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 .
Response to Amendment
This office action is responsive to a preliminary amendment filed on 2/26/2024. As directed by the amendment, claims 3-4, 7-8, 10-11, 13-14, 19, and 22 were amended, claims 20-21 and 23-24 were cancelled, and no new claims were added. Thus, claims 1-19 and 22 are presently pending in this application.
Drawings
The drawings are objected to as failing to comply with PCT Article 7, Rule 11.13(L) because they include the following reference character(s) not mentioned in the description: the reference numeral “404” was not mentioned in the specification.
Furthermore, the drawings are objected to because fig. 1A shows an upper catch 112a pointing at a lower catch.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains phrase that is implied, (i.e., the term “is disclosed” in line 1 of the abstract). Correction is required. See MPEP § 608.01(b).
The abstract of the disclosure is objected to because it contains less than 50 words. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the limitations “a first alignment feature…wherein the first alignment feature and the second alignment feature engage to align the chassis within the housing cavity” (claim 3, lines 2-4, the term “feature” is a generic placeholder and the function is “first alignment” and “first alignment feature and the second alignment feature engage to align the chassis within the housing cavity”), “a second alignment feature, wherein the first alignment feature and the second alignment feature engage to align the chassis within the housing cavity” (claim 3, lines 2-4, the term “feature” is a generic placeholder and the function is “second alignment” and “first alignment feature and the second alignment feature engage to align the chassis within the housing cavity”), “the first alignment feature” (claim 4, lines 1-2), “the second alignment feature” (claim 4, line 2),
It is noted that the limitations “the first alignment feature” and “the second alignment feature” in claims 5 and 6 no longer invokes 112(f).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“first alignment feature”: first alignment feature 186, may be defined as a post that extends upward or defined as a male shaped feature configured to be positioned within a female shaped connector, see paragraph 0084 of the specification filed on 2/26/2024.
“second alignment feature”: second alignment feature 192 may be defined as an extension from the interior wall of the body 146 and may extend partially, if not fully, along the length of the body 146, or may be defined as a rectangular shaped structure and may include one or more ribs 190a, 190b, or may act as a wall that separates the pocket 194 from the housing cavity 142, see paragraphs 0085-0086 of the specification filed on 2/26/2024.
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 16-19 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 pre-AIA the applicant regards as the invention.
Regarding claim 16, the limitation “the vent” (line 2) lacks proper antecedent basis. It is unclear if “the vent” is referring to the vent tube (claim 15, line 7) or a different structure.
Regarding claim 17, the limitation “housing,” (line 2) is unclear if there are additional limitations being claimed or not, since a period is missing from the claim.
Regarding claim 18, the limitation “a latch compartment” (line 4) is unclear as to what the structure relationship between the latch compartment and housing, chassis, or the oral irrigator is.
Regarding claim 19, the limitation “a vent cover positioned over the second vent hole” (line 2) is unclear if the vent cover in line 2 of claim 9 is the same as or different from “a vent cover” being claimed in claim 16, line 1, it is noted that claim 19 is dependent on claim 16.
Any remaining claims are rejected for their dependency on a rejected base claim.
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.
(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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luettgen (2016/0151133).
Regarding claim 1, Luettgen discloses an oral irrigator (100, fig. 1A, paragraph 0063) comprising: a housing (body 102 including front shell 138 and back shell 140, fig. 1A, paragraphs 0063-0066) defining a housing cavity (see cavity within 102, figs. 1A-3); and a chassis (182 and 184, fig. 5A, paragraphs 0117-0132) received within the housing cavity (fig. 5A), wherein a plurality of components (see all of the components that are mounted into/onto 182 and 184, which includes 202, 200, 250, 186, 188, 204, 210, 214, 192, 212, 208, 426, 434, 436, 432, 258, 256, 264, 270, 248, 242, 268, 274, 422, 294, 288, 298, 424, 430, 251, 254, 249, 438, 252, 260, 272, 202, 246, 240, 238, 172, 412A, 412B, figs. 5A-8B, see paragraphs 0117-0132) received within the housing cavity are mounted to the chassis and inserted into the housing cavity via the chassis (see figs. 1A-8B).
