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 .
Election/Restrictions
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/16/2026.
Status of Claims
The action is in reply to the Application filed on 02/01/2024. Claims 1-20 are currently pending. Claims 19-20 are withdrawn. Claims 1-18 are being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/01/2024 and 09/16/2024 have been received and considered by the examiner.
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.
Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US Pub. No. 2005/0022323).
Regarding claim 15, Chan discloses: a toothbrush (Figure 49 element 3400 and see also paragraph 0187) comprising:
a handle (elements 3412/3420);
a shaft (elements 3416/3464) having a first end portion (see figure 49 annotated below Detail A) and a second end portion (see figure 49 annotated below Detail B), the first end portion of the shaft coupled to the handle (see figure 49 annotated below via elements 3417/3404) with the second end portion of the shaft extending away from the handle (see figure 49 annotated below showing the second end portion (Detail B) extending away from the handle (elements 3412/3420));
a base (element 3414) supported on the second end portion of the shaft (see figure 49 annotated below), the base defining an orifice (element 3411); and
a cartridge (elements 3470/3480) including a stem (elements 3476/3483) and at least one dental cleaning element (see paragraphs 0189-0190 where the prior art discloses the cartridge (elements 3470/3480) each have a plurality of apertures (elements 3474/3484) “receiving and retaining a plurality of bristles and bristle tufts” (at least one dental cleaning element), the stem releasably securable in snap or press fit engagement with the orifice of the base (see figure 49 and see also paragraph 0150) with the at least one dental cleaning element extending away from the base (see paragraphs 0189-0190 where the prior art discloses the cartridge (elements 3470/3480) each have a plurality of apertures (elements 3474/3484) “receiving and retaining a plurality of bristles and bristle tufts” (at least one dental cleaning element), thus the at least one dental cleaning element (a plurality of bristles and bristle tufts) would necessarily be extending away from the base (element 3314), as evident by figures 34-45) .
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Regarding claim 16, Chan discloses: the toothbrush of claim 15, wherein the shaft defines a longitudinal axis (see figure 49 annotated below X-X axis), and the stem of the cartridge is releasably securable in snap or press fit engagement with orifice of the base via at least movement of the stem of the cartridge parallel to the longitudinal axis in the orifice of the base (see figure 49 annotated above showing the cartridge (elements 3470/3480) having the stem (elements 3476/3483) engaging the orifice (elements 3411 and see also paragraphs 0189-0190) via at least movement of the stem of the cartridge parallel to the longitudinal axis (X-X axis) in the orifice of the base).
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhuan (EP 1509164 B1) in view of Jimenez (US Pub. No. 2007/0050931).
Regarding claim 1, Zhuan discloses: an electric toothbrush (element 10 Figures 1-2/5a-5d, and see also paragraph 0010) comprising:
a handle (element 12) defining a volume (interior space of element 12);
a motor (element 30and see also paragraph 0012) disposed in the volume defined by the handle (see figure 2);
a shaft (elements 18/44) having a first end portion (see figure 2 annotated below Detail A) and a second end portion (see figure 2 annotated below Detail B), the first end portion coupled to the motor in the volume (see figure 2 annotated below), the second end portion extending from the volume of the handle and fluidically isolated from the volume of the handle (see figure 2 annotated below showing portions of the second end portion (Detail B) extending from the volume (interior space of element 12) of the handle (element 12) and being outside the volume of the handle, thus being fluidically isolated) and, with the second end portion fluidically isolated from the volume of the handle, the second end portion releasably engageable in mechanical communication with a cartridge (see figures 5a-5d element 14’) including at least one dental cleaning element (element 22 and see also paragraph 0015).
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However, Zhuan appears to be silent wherein the electric toothbrush comprises a sleeve conforming to an outer surface of the handle and circumscribing at least a portion of the shaft fluidically isolated from the volume of the handle.
