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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
Claim 13 – “wherein the stem is welded to the main body by a butt joint.” Applicant neither shows a “butt joint” or a “weld.”
While a weld is a type of integral connection and an integral connection is shown. A weld, and possibly a weld that delineates the parts that it joins, should be shown if it is being claimed, much like tape or adhesive would be shown to show the connection between two parts. Applicant should either show the weld or change this to “integral” as this is what is shown.
As for the “butt joint,” this also needs to be shown. While a “butt joint” is typically understood as joining two pieces by placing their ends or edges directly together, this needs to be shown as it relates to the claimed structures as this connection, being welded to the main body by a butt joint, is being claimed which implies that the connection is novel and differentiates the invention from prior art. Therefore, if the connection is considered novel and unobvious by the Applicant, then Applicant cannot rely on one of ordinary skill in the art to readily understood what is meant by “wherein the stem is welded to the main body by a butt joint.” Applicant should either show this or amend the claim to state “wherein the stem is welded to the main body.”
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
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 16 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.
Regarding claim 16, the claimed “identical” is indefinite. The term “identical” requires a comparison, wherein the comparison is usually generalized and not being identical in every exact detail, down to the smallest of differences. Rather, “identical” is used to mean “having such close resemblance as to be essentially the same” (“identical”, def. 2; Merriam-Webster Online Dictionary). Therefore, the term “identical” is considered indefinite. For the purpose of examination, the examiner will consider this to be a first shaft of a plurality of
Claim Rejections - 35 USC § 102
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) 1-5, 7, and 9-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito (JP2001037790A).
Regarding claim 1, Ito (JP2001037790A) discloses a toothbrush system comprising:
a shaft including:
a hollow main body (outer cover 14) having a first end portion (end opposite of brush 10A) and a second end portion (end containing brush 10A) (Fig. 1),
a bristle array (brush 10A) and a suction port (end of suction passage 1B at brush 10A) (Fig. 1) disposed at the second end portion (end containing brush 10A), and
a hollow stem (suction tube 14D) extending from a side of the first end portion (end opposite of brush 10A) (Fig. 1),
wherein an open end of the stem (suction tube 14D) is configured to be coupled to an external suction source (suction connecting portion 25B, which is connected to suction hose 23 that provides a source of suction),
wherein a passageway extends through the hollow stem (suction tube 14D) (Fig. 1) and the hollow main body (outer cover 14) to provide fluid communication from the suction port (end of suction passage 1B at brush 10A) to the open end of the stem (that is coupled to connecting portion 25B) (Fig. 1); and
a handle (holder 2) removably coupled to the disposable shaft, the handle (holder 2) including a drive system (motor) (“a holder having a driving portion such as a motor”) [Ito Translation; page 3, paragraph 0016] operably coupled to the bristle array to actuate motion of the bristle array (brush 10A) (Fig. 1);
wherein the stem (suction tube 14D) has an inner shape (substantially round) corresponding to an outer shape (substantially round) of a neck (2A) of the handle (holder 2), such that when the disposable shaft is coupled to the handle (holder 2), the stem (suction tube 14D) follows the outer shape of the neck (2A) (Fig. 1).
As for the term “disposable,” this is merely considered intended use. There is no inherent structure to be considered “disposable” and rather it is the intent of the user that makes something disposable or not. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). Since this is considered intended use then it is not considered to limit the claim functionally.
Regarding claim 2, Ito discloses the toothbrush system of claim 1, further comprising a suction tube (suction connecting portion 25B) coupling the stem (suction tube 14D) to the external suction source (Fig. 1).
Regarding claim 3, Ito discloses the toothbrush system of claim 2, wherein the suction tube (suction connection portion 25B) is selectively engaged (i.e. connected) (the bracket 25 is a separate and distinct element, as seen in Figure 1) with the handle (handle 2) (via bracket 25).
Regarding claim 4, Ito discloses the toothbrush system of claim 3, wherein a housing of the handle (handle 2) includes an external groove, and the suction tube (suction connection portion 25B) is received by the external groove (see annotated Figure below).
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Regarding claim 5, Ito discloses the toothbrush system of claim 1, wherein the stem (suction tube 14D) extends down a length of the handle (holder 2) (Fig. 1).
