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 .
Status of Claims
There are three sets of claims dated 3 August 2026. Based on the applicant’s remarks, it appears that the set of claims including amendments to the claims is the current set of claims that is pending. Claims 1 and 3-10 are currently pending, claim 2 has been canceled.
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 toothbrush head includes a pair of first openings that expose the first and second ends of the first electrode and a pair of second openings that expose the first and second ends of the second electrode (claim 2) must be shown or the feature(s) canceled from the claim(s). Figure 9 shows a single first opening 117a and a single second opening 117b, there is not a pair of first or second openings that expose both first and second ends of the first and second electrodes. No new matter should be entered.
In the applicant’s remarks of 3 August 2026, the Applicant noted that there are replacement drawings to address these issues. However, there do not appear to be any replacement drawings submitted.
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 § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wainless et al., US 2018/0368566 in view of Fontenot et al., US 2008/0199830.
Regarding claim 1, Wainless et al. disclose an electric toothbrush for pets (100, capable for use with pets) comprising: a head part (110) including at least one electrode (210, 220) that receives a driving signal and generates an electric field corresponding to the driving signal (driving signal from electric power source 150 and generates an electric field, paragraphs [0059]-[0060]), and a toothbrush head on which at least one electrode is disposed (see all embodiments, in particular embodiment of Figures 1-5); bristles coupled to the toothbrush head (101) and including at least one opening that exposes a portion of the at least one electrode (openings at 211 and 221, see Figure 4A and paragraph [0070]); a handle part connected to the head part and formed in a shape that may be held by a user (120, see shape in Figures 1-3); and a signal supply module provided in the handle part (at 150) and configured to generate the driving signal by supplying the driving signal to the at least one electrode (power source 150 is capable and configured to use AC or DC power signals, as the power source 150 may include a battery, solar panel, or power cord to plug to a wall, or residual power, see paragraph [0058]; household current is AC power, battery, solar panel include DC power); wherein the at least one electrode includes a first electrode (210) and a second electrode (220) disposed to be spaced apart from each other (Figures 4A-4B) and each having a first end and a second end located in opposite directions (ends of 210, 220; see Figures 4A-4B), and wherein the toothbrush head includes a pair of first openings that expose first and second ends of the first electrode (two of the openings at 211, see marked up Figure 4A below and paragraph [0070]) and a pair of second openings that expose the first and second ends of the second electrode (two of the openings at 221, see marked up Figure 4A below and paragraph [0070]). Wainless et al. fail to specifically disclose that the signal supply module is configured to generate the driving signal by mixing an AC signal and a DC signal.
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Fontenot et al. disclose an electric toothbrush for pets (1000, Figure 10, capable for use with pets) comprising: a head part (unlabeled, toothbrush part that includes bristles 1015 in Figure 10) including at least one electrode (bristles 1015 are electrodes, paragraph [0059]) that receives a driving signal and generates an electric field corresponding to the driving signal (driving signal delivered from an applied voltage from control circuit 1010, see paragraphs [0059]-[0060], [0062]), and a toothbrush head on which at least one electrode is disposed (unlabeled, where bristles 1015 extend in Figure 10); bristles coupled to the toothbrush head (1015) and including at least one opening that exposes a portion of the at least one electrode (openings within 1120 that expose 1110, Figure 11); a handle part connected to the head part and formed in a shape that may be held by a user (lower part of toothbrush 1000, Figure 10; includes 1010, 1020 and 1005). Further regarding claim 1, Fontenot et al. teach a signal supply module provided in the handle part (1010, Figure 10) that is configured to generate the driving signal by mixing an AC signal and a DC signal to supply the driving signal to the at least one electrode (power supply may apply AC with a DC offset; paragraphs to effectively treat users teeth and oral cavity [0051]-[0056] and [0062]-[0063]). Regarding claim 7, there is a controller configured to control the signal supply module to change at least one of the characteristics of the driving signal under a user’s control (within 1010, a user can change the settings as necessary, paragraph [0063]). Regarding claim 8, the characteristics of the driving signal include an amplitude and a DC offset (paragraphs [0063] and [0051]-[0052]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power signal supply module of Wainless et al. for one that is configured to generate the driving signal by mixing an AC signal and a DC signal to supply the driving signal to the electrodes, as taught by Fontenot et al., in order to provide a driving signal to the electrodes that is effective in specifically treating conditions within a user’s oral cavity.
Allowable Subject Matter
Claims 9-10 are allowed.
Claims 3-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art made of record discloses, teaches, or suggests the invention of claims 3-6 and 9-10. None of the prior art made of record, including Wainless et al., discloses that there is a head cover closing a distal end of the head body, a fixture in which a pair of fixing grooves for fixing positions of the first connection line and the second connection line are formed, wherein the fixture is located between the toothbrush head and the head cover as required in claim 3. None of the prior art made of record discloses, teaches or suggests or that the signal supply module includes a DC-DC converter, a signal generator that generates the AC signal using the output voltage of the DC-DC converter, a filter that performs a filtering operation of the AC signal, and a calibrator that generates the driving signal by mixing the DC signal with the AC signal supplied through the filter as required in claim 9.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cho et al., US 2016/0338814 disclose an electric toothbrush for pets (200, capable for use with pets) comprising: a head part (unlabeled, toothbrush part that includes toothbrush strands 140, see Figure 2B for example) including at least one electrode (210, 220) that receives a driving signal and generates an electric field corresponding to the driving signal (driving signal from electric power source of household power outlet and battery type, paragraph [0041] and generates an electric field, paragraphs [0061]-[0062]), and a toothbrush head on which at least one electrode is disposed (unlabeled, toothbrush head is where bristle strands 140 extend in Figures 2A-3B); bristles coupled to the toothbrush head (140) and exposed portions of the at least one electrode (at 213, 214; see Figures 3A-3B), wherein there are first and second electrodes (210, 220). Cho et al. also include a DC/AC converter (paragraph [0078]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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