Jimenez is also concern in providing an electric toothbrush (Figures 1-12 and see also paragraph 0019) comprising a handle (elements 3/5) defining a volume (interior space of elements 3/5 as best shown in figure 2), a motor (element 2 and see also paragraph 0022) disposed in the volume defined by the handle (see figure 2), and a shaft (element 25) having a first end portion coupled to the motor (see figure 2) and a second end portion coupled operably coupled, via element 8, to a cartridge (element 7) including at least one dental cleaning element (element 9 and see also paragraph 0020). Jimenez further teaches wherein the electric toothbrush comprises a sleeve (element 16 and see also paragraph 0024) conforming to an outer surface of the handle (see figure 4 and see also paragraph 0024) and circumscribing at least a portion of the shaft (See figure 4 annotated below showing the sleeve circumscribing at least a portion of element 6 which is “a neck portion” (see paragraph 0020) and see figure 2 annotated below showing the shaft (element 25) passing through a volume of the neck portion (element 6) of the electric toothbrush. Therefore, the sleeve (element 16) would necessarily have a portion (Detail A) operably circumscribing at least a portion of the shaft, via the combination of element 16 and element 6.).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhuan to incorporate the teachings of Jimenez to provide wherein the electric toothbrush comprises a sleeve conforming to an outer surface of the handle and circumscribing at least a portion of the shaft fluidically isolated from the volume of the handle. The resultant combination would have the sleeve that fits over the brush head portion and handle of Jimenez now fitting over the brush head portion and handle that includes the second end portion extending from the volume of the handle and fluidically isolated from the volume of the handle of Zhuan. One of ordinary skill in the art would recognize that having the toothbrush with a sleeve would necessarily provide increased user comfort by dampening vibration transmissions of the electric toothbrush to the hand of the user as disclosed by Jimenez (see paragraph 0024).
Regarding claim 2, Zhuan modified discloses all the limitations as stated in the rejection of claim 1, but appears to be silent wherein the handle is formed of a first material having a first Shore durometer, at least a portion of the sleeve conforming to the outer surface of the handle is formed of a second material having a second Shore durometer less than the first Shore durometer.
Jimenez is also concern in providing an electric toothbrush (Figures 1-12 and see also paragraph 0019) comprising a handle (elements 3/5) defining a volume (interior space of elements 3/5 as best shown in figure 2), a motor (element 2 and see also paragraph 0022) disposed in the volume defined by the handle (see figure 2), and a shaft (element 25) having a first end portion coupled to the motor (see figure 2) and a second end portion coupled operably coupled, via element 8, to a cartridge (element 7) including at least one dental cleaning element (element 9 and see also paragraph 0020). Jimenez further teaches wherein the handle is formed of a first material (see paragraph 0027 where the prior art discloses a portion of the handle (element 3) can further comprise element 17 which has a first material of “elastomeric material”) having a first Shore durometer (see paragraph 0027 where the prior art discloses “a Shore hardness A value ranging from 20 to 30”), at least a portion of the sleeve conforming to the outer surface of the handle is formed of a second material (see paragraph 0025where the prior art discloses the sleeve (element 16) having “a resilient material” such as “rubber” (second material)) having a second Shore durometer less than the first Shore durometer (See paragraph 0025 where the prior art discloses the sleeve having a “a Shore hardness A value, such as between 20-30”, and as disclosed above a portion of the handle has a first durometer ranging between 20 to 30, thus the prior art discloses a Shore hardness range of 20-30 for both the first and second durometer. Therefore, for illustrative purposes, the examiner selects a shore hardness value of 20 as the second shore durometer of the second material and a shore hardness value of 30 as the first shore durometer of the first material, thus the second Shore durometer would necessarily be less than the first Shore durometer).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhuan to incorporate the teachings of Jimenez to provide wherein the handle is formed of a first material having a first Shore durometer, at least a portion of the sleeve conforming to the outer surface of the handle is formed of a second material having a second Shore durometer less than the first Shore durometer. One of ordinary skill in the art would recognize that having the toothbrush and sleeve with a desired material and shore durometer would necessarily allow the electric toothbrush to continue to function as intended in order to provide an automatic means of cleaning teeth with a sleeve that increases user comfort by dampening vibration transmissions of the electric toothbrush to the hand of the user.
Regarding clam 3, Zhuan modified discloses all the limitations as stated in the rejection of claim 1 and further discloses as modified that the sleeve is constructed from a resilient material including “rubber” (see paragraph 0025 of prior art Jimenez). However, Zhuan modified does not explicitly disclose that the sleeve is formed of at least one liquid silicone rubber.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhuan to provide wherein the sleeve is formed of at least one liquid silicone rubber, since selection of a known material on the basis of its suitability for can intended use involves only routine skill in the art. One of ordinary skill in the art would recognize that providing the sleeve with a known rubber material which is well known in the art to provide excellent water/wear resistance, flexibility and durability, which would necessarily extend the life of the apparatus (See MPEP 2144.07). Lastly, the applicant has placed no criticality on the claimed sleeve being formed of at least one liquid silicone rubber material provides any unexpected result, indicating simply that the sleeve “may be” formed of at least one liquid silicone rubber (see paragraph 0006 of the speciation).
