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 .
Claim Objections
Claims 1 and 4 are objected to because of the following informalities: In the third to last line of claim 1 the applicant recites “the central area”, however the language used throughout claim 1 recites “the center area”. It appears that this may be a typographical error and that the applicant is referring to the same area. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
2. Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al., JP 2011-024839 (see also English translation) in view of Pauker, US 2,849,740 and in further view of Lee et al., KR 10-2005-0034087 (see English translation) and Wan, US 5,419,001.
Regarding claim 1, Suzuki et al. disclose a toothbrush comprising: a longitudinal handle (3); a bristle implanting section (21) having a bristle implanting surface (21a) formed at an end of the handle (Figure 1); and a brush section including a plurality of bristle bundles (22, within holes 23) of a uniform circumference (Figure 7b) composed of a large number of bristles implanted on the bristle implanting surface (Figure 7b), the toothbrush cleaning a tooth with the brush section (as it is a toothbrush, inherently capable of cleaning a tooth with the brush; see Abstract), wherein the bristle implanting section is formed so that the bristle implanting surface is in an elliptical shape having a major axis direction and a minor axis direction when viewed from a tip part side of the bristle bundles (Figure 7b), wherein the brush section includes as the bristle bundles, a plurality of bristle bundles arranged in a center area along the major axis direction at a center of the ellipse in the minor axis direction (the center row in Figure 7b) and a plurality of side bristle bundles arranged in side areas on both sides of the center area in the minor axis direction (see bundles arranged to the sides of the center row in Figure 7b), wherein the side bristle bundles include in the minor axis direction, first side bundles arranged along the major axis direction in a first region on a side closer to the center area bristle bundles and second side bristle bundles arranged along the major axis direction in a second region on a side farther from the center area (see Figure 7b, there are two side rows on each side of the center row, one row closer to the center area one row farther from the center area on each side of the center row), wherein the center area bristle bundles outnumber the first side bristle bundles and the first side bristle bundles outnumber the second side bristle bundles (Figure 7b), wherein the second side bristle bundles are uniformly spaced from each other in the major axial direction (Figure 7b), the first side bristle bundles are uniformly spaced from each other in the major axial direction (Figure 7b), and the bristle bundles in the center area are uniformly spaced from each other in the major axial direction (Figure 7b), wherein a side view viewed in the minor axial direction, each of the second side bristle bundles is in a gap between the two nearest first side bristle bundles (Figure 7b) and a part of each of the second side bristle bundles overlap with the two nearest first side bristle bundles (Figure 7b), wherein in the side view viewed in the minor axial direction, each of the first side bristle bundle is in a gap between the two nearest bristle bundles in the center area (Figure 7b) and a part of each of the first side bristle bundle overlap with the two nearest bristle bundles in the center area (Figure 7b). Regarding claim 4, the bristle implanting section is in a generally elliptical shape (Figure 7b, note that the sides are straight) of which the major axis direction corresponds to the longitudinal direction of the handle (see Figures 1 and 7b).
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In Suzuki et al., the bristle bundles are all of uniform height (Figure 1). Specifically, Suzuki et al. does not disclose that tip parts of the bundles in the center area are formed in a chevron shape ridgeline to be gradually linearly inclined upwardly from both sides toward the center, wherein a height of each of the first side bristle bundles is higher than a height of adjacent second inside bristle bundles, or wherein a height of each of the bristle bundles in the center area is higher than a height of the adjacent first side bristle bundle, wherein an inclination angle of a chevron shaped central ridge line formed by connecting a bristle tips of the bristle bundles in the center area is same as an inclination angle of a chevron shaped first side ridge formed by connecting the bristle tips of the first side bristle bundles. In addition, the figures show that the bristle planting surface is generally elliptical, the sides of the ellipse are straight (Figure 7b). Suzuki et al. also fails to disclose that the bristles in the central area are harder in material than the side bristle bundles and/or have a larger amount of bristles than the side bristle bundles.
