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 .
Priority
Claims 1-20 have an effective filing date of March 29, 2024.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first trace and the second trace integrally formed with a rail of claims 10-12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The Examiner notes that Fig. 9 shows a “trace 130” as integral with nubs and a “130B” which is not described and does not appear to connected to a rail as it points to an element within the frame 140 above the foam compression pad 164.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a majority of the first trace and a majority of the second trace being disposed on an outer surface of the frame of claims 15-17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The Examiner notes that Fig. 6 shows reference numerals “130A” and “130B” which are not described. In addition, Fig. 9 shows reference numeral 130B pointed to a surface within the frame 140.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “20” has been used to designate both an overmold (Figs. 1-2 and Fig. 9, lower right-hand side on end 110b) and a mold (Fig. 9, upper 120 points to the middle of the body 110).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 2, line 30 through page 3, line 1, the recitation of “a second electrically coupled” appears to be a typo as the first trace is coupled with a first electrical coupling. The Examiner suggests replacing “a second electrically coupled” with --second electrical coupling-- to be consistent with claim language.
Page 11, line 12, the recitation of a “first polarity 132A” is incorrect as reference numeral “132A” describes rails of a first polarity. The Examiner suggests deleting “132A” from line 12 on page 11.
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.
Claims 1-20 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.
Claim 1 recites “a frame substantially enclosing the electrical circuit” in line 4, and then refers to “the enclosure” in lines 13-14 of the claim. It is unclear if “the enclosure” should refer to the frame that substantially encloses of line 4, or, if another enclosure is being referred to as in claim 13, line 2. Accordingly, the scope of claims 1-20 is indefinite.
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.
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.
Claims 1-5, 8-14, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 2019/0167979 to Ruflin et al. (hereinafter referred to as “Ruflin”) in view of US Patent Application Publication No. 2018/0178005 to Johansson et al. (hereinafter referred to as “Johansson”).
Referring to claim 1, Ruflin discloses a device (e.g., Figs. 1-8, 100) comprising: an electrical circuit comprising an electrical power source (e.g., paragraph [0038]: electronics module 148 houses a circuit 200 shown in Fig. 9 including a power supply 230); a frame substantially enclosing the electrical circuit (e.g., paragraph [0036]: body 110 includes insulative material 170 and electrically conductive material 160; and Fig. 6 -body 110 substantially enclosing the electronics module 148), the frame defining passage therethrough to enable a plurality electrical couplings to the power source; (e.g., paragraphs [0036]-[0037]: conductive material 180 is placed into electrical communication with electronics module 148 through one or more connection passages 174 as shown in Figs. 6 and 9); a first wire electrically coupled with a first of the electrical couplings (e.g., paragraph [0036]: A wire or other electrical connection can be used to connect electronics module to conductive material such as cathodic stem 152 shown in Figs. 6 and 9); a second wire electrically coupled with a second of the electrical couplings (e.g., paragraphs [0036]-[0037]: A wire or other electrical connection can be used to connect electronics module to conductive material such as anodic stem 162 shown in Figs. 6 and 9); and an electrically insulative body extending longitudinally along an axis from a first end to a second end and surrounding a majority of the enclosure and insulating the first wire from the second wire (e.g., paragraph [0036]: insulative material 170 is molded in a mold which may include a removable insert defining wells 172 that receive conductive material after the insulative material has cured indicates that the insulative material extends along an longitudinal axis from a first end to a second end and surrounds a majority of an enclosure and separates/insulates the cathodic elements from the anodic elements), wherein the first wire is electrically coupled with a first electrically conductive surface extending through the insulative body and radially outward from the insulative body (e.g., paragraph [0037]), and wherein the second wire is electrically coupled with a second electrically conductive surface extending through the insulative body and radially outward from the insulative body (e.g., paragraphs [0036]-[0037] and Fig. 9).
Ruflin differs from the claimed invention in that it does not expressly disclose that the electrical connections between the power source and the two electrically conductive surfaces is a trace. However, Johansson, in a related art: oral device with activating element, teaches that an activating member includes a power source for powering an activating element (electrodes) (e.g., paragraph [0045]) and that the electrical connections between the electrodes 224, 228 (electrically conductive surfaces extending through an insulative body) and the power source may be electrical traces formed on the surfaces of the insert, instead of wires embedded in the surface (e.g., paragraph [0054]). Accordingly, one of ordinary skill in the art would have recognized the benefits of using traces to electrically couple electrically conductive surfaces extending through an insulating body to the power source in view of the teachings of Johansson. Consequently, one of ordinary skill in the art would have modified the device of Ruflin so that a first trace and a second trace are used to electrically couple the first and second electrically conductive surfaces that extend through the insulative body in view of the teachings of Johansson that such was a well-known engineering expedient in the oral stimulation art, and because the combination would have yielded a predictable result.
