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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-13 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites
1. A processing arrangement for an oral care device, comprising:
an input/output; and
one or more processors, adapted to:
obtain an indication of a degree of tooth mobility of at least one infant tooth in the mouth of a user of the oral care device;
assess the degree of tooth mobility according to at least one pre-defined criterion for the tooth mobility; and
responsive to the degree of tooth mobility meeting the at least one pre-defined criterion, obtain an indicator of a permanent tooth emergence status at the site of the at least one infant tooth based on:
generating an output signal at the input/output for causing a user interface element to generate a prompt recommending that a user manually check for emergence of a permanent tooth at the site of the at least one infant tooth, or
generating a control signal at the input/output for controlling acquisition of an indicator of permanent tooth emergence status based on sensing or image data for the at least one infant tooth, or
determining an indicator of permanent tooth emergence status based on the indication of a degree of tooth mobility or historical values thereof; and
generate an infant tooth extraction recommendation in dependence upon the degree of tooth mobility and the indicator of permanent tooth emergence status; and
generate a data output indicative of the recommendation.
2. The processing arrangement of claim 1, further adapted to receive at the input/output sensing data related to an oral cleaning action performed using the device during an oral cleaning session, and wherein the degree of tooth mobility is determined based on the sensing data.
3. The processing arrangement of claim 1, further adapted to:
receive at the input/output a sensing signal indicative of a loading force or pressure applied to, or motion of, at least one cleaning element of the oral care device, wherein the signal spans a time period, the time period corresponding to a period of mechanical engagement of the at least one cleaning element with at least one tooth during an oral cleaning session, wherein the tooth is the at least one infant tooth; and determine the measure indicative of a degree of tooth mobility for at least one tooth based on processing of the sensing signal.
4. The processing arrangement of claim 3, further adapted to: process a waveform of the signal to extract one or more characteristics of the signal waveform for the time period, and determine the measure indicative of a degree of tooth mobility in dependence upon the extracted one or more signal waveform characteristics.
5. The processing arrangement of claim 1, wherein the indicator of a permanent tooth emergence status comprises:
a binary parameter indicative of emergence or non-emergence, or
a graded score indicative of a level of emergence.
6. The processing arrangement of claim 1, wherein indicator of a permanent tooth emergence status is obtained by processing the obtained degree of tooth mobility with a pre-determined tooth emergence algorithm:
based on image data of the site of the at least one infant tooth, received at the input/output from an image capture device, and based on processing of the image data with a predetermined image analysis algorithm, and/or
based on receiving at the input/output a user input signal from a user interface element indicative of the permanent tooth emergence status.
7. The processing arrangement of claim 1, wherein the one or more processors are adapted to:
access a datastore recording historical tooth mobility data for the at least one tooth of the user;
determine a longitudinal trend in the degree of tooth mobility for at least one tooth of the user based on the historical tooth mobility data and the determined degree of tooth mobility; and
wherein the indicator of a permanent tooth emergence status is determined in dependence on the longitudinal trend.
8. The processing arrangement of claim 1, wherein
the infant tooth extraction recommendation comprises a binary recommendation indicating whether or not the at least one tooth should be extracted.
9. The processing arrangement of claim 1, wherein
determining the tooth extraction recommendation is further based on a demographic classification of the user; and/or
the processing arrangement is further adapted to receive from a user interface an input indicative of a subjective discomfort level of the user, and wherein the determining the tooth extraction recommendation is further based thereon.
10. The processing arrangement of claim 1, wherein the recommendation is a recommendation to extract the tooth in the case that both:
the permanent tooth emergence status is positive; and
the mobility exceeds a predetermined extraction threshold.
11. An oral care device comprising:
a support body;
a plurality of cleaning elements for engagement with oral surfaces, the cleaning elements protruding from a surface of the support body; and
a processing arrangement in accordance with claim 1.
12. The device of claim 11, further comprising:
a sensor means adapted to sense a measure indicative of a loading force or pressure applied to, or motion of, at least one of the cleaning elements.
13. A computer implemented method comprising:
obtaining an indication of a degree of tooth mobility of at least one infant tooth in the mouth of a user of an oral care device;
assessing the degree of tooth mobility with at least one pre-defined criterion for the mobility; and
responsive to the degree of tooth mobility meeting the at least one pre-defined criterion obtaining an indicator of a permanent tooth emergence status at the site of the at least one infant tooth based on:
generating an output signal for causing a user interface element to generate a prompt recommending that a user manually check for emergence of a permanent tooth at the site of the at least one infant tooth, or
generating a control signal for controlling acquisition of an indicator of permanent tooth emergence status based on sensing or image data for the at least one infant tooth, or
determining an indicator of permanent tooth emergence status based on the indication of a degree of tooth mobility or historical values thereof;
generating an infant tooth extraction recommendation in dependence upon the degree of tooth mobility and the indicator of permanent tooth emergence status; and
generating a data output indicative of the recommendation.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting, by a processor, a user interface, an oral care device with a support body and cleaning elements, and sensor means, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the processor language, the obtaining an indicator, assessing degree, obtaining an indicator, determining an indicator, generating a recommendation, and generating data output, in the context of this claim encompasses a user manually making calculations or thinking about obtaining an indicator, assessing degree, obtaining an indicator, determining an indicator, generating a recommendation, and generating data output. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – processor, a user interface, an oral care device with a support body and cleaning elements, and sensor means. The processor is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts to no more than mere instructions to apply the exception using a generic computer component. The user interface, and sensor means recite only insignificant extra solution activity. The oral care device with a support body and cleaning elements only generally link to a field of use but does not integrate the abstract idea into a practical application. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of the processor amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The user interface, and sensor means recite only insignificant extra solution activity. The oral care device with a support body and cleaning elements only generally link to a field of use but does not integrate the abstract idea into a practical application (see paragraph 106-109, 147-150 of the instant disclosure). The claim is not patent eligible.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2016/0220196 to Stapleton, supplied by applicant.
