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 § 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.
Claim(s) 1, 12-15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Braun (PGPub 20100325828).
With regards to claim 1, Braun teaches a pressure sensing toothbrush, comprising: a toothbrush body having a handle (12), a head (14), and a neck (16)extending between the handle and the head, the head having an upper surface supporting a plurality of cleaning elements (20), the toothbrush body defining an internal cavity (figure 3b); a substrate (210) within the internal cavity, the substrate defining an upper surface and a lower surface opposite the upper surface, a first end (210A) and a second end (210B), wherein the first end is closer to the head and the second end is closer to the handle, the substrate including a contact arm (2nd end, 210b) extending from the substrate, the contact arm having a contact surface (face surface); a sensor contact (214, 216, 218) spaced from the contact surface of the contact arm; a power source (36) within the internal cavity; and a signal element (30) on the toothbrush body; wherein a force (250) on the upper surface of the head causes the substrate to flex from an unflexed state to a flexed state, and wherein the flexing of the substrate to the flexed state moves the contact surface of the contact arm toward the sensor contact, and upon the amount of the force reaching a predetermined threshold, the substrate is flexed to a threshold flexed state, wherein the contact surface contacts the sensor contact and completes an electrical connection between the sensor contact, the power source, the contact surface of the contact arm, and the signal element, thereby activating the signal element.
With regards to claim 12, there is a second sensor contact (272), the second sensor contact contacting the contact arm when the substrate is in the unflexed state, and the second sensor not contacting the contact arm when the substrate is in the flexed state, the signal element activated to produce a first signal when the contact arm contacts the second sensor contact, the signal element activated to produce a second signal when the contact arm is not in contact with either of the sensor contacts, and the signal element activated to produce a third signal when the substrate is in the threshold flexed state with the contact arm in contact with the sensor contact (paragraph 0052).
With regards to claim 13, a haptic motor electrically connected to the power source, the haptic motor configured to vibrate the toothbrush, wherein the haptic motor provides a vibration signal to a user when the substrate is in the threshold flexed state (paragraph 0040).
With regards to claim 14, the contact arm is formed by machining the substrate. This is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.
With regards to claim 15, the signal element is a speaker, wherein the speaker is configured to emit an audible signal when the substrate is in the threshold flexed state (paragraph 0023).
Claim(s) 1-3, 14, 16, 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Meginniss (USPN 5815872).
With regards to claim 1, Meginniss teaches a pressure sensing toothbrush, comprising: a toothbrush body having a handle (12), a head (13), and a neck extending between the handle and the head, the head having an upper surface supporting a plurality of cleaning elements (22), the toothbrush body defining an internal cavity (figure 2a); a substrate (50) within the internal cavity, the substrate defining an upper surface and a lower surface opposite the upper surface, a first end (left side of figure 7a) and a second end (right side of figure 7a), wherein the first end is closer to the head and the second end is closer to the handle, the substrate including a contact arm (57) extending from the substrate, the contact arm having a contact surface (56); a sensor contact (44) spaced from the contact surface of the contact arm; a power source (60) within the internal cavity; and a signal element (58/59) on the toothbrush body; wherein a force (F) on the upper surface of the head causes the substrate to flex from an unflexed state to a flexed state, and wherein the flexing of the substrate to the flexed state moves the contact surface of the contact arm toward the sensor contact, and upon the amount of the force reaching a predetermined threshold, the substrate is flexed to a threshold flexed state, wherein the contact surface contacts the sensor contact and completes an electrical connection between the sensor contact, the power source, the contact surface of the contact arm, and the signal element, thereby activating the signal element.
With regards to claim 2, the substrate is a printed circuit board (50), the contact arm formed as a unitary piece with the circuit board, the power source, sensor contact, and the signal element being mounted to the circuit board (figure 7a).
With regards to claim 3, the contact arm is cantilevered to the substrate (figure 8 shows that the contact arm (shown as element 50) is flexibly connected to the middle portion of the substrate, via bent angled portion), the contact arm having a base end attached to the substrate and a free end opposite from the base end and spaced from the remainder of the substrate, the free end positioned adjacent to the sensor contact, wherein the free end is spaced from the sensor contact with the substrate in the unflexed state (figure 5), and wherein the free end contacts the sensor contact when the substrate is in the threshold flexed state (figure 6).
With regards to claim 14, the contact arm is formed by machining the substrate. This is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.
With regards to claim 16, a pressure sensor for a toothbrush, the toothbrush having a toothbrush body including a head (13), a handle (12), and a neck between the head and the handle, the toothbrush body defining an internal cavity (figure 2a) extending through at least a portion of the handle and the neck, the pressure sensor comprising: a printed circuit board (50) disposed within the internal cavity, the printed circuit board including a contact arm (57) having a base end connected to the printed circuit board and a free end opposite from the base end and unconnected to the remainder of the circuit board; a power source within the internal cavity (60); a signal element (58/59) mounted on the circuit board and connected to the power source; a sensor contact (44) mounted on the circuit board adjacent to the free end of the contact arm; wherein the printed circuit board is positioned such that a force on the head of the toothbrush flexes the printed circuit board and moves the contact arm between an unflexed position in which the contact arm is spaced from the sensor contact (figure 5), and a flexed position in which the contact arm moves toward the sensor contact (figure 6), and when the amount of the force on the head reaches a predetermined threshold, the contact arm is moved to a threshold flexed position in which the contact arm contacts the sensor contact to complete a circuit between the power source and the signal element to activate the signal element.
With regards to claim 20, the contact arm includes a plated contact pad (56) that contacts the sensor contact when the substrate is in the threshold flexed position.
Allowable Subject Matter
Claims 4-11 and 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 and 18 include the limitation that the contact arm is centrally disposed within an opening defined in the substrate.
Claim 17 includes the limitation of a second sensor contact, the second sensor contact contacting the contact arm when the substrate is in the unflexed state, and the second sensor not contacting the contact arm when the substrate is in the flexed state, the signal element activated to produce a first signal when the contact arm contacts the second sensor contact, the signal element activated to produce a second signal when the contact arm is not in contact with either of the sensor contacts, and the signal element activated to produce a third signal when the substrate is in the threshold flexed state with the contact arm in contact with the sensor contact.
The prior art of Braun and Meginniss fail to teach these limitations and it would not have been obvious to modify the prior art to achieve the claimed invention since there is no motivation or teaching to do so. Therefore, these claims are free from the 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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/SHAY KARLS/ Primary Examiner, Art Unit 3723