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 .
DETAILED ACTION
Acknowledgement is made of applicant’s amendment which was received by the office on May 27, 2026. Claims 1-10 and 15 are currently pending.
Claim Rejections - 35 USC § 112
In view of the amendment filed on 5/27/2026 amending claim 4 to clarify the language the 112 rejections made against claim 4 in the office action of 2/27/2026 have been withdrawn.
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) 1,5-7,9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0083215 to Serval et al. (Serval) (previously cited) in view of US 2013/0080295 to Dykes et al. (Dykes).
In reference to at least claim 1
Serval discloses an oral sensor system (e.g. system shown in Fig. 3B), comprising: a housing (e.g. 40) with an electrical circuit for evaluating measurement signals (e.g. “the majority of the circuitry and costly components can be contained inside the handle 40”, para. [0089], “Then the oral hygiene device monitoring system 100 may analyze the sensor data 78 to output brushing quality feedback 80 to the user.”, para. [0106]) ; and a replaceable contact device (e.g. 42) for the electrical circuit (e.g. via leads 48), which is coupled to the housing in a liquid-tight manner (e.g. “In some embodiments the head interface 46 will form a watertight seal with the head 42 to prevent water from entering the interface and interfering with the electrical leads 48 power and data transfer.”, para. [0089]), wherein the contact device comprises a sensor base protruding from a sealing material (e.g. contact device 42 has a base, Fig. 3B which protrudes from an end that includes some form of sealing material since it forms a watertight seal, para. [0089]), wherein the sealing material comprises a recess for inserting a housing portion (e.g. the end of contact device 42 which contains the sealing material has a recess to enable a watertight seal with head interface 46, Fig. 3B, para. [0089]), wherein the housing portion comprises a protruding collar (e.g. head interface 46 is being interpreted as the protruding collar, Fig. 3B, para. [0089]), wherein the recess comprises a circumferential depression for receiving the collar (e.g. the end of contact device 42 which contains the sealing material has a recess that has a circumferential depression to enable a watertight seal with head interface 46, Fig. 3B, para. [0089]).
Serval does not explicitly teach the sensor base being configured to obtain measurement data comprising lactate and/or pH values.
Dykes discloses an oral sensor system (e.g. toothbrush 10) that includes a contact device (e.g. portion of toothbrush that includes distal end 14 and brush head with bristles 25) and that includes a pH sensor (e.g. “pH sensor”, para. [0088]-[0089], [0093]). Dykes discloses that pH values can be used to determine certain conditions and disease states (e.g. “In some embodiments, the pH value of oral fluid is of interest such that certain pH values can be indicative of certain conditions and disease states.”, para. [0091]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor system of Serval to include the sensor base being configured to obtain measurement data comprising lactate and/or pH values, as taught by Dykes, in order to monitor pH values within the oral cavity to determine certain conditions and disease states (‘295, para. [0091]).
In reference to at least claim 5
Serval modified by Dykes renders obvious a device according to claim 1. Dykes further discloses the contact device has a disk shape, a plate shape (e.g. the contact device which includes portion of toothbrush that includes distal end 14 and brush head with bristles 25 has an oval plate shape, Figs, 2,3A-3B,4A-4B). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor system of Serval to include the contact device having a plate shape, as taught by Dykes, in order to provide a shape that fit comfortably within the mouth. Additionally, a change in shape of an apparatus relates to matters of ornamentation and are an obvious matter of design choice of which a person of ordinary skill in the art would have found obvious absent persuasive evidence that a particular configuration is significant, see MPEP 2144.04
In reference to at least claim 6
Serval modified by Dykes renders obvious a device according to claim 5. Serval further discloses wherein the contact device has contact surfaces on one and/or the other side (e.g. contact device which includes head 42 has surfaces which contact the oral cavity and surface which contact the handle 40, Fig. 3B)
In reference to at least claim 7
Serval modified by Dykes renders obvious a device according to claim 5. Serval further discloses wherein the housing comprises a recess for inserting the contact device (e.g. the handle 40 contains a recess for receiving the head 42, Figs. 3B, para. [0089]). annular cavity 61 has a recess for inserting contact device 17, Figs. 16-17, “A corresponding annular protrusion 62 is provided in the top rim 21b of shell 21 of body 20. Annular cavity 61 in the subject cap is configured to receive protrusion 62 of the body.”, para. [0048]).
