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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 December 2025 has been entered.
Response to Amendment
The Amendment filed 22 December 2025 has been entered. Claims 1-5, 7, 9-19 and 21-23 remain pending in the application. Claim 23 is new. Applicant’s amendments to Claims 1, 2, 10 and 11 have overcome each and every claim objection previously set forth in the Non-Final Office Action mailed on 22 August 2025. However, Applicant’s amendments to Claims 1, 2, 10 and 11 do not overcome the objections to the drawings nor the U.S.C. 103 rejections. Further, there are additional objections to the claims and drawings, as well as U.S.C. 112 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 22 December 2025, with respect to the U.S.C. 103 rejections of claims 1-5, 7, 9-19 and 21-23 have been considered but are moot because the new ground of rejection has newly cited references teaching the amended claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “112” has been used to designate both “internal assembly” and “movements”. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “111” has been used to designate both “optical axis” and “handle”. 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. 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
Claims 4, 5, 9, 10 and 19 are objected to because of the following informalities: On line 2, “a camera” should be corrected to say –the camera—because the antecedent basis is already set forth in claim 1.
Claim 5 is objected to because of the following informalities: On line 2, “an optical axis” should be corrected to say –the optical axis-- because the antecedent basis is already set forth in claim 1.
Claim 11 is objected to because of the following informalities: On line 3, “the movement” lacks antecedent basis and should be corrected to say –the internal assembly--.
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.
Claims 1-5, 7, 9-19 and 21-23 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.
As to claim 1, it is unclear what “a distance between the optical axis and the care piece progressively increases from the handle toward the care piece” means. From fig. 7 of the current application (annotated below), the distance between the optical axis 111h and the care piece 120 does not increase from the handle 111 toward the care piece 120. Rather, according to fig. 7 of the current application, the distance between the optical axis 111h and a point along the care piece 120 is at its maximum at a point along the care piece 120 (along the axis 112a) furthest away from the handle 111. For examination purposes, the claim limitation is understood to mean “a distance between the optical axis and a point along the care piece progressively increases as the point along the care piece is further away from the handle”.
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Current application annotated Fig. 7
Claims 2-5, 7, 9-19 and 21-23 are rejected due to their dependencies.
As to claim 23, in line 2, the limitation “the brushing position” lacks antecedent basis. Please note that in line 1, “the oral care device” is recited. However, “the brushing position” can be interpreted as a position of the oral care device, a position of a brush, a position of the oral care piece, a position of the user, etc., and “the brushing position” is not previously claimed. Accordingly, “the brushing position” lacks antecedent basis. For examination purposes, the claim limitation is understood to mean “the position of the oral care device”.
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 of this title, 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.
Claims 1-5, 9-16 and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Addington (US20160317007A1) in view of Ouyang (US-20200169649-A1), further in view of Kooijman et al. (US 20210059395 A1), hereinafter Kooijman.
As to claim 1, Addington teaches an oral care device (claim 1; video capable electric toothbrush system), comprising:
a handle assembly (claim 1; handle body);
a care piece (fig. 1A-B; claim 1; rotating bristle assembly 50);
and an energy receiving device (claim 1; fig. 11B; camera device 500);
wherein the handle assembly comprises a handle (fig. 3; the handle 12) and an internal assembly (fig. 5A-B; [0067]; the elements internal to the handle body (i.e. the internal assembly), can be moved, for example interchangeable stem 14), the handle defines a mounting cavity (fig. 5A-B; the internal cavity 52), the internal assembly comprises an output shaft (fig. 1A-B, 3 and 5A-B; When the interchangeable stem 14 is attached to the handle body in fig. 1A-B, the drive axel 60 in fig. 5A-B is attached to the complementary splines 44 in fig. 3. In this instance, the internal assembly of the handle body comprises the interchangeable stem 14, i.e. the output shaft), the internal assembly is mounted in the mounting cavity (fig. 1A-B, 3 and 5A-B; [0067]; The elements internal to the handle body, including the interchangeable stem 14, are mounted in the internal cavity 52) and the output shaft extends out of the mounting cavity (fig. 1A-B, 3 and 5A-B; the interchangeable stem 14 extends out of the internal cavity 52 when the interchangeable stem 14 is attached to the handle body in fig. 1A-B);