As to claim 2, Ruflin in view of Johansson teaches the device according to claim 1, wherein the first electrically conductive surface comprises a first rail and a first plurality of nubs (e.g., paragraph [0037] of Ruflin: cathodic stem 152 and a plurality of cathodic branches 154 (nubs) which are disposed on the radially outermost surface of respective ridges 116 of body 110; Figs. 1-2).
With respect to claim 3, Ruflin in view of Johansson teaches the device according to claim 1, wherein the second electrically conductive surface comprises a second rail and a second plurality of nubs (e.g., paragraph [0037] of Ruflin: anodic stem 152 and a plurality of anodic branches 164 (nubs) where the anodic stem extends along a majority of the length of the body, generally parallel to the longitudinal axis and the anodic branches 164 are disposed on the radially outermost surface of each ridge 116; Figs. 1, 6, and 8).
As to claim 4, Ruflin in view of Johansson teaches the device according to claim 3, wherein the first electrically conductive surface comprises a first rail and a first plurality of nubs (e.g., paragraph [0037] of Ruflin: cathodic stem 152 and a plurality of cathodic branches 154 (nubs) which are disposed on the radially outermost surface of respective ridges 116 of body 110; Figs. 1-2).
With respect to claim 5, Ruflin in view of Johansson teaches the device according to claim 4, wherein the first plurality of nubs and the second plurality of nubs are positioned in an alignment in a longitudinal direction parallel to the axis (e.g., paragraph [0037] of Ruflin: anodic branches 164 extend from anodic stem 162 extends along the majority of the length of the body, generally parallel to the longitudinal axis of the body, and cathodic branches 154 extend from cathodic stem 152 extends along the majority of the length of the body, generally parallel to the longitudinal axis of the body where the anodic stem is diametrically opposed from the cathodic stem).
As to claim 8, Ruflin in view of Johansson teaches the device according to claim 4, wherein the first rail and the second rail extend longitudinally along a majority of a length of the device between the first end and the second end (e.g., paragraph [0037] of Ruflin and Figs. 1, 152 and 6, 162).
With respect to claim 9, Ruflin in view of Johansson teaches the device according to claim 8, wherein the first plurality of nubs and the second plurality of nubs are positioned in an alignment in a longitudinal direction parallel to the axis, the alignment located between the first rail and the second rail (e.g., paragraph [0037] and Figs. 1 and 3 where the cathodic stem 152 (first rail) and the anodic stem 162 are opposed diametrically from one another and cathodic branches 154 anodic branches 164 are positioned in alignment between the first rail and the second rail).
As to claim 10, Ruflin in view of Johansson teaches the device according to claim 4, wherein the first trace is integrally formed with at least one of the first rail and the first plurality of nubs (e.g., paragraph [0037] of Ruflin: cathodic branches 154 are formed integrally with the stem 152, and anodic branches 164 are formed integrally with the stem 162).
With respect to claim 11, Ruflin in view of Johansson teaches the device according to claim 4, wherein the second trace is integrally formed with at least one of the second rail and the second plurality of nubs (e.g., paragraph [0037] of Ruflin: cathodic branches 154 are formed integrally with the stem 152, and anodic branches 164 are formed integrally with the stem 162).
As to claim 12, Ruflin in view of Johansson teaches the device according to claim 11, wherein the first trace is integrally formed with at least one of the first rail and the first plurality of nubs (e.g., paragraph [0037] of Ruflin: cathodic branches 154 are formed integrally with the stem 152, and anodic branches 164 are formed integrally with the stem 162).
With respect to claim 13, Ruflin in view of Johansson teaches the device according to claim 1, further comprising an enclosure at least substantially containing the power source, the enclosure being received within the frame (e.g., paragraph [0038]: electronics module 148 houses a circuit 200 and a power source 230).
As to claim 14, Ruflin in view of Johansson teaches the device according to claim 1, wherein the electrical circuit is defined at least in part by a printed circuit board (e.g., paragraph [0038]: circuit 200 includes a control board 210 of known types).
With respect to claim 15, Ruflin in view of Johansson teaches the device according to claim 1, wherein a majority of the first trace is disposed on an outer surface of the frame (e.g., paragraph [0054] of Johansson: connections made between electrodes 224, 228 and the power source are made by leads 221, 226 that are formed on one of the surfaces of the insert of Figs. 2A-B).
As to claim 16, Ruflin in view of Johansson teaches the device according to claim 1, wherein a majority of the second trace is disposed on an outer surface of the frame (e.g., paragraph [0054] of Johansson: connections made between electrodes 224, 228 and the power source are made by leads 221, 226 that are formed on one of the surfaces of the insert of Figs. 2A-B).
With respect to claim 17, Ruflin in view of Johansson teaches the device according to claim 16, wherein a majority of the first trace is disposed on the outer surface of the frame (e.g., paragraph [0054] of Johansson: connections made between electrodes 224, 228 and the power source are made by leads 221, 226 that are formed on one of the surfaces of the insert of Figs. 2A-B).
