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
This Non-Final Office Action is in response to the application papers filed on 30 June 2026 and 11 December 2023.
Claim(s) 1-20 is/are pending.
Election/Restrictions
The election of species requirement is withdrawn in light of the 30 June 2026 filed response to resection/election.
Claim Objections
Claim(s) 1 is/are objected to because of the following informality(ies):
(A) At line 6: “cause the brush to” is suggested to be --cause the brush to:--. Appropriate correction is required.
Claim(s) 20 is/are objected to because of the following informality(ies):
(A) At line 1: “comprising” is suggested to be –comprising:--. Appropriate correction is required.
(B) At line 3: “configured to” is suggested to be --configured to:--. Appropriate correction is required.
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.
Claim(s) 10 is/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.
(A) Regarding Claim(s) 10:
Claim(s) 10 recite(s): a plurality of buttons to perform one or more of. The most relevant portion(s) of the specification and/or drawings, found by the Office, at para. 0061 discloses a series of buttons, such as on/off, intensify up and intensify down. Thus, the specification describes a single button for each function. Therefore, Claim(s) 10 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, it is unclear if the claim requires a single button or a plurality of buttons to perform one function, e.g. on/off. As a result, it is unclear how many buttons are required. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting at least one button for performing one function to be pertinent to the relevant claim limitation(s).
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) 1-2, 4-8, 13, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20150335144 Patel (hereinafter “PATEL”) in view of U.S. Patent Application Publication No. 20120151697 to Farrell et al. (hereinafter “FARRELL”).
(A) Regarding Claim 1:
PATEL teaches:
A toothbrush (Fig. 1A), comprising:
a display (140);
at least one processor (para. 0006); and
memory comprising a set of instructions (para. 0006), wherein the set of instructions and the at least one processor are configured to cause the toothbrush to
determine an amount of time that has lapsed since a removable toothbrush head was detected as being attached to a base of the toothbrush (para. 0020 and Figs. 1D-1E), and
display data on the display comprising a notification to a user where additional removable toothbrush heads can be purchased after a number of days that have lapsed since the toothbrush head was detected (para. 0020: brush head and 0025: notification to a user after the predefined period of time, and Figs. 1D-1E).
However, the difference between PATEL and the claimed invention is that PATEL does not explicitly teach the notification identifying an Internet source.
FARRELL teaches:
An oral care system (Fig. 2) comprising:
a display (47),
a toothbrush with a removable toothbrush head (90);
at least one processor (para. 0037); and
memory comprising a set of instructions (para. 0037), wherein the set of instructions and the at least one processor are configured to cause the toothbrush to
display data on the display comprising a notification to a user identifying an Internet source where additional removable toothbrush heads can be purchased when a toothbrush head should be replaced (para. 0052: A coupon code (or equivalent) that can be redeemed for a coupon or discount (either via the Internet or in store), and a coupon code might be displayed after a predetermined period of brushing or when a component, such as a toothbrush head, 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 have the notification of PATEL identify, not just a marketing message identifying a retail store having additional removable toothbrush heads, but also an internet source, as taught by FARRELL, in order to provide an additional purchase avenue, other than in-store, and thereby achieve the predictable result of allowing the user to purchase additional removable toothbrush heads from anywhere (FARRELL para. 0052: coupon redeemed via the Internet or in-store).
(B) Regarding Claim 2:
Modified PATEL further teaches:
the set of instructions and the at least one processor are further configured to cause the toothbrush to activate an internal timer upon the initial detection of the toothbrush head (para. 0005).
(C) Regarding Claim 4:
Modified PATEL further teaches:
the set of instructions and the at least one processor are further configured to cause the toothbrush to increment a value of an internal timer based on the determined amount of time that has lapsed since the initial activation of the toothbrush (para. 0005).
(D) Regarding Claim 5:
Modified PATEL further teaches:
the set of instructions and the at least one processor are further configured to cause the toothbrush to determine whether the value of the internal timer is greater than or equal to a maximum value (para. 0040).