Regarding claim 2, Luettgen discloses that all the components received within the housing cavity are secured to the chassis (the components are being defined as any components that are received within the housing cavity that are secured to the chassis (182 and 184), see figs. 1A-8B).
Regarding claim 3, Luettgen discloses that the housing comprises a first alignment feature (152a-152k, paragraph 0129 and fig. 4, alternatively, the first alignment feature is 142 and 144, see figs. 3-8B, paragraph 0067) and the chassis comprises a second alignment feature (corresponding pins or screws that are part of 182/184 and that are connected to the connecting posts 152a-152k, paragraph 0129, alternatively, the second alignment feature is 214 attached to 210 and 212 attached to 208 (fig. 7), see paragraphs 0067 and 0128), wherein the first alignment feature and the second alignment feature engage to align the chassis within the housing cavity (see figs. 1A-8B and paragraphs 0067, 0068, 0077, 0120 and 0128-0129).
Regarding claim 4, Luettgen discloses that the first alignment feature and the second alignment feature are secured together to anchor the chassis in positioned within the housing cavity (see figs. 1A-8B and paragraphs 0068 and 0129).
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Regarding claim 5, Luettgen discloses that the first alignment feature comprises two ribs (two ribs of 142, see the annotated-Luettgen fig. 4 above or alternatively, the two ribs are formed by each rib of 142/144) and the second alignment feature comprises an edge of the chassis (under the interpretation that the two ribs are formed by two ribs of 142, then the second alignment feature is edge of 214 that interface with 142, see paragraphs 0067 and 0128, under the interpretation that the two ribs are formed by a rib 142 and a rib 144, then the edge is the edge of 214 (attached to 210) or 212 (attached to 208), such that the edge can be an edge of 214 or an edge of 212, see figs. 3, 4, 5A-5B and 7, paragraphs 0077, 0120 and 0129).
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Regarding claim 6, Luettgen discloses that the first alignment feature comprises a post (152b or 152k, fig. 4) and the second alignment feature comprises a tab that seats on the post (see the annotated-Luettgen figs. 4, 6 and 27 above).
Claims 1-3 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (2019/0201175).
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Regarding claim 1, Li discloses an oral irrigator (entire device shown in figs. 1-2, see paragraph 0017) comprising: a housing (body 4, bottom cap 10, and button 2, fig. 1, paragraphs 0017-0018 and 0023-0026) defining a housing cavity (cavity within 4 and 10, see figs. 1-2); and a chassis (the two chassis parts in the annotated-Li fig. 1 above and 22, 29, 15, 16, paragraphs 0018-0027) received within the housing cavity, wherein a plurality of components received within the housing cavity are mounted to the chassis and inserted into the housing cavity via the chassis (see figs. 1-5, the components are the components mounted within the chassis which includes components such as 38, 39, 40, 28, 27, 26, 30, 31, 23, 22, 21, 18, 20, paragraphs 0018-0027).
Regarding claim 2, Li discloses all the components received within the housing cavity are secured to the chassis (the components are being interpreted as any component that are received within the housing cavity that are secured to the chassis, see figs. 1-5).
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Regarding claim 3, Li discloses that the housing comprises a first alignment feature (button 2 or post of button 2, see the annotated-Li fig. 8 above, see paragraph 0027) and the chassis comprises a second alignment feature (the tab in the annotated-Li fig. 8 above is being defined as being part of the chassis), wherein the first alignment feature and the second alignment feature engage to align the chassis within the housing cavity (see the annotated-Li fig. 8 above with reference to fig. 9, as shown, the tabs help align the chassis within the housing cavity).
Regarding claim 6, Li discloses that the first alignment feature comprises a post and the second alignment feature comprises a tab that seats on the post (see the annotated-Li fig. 8 above, as shown, the first alignment feature is a post of 2 and the second alignment feature is the tab, the tab is placed in a position such that the tab would help align the chassis with respect to the post of 2).
