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 .
Status of Claims
This Office Action is in response to the application filed on 04/03/2024. Claims 1-20 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/3/2024,2/13/2026, 2/13/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112 (b), 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 13-16 is/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.
As to claim 13-16, which recites “The method of claim 9” and “The method of claim 10” which lack antecedent basis and is unclear. Claims 9 and 10 are not method claims.
Claim 13 recites “The method of claim 9” which lack antecedent basis and is unclear. Claims 9 is not a method claims. Examiner will interpret as “The method of claim 12”.
Claim 14 recites “The method of claim 10, wherein the drain time is longer than the charge time” which lack antecedent basis and is unclear. Claim 10 is not a method claim and does not recite a “drain time”. Examiner will interpret as “The method of claim 13, wherein the drain time is longer than the charge time”.
Claim 15 recites “The method of claim 10, wherein the charge time corresponds to a time to fully charge the battery and the drain time corresponds to a time to deplete the battery” which lack antecedent basis and is unclear. Claim 10 is not a method claim does not recite a “drain time” nor a “charge time”.
Examiner will interpret as “The method of claim 13, wherein the charge time corresponds to a time to fully charge the battery and the drain time corresponds to a time to deplete the battery”.
Claim 16 recites “The method of claim 9, wherein the charging assembly comprises an analog controller configured to enable the current flow and determine that the charge time has elapsed” which lack antecedent basis and is unclear. Claims 9 is not a method claim and does not recite a “charge time”.
Examiner will interpret as “The method of claim 12, wherein the charging assembly comprises an analog controller configured to enable the current flow and determine that the charge time has elapsed”.
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 1,2,4-5,10,12 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waguespack (US 20060176017).
As to claim 1, Waguespack discloses a charging assembly for an oral health device (Fig. 2C-3 200 or 300) comprising:
a first coupling end including an electrical contact configured to electrically connect to a battery of the oral health device (210);
a second coupling end including an electrical contact configured to electrically connect to a power source (wire 304 in figure 3); and
a controller position between the first coupling end and the second coupling end and electrically coupled to the first coupling end and the second coupling end (Fig. 3 recharge circuitry 208 [0032]), wherein the controller selectively enables current to flow from the second coupling end to the first coupling end ([0032] FIG. 2C, batteries 214 may be connected to recharge circuitry 208, which may optionally be located in toothbrush 100. Recharge circuitry 208 includes conventional recharge circuitry that controls the rate at which the rechargeable batteries are recharged, and which could include a microcontroller (not shown) for controlling the charging process. For instance, recharge circuitry 208 may initially provide a high current for a rapid recharge of batteries 116 according to instructions from the microcontroller, and then reduce the current to provide a trickle charge for longer-term storage of toothbrush 100 within charger 200. Recharge circuitry may also alter the charging current as needed to reduce memory effects on battery 116 or to otherwise improve the charging process or to protect apparatus or persons. It may also cease to charge batteries 116 to avoid overcharging them or to avoid an unsafe condition).
As to claim 2, Waguespack discloses the charging assembly of claim 1, wherein the controller selectively enables current to flow based on whether a connection between the first coupling end and the battery of the oral heath device has surpassed a charge time ([0039] and Fig. 4 of Waguespack step 404- step 406 of receiving an indication that the rechargeable device is sufficiently charged for a single use of the device) .
As to claim 4, Waguespack discloses the charging assembly of claim 1, wherein the controller restricts current flow after a charge time has elapsed and before a drain time has elapsed (Fig. 4 steps 406-410).
As to claim 5, Waguespack discloses the charging assembly of claim 4, wherein the controller restarts a charge time when the first coupling end is disconnected from the battery ([0039] ……, the user waits about 30 seconds to about 5 minutes after installing toothbrush 100 into charger 200, and/or may see indicator 212b flashing to show toothbrush 100 has a charge sufficient for a single use. The user then performs the step 408 of de-coupling the rechargeable device from the charger and the step 410 of using the rechargeable device for a single use. For instance, the user may remove toothbrush 100 from charger 200 and proceed to brush his teeth. Method 400 may continue by repeating process as needed when the rechargeable device is substantially discharged).
As to claim 10, Waguespack discloses charging assembly of claim 1, wherein the controller comprises a load detector electrically coupled to the first coupling end and configured to detect that the battery is electrically coupled to the first coupling end (Fig. 5 step 502).
