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 1-2, 13-14 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 2 states “x-axis” and claim 14 states “x-axis” and “z-axis” however it is unclear which axis is which. Naming of axes is ambiguous and unclear. Both claims states that the “second axis” and the “third axis” are perpendicular to the central axis, however it is unclear how the second axis and third axis are different from each other. Please clarify.
Claim 2 recites the limitation "the x-axis" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 7-8, 10-15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kraus (USPN 7554225).
Kraus teaches a drivetrain assembly for a power toothbrush device (abstract), the power toothbrush device having a body portion (12), the drivetrain assembly comprising: a drivetrain shaft (7) at least partially contained within the body portion and configured to engage a brush head member; a motor (figure 1-4) mounted on the drivetrain shaft and configured to periodically rotate the drivetrain shaft about a first axis of the power toothbrush device (col. 5, lines 43-55; the motor is capable of generating an oscillatory rotational motion); and an electromagnetic assembly configured to drive the drivetrain shaft and thereby the brush head member about a second axis (col. 5, lines 43-55; produces oscillatory linearly motion) of the power toothbrush device, different than the first axis, or in a direction parallel to a third axis of the power toothbrush device.
With regards to claim 2, the first axis is a central axis of the power toothbrush device (longitudinal axis), the second axis is perpendicular to the central axis and the third axis (arrows in figure 10), and the third axis is perpendicular to the central axis and the x-axis.
With regards to claim 3, the electromagnetic assembly comprises: a magnet (5) connected to the drivetrain shaft; a stator (1) mounted to a base (12) within the body portion, wherein the stator is configured to generate magnetic fields suitable for interacting with the magnetic field of the magnet to periodically drive the magnet and thereby the drivetrain shaft and the brush head member in the direction parallel to the third axis of the power toothbrush device; and a bearing (11, 15) on the drivetrain shaft to maintain the movement of the brush head member in the direction parallel to the third axis.
With regards to claim 4, the bearing comprises a moveable support member surrounding the drivetrain shaft and parallel flexible flexures (11, 15) extending between the moveable support and the base, wherein the parallel flexible flexures constrain the movement of the brush head member in the direction parallel to the third axis.
With regards to claim 7, the electromagnetic assembly comprises: a magnet coil (9) separate from the motor and within the body portion.
With regards to claim 8, the electromagnetic assembly further comprises a pivot or hinge (11/15) arranged along the drivetrain shaft upon which the drivetrain shaft rotates such that the movement in the direction parallel to the third axis of the power toothbrush device is constrained.
With regards to claim 10, the pivot or hinge is located along the motor (figure 7-11 shows the hinges 11/15 being located along/within the motor).
With regards to claim 11, the pivot or hinge is located between the motor and the brush head member (figure 7, hinge 11 is located between motor and brush head).
With regards to claim 12, the motor comprises a first side and a second side opposite the first side, wherein the brush head member is positioned on the first side of the motor, and wherein the pivot or hinge (11; figure 8) is located on the second side of the motor (figure 8; left side is where brush head would be; and left side is hinge).
With regards to claim 13, a power toothbrush device, comprising: a brush head member (abstract) having a set of bristles; a body portion (12) coupled with the brush head member; and a drivetrain assembly within the body portion, the drivetrain assembly comprising: a drivetrain shaft (7) at least partially contained within the body portion and configured to engage the brush head member; a motor (figure 1-4) mounted on the drivetrain shaft and configured to periodically rotate the drivetrain shaft about a first axis of the power toothbrush device (col. 5, lines 43-55; the motor is capable of generating an oscillatory rotational motion); and an electromagnetic assembly configured to drive the drivetrain shaft and thereby the brush head member about a second axis (col. 5, lines 43-55; produces oscillatory linearly motion) of the power toothbrush device, different than the first axis, or in a direction parallel to a third axis of the power toothbrush device.
With regards to claim 14, the first axis is a central axis (longitudinal axis) of the power toothbrush device, the second axis is an x-axis of the power toothbrush device and perpendicular to the central axis (arrows in figure 10), and the third axis is a z-axis of the power toothbrush device and perpendicular to the central axis and the x-axis.
With regards to claim 15, the electromagnetic assembly comprises a stator (1).
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 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraus (‘225) in view of Lowe (PGPub 20160184054).
Kraus teaches all the essential elements of the claimed invention including a pivot (11/15) upon which the drivetrain shaft rotates (claim 6). Kraus however fails to teach that the electromagnetic assembly comprises a voice coil actuator (claim 5) or a linear solenoid actuator (claim 9).
Lowe teaches an orthodontic device that uses vibration from a motor with an eccentric weight, motor and linkage, motor rack and pinion, motor and drive belt, and similar mechanical methods. However, solenoid vibrators, linear coil vibrators, linear resonance actuators, voice coil actuators, and the like can also be used (paragraph 0040).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kraus’s eccentric weight for vibrating the brush head with a voice coil actuator or linear solenoid actuator as taught by Lowe since they are all equivalent means for producing vibration and are considered to be interchangeable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/Primary Examiner, Art Unit 3723
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