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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/6/2024 was filed after and is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the recitation of the device being an oral care device, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
In regard to claim 1, the preamble has no patentable weight, and no where in the claim is it clear that this device is an oral care device—this current claim 1 could read on a child’s toy (this was not searched, however). The specification is clear that, while the device may not necessarily be a toothbrush, the device is in fact an oral care device, such as a toothbrush, flosser, irrigator, or the like. The Examiner considers this a critical feature of the invention—this must be recited in claim 1. As it stands, claim 1 is of undue breadth. Appropriate correction is required.
Claims 2-11 are further rejected for depending on claim 1.
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 1-13 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.
In regard to claim 1, line 9 and 10, the applicant recites the limitation of “the body”. This lacks proper antecedent basis. Appropriate correction is required.
Claims 2-13 are further rejected for depending on claim 1.
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(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamafuji et al (US 2020/0359778 A1) in view of Liu (US 2018/0065146 A1) or Applicant Admitted Prior Art.
In regard to claim 1, Yamafuji et al disclose a personal care device comprising:
a main device body (1), comprising a plurality of light sources (20—21B, 21G, 21R) and a controller (MPU/boost circuit; see Figure 2) for controlling the light sources; and
an attachment (5) adapted to releasably couple to the main device body, wherein the attachment comprises:
an attachment body;
a plurality of light patterning portions (6b—prism cut) integral with the attachment body, each light patterning portion arranged to receive light from at least one light input area of the body, and to provide a respective 3D illumination pattern (this is broad) within the attachment body when the respective light input area is illuminated, each light patterning portion being optically supplied by a different respective light input area (there is a red, a blue, and a green LED—the claim does not require that the pattern portions are uniquely supplied);
wherein at least a portion of the attachment body is formed of a light transmissible material, to permit each 3D illumination pattern to be visible to an observer at an exterior surface of the attachment body;
wherein the main device body comprises a respective light source for each of the light input areas of the attachment, each light source arranged to optically interface with a respective light input area when the attachment is coupled to the main device body, and each light source being individually controllable by the controller (see [0010]—multicolor and monochromatic modes are permitted);
wherein the controller is adapted to implement a lighting scheme comprising dynamically controlling the light sources to produce a dynamically varying overall 3D illumination pattern within the attachment body. (Figure 1A; see at least [0043] onward)
Where the 3D pattern is argued, both Liu and the Applicant’s Admitted Prior Art of Figure 1 teach a solid body having a 3D pattern, and it would have been obvious to one of ordinary skill in the art at the time of filing to replace the light transmissive portion of Yamafuji et al with that of either Liu or Applicant’s Admitted Prior Art in order to enhance the decorative effect.
In regard to claim 2, Yamafuji et al disclose the lighting scheme comprises dynamically varying a selection of the light sources which is illuminated, so as to produce a dynamically varying overall 3D illumination pattern in the attachment body (see [0049]—the Examiner reads “light emission pattern” as “dynamic variation”).
In regard to claim 3, Yamafuji et al disclose the attachment comprises at least three light patterning portions (there are plural prisms that extend up the shaft of the brush and around it), and wherein the respective 3D illumination patterns produced by the light patterning portions, when illuminated, are spaced from one another within the attachment body along at least a first dimension.
In regard to claim 4, Yamafuji et al disclose the controller is adapted to control the light sources so as to sequentially illuminate the light patterning portions, in order, along the at least first dimension, to thereby provide a sequentially progressing illumination pattern in the attachment body.
Where this is argued, sequential emission of the RGB LEDs is all that’s required to satisfy this claim—a light emission pattern of sequential patterning of RGB LEDs is notoriously old and well-known, and it would have been obvious to one of ordinary skill in the art at the time of filing to provide a sequential effect in order to provide for a decorative effect.
In regard to claim 5, Yamafuji et al disclose the each respective light patterning portion is adapted to produce a respective 3D illumination pattern comprising a plurality of discrete illumination nodes, spaced from one another in at least a second dimension (the LEDs are not in the same location—nodes would naturally develop across the prism because the LEDs are emitting from different locations).
In regard to claim 6, Yamafuji et al disclose the first dimension is perpendicular to the second dimension, and wherein the illumination nodes of neighboring illumination patterns are spaced from one another in both the first and second dimensions in such a way that the illumination nodes of the plurality of illumination patterns together define a set of diagonal rows, the diagonal rows spaced from one another along the second dimension (the prism pattern naturally forms diagonal rows that exist in both the first and second dimension—node occur due to placement of LEDs in the base).
In regard to claim 7, Yamafuji et al disclose the attachment has a proximal end, for coupling to the main device body, and a distal end, and wherein a second extension dimension of the attachment extends from the proximal end to the distal end, and wherein a first extension dimension extends perpendicular to the second dimension.
In regard to claim 8, Yamafuji et al disclose the device is adapted to perform an optical treatment function in which treatment light is emitted from at least one light output area of the attachment. (This is broad and poorly defined. There is clearly light that enters the mouth from the prism portions, red and blue light is known to provide health benefits. Is this an optical treatment? Under BRI, it is to the Examiner. The Examiner is also concern whether this claim satisfies 112(a)…)
In regard to claim 9, Yamafuji et al disclose the light patterning means portion comprises an optical structure with a 3D shape, and which is adapted to scatter, deflect or reflect light which is incident upon it.
In regard to claim 10, Yamafuji et al disclose a sub-surface material patterning in the body of the attachment having a 3D shape which, when illuminated, creates an illumination pattern which matches said 3D shape.
Where this is argued, Liu teaches a sub-surface material— it would have been obvious to one of ordinary skill in the art at the time of filing to provide a sub-surface material in order to improve the decorative effect.
In regard to claim 11, Yamafuji et al fail to disclose the light patterning portions comprise a 3D laser engraved pattern formed within the attachment body.
Both Liu and Applicant’s Admitted Prior Art teach laser engraved patterns. It would have been obvious to one of ordinary skill in the art at the time of filing to form the patterns using laser engraving in order to improve the decorative effect.
In regard to claim 12, Yamafuji et al disclose the device is an oral care device.
In regard to claim 13, Yamafuji et al disclose the device is powered toothbrush, and wherein the attachment is a brush head.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sohn (US 2020/0138555 A1) disclose a toothbrush.
Lin (US 2018/0103751 A1) disclose a toothbrush.
Li (US 2015/0013088 A1) disclose a toothbrush.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E DUNAY whose telephone number is (571)270-1222. The examiner can normally be reached 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James (Jong-Suk) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER E DUNAY/Primary Examiner, Art Unit 2875
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