Regarding claim 7, Ito discloses the toothbrush system of claim 1, wherein the suction port (end of suction passage 1B at brush 10A) is positioned below the bristle array (positioned below a plurality of bristles of brush 10A considered to be the bristle array) (Figs. 1 and 2).
Regarding claim 9, Ito discloses the toothbrush system of claim 1, wherein the drive system is configured to vibrate or oscillate the bristle array (“a drive shaft 2B that vibrates slightly in the horizontal direction in FIG. 1 is provided so as to protrude from the main body 2A”) [It Translation; page 6, 3rd to last paragraph] (“A driving operation such as a minute vibration along the axial direction can be transmitted to the shaft member 13 via the fitting member 15 to drive the brush 10A.”) [Ito Translation; page 6, 3rd to last paragraph].
Regarding claim 10, Ito discloses the toothbrush system of claim 1, wherein the drive system of the handle is operably coupled to the bristle array by a driveshaft (drive shaft 2B) extending through the hollow main body (outer cover 14, also including fitting member 15) (“the drive shaft 2B that has entered the opening 3A in the holder 3 is fitted into the brush transmitting portion 15D of the fitting member 15”) [Ito Translation; page 6, 3rd to last paragraph] (Fig. 1).
Regarding claim 11, Ito discloses the toothbrush system of claim 10. As to “wherein the driveshaft (drive shaft 2B) is configured to be selectively decoupled from the drive system, such that the driveshaft remains with the main body (outer cover 14) when the disposable shaft is separated from the handle (holder 2),” the functional limitation is considered to require that the driveshaft share a coupling with the drive system that is “selectively decouple[able].” While not explicitly disclosed, it would’ve been obvious to one of ordinary skill in the art to make the driveshaft selectively decouplable from the drive system (i.e. motor) in order to replace the driveshaft and/or motor without having to replace the other when one becomes unusable or defective, as is a known benefit to having separable parts.
Regarding claim 12, Ito discloses the toothbrush system of claim 1, wherein the stem (suction tube 14D) is unitary (i.e. forming a single entity) with the main body (14) of the disposable shaft (outer cover 14) (Fig. 1).
Regarding claim 13, Ito discloses the toothbrush system of claim 1, wherein the stem (suction tube 14D) is [integral] to the main body (outlet cover 14) by a butt joint (see Fig. 1 below, where the suction tube 14D and the cover 14 are joined by a connection 15 wherein part of the connection 15 is considered part of the cover stem/tube 14D and part of the body/cover 14, thus integrally joining those two sections). While Ito fails to disclose specifically that these sections are ”welded,” a weld is defined as uniting by heating and allowing the materials to flow together. It has been held that “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.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). A welded joint would be considered equivalent and/or identical to a welded joint and, therefore, the integral connection of Ito is considered to the same as a “welded” connection through the product-by-process interpretation.
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Regarding claim 14, Ito discloses the toothbrush system of claim 1, wherein the stem (suction tube 14D) extends in a first fixed direction away from the disposable shaft (14) and continues external to an outer wall of the handle (holder 2) in a second fixed direction parallel to a long axis of the handle (holder 2) (Figs. 1 and 2), such that an entirety of the stem (suction tube 14D) has a fixed spatial relationship with respect to the disposable shaft (14) and is external to the handle (holder 2) (Figs. 1 and 2).
Regarding claim 15, Ito discloses a method for operating a handheld electric toothbrush, the method comprising:
actuating motion of a bristle array at a distal end portion of a disposable shaft (14) of a handheld toothbrush (Fig. 1) using a motor (“motor”) disposed in a handle (holder 2) of the toothbrush (“The main body 2A of the holder 2 is provided with a drive mechanism such as a pinion and a crank which are driven by a motor (not shown) and a bearing as a drive system inside.”) [Ito Translation; page 5, 4th paragraph],
wherein the disposable shaft (14) is removable from the handle (holder 2) (Figs. 1 and 2); and
initiating suction at a suction port (end of suction passage 1B at brush 10A) disposed at the distal end portion of the disposable shaft (14) using an external suction source (suction hose 23) coupled to a stem (suction tube 14D) protruding around the handle (holder 2) from a proximal end portion (end opposite of brush 10A) of the shaft (14), such that an entirety of a suction path (contained in suction tube 14D) bypasses the handle (holder 2) (Figs. 1 and 2);
wherein the stem (suction tube 14D) has an inner shape corresponding to an outer shape of a neck (2A) of the handle (holder 2) (Fig. 1), such that when the shaft (14) is coupled to the handle (holder 2), the stem (suction tube 14D) follows the shape of the neck (2A) (Fig. 1).
