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
Claims 1-6, 10-15, 43 and 44 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention (Group I, a suction toothbrush with a handle, inlet port(s) internal conduit, and connector), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/29/2026.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) and 365(c) as follows:
For claim 19, the provisional application (63402670) and associated PCT/US2023/031604 disclose, “the closure 228 and the inlet stem 218 can have one or more o-rings 242 extending therearound to sealingly and frictionally engage the interior surface 216 of the housing 180 and the interior surface 240 of the cavity 234, respectively” (refer to Paragraph [0054] of the provisional, and Paragraph [0055] of the PCT). This is further demonstrated in Fig. 7 of both prior filed applications. However, claim 19 states, “one or more o-rings disposed around the inlet stem to sealingly and frictionally engage the handle”. Examiner recommends Applicant amend the language of claim 19 to clarify that the o-rings disposed around the inlet stem sealingly and frictionally engage the interior surface of a cavity that receives the inlet stem. Further, for examination purposes, Examiner is interpreting the claim in line with the recommended language.
For the purpose of examination, the priority date for claims 16-18, 20, 23 and 25 is 08/31/2022 and claim 19 is 02/26/2025.
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.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strickland et al (WO 2019236968 A1), herein Strickland.
Regarding claim 16, Strickland discloses a suction toothbrush (100) comprising:
a handle (122);
a toothbrush head (116) coupled to the handle (122) (refer to Paragraph [0020]; the suction assembly 100 of this form is configured to be secured to a toothbrush 114 that includes a head 116 having bristles 118, a neck portion 120 extending from the head 116, and a handle 122);
a fluid pathway (144) including one or more inlet ports (136) defined in or adjacent to the toothbrush head (116), a water pump (104), and a waste reservoir (106+172+174) (refer to Paragraphs [0023], [0027]; the waste tube 144 directs the suction generated by the vacuum pump 104 to an interior of the head portion 132 and to the gap 136 between the head portion 132 and the toothbrush head 116; the waste tube 144 extends from the port 142, and further includes a collection funnel 166 and a connection portion 172; the waste tube 144 of this form further includes a connection portion 172 sealingly engaged with the cap 174 that fluidly couples to the spout 170 of the funnel 166 and extends to the collection reservoir 106), the waste reservoir (106+172+174) comprising:
a lid (174); and
a basin (106) defining a sump for waste material (refer to Paragraph [0019]; the conduits 108 expel any collected materials into the collection reservoir 106);
wherein the waste reservoir (106+172+174) is configured to releasably couple to the handle (122) (refer to Paragraphs [0027], [0029]; the waste reservoir (106+172+174) is connected to the handle via the collection funnel 166; the waste tube 144, which includes the collection funnel 166 and connection portion 172, is detachable from the collection reservoir 106 and other conduits 108 of the handle 122).
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Regarding claim 17, Strickland discloses the suction toothbrush of claim 16, wherein the waste reservoir (106+172+174) defines one or more vent openings (opening in cap 174) extending therethrough (refer to Paragraphs [0024], [0026]-[0027], annotated Fig. 5 above; Examiner understands “a vent opening”, as an opening that allows the passage of gas therethrough (see Paragraph [0053] of the specification); the vacuum tube 150 can have an opening 164 that is positioned at an intermediate position within the collection reservoir 106 to establish a pressure gradient; the vacuum tube 150 can be inserted into the collection reservoir 106 in any sealed configuration, such as through an opening in the cap 174 or the sidewall 162; thus, the opening through the cap 174 or sidewall 162 allows the passage of gas and acts as a vent opening).
Regarding claim 18, Strickland discloses the suction toothbrush of claim 16 (100), wherein the waste reservoir (106+172+174) includes an upwardly extending inlet stem (172) (refer to Paragraph [0027], annotated Fig. 5 above; the waste tube 144 includes a connection portion 172).
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strickland et al (WO 2019236968 A1), herein Strickland, in view of Cagle et al. (US 20180289145 A1), herein Cagle.
Regarding claim 19, Strickland discloses the suction toothbrush of claim 18, wherein the inlet stem (172) is sealingly engaged with the lid (174), and further discloses that any of the embodiments described herein can include gaskets, seals, o-rings, and so forth to maintain desired suction (refer to Paragraph [0030]); however, Strickland does not explicitly disclose using one or more o-rings to sealingly engage the lid (174) (of note-Examiner is interpreting this claim based on Paragraphs [0054]-[0055] and Fig. 7 of the specification, which disclose that the inlet stems sealingly engages the interior surface of the cavity it is received in, not the handle).