Accordingly, one of ordinary skill in the art would have modified the device of Ruflin in view of Johansson further to have the features of claims 15-17 in view of the teachings of Johansson. Consequently, one of ordinary skill in the art would have modified the device of Ruflin in view of Johansson so that the first and second trace is disposed on an outer surface of the frame in view of the teachings of Johansson that such was a well-known engineering expedient in the oral stimulation art, and because the combination would have yielded a predictable result.
Regarding claim 18, Ruflin in view of Johansson teaches a method comprising the steps of: providing a device according to claim 1 to a domesticated animal (e.g., paragraph [0043] of Ruflin: the present invention may be used to reduce oral bacterial and/or biofilm, as well as to treat diseases associated with oral bacteria in non-human animals including dogs and cats); and using the electrical circuit, delivering an electrical current to, through, or across at least one of a tooth, gingival tissue, and saliva located in or about a mouth of the animal (e.g., paragraph [0042] of Ruflin: delivering electrical current through the electrodes and to at least one of saliva and oral tissue (e.g., dental tissue, gingival tissue, periodontal tissue, and oral mucosa tissue).
With respect to claim 19, Ruflin in view of Johansson teaches the method according to claim 18, wherein the animal is selected from the group consisting of a bovine, ovine, canine, equine, caprine, and porcine (e.g., [0043]-[0048] of Ruflin).
As to claim 20, Ruflin in view of Johansson teaches the method according to claim 18, wherein the delivery of electrical current provides at least one of a therapeutic, prophylactic, and regenerative benefit (e.g., abstract: electrodes are used to deliver an electric current to gingival tissues of a mouth to achieve therapeutic, prophylactic, and regenerative benefits).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ruflin in view of Johansson as applied to claim 5 above, and further in view of US Patent Application Publication No. 2014/0093832 to Nemeh et al. (hereinafter referred to as “Nemeh”).
With respect to claim 6, Ruflin in view of Johansson teaches the device according to claim 5, but does not expressly disclose that the first plurality of nubs and the second plurality of nubs alternate along the alignment. However, Nemeh, in a related art: treatment of oral and systemic maladies in animals using electrical current, teaches that electrodes extend substantially longitudinally along the body and alternate cathodic electrode (nub)/anodic electrode (nub) about the body periphery (e.g., Nemeh paragraph [0125] and Figs. 17A-17B, electrodes 940, 942). Ruflin discloses that alternative shapes and configuration that maintain a spaced cathodic electrode 150 and anodic electrode 160 configuration are within the scope of the present invention (e.g., paragraph [0037]). Thus, Ruflin contemplated other cathodic electrode/anodic electrode configurations. Accordingly, one of ordinary skill in the art would have recognized the benefits of alternating the cathodic electrode and the anodic electrode about the body in view of the teachings of Nemeh. Consequently, one of ordinary skill in the art would have modified the device of Ruflin in view of Johansson so that the first plurality of nubs and the second plurality of nubs alternate along the alignment in view of the teachings of Nemeh that such was a well-known configuration for electrodes in the oral stimulation art, and because the combination would have yielded a predictable result.
As to claim 7, Ruflin in view of Johansson teaches the device according to claim 6, wherein the first plurality of nubs and the second plurality of nubs singularly alternate along the alignment e.g., paragraph [0037] of Ruflin: Alternative shapes and configurations that maintain a spaced cathodic electrode and anodic configuration are within the scope of the present invention; and Nemeh paragraph [0125] and Figs. 17A-17B, electrodes 940, 942). Accordingly, one of ordinary skill in the art would have recognized the benefits of alternating the cathodic electrode and the anodic electrode about the body in view of the teachings of Nemeh. Consequently, one of ordinary skill in the art would have modified the device of Ruflin in view of Johansson so that the first plurality of nubs and the second plurality of nubs singularly alternate along the alignment in view of the teachings of Nemeh that such was a well-known configuration for electrodes in the oral stimulation art, and because the combination would have yielded a predictable result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication No. 2023/0347139 to Leimkuehler, Jr. et al. is directed to systems and methods related to intraoral electrical stimulation where traces 140 are formed on a surface of a frame of electrically insulative material in order to connect electrodes to circuitry in the controller 300 (e.g., paragraph [0076]).
US Patent No. 10,448,615 to Mullin is directed to pet toys with defensive defection curves that includes nubs aligned with the longitudinal axis of the body.
US Patent No. 6,067,941 to Axelrod is directed to an animal device chew comprising a low voltage battery and various conductors where when the animal chews on the device an electrical circuit is formed and micro-current flows to provide a therapeutic effect on the animal’s teeth and gums (e.g., Abstract and column 4, lines 47-65).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M VOORHEES whose telephone number is (571)270-3846. The examiner can normally be reached Monday-Friday 8:30 AM to 4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at 571 272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CATHERINE M VOORHEES/Primary Examiner, Art Unit 3792