DETAILED ACTION
This action is in response to the initial filing filed on May 1, 2024 Claims 1-14 have been examined in this application.
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 .
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on 5/1/2024, has been acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings filed on May 1st, 2024 are acceptable subject to correction of the informalities indicated below. In order to avoid abandonment of this application, correction is required in reply to the Office action. The correction will not be held in abeyance.
In Figure 1, it is unclear what element “100” is referring to. Either an update to the specification or an update to the drawings is required.
In Figure 2, it is unclear what element “200” is referring to. Either an update to the specification or an update to the drawings is required.
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 1-7, and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ogunsina (WO 2021/044129 A1) in view of Van Gool et al. (US 2017/0303673 A1), in view of Yoshida et al. (US 2016/0022393 A1).
Regarding Claim 1, Ogunsina discloses a toothbrush adapted to provide an indication of historic brushing performance of a user comprising (Pg. 1 Lines 1-5 The present invention relates to an electric toothbrush, and in particular an electric toothbrush which can provide feedback to the user regarding brushing pressure, Pg. 1 Lines 24-29 The app or program then provides feedback (indication of historic brushing performance) to the user about how they have brushed their teeth):
a location sensor configured to determine a positioning of a cleaning element of the toothbrush (Pg. 2 Lines 28-31 The present invention may provide the advantage that, by linking values of the orientation signal with values of the pressure signal, the user can be better informed about which parts of the mouth (determine a positioning) are being or have been brushed too hard. This can help the user to correct their brushing technique, Pg. 7 Lines 16-17 The orientation signal may be produced, for example, based on the output of a motion sensor such as an accelerometer);
a memory module configured to store historic brushing performance values corresponding to oral surfaces of the user (Pg. 3 Lines 8-11 The device may be arranged to store linked values of the pressure signal and the orientation signal in memory. This can allow the device to log values of pressure and associated orientation over time and use them to provide feedback to the user to help them improve their brushing technique);
a feedback component integrated with the toothbrush, the feedback component comprising a sensory output means (Pg. 13 Lines 2-5 The control module 46 also provides feedback to the user, based on the orientation signal. This may be done by controlling the speed of the motor 16, controlling the LEDs (sensory output) 26, and/or sending a signal to the mobile device 38 via the Bluetooth module 36, Pg. 29 Lines 5-7 When brushing without being connected to an external device, pressure feedback can be achieved using the sector lights 74 on the toothbrush, each of which corresponds to a different part of the mouth); and
a processor configured to (Pg. 23 Lines 2-4 These steps may be carried out by a pressure detection module running as software on a processor such as microcontroller 30 in Figure 2):
determine an oral surface of the user engaged by the cleaning element of the toothbrush based on an output from the location sensor (Pg. 12 Lines 33-34 The result of the comparison is an orientation signal O (output from the location sensor), which provides an indication of which area of the mouth (oral surface) the user is brushing); and
to control the feedback component to provide an indicator corresponding to the oral surface engaged by the cleaning element (Pg. 29 Lines 7-9 For example, the relevant sector light (selected based on the value of the orientation signal) could lit when the pressure corresponding to that sector exceeds a threshold); and
wherein the toothbrush is operable in a brushing state, in which a vibration source causes vibration of the cleaning element (Pg. 13 Lines 11-12 The battery 18 supplies current to the motor 16, in order to produce vibration of the toothbrush head); and
wherein the processor is configured to control the provision of the indicator as the toothbrush is moved along the oral surfaces of the user (Pg. 29 Lines 7-9 For example, the relevant sector light (indicator) (selected based on the value of the orientation signal) could lit when the pressure corresponding to that sector exceeds a threshold).
However, Ogunsina is not relied upon disclosing to control the feedback component to provide an indicator of stored historic brushing performance values corresponding to the oral surface engaged by the cleaning element; in a non-brushing state in which the vibration source is inactive; and an indicator of the historic brushing performance when the toothbrush is in the non-brushing state.