In reference to at least claim 9
Serval modified by Dykes renders obvious a device according to claim 5. Serval further discloses the contact device including an edge (e.g. edge or rim of head 42). However, Serval does not explicitly disclose wherein an edge of the contact device is made of plastic. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made an edge of the contact device of plastic, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, see MPEP 2144.07.
In reference to at least claim 15
Serval modified by Dykes renders obvious a device according to claim 1. However, Serval modified by Dyles does not explicitly disclose wherein the sealing material is made of rubber or silicone. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the sealing material made of rubber or silicone, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, see MPEP 2144.07.
Claim(s) 2-4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0083215 to Serval et al. (Serval) (previously cited) in view of US 2013/0080295 to Dykes et al. (Dykes) as applied to claim 1 further in view of US 2010/0130837 to Matott (Matott).
In reference to at least claim 2
Serval modified by Dykes renders obvious a device according to claim 1. Serval further discloses a replaceable contact device (e.g. 42) for the electrical circuit (e.g. via leads 48), which is coupled to the housing in a liquid-tight manner (e.g. “In some embodiments the head interface 46 will form a watertight seal with the head 42 to prevent water from entering the interface and interfering with the electrical leads 48 power and data transfer.”, para. [0089]).
However, Serval does not explicitly teach wherein the replaceable contact device comprises an adhesive and/or swelling layer for liquid-tight coupling with the housing.
Matott discloses an oral sensor system (e.g. system shown Figs. 16-17), comprising: a housing (e.g. 21) with an electrical circuit for evaluating measurement signals (e.g. microprocessor 74) ; and a replaceable contact device (e.g. 71) for the electrical circuit (e.g. via 75 and 76), which is coupled to the housing in a liquid-tight manner (e.g. “As discussed above, in this embodiment the shells are also attached or connected using a snap connection. However, other connecting methods or features may be used to provide the attachment such that the capsule does not leak when it is ingested”, para. [0051]). Matott further discloses various attachment techniques that provide tight seals including screwing, welding, gluing, snapping and laser energy (e.g. “the attachment may include, for example, screwing the first piece to the second piece, welding or gluing the first piece to the second piece, snapping the first piece to the second piece or applying laser energy to a pigment in the first piece. “, para. [0004], “Alternatively, the rims of shells 28 and 21 may be attached by gluing or bonding the two parts together or the shells may be threaded and twisted relative to one another to provide a connection”, para. [0048]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the sensor system of Serval modified by Dykes to include an adhesive for liquid-tight coupling with the housing, as taught by Matott, as such technique for attachment was known in the art and would have been a simple substitution of one known attachment method for another which would have yielded the predictable result of providing a tight seal.
In reference to at least claim 3
Serval modified by Dykes and Matott renders obvious a device according to claim 2. However, Serval modified by Dykes and Matott does not explicitly disclose wherein the adhesive and/or swelling layer comprises hydrocolloids. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the adhesive comprise hydrocolloids, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, see MPEP 2144.07.
In reference to at least claim 4
Serval modified by Dykes and Matott renders obvious a device according to claim 2. The modified device would include adhesive on surfaces of the contact device which are coupled to the housing for liquid-tight coupling with the housing, therefore the modified device would include adhesive around contact surfaces on the contact device.
In reference to at least claim 10
Serval modified by Dykes and Matott renders obvious a device according to claim 5.
However, Serval does not explicitly teach wherein the housing and/or the contact device comprises a screw thread.