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Regarding claim 7, Li discloses that the housing further comprises a reservoir aperture (aperture formed by 48, see fig. 8, paragraph 0023) defined through a bottom surface thereof and a boss (see the annotated-Li fig. 8 above) surrounding the reservoir aperture and the chassis comprises a drain port (port formed by 29 that is inserted into 48, see figs. 3 and 8), wherein the drain port interacts with the boss to align the chassis within the housing such that the drain port aligns with the reservoir aperture (see the annotated-Li fig. 8 above and see the annotated-Li fig. 3 above).
Regarding claim 8, Li discloses that the plurality of components comprise a motor (38, figs. 1-3, paragraph 0021), a gear (39, fig. 3, paragraph 0021) driven by the motor, a piston (20, fig. 3, paragraphs 0021-0023), a connecting rod (19, fig. 3, paragraphs 0021-0023) including a first end coupled to the gear and a second end coupled to the piston (see fig. 3, the end closest to 28 is the first end coupled to the gear, and the end closest to the piston 20 is the second end coupled to the piston), and a pump body defining a pump chamber in which the piston is received (see pump 26, fig. 1 and see the annotated-Li fig. 3 above, the pump chamber is the chamber that the piston 20 is positioned within, the pump chamber is formed by pump body (body of 26 and 27 and 28)), wherein the chassis defines a wall at least partially surrounding the first end of the connecting rod, and wherein the pump body includes a cap that covers the wall to enclose the first end of the connecting rod (see the annotated-Li figs. 1 and 3 above, the pump body, the cap is 28 which is considered to be part of the pump body that would cover the wall to enclose the first end of the connecting rod).
Regarding claim 9, Li discloses that the motor and the connecting rod are positioned on opposite sides of the chassis (see fig. 3, the motor 38 and connecting rod 19 are positioned on opposite sides of the chassis).
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Regarding claim 10, Li discloses a battery (47, fig. 1, paragraph 0022) and wherein the battery is positioned along an edge of the chassis adjacent the motor (38) and the connecting rod (19, fig. 3 and the annotated-Li fig. 4 above).
Regarding claim 11, Li discloses that the plurality of components further comprise a seal positioned between the wall and the cap to seal an interface between the wall and the cap (see the annotated-Li fig. 4 above, the seal is formed by the shaft 40, the shaft is between the wall and the cap and would seal an interface between the wall and the cap to a certain degree).
Claims 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo (CN 211610149).
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Regarding claim 15, Guo discloses an oral irrigator (entire device in fig. 1, paragraphs 0023 and 0030-0037 of the English translation) comprising: a housing (3, fig. 1, paragraph 0034); a tip (tip of nozzle 6, fig. 1, paragraph 0037) coupled to the housing (see fig. 1); a reservoir (5, fig. 1, paragraph 0037) coupled to the housing and in fluid communication with the tip (see full disclosure, Guo discloses an oral irrigator that has a pump, the water/liquid from reservoir is being pumped to the nozzle by the pump, see paragraph 0037); a pump (see water pump assembly in paragraphs 0010, 0012, 0019, 0021, 0030, 0032 and 0037) coupled to the housing and configured to pump fluid from the reservoir to the tip (see paragraphs 0010, 0012, 0019, 0021, 0030, 0032 and 0037); and a vent tube (vent tube is the “vent tube” in the annotated-Guo fig. 2 above and the part 2) positioned within the housing, the vent tube fluidly coupled to the reservoir and an external environment of the housing to enable air to enter into the reservoir from the external environment (see fig. 1 and the annotated-Guo fig. 2 above, paragraphs 0030-0035).
Regarding claim 16, Guo discloses a vent cover (7, fig. 2, paragraphs 0030-0035) positioned over a first end of the vent to prevent water from entering into the vent tube (see fig. 1 and the annotated-Guo fig. 2 above, the vent cover 7 would prevent water from entering into the vent tube).
Regarding claim 17, Guo discloses that the vent tube is defined as a flow passage in a wall of the housing (see the annotated-Guo fig. 2 above, the vent tube is defined as a flow passage in a wall of the housing).
Claims 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (2022/0151753).