Van Gool teaches to control the feedback component to provide an indicator of stored historic brushing performance values corresponding to the oral surface engaged by the cleaning element ([0046] the toothbrush in FIG. 6A shows that the upper right quadrant 56 is activated, which may indicate that the upper right quadrant of the mouth was not brushed hard enough or a long enough during the last brushing (historic brushing performance)); and
an indicator of the historic brushing performance when the toothbrush is in the non-brushing state ([0007] when a user turns on a toothbrush, the user will get feedback about the user's previous brushing session (historic brushing performance) to see whether and how the user should improve on brushing).
However, Van Gool is not relied upon disclosing in a non-brushing state in which the vibration source is inactive.
Yoshida teaches in a non-brushing state in which the vibration source is inactive ([0020] the proper value for the number of reciprocations of the toothbrush per minute in a manual brushing action (hereinafter, referred to also as brushing frequency) may be stored (historic performance) in advance so that the brushing frequency is calculated from the waveform output from the acceleration sensor during tooth-brushing, it is determined whether the number of vibrations falls within the preset proper value, and when the number of vibrations is smaller than the proper value, the user is instructed to increase the brushing speed, and when the number of vibrations is larger than the proper value, the user is instructed to decrease the brushing speed, [0061] Even if the battery 6 becomes out of charge, the electric toothbrush 1 can be used for tooth-brushing as a manual toothbrush).
Ogunsina and Van Gool are both considered to be analogous to the claimed invention, because they are in the same field of electric toothbrushes that provide feedback to users. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying a toothbrush adapted to provide an indication of historic brushing performance of a user, as disclosed by Ogunsina, further including to control the feedback component to provide an indicator of stored historic brushing performance values corresponding to the oral surface engaged by the cleaning element; and an indicator of the historic brushing performance when the toothbrush is in the non-brushing state, as taught by Van Gool for the purpose of providing feedback to a user to inform the user about their brushing behavior and if the user is improving upon his/her oral health and/or brushing behavior over time (Van Gool, [0050]).
Ogunsina and Yoshida are both considered to be analogous to the claimed invention, because they are in the same field of electric toothbrushes. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying a toothbrush adapted to provide an indication of historic brushing performance of a user, as disclosed by Ogunsina, further including in a non-brushing state in which the vibration source is inactive, as taught by Yoshida for the purpose of allowing users to continue using a toothbrush even when the battery runs out (Yoshida, [0061]).
Regarding Claim 2, Ogunsina discloses wherein the sensory output means is configurable to exhibit one of a pre-defined set of discrete sensory output states (Pg. 29 Lines 9-12 Alternatively, a “traffic light” system (pre-defined set) could be used, whereby a particular sector light is displayed with a particular colour, such as red, amber or green (discrete sensory output states), in dependence on the pressure corresponding to that sector).
Regarding Claim 3, Ogunsina discloses wherein the sensory output means comprises a light source (see FIG. 15 item 74) configured to provide the indicator of the historic brushing performance values (Pg. 29 Lines 5-7 When brushing without being connected to an external device, pressure feedback can be achieved using the sector lights 74 on the toothbrush, each of which corresponds to a different part of the mouth).
Regarding Claim 4, Ogunsina is not relied upon disclosing wherein the sensory output means comprises a sound source configured to provide the indicator of the historic brushing performance values.
Van Gool teaches wherein the sensory output means comprises a sound source configured to provide the indicator of the historic brushing performance values ([0049] sounds, such as positive feedback (a pleasing “ding” sound ) or negative feedback (a buzz or “raspberry”), or digitalized speech (such as “try less force than before” or “could improve” etc.) can be provided to inform the user about the outcome of the previous brushing session (or sessions)).
Regarding Claim 5, Ogunsina is not relied upon disclosing wherein the sensory output means comprises a haptic source configured to provide the indicator of the historic brushing performance values.
Van Gool teaches wherein the sensory output means comprises a haptic source configured to provide the indicator of the historic brushing performance values ([0048] haptic feedback is given. For example, a vibration or number of vibrations by the toothbrush can be given which correlate with the outcome of brushing).