As to claim 12, Waguespack discloses a method for charging an oral health device (Fig. 2C-3 and Fig. 4-5) comprising: determining that a battery for the oral health device is electrically coupled to charging assembly (Fig. 4 402); enabling a current flow from a power source to the battery via the charging assembly (Fig. 404 and [0039]); and determining that a charge time has elapsed and disabling the current flow from the power source to the battery ([0039] The user then performs the step 408 of de-coupling the rechargeable device from the charger and the step 410 of using the rechargeable device for a single use).
As to claim 16, Waguespack discloses the method of claim 9 (Interpreted as “The method of claim 12”. See 112 second rejection above), wherein the charging assembly comprises an analog controller configured to enable the current flow and determine that the charge time has elapsed [0039] Fig. 4 step 406 of Waguespack of receiving an indication that the rechargeable device is sufficiently charged for a single use of the device).
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.
Claim 3, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waguespack (US 20060176017) in view of Young (US 4743831).
As to claim 3, Waguespack discloses the charging assembly of claim 1.
Waguespack does not disclose/teach wherein the controller selectively enables current to flow based on whether a connection between the first coupling end and the battery of the oral health device has surpassed a drain time.
Young teaches wherein the controller selectively enables current to flow based on whether a connection between the first coupling end and the battery of the oral health device has surpassed a drain time (Fig. 1 and Column line 64-65 charging batteries after discharge time).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the charging assembly of Waguespack wherein the controller selectively enables current to flow based on whether a connection between the first coupling end and the battery of the oral health device has surpassed a drain time in order to accurately take into account the deterioration of the useful battery life which occurs over the lifetime of a battery (Column 4 lines 15-28).
As to claim 13, Waguespack discloses the method of claim 9 (Interpreted as “The method of claim 12”. See 112 second rejection above).
Waguespack does not disclose/teach determining that the battery has remained electrically coupled to the charging assembly for a drain time; and re-enabling the current flow from the power source to the battery.
Young teaches and re-enabling the current flow from the power source to the battery (Fig. 1 and Column line 64-65 charging batteries after discharge time).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Waguespack to include determining that the battery has remained electrically coupled to the charging assembly for a drain time; and re-enabling the current flow from the power source to the battery in order to accurately take into account the deterioration of the useful battery life which occurs over the lifetime of a battery (Column 4 lines 15-28).
Young does not specifically teach that determining that the battery has remained electrically coupled to the charging assembly for a drain time.
However the Examiner takes official notice that batteries of devices can drain when it is connected to a charging assembly and the charging assembly is not powered on.
It would be obvious to one of ordinary skill in the art to modify Waguespack method to determining that the battery has remained electrically coupled to the charging assembly for a drain time in order for the uses to determine or be notified when the charging assembly is not powered on or operating.
As to claim 14, Waguespack in view of Young teaches the method of claim 10 (Interpreted as “The method of claim 13”. See 112 second rejection above).
Waguespack does not disclose/teach wherein the drain time is longer than the charge time.
However, it would be obvious to a person of ordinary skill in the art to have the charge time shorter than the drain time for the user to have a longer use time.
As to claim 15, Waguespack in view of Young teaches the method of claim 10, wherein the charge time corresponds to a time to fully charge the battery (Fig. 5 , 512 of Waguespack) and the drain time corresponds to a time to deplete the battery ((Fig. 2 of Young “discharge time”. Interpreted as “The method of claim 13, wherein the charge time corresponds to a time to fully charge the battery and the drain time corresponds to a time to deplete the battery”. See 112 second rejection above).
Claims 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waguespack (US 20060176017) in view of Burkhart (US 20180034308).
As to claim 6, Waguespack discloses the charging assembly of claim 1.
Waguespack does not disclose/teach wherein the second coupling end comprises a universal serial bus plug
Burkhart teaches wherein the second coupling end comprises a universal serial bus plug ([0027] connector 16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the charging assembly of Waguespack to include the second coupling end comprises a universal serial bus plug in order to uses Waguespack device in common universal power sources .
As to claim 7, Waguespack in view of Burkhart teaches the charging assembly of claim 6, wherein the first coupling end is a non-universal serial bus plug (Fig. 3 210 of Waguespack).
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waguespack (US 20060176017) in view of JOHANSKI (US 20170373517).
As to claim 8, Waguespack discloses the charging assembly of claim 1.
Waguespack does not disclose/teach a status indicator electrically coupled to the controller, wherein the status indicator illuminates when the controller enables current to flow from the second coupling end to the first coupling end.