Pauker teaches a toothbrush having a brush section that includes bristle bundles (bristle bundles in tiers 13, 14, 15) including a plurality of bristle bundles arranged in a center area along the major axis direction at a center in of a brush head in the minor axis direction (bristle bundles in tier 13, Figures 6-7), a plurality of side bristle bundles arranged in side areas on both sides of the center area in the minor axis direction (Figures 6-7), wherein tip parts of all bristle bundles in the center area are formed in a chevron shape ridgeline by connecting each other so as to be gradually linearly inclined upwardly from both sides toward the center of the ellipse in the major axis direction (Figures 6-7), wherein the side bristle bundles include in the axis direction first side bristle bundles arranged along the major axis in a first region on a side closer to the center area bristle bundles (bristle bundles in tier 14, Figures 6-7) and second bristle bundles arranged along the major axis in a direction in a second region on a side farther from the center area (bristle bundles in tier 15, Figures 16-17), wherein a height of each of the first side bristle bundles is higher than a height of the adjacent second side bristle bundles (Figure 7), a height of each of the bristle bundles in the center area is higher than a height of the adjacent first side bristle bundles (Figure 7), and wherein an inclination angle of a chevron shaped central ridge line is formed by connecting bristle tips of the bristle bundles in the center area is same as an inclination angle of a chevron shaped first side ridge formed by connecting bristle tips of the first side bristle bundles (Figure 6). In particular, Pauker teaches central, first side, and second side bristle bundles and configured in different heights and in the same inclination angle so that the bristle bundles are adapted to clean teeth efficiently, allowing longer central bristle bundles to enter crevices between teeth and the shorter side bundles to effectively clean exposed surfaces (column 2 lines 14-21).
Lee et al. teach a toothbrush having a longitudinal handle (unlabeled, see Figure 1) and a bristle implanting section having a bristle implanting surface formed at an end of the handle (1, see Figures particular Figure 1b), wherein the bristle implanting section is formed so that the bristle implanting surface is in an elliptical shape having a major axis direction and a minor axis direction when viewed from a tip part side of the bristle bundles (see Figure 1b). Lee et al. particularly teach that the elliptical shape as conventional (see English translation of the Abstract). Regarding claim 4, the bristle implanting section is in an elliptical shape of which the major axis direction corresponds to the longitudinal direction of the handle (see Figure 1b).
Wan teaches a toothbrush having a longitudinal handle (14); a bristle implanting section formed at an end of the handle (12, Figures 1-3); a brush section including a plurality of bristle bundles implanted on the bristle implanting surface (22), wherein the brush section includes a plurality of bristle bundles arranged in the center area along a major axis direction (24) and a plurality of side bristle bundles arranged in a side areas on both sides of the center area in the minor axis direction (30, 32; Figures 1-2 and 4-6), where the bristle bundles in the central area are configured to be harder in material than the side bristle bundles (column 1 lines 50-63, claims 8-9) so that they do not irritate the gums or insides of cheeks (column 3 lines 39-49).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bristle bundles of Suzuki et al. by providing the tip parts of all bristle bundles in the center aera formed in a chevron shape ridgeline by connecting each other to be gradually linearly inclined upwardly from both sides toward the center, and to provide the height of each of the first side bristle bundles to be higher than the adjacent second side bristle bundles, the height of the bristle bundles in the center being higher than a height of the first bristle bundles, wherein there is a chevron shaped first side ridge formed by connecting the bristle tips of the first side bristle bundles that is the same inclination angle of the chevron shaped central ridge line of the center area, as taught by Pauker, in order to provide bristle bundle heights that can effectively clean crevices between teeth as well as exposed tooth surfaces. Additionally it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the bristle implanting surface of Suzuki et al. to be elliptical in shape, as taught by Lee et al., so that the brush head is conventionally shaped for cleaning the oral cavity. Further, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bristles of Suzuki et al. so that the bristles in the central area are harder in material than the side bristle bundles, as taught by Wan, so that the bristles on the sides do not irritate the user’s gums or cheeks.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 4 have been considered but are moot because the new ground of rejection does not rely on same the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, filed 9 December 2025, with respect to the rejection(s) of claim(s) 1 and 4 under Suzuki et al., Pauker, and Lee et al. have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in further view of Wan, US 5,419,001. The applicant argues that previously applied Suzuki et al., Pauker, and Lee et al. fail to disclose a newly introduced limitation requiring that “the bristle bundles in the center area being configured to be harder than the side bristle bundles and/or having a larger amount of bristles than the side bristle bundles.” Wan is currently relied upon for a teaching of having bristle bundles in the center area being configured to be harder than the side bristle bundles so that the side bristle bundles do not irritate a user’s gums and cheeks (see Wan, column 3 lines 39-49).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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