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Regarding claim 15, Zhou discloses an oral irrigator (1000, fig. 1, paragraphs 0029-0030) comprising: a housing (100, fig. 4, paragraphs 0030-0033); a tip (tip of 300 that is above 100, fig. 3) coupled to the housing; a reservoir (reservoir 200, figs. 1-4 and paragraphs 0030-0031) coupled to the housing and in fluid communication with the tip; a pump (121, fig. 12A, paragraphs 0034-0035) coupled to the housing and configured to pump fluid from the reservoir to the tip (paragraph 0034); and a vent tube positioned within the housing, the vent tube fluidly coupled to the reservoir and an external environment of the housing to enable air to enter into the reservoir from the external environment (see the annotated-Zhou fig. 13 above and paragraphs 0049-0054).
Regarding claim 16, Zhou discloses a vent cover positioned over a first end of the vent to prevent water from entering into the vent tube (see the annotated-Zhou fig. 13 above, the cover is the portion of 200 that covers the inlet 301, the cover would prevent water from enter into the vent tube to a certain degree).
Regarding claim 17, Zhou discloses that the vent tube is defined as a flow passage in a wall of the housing (see the annotated-Zhou fig. 13 above, the vent tube is defined as a flow passage in a wall of the housing 100).
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Regarding claim 18, Zhou discloses that the flow passage is fluidly coupled to the reservoir by a first vent hole (302, figs. 6 and 13, paragraphs 0049-0050) extending through a bottom surface (bottom surface of 111, see the annotated-Zhou fig. 6 above) of the housing at a first end of the flow passage, and wherein the flow passage is fluidly coupled to a latch compartment (the compartment where switch 124 is positioned within is a latch compartment, see paragraph 0036, Zhou discloses that the switch 124 can be a slide switch or toggle switch, which would form a latch) by a second vent hole at a second end of the flow passage (see the annotated-Zhou fig. 13 and fig. 6 above, the latch compartment is within the external environment and the second vent hole is in fluid communication with the external environment, therefore, the flow passage is fluidly coupled to the latch compartment, alternatively, the latch compartment is the space within 100 that also include the compartment that included the latch 124, which is in fluid communication with the vent flow passage/vent tube).
Regarding claim 19, Zhou discloses a vent cover positioned over the second vent hole to prevent water from entering into the latch compartment (see the annotated-Zhou fig. 13 above, the cover is the portion of 200 that covers the inlet 301, the cover would prevent water from entering the latch compartment, see the annotated-Zhou fig. 6 above since the cover is a physical barrier that prevent water adjacent to the cover from entering into the latch compartment); and a hose (250, figs. 4 and 6, paragraphs 0043-0044) positioned between the pump and the reservoir that fluidly couples the reservoir to the pump (see figs. 4 and 6, paragraphs 0043-0044), wherein the reservoir is movable between a first position and a second position relative to the housing (see first position in fig. 4 and see second position in fig. 6).
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 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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li (2019/0201175) in view of Dai (WO 2017148380).
Regarding claim 12, Li discloses a seal (shaft 40) and a cap (gear 28), but fails to disclose that the seal is overmolded on an outer edge of the wall.
However, Dai teaches a shaft overmoded on an outer edge of a wall (see fig. 1 and page 3, lines 23-25 of the English translation, Dai discloses that gear shaft 10 and gear shaft 11 are overmolded on the casing 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft 40 of Li to be overmolded on an outer edge of the wall of Li as taught by Dai for the purpose of providing a method of manufacturing a shaft and a wall that would provide the predictable result of allowing the gear 28 of Li to rotate to drive the connecting rod 19 of Li.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Guo (CN 211610149) in view of Li (2019/0201175).
Regarding claim 18, Guo discloses that the flow passage is fluidly coupled to the reservoir by a first vent hole extending through a bottom surface of the housing at a first end of the flow passage, and the flow passage is fluidly coupled to a compartment by a second vent hole at a second end of the flow passage (see the annotated-Guo fig. 2 above), but fails to disclose that the compartment is a latch compartment.
However, Li teaches a compartment for accommodating a latch (2, figs. 1, 4, and 8-9, paragraph 0027).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the compartment of Guo to have the latch as taught by Li for the purpose of providing a mechanism to quickly release the tip, thereby, providing ease of removal, replacement and cleaning of parts (see paragraph 0027 of Li).
