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 Objections
Claims 1-3 and 5 are objected to because of the following informalities:
Claim 1: the recitation of “the fluid is continuously pumped from the reservoir” should read ---the fluid is configured to be continuously pumped from the reservoir---, to avoid reciting method steps in a device claim.
Claim 2: reciting “during operation a user actuates…the user actuates…then the user actuates…oral irrigator pumps fluid…continuous actuation of the power button is required to pump the fluid” is active language in a device claim, correction is required to fix.
Claim 3: the recitation of “the fluid only flows from the reservoir to the tip when the activation member is in the actuated state, and wherein when the oral irrigator is in any mode other than the continuous spray mode, the fluid flows from the reservoir to the tip without the activation member being in the actuated state” should read ---the fluid is configured to only flow from the reservoir to the tip when the activation member is in the actuated state, and wherein when the oral irrigator is in any mode other than the continuous spray mode, the fluid is configured to flow from the reservoir to the tip without the activation member being in the actuated state---, to prevent reciting method steps in a device claim.
Claim 5: the recitation of “the motor is automatically deactivated”, should read ---the motor is configured to automatically be deactivated---, to avoid reciting method steps in a device claim.
Appropriate correction is required.
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.
Claims 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate.
Regarding claim 8, Chang discloses an oral irrigator (Figure 1 below; oral irrigator) comprising:
a reservoir for storing a fluid (Figure 2 below; ‘50’ is a reservoir for storing fluid);
a tip in fluid communication with the reservoir (Figure 1 below; ‘92’ is a tip in fluid communication with the reservoir ‘50’ of Figure 2 below, the tip ‘92’ connects to the nozzle ‘74’ of Figure 1 below, where in Figure 2 below, ‘16’ is the nozzle end that is in fluid communication with the reservoir ‘50’ – this is the tubing connection from the reservoir ‘50’ to the tip ‘92’);
a pump configured to pump the fluid from the reservoir to the tip (Chang Figure 3; ‘46’ is a pump assembly (contains the pump ‘48’) that is configured to pump the fluid from the reservoir ‘50’ of Figure 1 below, to the tip ‘92’ of Figure 2 below);
a motor operably coupled to the pump to drive the pump (Figure 2 below; ‘20’ is a motor that is operably coupled to the pump, Chang Figure 3 ‘46’ is the pump assembly that contains the pump ‘48’, Chang [0015]; where the motor and the gear train operate, the pump assembly ‘46’ operates causing the pump ‘48’ to move a fluid);
an activation member alterable between an actuated state and a non-actuated state and wherein in a continuous spray mode, the fluid is continuously pumped from the reservoir to the tip while the activation member is in the actuated state (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid, [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth (this is an actuated state, because the fluid is pumping towards the tip and the device is powered on) – ultimately going from the reservoir ‘50’ to the tip ‘92’ of the device to pump the fluid towards the user’s teeth, plurality of modes: actuated state and non-actuated state –(alterable between the actuated and non-actuated through the button, as well as an automatic and a continuous spray mode).
Regarding claim 9, Chang further discloses the oral irrigator according to claim 8 wherein when the oral irrigator is in the continuous spray mode, the fluid is not pumped from the reservoir to the tip when the activation member is in the non-actuated state (Chang [0018]; where the button (activation member) triggers the operation of the device, producing the liquid to go towards the tip of the nozzle, if the device is not actuated (non-actuated state), then there would be no fluid pumped from the reservoir ‘50’ to the tip ‘92’, Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid (continuous spray mode), [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth – ultimately going from the reservoir ‘50’ to the tip ‘92’ of the device to pump the fluid towards the user’s teeth).
Regarding claim 10, Chang further discloses the oral irrigator according to claim 8 further comprising a handle, the tip detachably coupled to the handle, and wherein the activation member is a button located on the handle (Figure 1 below; where ‘72’ is a handle, the tip’92’ is connected to the nozzle ‘74’ that is detachable connected to the handle, ‘82’ is an activation member (button) located on the handle ‘72’).