wherein the care piece is connected to one end of the output shaft extending out of the mounting cavity (fig. 1A-B and 5A-B; rotating bristle assembly 50 is connected to one end of the interchangeable stem 14, extending out of the internal cavity 52 when the interchangeable stem 14 is connected to the handle body);
wherein the energy receiving device is connected to the internal assembly or the handle ([0098]; fig. 11B-C; the camera device 500 is attached into the press fit system 400a and 400b, connected to the handle 12), the energy receiving device is configured to acquire human body feature information (fig. 11B; [0101]; the camera device 500 captures the oral cavity of the user), the energy receiving device has a predetermined receiving range (cameras are known in the art to all have a predetermined field of view);
and wherein the energy receiving device is configured to receive energy reflected from an outer face of a user (fig. 11B; [0098]; The camera device 500 is mounted on the handle 12, which is not touching the oral of the user, but rather away from the outer face of the user. The means for detachably engaging 400 a and 400 b (configured to tightly receive the camera device 500) is substantially antipodal to the switch means 24; although, various positions about the exterior of the handle body 14 are envisioned. Thus, the camera device 500 can be configured to receive energy reflected from an outer face of a user, as well as the required gingival margin),
and, based on the energy, a position of the care piece in the oral cavity of the user is determined (fig. 11B; [0085]; The energy received by the camera device 500 may include the electric toothbrush 10 into the user’s mouth towards the upper right facial side of the jaw 70. Thus, based on the energy, i.e. the imaging, the position of the care piece, i.e. the electric toothbrush 10, can be determined to be in the oral cavity);
wherein the energy receiving device comprises a camera (claim 4; the camera device 500 comprises a digital camera sensor), and the camera defines an optical axis (fig. 11B; implicitly the axis intersecting the camera device 500).
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Addington Fig. 1A-B
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Addington Fig. 3
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Addington Fig. 5A-B
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Addington Fig. 11B
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Addington Fig. 11C
However, Addington does not explicitly disclose a receiving port, the receiving port is connected to the mounting cavity; the energy receiving device is disposed corresponding to the receiving port; and the care piece is disposed outside the predetermined receiving range; wherein the optical axis is inclined outward relative to the care piece, so that the care piece is disposed outside the predetermined receiving range, and a distance between the optical axis and the care piece progressively increases from the handle toward the care piece.
Ouyang, in the same field of endeavor as the claimed invention, teaches a receiving port (Ouyang fig. 15; [0114]; the connector 21), the receiving port is connected to the mounting cavity (Ouyang [0122]; fig. 14; the connector 21 connects to the module in the housing 1, establishing communication), the energy receiving device is disposed corresponding to the receiving port (Ouyang fig. 15 and 17; the image acquisition model 3 comprised in the probe part 101 is disposed corresponding to the connector 21);
and the care piece is disposed outside the predetermined receiving range (Ouyang fig. 7 and 17; [0111]; The endoscope head, i.e. the care piece, comprises the probe part 101 in fig. 17, i.e. the energy receiving device. The image acquisition area in fig. 7, i.e. the predetermined receiving range, does not include the endoscope head).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include a receiving port, the receiving port is connected to the mounting cavity, the energy receiving device is disposed corresponding to the receiving port; the care piece is disposed outside the predetermined receiving range, for the advantage of increased functionality of the device (Ouyang [0093]) and not obstructing the video feed of the user’s gingival margin (Addington [0107]).
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Ouyang Fig. 7
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Ouyang Fig. 14
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Ouyang Fig. 15
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Ouyang Fig. 17
Still lacking the limitations such as wherein the optical axis is inclined outward relative to the care piece, so that the care piece is disposed outside the predetermined receiving range, and a distance between the optical axis and the care piece progressively increases from the handle toward the care piece.
