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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-17 in the reply filed on 23 July 2026 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a movement component” in claim 1 (corresponds to a bracket, motor, battery), “a light-emitting element” in claim 1 (corresponds to a display screen, LCD or OLED, or lamp beads).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-11, 14-15 and 17 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 9 line 4 recites “a light-transmitting appearance” and then recites the limitation "the light-transmitting appearance layer" in lines 5-6. There is insufficient antecedent basis for "the light-transmitting appearance layer" in the claim unless line 4 was instead meant to recite “a light-transmitting appearance layer”.
Claim 11 line 3 recites “…making the pattern layer to be more stereoscopic.” It is unclear what is meant by “to be more”?
Claim 14 recites the limitations "the outer wall surface" in line 3, “the opposite both sides” in line 4 and “the middle part” in line 5. There is insufficient antecedent basis for these limitations in the claim. The examiner finds the language in lines 3-6 unclear and confusing. Is it a distance between a display screen and a machine casing that is gradually decreasing to a middle or central location of the length direction or a distance between a display screen and a machine casing decreases and then stops along a length direction of the machine casing? It is unclear what is meant by “or decreased and then remained unchanged” in lines 5-6.
Claim 17 recites the limitation "the circumferential direction" in line 4. 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) 1-2, 9-10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li, CN 113808500 (see English translation).
Regarding claim 1, Li discloses an electric toothbrush (10, 20; Figure 1) comprising: a handle housing (10, 11) including: a machine casing (11) comprising an accommodating cavity (111), a display casing connected to the machine casing (12, see Figures), the display casing comprising a light-transmitting area (18; see English translation last paragraph of page 6) and at least one button hole penetrating into the display casing (123, Figure 4); at least one button correspondingly accommodated into the at least one button hole (19, Figures 4-5); and a movement component (via motor 13, drive shaft 131, power supply 14) and a light-emitting element (153), each accommodated in the accommodating cavity (Figure 4), wherein the light-emitting element is disposed corresponding to the light-transmitting area (Figure 4), such that light emitted by the light-emitting element are emitted from the light-transmitting area (see page 3 and last paragraph of page 6 of English translation), and at least a part of the at least one button is molded integrally as an integral part (the Figures show that it integrally formed as one piece), with a hole wall of the corresponding button hole (Figure 4; page 7 of English translation describes button as key 19 mounted to hole wall/mounting groove 122 of the hole 123, the button/key and display casing 12 are mounted at the same time integrally, includes in-mould injection to avoid a gap). Regarding claim 2, the each of at least one button comprises an edge part that matches a shape of the hole wall of the corresponding button hole (193, Figures 4-5 and English translation page 7), the at least one button is integrally molded with the hole wall of the corresponding button hole through the edge part, such that each of the at least one button and the hole wall of the corresponding button hole are integrally molded as an integral part (they are assembled to form an integral piece, Figures 4-5; button and opening of display casing are mounted at the same time integrally, see page 7 of the English translation). Regarding claim 9, the display casing (12) comprises: a light-transmitting substrate (18, transparent or semi-transparent soft rubber piece, see English translation), a light-transmitting appearance layer (125a, see English translation), and a patterned middle layer provided between the light-transmitting substrate and the light-transmitting appearance layer (121 and 124, English translation and Figure 7). Regarding claim 10, the display casing further comprises a pattern layer selectively disposed on one of a first position or a second position (pattern layer is laser etching area on an inner surface of display panel 12, see English translation), the second position is disposed between the light transmitting substrate and the light-transmitting appearance layer (Figure 7) and is formed with a preset pattern (pattern is the etched design, English translation). Regarding claim 12, the light-emitting element comprises a display screen with a light-emitting area (LED 153), the machine casing comprises at least one light-transmitting hole (holes 113, Figure 4), and the at least one light-transmitting hole is at least one through-hole opened at the bottom of an installation groove (groove of hole 113, described as a though-hole in the English translation), the number of light-transmitting holes is multiple (Figure 4), the plurality of light-transmitting holes are arranged at intervals along the length direction of the handle housing in sequence (Figure 4), the display screen comprises a plurality of light-emitting areas (areas where 153 are located, multiple shown in Figure 6), and corresponds to the light-transmitting holes in position by one-to-one correspondence (Figure 4 and 6).
