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 .
Objections to the Specification
1. The disclosure is objected to because of the following informalities: paragraph [0004] US 3,046,584 should be –U.S. Patent 3,046,584--.
In paragraph [0531], an articulation pin 13 should be –articulation pin 13a--.
Appropriate correction is required.
Rejections 35 U.S.C. § 112
2. 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 3-5 recites the limitation "the eccentricity" in the first line of each of these claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "a gear unit" and an electric motor in lines 6-7. It is not clear whether the gear unit and electric motor differ from the claim 1, from which claim 10 depends, or are additional electric motor and gear unit to the previous ones mentioned. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-37 are rejected for their dependency on claim 10.
Claim 10 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. In particular, claim 10 recites in line 6 a drive unit according to claim 1, with a gear unit and an electric motor. However, since claim 10 depends from claim 1, then the drive unit would be the same as claimed in claim 1 such that the gear unit and electric motor would be the same as previously introduced in claim 1. It is not clear whether the applicant intends to a different gear unit and electric motor from claim 1 or reference the previous aforementioned gear unit and electric motor.
Rejections 35 U.S.C. § 102
3. 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, 2 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication (2012/0279002) to Sokol et al.
Regarding independent claim 1, Sokol et al. discloses having a gear unit (26) and an electric motor (32),wherein the gear unit (11) comprises an eccentric (50), a connecting rod (14), a drive shaft (20) and an articulation piece (52) securely connected to the drive shaft (12), wherein the electric motor (32) has a motor shaft (37), that the eccentric (50) has a main part (See central portion in FIG. 5) with a main part axis (vertical axis) and has an eccentric pin (53) which is arranged on the main part (See central portion in FIG. 5) and extends from the main part (See central portion in FIG. 5) in parallel with the main part axis (vertical axis) the connecting rod (14) has a first bearing (42), a second bearing (44), and a rod element (48) which connects the first bearing (42) to the second bearing (44) (See paragraphs [0037]-[0038]),
that the articulation piece (52) is secured to the drive shaft (20) and has an articulation pin (67) which extends in parallel with the drive shaft (20) and counter to the eccentric pin (50), wherein the main part (See central portion in FIG. 5) of the eccentric (50) is attached along the main part axis (vertical axis) to the motor shaft (16a) of the electric motor (32) and the eccentric pin (53) is received by the first bearing (42) of the connecting rod (14), and wherein the articulation pin (13a) of the articulation piece (52) secured to the drive shaft (20) is received by the second bearing (44) of the connecting rod (14).
Regarding claim 2, Sokol et al. discloses that the main part (See central portion in FIG. 5) of the eccentric (50) has one or more recesses (center that encompasses shaft (37) in FIG. 5) 5) configured such that the center of mass of the eccentric (15) is located on the motor shaft (37) of the electric motor (32).
Regarding claim 8, Sokol et al. discloses that the articulation pin (67) of the articulation piece (52) molded onto secured to the drive shaft (20) and the eccentric pin (53) have approximately the same diameter.
Rejections 35 U.S.C. § 103
4. 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.
Claims 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over by U.S. Patent Publication (2012/0279002) to Sokol et al.
Regarding claim 3, Sokol et al. is silent regarding that the eccentricity of an eccentric pin axis relative to the main part axis is from 0.2 mm to 3 mm, preferably from 0.3 mm to 2 mm. However, absent criticality in the specification, this 0.1 mm range would have been obvious for one of ordinary skill in the art before the effective filing date to modify the eccentricity of the pin axis to be within this 0.1mm range in order to ensure optimization to manufacturing objectives.
Regarding claim 4, Sokol et al. is silent that the eccentricity of the eccentric pin axis relative to the main part axis is from 0.3 mm to 1 mm. However, absent criticality in the specification, this 0.2 mm range would have been obvious for one of ordinary skill in the art before the effective filing date to modify the eccentricity of the pin axis to be within this 0.1mm range in order to ensure optimization to manufacturing objectives.
Regarding claim 5, Sokol et al. is silent regarding that the eccentricity (E) of the eccentric pin axis (vertical axis) relative to the main part axis (see central portion) is from 1.4 mm to 2 mm. However, absent criticality in the specification, this 0.8 mm range would have been obvious for one of ordinary skill in the art before the effective filing date to modify the eccentricity of the pin axis to be within this 0.8 mm range in order to ensure optimization to manufacturing objectives.
Regarding claim 6, Sokol et al. is silent regarding a motor speed in the unloaded state is from 7,000 rpm to 12,000 rpm, preferably from 9,000 rpm to 11,000 rpm. However, absent criticality in the specification, this 5,000 rpm would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify the motor speed (32) to be at least 7,000 rpm since such speed would have been obvious to try to provide effective cleaning for teeth.
Regarding claim 7, Sokol et al. is silent the motor speed in the loaded state is from 3,500 rpm to 10,000 rpm, preferably from 4,000 rpm to 7,000 rpm. However, absent criticality in the specification, this 6,500 rpm would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify the motor speed (32) to be at least 3,500 rpm since such speed would have been obvious to try to provide effective cleaning for teeth.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over by U.S. Patent Publication (2012/0279002) to Sokol et al. in view of U.S. Patent Publication (2021/0100346) to Dishon.
Regarding claim 9, Sokol et al. is silent regarding that the first and/or second bearing (42, 44) and/or the articulation pin (67) and/or the eccentric pin (53) is/are provided with a sleeve. However, Dishon teaches a toothbrush head (10) having receptacle (16) and a spring clip (22). Dishon teaches a sleeve (12) having a first and a second end (24, 26) (See paragraphs [0020]-[0021]). It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Sokol et al. with Dishon to include a sleeve (12) in order to provide connection and freedom of movement for internal parts.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
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