After the modification with Li, the flow passage is fluidly coupled to the latch compartment by a second vent hole, since the space above the flow passage would now be considered to be part of a latch compartment, alternatively, the flow passage is fluidly coupled to the latch compartment via the external environment.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Duan (CN 210330796) in view of King (2,081,040), and alternatively in view of Uenishi (JP 2018185035).
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Regarding claim 20, Duan discloses an oral irrigator (see entire oral irrigator in figs. 1 and 9, paragraphs 0002 and 0034 of the English translation) comprising: a reservoir (see water tank attached to the bottom of the housing, see paragraph 0037, see water tank 21 in fig. 8, paragraphs 0039-0040); a housing (see the annotated-Duan fig. 2 above and see “outer shell 26” in paragraph 0036); and a pump (pump is the entire assembly in fig. 6 and the gears 8, 9, and motor 10 in fig. 3, see paragraph 0035) coupled to the housing and configured to pump fluid from the reservoir to a tip (tip formed by 22, fig. 9, paragraphs 0034-0039), the pump comprising: a pump chamber (pump chamber is formed by 1 and 2, see fig. 6, paragraphs 0034-0035); a piston (5, fig. 6, paragraph 0035) positioned within the pump chamber; a first piston seal positioned around the piston and configured to seal against an interior wall of the piston chamber (see the annotated-Duan fig. 6 above, see seal ring 4, paragraph 0035); a second piston seal positioned around the piston and configured to seal against the interior wall of the piston chamber (see the annotated-Duan fig. 6 above, see seal ring 4, paragraph 0035), wherein the first piston seal seats within the first annular groove and the second piston seal seats within the second annular groove (see the annotated-Duan fig. 6 above, the groove formed on the piston that the first piston seal seats within is the first annular groove and the groove formed on the piston that the second piston seal seats within is the second annular groove), but fails to disclose that the first and second piston seal are U-cup seal and wherein the first piston seal is arranged in a first orientation relative to the piston and the second piston seal is arranged in a second orientation, different from the first orientation, relative to the piston; wherein: the first piston seal and the second piston seal each comprise a U-cup seal including a closed end; and the first piston seal and the second piston seal are arranged such that the closed ends of the U-cup seals are directed towards each other.
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However, King teaches a first and second piston seal are U-cup seal and wherein the first piston seal is arranged in a first orientation relative to the piston and the second piston seal is arranged in a second orientation, different from the first orientation, relative to the piston; wherein: the first piston seal and the second piston seal each comprise a U-cup seal including a closed end; and the first piston seal and the second piston seal are arranged such that the closed ends of the U-cup seals are directed towards each other; and the piston defines a first annular groove and a second annular groove (see the piston 45 and the annotated-King fig. 6 above, page 1, col 2, lines 3-6 and page 2, col 2, lines 45-75, and page 3, col 1, lines 1-34, furthermore, as shown, the shape of the seal is a U-cup seal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the piston, first piston seal, and second piston seal of Duan to have the shape and orientation as taught by King for the purpose of providing an alternative piston seal arrangement that would provide the benefit of maintain the ring in proper position on the piston and prevents displacements of the seals (see page 3, lines 1-34 of King).
Furthermore, if there is any doubt that the modified Duan discloses a U-cup seal. Uenishi teaches a U-cup seal for a piston (see seal 48 and 46, fig. 3, paragraphs 0013, 0029 and 0030, Uenishi discloses that the seal rings 46 and 48 can be U-shaped or V-shaped).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the first piston seal and second piston seal of the modified Duan to be U-cup seal as taught by Uenishi for the purpose of providing an alternative seal shape that would provide the predictable result of allowing the piston to be sealed against the interior surface of the pump chamber of the modified Duan (see paragraphs 0013, 0029 and 0030 of Uenishi).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Duan (CN 210330796) in view of King (2,081,040), and alternatively in view of Stenberg (4,775,037).
