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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the brush" in line 5. There is insufficient antecedent basis for this limitation in the claim. Applicant’s may amend to “the toothbrush”.
Claim 13 recites in line 7 “a sensor”; this a double recitation and it is unclear whether this is the same “a sensor” recited in line 2 of the claim. The metes and bounds of the claim are unclear.
Claims 14-18 are indefinite by virtue of their dependence on claim 13.
Claim Rejections - 35 USC § 102
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) 1-6, 8, 10-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Subhash et al. (US 2021/0393026 A1) hereinafter Subash.
Regarding claim 1, Subhash teaches a method of machine learning of tooth brushing (paras. 0005, 0011-0015) comprising:
receiving data (paras. 0005-0015 associated with tooth brushing from a sensor (191, 193, 195, 169, 171) included in a toothbrush (Figs. 1-7);
determining a tooth brushing habit of a person based, at least in part, on the received data (paras. 0005-0015);
comparing the determined tooth brushing habit with a recommended habit; and providing guidance to the person based, at least in part, on the comparison (paras 0198).
Regarding claim 2, Subhash teaches all the claimed limitations as stated above in claim 1. Subash further teaches receiving the data comprises receiving orientation data from a gyroscope device (195; 299, 385, 443) (Figs. 4, 7, 10 and 12; para. 0086).
Regarding claim 3, Subhash teaches all the claimed limitations as stated above in claim 1. Subhash further teaches receiving the data comprises receiving motion data from an accelerometer device (191, 295, 381, 439) (Figs. 4, 7, 10 and 12; para. 0086).
Regarding claim 4, Subhash teaches all the claimed limitations as stated above in claim 1. Subhash further teaches receiving the data comprises receiving image data from an image capture device (169, 281, 363, 437) (Figs. 4, 7, 10 and 12; para. 0086).
Regarding claim 5, Subhash teaches all the claimed limitations as stated above in claim 4. Subhash further teaches receiving the image data comprises receiving contour data from the image capture device (para. 0074).
Regarding claim 6, Subhash teaches all the claimed limitations as stated above in claim 4. Subhash further teaches receiving the image data comprises receiving close up image from a macro lens device (CCD camera, CMOS camera; para. 0074).
Regarding claim 8, Subhash teaches all the claimed limitations as stated above in claim 1. Subhash further teaches receiving spectral imaging data from a spectral imaging device (para. 0074).
Regarding claim 10, Subhash teaches all the claimed limitations as stated above in claim 1. Subhash further teaches providing the guidance comprises transmitting the guidance to a remote device (165) (para. 0198).
Regarding claim 11, Subash teaches all the claimed limitations as stated above in claim 10. Subhash further teaches providing the guidance comprises wirelessly transmitting the guidance (para. 0198).
Regarding claim 12, Subhash teaches all the claimed limitations as stated above in claim 1. Subhash further teaches transmitting to the remote device comprises transmitting the guidance to a mobile phone (para. 0198).
Regarding claim 13, Subhash teaches a toothbrush (103) (Fig. 2) configured to machine learn tooth brushing comprising:
a sensor (191, 193, 195, 169, 171) (Fig. 4; para. 0076);
a communication medium (para. 0085; Fig. 4);
a processor (165) (Fig. 4; para. 0076);
a toothbrush learning machine (Fig. 4); the brush learning machine module when executed by the processor configured to:
receiving data (paras. 0005-0015 associated with tooth brushing from a sensor (169, 171) included in a toothbrush (Figs. 1-7);
determining a tooth brushing habit of a person based, at least in part, on the received data (paras. 0005-0015);
comparing the determined tooth brushing habit with a recommended habit; and providing guidance to the person based, at least in part, on the comparison (paras 0198).
Regarding claim 14, Subhash teaches all the claimed limitations as stated above in claim 13. Subhash further teaches the sensor comprises an image capture device (169, 281, 363, 437) (Figs. 4, 7, 10 and 12; para. 0086).
Regarding claim 15, Subhash teaches all the claimed limitations as stated above in claim 13. Subhash further teaches the sensor comprises a gyroscope device (195; 299, 385, 443) (Figs. 4, 7, 10 and 12; para. 0086).
Regarding claim 16, Subhash teaches all the claimed limitations as stated above in claim 13. Subhash further teaches the sensor comprises an accelerometer device (191, 295, 381, 439) (Figs. 4, 7, 10 and 12; para. 0086).
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) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Subhash in view of Dreier et (US 2021/0369431 A1) hereinafter Dreier.
Subhash teaches all the claimed limitations as stated above in claim 13 but does not explicitly state:
receiving the data comprises receiving ultrasound image with an ultrasound device;
the sensor comprises an ultrasound device.
However, Dreier in the same filed teaches a method comprising receiving data from a sensor (6) (para. 0074; Fig. 6A-6B) configured to take “ultrasound image of teeth 12 ang gum 12g using software to analyze and detect bacterial plaque” (para. 0078). Here is the teaching that it is well known to use ultrasound device in the art of oral care.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Subhash such that receiving the data the data comprises receiving ultrasound image with an ultrasound device or configure the sensor such that it comprises an ultrasound device as taught by Dreier in order to ““ultrasound image of teeth 12 ang gum 12g using software to analyze and detect bacterial plaque” (Dreier; para. 0078).
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Subhash in view of Greene et al. (US 2009/0102296 A1) hereinafter Greene.
Subhash teaches all the claimed limitations as stated above in claim 13 but does not specifically teach:
receiving the data comprises receiving metallic data from a metal detector device;
the sensor comprises a metal detector device.
However, Greene, teaches a system for use in toothbrushing comprises a sensor 32 (Fig. 89; para. 0128), the sensor being a metal detector for detecting metal piece. Here is the teaching that it is well known in the art of oral care for using a sensor comprising a metal detector.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Subhash such that receiving the data comprises receiving metallic data from a metal detector device or configure the sensor such that it comprises a metal detector device as taught by Greene in order detect metallic implants in the person mouth.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0235859 A1 discloses a toothbrush configured to machine learn tooth brushing comprising receiving data from a sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAXIME M ADJAGBE whose telephone number is (571)272-4920. The examiner can normally be reached M-F: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL E WIEHE can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAXIME M ADJAGBE/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745