DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/16/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-2, 5-12, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hogan in view of Jungnickel US 2019/0200740 and Anelevitz US 20160157598 A1 and Barbaro US 20070220754 A1 and Andersson WO 2023285438 A1.
Re claims 1, 15, Hogan discloses a magnetic personal care guide (figs. 1-2, 4-5, 8-9) for guiding a user through a personal care routine and being adapted for releasably holding a personal care implement 4 comprising a section 3 at least partially made from a magnetic and/or ferromagnetic material 510, the magnetic personal guide comprising:
(i) a guidance tool, the guidance tool (figs. 4, 9) being activated by detaching the personal care implement 4 from the magnetic personal care guide; and
(ii) a low-power display 495 providing a signal guiding the user through the personal care routine when the guidance tool is activated.
Hogan does not disclose wherein the magnetic personal care guide has the form of a flat disk, attachable to a wall; wherein the detachment of the personal care implement is recognized by an energy saving Reed contact sensor opening and closing and electrical circuit by applying an electromagnetic field; and an electro-chrome display based on organic electrochromic polymers.
Jungnickel teaches a flat disk attachable to a wall [¶35, “the magnetic holder may have the form of a flat disk attachable to a wall”].
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 flat disk attachable to a wall of Jungnickel with the guiding tool of Hogan, in order to yield the predictable result of a magnetic personal guide attachable to a wall that allows for hygienic storage of the oral care implement, by draining off toothpaste slurry and saliva from the brush ¶34.
Anelevitz and Barbaro teach wherein the detachment of the personal care implement is recognized by an energy saving Reed contact sensor opening and closing and electrical circuit by applying an electromagnetic field [¶17 of Anelevitz, ¶42 of Barbaro].
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 a Reed sensor as taught by Anelevitz, and Barbaro, with the guidance tool of Hogan, in order to yield the predictable result of using an inexpensive, and reliable sensor. [¶42 of Barabaro].
Andersson teaches an electrochromic display based on organic polymer [Abstract]. Andersson is analogous art to the claimed invention as it is reasonably pertinent to the problem faced by the inventor of a low-powered display for the guidance tool [“[o]rganic electrochromic displays are low-powered and can be printed on a flexible substrate, making possible a wide range of applications, including smart labels, medical devices, and sensor panels”]. MPEP 2141.01(a).
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 low-powered display based on electrochromic organic polymers taught by Andersson with the combination of Hogan, in order to yield the predictable result of utilizing a display that cost-effective, sealed, and easy to clean [“[i]n many applications, an interface with the user is provided by membrane switches. These are cost-effective and provide some benefits such as being sealed, giving potential resistance to elements and ease of cleaning”].
Re claim 2, Hogan further discloses wherein the guide further comprises an energy source for powering the guide [battery operated, “apparatus of FIG. 7 may be suitably battery powered (e.g., two to four "AA" batteries or the like) to eliminate the need for bulky electrical cords and associated dangers thereof in the bath”].
Re claim 5, Hogan further discloses wherein the guide comprises a printed circuit board assembly comprising a [microcontroller, fig. 9].
Re claim 6, Hogan further discloses wherein the guide comprises means 11 for detecting the presence of the personal care implement (fig. 2).
Re claim 7, Hogan further discloses wherein the means 11 are selected from the following: Hall sensor, Reed contact sensor, switch, light sensor, proximity sensor, stress-strain gauge, RFID tag, microswitch and/or a movable magnet exhibiting a signal detectable by a microcontroller [“other forms of switching devices may be utilized. For example a lever switch, photoelectric, magnetic (e.g., reed switch, Hall effect, or other type of proximity switch), inductive, or other type of switch may be used to provide a waterproof and reliable connection”]
Re claim 8, Hogan further discloses wherein the guide further comprises a real time module for controlling and monitoring time [495, fig. 9].
Re claim 9, Hogan further discloses wherein the guide comprises means providing an acoustic and/or haptic signal 414.
Re claim 10, Hogan further discloses wherein the guide further comprises at least one switch [409-412] for customizing the signal provided by the guide.
Re claim 11, Hogan further discloses wherein the guide further comprises a timer 906, the timer starting to run by activating the guidance tool.
Re claim 12, Hogan further discloses wherein the guide provides a signal to the user after a pre-defined period of time after the guidance tool has been activated [905, fig. 9].
Re claim 14, Hogan further discloses wherein the guide comprises a reward system 909, the reward system providing feedback to the use after a pre-defined period of time [after the start message 905 and timer 906].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hogan in view of Jungnickel US 2019/0200740 and Anelevitz US 20160157598 A1 and Barbaro US 20070220754 A1 and Andersson WO 2023285438 A1 and in further view of Vidaver US 20140263877 A1
Re claim 4, the combination of Hogan teach the invention as discussed above for claim 1 but fail to teach wherein the guide has a surface at least partially covered with a TPE layer to enhance friction between the personal care implement and the guide.
Vidaver teaches a holder made of TPE ¶31.
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 TPE holder of Vidaver with the guide of Hogan in order to yield the predictable result of utilizing a stretchable and flexible injection molding material.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hogan in view of Jungnickel US 2019/0200740 and Anelevitz US 20160157598 A1 and Barbaro US 20070220754 A1 and Andersson WO 2023285438 A1 and in further view of Ortins EP 2427138 B1.
Re claim 13, the combination of Hogan teach the invention as discussed above for claim 1 but fail to teach wherein the guide comprises exchange reminder means reminding a user to exchange at least a part of 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 Hogan 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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C. A. R.
Primary Patent Examiner
Art Unit 3723
/C. A. RIVERA/Primary Patent Examiner, Art Unit 3723
Prosecution Insights