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.
Claims 1, 3-5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Carlyle (US 10517704 B2).
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Figure 1: annotated Figures 6-7A of Chang.
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Figure 2: annotated Figure 2 of Chang.
Regarding claim 1, Chang discloses an oral irrigator (Figure 1 above; oral irrigator) comprising:
a reservoir for storing a fluid (Figure 2 above; ‘50’ is a reservoir for storing fluid);
a tip in fluid communication with the reservoir (Figure 1 above; ‘92’ is a tip in fluid communication with the reservoir ‘50’ of Figure 2 above, the tip ‘92’ connects to the nozzle ‘74’ of Figure 1 above, where in Figure 2 above, ‘16’ is the nozzle end that is in fluid communication with the reservoir ‘50’ – this is the tubing connection from the reservoir ‘50’ to the tip ‘92’);
a pump configured to pump the fluid from the reservoir to the tip (Chang Figure 3; ‘46’ is a pump assembly (contains the pump ‘48’) that is configured to pump the fluid from the reservoir ‘50’ of Figure 1 above, to the tip ‘92’ of Figure 2 above);
a motor operably coupled to the pump to drive the pump (Figure 2 above; ‘20’ is a motor that is operably coupled to the pump, Chang Figure 3 ‘46’ is the pump assembly that contains the pump ‘48’, Chang [0015]; where the motor and the gear train operate, the pump assembly ‘46’ operates causing the pump ‘48’ to move a fluid);
and wherein the plurality of modes comprises a continuous spray mode during which: (1) the fluid is continuously pumped from the reservoir to the tip while an activation member is in an actuated state as long as fluid is present in the reservoir (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid, [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth – ultimately going from the reservoir ‘50’ to the tip ‘92’ of the device to pump the fluid towards the user’s teeth, plurality of modes: actuated state and non-actuated state);
and (2) the fluid is not pumped from the reservoir to the tip while the activation member is in a non-actuated state (Chang [0018]; where the button (activation member) triggers the operation of the device, producing the liquid to go towards the tip of the nozzle, if the device is not actuated (non-actuated state), then there would be no fluid pumped from the reservoir ‘50’ to the tip ‘92’).
Chang is silent to the control module controlling the motor.
Carlyle discloses a dental treatment appliance comprising:
a control module operably coupled to the motor to control the motor in accordance with a mode selected from a plurality of modes (Carlyle [052]; where the controller operates the motor to activate the pump, for modes 2-6, thereby being a plurality of modes).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang to include the control module operably coupled to the motor to control the motor in accordance with a plurality of modes as taught by Carlyle, since, this allows for the pump to activate in the assembly and for the device to be selectable upon different modes to clean the teeth (Carlyle [052]).
Further, it would have been readily understood by one of ordinary skill in the art that the actuation of the device, through the activation member (button), would be when there is fluid present in the reservoir of the device, making the actuated state, otherwise, there is no liquid to actuate if there is no presence of liquid within the reservoir, making a non-actuated state, or there would be a non-actuated state if the button (activation member) is never pressed in the first place.
Regarding claim 3, modified Chang further discloses the oral irrigator according to claim 1 wherein when the oral irrigator is in the continuous spray mode, the fluid only flows from the reservoir to the tip when the activation member is in the actuated state (Chang [0018,0019]; where the continuous jet (spray) occurs when pressing the actuating button – continuous spray mode, where the fluid is flowing from the reservoir ‘50’ to the tip ‘92’ to reach the outside of the device to clean the teeth);
and wherein when the oral irrigator is in any mode other than the continuous spray mode, the fluid flows from the reservoir to the tip without the activation member being in the actuated state (Chang [0026]; automatic mode (mode other than continuous spray mode, the fluid moves to be ejected (pumped) through the tip by operating a sequence of either the on/off switch or a separate button by the user (without activation member in activation state, where the user does not have to hold down the button to actuate)).