Regarding Claim 6, Ogunsina discloses wherein the processor is configured to:
compare the historic brushing performance values to one or more performance threshold values (Pg. 29 Lines 7-9 For example, the relevant sector light (selected based on the value of the orientation signal) could lit when the pressure corresponding to that sector exceeds a threshold).
However, Ogunsina is not relied upon disclosing control the feedback component to provide the indicator of the historic brushing performance values based on the comparison.
Van Gool teaches control the feedback component to provide the indicator of the historic brushing performance values based on the comparison ([0036] (iii) comparing the sensor data to the retrieved standards; (iv) determining if there are any sensor data that differ sufficiently from the retrieved standards).
Regarding Claim 7, Ogunsina discloses wherein the historic brushing performance values comprise a plurality of pressure values, each pressure value indicative of a loading force applied to the cleaning element by engagement with an oral surface during previous brushing sessions (Pg. 5 Lines 30-33 The means for producing a pressure signal may comprise, for example, a switch which is activated when the pressure applied to the toothbrush head exceeds a certain value, or a pressure sensor arranged to measure the amount of pressure being applied).
Regarding Claim 9, Ogunsina discloses wherein the historic brushing performance values include brushing performance values obtained during a previous predetermined period of time and optionally wherein the predetermined period of time is a number of previous brushing sessions, an amount of cumulative previous brushing time, or a previous number of days (Pg. 29 Lines 34-35 If desired, multiple brushing sessions can be aggregated over a full brush session or multiple brush sessions. This can allow a pressure map of the mouth to be Pg. 30 Lines 1-2 provided after a brush session or over a specified period of time, for example, a day, week, month etc, Pg. 30 Line 35 Pg. 31 The time, Lines 1-10 period TP may correspond to, for example, part of a brushing session, a whole brushing session, or multiple brushing sessions. The time period TP may be entered by a user, or may be prestored in the device, or may be produced automatically by the application running on the device. In step 224 the mobile device identifies the pressure values for each area of the mouth within the time period TP, based on the values of the orientation signal O and the timing signal T associated with each pressure value. In step 226 the mobile device produces an average value of pressure for each area of the mouth over the time period TP. In step 228 the mobile device stores the average value of pressure for each area of the mouth over the time period TP in memory as a brushing pressure map).
Regarding Claim 10, Ogunsina discloses wherein the oral surfaces comprise individual teeth of the user, and optionally wherein the oral surfaces comprise sections of individual teeth of the user (Fig. 14, Pg. 31 Lines 14-20 Figure 14 shows an example of a brushing pressure map shown on the screen of the mobile device. Referring to Figure 14, the screen is used to show a representation of the teeth in the user’s mouth. Each of the teeth (individual teeth of the user) is displayed in a particular colour, with the colour representing a particular range of brushing pressures).
Examiner’s Note: Under the broadest reasonable interpretation of the claim language, the “optional” claim limitation is not required to be addressed by the prior art of record. Therefore, the combination of Ogunsina and Van Gool is sufficient for reading on the claimed limitation(s) set forth in claim 10.
Regarding Claim 11, Ogunsina discloses wherein the memory module is configured to store historic brushing performance values corresponding to oral surfaces of the user, of a plurality of different brushing performance types, the toothbrush further comprising:
wherein the processor is configured to control the feedback component (Pg. 13 Lines 7-9 The control module 46 also receives the estimate of the brushing dynamics D from the filtering module 40. The control module 46 is also able to provide feedback and control based on the value of the brushing dynamics D, Pg. 17 Lines 34-35, As the user uses the device, the device will collect and store more data corresponding to more brushing sessions. Pg. 18 Lines 1-3 This data can be sent to the external device which analyses the historical data and updates the clustering thresholds if it is found that they are inappropriate (for example, too stringent or lenient) for a particular user).
However, Ogunsina is not relied upon disclosing a selection interface configured to receive a brushing performance type from the user, and wherein the processor is configured to control the feedback component to provide an indicator of stored historic brushing performance values corresponding to the received brushing performance type.
