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 .
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 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.
Status of Claims
Claims 1 – 5 and 9 – 25 are pending. Claims 6 – 8 are cancelled.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 5 and 9 – 25 are rejected under 35 U.S.C. 103 as being unpatentable over Serval et al. (WO 2018037318 A1) in view of Duineveld (EP 3725263 A1).
Regarding Independent Claim 1, Serval teaches an oral treatment device (oral hygiene devices, 1; Fig. 1) comprising: a head (head, 42; Fig. 3A) for use in treating an oral cavity of a user (Paragraph [0098]), the oral cavity comprising a plurality of oral cavity zones (Paragraph [0171]); an inertial measurement unit, IMU (Paragraph [0021]), operable to output signals dependent on position and/or movement of the head of the oral treatment device (Paragraph [0109]); a fluid delivery system (flosser, 1) for delivering working fluid to the oral cavity of the user (Paragraph [0130]), the fluid delivery system comprising a control circuit (interfacing circuit; Paragraph [0080])and a controller (controller, 13) configured to: receive signals from the IMU indicating position and/or movement of the head of the oral treatment device relative to the oral cavity of the user (Paragraph [0134] and [0134]); process the received signals to obtain classification data (Paragraph [0179] and [0180]), wherein the classification algorithm is trained to identify, from the plurality of oral cavity zones, an oral cavity zone in which the head of the oral treatment device is located (Paragraph [0191] and [0208] – 02103]) , wherein the obtained classification data indicates the oral cavity zone in which the head of the oral treatment device is located (Paragraph [0171]); and control the oral treatment device to output a control signal based on the classification data (Paragraphs [0220] – [0224]).
Serval does not explicitly teach the oral treatment device to output a control signal based on the classification data to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal.
Duineveld, however, teaches the oral treatment device (fluid based tooth cleaning system, 10) to output a control signal (via control unit, 50) based on the indicated oral cavity zone (Paragraph [0028]) to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal (Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Serval to further include the oral treatment device to output a control signal based on the classification data to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal, as taught by Duineveld, to provide a device capable of dislodging matter located within a gap between the user's teeth, thus providing an improved cleaning experience.
Regarding Claim 2, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the plurality of oral cavity zones comprises more than two oral cavity zones (Paragraphs [0130], [0134], [0171] and [0193]).
Regarding Claim 3, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the plurality of oral cavity zones comprises 18 oral cavity zones (Paragraph [0193]).
Regarding Claim 4, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein a given oral cavity zone of the plurality of oral cavity zones is indicative of: a quadrant or sextant of the oral cavity (Paragraph [0193]), and a tooth surface selected from a list comprising: buccal, lingual, and occlusal tooth surfaces (Paragraph [0164]).
Regarding Claim 5, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the classification algorithm comprises a machine learning algorithm (Paragraphs [0198] – [0206]).
Regarding Claim 9, Serval, as modified, teaches the oral treatment device of clam 1 as discussed above.
Serval does not explicitly teach the control signal is operable to cause the control circuit to prevent the delivery of the working fluid based on the classification data.
Duineveld, however, teaches the control signal is operable to cause the control circuit to prevent the delivery of the working fluid based on the classification data (Paragraph [0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Serval to further include the control signal is operable to cause the control circuit to prevent the delivery of the working fluid based on the classification data, as taught by Duineveld, to provide a device that can stop the flow of fluids, thus preventing waste and saving money.
Regarding Claim 10, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to cause a user interface (Fig. 1) to provide an output dependent on the classification data (Paragraphs [0026] – [0030]).
Regarding Claim 11, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to cause the user interface (Fig. 1) to provide the output during use of the oral treatment device in treating the oral cavity of the user (Paragraphs [0036] – [0047]).
Regarding Claim 12, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to cause the user interface (Fig. 1) to provide the output after use of the oral treatment device in treating the oral cavity of the user (Paragraph [0080]).
Regarding Claim 13, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the output provided by the user interface comprises an audio, visual and/or haptic output (Paragraph [0101]).
Regarding Claim 14, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the user interface (Fig. 1) is comprised in a remote device (30), and wherein the controller (13) is configured to output a signal to the remote device to cause the user interface to provide the output (Paragraph [0180]).
Regarding Claim 15, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the oral treatment device comprises the user interface (Paragraph [0101]).
Regarding Claim 16, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to cause a user interface to provide an output, the output comprising a notification notifying the user to position the head of the oral treatment device in a predetermined oral cavity zone (Paragraph [0101]).
Regarding Claim 17, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to modify the classification algorithm using the received signals from the IMU (Paragraphs [0168] – [0171).
Regarding Claim 18, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to store the classification data in a memory (Paragraph [0180]).
Regarding Claim 19, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to output the classification data for transmission to a remote device (Paragraph [0092]).