Regarding claim 4, Zhuan modified discloses: the electric toothbrush of claim 1, wherein the sleeve defines a first aperture and a second aperture (see prior art of Jimenez paragraph 0026, where the prior art discloses the sleeve (element 16) having “one or more opened areas or apertures” (element 18) and see also figure 1 annotated below showing a first aperture (Detail A) and a second aperture (Detail B)), the first aperture receiving a portion of the handle (see figures 3 and 4 annotated below of prior art of Jimenez, showing the first aperture (Detail A) receiving a portion (element 17) of the handle) and, with the cartridge releasably securable in mechanical communication with the shaft through the second aperture of the sleeve (see figures 3 and 4 annotated below of prior art of Jimenez, showing the second aperture (Detail B) receiving a portion of element 6 (neck portion) which comprises a shaft, thus as modified, the prior art of Zhuan would necessarily have the cartridge (element 14’) releasably securable in mechanical communication with the shaft (element 44) now residing in the second aperture of the sleeve).
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Regarding claim 5, Zhuan modified discloses all the limitations as stated in the rejection of claims 1 and 4, but appears to be silent wherein the electric toothbrush further comprising a clip on a portion of the sleeve conforming to the outer surface of the handle.
Jimenez is also concern in providing an electric toothbrush (Figures 1-12 and see also paragraph 0019) comprising a handle (elements 3/5) defining a volume (interior space of elements 3/5 as best shown in figure 2), a motor (element 2 and see also paragraph 0022) disposed in the volume defined by the handle (see figure 2), a shaft (element 25) having a first end portion coupled to the motor (see figure 2), a second end portion coupled operably coupled, via element 8, to a cartridge (element 7) including at least one dental cleaning element (element 9 and see also paragraph 0020), and a sleeve (element 16 and see also paragraph 0024). Jimenez further teaches wherein the electric toothbrush further comprising a clip (element 17 and see also paragraph 0027 where the prior art disclose element 17 “can be replaceable and/or interchangeable” on a portion of element 3 (handle)) on a portion of the sleeve (see figure 3 annotated below showing a portion (Detail A) of the sleeve and see figure 4 showing the clip (element 17) covering the portion (Detail A) of the sleeve, this the clip would necessarily by on the portion of the sleeve) conforming to the outer surface of the handle (see figure 1 and see also paragraph 0027).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhuan to incorporate the teachings of Jimenez to provide wherein the electric toothbrush further comprising a clip on a portion of the sleeve conforming to the outer surface of the handle. One of ordinary skill in the art would recognize that providing a clip would necessarily allow the electric toothbrush to continue to function as intended while also providing an additional feature of closing the bottom aperture of sleeve, thus enables, for example, improved gripping of the toothbrush as disclosed by Jimenez (see paragraph 0026).
Regarding claim 6, Zhuan modified discloses: the electric toothbrush of claim 5, wherein the clip covers the first aperture of the sleeve (see figures 3-4 annotated above).
Regarding claim 7, Zhuan modified discloses: the electric toothbrush of claim 1, further comprising a base (element 90) supported on the second end portion of the shaft (see figure 5b showing the base (element 90) supported on the second end portion of a portion (element 18) of the shaft), wherein the second end portion of the shaft is engageable in mechanical communication with the cartridge via at least the base (see figures 5a-5d).
Regarding claim 8, Zhuan modified discloses: the electric toothbrush of claim 7, wherein the base defines an orifice (element 94) circumscribing at least a portion (element 100) of the cartridge in mechanical communication with the second end portion of the shaft (see figure 5a).
Regarding claim 9, Zhuan modified discloses: the electric toothbrush of claim 8, wherein the cartridge is releasably engageable with the second end portion of the shaft within the orifice defined by the base (see figures 5a-5d).
Regarding claim 10, Zhuan modified discloses: the electric toothbrush of claim 8, wherein the cartridge includes a stem (element 100) releasably engageable in snap or press fit engagement with the second end portion of the shaft, the base, or a combination thereof (see paragraph 0022).