Van Gool teaches a selection interface configured to receive a brushing performance type from the user, and wherein the processor is configured to control the feedback component to provide an indicator of stored historic brushing performance values corresponding to the received brushing performance type ([0022] Examples of user interfaces (selection interfaces) that may be employed in various implementations of the present disclosure include, but are not limited to, switches, potentiometers, buttons, dials, sliders, track balls, display screens, various types of graphical user interfaces (GUIS), touch screens, microphones and other types of sensors that may receive some form of human-generated stimulus and generate a signal in response thereto, [0054] Because some individuals might have more plaque accumulation in the evening compared to the morning, or may brush differently in the morning versus the evening (types), the brushing session (morning, evening, etc.) can be selected by the user (corresponding to the received brushing performance type)).
Regarding Claim 12, Ogunsina discloses wherein the toothbrush further comprises:
wherein the memory module is configured to store historic brushing performance values including the sensed loading force applied to the cleaning element by each of the oral surfaces of the user during a brushing session (Pg. 5 Lines 30-33 The means for producing a pressure signal may comprise, for example, a switch which is activated when the pressure applied to the toothbrush head exceeds a certain value, or a pressure sensor arranged to measure the amount of pressure being applied, Pg. 17 Lines 34-35, As the user uses the device, the device will collect and store more data corresponding to more brushing sessions. Pg. 18 Lines 1-3 This data can be sent to the external device which analyses the historical data and updates the clustering thresholds if it is found that they are inappropriate (for example, too stringent or lenient) for a particular user, Pg. 20 Lines 7-13 The motor current serves as an indirect pressure indicator. When a user changes the pressure by pressing the toothbrush head against the teeth, the load on the motor is changed, and this causes the amount of current which it draws to change. The motor current being drawn is compared against thresholds to determine the pressure being applied by the user, Pg. 23 Lines 24-27 In step 158 the threshold current value is defined by scaling the zero-load and load current values based on the desired pressure threshold and the calibration pressure. This is done using predetermined relationships (e.g. linear functions) stored in memory).
However, Ogunsina is not relied upon disclosing a pressure sensor configured to sense a loading force applied to the cleaning element by engagement with each of the oral surfaces of the user
Van Gool teaches a pressure sensor configured to sense a loading force applied to the cleaning element by engagement with each of the oral surfaces of the user ([0034] a force sensor can be used to detect bristle pressure, load, or force applied against the teeth).
Regarding Claim 13, Ogunsina discloses wherein the toothbrush further comprises:
a clock module configured to determine a length of time the cleaning element is engaged with each of the oral surfaces of the user, and wherein the memory module is further configured to store historic brushing performance values including the determined length of time the cleaning element is engaged with each of the oral surfaces of the user during a brushing session (Pg. 29 Lines 14-23 The brushing session is given a time stamp (date and time) by the clock module 72. The brushing session is then divided into a plurality of brushing time units (for example, 50ms, 500m, 1s, etc.) (time engaged with oral surfaces). Each time unit is labelled with the values of the orientation signal O and the pressure signal P at that point in time. The labelled time units are stored in the memory 32).