Regarding claim 4, modified Chang further discloses the oral irrigator according to claim 1 wherein the plurality of modes comprise at least one automatic spray mode whereby the fluid is pumped from the reservoir to the tip without continuous actuation of the activation member (Chang [0026]; automatic mode (mode other than continuous spray mode, the fluid moves to be ejected (pumped) through the tip by operating a sequence of either the on/off switch or a separate button by the user (without activation member in activation state, where the user does not have to hold down the button to actuate)).
Regarding claim 5, modified Chang further discloses the oral irrigator according to claim 4 wherein during the at least one automatic spray mode the control module activates the motor to drive the pump to pump the fluid from the reservoir to the tip for a predetermined period of time (as modified, Carlyle [052] discloses; where the controller operates the motor to activate the pump, to pump the fluid from the reservoir, Chang [0026]; discloses the automatic spray mode controlled by the microcontroller ‘148’, where there is a predetermined time range for water to pumped to the tip out of the device of .1s-2s, .5s-1.5s);
and wherein after expiration of the predetermined period of time the motor is automatically deactivated by the control module (Chang [0026]; discloses the automatic spray mode controlled by the microcontroller ‘148’, where there is a predetermined time range for water to pumped to the tip out of the device of .1s-2s, .5s-1.5s, after this predetermined period of time it would be readily understood that the motor would be deactivated, because there is a time range for the automatic spray, thereby deactivation of the motor at the end of the time period, would mean the automatic spraying duration is done).
Regarding claim 16, Chang further discloses the method according to claim 13.
Chang is silent to a non-operational powered state.
Carlyle discloses:
prior to selecting the mode, actuating the activation member to alter the oral irrigator from an off state to a non-operational powered state (Carlyle [049]; where the user switched on the device and wakes the irrigator from an off state (prior to selecting modes), then the user can select the modes, but the device hasn’t been actuated yet (non-operational on state));
and after selecting the mode, activating the activation member to alter the oral irrigator from the non-operational powered state to an operational powered state during which the fluid is pumped from the reservoir to the tip of the oral irrigator in accordance with the selected mode (Carlyle [049-053]; where after selecting the mode, the controller activates the motor to activate the pump to spray, where the water is pumped from the reservoir to the end tip nozzle ‘36’ in accordance with the selected mode – making an operational powered state).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang by having a non-operational and an operational powered state as taught by Carlyle, since, a non-operation on mode, allows for the user to select the mode before actuating, instead of the device instantly activating when powered on, thereby also providing more control and choices for the user (Carlyle [049]), and an operational powered state allows for the user after the mode is selected to actuate the device for use (Carlyle [053]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Carlyle (US 10517704 B2), further in view of Arias (US 20190358006 A1).
Regarding claim 2, modified Chang further discloses the oral irrigator according to claim 1.
Chang discloses
wherein the activation member is a power button (Chang [0020]; where the handle includes an on/ off switch ‘82’, also seen in Chang Figure 6 ‘82’);
and wherein when in the continuous spray mode, actuation of the power button is required to pump the fluid from the reservoir to the tip (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid, [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth – ultimately going from the reservoir ‘50’ to the tip ‘92’ of the device to pump the fluid towards the user’s teeth);
and then the user actuates the power button again to alter the oral irrigator from the non-operational on state to an operational on state whereby the oral irrigator pumps the fluid from the reservoir to the tip in accordance with the selected one of the plurality of modes (Chang [0026]; where the where in another one of the plurality of modes, the power button can be used to trigger via programmed sequence of operating on/off, the automatic spray mode – this would entail an operational on state where the oral irrigator pumps fluid from the reservoir to the tip in order to deliver the flow of liquid to the user).