Regarding claim 20, Duan discloses an oral irrigator (see entire oral irrigator in figs. 1 and 9, paragraphs 0002 and 0034 of the English translation) comprising: a reservoir (see water tank attached to the bottom of the housing, see paragraph 0037, see water tank 21 in fig. 8, paragraphs 0039-0040); a housing (see the annotated-Duan fig. 2 above and see “outer shell 26” in paragraph 0036); and a pump (pump is the entire assembly in fig. 6 and the gears 8, 9, and motor 10 in fig. 3, see paragraph 0035) coupled to the housing and configured to pump fluid from the reservoir to a tip (tip formed by 22, fig. 9, paragraphs 0034-0039), the pump comprising: a pump chamber (pump chamber is formed by 1 and 2, see fig. 6, paragraphs 0034-0035); a piston (5, fig. 6, paragraph 0035) positioned within the pump chamber; a first piston seal positioned around the piston and configured to seal against an interior wall of the piston chamber (see the annotated-Duan fig. 6 above, see seal ring 4, paragraph 0035); a second piston seal positioned around the piston and configured to seal against the interior wall of the piston chamber (see the annotated-Duan fig. 6 above, see seal ring 4, paragraph 0035), wherein the first piston seal seats within the first annular groove and the second piston seal seats within the second annular groove (see the annotated-Duan fig. 6 above, the groove formed on the piston that the first piston seal seats within is the first annular groove and the groove formed on the piston that the second piston seal seats within is the second annular groove), but fails to disclose that the first and second piston seal are U-cup seal and wherein the first piston seal is arranged in a first orientation relative to the piston and the second piston seal is arranged in a second orientation, different from the first orientation, relative to the piston; wherein: the first piston seal and the second piston seal each comprise a U-cup seal including a closed end; and the first piston seal and the second piston seal are arranged such that the closed ends of the U-cup seals are directed towards each other.
However, King teaches a first and second piston seal are U-cup seal and wherein the first piston seal is arranged in a first orientation relative to the piston and the second piston seal is arranged in a second orientation, different from the first orientation, relative to the piston; wherein: the first piston seal and the second piston seal each comprise a U-cup seal including a closed end; and the first piston seal and the second piston seal are arranged such that the closed ends of the U-cup seals are directed towards each other; and the piston defines a first annular groove and a second annular groove (see the piston 45 and the annotated-King fig. 6 above, page 1, col 2, lines 3-6 and page 2, col 2, lines 45-75, and page 3, col 1, lines 1-34, furthermore, as shown, the shape of the seal is a U-cup seal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the piston, first piston seal, and second piston seal of Duan to have the shape and orientation as taught by King for the purpose of providing an alternative piston seal arrangement that would provide the benefit of maintain the ring in proper position on the piston and prevents displacements of the seals (see page 3, lines 1-34 of King).
Furthermore, if there is any doubt that the modified Duan discloses a U-cup seal. Stenberg teaches a U-cup seal for a piston (see seal 11 or 12 in fig. 1, see col 3, lines 35-63).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the first piston seal and second piston seal of the modified Duan to be U-cup seal as taught by Stenberg for the purpose of providing an alternative seal shape that would provide the predictable result of allowing the piston to be sealed against the interior surface of the pump chamber of the modified Duan (see col 3, lines 35-63 of Stenberg).
Allowable Subject Matter
Claims 13-14 are allowed over the prior art.
Claims 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for indicating allowable subject matter: The closest prior art of record Luettgen (2016/0151133), Li (2019/0201175), and Dai (WO 2017148380) do not specifically disclose the claimed apparatus as presented in the claims 13-14.
Regarding claim 13, Luettgen discloses an oral irrigator (100, fig. 1A, paragraph 0063) comprising: a housing (body 102 including front shell 138 and back shell 140, fig. 1A, paragraphs 0063-0066) defining a housing cavity (see cavity within 102, figs. 1A-3); and a chassis (182 and 184, fig. 5A, paragraphs 0117-0132) received within the housing cavity (fig. 5A), wherein a plurality of components (see all of the components that are mounted into/onto 182 and 184, which includes 202, 200, 250, 186, 188, 204, 210, 214, 192, 212, 208, 426, 434, 436, 432, 258, 256, 264, 270, 248, 242, 268, 274, 422, 294, 288, 298, 424, 430, 251, 254, 249, 438, 252, 260, 272, 202, 246, 240, 238, 172, 412A, 412B, figs. 5A-8B, see paragraphs 0117-0132) received within the housing cavity are mounted to the chassis and inserted into the housing cavity via the chassis (see figs. 1A-8B).