Van Gool further teaches a clock module configured to determine a length of time the cleaning element is engaged with each of the oral surfaces of the user, and wherein the memory module is further configured to store historic brushing performance values including the determined length of time the cleaning element is engaged with each of the oral surfaces of the user during a brushing session ([0037] Clock 52 may be utilized by controller 42 in order to determine the brushing time, duration, and date, and may be utilized by controller 42 in order to recall the appropriate standards (historic brushing performance) from memory 32)
Regarding Claim 14, Ogunsina discloses a method for providing an indication of historic tooth-brushing performance of a user, wherein the toothbrush is operable in a brushing state, in which a vibration source causes vibration of the cleaning element, and in a non-brushing state in which the vibration source is inactive (Pg. 1 Lines 1-5 The present invention relates to an electric toothbrush, and in particular an electric toothbrush which can provide feedback to the user regarding brushing pressure, Pg. 1 Lines 24-29 The app or program then provides feedback (indication of historic brushing performance) to the user about how they have brushed their teeth, Pg. 11 Lines 12-15 The microcontroller module 22 is used to control the motor 16 to cause vibration of the toothbrush head 14, in order to brush the user’s teeth (operable in a brushing state). One or more buttons 25 are provided to turn the device on and off (off – a non-brushing state, vibrations would be off if the device is off), and/or to adjust the settings, Pg. 13 Lines 11-12 The battery 18 supplies current to the motor 16, in order to produce vibration of the toothbrush head (current cannot be supplied if a toothbrush is in an off (non-brushing) state)), the method comprising:
determining an oral surface of the user engaged by a cleaning element of a toothbrush (Pg. 12 Lines 33-34 The result of the comparison is an orientation signal O (output from the location sensor), which provides an indication of which area of the mouth (oral surface) the user is brushing);
obtaining historic brushing performance values corresponding to oral surfaces of the user (Pg. 3 Lines 8-11 The device may be arranged to store linked values of the pressure signal and the orientation signal in memory (historic brushing performance). This can allow the device to log values of pressure (corresponding to oral surfaces) and associated orientation over time and use them to provide feedback to the user to help them improve their brushing technique); and
controlling a feedback means integrated in the toothbrush to provide, as the toothbrush is moved along the oral surfaces of the user (Pg. 29 Lines 7-9 For example, the relevant sector light (selected based on the value of the orientation signal) could lit when the pressure corresponding to that sector exceeds a threshold).
However, Ogunsina is not relied upon disclosing in the non-brushing state; and an indicator of the historic brushing performance values of the oral surface corresponding to the oral surface engaged by the cleaning element, wherein the indicator comprises a sensory output.
Van Gool teaches in the non-brushing state ([0016] the electronic oral cleaning system further comprises an on/off (off – a non-brushing state) switch on the toothbrush, and the feedback system is configured to communicate brushing information to the user after the user activates the on/off switch at a time subsequent to the first brushing session); and
an indicator of the historic brushing performance values of the oral surface corresponding to the oral surface engaged by the cleaning element, wherein the indicator comprises a sensory output ([0046] the toothbrush in FIG. 6A shows that the upper right quadrant 56 is activated, which may indicate that the upper right quadrant of the mouth was not brushed hard enough or a long enough during the last brushing (historic brushing performance)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ogunsina (WO 2021/044129 A1) in view of Van Gool et al. (US 2017/0303673 A1), in view of Yoshida et al. (US 2016/0022393 A1), and in further view of Vetter et al. (US 2016/0374609 A1).
Regarding Claim 8, Ogunsina discloses wherein the historic brushing performance values comprise a plurality of time values (Pg. 29 Lines 15-20 The brushing session is given a time stamp (date and time) by the clock module 72. The brushing session is then divided into a plurality of brushing time units (for example, 50ms, 500m, 1s, etc.). Each time unit is labelled with the values of the orientation signal O and the pressure signal P at that point in time).
Ogunsina is not relied upon disclosing each time value indicative of a time elapsed in which the cleaning element spent engaged with an oral surface during previous tooth-brushing sessions
Vetter teaches each time value indicative of a time elapsed in which the cleaning element spent engaged with an oral surface during previous tooth-brushing sessions ([0063] A summary feedback may be provided by showing how much time is used for each tooth zone during and/or after the brushing. An overall brushing result may be provided by showing if any tooth zone was missed or if all the tooth zones have been brushed properly).
Ogunsina and Vetter are both considered to be analogous to the claimed invention, because they are in the same field of electric toothbrushes that provide information to users. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying a toothbrush adapted to provide an indication of historic brushing performance of a user, as disclosed by Ogunsina, further including each time value indicative of a time elapsed in which the cleaning element spent engaged with an oral surface during previous tooth-brushing sessions, as taught by Vetter for the purpose of motivating users to re-brush the tooth zones which have been missed or have not been brushed for enough time (Vetter, [0063]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pai et al. (US 2020/0046111 A1) is in the field of methods for making personalized toothbrush devices (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMID TARIQ HAFIZ whose telephone number is (571) 272-4629. The examiner can normally be reached 7:30 AM - 5:00 PM, Monday through Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMID TARIQ HAFIZ/
Examiner, Art Unit 3715
/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
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