Kooijman, in the same field of endeavor as the claimed invention, teaches wherein the optical axis is inclined outward relative to the care piece, so that the care piece is disposed outside the predetermined receiving range (Kooijman fig. 1; [0066]; annotated fig. 3; [0072]; the optical axis labeled “AXIS” in annotated fig. 3 is inclined outward relative to the head member 14 of the oral care device 10, so that the head member 14 is disposed outside the energy receiving range (which includes the face of the user 300)),
and a distance between the optical axis and the care piece progressively increases from the handle toward the care piece (Kooijman annotated fig. 3; [0068]; [0072]; the distance between the axis (labelled “AXIS” in annotated fig. 3) and the head member 14 of the oral care device 10 progressively increases as the point along the head member 14 is further away from the body portion 12 of the oral care device 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington in view of Ouyang to incorporate the teachings of Kooijman to include wherein the optical axis is inclined outward relative to the care piece, so that the care piece is disposed outside the predetermined receiving range, and a distance between the optical axis and the care piece progressively increases from the handle toward the care piece; for the advantage of indicating the dimensions and position of the user to facilitate proper cleaning techniques (Kooijman [0003]; [0072]).
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Kooijman Fig. 1
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Kooijman annotated Fig. 3
As to claim 2, Addington teaches the oral care device according to claim 1, wherein the oral care device further comprises an energy transmitting device ([0101]; the lighting mechanism), the energy transmitting device is connected to the internal assembly or the handle ([0098]; fig. 11B; The camera device 500 is attached into the press fit system 400a and 400b, connected to the handle 12. Claim 4; The camera device 500 comprises the lighting mechanism. Thus, the lighting mechanism is connected to the handle 12);
wherein the energy transmitting device is configured to transmit energy to a human body (fig. 11B; [0101]; the camera device 500 comprises the lighting mechanism which lights the oral cavity of the user, implicitly human), the energy receiving device at least receives reflected energy of the energy transmitted by the energy transmitting device ([0101]; The lighting mechanism is aimed towards the oral cavity of the user so as to capture intraoral video via the camera device 500. Thus, the light is transmitted by the lighting mechanism, is reflected from the oral cavity of the user, and is received by the camera device 500), the energy transmitting device has a predetermined transmitting range ([0101]; The lighting mechanism can be six individual LED lights surrounding the aperture of the camera device 500. The lighting mechanism is aimed towards the oral cavity of the user).
However, Addington does not explicitly disclose the energy transmitting device is disposed corresponding to the receiving port; and the care piece is disposed outside the predetermined transmitting range.
Ouyang, in the same field of endeavor as the claimed invention, teaches the energy transmitting device is disposed corresponding to the receiving port fig. 15 and 17; the image acquisition model 3 comprised in the probe part 101 is disposed corresponding to the connector 21); and
the care piece is disposed outside the predetermined receiving range (Ouyang fig. 7 and 17; [0111]; The endoscope head, i.e. the care piece, comprises the probe part 101 in fig. 17, i.e. the energy receiving device. The image acquisition area in fig. 7, i.e. the predetermined receiving range, does not include the endoscope head).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include the energy transmitting device is disposed corresponding to the receiving port; and the care piece is disposed outside the predetermined receiving range; for the advantage of increased functionality of the device (Ouyang [0093]) not obstructing the video feed of the user’s gingival margin (Addington [0107]).
As to claim 3, Addington teaches the oral care device according to claim 2, wherein the predetermined transmitting range is within the predetermined receiving range (Cameras are known in the art to all have a predetermined field of view. [0101]; Claim 4; The lighting mechanism is comprised in the camera device 500 and transmits the light. The camera device 500 receives the light to receive the light. Thus, the predetermined transmitting range is within the predetermined receiving range. The predetermined transmitting range implicitly covers the entirety of the predetermined receiving range, in order to capture the full intraoral video).
As to claim 4, Addington teaches the oral care device according to claim 1, wherein the energy receiving device comprises a camera, a photoelectric sensor, a sonic sensor, or an infrared sensor (claim 4; the camera device 500 comprises a digital camera sensor).