(E) Regarding Claim 6:
Modified PATEL further teaches:
the set of instructions and the at least one processor are further configured to cause the toothbrush to display an encouragement message when the value of the internal timer is less than the maximum value (para. 0025).
(F) Regarding Claim 7:
Modified PATEL further teaches:
the set of instructions and the at least one processor are further configured to cause the toothbrush to display a toothbrush replacement message when the value of the internal timer is greater than or equal to the maximum value (para. 0025).
(G) Regarding Claim 8:
Modified PATEL further teaches:
the set of instructions and the at least one processor are further configured to cause the toothbrush to display an advertisement for replacement of the toothbrush with a same or similar toothbrush when the value of the internal timer is greater than or equal to the maximum value (para. 0025).
(H) Regarding Claim 13:
PATEL teaches:
A method comprising:
detecting, via a toothbrush base, a removable toothbrush head (para. 0038);
determining an amount of time that has lapsed since the toothbrush head was detected as being attached to the toothbrush base (para. 0038 and Figs. 1D-1E); and
displaying data on a display of the toothbrush base comprising a notification where additional toothbrush heads can be purchased after a number of days has lapsed since the toothbrush head was detected (para. 0020: brush head and 0025: notification to a user after the predefined period of time, and Figs. 1D-1E).
However, the difference between PATEL and the claimed invention is that PATEL does not explicitly teach the notification identifying an Internet source.
FARRELL teaches:
An oral care system (Fig. 2) comprising:
a display (47),
a toothbrush with a removable toothbrush head (90);
at least one processor (para. 0037); and
memory comprising a set of instructions (para. 0037), wherein the set of instructions and the at least one processor are configured to cause the toothbrush to
display data on the display comprising a notification to a user identifying an Internet source where additional removable toothbrush heads can be purchased when a toothbrush head should be replaced (para. 0052: A coupon code (or equivalent) that can be redeemed for a coupon or discount (either via the Internet or in store), and a coupon code might be displayed after a predetermined period of brushing or when a component, such as a toothbrush head, 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 have the notification of PATEL identify, not just a marketing message identifying a retail store having additional removable toothbrush heads, but also an internet source, as taught by FARRELL, in order to provide an additional purchase avenue, other than in-store, and thereby achieve the predictable result of allowing the user to purchase additional removable toothbrush heads from anywhere (FARRELL para. 0052: coupon redeemed via the Internet or in-store).
(I) Regarding Claim 15:
Modified PATEL further teaches:
activating an internal timer upon the initial detection of the toothbrush head (para. 0005).
(J) Regarding Claim 16:
Modified PATEL further teaches:
incrementing a value of an internal timer based on the determined amount of time that has lapsed since an initial activation of the toothbrush head (para. 0005).
(K) Regarding Claim 17:
Modified PATEL further teaches:
determining whether the value of the internal timer is greater than or equal to a maximum value (para. 0040).
(L) Regarding Claim 18:
Modified PATEL further teaches:
displaying an advertisement for replacement of the toothbrush head with a same or similar toothbrush head when the value of the internal timer is greater than or equal to the maximum value (para. 0025).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 20090031071 to chiu (hereinafter “CHIU”).
(A) Regarding Claim 3:
Modified PATEL teaches:
The display data comprises an internet source (FARRELL para. 0052: A coupon code (or equivalent) that can be redeemed for a coupon or discount (either via the Internet or in store), and a coupon code might be displayed after a predetermined period of brushing or when a component, such as a toothbrush head, should be replaced).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach a quick response (QR) code identifying an Internet uniform resource location.
CHIU teaches:
A discount coupon provided via QR code, wherein the QR code is identifying an Internet uniform resource location (para. 0026).
The technique of displaying a QR code is known in the art of marketing for providing discount coupons. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of displaying a QR code including the discount coupon internet source for purchasing additional toothbrush heads of modified PATEL, as taught by CHIU, to improve the marketing notification of the toothbrush and thereby achieve the predictable result of allowing the user of the toothbrush to use a mobile electronic device to read the QR code and retrieve product information (para. 0026).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 20140033034 to Patel (hereinafter “PATEL’034”).
