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 .
Terminal Disclaimer
The terminal disclaimer filed on 4/22/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent #11,278,384 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 45-64 is rejected under 35 U.S.C. 103 as being unpatentable over Serval et al. (Pub # US 2018/0125623 A1), and further in view of Farrell et al. (Pub #US2008/0109973 A1).
Consider claim 45, Serval et al. teaches a method comprising: receiving, by an application executing on a client device including one or more processors, motion data, the motion data being generated by one or more motion sensors of a toothbrush and being indicative of motion of the toothbrush during a brushing session [0049]; using the motion data, identifying, by the application, a first location of the toothbrush in a mouth of a user during a first portion of the brushing session [0105]; and causing, by the application, a schematic of a dentition of the user to be presented via a user interface of the client device during the brushing session [0088].
Serval et al. does not specifically teach a schematic of a dentition of the user including a visual indication of the first location of the toothbrush in the mouth.
In the same field of endeavor, Farrell et al. teaches a tooth brush application with a schematic of a dentition of the user including a visual indication of the first location (quadrants) of the toothbrush in the mouth [0045] for the benefit of providing visual feedback to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a tooth brush application with a schematic of a dentition of the user including a visual indication of the first location as shown in Farrell et al., in Serval et al. method of the toothbrush in the mouth as shown in Farrell et al. in Serval et al. method for the benefit of providing visual feedback to the user.
Consider claim 46, Serval et al. teaches discloses the method, wherein the schematic further includes an indication of how much time remains for brushing [0072].
Serval et al. does not teach wherein the schematic of dentition of the user further including a visual indication.
In the same field of endeavor, Farrell et al. teaches wherein the schematic of dentition of the user further including a visual indication [0041] for the benefit of providing the visual display to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the schematic of dentition of the user further including a visual indication as shown in Farrell et al., in Serval et al. method for the benefit of providing the visual display to the user.
Consider claim 47, Serval et al. clearly shows and discloses the method, wherein the schematic of the dentition of the user further includes a visual indication (52, Fig. 3A) of brushing sufficiency [0114].
Consider claim 48, Serval et al. clearly shows and discloses the method, wherein the visual indication of brushing sufficiency includes visual indications (52, Fig. 3A) of brushing sufficiency for each section of the mouth of the user [0114].
Consider claim 49. Serval et al. teaches similar invention.
Serval et al. does not teach the method, wherein the visual indication of brushing sufficiency is depicted via color.
In the same field of endeavor, Farrell et al. teaches the method, wherein the visual indication of brushing sufficiency is depicted via color [0037] for the benefit of providing the distinct status.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the visual indication of brushing sufficiency is depicted via color as shown in Farrell et al., in Serval et al. method for the benefit of providing the distinct status.
Consider claim 50. Serval clearly shows and discloses the method, wherein the visual indication of brushing sufficiency is presented in real time [0048].
Consider claim 51, Serval et al. teaches the method, further comprising: using the motion data, identifying, by the application, a second location of the toothbrush in the mouth of the user during a second portion of the brushing session; causing, by the application, the schematic of the dentition including an indication of the second location to be presented via the user interface of the client device during the brushing session [0091].
Serval et al. does not specifically teach a schematic of a dentition of the user including a visual indication of the second location of the toothbrush in the mouth.
In the same field of endeavor, Farrell et al. teaches a tooth brush application with a schematic of a dentition of the user including a visual indication of the second location (quadrants, 110-120, Fig. 6) of the toothbrush in the mouth [0045] for the benefit of providing visual feedback to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a tooth brush application with a schematic of a dentition of the user including a visual indication of the second location as shown in Farrell et al., in Serval et al. method of the toothbrush in the mouth as shown in Farrell et al. in Serval et al. method for the benefit of providing visual feedback to the user.
Consider claim 52, Serval et al. teaches the method, wherein the indication of the second location is presented via the user interface of the client device during the second portion of the brushing session [0088].
Serval et al. does not teach wherein the schematic of dentition of the user further including a visual indication.
In the same field of endeavor, Farrell et al. teaches wherein the schematic of dentition of the user further including a visual indication [0041] for the benefit of providing the visual display to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the schematic of dentition of the user further including a visual indication as shown in Farrell et al., in Serval et al. method for the benefit of providing the visual display to the user.
Consider claim 53, Serval et al. teaches the method, further comprising: compiling, by the application based on the motion data, historical brushing information for the user, wherein the historical brushing information includes (i) an average time spent brushing per day, (ii) an average time spent brushing each section of the mouth of the user, (iii) average number of times the user brushes per day, (iv) brushing activity for a day, of (v) any combination of (i) - (iv); and causing, by the application, an indication of the historical brushing information to be presented via the user interface of the client device [0115].