Luettgen discloses that all the components received within the housing cavity are secured to the chassis (the components are being defined as any components that are received within the housing cavity that are secured to the chassis (182 and 184), see figs. 1A-8B).
Luettgen discloses that the housing comprises a first alignment feature (152a-152k, paragraph 0129 and fig. 4, alternatively, the first alignment feature is 142 and 144, see figs. 3-8B, paragraph 0067) and the chassis comprises a second alignment feature (corresponding pins or screws that are part of 182/184 and that are connected to the connecting posts 152a-152k, paragraph 0129, alternatively, the second alignment feature is 214 attached to 210 and 212 attached to 208 (fig. 7), see paragraphs 0067 and 0128), wherein the first alignment feature and the second alignment feature engage to align the chassis within the housing cavity (see figs. 1A-8B and paragraphs 0067, 0068, 0077, 0120 and 0128-0129).
Luettgen discloses that the first alignment feature and the second alignment feature are secured together to anchor the chassis in positioned within the housing cavity (see figs. 1A-8B and paragraphs 0068 and 0129).
Luettgen discloses that the first alignment feature comprises two ribs (two ribs of 142, see the annotated-Luettgen fig. 4 above or alternatively, the two ribs are formed by each rib of 142/144) and the second alignment feature comprises an edge of the chassis (under the interpretation that the two ribs are formed by two ribs of 142, then the second alignment feature is edge of 214 that interface with 142, see paragraphs 0067 and 0128, under the interpretation that the two ribs are formed by a rib 142 and a rib 144, then the edge is the edge of 214 (attached to 210) or 212 (attached to 208), such that the edge can be an edge of 214 or an edge of 212, see figs. 3, 4, 5A-5B and 7, paragraphs 0077, 0120 and 0129).
Luettgen discloses that the first alignment feature comprises a post (152b or 152k, fig. 4) and the second alignment feature comprises a tab that seats on the post (see the annotated-Luettgen figs. 4, 6 and 27 above).
However, Luettgen fail to disclose the combination of structures as claimed and the housing further comprises a reservoir aperture defined through a bottom surface thereof and a boss surrounding the reservoir aperture; and the chassis comprises a drain port, wherein the drain port interacts with the boss to align the chassis within the housing such that the drain port aligns with the reservoir aperture, the plurality of components comprise a motor, a gear driven by the motor, a piston, a connecting rod including a first end coupled to the gear and a second end coupled to the piston, and a pump body defining a pump chamber in which the piston is received, wherein the chassis defines a wall at least partially surrounding the first end of the connecting rod, and wherein the pump body includes a cap that covers the wall to enclose the first end of the connecting rod, the motor and the connecting rod are positioned on opposite sides of the chassis, the plurality of components further comprises a battery, and wherein the battery is positioned along an edge of the chassis adjacent the motor and the connecting rod, the plurality of components further comprise a seal positioned between the wall and the cap to seal an interface between the wall and the cap, the seal is overmolded on an outer edge of the wall, and the cap comprises at least one securing tab configured to secure the cap to the wall. Therefore, to modify Luettgen to arrive at the claimed invention would not have been obvious and would be based upon improper hindsight reasoning.
Regarding claim 13, Li discloses an oral irrigator (entire device shown in figs. 1-2, see paragraph 0017) comprising: a housing (body 4, bottom cap 10, and button 2, fig. 1, paragraphs 0017-0018 and 0023-0026) defining a housing cavity (cavity within 4 and 10, see figs. 1-2); and a chassis (the two chassis parts in the annotated-Li fig. 1 above and 22, 29, 15, 16, paragraphs 0018-0027) received within the housing cavity, wherein a plurality of components received within the housing cavity are mounted to the chassis and inserted into the housing cavity via the chassis (see figs. 1-5, the components are the components mounted within the chassis which includes components such as 38, 39, 40, 28, 27, 26, 30, 31, 23, 22, 21, 18, 20, paragraphs 0018-0027).
