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 .
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 1-2, 4, 6-10, 13-17, 19, 21, 25, 27-28, and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Ouin et al. (US20200253703), herein Ouin, in view of Brewer et al. (US20070011836), hereinafter Brewer.
Regarding claim 1, Ouin discloses an oral care implement kit comprising:
a handle (Fig. 1 element 6) comprising:
a vibration generation device (0075, where "at least one mechanical actuator" corresponds to a vibration generation device);
a processor (0093, where "control means" corresponds to a processor) operably coupled to the vibration generation device (0093-0094 and 0127, where the processor being configured to monitor "duration of pulsations/vibrations" corresponds to the processor being coupled to the vibration generation device);
a memory operably coupled to the processor (0097, where "memory module" corresponds to a memory); and
a sensor operably coupled to the processor (0080 and 0093, where the combination of both sensors discussed in 0080 and 0093 corresponds to a sensor and where the sensor "triggers the communication module to communicate with a control means" (0080) and also being a subset of the processor (0093) corresponds to the sensor being operably coupled to the processor);
a first head (Fig. 4 elements 2 and 4) configured for detachable coupling to the handle (0073); and
a second head (Fig. 7 elements 2 and 4, 0124) configured for detachable coupling to the handle (0073);
wherein the sensor is configured to sense a characteristic indicative of inertia to determine which of the first and second heads is coupled to the handle (0080-0081, where the sensor is used for "recognizing the connecting element 4 and the cleaning head 2" (0080) which includes information on "type of cleaning head" (0081), where the different types of cleaning heads, such as the two types of heads shown in Figs. 1 and 7, have different moments of inertia, which corresponds to a characteristic of the head, due to the different material densities and mass distribution about the relative axes of rotation).
Ouin fails to disclose the characteristic indicative of inertia is determined based on at least one of (i) a vibration response of the handle and (ii) an operating parameter of the vibration generation device.
Brewer is also concerned with an oral care implement and teaches the characteristic indicative of inertia is determined based on at least one of (i) a vibration response of the handle and (ii) an operating parameter of the vibration generation device (0154, where “the motor operation may be monitored on a continuous or intermittent basis and the electromotive force (EMF) detected from the motor may be used to determine the natural resonant frequency of the motor…Multiple brush heads having different inertia properties may also be detected and identified using this system, thereby identifying different users and, optionally, matching different protocols or programmed features to the different users and/or brush heads” corresponds to the characteristic indicative of inertia being determined based on an operating parameter of the vibration generation device (i.e. motor)). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Ouin discloses the invention except that the sensor is configured to determine the characteristic indicative of inertia based on “a communication module, a scannable code, a mechanical arrangement, an electronic arrangement or a combination thereof” (0080) instead of based on an operating parameter of the vibration generation device. Brewer shows that a sensor which is configured to determine the characteristic indicative of inertia based on an operating parameter of the vibration generation device is an equivalent structure known in the art (i.e. both sensors are capable of identifying different oral care implement heads attached to the handle). Therefore, because these two sensor types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a sensor configured to determine the characteristic indicative of inertia based on an operating parameter of the vibration generation device for a sensor configured to determine the characteristic indicative of inertia based on “a communication module, a scannable code, a mechanical arrangement, an electronic arrangement or a combination thereof”.
Regarding claim 2, Ouin discloses the limitations of claim 1, as described above, and further discloses the sensor is configured to monitor a vibration response of the handle (Ouin, 0093, where the sensor being "configured to monitor…duration of pulsations/vibrations" corresponds to the sensor being configured to monitor a vibration response of the handle).
Regarding claim 4, Ouin discloses the limitations of claim 1, as described above, and further discloses the sensor is configured to monitor an operating parameter of the vibration generation device (Brewer, 0154).
Regarding claim 6, Ouin discloses the limitations of claim 1, as described above, and further discloses the first head has a first moment of inertia and the second head has a second moment of inertia which is less than the first moment of inertia (Ouin, Figs. 1 and 7, where each of the first head has a first moment of inertia and the second head has a second moment of inertia and the second moment of inertia is less than the first moment of inertia as there is more mass further away from the center of the axis of rotation (i.e. the longitudinal axis of the oral care implement (10) in the first head than in the second head), the sensor configured to sense a characteristic indicative of inertia (Brewer, 0154).