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang, CN 209966617 U (see English translation).
Regarding claim 1, Liang discloses an electric toothbrush (see English translation of Abstract) comprising: a handle housing (10) including: a machine casing (100) comprising an accommodating cavity (not shown, “interior of housing” described in the English translation), a display casing connected to the machine casing (300), the display casing comprising a light-transmitting area (area of 320 is semi-transparent to emit light, see English translation) and at least one button hole penetrating into the display casing (unlabeled, opening where 300 is received on casing 100); at least one button correspondingly accommodated into the at least one button hole (310, 320, 330, Figures 1-2); and a movement component (“electronic elements” mounted in handle 10 are not shown, see English translation; also includes unlabeled shaft extending from the handle in Figure 1) and a light-emitting element (“light emitting part (not shown)”, described in English translation), each accommodated in the accommodating cavity (within 100, see English translation), wherein the light-emitting element is disposed corresponding to the light-transmitting area (see English translation), such that light emitted by the light-emitting element are emitted from the light-transmitting area (see English translation, “to observe the working state of the electric toothbrush”), and at least a part of the at least one button is molded integrally as an integral part (see English translation referring to Fig. 7 and Fig. 8), with a hole wall of the corresponding button hole (see English translation of claim 1). Regarding claim 2, the each of at least one button comprises an edge part that matches a shape of the hole wall of the corresponding button hole (unlabeled edge part, Figures 2, 6 and 7 in particular), the at least one button is integrally molded with the hole wall of the corresponding button hole through the edge part, such that each of the at least one button and the hole wall of the corresponding button hole are integrally molded as an integral part (they are assembled to form an integral piece as shown in the Figures, see also English translation of claim 1 and paragraph above the heading “Description”). Regarding claim 3, the at least one button further comprises at least one inner extension part connected to the edge part (350, Figure 7), the inner extension part is extended along a direction away from the at least one button hole to an inner wall of the display casing (see English translation regarding Fig. 7 and Fig. 8 and Figures), and the inner extension part and the inner wall of the display casing are integrally molded as an integral part (see English translation regarding Fig. 7 and Fig. 8 and Figures). Regarding claim 4, the at least one inner extension part is extended through the inner wall of the display casing to the inner wall of the machine casing (not shown, see English translation regarding Fig. 7 and Fig. 8), and the at least one inner extension part and the inner wall of the machine casing are integrally molded as an integral part (see English translation regarding Fig. 7 and Fig. 8). Regarding claim 5, the at least one button comprises: a pressing part accommodated in the at least one button hole (320), and at least one inner extension part connected to the pressing part (340), the at least one inner extension part is extended from the pressing part through an inner wall of the display casing to the inner wall of the machine casing (via 350, not shown, see English translation regarding Fig. 7 and Fig. 8), and the at least one inner extension part, the inner wall of the display casing, and the inner wall of the machine casing are integrally molded as an integral part (Figure 7, see English translation regarding Fig. 7 and Fig. 8). Regarding claim 7, the display casing and the machine casing are integrally molded as an integral part (see English translation of claims 1-2).
Claim(s) 1, 5 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagner, US 10,610,008.
Regarding claim 1, Wagner discloses an electric toothbrush (100, Figures 1A-1B) comprising: a handle housing (housing of 102) including: a machine casing (106) comprising an accommodating cavity (cavity within 106, see Figures), a display casing connected to the machine casing (108), the display casing comprising a light-transmitting area (area of 116, 118, 119 that illuminate) and at least one button hole penetrating into the display casing (200, 202; Figure 3A); at least one button correspondingly accommodated into the at least one button hole (110, 112); and a movement component (includes batteries 120, motor 122, drive assembly 134, chassis 148, shaft 132) and a light-emitting element (142, 152, 128, 136, 196, 124, 144; column 7 lines 7-61), each accommodated in the accommodating cavity (see Figures 2B, 3B), wherein the light-emitting element is disposed corresponding to the light-transmitting area (see Figures), such that light emitted by the light-emitting element are emitted from the light-transmitting area (column 4 lines 62-64, column 6 line 64 to column 7 line 6), and at least a part of the at least one button is molded integrally as an integral part (part of button is diffuser 136 and that part is molded integrally column 9 lines 10-13, column 10 lines 39-44), with a hole wall of the corresponding button hole (walls of holes 200, 202; column 10 line 59 to column 11 line 12). Regarding claim 5, the at least one button comprises: a pressing part accommodated in the at least one button hole (136), and at least one inner extension part connected to the pressing part (166, 171, 174; see Figure 6), the at least one inner extension part is extended from the pressing part through an inner wall of the display casing to the inner wall of the machine casing (column 10 lines 42-50; Figures 3A-3B, 5), and the at least one inner extension part, the inner wall of the display casing, and the inner wall of the machine casing are integrally molded as an integral part (column 9 lines 10-32). Regarding claim 13, an outer wall surface of the display casing corresponding to the light-transmitting area is concaved toward the direction of the accommodating cavity (Figures 2A-2B).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, CN 113808500 (see English translation) in view of Luo et al., US 10,555,797.
