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 § 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.
Claim 4 is 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 4 recites the limitation "the contact surfaces" in line 3. There is insufficient antecedent basis for this limitation in the claim. As best understood for the purpose of examination “contact surfaces” within claim 4 have been interpreted to be any surface of the contact device.
Claim Rejections - 35 USC § 102
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 and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0083215 to Serval et al. (Serval) (cited by applicant).
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]).
In reference to at least claim 11
Serval discloses 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]).
In reference to at least claim 12
Serval discloses 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]).
In reference to at least claim 13
Serval discloses wherein the housing portion comprises a protruding collar (e.g. head interface 46 is being interpreted as the protruding collar, Fig. 3B, para. [0089]).
In reference to at least claim 14
Serval discloses 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]).
Claim(s) 1-2, 4-7 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0130837 to Matott (Matott) (cited by applicant).
In reference to at least claim 1
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]).
In reference to at least claim 2
Matott discloses wherein the replaceable contact device comprises an adhesive and/or swelling layer for liquid-tight coupling with the housing (e.g. “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]).
In reference to at least claim 4
Matott discloses wherein the adhesive and/or swelling layer is arranged around the contact surfaces on the contact device (e.g. “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]).
In reference to at least claim 5
Matott discloses wherein the contact device has a disk shape, a plate shape or a cube shape (e.g. contact device 71 has at least one surface that is disk or plate shape, Figs. 16-17).
In reference to at least claim 6
Matott discloses wherein the contact device has contact surfaces on one and/or the other side (e.g. contact device 71 has “different sensors or combinations of sensors for sensing parameters of the gastrointestinal tract of a subject.”, i.e. contact surfaces, para. [0051], “For example, caps having different sensors may be attached to the ends of capsule body 50 or, alternatively, caps having the same sensors may be attached to the ends of capsule body 50.”, para. [0051]).
In reference to at least claim 7
Matott discloses wherein the housing comprises a recess for inserting the contact device (e.g. 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 10
Matott discloses wherein the housing and/or the contact device comprises a screw thread (e.g. “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])
Claim(s) 1 and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR20170111848 to Lee et al. (Lee) (cited by applicant – para. numbers are those provided in English translation)
In reference to at least claim 1
Lee discloses an oral sensor system (e.g. sensor system shown within Fig. 2), comprising: a housing (e.g. 300) with an electrical circuit for evaluating measurement signals (e.g. 310 and 320) ; and a replaceable contact device (e.g. 100) for the electrical circuit (e.g. via 150 and 340), which is coupled to the housing in a liquid-tight manner (e.g. seal ring 180, “waterproof seal 180”, para. [0039]).
In reference to at least claim 11
Lee discloses wherein the contact device comprises a sensor base protruding from a sealing material (e.g. contact device 100 includes a sensor base that protrudes from seal ring 180, Fig. 2)
In reference to at least claim 12
Lee discloses wherein the sealing material comprises a recess for inserting a housing portion (e.g. a recess is present around the seal ring 80 for inserting housing 300, Fig. 2).
In reference to at least claim 13
Lee discloses wherein the housing portion comprises a protruding collar (e.g. housing portion 300 includes a collar that protrudes, Fig. 2)
In reference to at least claim 14
Lee discloses wherein the recess comprises a circumferential depression for receiving the collar (e.g. a recess is present around the seal ring 80 which includes a circumferential depression for inserting collar that extends from housing 300, Fig. 2).
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) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0130837 to Matott (Matott).
In reference to at least claim 3
Matott teaches a system according to claim 2, see rejection above.
However, 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 9
Matott teaches a system according to claim 5, see rejection above. Matott further discloses the contact device including an edge (e.g. edge or rim of contact device 71).
However, Matott 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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0130837 to Matott (Matott) in view of US 2008/0188837 to Belsky et al. (Belsky).
In reference to at least claim 8
Matott teaches a system according to claim 7, see rejection above.
However, Matott 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 Matott 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]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR20170111848 to Lee et al. (Lee).
In reference to at least claim 15
Lee teaches a system according to claim 11, see rejection above.
However, Lee 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 seal ring 180 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2006/0121548 to Robbins et al. which teaches systems and methods for measuring sodium concentration in salvia. US 2022/0218285 to Huang with teaches a toothbrush having physiological sensing function. US 2023/0045404 to Shimuta et al. which teaches an oral body device.
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/JENNIFER L GHAND/Examiner, Art Unit 3796