DETAILED ACTION
This office action is in response to the amendment dated December 31, 2025.
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 .
Claim Status
Claims 1-5, 9, 11, 13, 15-16, and 20 are currently amended.
Claims 6, 14, and 17 are as originally filed.
Claims 7-8, 10, 12, and 18-19 are as previously presented.
Claims 21-29 are canceled.
Therefore, claims 1-20 are currently pending.
Response to Amendment
In response to the filed claim amendments, the objections to the claims and rejections under 35 USC 112 are hereby withdrawn.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pai (US PG Pub #2018/0184857) in view of Murray (US Patent #5,236,971) and Binner et al. (Binner; US PG Pub #2012/0021375).
As to claim 13, Pai teaches a product dispenser housing a plurality of ingredients (Paragraph [0021] teaches an oral care agent dispenser where ingredients are individually inserted within the dispenser device or ingredients are contained within replaceable capsules; Paragraph [0024] teaches an oral care agent dispenser with multiple chambers configured to receive a cartridge containing different oral care ingredients), the product dispenser comprising:
a mixing chamber (Paragraph [0271]);
an interface configured to receive identities of the plurality of ingredients, wherein the plurality of ingredients are expected to remedy an oral condition of an oral cavity (Figure 11, Item 1126 shows a communication interface; Paragraph [0165] teaches the communication interface enables communication with other devices; Paragraph [0024] teaches memory storing an oral care formulation that includes one or more of a plurality of oral care ingredients; Paragraph [0277] teaches that the oral care agent formulation is programmable; Paragraph [0282] teaches a dentist providing the formulation to the oral care agent dispenser via the dispenser’s communication circuitry; Paragraph [0176] teaches storing device information related to the dispenser device);
a first ingredient chamber and a first flow path configured to convey at least one of the plurality of ingredients to the mixing chamber;
a second ingredient chamber and a second flow path configured to convey at least one of the plurality of ingredients to the mixing chamber (Paragraphs [0271]-[0273] teach drawing ingredients out of cartridges into a mixing chamber via a conduit through which the ingredient is drawn from the respective cartridge; Paragraph [0024] multiple chambers each configured to receive a cartridge containing a different oral care ingredient; Figure 20B shows multiple cartridges);
an active agitator configured to mix the identified plurality of ingredients within the mixing chamber by actively agitating the mixing chamber (Paragraph [0271] teaches a mixing mechanism configured to mix the ingredients entering the mixing chamber; Paragraph [0288] teaches activating a mixing assembly), thereby producing a product expected to remedy the oral condition of the oral cavity (Paragraph [0019] teaches guiding a personalized treatment plan including using a personalized toothpaste selected in accordance with the user’s dental information; Paragraph [0270] teaches combining ingredients to create one or more custom oral care agent formulations; Paragraph [0294] teaches dispensing treatment);
a nozzle configured to dispense the product expected to remedy the oral condition of the oral cavity (Paragraph [0306] teaches nozzles dispensing an oral care agent); and
a cleaning-fluid reservoir and a flush conduit configured to convey cleaning fluid through each of the mixing chamber and the nozzle (Paragraph [0295] teaches a water reservoir configured to flush undeposited oral care agent after use).
However, Pai does not explicitly teach the mixing chamber comprising a helix-shaped chamber having internal fins;
a first shutoff valve disposed along the first flow path and configured to inhibit backflow from the mixing chamber toward the first ingredient chamber; and
a second shutoff valve disposed along the second flow path and configured to inhibit backflow from the mixing chamber toward the second ingredient chamber.
In the field of mixing ingredients for dental applications, Murray teaches a mixing chamber comprising a helix-shaped chamber having internal fins (Figure 10; Column 6, Line 65 – Column 7, Lines 18 teaches a series of spiral mixer elements to divide and recombine liquid elements). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Pai with the spiral mixing elements of Murray because utilizing the mixing elements of Murray is a simple substitution of known mixing elements for other types of mixing elements that yields the predictable result of reliably mixing materials.
Pai in view of Murray does not render obvious a first shutoff valve disposed along the first flow path and configured to inhibit backflow from the mixing chamber toward the first ingredient chamber; and
a second shutoff valve disposed along the second flow path and configured to inhibit backflow from the mixing chamber toward the second ingredient chamber.
In the field of diagnosing and treating an oral cavity (Paragraph [0049]), Binner teaches a first shutoff valve disposed along the first flow path and configured to inhibit backflow from the mixing chamber toward the first ingredient chamber; and
a second shutoff valve disposed along the second flow path and configured to inhibit backflow from the mixing chamber toward the second ingredient chamber (Paragraphs [0142], [0146], and [0150] teach multiple one-way flow valves). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Pai with the valves of Binner because including valves helps control the liquid flow (Paragraphs [0131] and [0146]).
As to claim 14, depending from the product dispenser of claim 13, Pai teaches the product dispenser further comprising a processor (Figure 11, Item 1102 shows a processor of a dispensing device), does not explicitly teach the processor configured to:
receive information relating to at least one of emission fluorescence or back scattered light relating to an illuminated portion of an oral cavity;
determine the oral condition of the oral cavity based on the received information relating to the at least one of emission fluorescence or back scattered light;
determine the plurality of ingredients that are expected to remedy the oral condition of the oral cavity; and
cause identities of the plurality of ingredients to be transmitted.