(A) Regarding Claim 9:
Modified PATEL teaches:
A display (PATEL 140, Fig. 1).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach the display is a touch screen display.
PATEL’034 teaches:
A toothbrush with a display, wherein the display is a touch screen that provides data depending on selections made via user touch (para. 0044)
Thus, both PATEL and PATEL’034 teach toothbrush displays. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the touch screen display of PATEL’034 for the PATEL display to achieve the predictable result of allowing the user to select a variety of information (PATEL’034 para. 0044). See MPEP 2141(III)).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 1 above, and further in view of an engineering expedient.
(A) Regarding Claim 10:
Modified PATEL teaches:
a button to perform one or more of turn on or off vibration or movement of the brush head, increase intensity of the vibration or movement and decrease intensity of the vibration or movement (PATEL para. 0018).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach a plurality of buttons.
The Applicant has not disclosed any unexpected results to suggest that a plurality of buttons provides an advantage, solves a stated problem, or is used for a particular purpose beyond the fact that buttons allow the user to provide input to the toothbrush. Furthermore, it appears that the toothbrush of PATEL would perform equally well with a plurality of buttons, instead of one, because the toothbrush provides the same function as before, i.e. allowing the user to input commands to the processor by pressing a button. Therefore, it would have been an obvious matter of design choice to modify the toothbrush of PATEL to obtain the claimed invention and thereby achieve the predictable result of allowing the user to provide input to the toothbrush by pressing at least one button.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 20030101526 to Hilscher et al. (hereinafter “HILSCHER”).
(A) Regarding Claim 11:
Modified PATEL teaches:
A removable toothbrush head (PATEL para. 0020).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach radio frequency identification (RFID) reader configured to receive a radio signal from a passive or active RFID tag in the toothbrush head, wherein the radio signal comprises a type of toothbrush head.
HILSCHER teaches:
radio frequency identification (RFID) reader configured to receive a radio signal from a passive or active RFID tag in the toothbrush head, wherein the radio signal comprises a type of toothbrush head (para. 0048).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include RFID reader and RFID tag with the toothbrush of PATEL, as taught by HILSCHER, in order to send a signal from the toothbrush head to the toothbrush base, or body, and thereby achieve the predictable result of allowing the toothbrush head to communicate information to the toothbrush base (HILSCHER para. 0048).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 11 above, and further in view CHIU.
(A) Regarding Claim 12:
Modified PATEL teaches:
The display data comprises an internet source (FARRELL para. 0052: A coupon code (or equivalent) that can be redeemed for a coupon or discount (either via the Internet or in store), and a coupon code might be displayed after a predetermined period of brushing or when a component, such as a toothbrush head, should be replaced).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach a quick response (QR) code identifying an Internet uniform resource location.
CHIU teaches:
A discount coupon provided via QR code, wherein the QR code is identifying an Internet uniform resource location (para. 0026).
The technique of displaying a QR code is known in the art of marketing for providing discount coupons. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of displaying a QR code including the discount coupon internet source for purchasing additional toothbrush heads of modified PATEL, as taught by CHIU, to improve the marketing notification of the toothbrush and thereby achieve the predictable result of allowing the user of the toothbrush to use a mobile electronic device to read the QR code and retrieve product information (para. 0026).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 13 above, and further in view of PATEL’034 and CHIU.
(A) Regarding Claim 14:
Modified PATEL teaches:
A display (PATEL 140, Fig. 1).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach the display is a touch screen display.
PATEL’034 teaches:
A toothbrush with a display, wherein the display is a touch screen that provides data depending on selections made via user touch (para. 0044)
Thus, both PATEL and PATEL’034 teach toothbrush displays. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the touch screen display of PATEL’034 for the PATEL display to achieve the predictable result of allowing the user to select a variety of information (PATEL’034 para. 0044). See MPEP 2141(III))
Modified PATEL further teaches:
The display data comprises an internet source (FARRELL para. 0052: A coupon code (or equivalent) that can be redeemed for a coupon or discount (either via the Internet or in store), and a coupon code might be displayed after a predetermined period of brushing or when a component, such as a toothbrush head, should be replaced).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach a quick response (QR) code identifying an Internet uniform resource location.