Chang is silent to a mode selection button and a non-operational on state.
a mode selection button (Carlyle [049]; where the button ‘20’ is a mode selection button);
and wherein during operation a user actuates the power button to wake the oral irrigator from an off state to a non-operational on state (Carlyle [049]; where the user switched on the device and wakes the irrigator from an off state, then the user can select the modes, but the device hasn’t been actuated yet (non-operational on state));
the user actuates the mode selection button to select one of the plurality of modes (Carlyle [049]; where the user can select a mode of operation (effectively actuating the mode), [051-052]; where there are a plurality of modes).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang by having a non-operational on mode and a mode selection button as taught by Carlyle, since, a mode selection button allows for the user to select different usable operation modes, providing more control and choices for the user (Carlyle [049]) and because a non-operation on mode, allows for the user to select the mode before actuating, instead of the device instantly activating when powered on, thereby also providing more control and choices for the user (Carlyle [049]).
Modified Chang fails to disclose continuous actuation of the power button.
Arias discloses an oral irrigator further comprising:
continuous actuation of the power button (Arias [0008]; where the switch is only actuated when the user is always pushing or actuating the switch element to emit the liquid jet, when the user releases the switch, the oral irrigator is set to off).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of modified Chang by making the switch only actuate when physically being pressed as taught by Arias, since, having the user physically actuate the switch allows for the user to switch from one mode to the next and or turn the irrigation on or off, which is better suited for the user’s preferences of the current irrigation activity (Arias [0008]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Carlyle (US 10517704 B2), further in view of Taylor (US 20150147717 A1), and even further in view of Fougere (US 20120077143 A1).
Regarding claim 6, modified Chang further discloses the oral irrigator according to claim 4, comprising at least one automatic spray mode (Chang [0026]; automatic mode (mode other than continuous spray mode, the fluid moves to be ejected (pumped) through the tip by operating a sequence of either the on/off switch or a separate button by the user).
Modified Chang fails to disclose multiple spray modes of different pressures and the duty cycles thereof.
Taylor discloses an oral irrigator comprising:
wherein the at least one spray mode comprises a plurality of the spray modes including a first spray mode, a second spray mode and a third spray mode (Taylor [0053]; where there are three different spray modes of different intensities for the oral irrigator, massage mode (second spray mode), low pressure (first spray mode), and high pressure (third spray mode)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of modified Chang to include multiple intensity spray modes as taught by Taylor with the automatic spray mode, since, it would allow for the automatic spraying of the water to the mouth at different intensities (Taylor [0053]), which could provide deeper or lighter cleaning, based on what the user prefers/ needs.
Modified Chang in view of Taylor is silent to the duty cycles of the automatic spray modes.
Fougere discloses an oral irrigator comprising:
a first duty cycle, a second duty cycle, and a third duty cycle (Fougere [0040]; where the duty cycles of the liquid pressures of the device can have a delivery pulse of about 10-100%, 40-60%);
whereby the motor has a third duty cycle, the third duty cycle being greater than the second duty cycle and the second duty cycle being greater than the first duty cycle (Fougere [0040]; where the duty cycles of the liquid pressures of the device can have a delivery pulse of about 10-100%, 40-60%).
Although Fougere does not explicitly discloses a respective first, second, third duty cycle, Fougere does disclose different intensities of water pressures with respective duty cycle percentages. Taylor discloses multiple different intensity water sprays as well. It would have been readily understood by one of ordinary skill in the art that each respective first, second, third spray mode of Taylor also has a respective duty cycle, in order to power the spraying through the motor of the device, where the different modes of intensities, would also correspond to a low, normal, high duty cycle in descending order as claimed.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of modified Chang in view of Taylor to include duty cycles with the liquid pressure as taught by Fougere, since, different duty cycles allow for different power intensities to be set for the device (Fougere [0040]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Carlyle (US 10517704 B2), and further in view of Fougere (US 20120077143 A1).
Regarding claim 7, modified Chang further discloses the oral irrigator according to claim 1, comprising a continuous spray mode while the activation member is in the actuated state (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid, [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth).
