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 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 1-2, 7-10, 12-13, 16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jablow (U.S. Patent Application Publication 2020/0230432).
Regarding claims 1-2, 7, and 12-13, Jablow discloses a device comprising:
a therapeutic unit configured to be located inside an oral cavity of a user, the therapeutic unit comprising a plurality of stimulation elements in the form of irradiation source {claim 7} further comprising LEDs (“light generating element 604, such as, for example an LED light source or plurality of LED light sources,” see [0047] and figures 5-12, and alternate/equivalent counterparts in other embodiments) provided thereupon, and a contact layer configured to make contact with inner surfaces of the oral cavity, the contact layer shaped as concaved inwards (the inner surface of the mouthpiece 602, facing the teeth and having “barrier plate 618 disposed thereon, see [0049] and figures 5-12) towards a housing container (defined by the outer surfaces of the mouthpiece 602, except for “control/power unit 608,” see [0047] and figures 5-12) of the therapeutic unit;
a control module (“control/power unit 608,” see [0047] and figures 5-12) electrically connected to the therapeutic unit through an electrical conductor (one of the “wire conduits 632 that are part of mouthpiece 602 and to a power source 658 (e.g., a battery including a rechargeable battery) electrically connected to PCB 656,” see [0052] and figure 12); and
an electrical power source in the form of rechargeable batteries {claim 12} (“rechargeable battery or batteries” 658, see [0043], [0052], and [0065] and figure 12) provided within the control module (see figure 12), the electrical power source configured to provide electrical power to the plurality of stimulation elements (see “wire conduits 632 that provide power to the light generating elements 624,” see [0049] and figure 12),
wherein the control module is configured to regulate the supply of the electrical power to the plurality of stimulation elements to modify operational characteristics of the plurality of stimulation elements (“on/off button 614,” see [0052] and figures 5-6, and 12), and
a fastening arrangement {claims 2 and 13} (comprising: 1) “barrier plate 618,” along with 2) “back stop 620,” see [0049] and figures 5-7, and 11-12 – “barrier plate 618 may also include a back stop 620 on both upper surface 615 and lower surface 617 of barrier plate 618 to prevent the teeth from sliding off the back edge 622 of the mouthpiece”) coupled to the control module, the fastening arrangement configured to fasten the control module to a portion of a body of the user.
Regarding claim 8, Jablow discloses the claimed device including the irradiation sources are configured to emit electromagnetic radiation in a wavelength range of 300 nm to 1200 nm (see [0062]).
Regarding claim 9, Jablow discloses the claimed device including wherein portions of the contact layer above the irradiation sources are diaphanous.
In [0038] of U.S. Patent Application Publication 2025/0152962 for the present application, Applicant discloses “In the context of the specification, the phrase “diaphanous material” refers to a material that allows at least a portion of one or more forms of electromagnetic radiation (such as Infrared, Ultraviolet, X-rays, Visible Light, Microwaves, Radio Waves, etc.) to pass through them. The diaphanous materials can be transparent (allowing one or more forms of electromagnetic radiation to pass through with minimal scattering) or translucent (allowing one or more forms of electromagnetic radiation to pass through with appreciable diffusion or scattering). Diaphanous materials can be dense, like glass, or have an open structure, like wire mesh or a woven fabric.
Accordingly, Jablow anticipates the invention since Jablow disclose “the embodiment of FIGS. 5-19 include the mouthpiece is made of a material that is substantially clear or substantially transmissive of the light generated by the light generating element 604 and can be made of flexible or elastomeric that would be comfortable when engaged with the teeth and mouth of a user,” see [0048].
Regarding claims 10, and 16, Jablow discloses the claimed device including the control module further comprises a user interface (“on/off button 614,” see [0052] and figures 5-6, and 12 – for example “user interface 1506,” see [0055] and figure 14) configured to receive control input signals from the user, for modifying the operational characteristics of the plurality of stimulation elements.