Cagle discloses an oral fluid delivery device (100) in the same field of endeavor (refer to Paragraph [0025]) including an upwardly extending stem (202) that sealingly engages with the lid (504) using an o-ring (530) for fluid passage (refer to Paragraphs [0029], [0043], Fig. 6B; the top 504 also includes a ring shaped recess 510 that extends into the top 504 such that the ring shaped recess 510 can receive a resilient member such as a gasket/O-ring 530).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sealing engagement of Strickland with an o-ring (530) as taught by Cagle, as Strickland teaches o-rings can be used to maintain the desired suction (refer to Paragraph [0030]), and Cagle demonstrates the use of o-rings to sealingly engage a stem for suction fluid passage (refer to Paragraphs [0029], [0043]).
Regarding claim 20, Strickland discloses the suction toothbrush of claim 16, with a downwardly depending outlet funnel (166) to direct material flow into the basin (106) (refer to Paragraph [0027]; the waste tube 144 includes a connection portion 172 that fluidly couples to the spout 170 of the funnel 166 and extends to the collection reservoir 106); however, Strickland is silent to wherein the lid (174) includes a downwardly depending outlet funnel to direct material flow into the basin (106).
Cagle discloses an oral fluid delivery device (100) in the same field of endeavor (refer to Paragraph [0025]). The oral fluid delivery device (100) includes a basin (506) with a lid (300) that further includes a downwardly depending outlet funnel (refer to annotated Fig. 6B) to enable air flow for suction of fluid into the basin (506) (refer to Paragraphs [0041], [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the lid (174) of Strickland with a downwardly depending outlet funnel (Refer to annotated Fig. 6B) as taught by Cagle, as Cagle teaches this structure for enabling air flow for suction of fluid into the basin (506) (refer to Paragraphs [0041], [0047]).
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Claim(s) 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strickland et al (WO 2019236968 A1), herein Strickland, in view of Lauterbach et al. (US 20220226088 A1), herein Lauterbach.
Regarding claim 23, Strickland discloses the suction toothbrush of claim 16, wherein the handle (122) comprises an outer housing (refer to annotated Fig. 5 below) having a bottom opening (refer to annotated Fig. 5 below) (refer to Paragraph [0027], annotated Fig. 4 below; a collection funnel 166 is mounted to the toothbrush handle 122, such as with threading as shown, a snap-fit, or other suitable connection; as the collection funnel is shown with male threading, the corresponding female threading in the bottom of the handle 122 is the bottom opening) and
a closure (166; refer to Fig. 4) configured to be sealingly received within the outer housing through the bottom opening (refer to Paragraph [0027]; the threaded connection between the handle 122 and collection funnel 166 is configured to retain liquid from the waste tube 144 to deposit into the collection funnel; thus the closure is configured to be sealingly received);
the fluid pathway (144) includes a port (170) defined by the closure (166); and
the waste reservoir (106+172+174) includes an upwardly extending inlet stem (172) configured to be received by the port of the closure (170) to fluidly connect the waste reservoir (106+172+174) to other components of the fluid pathway (144) (refer to Paragraph [0027]; the waste tube 144 of this form further includes a connection portion 172 that fluidly couples to the spout 170 of the funnel 166 and extends to the collection reservoir 106).
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Strickland does not explicitly disclose receiving the inlet stem (172) within the port (170).
Lauterbach discloses a self-contained tooth cleaning system (300) with a suction/scavenge system in the same field of endeavor (refer to Paragraph [0081], Fig. 7). The upwardly extending inlet stem (350) extends from the reservoir (370) being received within a port (340) of the fluid pathway (340+350+352+354+370) (refer to Paragraphs [0089]-[0090]; sleeve 340 is configured to receive scavenge tube 350; scavenge tube 350 interfaces with arm-mounted module 360 through a scavenge inlet 354 coupled to a scavenge reservoir 370).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the configuration of the closure port (170) and upwardly extending inlet stem (172) as taught by Strickland with the upwardly extending inlet stem (350) being received within a port (340) of the fluid pathway (340+350+352+354+370) as taught by Lauterbach, as Lauterbach demonstrates this configuration is known in the art for forming a suction fluid pathway (refer to Paragraphs [0089]-[0090]).
Regarding claim 25, Strickland and Lauterbach disclose the suction toothbrush of claim 23,; Strickland further discloses wherein the waste reservoir (106+172+174) is secured to the outer housing (refer to annotated Fig. 5 above) via a locking mechanism (refer to Paragraph [0023]; a collection funnel 166 is mounted to the toothbrush handle 122, such as with threading; the waste reservoir (106+172+174) is coupled to the outer housing via the collection funnel (166) and is thus coupled in a locking manner via the threading).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schneier (US 10813442 B1) discloses a self-contained tooth brush with an internal waste reservoir (refer to Abstract).
Barkhordar (US 20120288320 A1) discloses a portable toothbrush with suction (refer to Paragraph [0022], Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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