Regarding claim 7, Ouin discloses the limitations of claim 1, as described above, and further discloses the processor is configured to operate in a first mode when the sensor senses that the first head is coupled to the handle and a second mode when the sensor senses that the second head is coupled to the handle (Ouin, 0093, where "a control means configured to adapt a brushing cycle based on at least one of type of the cleaning head" means that there will be a first mode (i.e. brushing cycle for the first head) and a second mode (i.e. brushing cycle for the second head)).
Regarding claim 8, Ouin discloses the limitations of claim 7, as described above, and further discloses the processor is configured to alter one of a current, an amplitude, or a frequency of the vibration generation device when switching from the first mode to the second mode (Ouin, 0093-0094, where "a control means configured to adapt a brushing cycle…based on identification of a user" (0093) where the identification of a user includes information regarding "number of pulsations/vibrations chosen by the user" (0094) corresponds to the processor being configured to alter a frequency of the vibration generation device when switching from the first mode to the second mode).
Regarding claim 9, Ouin discloses the limitations of claim 1, as described above, and further discloses the first head has a wall and a plurality of fingers extending from the wall (Ouin, see annotated Figs. 1 and 1' below), a first plurality of tooth cleaning elements (Ouin, Fig. 4 element 215) extending from the wall and the plurality of fingers (Ouin, Fig. 4) and wherein the second head has a front surface and a second plurality of tooth cleaning elements (Ouin, Fig. 7 element 215) extending from the front surface (Ouin, See annotated Fig. 7 below).
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Regarding claim 10, Ouin discloses the limitations of claim 9, as described above, and further discloses the first head extends along an arcuate path from a first distal end to a second distal end (Ouin, see annotated Fig. 1 above).
Regarding claim 13, Ouin discloses the limitations of claim 1, as described above, and further discloses one of a current, an amplitude, or a frequency of the vibration generation device is configured to be altered during a brushing routine in response to input from the sensor (Ouin, 0093-0094, where "a control means configured to adapt a brushing cycle…based on identification of a user" (0093) where the identification of a user includes information regarding "number of pulsations/vibrations chosen by the user" (0094) corresponds to the processor being configured to alter a frequency of the vibration generation device in response to input from the sensors, such as when switching between the first and second heads).
Regarding claim 14, Ouin discloses the limitations of claim 13, as described above, and further discloses the processor is configured to adjust one of the current, amplitude, or frequency of the vibration generation device to increase excitation of a plurality of tooth cleaning elements of the one of the first head or the second head (Ouin, Fig. 4 element 215 corresponds to a plurality of tooth cleaning elements of the first head and Fig. 7 element 215 corresponds to a plurality of tooth cleaning elements of the second head) that is coupled to the handle (Ouin, 0093-0094, where "a control means configured to adapt a brushing cycle…based on identification of a user" (0093) where the identification of a user includes information regarding "number of pulsations/vibrations chosen by the user" (0094) corresponds to the processor being configured to adjust the frequency of the vibration generation device to either increase or decrease excitation of the plurality of tooth cleaning elements of either the first head or the second head that is coupled to the handle).
Regarding claim 15, Ouin discloses the limitations of claim 1, as described above, and further discloses the processor is configured to alter a duration of a brushing routine in response to input from the sensor (Ouin, 0093 and 0127, where "a control means configured to adapt a brushing cycle…based on identification of a user" (0093) where the identification of a user includes information regarding "time duration for brushing cycle" (0127) corresponds to the processor being configured to adjust a duration of a brushing routine in response to input from the sensor).
Regarding claim 16, Ouin discloses an oral care implement comprising:
a handle (Fig. 1 element 6) comprising:
a vibration generation device (0075, where "at least one mechanical actuator" corresponds to a vibration generation device);
a processor (0093, where "control means" corresponds to a processor) operably coupled to the vibration generation device (0093-0094 and 0127, where the processor being configured to monitor "duration of pulsations/vibrations" corresponds to the processor being coupled to the vibration generation device);
a memory operably coupled to the processor (0097, where "memory module" corresponds to a memory); and
a sensor operably coupled to the processor (0080 and 0093, where the combination of both sensors discussed in 0080 and 0093 corresponds to a sensor and where the sensor "triggers the communication module to communicate with a control means" (0080) and also being a subset of the processor (0093) corresponds to the sensor being operably coupled to the processor);
a head (Fig. 1 element 2) configured for detachable coupling to the handle (0073); and
wherein the sensor is configured to monitor data to determine a characteristic of the head (0080-0081, where the sensor is used for "recognizing the connecting element 4 and the cleaning head 2" (0080) which includes data on "type of cleaning head" (0081), where the different types of cleaning heads, such as the two types of heads shown in Figs. 1 and 7, have different moments of inertia, which corresponds to a characteristic of the head, due to the different material densities and mass distribution about the relative axes of rotation) and alter an operating parameter of the vibration generation device based on the characteristic of the head (0093-0094, where "a control means configured to adapt a brushing cycle based on…type of the cleaning head" (0093) where the identification of a user includes information regarding "number of pulsations/vibrations chosen by the user" (0094) corresponds to the processor being configured to alter a frequency (i.e. an operating parameter) of the vibration generation device based on the characteristic of the head).