Regarding claim 18-19, Jablow discloses a method comprising:
providing the oral therapy device, the oral therapy device comprising:
a therapeutic unit configured to be located inside an oral cavity of a user, the therapeutic unit comprising a plurality of stimulation elements in the form of irradiation source {claim 7} further comprising LEDs (“light generating element 604, such as, for example an LED light source or plurality of LED light sources,” see [0047] and figures 5-12, and alternate/equivalent counterparts in other embodiments) provided thereupon, and a contact layer configured to make contact with inner surfaces of the oral cavity, the contact layer shaped as concaved inwards (the inner surface of the mouthpiece 602, facing the teeth and having “barrier plate 618 disposed thereon, see [0049] and figures 5-12) towards a housing container (defined by the outer surfaces of the mouthpiece 602, except for “control/power unit 608,” see [0047] and figures 5-12) of the therapeutic unit;
a control module (“control/power unit 608,” see [0047] and figures 5-12) electrically connected to the therapeutic unit through an electrical conductor (one of the “wire conduits 632 that are part of mouthpiece 602 and to a power source 658 (e.g., a battery including a rechargeable battery) electrically connected to PCB 656,” see [0052] and figure 12); and
an electrical power source in the form of rechargeable batteries {claim 12} (“rechargeable battery or batteries” 658, see [0043], [0052], and [0065] and figure 12) provided within the control module (see figure 12), the electrical power source configured to provide electrical power to the plurality of stimulation elements (see “wire conduits 632 that provide power to the light generating elements 624,” see [0049] and figure 12),
wherein the control module is configured to regulate the supply of the electrical power to the plurality of stimulation elements to modify operational characteristics of the plurality of stimulation elements (“on/off button 614,” see [0052] and figures 5-6, and 12), and
a fastening arrangement {claim 19} (comprising: 1) “barrier plate 618,” along with 2) “back stop 620,” see [0049] and figures 5-7, and 11-12 – “barrier plate 618 may also include a back stop 620 on both upper surface 615 and lower surface 617 of barrier plate 618 to prevent the teeth from sliding off the back edge 622 of the mouthpiece”) coupled to the control module, the fastening arrangement configured to fasten the control module to a portion of a body of the user.
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 3, 11, 15, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jablow (U.S. Patent Application Publication 2020/0230432) as applied to claims 1, 13, and 18 above, and further in view of Brawn et al. (U.S. Patent Application Publication 2019/0083202).
Regarding claims 3, and 15, Jablow show device above,
but fail to recite the fastening arrangement comprises a hook portion configured to conform with a shape of an ear of the user.
Like Jablow, Brawn et al. disclose a lighting device for applying light to the mouth region internally and externally and applying light to teeth and teach attaching the therapeutic unit having a plurality of light elements to an eyeglasses-like frame 22 having a hook portion (“ear-engaging portions 24,” see [0333] and figures 1-4) in order to provide a known and workable means of securing the therapeutic unit in place with the added benefit passive engagement with the patient.
Therefore, at the time of the of invention it would have been obvious to one of ordinary skill in the art to modify the invention of Jablow, as taught by Brawn et al., to attaching the therapeutic unit having a plurality of light elements to an eyeglasses-like frame having a hook portion for engaging the ear of the patient in order to provide a known and workable means of securing the therapeutic unit in place with the added benefit passive engagement with the patient.
Regarding claims 11, 17, and 20, Jablow show device above,
but fail to recite:
the control module further comprises a communication interface configured to receive control input signals from a user computing device, over a communication network, for modifying the operational characteristics of the plurality of stimulation elements {claims 11, and 17},
the step of regulating the power supply further comprises receiving, by the control module, control input signals from the user, through one or more of a user interface provided with the control module and a communication interface over a communication network, for modifying the operational characteristics of the plurality of stimulation elements {claim 20}.
Like Jablow, Brawn et al. disclose a lighting device for applying light to the mouth region internally and externally and applying light to teeth and teach providing the device and method with a “programmable controller” 50 “in communication with another device, such as a computer, which can include a personal computer, server computer, or laptop computer” (see [0424]) over wired or wireless networks (see [0426]) in order to provide an known and workable means “to control the operation of light-therapy apparatus 20” (see [0423]) wherein the “controller can have controls that allow various parameters to be set, such as light wavelength, light intensity, light pulsing, light duty cycle, light frequency, or light duration, and can appropriately activate light emitters of one or more light sources 30 in response to an appropriate signal. A controller can control light emissions with any light characteristics” (see [0423]).
Therefore, at the time of the of invention it would have been obvious to one of ordinary skill in the art to modify the invention of Jablow, as taught by Brawn et al., to providing the device and method with a “programmable controller” 50 “in communication with another device, such as a computer, which can include a personal computer, server computer, or laptop computer” over wired or wireless networks in order to provide an known and workable means “to control the operation of light-therapy apparatus 20” wherein the “controller can have controls that allow various parameters to be set, such as light wavelength, light intensity, light pulsing, light duty cycle, light frequency, or light duration, and can appropriately activate light emitters of one or more light sources 30 in response to an appropriate signal. A controller can control light emissions with any light characteristics.”