1, 13. A processing arrangement and method for an oral care device, comprising: an input/output; and one or more processors (Fig. 8-9, paragraphs 117-150), adapted to:
obtain an indication of a degree of tooth mobility of at least one infant tooth in the mouth of a user of the oral care device (see claim 1, paragraph 74-93, processor receive "second data" measured from a probe indicating of a degree of tooth mobility observed);
assess the degree of tooth mobility according to at least one pre-defined criterion for the tooth mobility (claim 7, paragraph 74-93, based on clinical standard, i.e. pre-defined criterion, a second score assesses the severity of the tooth mobility); and
responsive to the degree of tooth mobility meeting the at least one pre-defined criterion, obtain an indicator of a permanent tooth emergence status at the site of the at least one infant tooth based on: generating an output signal at the input/output for causing a user interface element to generate a prompt recommending that a user manually check for emergence of a permanent tooth at the site of the at least one infant tooth, or generating a control signal at the input/output for controlling acquisition of an indicator of permanent tooth emergence status based on sensing or image data for the at least one infant tooth, or determining an indicator of permanent tooth emergence status based on the indication of a degree of tooth mobility or historical values thereof; and generate an infant tooth extraction recommendation in dependence upon the degree of tooth mobility and the indicator of permanent tooth emergence status; and generate a data output indicative of the recommendation (claims 1, 14; paragraphs 74-93, 101-116).
2. The processing arrangement of claim 1, further adapted to receive at the input/output sensing data related to an oral cleaning action performed using the device during an oral cleaning session, and wherein the degree of tooth mobility is determined based on the sensing data (paragraph 72, 93, 103, 109, 118).
3. The processing arrangement of claim 1, further adapted to: receive at the input/output a sensing signal indicative of a loading force or pressure applied to, or motion of, at least one cleaning element of the oral care device, wherein the signal spans a time period, the time period corresponding to a period of mechanical engagement of the at least one cleaning element with at least one tooth during an oral cleaning session, wherein the tooth is the at least one infant tooth; and determine the measure indicative of a degree of tooth mobility for at least one tooth based on processing of the sensing signal (paragraph 72, 93, 103, 109, 118).
4. The processing arrangement of claim 3, further adapted to: process a waveform of the signal to extract one or more characteristics of the signal waveform for the time period, and determine the measure indicative of a degree of tooth mobility in dependence upon the extracted one or more signal waveform characteristics (paragraph 72, 93, 103, 109, 118).
5. The processing arrangement of claim 1, wherein the indicator of a permanent tooth emergence status comprises: a binary parameter indicative of emergence or non-emergence, or a graded score indicative of a level of emergence (paragraph 34-86, 101-116).
6. The processing arrangement of claim 1, wherein indicator of a permanent tooth emergence status is obtained by processing the obtained degree of tooth mobility with a pre-determined tooth emergence algorithm: based on image data of the site of the at least one infant tooth, received at the input/output from an image capture device, and based on processing of the image data with a predetermined image analysis algorithm, and/or based on receiving at the input/output a user input signal from a user interface element indicative of the permanent tooth emergence status (paragraph 72, 93, 103, 109, 118).
7. The processing arrangement of claim 1, wherein the one or more processors are adapted to: access a datastore recording historical tooth mobility data for the at least one tooth of the user; determine a longitudinal trend in the degree of tooth mobility for at least one tooth of the user based on the historical tooth mobility data and the determined degree of tooth mobility; and wherein the indicator of a permanent tooth emergence status is determined in dependence on the longitudinal trend (paragraph 34-86, 101-116).
8. The processing arrangement of claim 1, wherein the infant tooth extraction recommendation comprises a binary recommendation indicating whether or not the at least one tooth should be extracted (paragraph 34-86, 101-116).
9. The processing arrangement of claim 1, wherein determining the tooth extraction recommendation is further based on a demographic classification of the user; and/or the processing arrangement is further adapted to receive from a user interface an input indicative of a subjective discomfort level of the user, and wherein the determining the tooth extraction recommendation is further based thereon (paragraph 101-134).
10. The processing arrangement of claim 1, wherein the recommendation is a recommendation to extract the tooth in the case that both: the permanent tooth emergence status is positive; and the mobility exceeds a predetermined extraction threshold (paragraph 101-134).
11. An oral care device comprising: a support body; a plurality of cleaning elements for engagement with oral surfaces, the cleaning elements protruding from a surface of the support body; and a processing arrangement in accordance with claim 1 (paragraph 72, 93, 103, 109, 118).
12. The device of claim 11, further comprising: a sensor means adapted to sense a measure indicative of a loading force or pressure applied to, or motion of, at least one of the cleaning elements (paragraph 72, 93, 103, 109, 118).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896
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