CTNF 18/719,315 CTNF 87014 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-36 AIA The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “driving mechanism”, as required in claim 13 , must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 8-12 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Steiner (US 2015/0282911) . Claim 1 Steiner discloses a mouthpiece assembly (10) for oral care application comprising a support plate (1) configured to be inserted in a mouth of a user and having a distal portion (defined by area pointed by reference numeral 13) and a proximal portion (defined by area pointed by reference numeral 19); a chain member (defined by combination of structure 20-24) configured to accommodate a section of teeth and gum of the user (see [0043]) and including a plurality of shackles (defined by 20-24 including bristles 31-33) that are arranged successively on the support plate (see [0030]) and that are hingeably coupled to each other (see [0033]); wherein a posterior shackle (20) is coupled to the support plate via a first fixed pivot (defined by combination of structure 40 and 38) in the distal portion of the support plate and an anterior shackle (24) is coupled to the support plate via a movable pivot in the proximal portion of the support plate (see figure 1); and wherein a configuration of the chain member is adjustable by allowing the plurality of shackles to move freely in a horizontal plane along the support plate between the first fixed pivot and the movable pivot such that the configuration of the chain member adapts to a curvature of a dental arch at the section of teeth and gum to be treated (see [0033] and [0038]). Claim 8 Steiner further discloses the plurality of shackles include a U-shaped vertical cross-section (see figure 3). Claim 9 Steiner further discloses the plurality of shackles are coupled to each other via a hingeable connection element (defined by tongues 28 engaging within grooves 29) (see [0033]). Claim 10 Steiner further discloses the hingeable connection element between the plurality of shackles extends along a lingual vertical wall (defined by sides of the shackles) of the plurality of shackles (see figures 1, 2 and 4). Claim 11 Steiner further discloses the chain member includes at least three shackles (defined by any three of shackles 20-24) (see figure 1). Claim 12 Steiner further discloses at least one of the plurality of shackles includes a cleaning material (defined by bristles 30-33) (see [0036]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Steiner (US 2015/0282911) in view of Brewer (WO 2022/109345) . Steiner discloses an oral care device (defined by combination of 10 and 46) comprising an mouthpiece assembly (10) for receiving a section, such as upper section, of teeth and gum situated in an jaw of a user. The mouth piece assembly disclosed by Steiner can be used either as an upper or lower mouthpiece assembly. Steiner discloses the mouthpiece assembly including a support plate (1) configured to be inserted in a mouth of a user and having a distal portion (defined by area pointed by reference numeral 13) and a proximal portion (defined by area pointed by reference numeral 19); a chain member (defined by combination of structure 20-24) configured to accommodate a section of teeth and gum of the user (see [0043]) and including a plurality of shackles (defined by 20-24 including bristles 31-33) that are arranged successively on the support plate (see [0030]) and that are hingeably coupled to each other (see [0033]); wherein a posterior shackle (20) is coupled to the support plate via a first fixed pivot (defined by combination of structure 40 and 38) in the distal portion of the support plate and an anterior shackle (24) is coupled to the support plate via a movable pivot in the proximal portion of the support plate (see figure 1); and wherein a configuration of the chain member is adjustable by allowing the plurality of shackles to move freely in a horizontal plane along the support plate between the first fixed pivot and the movable pivot such that the configuration of the chain member adapts to a curvature of a dental arch at the section of teeth and gum to be treated (see [0033] and [0038]). Steiner does not disclose an additional mouthpiece assembly to be used in the other, such as lower section, of teeth and gum of a jaw of the user; and a driving mechanism, as required. However, Brewer discloses an oral care device (100) comprising an upper and lower mouthpiece assemblies (412a and 412b) disposed over and under a brush head for receiving upper and lower teeth and gum from jaw of a user, the upper and lower mouthpiece assemblies including a driving mechanism (420) comprising bladders for adjusting the mouthpiece assemblies and keeping bristle tips properly engaged with teeth and gum (see abstract, [0054] and [0063]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the oral care device of Steiner having an upper and lower mouthpiece with a driving mechanism as taught by Brewer for cleaning the upper and lower teeth of the user at same time and the uses of a bladder for keeping bristle tips properly engaged with teeth and gum . 07-21-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Steiner (US 2015/0282911) . Steiner discloses a method for applying oral care comprising obtaining an oral care device that includes an adaptable mouthpiece assembly (10) including a support plate (11) configured to be inserted in a mouth of a user (see [0043]) and having a distal portion (defined by area pointed by reference numeral 13) and a proximal portion (defined by area pointed by reference numeral 19); a chain member (defined by combination of structure 20-24) configured to accommodate a section of teeth and gum of the user and including a plurality of shackles (defined by 20-24 including bristles 31- 33) that are arranged successively on the support plate (see [0030]) and that are hingeably coupled to each other (see [0033]); wherein a posterior shackle (20) is coupled to the support plate via a first fixed pivot (defined by combination of structure 40 and 38) in the distal portion of the support plate and an anterior shackle (24) is coupled to the support plate via a movable pivot in the proximal portion of the support plate (see figure 1); and wherein a configuration of the chain member is adjustable by allowing the plurality of shackles to move freely in a horizontal plane along the support plate between the first fixed pivot and the movable pivot such that the configuration of the chain member adapts to a curvature of a dental arch at the section of teeth and gum to be treated (see [0033] and [0038]). Steiner further discloses the assembly is dimensioned to fit within a human being’s mouth, allowing the shackles to contact teeth and gum of the user (see [0007]). Steiner further discloses the shackles/heads are coupled together allowing pivotal movement of the shackles/heads with respect to each other in order to accommodate arcuate reciprocating action (see [0009]). Steiner does not explicitly disclose steps of inserting the mouthpiece assembly into the mouth of the user whereby the chain member is in an undefined configuration prior to insertion; allowing the posterior shackle to make contact with the section of teeth and gum; fitting the mouthpiece assembly to the mouth of the user such that the chain member conforms to the dental arch of the section of teeth and gum to be treated; and applying an oral care procedure to the section of teeth and gum. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Steiner teaching the required steps for properly using the mouthpiece assembly and therefore cleaning the user’s teeth by fitting the mouthpiece assembly into the user’s mouth . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-7 and 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form). Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. RAFAEL A. ORTIZ Primary Examiner Art Unit 3736 /RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736 Application/Control Number: 18/719,315 Page 2 Art Unit: 3736 Application/Control Number: 18/719,315 Page 3 Art Unit: 3736 Application/Control Number: 18/719,315 Page 4 Art Unit: 3736 Application/Control Number: 18/719,315 Page 5 Art Unit: 3736 Application/Control Number: 18/719,315 Page 6 Art Unit: 3736 Application/Control Number: 18/719,315 Page 7 Art Unit: 3736 Application/Control Number: 18/719,315 Page 8 Art Unit: 3736 Application/Control Number: 18/719,315 Page 9 Art Unit: 3736
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