Modified Chang is silent to the duty cycle with the continuous spray mode.
Fougere discloses an oral irrigator wherein:
in the continuous spray mode, the duty cycle is 100% (Fougere [0040]; where when the duty cycle is at 100%, the liquid is in a continuous spray mode,).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of modified Chang to include duty cycles with the liquid pressure as taught by Fougere, since, different duty cycles allow for different power intensities to be set for the device (Fougere [0040]).
Claims 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Arias (US 20190358006 A1).
Regarding claim 11, Chang further discloses the oral irrigator according to claim 10, wherein the button is a pushbutton switch (Chang [0021]; where the handle of the oral irrigator has the power switch ‘82’, and [0026]; where the automatic mode can be triggered by a button/ switch member).
Chang fails to disclose wherein the button is in the actuated state only while the pushbutton switch is being physically pressed.
wherein the button is in the actuated state only while the pushbutton switch is being physically pressed (Arias [0008]; where the switch is only actuated when the user is always pushing or actuating the switch element to emit the liquid jet, when the user releases the switch, the oral irrigator is set to off).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang by making the switch only actuate when physically being pressed as taught by Arias, since, having the user physically actuate the switch allows for the user to switch from one mode to the next and or turn the irrigation on or off, which is better suited for the user’s preferences of the current irrigation activity (Arias [0008]).
Regarding claim 17, Chang further discloses the method according to claim 13 wherein the activation member is a pushbutton switch, and wherein the pushbutton switch is actuated only while a user applies a force onto the pushbutton switch (Chang [0021]; where the handle of the oral irrigator has the power switch ‘82’, and [0026]; where the automatic mode can be triggered by a button/ switch member – where the switch is triggered when the user applies a force to turn the pushbutton switch on).
Chang fails to disclose where the pushbutton switch automatically alters from an actuated state to a non-actuated state upon the ceasing application of force onto the pushbutton switch.
Arias discloses an oral irrigator wherein:
the pushbutton switch automatically altering from an actuated state to a non-actuated state upon the user ceasing application of the force onto the pushbutton switch (Arias [0008]; where the switch is only actuated when the user is always pushing or actuating the switch element to emit the liquid jet, when the user releases the switch (ceases application of force), the oral irrigator is set to off (automatically altering from actuated state to a non-actuated state)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang by making the switch only actuate when physically being pressed as taught by Arias, since, having the user physically actuate the switch allows for the user to switch from one mode to the next and or turn the irrigation on or off, which is better suited for the user’s preferences of the current irrigation activity (Arias [0008]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Carlyle (US 10517704 B2), and further in view of Taylor (US 20150147717 A1).
Regarding claim 12, modified Chang further discloses the oral irrigator according to claim 8 further comprising:
the plurality of modes comprising the continuous spray mode and an automatic spray mode (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid, [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth, Chang [0026]; automatic spray mode (mode other than continuous spray mode, the fluid moves to be ejected (pumped) through the tip by operating a sequence of either the on/off switch or a separate button by the user).
Carlyle discloses:
a control module operably coupled to the motor to control the motor in accordance with a mode selected from a plurality of modes (Carlyle [052]; where the controller operates the motor to activate the pump, for modes 2-6, thereby being a plurality of modes).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang to include the control module operably coupled to the motor to control the motor in accordance with a plurality of modes as taught by Carlyle, since, this allows for the pump to activate in the assembly and for the device to be selectable upon different modes to clean the teeth (Carlyle [052]).
Modified Chang fails to disclose multiple automatic spray modes.
Taylor discloses:
a plurality of different intensity spray modes (Taylor [0053]; where there are three different spray modes of different intensities for the oral irrigator, massage mode (second spray mode), low pressure (first spray mode), and high pressure (third spray mode)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of modified Chang to include multiple intensity spray modes as taught by Taylor with the automatic spray mode, since, it would allow for the automatic spraying of the water to the mouth at different intensities (Taylor [0053]), which could provide deeper or lighter cleaning, based on what the user prefers/ needs.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate.
