region (figure 6, clips on 29 are received within the bottom of frame 27) for receiving the charging coil in a positionally fixed manner; the charging coil is held and clamped from an outside by the frame unit (via 29).
Luo teaches all the essential elements of the claimed invention however fails to teach the energy store is clamped radially by lateral holding arms of the frame and a longitudinal displacement of the energy store is prevented by means of a chamber construction of the frame unit.
Behrendt teaches a handle with a battery (66) that is clamped within a frame (62) by lateral holding arms (see figure below) of the frame and longitudinal displacement is prevented by means of a chamber construct of the frame unit (top and bottom portions of the frame which surrounds the battery).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luo so that the frame comprises a chamber and lateral holding arms as taught by Behrendt to ensure that the battery stays in place for constant connection to supply energy to the drive unit.
With regards to claim 5, a separate frame unit (29 holds the coil) of the charging coil is installed on the frame unit by a plugging-on process (figure 5 and 6).
With regards to claim 6, there is a circuit board (31) for control of the drive unit, which circuit board is at least partially received in positively locking fashion by the frame unit and extends at least over a large part of an axial extent of the frame unit.
With regards to claim 7, the frame unit has at least two hook-shaped positive-locking elements, which are configured for partially engaging over the circuit board in an installed state (see figure below).
With regards to claim 8, the circuit board particularly has, on an outer edge, recesses which correspond to the positive-locking elements and via which the circuit board can, for installation thereof, be moved past the positive- locking elements into an end position.
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With regards to claim 16, a method for producing the electric toothbrush handpiece as claimed in claim 1 (figure 1 shows the toothbrush assembled).
With regards to claim 17, during a process of assembly of the electric toothbrush handpiece, in a first step, all of the internal parts are installed via the frame unit and are subsequently, in a second step, pressed into the housing (figure 6 shows internal parts installed on the frame and figure 7 shows it installed in the housing).
With regards to claim 18, an electric toothbrush handpiece as claimed in claim 1 and having a brush attachment (4).
Claim(s) 1, 3-8, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (CN 2017008038) in view of Behrendt (CN 108141983).
Wagner teaches an electric toothbrush handpiece having at least one interface (116) for coupling to a brush attachment (104), having at least one housing (102), having at least one drive unit (130) for driving the interface, which is received in the housing, and having at least one energy store (136) for supplying energy to the drive unit, characterized by at least one fix frame unit (122) which is arranged in the housing and which is implemented as a single piece and which at least partially receives the drive unit and the energy store; at least one charging coil (153)or charging the energy store, the charging coil being received in the frame unit (via 132) wherein; the frame unit forms multiple receptacle regions at least for the drive unit and the energy store, which receptacle regions are positioned in a defined manner relative to one another in particular both in an assembled state and in an unassembled state of the frame unit, wherein the frame unit extends axially over the entire drive unit and the entire energy store; the frame unit has a receiving portion region (figure 4b; 181) for receiving the charging coil in a positionally fixed manner (via 132); the charging coil is held and clamped from an outside by the frame unit (clips 180a-c connect to 181, 183a-183b).
Wagner teaches all the essential elements of the claimed invention however fails to teach the energy store is clamped radially by lateral holding arms of the frame and a longitudinal displacement of the energy store is prevented by means of a chamber construction of the frame unit.
Behrendt teaches a handle with a battery (66) that is clamped within a frame (62) by lateral holding arms (see figure below) of the frame and longitudinal displacement is prevented by means of a chamber construct of the frame unit (top and bottom portions of the frame which surrounds the battery).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wagner so that the frame comprises a chamber and lateral holding arms as taught by Behrendt to ensure that the energy store stays in place for constant connection to supply energy to the drive unit.
With regards to claim 3, there is a compressible length compensation element (152, 154) for the length compensation for the compensation of tolerances, which is fitted between charging coil and frame unit.
With regards to claim 4, there is a separate frame unit (132) of the charging coil, which is installed on the frame unit, wherein the frame unit of the charging coil carries within it the charging coil and also a compensation element (152, 154), which is pressed by the charging coil against the energy store.
With regards to claim 5, a separate frame unit (150) of the charging coil is installed on the frame unit by a plugging-on process (figure 4a, 4b; 183a, b and 180a, b).
With regards to claim 6, there is a circuit board (134) for control of the drive unit, which circuit board is at least partially received in positively locking fashion by the frame unit and extends at least over a large part of an axial extent of the frame unit.
With regards to claim 7, the frame unit has at least two hook-shaped positive-locking elements, which are configured for partially engaging over the circuit board in an installed state (see figure below).
With regards to claim 8, the circuit board particularly has, on an outer edge, recesses which correspond to the positive-locking elements and via which the circuit board can, for installation thereof, be moved past the positive- locking elements into an end position.
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With regards to claim 16, a method for producing the electric toothbrush handpiece as claimed in claim 1 (figure 2a-2c shows the toothbrush assembled).
With regards to claim 17, during a process of assembly of the electric toothbrush handpiece, in a first step, all of the internal parts are installed via the frame unit and are subsequently, in a second step, pressed into the housing (figure 3a shows internal parts installed on the frame and figure 2a shows it installed in the housing).
With regards to claim 18, an electric toothbrush handpiece as claimed in claim 1 and having a brush attachment (104).
Claim(s) 1, 3-6, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleppen (WO 2015159250) in view of Behrendt (CN 108141983).