Regarding Claim 20, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the controller (13) is configured to: receive training data from a remote device; and modify the classification algorithm using the received training data (Paragraphs [0214] – [0219]).
Regarding Independent Claim 21, Serval teaches a method of operating an oral treatment device for use in treating an oral cavity of a user, the oral treatment device comprising: a head (head, 42; Fig. 3A) for use in treating an oral cavity of a user (Paragraph [0098]), the oral cavity comprising a plurality of oral cavity zones (Paragraph [0171]); a fluid delivery system (flosser, 1) for delivering working fluid to the oral cavity of the user (Paragraph [0130]), the fluid delivery system comprising a control circuit (interfacing circuit; Paragraph [0080]); an inertial measurement unit, IMU (Paragraph [0021]), operable to output signals dependent on position and/or movement of the head of the oral treatment device (Paragraph [0109]); a controller (controller, 13) the method comprising, at the controller (13); receive signals from the IMU indicating position and/or movement of the head of the oral treatment device relative to the oral cavity of the user (Paragraph [0134] and [0134]); process the received signals to obtain classification data (Paragraph [0179] and [0180]), to identify, from the plurality of oral cavity zones, an oral cavity zone in which the head of the oral treatment device is located (Paragraph [0191] and [0208] – 02103]) , wherein the obtained classification data indicates the oral cavity zone in which the head of the oral treatment device is located (Paragraph [0171]).
Serval does not explicitly teach the oral treatment device to output a control signal based on the classification data to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal.
Duineveld, however, teaches the oral treatment device (fluid based tooth cleaning system, 10) to output a control signal (via control unit, 50) based on the indicated oral cavity zone (Paragraph [0028]) to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal (Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Serval to further include the oral treatment device to output a control signal based on the classification data to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal, as taught by Duineveld, to provide a device capable of dislodging matter located within a gap between the user's teeth, thus providing an improved cleaning experience.
Regarding Independent Claim 22, Serval teaches a computer program (Claims 23 – 24) comprising a set of instructions which, when executed by a computerized device, cause the computerized device to perform a method of operating an oral treatment device for use in treating an oral cavity of a user (Paragraph [0043]), the oral treatment device comprising a head (42) for use in treating an oral cavity of a user (Paragraph [0098]), the oral cavity comprising a plurality of oral cavity zones (Paragraph [0109]), a fluid delivery system (flosser, 1) for delivering working fluid to the oral cavity of the user (Paragraph [0130]); and an inertial measurement unit, IMU (Paragraph [0021]), operable to output signals dependent on position and/or movement of the head of the oral treatment device (Paragraph [0109]), the method comprising: receive signals from the IMU indicating position and/or movement of the head of the oral treatment device relative to the oral cavity of the user (Paragraph [0134] and [0134]); process the received signals using a trained non-linear classification algorithm to obtain classification data (Paragraph [0179] and [0180]), wherein the classification algorithm is trained to identify, from the plurality of oral cavity zones, an oral cavity zone in which the head of the oral treatment device is located (Paragraph [0191] and [0208] – 02103]) , wherein the obtained classification data indicates the oral cavity zone in which the head of the oral treatment device is located (Paragraph [0171]).
Serval does not explicitly teach the oral treatment device to output a control signal based on the classification data to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal.
Duineveld, however, teaches the oral treatment device (fluid based tooth cleaning system, 10) to output a control signal (via control unit, 50) based on the indicated oral cavity zone (Paragraph [0028]) to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal (Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Serval to further include the oral treatment device to output a control signal based on the classification data to the control circuit of the fluid delivery system such that upon receipt of the control signal, the control circuit of the fluid delivery system controls the delivery of the working fluid according to the control signal, as taught by Duineveld, to provide a device capable of dislodging matter located within a gap between the user's teeth, thus providing an improved cleaning experience.
Regarding Claim 23, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the received signals are processed using a trained non-linear classification algorithm to obtain the classification data, the trained non-linear classification algorithm being located on the oral care treatment device (Paragraphs [0179] – [0180]).
Regarding Claim 24, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the received signals are processed using a trained non-linear classification algorithm to obtain the classification data, the trained non-linear classification algorithm being located on the oral care treatment device (Paragraphs [0179] – [0180]).
Regarding Claim 25, Serval, as modified, teaches the oral treatment device (Fig. 1) wherein the received signals are processed using a trained non-linear classification algorithm to obtain the classification data, the trained non-linear classification algorithm being located on the oral care treatment device (Paragraphs [0179] – [0180]).
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated April 17, 2026 with respect to the rejection of claims 1 – 5 and 9 – 25 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Duineveld.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATINA N. HENSON/Primary Examiner, Art Unit 3723
Prosecution Insights