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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first position” and “second position” and corresponding different volumes of the water storage space of claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 14 is objected to because of the following informalities: Claim 14 ends in a “;” which appears to have meant to be a “.”. Appropriate correction is required.
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 7 and 15 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 7 recites “wherein when the water tank is connected to one side of the main body”, however the connection of the water tank to one side of the main body has not been established structurally yet. This appears to be an issue of antecedent basis and it is unclear if the claim requires the water tank to be capable of connecting to one side, or on the chance the water tank is to be connected to a side, then the limitations would further limit. It is suggested to simply claim the connecting structure rather than using “when” language. Also see current claim 10 that uses “when” language to refer to connection states already established in claim 9 from which it depends. Claim 15 is similarly rejected as it refers to connection configurations that have not yet been established.
Claim 11 is unclear as to what the first position and the second position are supposed to be, particularly concerning how the volume of the water tank can be different based on where the tank is located. The water tank seems to have a set water storage space in the specification and figures, so it is unclear how the volume of the water storage space in the water tank could change based on distance between the magnets. It is suggested to define the relative positions in terms of the structure of the two components themselves and how they interact in the positions rather than based on a changing volume.
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.
Claims 1, 3-4, 6, 13-16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 217338930; translation attached).
Xu shows an oral irrigator, comprising: a main body (10 which includes connecting part 121 and shell 11); and a water tank (20) connected to the main body (Fig. 1); wherein at least one first magnetic piece is disposed on the main body (either of 31), the water tank defines a water storage space or the water tank and the main body jointly define the water storage space (within 21 in Fig. 4 ), at least one second magnetic piece is disposed on the water tank (either of 32), and the at least one first magnetic piece is magnetically connected to the at least one second magnetic piece to generate a magnetic attraction force (as in the arrangement of Fig. 4); wherein a sum of a gravity of the water tank and a gravity of a liquid fully filled in the water storage space is less than the magnetic attraction force and the water tank and the main body are not separated from each other under an action of gravity through the magnetic attraction force (the force of gravity of the water tank and its contents will be less than that of the magnets in order for the water tank to stay attached; if the magnets did not have a greater force of attraction than the gravity, the device of Xu would be nonfunctional; see also bottom of page 4 of translation into page 5). With respect to claim 3, wherein an outer surface of the water tank and an outer surface of the main body are smoothly transitioned (as seen in Fig. 1 near 12). With respect to claim 4, wherein at least one protrusion is disposed on one of the main body and the water tank (at 122 on the main body in Fig. 3 or alternatively at 26c of the water tank in Fig. 7); at least one recess is defined in the other one of the main body and the water tank (recess 210 of the water tank in Fig. 3 or alternatively at 1220c of the main body in Fig. 7); the at least one protrusion is engaged with the at least one recess (engagement thereof shown in Fig. 4 or Fig. 7 shows how 1220c would align with 26c). With respect to claim 5, wherein areas of cross sections of the at least one protrusion gradually decrease toward a direction approaching the at least one recess (26c is rounded with its thinnest part approaching the recess and therefore gradually decreases in size as seen in Fig. 7). With respect to claim 6, wherein the at least one protrusion comprises a first protrusion and a second protrusion (122c and 26c, similar to claim 4 above), the at least one recess comprises a first recess and a second recess (base top opening to receive 122c and 1220c, similar to claim 4 above), the first protrusion is engaged with the first recess (122c received in base top opening), and the second protrusion is engaged with the second recess (26c within 1220c); wherein before the second protrusion is engaged with the second recess, the first protrusion is engaged with the first recess (122c will engage with the first recess before 26c engages with the second recess; this is a result of protrusion 26c being lower than recess base top opening). With respect to claim 13, wherein a relative position between the main body and the water tank is predetermined (Fig. 4 for instance has two magnets 31 of opposite polarity so that the base can only be attached in the configuration as seen in Fig. 4), the at least one first magnetic piece comprises first magnetic pieces (two 31s), the first magnetic pieces are disposed at intervals (180 degree intervals on either side), the at least one second magnetic piece comprises second magnetic pieces (two 32s), the second magnetic pieces are disposed at intervals (180 degree intervals on either side), the second magnetic pieces are one-to-one magnetically attracted to the first magnetic pieces (as seen in Fig. 4), and magnetic attraction forces generated between the first magnetic pieces and the second magnetic pieces keep the relative position between the main body and the water tank being unchanged (Fig. 4 shows the predetermined position since this is the position that allows opposite polarities next to each other). With respect to claim 14, wherein the main body comprises a motor (“machine body” 10 will have a motor to move the water through the pump as there is no hand powered structure, nor is the water tank pressurized), and the motor is disposed in at least one of following ways: at least part of the at least one first magnetic piece is staggered with the motor in a length direction of the oral irrigator; at least part of the at least one second magnetic piece is staggered with the motor in the length direction of the oral irrigator; on a plane perpendicular to an axial direction of the oral irrigator, at least part of an orthographic projection of the at least one first magnetic piece is staggered with an orthographic projection of the motor (since there are two magnets at opposite sides of the main body, they could not both be aligned with the center of a single motor and therefore at least one of the magnets must be staggered therefrom); on the plane perpendicular to the axial direction of the oral irrigator, at least part of an orthographic projection of the at least one second magnetic piece is staggered with the orthographic projection of the motor (same as above). With respect to claim 15, wherein the main body comprises a motor (see claim above), when the water tank is connected to an end portion (bottom side) of the main body (as in Fig. 1), the at least one first magnetic piece is disposed at one end of the main body facing the water tank (as seen in Fig. 4, the magnets 31 are disposed at the end of the main body that faces/interfaces with the water tank), and in a length direction of the oral irrigator (longitudinal length through the nozzle), the motor is spaced apart from the one end of the main body facing the water tank (see below); or the main body comprises the motor (see claim above), when the water tank is connected to one side (bottom side) of the main body facing the water tank (as in Fig. 1), the at least one first magnetic piece is disposed on the one side of the main body facing the water tank (as seen in Fig. 4, the magnets 31 are disposed at the end of the main body that faces/interfaces with the water tank), and in a radial direction of the oral irrigator, the motor is spaced apart from the one side of the main body facing the water tank (since the motor and the magnets cannot occupy the same space, the motor must be spaced apart from the magnets either in a radial or longitudinal/length direction). With respect to claim 16, wherein when the water tank is connected to an end portion of the main body (as in Fig. 4 including portion 122), a portion of the water tank is located on one side of the main body in a radial direction of the main body (32 for instance is located on one side of main body portion 122 in the radial direction; Fig. 4).