Kleppen teaches an electric toothbrush handpiece having at least one interface (32) for coupling to a brush attachment, having at least one housing (20), having at least one drive unit (50) for driving the interface, which is received in the housing, and having at least one energy store (80) for supplying energy to the drive unit, characterized by at least one fix frame unit (40) which is arranged in the housing and which is implemented as a single piece and which at least partially receives the drive unit and the energy store; at least one charging coil (paragraph 0030; conductive wiring) for charging the energy store is received in the frame unit (figure 4b, 4c); wherein the frame unit forms multiple receptacle regions (figure 5, assembly 1) at least for the drive unit and the energy store, which receptacle regions are positioned in a defined manner relative to one another in particular both in an assembled state and in an unassembled state of the frame unit, wherein the frame unit extends axially over the entire drive unit and the entire energy store; longitudinal displacement of the energy store is prevented by means of a chamber construction of the frame unit (figure 5; assembly 1); the frame unit has a receiving portion region (46; figure 4b-4c) for receiving the charging coil in a positionally fixed manner; the charging coil is held and clamped from an outside by the frame unit (90 is held on the outside of frame 40 via 46).
Kleppen teaches all the essential elements of the claimed invention however fails to teach the energy store is clamped radially by lateral holding arms of the frame.
Behrendt teaches a handle with a battery (66) that is clamped within a frame (62) by lateral holding arms (see figure below) of the frame and longitudinal displacement is prevented by means of a chamber construct of the frame unit (top and bottom portions of the frame which surrounds the battery).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kleppen so that the frame comprises a chamber and lateral holding arms as taught by Behrendt to ensure that the battery stays in place for constant connection to supply energy to the drive unit.
With regards to claim 3, there is a compressible length compensation element (98) for the length compensation for the compensation of tolerances, which is fitted between charging coil and frame unit.
With regards to claim 4, there is a separate frame unit (90) of the charging coil, which is installed on the frame unit, wherein the frame unit of the charging coil carries within it the charging coil and also a compensation element (98), which is pressed by the charging coil against the energy store.
With regards to claim 5, a separate frame unit (90) of the charging coil is installed on the frame unit by a plugging-on process (via 46).
With regards to claim 6, there is a circuit board (100) for control of the drive unit, which circuit board is at least partially received in positively locking fashion by the frame unit and extends at least over a large part of an axial extent of the frame unit.
With regards to claim 16, a method for producing the electric toothbrush handpiece as claimed in claim 1 (figure 1 shows the toothbrush assembled; abstract discusses toothbrush).
With regards to claim 17, during a process of assembly of the electric toothbrush handpiece, in a first step, all of the internal parts are installed via the frame unit and are subsequently, in a second step, pressed into the housing (figure 5, show the assembly of the device).
With regards to claim 18, an electric toothbrush handpiece as claimed in claim 1 and having a brush attachment (abstract; toothbrush).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleppen (WO 2015159250) in view of Behrendt (CN 108141983) and Luo (CN201676306).
Kleppen teaches all the essential elements of the claimed invention however fails to teach that the frame unit has at least two hook-shaped positive-locking elements, which are configured for partially engaging over the circuit board in an installed state (claim 7) and the circuit board particularly has, on an outer edge, recesses which correspond to the positive-locking elements and via which the circuit board can, for installation thereof, be moved past the positive- locking elements into an end position (claim 8). Luo teaches a toothbrush with a handle having a frame and circuit board. The frame has hooks and the circuit board has recesses (see figure below). The recesses and the hooks are fit together to secure the circuit board to the frame. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kleppen so that there are hook elements and recesses on the circuit board and frame unit as taught by Luo to securely attach the elements together thus preventing any movement between the elements while in the housing.
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Claim(s) 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo (‘306) or Wagner (‘038) both in view of Behrendt (CN 108141938) further in view of Li (CN 201966781).
Luo or Wagner both in view of Behrendt teach all the essential elements of the claimed invention including a rotor (24 and 130 respectively). The references however fail to teach that the rotor has a rotor cover or a covering cap. Li teaches a toothbrush with a rotor (figure 1) that has a rotor cover (7) (claim 10). The rotor cover is not shown secured in a toothbrush handle however it is clear that the rotor would be secured within a toothbrush handle (paragraph 0003) via any securing means (claim 11). There is a covering cap (4) which is configured for being pushed over a spindle-side end of the rotor cover and of the frame unit, wherein, in an assembled state, the covering cap engages around in each case the spindle-side end of the rotor cover and of the frame unit (claim 13). The covering cap serves for sealing off a housing interior (claim 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luo and Wagner so that their rotors comprise a rotor cover and covering cap as taught by Li, wherein the rotor would be mounted between the frame unit and the rotor cover (claim 12) to allow for the rotor to fit more securely within the frame. When combining the references the interfaces of Luo and Wagner with Li the spindles of the rotors would be guided through the covering cap to act as a seal for the housing interior (claim 14 and 15).
Response to Arguments
The applicant argues that Luo and Wagner fail to teach the claims features of the charging coil. In response, the charging coil of both references are attached to a separate frame which is attached to the fix frame unit. This reads on the claim limitations since the coil is attached to the frame unit via a separate frame. Additionally, applicants claims 4-5 teach a separate frame unit of the charging coil installed on the frame unit which further supports the Luo and Wagner references being valid prior art.
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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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.
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/SHAY KARLS/ Primary Examiner, Art Unit 3723