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 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.
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 § 102
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 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 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fontenot et al., US 2008/0199830.
Regarding claim 1, 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); and a signal supply module provided in the handle part (1010, Figure 10) and 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 [0062]-[0063], [0051], [0055]). 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]).
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) 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levi, KR 10-2019-0018618 in view of Kim, KR 10-1834665 (each reference cited by applicant, see English translations).
Regarding claim 1, Levi discloses an electric toothbrush for pets (1, Figure 1, capable for use with pets) comprising: a head part (unlabeled, 10, 11, 12 in Figure 1; alternatively head part shown in Figure 5) including at least one electrode (32, 33) that receives a driving signal and generates an electric field corresponding to the driving signal (see English translation of Description of Embodiments, electrodes receive current from a source 53), and a toothbrush head on which at least one electrode is disposed (30); bristles coupled to the toothbrush head (31) and including at least one opening that exposes a portion of the at least one electrode (unlabeled openings where electrodes 32 and 33 are mounted); a handle part connected to the head part and formed in a shape that may be held by a user (50, Figure 1); and a signal supply module provided in the handle part (57) and configured to generate the driving signal (see English translation of Description of Embodiments that describes the current source 57 able to provide a current). 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 (via control buttons 55, see English translation).
Levi fails to disclose that the signal supply module 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.
Kim teaches an apparatus for removing plaque in the oral cavity (see English translation of Abstract), the apparatus includes a housing (110, Figure 1a) having electrodes (130) to receive voltage from a voltage supply portion (140) that generate a driving signal so that the electrodes can reduce the plaque in a user’s oral cavity (see English translation, the driving signal is current form the voltage supply). Regarding claim 1, the signal supply module (140) 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 in order to amplify the amount of plaque to be removed by the electrodes (see English translation, “The voltage supply unit 140 may be configured to apply the AC voltage and the DC voltage…together. When the voltage supply unit 140 applies the AC voltage and the DC voltage…for a certain period of time, the removal of the plaque can be amplified.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the signal supply module of Levi 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 at least one electrode, as taught by Kim, in order to enhance and amplify the electrodes to better remove plaque and bacteria from a user’s oral cavity.
Allowable Subject Matter
Claims 2-6 and 9-10 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 2-6 and 9-10. Levi (KR 10-2019-0018618) discloses that the at least one electrode includes a first electrode and a second electrode disposed to be spaced apart from each other and each having a first end and a second end located in opposite directions (one of each of 32 and 33, see Figure 5), but does not teach 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. Instead, Levi teaches a single opening that exposes the first and second ends of the first electrode and another single opening that exposes the first and second ends of the second electrode (Figure 5). None of the prior art made of record discloses the pair of first openings and pair of second openings as required in claim 2 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 quired in claim 9.
Doll et al., US 9,009,901 is cited as disclosing an electric toothbrush for pets (120, capable for use with pets) comprising: a head part (at 126, Figure 2; also 126’, 126”, 126’’’ in Figures 4A-4D) including at least one electrode (106; 106a, 106b, 106c) that receives a driving signal and generates an electric field corresponding to the driving signal (electrode 106 receives current or a micro-current and then generates an electric field as a result, see column 6 lines 31-41, column 7 lines 49-64, column 9 lines 18-26, column 10 lines 15-60), and a toothbrush head on which at least one electrode is disposed (129, see Figures 2 and 4A-4D); bristles coupled to the toothbrush head (127) and including at least one opening that exposes a portion of the at least one electrode (openings between the bristles 127, alternatively where 106a is exposed in Figures 4A and 4C, or 106c in Figure 4D); a handle part connected to the head part and formed in a shape that may be held by a user (104, Figure 2); and a signal supply module provided in the handle part (102, 104). Doll et al. does not disclose that it 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.
KR 102195771 B1 to Kim (same inventor, publication date 2020-12-28 and not available as prior art under 102(b)(1)(A), see MPEP 2153.01) is cited as being relevant to the present application. US 2023/0210647, US 12,433,395, US 2023/0225840, US 2023/0240439, US 2023/0404726, US 2024/0000557, and US 12,453,409 are all to Kim (same inventor) and are relevant to the present application.
Conclusion
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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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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