Apparatus claim 20 is rejected similarly to the above as it is a broader version of the combination of claim 1 and 13.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Jung et al. (US 2013/0193915).
Xu discloses the device as previously described above, but fails to show wherein areas of cross sections of the at least one protrusion gradually decrease toward a direction approaching the at least one recess.
Jung similarly teaches a dental device ([0025]) with a locating part/protrusion (at 30 in Fig. 1) for establishing correct orientation of the assembly ([0018]; Fig. 1), wherein areas of cross sections of the at least one protrusion gradually decrease toward a direction approaching the at least one recess ([0018] conical) or are constant ([0018] cylindrical; similar to Xu).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s device by including a taper on the protrusion as taught by Jung in order to take advantage of known alternative registration means in the art ([0018]).
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Xu.
Xu discloses the device as previously described above and the magnets in close contact (Fig. 4 for instance), but fails to show explicitly wherein a distance between the at least one first magnetic piece and the at least one second magnetic piece is not greater than 3 mm.
Distance is considered a results effective variable as magnetic force is a result of the strength of the magnets and the distances between the magnets and separating them achieves the recognized result of reduced force, and Xu requires firm connection as a result of the magnetic force (discussed in embodiment 1 of Xu starting on page 4 of translation). Therefore, 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 distance of the magnets to be not greater than 3 mm in order to adjust magnetic forces and prevent unintended dislocation since it would have been routine optimization to arrive at the claimed invention and a person of ordinary skill in the art would have had a reasonable expectation of success to formulate the claimed range (adjusting magnetic parameters to achieve required magnetic force).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Snyder (US 2004/0209222).
Xu discloses the device as previously described above and shows wherein the main body is detachably connected to the water tank (Fig. 4 shows connection that may be detached; see rejections above), the main body comprises a first communicating opening (just to the left of 122 in Fig. 4), the water tank comprises a second communicating opening (210 best seen in Fig. 3), but fails to show explicitly wherein the first communicating opening is connected to a pump disposed in the main body, and a valve is disposed at the second communicating opening; wherein when the water tank is connected to the main body, the valve is opened, and the first communicating opening is communicated with the second communicating opening; wherein when the water tank is separated from the main body, the valve is closed, and the first communicating opening is not communicated with the second communicating opening and wherein an abutting piece is disposed at the first communicating opening, and when the water tank is connected to the main body, the abutting piece abuts against the valve to open the valve.
Snyder similarly shows a oral irrigator wherein the main body is detachably connected to the water tank (Fig. 3), the main body comprises a first communicating opening (pump inlet conduit 88), the water tank comprises a second communicating opening (at 374 in Fig. 21), the first communicating opening is connected to a pump disposed in the main body (pump inlet conduit 88), and a valve is disposed at the second communicating opening (fluid access valve 362); wherein when the water tank is connected to the main body, the valve is opened, and the first communicating opening is communicated with the second communicating opening (as in Fig. 21); wherein when the water tank is separated from the main body, the valve is closed, and the first communicating opening is not communicated with the second communicating opening (as in Fig. 19; see also [0077]). With respect to claim 18, wherein an abutting piece is disposed at the first communicating opening (portion of 88 extending into and against the valve), and when the water tank is connected to the main body, the abutting piece abuts against the valve to open the valve (as seen abutting in Fig. 21). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s communicating openings to include a valve as taught by Snyder in order to prevent spillage when the two components are separated from one another.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Kheradvar et al. (US 2022/0023020).
Xu discloses the device as previously described above, but fails to show, wherein the gravity of the main body is G1, the sum of the gravity of the water tank and the gravity of the liquid fully filled in the water storage space is G2, and a ratio of G1 to G2 is not less than 0.5 and not greater than 2 (this is equivalent to the water tank being ½ to 2 times the weight of the main body).
Kheradvar similarly teaches an oral irrigator system with a detachable water tank wherein the main body is designed for balanced weight with the water tank/fluid reservoir ([0054]; “balanced weight” would achieve the ratio claimed since “balanced” would be striving for 1:1 and having a center of mass closer to the middle of the device). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s device by incorporating a balanced design based between main body and water tank as taught by Kheradvar in order to be more stable, reduce fatigue, and increase ergonomics.
Allowable Subject Matter
Claims 2, 7, 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 11 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of Xu shows the use of a detachable water tank through the use of magnets, but does not have these magnets on an end face of the components facing the other components, but rather on the interior of the components facing away from each other; does not have the water tank connected to a side that incorporates protrusions disposed at specific intervals in relation to the main body in a length direction; and does not show the magnets located on the interacting protrusions and recesses and would not be expected to be able to rearrange to this due to the interior location of the magnets and separate protrusions/recesses. Xu also does not show how a water storage area of the water tank could change based on the distance between the magnets (see 112 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (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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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772