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 § 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 7, 9 and 25 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 7 states “a second switch”. There is no mention of a first switch in the claims that claim 7 depends from. Please amend to either have claim 7 depend from claim 3 (which does disclose a first switch) or change second switch to first switch because it is not clear if two switch are required by the “second” switch.
Claim 7 states “a second predetermined condition”. There is no mention of a first predetermined condition in the claims that claim 7 depends from. Please amend to either have claim 7 depend from claim 4 (which does disclose a first predetermined condition) or change second predetermined condition to first predetermined condition because it is not clear if two predetermined conditions are required in claim 7.
Claim 7 states “a third state”. There is no mention of a first or second state in the claims that claim 7 depends from. Claim 3 (which claim 7 does not depend from) includes limitations for a first state, but there is no mention of a second state. Please amend claim 7 to clarify the states because it is not clear how many states are required in claim 7.
Claim 9 states “a third stop signal”. There is no mention of a first or second stop signal in the claims that claim 9 depends from. Please amend claim 9 to clarify the states because it is not clear how many stop signals are required in claim 9.
Claim 25 states “a fifth and sixth state”. There is no mention of a first, second, third or fourth state in the claims that claim 25 depends from. Please amend claim 25 to clarify the states because it is not clear how many states are required in claim 25.
Appropriate correction is required.
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.
Claim(s) 1, 14, 20-22, 24, 27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hilscher (USPN 8256979).
Hilscher teaches an electric toothbrush, comprising a toothbrush head (6) and a toothbrush handle (2) detachably coupled to each other, wherein the toothbrush head comprises a first outlet (col. 4, lines 8-11), the toothbrush handle comprises an accommodation space in which a control circuitry (2), a connection device (conveying lines (col. 4, lines 8-11), a toothpaste chamber (9) and a power generation device (pump) are provided, and the connection device is hollow, wherein the toothpaste chamber comprises a second outlet (11) and an accommodation cavity for accommodating a toothpaste bottle (12), the toothpaste bottle is provided with a first chip (13), first serial number information about the toothpaste bottle is stored in the first chip, the second outlet is in communication with the first outlet through the connection device, and the toothpaste chamber is provided with a first reader (14; figure 2); the power generation device is electrically coupled to the control circuitry, and configured to enable toothpaste in the toothpaste bottle to pass through the second outlet, the connection device and the first outlet to the toothbrush head; and the first reader is configured to read the first serial number information from the first chip and transmit the first serial number information to the control circuitry, and the control circuitry is configured to receive the first serial number information and transmit a control signal to the power generation device in accordance with the first serial number information (col. 4, lines 12-30).
With regards to claim 14, a prompter (24) is further arranged on the toothbrush handle, electrically coupled to the control circuitry, and configured to receive a prompt signal from the control circuitry and send an alarm.
With regards to claim 20, there is a toothpaste bottom comprising a container body (12) and a first chip (13), the container body being provided with a liquid outlet (11), the first chip storing first serial number information about the toothpaste bottle, wherein the first chip is sleeved onto the liquid outlet of the container body and fixedly coupled to the container body, or the first chip is arranged on a side wall of the container body (figure 2).
With regards to claim 21, there is a sealing element (10), wherein the liquid outlet is arranged in the form of a protrusion, the sealing element is coupled to the liquid outlet, and the first chip is arranged between the sealing element and the container body (figure 4).
With regards to claim 22, there is a chip protection module (14) sleeved onto the liquid outlet and arranged between the first chip and the sealing element wherein the chip protection module comprises a top cover and a side wall extending downward from an outer periphery of the top cover, an accommodation groove (where 13 fits in) is defined by the top cover and the side wall, the first chip is arranged in the accommodation groove and the sealing element is coupled to the top cover (figure 4).
With regards to claim 24, there is a base coupled to one end of the container body away from the liquid outlet (9).
With regards to claim 27, the first chip further stores at least one of a toothpaste type (col. 3, lines 55-57), a manufacturer, efficacy mode information, or toothpaste push-out information, wherein the toothpaste push out information comprises a quantity of push out times within a predetermined time period, an alarm threshold, a push out times threshold, time for multiple push outs, and a quantity of alarm.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5-6, 9, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hilscher (‘979) in view of CN 110013337 (‘337).