As to claim 5, Addington teaches the oral care device according to claim 1, wherein the energy receiving device comprises a camera (claim 4; the camera device 500 comprises a digital camera sensor), the camera defines an optical axis (fig. 11B; implicitly the axis intersecting the camera device 500), the output shaft defines an axis (fig 5A-B; implicitly the axis intersecting the interchangeable stem 14),
Addington does not explicitly disclose an included angle between the optical axis and the axis is not less than F degrees and not greater than F +10 degrees, and F is one-half of a field angle of the camera.
However, applicant has not provided criticality for an included angle between the optical axis and the axis is not less than F degrees and not greater than F +10 degrees, and F is one-half of a field angle of the camera. Applicant discloses merely that “an included angle between the optical axis 111 and the axis is not less than F degrees and is not greater than F+10 degrees” and “F is one-half of the field angle of the camera” (Specification [0070]). Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include an included angle between the optical axis and the axis is not less than F degrees and not greater than F +10 degrees, and F is one-half of a field angle of the camera, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate an included angle between the optical axis and the axis is not less than F degrees and not greater than F +10 degrees, and F is one-half of a field angle of the camera; for the advantage of not obstructing the video feed (Addington [0107]).
As to claim 9, Addington teaches the oral care device according to claim 1, wherein the energy receiving device comprises a camera (claim 4; the camera device 500 comprises a digital camera sensor), and the oral care device further comprises a light source (claim 4; The camera device 500 comprises the lighting mechanism);
wherein the light source is disposed on the handle ([0098]; fig. 11B; The camera device 500 is attached into the press fit system 400a and 400b, connected to the handle 12) and is configured to supplement light for the camera, and/or the light source is turned on and off synchronously with the camera (claim 4; The camera device 500 comprises the lighting mechanism and thus, supplies light for the camera device 500 comprising the digital camera sensor).
As to claim 10, Addington teaches the oral care device according to claim 1, wherein the energy receiving device comprises a camera (claim 4; the camera device 500 comprises a digital camera sensor); and the internal assembly comprises: a bracket ([0098]; The press fit system 400a and 400b can be moved via detachably engaging means. Various positions are envisioned), the camera is disposed on the bracket ([0098]; fig. 11B; The camera device 500 is attached into the press fit system 400a and 400b, connected to the handle 12), and a light incident surface of the camera (fig. 11B; [0109]; The oral cavity of the user is the surface where light first makes contact with the subject before reflection towards the camera device 500).
However, Addington does not explicitly disclose the light incident surface of the camera directly faces the receiving port.
Ouyang, in the same field of endeavor as the claimed invention, teaches the light incident surface of the camera directly faces the receiving port (fig. 7 and 15; the light is incident on the oral cavity before reflecting onto the image acquisition module 3. The oral cavity inherently directly faces the image acquisition module 3 and as a result directly faces the connector 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include the light incident surface of the camera directly faces the receiving port; for the advantage of optimized functionality (Ouyang [0093]).
As to claim 11, Addington teaches the oral care device according to claim 1, wherein the handle further comprises a mounting opening connected to the mounting cavity ([0097]; fig. 10A; The knurled threaded cap 300, which is connected to the handle body, allows the user to access the battery 56 and/or any other internal components within the internal cavity 52. Thus, the knurled threaded cap 300 is connected to the internal cavity 52).
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Addington Fig. 10A
However, Addington does not explicitly disclose the energy receiving device is disposed on the internal assembly, and the energy receiving device and the internal assembly are mounted in the mounting cavity from the mounting opening.
Ouyang, in the same field of endeavor as the claimed invention, teaches the energy receiving device is disposed on the internal assembly ([0071]; [0098]; fig. 15; The probe part 101 is internal to the housing 1, and comprises the image acquisition module 3. [0129]; The probe part 101 is disposed on the handheld part 102), and the energy receiving device and the internal assembly are mounted in the mounting cavity from the mounting opening (fig. 15; The probe part 101 and the handheld part 102 are mounted in the housing 1. [0098]; The arrangement of the internal devices, including the probe part 101 and the handheld part 102, implicitly includes mounting from a mounting opening, not necessarily accessible by the user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include the energy receiving device is disposed on the internal assembly, and the energy receiving device and the internal assembly are mounted in the mounting cavity from the mounting opening; for the advantage of an integrated structure (Ouyang [0097]) for a seamless device.