Ouin fails to disclose the sensor is configured to monitor at least one of (i) a vibration response of the handle and (ii) an operating parameter of the vibration generation device to determine a characteristic of the head based on the monitored at least one of (i) and (ii).
Brewer is also concerned with an oral care implement and teaches the sensor is configured to monitor at least one of (i) a vibration response of the handle and (ii) an operating parameter of the vibration generation device to determine a characteristic of the head based on the monitored at least one of (i) and (ii) (0154, where “the motor operation may be monitored on a continuous or intermittent basis and the electromotive force (EMF) detected from the motor may be used to determine the natural resonant frequency of the motor…Multiple brush heads having different inertia properties may also be detected and identified using this system, thereby identifying different users and, optionally, matching different protocols or programmed features to the different users and/or brush heads” corresponds to the sensor being configured to monitor an operating parameter of the vibration generation device (i.e. motor) to determine a characteristic of the head). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Ouin discloses the invention except that the sensor is configured to determine the characteristic of the head based on “a communication module, a scannable code, a mechanical arrangement, an electronic arrangement or a combination thereof” (0080) instead of based on an operating parameter of the vibration generation device. Brewer shows that a sensor which is configured to determine a characteristic of the head based on an operating parameter of the vibration generation device is an equivalent structure known in the art (i.e. both sensors are capable of identifying different oral care implement heads attached to the handle). Therefore, because these two sensor types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a sensor configured to determine a characteristic of the head based on an operating parameter of the vibration generation device for a sensor configured to determine a characteristic of the head based on “a communication module, a scannable code, a mechanical arrangement, an electronic arrangement or a combination thereof”.
Regarding claim 17, Ouin discloses the limitations of claim 16, as described above, and further discloses the sensor is configured to monitor a vibration response of the handle (Ouin, 0093, where the sensor being "configured to monitor…duration of pulsations/vibrations" corresponds to the sensor being configured to monitor a vibration response of the handle).
Regarding claim 19, Ouin discloses the limitations of claim 16, as described above, and further discloses the sensor is configured to monitor an operating parameter of the vibration generation device (Brewer, 0154).
Regarding claim 21, Ouin discloses the limitations of claim 16, as described above, and further discloses the head has a wall and a plurality of fingers extending from the wall (Ouin, see annotated Figs. 1 and 1' above), a plurality of tooth cleaning elements (Ouin, Fig. 4 element 215) extending from the wall and the plurality of fingers (Ouin, Fig. 4).
Regarding claim 25, Ouin discloses the limitations of claim 16, as described above, and further discloses one of a current, an amplitude, or a frequency of the vibration generation device is configured to be altered during a brushing routine in response to input from the sensor, wherein the processor is configured to adjust one of the current, amplitude, or frequency of the vibration generation device to increase excitation of a plurality of tooth cleaning elements of the head (Ouin, 0093-0094, where "a control means configured to adapt a brushing cycle…based on identification of a user" (0093) where the identification of a user includes information regarding "number of pulsations/vibrations chosen by the user" (0094) corresponds to the processor being configured to either increase or decrease excitation of the plurality of tooth cleaning elements by either increasing or decreasing a frequency of the vibration generation device during a brushing routine in response to input from the sensors, such as when switching between the one head a different head).
Regarding claim 27, Ouin discloses the limitations of claim 16, as described above, and further discloses the processor is configured to alter a duration of a brushing routine in response to input from the sensor (Ouin, 0093 and 0127, where "a control means configured to adapt a brushing cycle…based on identification of a user" (0093) where the identification of a user includes information regarding "time duration for brushing cycle" (0127) corresponds to the processor being configured to adjust a duration of a brushing routine in response to input from the sensor).
