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 .
Election/Restrictions
Applicant’s election without traverse species 1, claims 1-6 in the reply filed on 04/06/2026 is acknowledged. Claims 7-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claim 7 is drawn to non-elected species with specific limitations regarding operation mode II and III. Claims 8-19 depends from claim 7, thus claims 7-19 are withdrawn from further considerations.
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 1-6 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 the limitation "the teeth cleaner" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 20 is/are rejected under 35 U.S.C. 102(a)() as being anticipated by Van Dijk (11,191,624).
Van Dijk discloses a mouthpiece-type teeth cleaner (figures 1-13), comprising: an excitation source (e.g. pressurizing and depressurizing chambers), configured/capable to generate one or more groups of alternating excitation signals; and a cleaning system (e.g. 24), configured to generate one or more cleaning operations according to the excitation signals, with different cleaning actions applied to various parts of the teeth; wherein the teeth cleaner has a correlation between the cleaning operation and the cleaning action and each part of the tooth, and the correlation enables each part of the tooth to be individually cleaned (figs 1-13).
Regarding claims 2-6, the manner in which the correlation is established, cleaning system established, groove operation scribing system, correlation detection and the mouthpiece manufactured is product by process claim. The Van Dijk mouthpiece is capable of being correlated and manufactured as claimed by any method to achieve the claimed structures. To properly meet a product-by- process claim it is only necessary to show the final product, the process is given no patentable weight unless it can be shown with evidence that the process necessarily results in a structure different than the prior art. As all the claimed structure is shown, no patentable weight is given to the process used to form the structure. See MPEP 2113 and 2173.05(p).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Patel Yogesh whose telephone number is (571) 270-3646. The examiner can normally be reached between 9 AM – 5:30 PM on Monday, Thursday and Friday.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE Bosques Edelmira, at (571) 270-5614.
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/YOGESH P PATEL/ Primary Examiner, Art Unit 3772
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