DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Election/Restrictions
2. Applicant’s election without traverse of Group I, claims 1-13, in the reply filed on 03/26/2026 is acknowledged.
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim.
Specification
3. Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
4. The abstract of the disclosure is objected to because it currently contains phrases which can be implied, e.g. “Proposed are schemes, solutions, concepts, designs, methods and systems pertaining to aiding and/or improving” (line 1), “Embodiments propose that” (line 2).
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over
Cohen et al. (US 2021/0290070) in view of Spruit et al. (US 2015/0305670).
Regarding claim 1, Cohen et al. discloses: oral care apparatus (Figs. 1-3) for cleaning teeth of a user, the apparatus comprising: a light source 114/303 configured to illuminate the oral cavity of the user with light; a light sensor unit 112/303 configured to detect light, and a plurality of cleaning elements 116/302 for engagement with dental tissue 105 of the user, wherein the plurality of cleaning elements 116/302 comprises a first optical waveguide 302 configured, in use, to receive light 306R reflected from a surface of the oral cavity illuminated 306T by the light source and to transmit the received light 306R to the light sensor unit (Figs. 1-3; [0019]-[0021] “light sources 114…. optical sensors 112”; [0042]-[0043] “the transmitted light 306T… on a tooth 305… may be reflected (306R) by a clean tooth 305 and may travel back through the bristles 302 to be detected by the sensors 303”).
The apparatus further comprises a light analysis unit (smart device 120 and analyzer 134) configured to analyze detected light transmitted to the light sensor unit via the first optical waveguide 302 to obtain an analysis result (Figs. 1-3; [0016] “analyzing reflected light or changes in properties of the reflected light to determine one or more locations of plaque on a tooth or other surface”; [0022] “smart device 120 includes a digital signal processor that is used to analyze data emitted from the light sources 114 and detected by the optical sensors 112…”).
Cohen et al. discloses determining locations of reflected light being on a tooth or other surface ([0016]), failing to disclose the processor configured to determine a first indication of whether the first optical waveguide is positioned specifically at a tooth surface or gum tissue.
Spruit et al. discloses an oral care apparatus, i.e. toothbrush (Fig. 10), comprising: a light analysis unit configured to analyze detected light transmitted to a light sensor via an optical waveguide (paragraph [0350] "distal optical gum detector reception portion 720a wherein first distal receiving optical fibre optically coupled to the receiving coupler..."), and a processor configured to determine whether the optical waveguide is positioned at a tooth surface or gum tissue (paragraph [0351] "detection apparatus 1000c distinguishes between white teeth and red gum by the process controller 2251 measuring the reflectivity ratio R resulting from the two wavelengths...").
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cohen et al. by having the processor configured to determine a first indication of whether the first optical waveguide is positioned specifically at a tooth surface or gum tissue based on the analysis result as taught by Spruit et al. in order to achieve optimum care in distinguishing between tooth surface and gum tissue.
As to claims 2, Cohen et al. discloses there are numerous bristles 302 (Fig. 3), therefore the plurality of cleaning elements 302 comprises a second optical waveguide (i.e. in a second bristle 302) spaced apart from the first optical waveguide and configured, in use, to receive light reflected from a surface of the oral cavity illuminated by the light source and to transmit the received light to the light sensor unit, wherein the light analysis unit is further configured to analyze detected light transmitted to the light sensor unit via the second optical waveguide to obtain a second analysis result.
Spruit et al. also discloses the processor is further configured to determine a second indication of whether the second optical waveguide is positioned at a tooth surface or the gum tissue of the user based on the second analysis result (see Spruit et al. Fig. 33 showing bristles/probes with optical fibers 6201, 7201, being spaced from each other; paragraph [0351] "detection apparatus 1000c distinguishes between white teeth and red gum by the process controller 2251 measuring the reflectivity ratio R resulting from the two wavelengths...").
As to claims 3-5, Cohen et al. discloses identification of locations by analyzing wavelength spectrum reflected from the multiple optical sensors ([0031] “analyzer 134 may collect tooth brushing data … include a difference between an amount/type of emitted light and an amount/type of reflected light from a tooth as measured by one or more optical sensors 112… tooth brushing data may also include an intensity of reflected light, a scattering pattern of reflected light, a wavelength spectrum of reflected light…”). Spruit et al. also discloses identify a surface of the user engaged by the plurality of cleaning elements based on the first and second indications by analyzing the wavelength spectrum transmitted by the optical waveguides to the light sensors (Figs. 30-33; [0321]-[0325] “detection apparatus 1000a distinguishes between white teeth and red gum by the process controller 2251 measuring the reflectivity ratio R at the two wavelengths λ1 and λ2”).
As to claim 6, Cohen et al. discloses plurality of cleaning elements 116 comprises one or more illumination optical waveguides 302 each configured, in use, to receive light from the light source and to transmit the received light from the light source towards a surface of the oral cavity for illuminating the surface of the oral cavity (see Cohen Figs. 1-3; [0042]-[0043] “emitting light through its light guiding bristles 302 and detecting the amount of light reflected by a tooth 305 through its bristles 302 via one or more optical sensors 112…. The transmitted light 306T… on a tooth 305… may be reflected (306R) by a clean tooth 305 and may travel back through the bristles 302 to be detected by the sensors 303”).
As to claims 7-10, Cohen et al. discloses the light sensor unit comprises an array of light sensors 112, wherein the plurality of cleaning elements 302 comprises an array of optical waveguides 302(b) each configured, in use, to receive light reflected from a surface of the oral cavity illuminated by the light source and to transmit the received light to a respective light sensor of the array of light sensors. Cohen et al. also discloses the plurality of cleaning elements 302 comprises an array of illumination optical waveguides 302 configured, in use, to receive light from the light source to transmit the received light from the light source towards a surface of the oral cavity for illuminating the surface of the oral cavity. The array of illumination optical waveguides 302a is positioned adjacent to or interspaced with the array of optical waveguides 302b (See Cohen et al. Figs. 1-3; [0042] “the smart toothbrush emitting light through its light guiding bristles 302 and detecting the amount of light reflected by a tooth 305 through its bristles 302 via one or more optical sensors 112… the one or more light sources 303 may be one or more light emitting diodes (LEDs), lasers, or fluorescent lights….the one or more optical sensors 303 may be comprised of one or more diode photodetectors, charged couple device (CCD) photodetectors, or phototransistors…”). Spruit et al. also discloses an array of light sensors and an array of illumination optical waveguides, and the processor is further configured to determine an indication of overlapping of the user's gum tissue by the plurality of cleaning elements based on the array analysis result (see Spruit Fig. 45).
As to claim 11, Cohen/Spruit discloses an output interface configured to output a control signal based on an indication determined by processor, and optionally wherein the control signal comprises an audible, visual or haptic signal for guiding usage of the apparatus by the user (See Cohen [0016] ”audio, video, and other forms of data presentation methods may be used to guide a user while brushing…”, Spruit [0225] “an audible or visible alarm 226 located on the such as a constant or an intermittent sound such as a buzzer and/or a constant or intermittent light that is intended to communicate to the user to continue brushing his or her teeth or the subject's teeth at that particular location”).
As to claims 12-13, Cohen et al. discloses the oral care apparatus comprising a toothbrush, wherein the plurality of cleaning elements comprises a plurality of bristles 116; such toothbrush can also serve as a mouthpiece.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner HAO D. MAI whose telephone number is (571)270-3002. The examiner can normally be reached on Mon-Fri 8:00-4:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached on (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAO D MAI/
Examiner, Art Unit 3772