Li discloses all elements previously described above. Further regarding claim 6, the at least one button accommodated in the at least one button hole (Figure 4), and a circumference edge of the at least one button is integrally molded with the hole wall of the button hole (page 7 of English translation describes button as key 19 mounted to hole wall/mounting groove 122 of the hole 123, the button/key and display casing 12 are mounted at the same time integrally, includes in-mould injection to avoid a gap). Li does not disclose that the at least one button includes a soft rubber part.
Luo et al. disclose an electric toothbrush (Abstract) further comprising at least one button (2) accommodated in at least one button hole (hole in housing, Figure 1). Further regarding claim 6, the at least one button includes a soft rubber part (22) accommodated in the at least one button hole (Figure 1), a circumference edge of the soft rubber part is assembled with the hole wall of the at least one button hole (column 7 lines 1-11, Figures 1 or 6), the soft rubber part acts as a washer allow for reliable contact with a control panel when the button is pressed (column 7 lines 1-11).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one button of Li by providing a soft rubber part accommodated in the at least one button hole, as Luo et al. teach, to act as a resilient washer providing reliability to the button in operation.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, CN 113808500 (see English translation) in view of Liang, CN 209966617 U (see English translation).
Li discloses all elements previously described above. Further regarding claim 8, Li teaches that the machine casing (11) comprises an installation groove connected to the accommodating cavity (112, Figure 4), the display casing comprises: an outer casing part installed in the installation groove (outer perimeter part of 18 that mounts in groove 112, see Figure 4 and English translation relating to groove 112), and an inner casing part disposed on a side of the outer casing part adjacent to the movement component (an inner part of 18 is the leftmost side of 18 as oriented in Figure 4, in other words the rear part of 18 that faces within the interior of the machine casing, see also Figure 3 that shows the rear part of 18 facing and adjacent to the motor component). Li fails to disclose that the machine casing and display casing are connected by the outer casing part and the groove wall of the installation groove are integrally molded as a whole.
Further regarding claims 7-8, Liang teaches that it is desirable to injection mold handle casing and display casing components as an integral part in an integral injection molded manner so that there are not gaps present in the assembly in so that dirt does not enter the accommodating cavity (see English translation of Abstract, Background, and also further discussed within the English translation).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li so that the machine casing and display casing are connected by the outer casing part and the groove wall of the installation groove are integrally molded as a whole, as Liang teaches, so that there are not any grooves present on the finished electric toothbrush handle so that dirt and moisture cannot impact the performance of cleaning.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner, US 10,610,008.
Wagner, with regards to claim 16, discloses all elements previously described above, however fails to disclose than an area enclosed by an outer contour of the display area is less than six centimeters or any specific area. MPEP 2144.04(IV)A states that: “In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.” Wagner is noted to be an electric toothbrush and it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide an area enclosed by the outer contour of the display area in less than six square centimeters, as an expected and reasonable size for a display area that is part of a handle of a toothbrush. Having a display area of less than six square centimeters in Wagner would not perform differently or have any unexpected results.
Allowable Subject Matter
Claims 11, 14-15 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: As best understood at this time, none of the prior art made of record discloses, teaches or suggests the invention of claims 11, 14-15 and 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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, David Posigian can be reached at 313-446-6546. 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.
/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
lcg
