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 .
Information Disclosure Statement
It is noted that the IDS (SB08) filed on 11/11/2025 does not appear to be present. There is a copy of a previous IDS from another application signed by a different examiner. If these references are to be considered, they should be included on a new form and submitted.
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 5-10, 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.
Claims 5-10 recite structure without a clear indication of how each piece is related to one another and the specification is missing a majority of the language used in order to map these structures to the figures (i.e. “interior housing”, “first/second sealing feature”, “first/second sealing flange”, which are all critical to the understanding of the invention). It is suggested to utilize language consistent with the specification having applicable reference numbers to the figures. These claims will be addressed as best understood.
Claim 15 recites the limitation "the shape" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 2-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyd (US 2007/0203439).
Boyd shows an oral irrigator (Fig. 6) comprising: a handle (26 in Fig. 12) fluidly connected to a reservoir (via 34 to reservoir as seen in Fig. 12); and a tip latch assembly (at 184 in Fig. 6) connected to the handle (Fig. 6) comprising a latch (28, 128, 140, 142) with an integrally formed biasing structure (spring 142 thereon) and at least one prong (to either side of 140 extending from arms at 128 and 28) selectively movable from an engaged position to a disengaged position (best seen in Fig. 4C-D); and a tip release button (184) engaging at least one surface of the latch (as seen in Fig. 6); wherein a force on the tip release button causes the tip release button to exert a force against the at least one surface of the latch overcoming a biasing force exerted by the biasing structure and causing the at least one prong to move from the engaged position (Fig. 4D) to the disengaged position (Fig. 4C); and when the force is removed from the tip release button the biasing structure exerts the biasing force on the tip release button as the at least one prong moves from the disengaged position back to the engaged position (as seen in Fig. 4C-D). With respect to claim 3, wherein the latch comprises a first engagement arm at 128 in Fig. 6) extending from a first end of the biasing structure (140) and a second engagement arm (at 28 in Fig. 6) extending from a second end of the biasing structure (opposite to 128). With respect to claim 4, wherein the at least one prong comprises a first prong extending from the first engagement arm and a second prong extending from the second engagement arm (seen extending from 28 and 128 at the ends toward the middle where they meet).
Claims 5-10 are rejected as best under 35 U.S.C. 102(a)(1) as being anticipated by Chenvainu et al. (US 2008/0008979).
Chenvainu shows a waterproof oral irrigator (see 112 above for the following claims; various sealing members providing a “fluid-tight seal and/or an air-tight seal; 0082-0083 for instance) comprising: a body comprising a front shell (154) and a rear shell (156) connected together to define a cavity (interior thereof); an interior housing received within the cavity (interior of the shells and components therein, particularly the members of the sealed fluid pathways); a control assembly (400 in Fig. 3A) connected to an outer surface of the interior housing (shown mounted thereto in Fig. 3A) and positioned between an interior surface of the rear shell and the interior housing (best seen in Fig. 3A where the dashed lines are the shells); and a first sealing member connected to the front shell and the interior housing (sealing member between 154 and 156) and surrounds the control assembly (sealing member that allows the two shells to be connected resulting in Fig. 2A, which surround the control assembly). With respect to claim 6, wherein the interior housing comprises a first sealing flange extending from the outer surface (one of the various flanges of the interior housing construction with valves of 0083-0084 and their respective flanges), wherein the control assembly is surrounded by the first sealing flange (portions thereof above and below the control assembly) and the first sealing member is positioned around the first sealing flange (where flanges meet the sealing members of the valves); and the front shell comprises a first sealing feature extending from the interior surface; wherein the first sealing feature fits around the first sealing flange and the first sealing member to define a first waterproof compartment (top third of 22 in Fig. 3A, at and around 36). With respect to claim 7, wherein the interior housing comprises an upper housing (upper portion of 22) and a lower housing (lower portion of 22), wherein the first sealing flange extends from an outer surface of the upper housing (as detailed above within the top third). With respect to claim 8, all the corresponding structure of the first interior housing (upper portions of 22) and second interior housing (lower portions of 22). With respect to claim 9, further comprising a seal connected to an interior surface of the interior housing (seals between components along 22; 0083 describing the sealed structure); and a battery cap connected to a bottom end of the interior housing (at bottom of 36 where it interfaces with battery 44) and positioned within the cavity defined by the body (seen therein in Fig. 3B); wherein the seal, the battery cap, and the interior housing define a third waterproof compartment (housing compartment at the middle third of 22). With respect to claim 10, further comprising a vent coupled to the battery cap, wherein the vent allows gasses to pass therethrough (battery caps engage the top of a battery and allow gasses to pass therethrough and around the battery engagement).