Li discloses all the components received within the housing cavity are secured to the chassis (the components are being interpreted as any component that are received within the housing cavity that are secured to the chassis, see figs. 1-5).
Li discloses that the housing comprises a first alignment feature (button 2 or post of button 2, see the annotated-Li fig. 8 above, see paragraph 0027) and the chassis comprises a second alignment feature (the tab in the annotated-Li fig. 8 above is being defined as being part of the chassis), wherein the first alignment feature and the second alignment feature engage to align the chassis within the housing cavity (see the annotated-Li fig. 8 above with reference to fig. 9, as shown, the tabs help align the chassis within the housing cavity).
Li discloses that the first alignment feature comprises a post and the second alignment feature comprises a tab that seats on the post (see the annotated-Li fig. 8 above, as shown, the first alignment feature is a post of 2 and the second alignment feature is the tab, the tab is placed in a position such that the tab would help align the chassis with respect to the post of 2).
Li discloses that the housing further comprises a reservoir aperture (aperture formed by 48, see fig. 8, paragraph 0023) defined through a bottom surface thereof and a boss (see the annotated-Li fig. 8 above) surrounding the reservoir aperture and the chassis comprises a drain port (port formed by 29 that is inserted into 48, see figs. 3 and 8), wherein the drain port interacts with the boss to align the chassis within the housing such that the drain port aligns with the reservoir aperture (see the annotated-Li fig. 8 above and see the annotated-Li fig. 3 above).
Li discloses that the plurality of components comprise a motor (38, figs. 1-3, paragraph 0021), a gear (39, fig. 3, paragraph 0021) driven by the motor, a piston (20, fig. 3, paragraphs 0021-0023), a connecting rod (19, fig. 3, paragraphs 0021-0023) including a first end coupled to the gear and a second end coupled to the piston (see fig. 3, the end closest to 28 is the first end coupled to the gear, and the end closest to the piston 20 is the second end coupled to the piston), and a pump body defining a pump chamber in which the piston is received (see pump 26, fig. 1 and see the annotated-Li fig. 3 above, the pump chamber is the chamber that the piston 20 is positioned within, the pump chamber is formed by pump body (body of 26 and 27 and 28)), wherein the chassis defines a wall at least partially surrounding the first end of the connecting rod, and wherein the pump body includes a cap that covers the wall to enclose the first end of the connecting rod (see the annotated-Li figs. 1 and 3 above, the pump body, the cap is 28 which is considered to be part of the pump body that would cover the wall to enclose the first end of the connecting rod).
Li discloses that the motor and the connecting rod are positioned on opposite sides of the chassis (see fig. 3, the motor 38 and connecting rod 19 are positioned on opposite sides of the chassis).
Li discloses a battery (47, fig. 1, paragraph 0022) and wherein the battery is positioned along an edge of the chassis adjacent the motor (38) and the connecting rod (19, fig. 3 and the annotated-Li fig. 4 above).
Li discloses that the plurality of components further comprise a seal positioned between the wall and the cap to seal an interface between the wall and the cap (see the annotated-Li fig. 4 above, the seal is formed by the shaft 40, the shaft is between the wall and the cap and would seal an interface between the wall and the cap to a certain degree).
Dai teaches a shaft overmoded on an outer edge of a wall (see fig. 1 and page 3, lines 23-25 of the English translation, Dai discloses that gear shaft 10 and gear shaft 11 are overmolded on the casing 13).
However, Li and Dai fail to disclose the combination of structures as claimed and that the cap comprises at least one securing tab configured to secure the cap to the wall. Therefore, to modify Li and Dai to arrive at the claimed invention would not have been obvious and would be based upon improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yu (2021/0285431) is cited to show a pump unit for an oral irrigator.
Fang (CN 202699327) is cited to show a collapsible oral irrigator.
Masuko (JP 2011200424) is cited to show a collapsible oral irrigator.
Puurunen (HU 220308) is cited to show a pump toothbrush comprising a vent aperture.
Stenberg (FR 2577415) is cited to show a piston pump comprising u-cup sealing ring.
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/TU A VO/Primary Examiner, Art Unit 3785