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zhuan (EP 1509164 B1) in view of Jimenez (US Pub. No. 20070050931) as applied to claim 1 above, and further in view of Taniguchi (JP2012135376A).
Regarding claim 11, Zhuan modified discloses all the limitations as stated in the rejection of claims 1, 7-8, and 10, and further shows a different means of releasably engaging the cartridge stem into the orifice of the base (see figures 5a-5d). Furthermore, Zhuan modified discloses a plurality of different releasable engagements between the cartridge and base (see figures 3a-3c and 4a-4c), but appears to be silent wherein the cartridge is rotatable to secure the stem in snap or press fit engagement with the second end portion of the shaft, the base, or a combination thereof.
Taniguchi is also concern in providing an electric toothbrush (Figures 1-6 and see also paragraphs 0001/0026) comprising a handle (element 1) defining a volume (see figure 2), a motor housed in the housing (see paragraph 0035), a shaft (elements 21/26/27), a base (see figure 6 annotated below Detail A) defining an orifice (see figure 6 annotated below Detail B), and a cartridge (element 23) including at least one dental cleaning element (element 30) and the cartridge including a stem (see figure 6 annotated below Detail C). Taniguchi further teaches wherein the cartridge is rotatable to secure the stem in snap or press fit engagement with the second end portion of the shaft, the base (see paragraph 0028), or a combination thereof.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the releasable engagement of the cartridge stem into the orifice of the base of Zhuan modified with the releasable engagement connection of Taniguchi to provide wherein the cartridge is rotatable to secure the stem in snap or press fit engagement with the second end portion of the shaft, the base, or a combination thereof, since simple substitution of known elements for another to obtain a predictable results of coupling two different parts. One of ordinary skill in the art would recognize that providing a known connection between the cartridge and base would necessarily provide the predictable result of properly securing both components, thus preventing disassembling and the parts being damaged during operations. (See MPEP 2143.1(B))
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhuan (EP 1509164 B1) in view of Jimenez (US Pub. No. 20070050931) as applied to claim 1 above, and further in view of Bloch (US Pub. No. 2016/0338807).
Regarding claim 12, Zhuan modified discloses all the limitations as stated in the rejection of claim 1, but appears to be silent wherein the electric toothbrush further comprising a printed circuit board assembly (PCBA) disposed in the volume of the handle, the PCBA in electrical communication with the motor, and the PCBA configured to control the motor.
Bloch is also concern in providing an electric toothbrush (Figures 1-11 and see also paragraph 0023) comprising a handle (elements 102) defining a volume (see figure 4), a motor (element 170 and see also paragraph 0026) and at least one dental cleaning element (elements 106). Bloch further teaches wherein the electric toothbrush further comprising a printed circuit board assembly (PCBA) (element 310 and see also paragraph 0053) disposed in the volume of the handle (see figure 4), the PCBA in electrical communication with the motor (see paragraph 0053), and the PCBA configured to control the motor (see paragraph 0061).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhuan to incorporate the teachings of Bloch to provide wherein electric toothbrush further comprising a printed circuit board assembly (PCBA) disposed in the volume of the handle, the PCBA in electrical communication with the motor, and the PCBA configured to control the motor. One of ordinary skill in the art would recognize that providing the electric toothbrush with a PCBA which is well known in the art to be a means to control the motor would necessarily provide an automated means to accurately allow the user to input commands in order to control the motor of the toothbrush during operations, thus increasing accuracy and efficiency.
Regarding claim 13, Zhuan modified discloses all the limitations as stated in the rejection of claims 1 and 12, but appears to be silent wherein the electric toothbrush further comprising at least one capacitive touch sensor disposed in the volume of the handle, wherein the at least one capacitive touch sensor is in electrical communication with the PCBA, and the PCBA is further configured to receive a first user input from the at least one capacitive touch sensor and to control the motor based on the first user input received from the at least one capacitive touch sensor.