Claims 4-6, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jablow (U.S. Patent Application Publication 2020/0230432) as applied to claims 1, and 13 above, and further in view of Beckman (U.S. Patent Application Publication 2022/0054243).
Regarding claims 4-6, and 14, Jablow further discloses a device is used for teeth whitening and an outer conduit (the neck portion of the control housing located adjacent the mouthpiece, see figures 5-12) has disposed therein electrical conductors (electrical conductors 632, see figure 12) but fails to explicitly recite:
A1) an outer conduit connecting the control module with the therapeutic unit, the outer conduit comprising therewithin an inner conduit, wherein the control module further comprises a composition container configured to store therewithin a therapeutic composition, the inner conduit configured to transfer the therapeutic composition from the composition container and into the oral cavity of the user {claim 4},
A2) the control module further comprises a pump configured to pump the therapeutic composition from the composition container and into the inner conduit {claim 5},
A3) the therapeutic composition is selected from a group consisting of water, brine solution, pharmaceutical compositions, gels, emulsions, and combinations thereof {claim 6}, and/or
A4) the control module comprises a composition container configured to store therewithin a therapeutic composition, the control module connected to the therapeutic unit through an outer conduit comprising therewithin an inner conduit and the electrical conductor.
Like Jablow, Beckman discloses a mouthpiece device used for whitening teeth having treatment capabilities (“UV light,” see [0088]) and delivering fluids/liquids to the mouthpiece and teaches providing the device with
A1) an outer conduit (“guiding extension 1521,” see [093] (also see [0094]-[0097]) and figure 15, and alternate/equivalent counterparts in other embodiments, see for example the embodiments in figures 11-14) connecting the control module with the therapeutic unit, the outer conduit comprising therewithin an inner conduit (“conduit(s),” see [0098] for example, and figure 15, and alternate/equivalent counterparts in other embodiments, see for example the embodiments in figures 11-14), wherein the control module further comprises a composition container (“oral care fluids within cartridge 1506,” see [0098] and figure 15, and alternate/equivalent counterparts in other embodiments, see for example the embodiments in figures 11-14) configured to store therewithin a therapeutic composition, the inner conduit configured to transfer the therapeutic composition from the composition container and into the oral cavity of the user {claim 4},
A2) the control module further comprises a pump (“pump 1123,” see [0066], and alternate/equivalent counterparts in other embodiments, see for example the embodiments) configured to pump the therapeutic composition from the composition container and into the inner conduit (“conduits,” see [0066], and alternate/equivalent counterparts in other embodiments, see for example the embodiments) {claim 5},
A3) the therapeutic composition is selected from a group consisting of water (“water,” see [0066]), brine solution, pharmaceutical compositions, gels, emulsions, and combinations thereof {claim 6}, and
A4) the control module comprises a composition container (“oral care fluids within cartridge 1506,” see [0098] and figure 15, and alternate/equivalent counterparts in other embodiments, see for example the embodiments in figures 11-14) configured to store therewithin a therapeutic composition, the control module connected to the therapeutic unit through an outer conduit (“guiding extension 1521,” see [093] (also see [0094]-[0097]) and figure 15, and alternate/equivalent counterparts in other embodiments, see for example the embodiments in figures 11-14) comprising therewithin an inner conduit,
in order to provide a known and workable device for delivering a liquid/fluid composition to a mouthpiece in order to whiten teeth.
This combination provides for an outer conduit that contains both electrical conductors (Jablow) and inner conduits for fluid (Beckman).
Therefore, at the time of the of invention it would have been obvious to one of ordinary skill in the art to modify the invention of Jablow, as taught by Beckman, to providing the device with A1) an outer conduit connecting the control module with the therapeutic unit, the outer conduit comprising therewithin an inner conduit, wherein the control module further comprises a composition container configured to store therewithin a therapeutic composition, the inner conduit configured to transfer the therapeutic composition from the composition container and into the oral cavity of the user, A2) the control module further comprises a pump configured to pump the therapeutic composition from the composition container and into the inner conduit, A3) the therapeutic composition is selected from a group consisting of water, brine solution, pharmaceutical compositions, gels, emulsions, and combinations thereof, and A4) the control module comprises a composition container configured to store therewithin a therapeutic composition, the control module connected to the therapeutic unit through an outer comprising therewithin an inner conduit, all in order to provide a known and workable device for delivering a liquid/fluid composition to a mouthpiece in order to whiten teeth, this combination has the added benefit of a single device that both applies the teeth whitening composition and the necessary LEDs for completely the whitening process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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/AARON F ROANE/Primary Examiner, Art Unit 3792