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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/14/2026 has been entered.
Response to Arguments
Applicant's arguments filed 8/14/2026 have been fully considered but they are not persuasive.
Applicant argues that the Examiner relies on disparate elements serving different purposes and operating under different conditions, and the conclusion of obviousness is based upon improper hindsight reasoning. The Examiner understands that there are differences between the prior art and the claimed invention, however, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). All the elements in the prior art were known and work as intended, with no new unpredictable result from the combination. Applicant has not evidenced how the combination of elements claimed, achieve a new, non-obvious, patentable result.
However, in an effort to further prosecution, the Examiner has made new grounds of rejection relying on new prior art Kwon 20190112889. Kwon teaches the two requirements argued by Applicant, 1) a timer tracking, and 2) a means for counting in a single guidance tool.
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.
Claims 1, 3, 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Schmid US 2013/0125326 A1 in view of Kwon KR 20190112889 A and Robinson US 6,606,755.
Re claims 1, 15, Schmid discloses a system 1 (fig. 1) for tracking and storing data associated with a personal care routine, the system comprising:
a personal care implement 2 comprising a section at least partially made from a magnetic and/or ferromagnetic material 11 (¶102), and
a magnetic guide 7 to which the personal care implement 2 is magnetically attachable and detachable, wherein the magnetic guide comprises a guidance tool 13, the guidance tool being activated to track and store data by detaching the personal care implement from the magnetic guide (¶28, 60).
Schmid discloses a magnetic guide 7 being adapted for releasably holding a personal care implement 2 comprising a section at least partially made from a magnetic and/or ferromagnetic material 11, the magnetic guide comprises a guidance tool 13, the guidance tool being activated to track and store data associated with a personal care routine by detaching the personal care implement from the magnetic guide (¶28, 60).
Schmid discloses timer tracking [¶24, “[t]he nature of such information can vary; for example, it can provide … the amount of cleaning time that has already elapsed”].
Schmid does not disclose wherein the guidance tool comprises a timer tracking the time between detachment and re-attachment of the personal care implement; wherein the guidance tool is activated after a pre- defined time period after the personal care implement is detached from the magnetic guide; and wherein the guidance tool comprises means for counting the number of detachments of the personal care implement.
Kwon teaches a toothbrush system comprising a guide tool 10 [figs. 4-5] with a timer 140 tracking the time between detachment and re-attachment of the personal care implement [“the timer 140 further includes a detection sensor 141 for detecting that the toothbrush 20 is separated from the toothbrush holder 200”], and means 150 for counting the number of detachments of the personal care implement [“the comb body 100 is basically configured to include a comb teeth 110, a hook hole 120, and further comprises an attachment means 130, a timer 140, a counter 150”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine timer and counter to the system of Schmid in order to yield the predictable result of managing both the recommended brushing time [“allow the user to check his brushing time through the timer 140 to fill the recommended brushing time”] and the number of times of brushing.
Robinson teaches a timed toothbrush with a predetermined time interval to allow a user sufficient time to apply toothpaste to the toothbrush [col. 2, ll. 33-35] and which provides time to make sure the toothbrush is actually used.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pre-timer of Robinson, with the system of Schmid, in order to yield the predictable result of clocking the actual time of brushing.
Re claim 3, Schmid further discloses wherein the magnetic guide comprises a real time module for controlling and monitoring time (fig. 2).
Re claim 10, Schmid further discloses wherein the guidance tool comprises a reward function [at least the interactive representations, Abstract], the reward function providing feedback and/or guidance to the use after a pre-defined period of time [when the toothbrush is detached].
Re claim 11, Schmid further discloses herein the guidance tool provides feedback and/or guidance to the user by means of a visual, haptic and/or acoustic signal (figs. 1-2).
Re claim 12, Schmid further discloses wherein the magnetic guide comprises means 21 for customizing the guidance tool.
Re claim 13, Schmid further discloses wherein the magnetic guide comprises a low-power display [LCD Screen ¶53].
Re claim 14, Schmid further discloses wherein the guidance tool comprises a printed circuit board assembly comprising a microcontroller, and/or the magnetic guide comprises means for detecting the presence of the personal care implement [microcontroller, ¶25].
Claim 7 are rejected under 35 U.S.C. 103 as being unpatentable Schmid US 2013/0125326 A1 in view of Kwon KR 20190112889 A1 and Robinson US 6,606,755 and in further view of Ortins EP 2427138 B1.
Re claim 7, Schmid, Kwon, and Robinson teach the invention as discussed above for claim 1 but fail to teach wherein the guidance tool comprises a reminder function reminding a user to exchange the personal care implement after a pre-defined period of time.
However, Ortins teaches a guidance tool (fig. 1) comprising a reminder function reminding a user to exchange the personal care implement after a pre-defined period of time [“data stored by the RFID tag or other data transmitters/communicators can be quite varied, including any personal care information. Some of the categories of data includes product identification data (e.g., the brand name or product name) and product usage or regimen data (e.g., usage time, such as 1 minute regimen for a rinse, text or graphical instructions concerning product usage), one or more rewards, and component or product replacement data (e.g., number of times or length of time that a component or product can be used before it should be replaced)”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the reminder function of Ortins with the system of Schmid in order to yield the predictable result of reminding the user when to change the toothbrush.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Schmid US 2013/0125326 A1 in view of Kwon KR 20190112889 A1 and Robinson US 6,606,755 and in further view of Barbaro US 2007/0220754.
Re claims 8-9, Schmid, Kwon and Robinson teach the invention as discussed above for claim 1 but fail to teach wherein the guidance tool comprises a reminder function reminding a user to exchange the personal care implement after a pre-defined number of detachments of the personal care implement from the magnetic guide has been reached.
Barbaro further teaches wherein the guidance tool comprises a reminder function reminding a user to exchange the personal care implement after a pre-defined number of detachments of the personal care implement from the magnetic guide has been reached [¶15, “[t]he present invention provides a reminder and counter for…., a tooth brush or power toothbrush head that has a finite life.”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the reminder function of Barbara with Schmid, in order to yield the predictable result of reminding the user when to change the toothbrush.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos A. Rivera whose telephone number is (571)270-5697. The examiner can normally be reached 9AM -4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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C. A. R.
Primary Patent Examiner
Art Unit 3723
/C. A. RIVERA/ Primary Patent Examiner, Art Unit 3723
Prosecution Insights