Regarding claim 28, Ouin discloses the limitations of claim 16, as described above, and further discloses a second head (Ouin, Fig. 7 elements 2 and 4, 0124), the sensor configured to sense which of the head or the second head is coupled to the handle (Brewer, 0154), wherein the head has a first moment of inertia and the second head has a second moment of inertia which is less than the first moment of inertia (Ouin, Figs. 1 and 7, where each of the first head has a first moment of inertia and the second head has a second moment of inertia and the second moment of inertia is less than the first moment of inertia as there is more mass further away from the center of the axis of rotation (i.e. the longitudinal axis of the oral care implement (10) in the first head than in the second head).
Regarding claim 30, Ouin discloses the limitations of claim 16, as described above, and further discloses the characteristic is indicative of a moment of inertia of the head (Brewer, 0154).
Regarding claim 31, Ouin discloses, a method of operating an oral care implement comprising:
a) providing a handle (Fig. 1 element 6), the handle comprising a vibration generation device (0075, where "at least one mechanical actuator" corresponds to a vibration generation device), a processor (0093, where "control means" corresponds to a processor) operably coupled to the vibration generation device (0093-0094 and 0127, where the processor being configured to monitor "duration of pulsations/vibrations" corresponds to the processor being coupled to the vibration generation device), a memory operably coupled to the processor (0097, where "memory module" corresponds to a memory); and a sensor operably coupled to the processor (0080 and 0093, where the combination of both sensors discussed in 0080 and 0093 corresponds to a sensor and where the sensor "triggers the communication module to communicate with a control means" (0080) and also being a subset of the processor (0093) corresponds to the sensor being operably coupled to the processor);
b) coupling a head to the handle (0080);
c) initiating a brushing routine (0030, where "trigger a brushing cycle" corresponds to initiating a brushing routine), the brushing routine comprising causing the vibration generation device to emit vibrations (0127, where "the brushing cycle may be operated in form of vibration patterns of the mouthpiece" corresponds to the brushing routine comprising causing the vibration generation device to emit vibrations);
d) sensing, via the sensor, a characteristic of the head (0080-0081, where the sensor is used for "recognizing the connecting element 4 and the cleaning head 2" (0080) which includes information on "type of cleaning head" (0081), where the different types of cleaning heads, such as the two types of heads shown in Figs. 1 and 7, have different moments of inertia, which corresponds to a characteristic of the head, due to the different material densities and mass distribution about the relative axes of rotation);
e) altering an operating parameter of the vibration generation device based on the characteristic sensed by the sensor (0093-0094, where "a control means configured to adapt a brushing cycle based on…type of the cleaning head" (0093) where the identification of a user includes information regarding "number of pulsations/vibrations chosen by the user" (0094) corresponds to the processor altering a frequency (i.e. an operating parameter) of the vibration generation device based on the characteristic of the head).
Ouin fails to disclose that sensing, via the sensor, the characteristic of the head is performed by monitoring at least one of (i) a vibration response of the handle and (ii) an operating parameter of the vibration generation device.
Ouin is also concerned with a method of operating an oral care implement and teaches that sensing, via the sensor (0154, where the structure which detects the EMF from the motor corresponds to a sensor), the characteristic of the head is performed by monitoring at least one of (i) a vibration response of the handle and (ii) an operating parameter of the vibration generation device (0154, where “the motor operation may be monitored on a continuous or intermittent basis and the electromotive force (EMF) detected from the motor may be used to determine the natural resonant frequency of the motor…Multiple brush heads having different inertia properties may also be detected and identified using this system, thereby identifying different users and, optionally, matching different protocols or programmed features to the different users and/or brush heads” corresponds to sensing, via the sensor, the characteristic of the head by monitoring an operating parameter of the vibration generation device (i.e. motor)). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Ouin discloses the invention except that the sensor senses the characteristic of the head by monitoring “a communication module, a scannable code, a mechanical arrangement, an electronic arrangement or a combination thereof” (0080) instead of an operating parameter of the vibration generation device. Brewer shows that a sensor which senses the characteristic of the head by monitoring on an operating parameter of the vibration generation device is an equivalent structure known in the art (i.e. both sensors are capable of identifying different oral care implement heads attached to the handle). Therefore, because these two sensor types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a sensor which senses the characteristic of the head by monitoring on an operating parameter of the vibration generation device for a sensor which senses the characteristic of the head by monitoring “a communication module, a scannable code, a mechanical arrangement, an electronic arrangement or a combination thereof”.
Response to Arguments
Applicant’s arguments filed 06/16/2026 with respect to the rejection(s) of claim(s) 1-2, 4, 6-10, 13-17, 19, 21, 25, 27-28, and 30-31 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ouin et al. (US20200253703) in view of Brewer et al. (US20070011836).
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.
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/C.A.H./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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