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 claims 1-13 and 16 in the reply filed on 4/13/26 is acknowledged.
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/13/26.
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 control unit in at least claim 1.
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.
Claims1-13, 16 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 1 states that the target vibration frequency is configured “to cause at least one of a mechanical response of the cleaning elements or a movement direction of the cleaning elements”. It is unclear what the mechanical response is or what the movement direction is. Please clarify.
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) 1-13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Subhash (PGPub 20210393026).
Subhash teaches a personal care device comprising: a plurality of cleaning elements (259) for engagement with a surface of a user; a motor (267) adapted to vibrate the cleaning elements at a range of different frequencies (paragraph 0101); a pressure sensor (309, 367) configured to sense a loading force applied to at least a first subset of the cleaning elements by engagement with the surface of the user; and a control unit (379) configured to: determine a target vibration frequency based on the sensed loading force applied to the at least first subset of the cleaning elements (paragraph 0157), and cleaning element data describing one or more physical properties of the cleaning elements (worn bristles), wherein the target vibration frequency is configured to cause at least one of a mechanical response of the cleaning elements or a movement direction of the cleaning elements (movement of the brush over various tissue); and control the motor based on the target vibration frequency (change stroke frequency).
With regards to claim 2, a position sensor (paragraph 0089) configured to sense a position of at least a subset of the plurality of cleaning elements, and wherein the control unit is configured to determine the target vibration frequency further based on the sensed position of the at least first subset of the cleaning elements (paragraph 0126, 0157; change stroke based on position).
With regards to claim 3, the control unit is configured to determine a target direction based on the sensed position of the at least first subset of the cleaning elements and to determine the target vibration frequency based on the determined target direction (based on the type of oral tissue that the cleaning elements are in contact with which will change the stroke frequency).
With regards to claim 4, the control unit is further configured to identify a surface of the user engaged by the plurality of cleaning elements based on the sensed position of the at least first subset of the cleaning elements (type of tissue), and to determine the target vibration frequency further based on the identified surface of the user (paragraph 0125, 0126).
With regards to claim 5, the control unit comprises a communication interface (751) configured to obtain the cleaning element data of the cleaning elements.
With regards to claim 6, the communication interface is configured to obtain cleaning element data from a database of cleaning element data (the database will determine the wear of the bristle; paragraph 0206, 0207).
With regards to claim 7, the one or more physical properties of the cleaning elements comprises at least one property selected from the group consisting of: shape (bent; paragraph 0207), type, size, cross-sectional area, arrangement, material, stiffness, length, number of bristles per unit area, and mounting angle.
With regards to claim 8, the control unit is further configured to determine a second target vibration frequency based on the sensed loading force applied to the at least first subset of the cleaning elements and to control the motor based on the second target vibration frequency (the stroke frequency can change based on too much or too little pressure; paragraph 0157; thus a higher pressure will lead to a stroke frequency and a lower pressure will lead to a different stroke frequency).
With regards to claim 9, the pressure sensor is further configured to sense a loading force applied to a second, different subset of the cleaning elements by engagement with the surface of the user (hard or soft tissue), and wherein the control unit is further configured to determine a third target vibration frequency based on the sensed loading force applied to the second subset of the cleaning elements and to control the motor based on the third target vibration frequency (the stroke frequency can change based on too much or too little pressure depending on the type of tissue being cleaned; paragraph 0157; thus a higher pressure will lead to a stroke frequency, a lower pressure will lead to a different stroke frequency and a normal range pressure will lead to an even different stroke frequency).
With regards to claim 10, the sensed loading force comprises a magnitude value (amplitude of pressure sensor; paragraph 0191-0192) and/or direction value, and wherein the control unit is configured to determine the target vibration frequency based on the sensed magnitude value and/or direction value (figure 17B shows that the sensor date determined the pressure which determined the stroke frequency).
With regards to claim 11, the at least first subset of the plurality of cleaning elements comprises a vibration enhanced structure (structure of the bristle) configured to have a predetermined mechanical property in response to being vibrated at a predetermined excitation frequency (higher intensity; figure 26).
With regards to claim 12, the vibration enhanced structure comprise at least one of: an elongated bristle having a cross-sectional shape and/or size that is different at at least two different positions along the longitudinal length of the bristle, an elongated structure mounted to the personal care device with an angular bias (the bristles are mounted at an angle of 90 degrees to the brush head; which can be considered the angular bias), and an elongated bristle formed of differing materials at at least two different positions along the longitudinal length of the bristle.
With regards to claim 13, the personal care device comprises a toothbrush.
With regards to claim 16, the database is implemented, at least in part, in a remotely accessible data storage unit (paragraph 0058).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAY KARLS/ Primary Examiner, Art Unit 3723
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