JOHANSKI teaches a status indicator electrically coupled to the controller, wherein the status indicator illuminates when the controller enables current to flow from the second coupling end to the first coupling end ([0039] docking station 100 has its own visual indicator 120 to indicate a status of the handheld oral cleaning device 10, including whether the device is charged, charging, and/or requires charging).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the charging assembly of Waguespack to include a status indicator electrically coupled to the controller, wherein the status indicator illuminates when the controller enables current to flow from the second coupling end to the first coupling end in order to notify the user if and when the device is ready to use.
Claims 1,9,11, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkhart (US 20180034308) in view of Waguespack (US 20060176017)
As to claim 1, Burkhart discloses a charging assembly (figures 1 to 3 and [0027]) comprising:
a first coupling end including an electrical contact configured to electrically connect to a battery of the oral health device [Fig. 1 USB plug 16];
a second coupling end including an electrical contact configured to electrically connect to a power source [figure 1 plug 14]; and
a controller position between the first coupling end and the second coupling end and electrically coupled to the first coupling end and the second coupling end (Fig. 2 charging assembly 26 with processor 30), wherein the controller selectively enables current to flow from the second coupling end to the first coupling end (FIG. 5, [0045]-[0046]).
Burkhart does not disclose/teach the charging assembly is for an oral health device.
Waguespack teaches a charging assembly for an oral health device (Fig. 3 2C-3 200 or 300).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the charging assembly of Waguespack to be for an oral health device as it is a simple substitution of one known element for another to obtain predictable results.
As to claim 9, Burkhart in view of Waguespack teaches charging assembly of claim 1, wherein the controller comprises: a current limiter that reduces current flow from the second coupling end to the first coupling end (Fig. 5 step 208 of Burkhart).
As to claim 11, Burkhart in view of Waguespack teaches the charging assembly of claim 1, wherein the controller comprises a state machine to determine whether to enable or disable current flow (Fig. 5 of Burkhart).
As to claim 17, Burkhart discloses a charger for a device comprising: a first plug to couple to a socket of the device and electrically couple to a battery within the device [Fig. 1 USB plug 16]; a second plug to couple to a power source [figure 1 plug 14]; and a state machine circuit configured to selectively enable current to flow from the power source to the battery based on a charge state or a drain state of the battery (Fig. 5 step 204 display battery level. [0045] When switch, preferably tactile switch, 54 is pressed, a battery check step 204 is conducted. Preferably, both the DC/DC converter 36/38 and bypass 34 are disabled during the battery check.).
Burkhart does not disclose/teach the charging assembly is for an oral health device.
Waguespack teaches a charging assembly for an oral health device (Fig. 3 2C-3 200 or 300).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the charging assembly of Waguespack to be for an oral health device as it is a simple substitution of one known element for another to obtain predictable results.
As to claim 18, Burkhart in view of Waguespack teaches the charger of claim 17.
Burkhart does not disclose/teach the wherein the charge state is determined based on a time elapsed for a current flow from the power source to the battery.
Waguespack teaches wherein the charge state is determined based on a time elapsed for a current flow from the power source to the battery ([0039] step 406 of receiving an indication that the rechargeable device is sufficiently charged for a single use of the device).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the charging assembly of Waguespack to wherein the charge state is determined based on a time elapsed for a current flow from the power source to the battery in order to notify the user if and when the device is ready to use.
As to claim 19, Burkhart in view of Waguespack teaches the charger of claim 17.
Burkhart in view of Waguespack does not specifically disclose/teach wherein the drain state is determined based on a time elapsed without a current flow from the power source to the battery while the first plug has remained electrically coupled to the battery.
However, the Examiner takes official notice that a battery draining when it is connected to the first plug and the charging device is not connected to the power source is old and well known as the battery it is well known that the battery provides power to internal circuits when it is not in use.
It would be obvious to one of ordinary skill in the art to modify Burkhart to determine the drain state based on a time elapsed without a current flow from the power source to the battery while the first plug has remained electrically coupled to the battery in order for the uses to determine or be notified when the charging assembly is not powered on or operating.
As to claim 20, Burkhart in view of Waguespack teaches the charger of claim 17, further comprising a controller, wherein the state machine circuit forms a portion of the controller, and the controller further comprises: a current limiter to disable the current flow (Fig. 5 step 208 of Burkhart); and a battery detector configured to detect that the battery is electrically coupled to the first plug (Fig. 5 step 204 of Burkhart displaying battery level).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYNESE V MCDANIEL whose telephone number is (313)446-6579. The examiner can normally be reached on M to F, 9am to 530pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYNESE V MCDANIEL/Primary Examiner, Art Unit 2859