As to claim 12, Addington teaches the oral care device according to claim 1, wherein the handle comprises a transition section and a holding section (annotated fig. 1A; the transition section and the holding section are highlighted in annotated fig. 1A), the transition section comprises a first connecting end and a second connecting end, the second connecting end of the transition section is closer to the care piece than the first connecting end of the transition section, the holding section is connected to the first connecting end of the transition section, and areas of cross sections, perpendicular to a length direction of the oral care device, of the holding section gradually decrease from the first connecting end of the transition section to the second connecting end of the transition section (annotated fig. 1A; the first connecting end, the second connecting end, and the length direction are labeled in annotated fig. 1A).
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Addington annotated Fig. 1A
However, Addington does not explicitly disclose wherein the receiving port is disposed in the transition section, the receiving port is disposed in the holding section, or the receiving port is disposed at a junction of the transition section and the holding section; wherein the receiving port is spaced apart from the care piece.
Ouyang, in the same field of endeavor as the claimed invention, teaches wherein the receiving port is disposed in the transition section, the receiving port is disposed in the holding section, or the receiving port is disposed at a junction of the transition section and the holding section (Ouyang fig. 14 and 15; [0118] The connector 21 is disposed at the end of the housing 1 closest to the handle 22. Thus, the connector 21 is disposed at the handheld part 102 of the housing 1, i.e. the holding section);
wherein the receiving port is spaced apart from the care piece (Ouyang fig. 17; the connector 21 which is disposed in the handheld part 102, is spaced apart from the endoscope head, the top of the housing 1).
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Ouyang Fig. 14
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include wherein the receiving port is disposed in the transition section, the receiving port is disposed in the holding section, or the receiving port is disposed at a junction of the transition section and the holding section; wherein the receiving port is spaced apart from the care piece; for the advantage of flexible design choice.
As to claim 13, Addington teaches the oral care device according to claim 12.
Addington does not explicitly disclose wherein the receiving port is disposed in the transition section, and the receiving port is flush with an outer surface of the transition section.
However, applicant has not provided criticality for wherein the receiving port is disposed in the transition section, and the receiving port is flush with an outer surface of the transition section. Applicant discloses merely that, in some embodiments, the receiving port is disposed in the transition section, and the receiving port is flush with an outer surface of the transition section (Specification [0010] and [0086]). Furthermore, it has been held that a mere rearranging of parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to Addington to incorporate wherein the receiving port is disposed in the transition section, and the receiving port is flush with an outer surface of the transition section; for the advantage of flexible design choice.
As to claim 14, Addington teaches the oral care device according to claim 12.
Addington does not explicitly disclose wherein the receiving port is disposed in the holding section or the receiving port is disposed at a junction of the transition section and the holding section; and the receiving port protrudes from an outer surface of the handle.
Ouyang, in the same field of endeavor as the claimed invention, teaches wherein the receiving port is disposed in the holding section or the receiving port is disposed at a junction of the transition section and the holding section (Ouyang fig. 14 and 15; [0118] The connector 21 is disposed at the end of the housing 1 closest to the handle 22. Thus, the connector 21 is disposed at the handheld part 102 of the housing 1, i.e. the holding section); and the receiving port protrudes from an outer surface of the handle (fig. 14; the connector 21 protrudes from the outer surface of the housing 1, which comprises the handle 22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include wherein the receiving port is disposed in the holding section or the receiving port is disposed at a junction of the transition section and the holding section; and the receiving port protrudes from an outer surface of the handle; for the advantage of flexible design choice.
As to claim 15, Addington teaches the oral care device according to claim 1, wherein the handle comprises a top end close to the care piece and a bottom end away from the care piece (annotated fig. 1A; the top end and the bottom end are labeled in annotated fig. 1A).
Addington does not explicitly disclose a distance between the receiving port and the top end of the handle is not greater than 40 mm, or a distance between the receiving port and the bottom end of the handle is not greater than 40 mm.