Regarding claim 16, Ito discloses the method of claim 15, wherein the shaft (14) is a first shaft (14) of a plurality of
manually removing the first shaft from the handle (Ito teaches replacement when the user deems the first shaft is in need of replacement) (“Therefore, it is not necessary to manually connect the tubes of the water supply system and the suction system to the passages one by one, and the workability during assembly is greatly improved. At the time of replacement or the like, an effect that the operability for attaching and detaching is significantly improved is brought about.”) [Ito Translation; page 7, paragraph 7];
manually coupling a second shaft (a replacement shaft) of the plurality of identical shafts to the same handle (holder 2) (“Therefore, it is not necessary to manually connect the tubes of the water supply system and the suction system to the passages one by one, and the workability during assembly is greatly improved. At the time of replacement or the like, an effect that the operability for attaching and detaching is significantly improved is brought about.”) [[Ito Translation; page 7, paragraph 7]; and
disposing of the first shaft (while Ito does say to dispose of the shaft that has been replaced, it would be obvious that replacement implies that the item being replaced is no longer desireable and, as such, would be disposed of) (“Therefore, it is not necessary to manually connect the tubes of the water supply system and the suction system to the passages one by one, and the workability during assembly is greatly improved. At the time of replacement or the like, an effect that the operability for attaching and detaching is significantly improved is brought about.”) [Ito Translation; page 7, paragraph 7].
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.
Claim(s) 6, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2001037790A) in view of Cindrich (US-2009/0197220).
Regarding claim 6, Ito discloses the toothbrush system of claim 1, but fails to disclose wherein the stem (suction tube 14D) includes an external opening.
However, Cindrich teaches a stem (114) that includes an external opening (116) (Figs. 1-3) (“When the suction control port 116 is uncovered, the suction from an external source causes airflow through the suction control port 116 and into the suction tube attached to the suction attachment port 114. Thus, the suction does not interrupt, or has insubstantial impact on, the fluid flow within the stem 104. However, when the suction control port 116 is covered, the suction from the external source causes suction in the stem 104 as well as the brush head 102, for example, to aspirate fluids from the oral cavity.”) [Cindrich; paragraph 0041]. Since Cindrich is in the same field of endeavor as Ito, it therefore would’ve been obvious to one of ordinary skill in the art to modify the stem of Ito with an external opening, as taught by Cindrich, in order to control the suctioning of the oral cavity (“When the suction control port 116 is uncovered, the suction from an external source causes airflow through the suction control port 116 and into the suction tube attached to the suction attachment port 114. Thus, the suction does not interrupt, or has insubstantial impact on, the fluid flow within the stem 104. However, when the suction control port 116 is covered, the suction from the external source causes suction in the stem 104 as well as the brush head 102, for example, to aspirate fluids from the oral cavity.”) [Cindrich; paragraph 0041] (“In order to direct the suction through the stem 104 and the brush head 102, the user can obstruct the suction control port 116 by placing a finger over the suction control port 116.”) [Cindrich; paragraph 0055].
Regarding claims 17 and 18, Ito discloses the method of claim 15, but fails to disclose further comprising selectively controlling the suction by selectively covering an aperture disposed in a wall of the stem, wherein the handle is held in a hand of a user and the step of selectively covering the aperture is performed using a digit of the same hand.
