DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the communications filed on 7/24/2024.
The Examiner notes claims 1-12 are currently pending and have been examined.
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 3, 5, 7, 9, & 11 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 3
The claim states "a first vibrator,” “a vibrator,” and “the second vibrator.” It is unclear whether “a vibrator” is the first, the second, or a third vibrator. For examining purposes the limitation “a vibrator” will be interpreted as “a second vibrator.”
All dependent claims are rejected for depending from a rejected claim.
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) 1-9 & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shortt et al. (US 20030162146) in view of MIYAMICHI (US 20180214256), hereinafter Shortt and Miyamichi, respectively.
Regarding claim 1 & 3. (Each claim status is listed above in the Status of Claims section) Shortt discloses an electric toothbrush [2] comprising: a handle configured to be gripped by a user with fingers [Fig 1; ¶57; 3]; a first vibrator inside the handle [Fig 4-5; ¶58; 30 is a motor to induce vibrations]; …; a head coupled to the handle and comprising a brush [Fig 20; ¶68; 250 are attachments that are coupled to the handle; 200 is a brush head and is one form of 250]; a driver configured to drive the brush [Fig 4-5; ¶58; 36 is a motor that drives the brush]; a controller [Fig 13; ¶89; 71 is a circuit board that contains a microprocessor (74) that is a controller for the toothbrush] configured to cause the first vibrator to generate a first force sense in a first direction by controlling a vibration pattern of the first vibrator [¶10, ¶89-¶90, ¶93, ¶108-¶112; the controller can control the first vibrator to generate a first force sense in a first direction by controlling the vibration pattern produced by the generator], …
Shortt may not explicitly disclose a second vibrator inside the handle nor the controller configured to cause the second vibrator to generate a second force sense in a second direction by controlling a vibration pattern of the second vibrator; and a posture sensor configured to detect a posture of the handle, wherein the controller is configured to control the first and second vibrators based on the posture of the handle detected by the posture sensor.
However Miyamichi discloses an electric toothbrush with vibrators inside the handle [Fig 1; the electric toothbrush (comprising 1 & 2) has two vibrators in the handle (10A & 10B). Specifically a second vibrator inside the handle [Fig 3 & 28; 10B is a second vibrator] and the controller [Fig 28; 23 is a controller] configured to cause the second vibrator to generate a second force sense in a second direction by controlling a vibration pattern of the second vibrator [Fig 4; ¶61; the controller controls the second vibrator such that it can have a second force sense in a second direction]; and a posture sensor configured to detect a posture of the handle [Fig 28; ¶206; 172 detects the orientation of the handle], wherein the controller is configured to control the first and second vibrators based on the posture of the handle detected by the posture sensor [¶18 & ¶207; the controller controls the vibrators based on the posture data from the posture sensor].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toothbrush and controller as disclosed by Shortt to include a second vibrator in the handle and to have the controller be configured to cause the second vibrator to generate a second force sense in a second direction by controlling a vibration pattern of the second vibrator; as well as a posture sensor configured to detect a posture of the handle, wherein the controller is configured to control the first and second vibrators based on the posture of the handle detected by the posture sensor as taught by Miyamichi for the purpose of increasing the vibration variability with multiple vibrators in the handle and to control the vibrations based on where the toothbrush is brushing in the user’s mouth [Miyamichi: ¶209].
Regarding claim 3. The final two limitations are in regard to a position sensor instead of a posture sensor that is listed in claim 1. Specifically the limitations are:
“a position sensor configured to detect a position of the brush,
wherein the controller is configured to control the first and second vibrators based on the position of the brush detected by the position sensor.” [These are rejected for the same reasons as claim 1 as the posture sensor of Miyamichi detects the handle and therefore the brush position/posture, see ¶207-¶209 of Miyamichi].
Regarding claim 2 & 5. Shortt as modified teaches the electric toothbrush according to Claim 1, wherein the controller is configured to control a strength of the first force sense and a strength of the second force sense based on the posture of the handle detected by the posture sensor [Miyamichi: ¶209].
Regarding claim 4. Shortt as modified teaches the electric toothbrush according to Claim 1, further comprising: a position sensor configured to detect a position of the brush, wherein the controller is configured to control the first and second vibrators based on the position of the brush detected by the position sensor [Miyamichi: Fig 28, ¶206-¶209; 172 is both a posture sensor of the handle and a position sensor of the brush in the same fashion as the Applicant discloses that their sensor 71 detects both the posture of the handle and the position of the brush in ¶55-¶56 of the Applicant’s specification].
Regarding claim 6 & 7. Shortt as modified teaches the electric toothbrush according to Claim 1, wherein the controller is configured to control the vibration pattern of the first vibrator and the vibration pattern of the second vibrator such that the second direction is a same direction as the first direction [Miyamichi: Fig 3 & 28; each vibrator can be vibrated in the same direction (i.e. rotate in the same direction)].
Regarding claim 8 & 9. Shortt as modified teaches the electric toothbrush according to Claim 1, wherein the controller is configured to control the vibration pattern of the first vibrator and the vibration pattern of the second vibrator such that the second direction is opposite to the first direction [Miyamichi: Fig 3 & 28; each vibrator can be vibrated in a different direction (i.e. rotate in different direction)], and such that a virtual straight line extending from the first vibrator in the first direction and a virtual straight line extending from the second vibrator in the second direction are not the same [Fig 7; ¶118-¶119; a virtual line extending from 10A with be different from a virtual line extending from 10B which is angled different with respect to the handle/brush axis].
Claim 12. An electric toothbrush comprising:
a handle configured to be gripped by a user with fingers;
a first vibrator inside the handle;
a second vibrator inside the handle;
a head coupled to the handle and comprising a brush;
a driver configured to drive the brush; and
a controller configured to cause the first vibrator to generate a first force sense in a first direction by controlling a vibration pattern of the first vibrator, and configured to cause the second vibrator to generate a second force sense in a second direction by controlling a vibration pattern of the second vibrator [Claim 12 above contains the same or similar limitations as claim 1 & 3 and is similarly rejected],
wherein the controller comprises memory that stores a predetermined order for changing from the first direction and the second direction, and wherein the controller is configured to change control of the first and second vibrators in the predetermined order. [Shortt: ¶89 & ¶93; the controller can store a predetermined order for changing the directions and order of the vibrators].
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shortt in view of Miyamichi further in view of KITAMURA (JP 7498979 B2), hereinafter Kitamura.
Claim 10 & 11. Shortt as modified teaches the electric toothbrush according to Claim 1, but may not explicitly disclose further comprising: a third vibrator inside the handle.
However Kitamura teaches an electric toothbrush with at least one vibrator [50]; in ¶7 there is at least on 50 and in Fig 2 it is located in the handle by the brush head and in Fig 10 vibrator is located at the base of the handle. ¶82 states that features of different embodiments can be applied in combination. Therefore Kitamura teaches that Shortt as modified can have an additional or third vibrator at the base of the handle in addition to the two vibrators near the brush head.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toothbrush as taught by Shortt as modified to have a third vibrator inside the handle as taught by Kitamura for the purpose utilizing the space inside the handle efficiently as well as to further increase the number of vibrators [Kitamura: ¶72 & ¶82].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