Serval et al. does not specifically teach a visual indication of the historical brushing information.
In the same field of endeavor, Farrell et al. teaches a visual indication of the historical brushing information [0038] for the benefit of analyzing and displaying the personal care.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a visual indication of the historical brushing information as shown in Farrell et al., in Serval et al. method for the benefit of analyzing and displaying the personal care.
Consider claim 54, Serval et al. clearly shows and discloses the method, further comprising: using the motion data, determining, by the application, a brushing pressure; and causing, by the application, a visual indication of the brushing pressure to be presented via the user interface of the client device [0072].
Consider claim 55, Serval et al. teaches the method, wherein the schematic and the visual indication of the brushing pressure are presented simultaneously via the user interface of the client device [0049-0050].
Serval et al. does not teach the schematic of the dentition of the user.
In the same field of endeavor, Farrell et al. teaches the schematic of the dentition of the user [0045] for the benefit of providing location display.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include teaches the schematic of the dentition of the user as shown in Farrell et al., in Serval et al. method for the benefit of providing location display.
Consider claim 56, Serval et al. teaches the method, wherein the schematic further includes a visual indication of time spent brushing each section of the mouth of the user [0072].
Serval et al. does not teach the schematic of the dentition of the user.
In the same field of endeavor, Farrell et al. teaches the schematic of the dentition of the user [0045] for the benefit of providing location display.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include teaches the schematic of the dentition of the user as shown in Farrell et al., in Serval et al. method for the benefit of providing location display.
Consider claim 57, Serval et al. teaches the method, wherein the schematic further includes a visual representation of (i) sections of the mouth of the user that have been brushed, (ii) accuracy of brushing in each section of the mouth of the user, or (iii) both (i) and (ii) [0106].
Serval et al. does not teach the schematic of the dentition of the user.
In the same field of endeavor, Farrell et al. teaches the schematic of the dentition of the user [0045] for the benefit of providing location display.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include teaches the schematic of the dentition of the user as shown in Farrell et al., in Serval et al. method for the benefit of providing location display.
Consider claim 58, Serval et al. clearly shows and disclose the method, wherein the one or more motion sensors include (i) a gyroscope, (ii) an accelerometer, (iii) a magnetometer, (iv) an inertial sensor, (v) a gyrometer, or (vi) any combination of (i) - (v) [0073].
Consider claim 59, Serval et al. teaches the method, wherein the application determines the first location based on a comparison of a current position of the toothbrush to calibration [0081].
Serval et al. does not teach the application determines the location of the toothbrush in the mouth of the user.
In the same field of endeavor, Farrell et al. teaches the application determines the location of the toothbrush in the mouth of the user [0046] for the benefit of tracking the location in the mouth.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the application determines the location of the toothbrush in the mouth of the user as shown in Farrell et al., in Serval et al. method for the benefit of tracking the location in the mouth.
Consider claim 61, Serval et al. teaches the method, wherein the first location is a section of the mouth of the user [0058].
Serval et al. does not teach wherein the first location of the toothbrush in the mouth of the user.
In the same field of endeavor, Farrell et al. teaches wherein the first location of the toothbrush in the mouth of the user [0045-0046] for the benefit of displaying corresponding location in the mouth.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first location of the toothbrush in the mouth of the user as shown in Farrell et al., in Serval et al. method for the benefit of displaying corresponding location in the mouth.
Consider claim 62, Serval et al. clearly shows and disclose the method, further comprising: using the motion data, determining, by the application, a brushing recommendation; and causing, by the application, a visual indication of the brushing recommendation to be presented via the user interface of the client device [0072].
Consider claim 63, Serval et al. clearly shows and disclose the method, further comprising: storing, during the brushing session in a memory of the toothbrush, the motion data [0049-0050].
Consider claim 64, Serval et al. clearly shows and disclose the method, further comprising: transmitting, from the memory of the toothbrush to the application executing on the client device, the motion data, wherein the motion data is transmitted (i) during the brushing session, (ii) after the brushing session, or (iii) both (i) and (ii) [0053].
Response to Arguments
Applicant’s arguments with respect to claims 45-64 have been considered but are moot because the newly amened claim limitations have been analyzed and rejected in rejection as set forth above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK K WANG whose telephone number is (571)272-1938. The examiner can normally be reached M-F 9AM - 5PM.
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/JACK K WANG/Primary Examiner, Art Unit 2686
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