Hilscher teaches all the essential elements of the claimed invention including a second chip (16) arranged in the toothbrush head and configured to store therein second serial number information about the toothbrush head; and a second reader (17) arranged at an end of the toothbrush handle close to the toothbrush head, and configured to read the second serial number information and transmit the second serial number information to the control circuitry, so that the control circuitry receives the second serial number information and controls a working state of the electric motor in accordance with the second serial number information (claim 6). Hilscher also teaches the control circuitry is further configured to receive the second serial number information, and control a vibration frequency generated by the electric motor in accordance with the second serial number information, so that the vibration frequency generated by the electric motor corresponds to the toothpaste bottle (col. 4, line 53-col. 4, line 4) (claim 12).
Hilscher however fails to teach that the toothbrush head vibrates (claim 5), that there is a pressure sensor (claim 9) and that there is a motor cover (claim 13).
CN ‘337 teaches a toothbrush with a motor (200) for driving a vibrating head (high frequency vibration) (claim 5) with a motor cover (300) (claim 13). There is a pressure sensor (500) to detect a pressure applied onto the toothbrush head in a direction perpendicular to a toothbrush surface; in the case that a duration within which the detected pressure is greater than a first predetermined threshold is equal to a first predetermined duration, transmit a start signal to the control circuitry so that the control circuitry controls the electric motor to be in the working state in accordance with the start signal; and in the case that a duration within which the detected pressure is smaller than a predetermined threshold is equal to a second predetermined duration, transmit a third stop signal to the control circuity so that the control circuitry controls the electric motor to be in a stopping state in accordance with the third stop signal, wherein the sensor is a first sensing element and a second sensing element, the first sensing element is arranged on an inner wall of the accommodation space, and the second sensor is opposite the first sensing element, wherein the first sensor is a hall sensor (400) and the second sensor is a magnet (600) (paragraph 0027) (claim 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hilscher with the vibrating and pressure sensing device of CN ‘337 to ensure a thorough cleaning of the user’s teeth without causing any damage to the user’s teeth.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hilscher (‘979) and CN 110013337 (‘337) further in view of Wu (EP 3131431).
Hilscher and CN ‘337 teach all the essential elements of the claimed invention including the toothbrush head comprises a cavity, a first end of the cavity is coupled to the first outlet, the connection device comprises a hollow transmission shaft and a conduit in communication with each other, the second outlet, the conduit, the hollow transmission shaft and the cavity are in communication with each other sequentially, the hollow transmission shaft is coupled to the electric motor, and the electric motor drives bristles of the toothbrush head to vibrate through the hollow transmission shaft (the toothpaste flow from the first outlet thru the body of the toothbrush to the second outlet). The prior art however fails to teach a one-way valve between the conduit and the second outlet. Wu teaches a toothbrush with a toothpaste dispenser that has a one-way value to move the toothpaste in a direction from the chamber to the brush head (340). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hilscher so that there is a one-way valve as taught by Wu to prevent toothpaste from flowing back into the chamber and preventing contamination.
Allowable Subject Matter
Claims 2-4 and 15-16 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.
Claims 7 and 25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 includes the limitation of a first pipe and a propeller are further provided in the accommodation space, and the propeller is coupled to the power generation device through the first pipe and configured to push the toothpaste in the toothpaste bottle to the toothbrush head under the effect of a force applied by the power generation device.
Claim 7 includes the limitation of a second switch configured to control the working state of the electric motor through the control circuitry, wherein the second switch in a third state transmits a standby signal to the control circuitry so that the control circuitry controls the electric motor to be in a standby state in accordance with the standby signal, wherein the case that the second serial number information does not meet a second predetermined condition, the second switch is electrically decoupled from the control circuitry.
Claim 25 includes the limitation of a piston structure arranged inside the container body and comprising a fifth state in which the piston structure is attached to the base and a sixth state in which the piston structure is separated from the base, wherein a ventilation module is arranged at a center of the base, produced from the base toward the piston structure, and is coupled to an external power generation device, wherein the piston structure is attached to the ventilation module in the case that a gas at a predetermine pressure is not applied by the power generation device onto the piston structure, so as to be in the fifth state, and the piston structure is separated from the ventilation module in the case that the gas at the predetermined pressure is applied by the power generation device onto the piston structure, so as to be in the sixth state.
None of the prior art teach these limitations nor would it have been obvious to modify the prior art to achieve the claimed invention, therefore, these claims are free from the prior art.
Conclusion
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/SHAY KARLS/Primary Examiner, Art Unit 3723