However, Cindrich teaches wherein a handle (106, 108, 110) (“handle portion of the oral cleaning device 100 includes a suction adapter 106, a supply adapter 108, and a supply reservoir 110”) [Cindrich; paragraph 0036] is held in the hand of a user (implied by the use of the term “handle,” which means a part that is designed especially to be grasped by the hand) and the step of selectively covering an aperture (control port 116) disposed in a wall of a stem (114) is performed using a digit of the hand (“In order to direct the suction through the stem 104 and the brush head 102, the user can obstruct the suction control port 116 by placing a finger over the suction control port 116.”) [Cindrich; paragraph 0055] (“When the suction control port 116 is uncovered, the suction from an external source causes airflow through the suction control port 116 and into the suction tube attached to the suction attachment port 114. Thus, the suction does not interrupt, or has insubstantial impact on, the fluid flow within the stem 104. However, when the suction control port 116 is covered, the suction from the external source causes suction in the stem 104 as well as the brush head 102, for example, to aspirate fluids from the oral cavity.”) [Cindrich; paragraph 0041]. Since Cindrich is in the same field of endeavor as Ito, it therefore would’ve been obvious to one of ordinary skill in the art to modify the stem of Ito with an external opening, as taught by Cindrich, in order to control the suctioning of the oral cavity (“When the suction control port 116 is uncovered, the suction from an external source causes airflow through the suction control port 116 and into the suction tube attached to the suction attachment port 114. Thus, the suction does not interrupt, or has insubstantial impact on, the fluid flow within the stem 104. However, when the suction control port 116 is covered, the suction from the external source causes suction in the stem 104 as well as the brush head 102, for example, to aspirate fluids from the oral cavity.”) [Cindrich; paragraph 0041] (“In order to direct the suction through the stem 104 and the brush head 102, the user can obstruct the suction control port 116 by placing a finger over the suction control port 116.”) [Cindrich; paragraph 0055].
While Cindrich does not teaching using the digit of the same hand as the hand that holds the handle 106, 108, 110, it would’ve been obvious to use the closest hand to the aperture 116, which would be the handle holding onto the handle 106, 108, 110, out of convenience.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2001037790A) in view of Lee (US-2017/0112603).
Regarding claim 8, Ito discloses the toothbrush system of claim 1, but fails to disclose wherein the handle (holder 2) further includes a lighting element configured to illuminate an area proximate to the bristle array.
However, Lee (US-2017/0112603) teaches a lighting element configured to illuminate an area proximate to the bristle array (“[A] light emitting part 126 may be disposed at a portion where the handle portion 130 and the head portion 120 of the toothbrush rod 110 meet. The light emitting part 126 may emit light toward an inside of the head portion 120[.]”) [Lee; paragraph 0037]. Since Lee is in the same field of endeavor and teaches the benefit of adding a light to a device such as Ito’s, it therefore would’ve been obvious to one of ordinary skill in the art to modify Ito to include a light element configured to illuminate, as taught by Lee, in order better see the oral cavity during use (“That is, the head portion 120 formed with a transparent material may serve similarly as an optical fiber and allow light to be radiated out to the oral cavity such that the oral cavity may be easily observed and attention of an infant or a child may be drawn out or an interest may be aroused during the process of brushing teeth.”) [Lee; paragraph 0037].
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2001037790A) in view of Barkhordar (US-20120288320).
Regarding claim 19, Ito discloses the method of claim 15, but fails to disclose wherein actuating motion of the bristle array includes pressing a button on the handle.
However, Barkhordar (US-20120288320) teaches actuating motion of the bristle array includes pressing a button (on/off button or switch 111) on the handle (“In another embodiment, the toothbrush can have an on/off button or switch 111. In yet another embodiment, the toothbrush can have a button or switch 112 that allows the user to select whether to run the toothbrush manually or electrically.”) [Barkhordar; paragraph 0025]. Since buttons are well-known for actuating the motor of a toothbrush, as taught by Barkhordar, it therefore would’ve been obvious to one of ordinary skill in the art to actuate the motor of Ito with a button as taught by Barkhordar in order to easily actuate the motor of Ito [Barkhordar; paragraph 0025].
Regarding claim 20, Ito discloses the method of claim 15, wherein the suction port (end of suction passage 1B at brush 10A) is disposed adjacent the bristle array (brush 10A) on a same side of the shaft (14) (Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure US-6129547, 5653591, 5554026, and US-5145367 are pertinent to claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL DILLON CRANDALL whose telephone number is (571)270-5947. The examiner can normally be reached Mon - Fri 8:30 - 5:30.
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/JOEL D CRANDALL/Examiner, Art Unit 3723