Bloch is also concern in providing an electric toothbrush (Figures 1-11 and see also paragraph 0023) comprising a handle (elements 102) defining a volume (see figure 4), a motor (element 170 and see also paragraph 0026), at least one dental cleaning element (elements 106) and a printed circuit board assembly (PCBA) (element 310 and see also paragraph 0053). Bloch further teaches wherein the electric toothbrush further comprising at least one capacitive touch sensor (elements 320a-c/330a-c and see also paragraphs 0057-0058) disposed in the volume of the handle (see figures 4 and 6-7), wherein the at least one capacitive touch sensor is in electrical communication with the PCBA (see paragraphs 0058-0060), and the PCBA is further configured to receive a first user input from the at least one capacitive touch sensor and to control the motor based on the first user input received from the at least one capacitive touch sensor (see figures 9a-9b and see also paragraphs 0055/0071-0073).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Zhuan to incorporate the teachings of Bloch to provide wherein electric toothbrush further comprising further comprising at least one capacitive touch sensor disposed in the volume of the handle, wherein the at least one capacitive touch sensor is in electrical communication with the PCBA, and the PCBA is further configured to receive a first user input from the at least one capacitive touch sensor and to control the motor based on the first user input received from the at least one capacitive touch sensor. One of ordinary skill in the art would recognize that providing the electric toothbrush with a capacitive touch sensor would necessarily provide the predictable result of allowing the user to accurately and operably connected to and control the operations of the motor during use, thus increasing accuracy and efficiency.
Regarding claim 14, Zhuan modified discloses: the electric toothbrush of claim 13, wherein the PCBA is further configured to selectively disable user input via the capacitive touch sensor based on the motor being in an actuated state (See prior art of Bloch, figures 9A-9B and paragraphs 0070-0078, where the prior art discloses process (element 300) steps of the toothbrush including the step of 308 where the motor (element 170) is turned on via the processor of PCBA, see figure 9B where the process discloses steps 326/328 showing if the pad 2 (i.e. touch senor button see paragraph 0078) has been pressed with a sufficient pressing force F that equals or exceeds the threshold pressing force or if the sensor button 330b (pad 2) has been pressed for longer than a predetermined “hold time” (“press and hold” user action) programmed into the microprocessor (e.g. 0.5 seconds or other) (see paragraph 0079), and if the response is “no,” control passes to step 336 in order to ‘leave the toothbrush running”. Therefore, the PCBA would necessarily be configured to selectively disable user input (if the pressing force is less than the sufficient pressing force or is pressed less than the predetermined hold time) via the capacitive touch sensor based on the motor being in an actuated state).
Allowable Subject Matter
Claims 17-18 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:
Claim 17 (claim 18 depends on claim 17) recites limitations related to the toothbrush, specifically “wherein the stem of the cartridge is releasably securable in snap or press fit engagement with the orifice of the base via a combination of rotation of the stem in the orifice of the base and axial movement of the stem in a direction parallel to the longitudinal axis of the shaft”.
The prior art of Chan discloses the limitations of claims 15-16 and further discloses the stem of the cartridge is releasably securable in snap or press fit engagement with orifice of the base via at least movement of the stem of the cartridge parallel to the longitudinal axis in the orifice of the base (see figure 49 annotated above showing the cartridge (elements 3470/3480) having the stem (elements 3476/3483) engaging the orifice (elements 3411 and see also paragraphs 0189-0190) via at least movement of the stem of the cartridge parallel to the longitudinal axis (X-X axis) in the orifice of the base). However, the stem (elements 3476/3483) is not structurally capable of rotating into the orifice (elements 3411) in order to secure the cartridge with the base. Thus, the prior art fails to disclose a combination of rotation of the stem in the orifice of the base and axial movement of the stem in a direction parallel to the longitudinal axis of the shaft in order for the cartridge to be releasably securable in snap or press fit engagement with the base.
The prior art Ponzini (US Pub. No. 2012/0096665) is also concern in providing a toothbrush (Figures 1-4 and see also paragraph 0017) comprising a handle (element 112), a shaft (element 114), a base (element 120) having an orifice (element 142), and a cartridge (element 210) having a stem (element 224) which is releasably securable with the orifice of the base (see paragraph 0021). However, the cartridge is rotated about a rotational axis (element R) in for the stem to engage a portion of the orifice of the base (see paragraph 0022). Thus, the prior art fails to disclose a combination of rotation of the stem in the orifice of the base and axial movement of the stem in a direction parallel to the longitudinal axis of the shaft in order for the cartridge to be releasably securable in snap or press fit engagement with the base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERTO SAENZ whose telephone number is (313)446-6610. The examiner can normally be reached Monday-Friday 7:30-4:30PM EST.
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/A.S./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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