However, applicant has not provided criticality for a distance between the receiving port and the top end of the handle is not greater than 40 mm, or a distance between the receiving port and the bottom end of the handle is not greater than 40 mm. Applicant discloses merely that a distance between the receiving port and the top end of the handle is not greater than 40 mm, or a distance between the receiving port and the bottom end of the handle is not greater than 40 mm (Specification [0012] and [0074]) Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include a distance between the receiving port and the top end of the handle is not greater than 40 mm, or a distance between the receiving port and the bottom end of the handle is not greater than 40 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to Addington to incorporate a distance between the receiving port and the top end of the handle is not greater than 40 mm, or a distance between the receiving port and the bottom end of the handle is not greater than 40 mm, for the advantage of size limitation.
As to claim 16, Addington teaches the oral care device according to claim 1, wherein the handle assembly further comprises a protruding structure, the protruding structure protrudes from an outer peripheral wall of the handle along a radial direction of the handle ([0098]; fig. 11B; the press fit system 400a and 400b is a protruding structure from the outer peripheral wall of the handle 12 pictured along a radial direction of the handle 12);
and the energy receiving device is defined in a surface of the protruding structure facing the care piece ([0098]; fig. 11B; the camera device 500 is held by the press fit system 400a and 400b).
However, Addington does not explicitly disclose the energy receiving device is disposed corresponding to the receiving port.
Ouyang, in the same field of endeavor as the claimed invention, teaches the energy receiving device is disposed corresponding to the receiving port (Ouyang fig. 15 and 17; the image acquisition model 3 comprised in the probe part 101 is disposed corresponding to the connector 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington to incorporate the teachings of Ouyang to include the energy receiving device is disposed corresponding to the receiving port; for the advantage of increased functionality of the device (Ouyang [0093]).
As to claim 21, Addington teaches wherein the energy comprises an image of the out face of the user, the image of the out face of the user comprises at least one image of face, the mouth, the nose, the ears, the eyes and the neck (fig. 11B; [0098]; The camera device 500 is mounted on the handle 12, which is not touching the oral of the user, but rather away from the outer face of the user. The means for detachably engaging 400 a and 400 b (configured to tightly receive the camera device 500) is substantially antipodal to the switch means 24; although, various positions about the exterior of the handle body 14 are envisioned. Thus, the camera device 500 can be configured to receive energy, i.e. imaging, from the out face of the user, and will implicitly image the mouth).
As to claim 22, Addington teaches wherein the energy transmitting device is configured to transmit the energy to the out face of the user (fig. 11B; [0098]; The camera device 500 is mounted on the handle 12, which is not touching the oral of the user, but rather away from the outer face of the user. Claim 4; [0109]; The camera device 500 comprises the lighting mechanism which is aimed towards the oral cavity of the user, implicitly towards the outer face of the user),
and the energy is reflected after contacting the out face of the user and received by the energy receiving device ([0109]; the camera device 500 receives the energy reflected from the user after the lighting mechanism transmits the light to the user).
As to claim 23, Addington in view of Ouyang does not explicitly disclose wherein a posture of the user is used in conjunction with the image to calibrate the brushing position.
Kooijman, in the same field of endeavor as the claimed invention, teaches wherein a posture of the user is used in conjunction with the image to calibrate the brushing position (Kooijman claims 1 and 3; the position of an oral care device in the mouth of the user is determined using the received reflected energy and facial characteristics information of the user, which are obtained from an image of the user, obtained by processing the received reflected energy).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington in view of Ouyang to incorporate the teachings of Kooijman to include wherein a posture of the user is used in conjunction with the image to calibrate the brushing position; for the advantage of facilitating proper cleaning techniques (Kooijman [0003]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Addington in view of Ouyang and Kooijman, further in view of Claire-Zimmet et al. (US-20200368003-A1), hereinafter Claire-Zimmet.
As to claim 7, Addington teaches the oral care device according to claim 1.
However, Addington in view of Ouyang and Kooijman does not explicitly disclose wherein the oral care device further comprises a multi-axis sensor, and the multi-axis sensor is configured to obtain attitude information of the oral care device. Note that Kooijman para. [0068] teaches that additional sensors may be included in the oral care device 10 such as an accelerometer.