In the field of diagnosing and treating an oral cavity (Paragraph [0049]), Binner teaches the processor configured to:
receive information relating to at least one of emission fluorescence or back scattered light relating to an illuminated portion of an oral cavity (Paragraph [0098] teaches performing color, texture, and opacity analysis; Paragraph [0100] teaches quantitative light fluorescence to diagnose early carious lesions by employing two way optics to illuminate the tooth surface and detect the resulting fluorescence);
determine the oral condition of the oral cavity based on the received information relating to the at least one of emission fluorescence or back scattered light (Paragraph [0100] teaches quantitative light fluorescence to diagnose early carious lesions);
determine a plurality of ingredients that are expected to remedy the oral condition of the oral cavity (Paragraph [0103] teaches diagnostic results used to customize treatment by adding additives to a cleaning formulation for a specific user); and
cause identities of the plurality of ingredients to be transmitted (Paragraph [0252] teaches transferring diagnostic information, custom profile information, and program-related information and the logic system that communicates with various components of the device; Paragraph [0103] teaches adding appropriate additives depending on the diagnostic result). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Pai with the ingredient determination of Binner because this allows a user to closely monitor their oral health status and take any required corrective measures in a timely fashion (Paragraph [0096]) to ameliorate a detrimental condition or improve cosmetic appearance of the oral cavity (Paragraph [0007]).
As to claim 15, depending from the product dispenser of claim 14, Pai does not explicitly teach wherein the illuminated portion of an oral cavity is illuminated via an illumination source of a diagnostic device comprising a sensor configured to detect information relating to the at least one of emission fluorescence or back scattered light relating to the illuminated portion of the oral cavity.
In the field of diagnosing and treating an oral cavity (Paragraph [0049]), Binner teaches wherein the illuminated portion of an oral cavity is illuminated via an illumination source of a diagnostic device comprising a sensor configured to detect information relating to the at least one of emission fluorescence or back scattered light relating to the illuminated portion of the oral cavity (Paragraph [0098] teaches appropriate sensors, detectors, and light sources are embedded in the appliance; Paragraph [0100] teach the device employing two way optics to illuminate the tooth surface and detect the resulting fluorescence). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Pai with the fluorescence information of Binner because this allows a user to closely monitor their oral health status and take any required corrective measures in a timely fashion (Paragraph [0096]) to ameliorate a detrimental condition or improve cosmetic appearance of the oral cavity (Paragraph [0007]).
As to claim 16, depending from the product dispenser of claim 13, Pai teaches wherein each of the plurality of ingredients is housed in a respective cartridge of the product dispenser, ingredients of the plurality of ingredients being forced out of the respective cartridge and into the mixing chamber via a force produced from at least one forcing device (Paragraph [0271] teach a pump mechanism configured to draw an ingredient out of an ingredient cartridge into a mixing chamber).
As to claim 17, depending from the product dispenser of claim 16, Pai teaches wherein the at least one forcing device comprises at least one of a motor or a pump (Paragraph [0271] teach a pump mechanism configured to draw an ingredient out of an ingredient cartridge).
As to claim 18, depending from the product dispenser of claim 13, Pai teaches wherein the product expected to remedy the oral condition of the oral cavity is in at least one of a gel, paste, or liquid form factor (Paragraph [0267] teaches an oral care agent is toothpaste).
As to claim 19, depending from the product dispenser of claim 13, Pai teaches wherein the product dispenser is integrated with a tele-dentistry platform to perform dentist recommended product formulations associated with a treatment regime (Paragraph [0282] teaches the dentist uploading formulation information to the dispenser via a smart phone or wireless router and the dispenser’s communication circuitry).
Allowable Subject Matter
Claims 1-12 and 20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Independent claims 1 and 20 are amended to incorporate the language of alternately illuminating a portion of the oral cavity via a diagnostic device with (i) excitation illumination configured to induce emission fluorescence from a portion of the oral cavity and (ii) scattering illumination configured to produce back scattered light from the portion of the oral cavity, detecting information relating to emission fluorescence and back scattered light relating to the illuminated portion of the oral cavity, wherein the information comprises fluorescence information and absorption information, and determining an oral condition based on the received information relating to the emission fluorescence and the back scattered light and determining a plurality of ingredients that are expected to remedy the oral condition. The prior art does not teach, suggest, or render obvious the claimed subject matter.
The following art is related to the claimed subject matter, but does not teach, suggest, or render obvious the claimed limitations:
Irion et al. (US Patent #6,212,425) teach alternating observation of illumination light reflected with fluorescence light (Column 8, Line 66 – Column 9, Line 3).
Deane et al. (US PG Pub #2015/0305626) teach detecting plaque based on received fluorescence (Paragraph [0009]).
Takei et al. (US PG Pub #2013/0096376) teach alternating excitation for fluorescence and reference light for reflection (Paragraph [0091]).
Takaoka et al. (US PG Pub #2010/0016669) teach a reference light source alternating with an excitation light source (Paragraph [0013]).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claims 13-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN W SHERWIN whose telephone number is (571)270-7269. The examiner can normally be reached M-F, 7:00-8:00, 9:00-3:00 and 4:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571.270.1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN W SHERWIN/Primary Examiner, Art Unit 2688