CHIU teaches:
A discount coupon provided via QR code, wherein the QR code is identifying an Internet uniform resource location (para. 0026).
The technique of displaying a QR code is known in the art of marketing for providing discount coupons. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of displaying a QR code including the discount coupon internet source for purchasing additional toothbrush heads of modified PATEL, as taught by CHIU, to improve the marketing notification of the toothbrush and thereby achieve the predictable result of allowing the user of the toothbrush to use a mobile electronic device to read the QR code and retrieve product information (para. 0026).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified PATEL, as applied to claim 13 above, and further in view of HILSCHER.
(A) Regarding Claim 19:
Modified PATEL teaches:
A removable toothbrush head (PATEL para. 0020).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach radio frequency identification (RFID) reader configured to receive a radio signal from a passive or active RFID tag in the toothbrush head, wherein the radio signal comprises a type of toothbrush head.
HILSCHER teaches:
radio frequency identification (RFID) reader configured to receive a radio signal from a passive or active RFID tag in the toothbrush head, wherein the radio signal comprises a type of toothbrush head (para. 0048).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include RFID reader and RFID tag with the toothbrush of PATEL, as taught by HILSCHER, in order to send a signal from the toothbrush head to the toothbrush base, or body, and thereby achieve the predictable result of allowing the toothbrush head to communicate information to the toothbrush base (HILSCHER para. 0048).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PATEL in view of FARRELL in further view of HILSCHER and additionally in view of CHIU.
(A) Regarding Claim 20:
PATEL teaches:
A system comprising a toothbrush head (para. 0020);
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach a toothbrush base configured to communicate with the toothbrush head to identify a type of toothbrush head associated with the toothbrush head.
HILSCHER teaches:
radio frequency identification (RFID) reader configured to receive a radio signal from a passive or active RFID tag in the toothbrush head, wherein the radio signal comprises a type of toothbrush head (para. 0048).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include RFID reader and RFID tag with the toothbrush of PATEL, as taught by HILSCHER, in order to send a signal from the toothbrush head to the toothbrush base, or body, and thereby achieve the predictable result of allowing the toothbrush head to communicate information to the toothbrush base (HILSCHER para. 0048).
Modified PATEL further teaches:
The display data comprises an internet source (FARRELL para. 0052: A coupon code (or equivalent) that can be redeemed for a coupon or discount (either via the Internet or in store), and a coupon code might be displayed after a predetermined period of brushing or when a component, such as a toothbrush head, should be replaced).
However, the difference between modified PATEL and the claimed invention is that modified PATEL does not explicitly teach display a quick response (QR) code on a maturity date associated with the toothbrush head; a computing device configured to scan the QR code on the display of the toothbrush base; and a server configured to receive an order for additional toothbrush heads from the computing device.
CHIU teaches:
A discount coupon provided via QR code, wherein the QR code is identifying an Internet uniform resource location, a computing device configured to scan the QR code on the display of the toothbrush base; and a server accessed by the computing device to retrieve information (para. 0026).
The technique of displaying a QR code is known in the art of marketing for providing discount coupons. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of displaying a QR code including the discount coupon internet source for purchasing additional toothbrush heads of modified PATEL, as taught by CHIU, to improve the marketing notification of the toothbrush and thereby achieve the predictable result of allowing the user of the toothbrush to use a mobile electronic device to read the QR code and retrieve product information (para. 0026).
Cited Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200138180 to Arbeitman et al. and US 20060037158 to Foley et al. teach a toothbrush configured send the user messages about replacing the brush and is connected to the Internet. US 20130132388 to Patel teaches the display may be a touch screen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAYLA M MCCAFFREY whose telephone number is (571)272-3438. The examiner can normally be reached Monday - Friday (excluding Wednesday) 10AM - 2 PM EST.
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KAYLA M. MCCAFFREY
Primary Examiner
Art Unit 3745
/Kayla McCaffrey/Primary Examiner, Art Unit 3745
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