Claire-Zimmet, in the same field of endeavor as the claimed invention, teaches wherein the oral care device further comprises a multi-axis sensor, and the multi-axis sensor is configured to obtain attitude information of the oral care device (Claire-Zimmet [0037]; The electric toothbrush 100 may include one or several sensors, such as multi-axis accelerometers, pressure sensors, gas sensors, vibration sensors, temperature sensors, etc. Attitude information is known in the art to include information light acceleration, direction, rotation, vibration, etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington in view of Ouyang and Kooijman to incorporate the teachings of Claire-Zimmet to include wherein the oral care device further comprises a multi-axis sensor, and the multi-axis sensor is configured to obtain attitude information of the oral care device; for the advantage of more data for the user (Claire-Zimmet [0037]).
Claim 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Addington in view of Ouyang and Kooijman, further in view of Timm et al. (WO 2018162112 A1), hereinafter Timm.
As to claim 17, Addington teaches the oral care device according to claim 1, wherein the oral care device comprises a light-transmitting element (claim 4; the lens comprised in the camera device 500),
and the light-transmitting element is inclined to guide liquid or foam to flow off the light-transmitting element (claim 4; [0102]; The lens is comprised in the camera device 500 which can be a waterproof inspection camera. Waterproof devices are known in the art to guide liquid or foam away. Thus, the waterproof inspection camera with lighting mechanism is inclined to guide liquid or foam to flow away from itself, rather than through itself).
However, Addington in view of Ouyang and Kooijman does not explicitly disclose the light-transmitting element covers the receiving port to seal the receiving port.
Timm, in the same field of endeavor as the claimed invention, teaches the light-transmitting element (Timm claim 15; the window 30) covers the receiving port to seal the receiving port (Timm claim 15; the waterproof camera housing 28 comprising a window 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington in view of Ouyang and Kooijman to incorporate the teachings of Timm to include the light-transmitting element covers the receiving port to seal the receiving port; for the advantage of protecting the camera (Timm claim 15) while allowing it to perform its functions.
As to claim 18, Addington teaches the oral care device according to claim 1, wherein the oral care device comprises a light-transmitting element (claim 4; the lens comprised in the camera device 500), and a hydrophobic film is coated on an outer surface of the light-transmitting element (claim 4; [0102]; The lens is comprised in the camera device 500 which can be a waterproof inspection camera. Thus, implicitly, a hydrophobic film is coated on an outer surface of the lighting mechanism).
However, Addington in view of Ouyang and Kooijman does not explicitly disclose the light-transmitting element covers the receiving port to seal the receiving port.
Timm, in the same field of endeavor as the claimed invention, teaches the light-transmitting element (Timm claim 15; the window 30) covers the receiving port to seal the receiving port (Timm claim 15; the waterproof camera housing 28 comprising a window 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington in view of Ouyang and Kooijman to incorporate the teachings of Timm to include the light-transmitting element covers the receiving port to seal the receiving port; for the advantage of protecting the camera (Timm claim 15) while allowing it to perform its functions.
As to claim 19, Addington teaches the oral care device according to claim 17, wherein the energy receiving device comprises a camera (claim 4; the camera device 500 comprises a digital camera sensor),
and an inclined angle of the camera is same as an inclined angle of the light-transmitting element (claim 4; The camera device 500 comprises the lens (i.e. the light-transmitting element) and the digital camera sensor (i.e. the camera). They share the same body, the camera device 500, and the same aperture. Thus, the inclined angle of the digital camera sensor is the same as the inclined angle of the lens).
However, Addington in view of Ouyang and Kooijman does not explicitly disclose the camera directly faces the receiving port.
Timm, in the same field of endeavor as the claimed invention, teaches the camera directly faces the receiving port (Timm claim 15; the waterproof camera housing 28, i.e. the receiving port, houses at least the front end of the camera 24 and the window 30. The camera 24 directly faces the window 30. Thus, the camera 24 directly faces the waterproof camera housing 28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Addington in view of Ouyang and Kooijman to incorporate the teachings of Timm to include the camera directly faces the receiving port, for the advantage of protecting the camera (Timm claim 15) while allowing it to perform its functions.
Conclusion
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877