Claims 11-13, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klupt (US 2005/0004498).
Klupt shows an oral irrigation assembly (Fig. 1) comprising: an oral irrigator (Fig. 2) comprising a housing (body thereof); at least one rechargeable battery received within the housing (36 as in Fig. 3B for instance); and at least one housing magnet connected to the housing (magnetic relay switch of the handle); and a charging unit (50) selectively connectable to the housing of the oral irrigator (when docked as in Fig. 1) and configured to provide a charge to the at least one rechargeable battery (via charging coils 0039), the charging unit comprising at least one charger magnet connected to the charging unit (magnetic relay switch thereof); wherein the at least one housing magnet and the at least one charger magnet cooperate to removably connect the charging unit to the housing of the oral irrigator (permit connection for electromagnetic communication therebetween 0039). With respect to claim 12, wherein the oral irrigator comprises a secondary charging coil (charging coil thereof 0039); and the charging unit comprises a primary charging coil (charging coil thereof 0039), wherein at least one of the secondary charging coil or the primary charging coil include a plurality of twisted copper wires (copper wires used for induction as utilized in the reference). With respect to claim 13, wherein the charging unit is made of plastics or other low-heat resistant products (0062). With respect to claim 15, wherein the charging unit generally conforms to the shape of the oral irrigator body (to receive therein as seen in Fig. 1).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. (US 2008/0008979) in view of Davidson et al. (US RE42,706 E).
Thomas shows an oral irrigator (abstract) comprising: a reservoir (45); a tip fluidly connected to the reservoir (nozzle 20); a motor (70) having a drive shaft (Fig. 13 where bottom of motor 70 has a drive shaft leading to pinion gear 150); a pump fluidly connected to the reservoir and the tip (Fig. 13 pump 75), the pump comprising a pump body including a pump inlet fluidly connected to the reservoir and a pump outlet fluidly connected to the tip (therebetween, 0065, see cylinder 115 in Fig. 12); a pinion gear (150) placed on the drive shaft and including a plurality of pinion gear teeth (at 150 in Fig. 13); and a driven gear (at 77 in Fig. 13) including a plurality of driven gear teeth (155 in Fig. 13) that mesh with the pinion gear teeth (as seen in Fig. 13); a connecting rod eccentrically connected to the driven gear (extending upward from 170,165 and at 165 in Fig. 12); and a piston connected to a first end of the connecting rod (at 120 in Fig. 12) and received within the pump body (Fig. 12), wherein movement of the drive shaft of the motor causes the pinion gear to rotate, which causes the driven gear to rotate, translating the connecting rod and moving the piston laterally within the pump body to pull fluid from the reservoir and push the fluid to the tip (structure as seen in Fig. 12-13 and resulting X, Y movement). However, Thomas fails to show the plurality of pinion gear teeth curve along their length so that the pinion gear teeth and the driven gear teeth are spiral gears with beveled edges.
Davidson similarly teaches a pump wherein helical/curved gear teeth and therefore beveled edges (see Figures of Davidson) are utilized instead of straight cut gears (col. 1, line 29-36). 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 Davidson’s device by substituting the curved/helical and therefore beveled edges as taught by Davidson in order to reduce noise.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Klupt.
Klupt discloses the device as previously described above, but fails to show with respect to claim 14, wherein the charging unit includes a plurality of cooling grooves defined in a side of a housing of the charger unit. The Office takes official notice that providing airflow in the form of cooling vents/grooves for electrical components within housings to prevent overheating is very well known in the art and would have been obvious to include with Klupt to provide such.
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
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