FINAL 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 .
Response to Arguments
Applicant's arguments filed 9/30/2025 have been fully considered but they are not persuasive.
Applicant argues that "counting the number of detachments of the personal care implement (10) is activated after the pre-defined time period after the personal care implement (10) is detached from the magnetic guide (100)" is not disclosed or otherwise suggested by the references. Applicant states the method disclosed in Robinson includes and extra time interval prior to the recommended brushing time interval to allow a user sufficient time to apply toothpaste to the toothbrush and does not teach a guidance tool counting the number of detachments of the personal care implement (10), wherein counting the number of detachments of the personal care implement (10) is activated after the pre-defined time period after the personal care implement (10) is detached from the magnetic guide (100) as claimed in claims 1 and 15 as amended per this response.
In response, the Examiner notes that Applicant did not actually disclosed, in the specification, any activation of counting the number of detachments after the same pre-defined time period used between detachment and re-attachment (i.e., prior to brushing) as it is currently claimed.
wherein the guidance tool (110) comprises a timer tracking the time between detachment and re-attachment of the personal care implement (10), wherein the guidance tool (110) is activated after a pre-defined time period after the personal care implement (10) is detached from the magnetic guide (100)…wherein counting the number of detachments of the personal care implement (10) is activated after the pre-defined time period after the personal care implement (10) is detached from the magnetic guide (100) (emphasis added)
The specification discloses two pre-defined periods of time. A first period of time prior to brushing, that clearly is between and used for tracking the detachment and re-attachment time:
[0040] For that purpose, the guide may comprise a timer that can be activated by simply detaching the personal care implement from the magnetic guide. Such timer may be pre-configured so that it is activated after a pre-defined time period after the personal care implement is detached from the magnetic guide. In the following, such pre-defined period of time will be referred to as “initial intro-phase”. In other words, the timer starts after a defined waiting-period, allowing the user to e.g. moisturize the toothbrush, add toothpaste and to turn off the water tap before starting the cleaning process, for example.(emphasis added)
[0041] Such pre-defined time period may be from about 2 seconds to about 20 seconds, or from about 5 seconds to about 15 seconds, or from about 8 seconds to about 12 seconds, or about 10 seconds. If a signal shall be given reminding the user to turn off the water tap, then the pre-defined period may be from about 2 seconds to about 10 seconds, for example. (emphasis added)
and a second different period of time for a long-term timer to remind the user to change the implement:
[0044] The guidance tool may comprise a head exchange reminder function reminding a user to exchange the head of the personal care implement or the overall personal care implement after a pre-defined period of time. The guidance tool may comprise further reminder functionalities reminding a user to perform a certain action, e.g. to floss the teeth, rinse the mouth, or exchange a shaving cartridge. Compliance in performing such actions can be tracked and stored by the magnetic guide. These data which can be accumulated over a pre-selected period of time can then be analyzed to provide further guidance to the user. (emphasis added)
There is no evidence that the timer used prior to brushing and the timer used for changing the implement are the same. For this reason, a new matter rejection has been added to this Office action.
Moreover, in response to applicant's arguments against the Robinson individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Robinson teaches the use of a pre-defined time period to allow a user to apply toothpaste. It follows from the teachings of at least Schmid, Hogan, and Robinson, as discussed in the rejections below, that a timer that counts the number of brushing occurrences would use the same pre-timer of either Hogan or Robinson, to count the times that the brush was actually used and not only when it was detached.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, 8-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation of “wherein counting the number of detachments of the personal care implement is activated after the pre-defined time period after the personal care implement is detached from the magnetic guide” (emphasis added) was not described in the specification. The specification clearly described two pre-defined periods of time. A first period of time prior to brushing [¶¶ 40-41, “such pre-defined period of time will be referred to as “initial intro-phase”. In other words, the timer starts after a defined waiting-period, allowing the user to e.g. moisturize the toothbrush, add toothpaste and to turn off the water tap before starting the cleaning process, for example”], and a second period of time for a long-term timer to remind the user to change the implement [¶44, “[t]he guidance tool may comprise a head exchange reminder function reminding a user to exchange the head of the personal care implement or the overall personal care implement after a pre-defined period of time.”]. There is no evidence that the timer used prior to brushing and the timer used for changing the implement are the same. Therefore, the claims have been rejected as new matter.
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, 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Schmid US 2013/0125326 A1 in view of Hogan US 5,864,288 and Robinson US 6,606,755 and Barbaro US 2007/0220754.
Re claims 1, 8-9, 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 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; wherein the guidance tool comprises means for counting the number of detachments of the personal care implement; and wherein counting the number of detachments of the personal care implement is activated after the pre-defined time period after the personal care implement is detached from the magnetic guide.
Schmid teaches providing the cleaning time [¶24, “[t]he nature of such information can vary; for example, it can provide … the amount of cleaning time that has already elapsed”]. Hogan teaches a system (figs. 1-2) wherein a guidance tool (figs. 4, 9) comprises a timer 906 tracking the time between detachment and re-attachment of the personal care implement (fig. 9), and wherein the guidance tool is activated after a pre- defined time period [message 905 comes first in the process] after the personal care implement is detached from the magnetic guide.
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.
The only difference between the claimed invention and the prior art is that the prior art does not incorporate the pre-defined time period and the tracking and storing data into a single combined apparatus. A person of ordinary skill in the art would have had the technological capabilities to incorporate both the pre-determined time period of Hogan and Robinson, and the tracking and storing system of Schmid into a combined apparatus before the effective filing date of the claimed invention. No inventive effort would have been required because the resulting combined apparatus would yield the predictable results of tracking the actual time of brushing. All elements would be expected to work as intended, with each element in the combined apparatus performing the same function as it did separately and no new functionality would arise from the combination.
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 timer and pre-timer of Hogan and Robinson, with the system of Schmid, in order to yield the predictable result of clocking the actual time of brushing.
Further, Barbaro teaches a system wherein a guidance tool 130 (figs. 8-9) comprises means 138a for counting the number of detachments of the personal care implement.
As discussed above, Hogan teaches wherein the guidance tool is activated after a pre- defined time period [message 905 comes first in the process] after the personal care implement is detached from the magnetic guide and 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. It is noted that Applicant did not describe the activating of the counting the number of detachments after the pre-defined time period prior to brushing. (see 112a rejection above).
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 means for counting and reminder function of Barbaro, and, to use a pre-defined time period, as taught by Hogan and Robinson, with the system of Schmid, in order to yield the predictable result of reminding the user when to change the toothbrush, while activating the means for counting after the brushing pre-defined timer so that the counter counts only when the toothbrush has been actually used.
Re claim 3, Schmid further discloses wherein the magnetic guide comprises a real time module for controlling and monitoring time (fig. 2).
Re claims 8-9, Schmid, Hogan, Robinson, and Barbaro teach the invention as discussed above for claim 1. 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.”].
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 over Schmid US 2013/0125326 A1 in view of Hogan US 5,864,288 and Robinson US 6,606,755 and Barbaro US 2007/0220754 and in further view of Ortins EP 2427138 B1
Re claim 7, Schmid, Hogan, Robinson, and Barbaro 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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