Regarding claim 13, Chang discloses a method of using an oral irrigator, the method comprising: filling a reservoir of the oral irrigator with a fluid (Chang [0006]; using an oral irrigator, [0010]; where there is fluid in the reservoir – thereby the reservoir was filled with fluid inside of the oral irrigator);
selecting a mode from a plurality of modes, wherein the plurality of modes comprises a continuous spray mode and wherein upon selecting the continuous spray mode, the fluid is continuously pumped from the reservoir to a tip of the oral irrigator while an activation member is actuated and the fluid is not pumped from the reservoir to the tip while the activation member is not actuated (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid (selecting a mode), [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth – ultimately going from the reservoir ‘50’ to the tip ‘92’ of the device to pump the fluid towards the user’s teeth, plurality of modes: actuated state and non-actuated state).
Although Chang doesn’t explicitly disclose filling the reservoir with fluid, Chang does disclose a reservoir with fluid. It would have been readily understood by one of ordinary skill in the art that in order for there to be fluid in the reservoir for use with the device, that the reservoir would have to be filled with fluid.
Regarding claim 14, Chang further discloses the method according to claim 13 wherein when the continuous spray mode is selected, the fluid is only pumped from the reservoir to the tip while the activation member is actuated (Chang [0018]; where the button (activation member in an actuated state) is pressed triggering operation of the device producing a continuous burst of liquid, [0019]; where there is the continuous jet of fluid that goes through the nozzle assembly to clean the user’s teeth – ultimately going from the reservoir ‘50’ to the tip ‘92’ of the device to pump the fluid towards the user’s teeth, plurality of modes: actuated state and non-actuated state).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over チャン ユー−ウェン (JP 2016509933 A), hereinafter Chang, as translated by Google Translate in view of Taylor (US 20150147717 A1).
Regarding claim 15, Chang further discloses the method according to claim 13 wherein the plurality of modes comprises an automatic spray mode, wherein upon selecting of the automatic spray mode the fluid is continuously pumped from the reservoir to the tip of the oral irrigator after a single actuation of the activation member for a pre-set treatment duration, and wherein after expiration of the pre-set treatment duration the fluid is no longer pumped from the reservoir to the tip (Chang [0026]; automatic mode (mode other than continuous spray mode, the fluid moves to be ejected (pumped) through the tip by operating a sequence of either the on/off switch or a separate button by the user – this continuously pumped from the reservoir to the tip of the oral irrigator after a press of the button (single actuation of the activation member), [0026]; discloses the automatic spray mode controlled by the microcontroller ‘148’, where there is a predetermined time range for water to pumped to the tip out of the device of .1s-2s, .5s-1.5s, [0026]; discloses the automatic spray mode controlled by the microcontroller ‘148’, where there is a predetermined time range for water to pumped to the tip out of the device of .1s-2s, .5s-1.5s, after this predetermined period of time it would be readily understood that the motor would be deactivated, because there is a time range for the automatic spray, thereby deactivation of the motor at the end of the time period, would mean the automatic spraying duration is done and the pre-set treatment duration of the fluid is no longer pumped from the reservoir to the tip);
Chang fails to disclose a plurality of spray modes for the automatic spray.
Taylor discloses:
a plurality of different intensity spray modes (Taylor [0053]; where there are three different spray modes of different intensities for the oral irrigator, massage mode (second spray mode), low pressure (first spray mode), and high pressure (third spray mode)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the oral irrigator of Chang to include multiple intensity spray modes as taught by Taylor with the automatic spray mode, since, it would allow for the automatic spraying of the water to the mouth at different intensities (Taylor [0053]), which could provide deeper or lighter cleaning, based on what the user prefers/ needs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bondurant (US 20200268490 A1): alternate oral irrigator.
Wagner (US 20180168784 A1): alternate oral irrigator with a push button switch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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