Matott discloses an oral sensor system (e.g. system shown Figs. 16-17), comprising: a housing (e.g. 21) with an electrical circuit for evaluating measurement signals (e.g. microprocessor 74) ; and a replaceable contact device (e.g. 71) for the electrical circuit (e.g. via 75 and 76), which is coupled to the housing in a liquid-tight manner (e.g. “As discussed above, in this embodiment the shells are also attached or connected using a snap connection. However, other connecting methods or features may be used to provide the attachment such that the capsule does not leak when it is ingested”, para. [0051]). Matott further discloses various attachment techniques that provide tight seals including screwing, welding, gluing, snapping and laser energy (e.g. “the attachment may include, for example, screwing the first piece to the second piece, welding or gluing the first piece to the second piece, snapping the first piece to the second piece or applying laser energy to a pigment in the first piece. “, para. [0004], “For example, shell 28 and shell 21 may include corresponding screw threads with matching grooves along a flange on their outer rims so that the two ends of the shells may be screwed together.”, para. [0048])
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the sensor system of Serval modified by Dykes to include the housing and/or the contact device including a screw thread for liquid-tight coupling with the housing, as taught by Matott, as such technique for attachment was known in the art and would have been a simple substitution of one known attachment method for another which would have yielded the predictable result of providing a tight seal.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0083215 to Serval et al. (Serval) (previously cited) in view of US 2013/0080295 to Dykes et al. (Dykes) as applied to claim 7 further in view of US 2008/0188837 to Belsky et al. (Belsky).
In reference to at least claim 8
Serval modified by Dykes renders obvious a device according to claim 7. However, Serval modified by Dykes does not explicitly disclose wherein the housing or the contact device comprises a sealing ring for sealing the contact device or the housing in the recess.
Belsky discloses an ingestible capsule (e.g. 10) that includes a housing (e.g. 32). Belsky discloses that it was known in the art to use an elastomeric O-ring providing a resistive force for sealing a closure member into an aperture (e.g. para. [0056]). Belsky further discloses that the resisting force prevents premature or accidental emptying of the reservoir (e.g. para. [0056]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Serval modified by Dykes to include on the housing or contact device in the recess an elastomeric O-ring providing a resistive force for sealing the contact device and the housing, as taught by Belsky, in order to prevent premature or accidental opening between housing and contact device (‘837, para. [0056]).
Response to Arguments
II. Serval
Applicant’s arguments, see pg. 6, filed 5/27/2026, with respect to the 102 rejection against claims 1 and 11-14 using Serval have been fully considered and are persuasive in view of the claim amendments reciting the limitations previously within claims 11-14 and the sensor being configured to obtain measurement data that includes lactate and/or pH values. The 102 rejection against claims 1 and 11-14 using Serval has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2013/0080295 to Dykes et al., see 103 rejections above.
III. Matott
Applicant’s arguments, see pg. 6, filed 5/27/2026, with respect to the 102 rejection against claims 1-2,4-7 and 10 using Matott have been fully considered and are persuasive in view of the claim amendments reciting the limitations previously within claims 11-14 and the sensor being configured to obtain measurement data that includes lactate and/or pH values. The 102 rejection against claims 1-2,4-7 and 10 using Matott has been withdrawn.
IV. Lee
Applicant’s arguments, see pg. 6-7, filed 5/27/2026, with respect to the 102 rejection against claims 1 and 11-14 using Lee have been fully considered and are persuasive in view of the claim amendments reciting the limitations previously within claims 11-14 and the sensor being configured to obtain measurement data that includes lactate and/or pH values. The 102 rejection against claims 1 and 11-14 using Lee has been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2016/0037903 to Lal which discloses a toothbrush with a set of sensors including temperature sensors to sense the temperature of the surrounding tissue and pH sensors to sense the pH of the surrounding tissue.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JG/Examiner, Art Unit 3796
/REX R HOLMES/Primary Examiner, Art Unit 3796
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