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
Applicant’s election without traverse of Group I, Species A in the reply filed on 2/14/2025 is acknowledged.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “removable string positioner tip” and “interchangeable string positioner tip”.
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 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 23 recites the limitation “a second string positioner having a second floss string” where it is unclear if the second string positioner is the same or different from the second string positioner recited in claim 13.
Claim 33 recites the limitation “a second string positioner having a second floss string” where it is unclear if the second string positioner is the same or different from the second string positioner recited in claim 26.
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, 13 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mowell et al. (US 20120234350).
Regarding claim 1, Mowell discloses an adjustable flossing tool (Refer to Figures 1-7) comprising: a tool body (22) having a major tool axis (axis between tip of 22 and opposing end of 22 near 24), said tool body having a first distal tool end (end of 22 before and near 24,22b) and a headstock (32 and portion below 24,26 from which 24,26 extend) positioned at or near said first distal tool end; at least one first string positioner (24,26 and/or 14) positioned on said headstock, said first string positioner having a first positioner arm (24 and/or 44) and a second positioner arm (26 and/or 46); at least one first floss string (28 and/or 48) positioned to extend from said first positioner arm to said second positioner arm of at least one said first string positioner; said headstock allowing at least one said first string positioner to position said first string in a first string position in parallel to or at an angle to said major tool axis (28 is parallel to said major tool axis and 48 is at an angle to said major tool axis); said the headstock allowing for tool adjustment to allow at least one said first string positioner to position said first floss string in a second string position in parallel to or at an angle to said major tool axis without relocating said first string positioner to a different location on said headstock, where said first string position being different from said second string position relative to said major tool axis (first string 28 is parallel to said major tool axis and first string 48 is at an angle to said major tool axis, meaning one first string positioner provides said first string parallel to the major tool axis and one first string positioner provides said first string at an angle to the major tool axis, where this is achieved without relocation of the positioner on the headstock).
Regarding claim 3, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claim 1, Mowell et al. further disclose said at least one string positioner (14) being removable and replaceable to a locked angle relative to said major tool axis by said headstock (Refer to Figure 2).
Regarding claim 13, Mowell et al. disclose an adjustable flossing tool comprising: a tool body (22) having a major tool axis (axis between tip of 22 and opposing end of 22 near 24), said tool body having a first distal tool end (end of 22 before and near 22b,24) and a headstock (32 and portion below 24,26 from which 24,26 extend) positioned at or near said first distal tool end; a first string positioner (24,26) and a second string positioner (14) positioned on said flossing tool, each said first string positioner and said second string positioner having a first positioner arm (24,44) and a second positioner arm (26,46), at least one of said first string positioner and said second string positioner being positioned on said headstock; each of said first string positioner and said second string positioner having at least one first floss string (28,48) positioned to extend from said first positioner arm to said second positioner arm; said headstock allowing at least one of said first string positioner and said second string positioner to position a said first string at a first string position in parallel to said major tool axis (headstock allows first string positioner to position the first string at a first string position which is parallel to major tool axis); and said headstock allowing for tool adjustment to allow at least one said first string positioner and said at least one second string positioner to position a said first floss string at a second string position in at an angle to said major tool axis without relocating said first string positioner or said second string positioner to different locations on said headstock (headstock allows second string positioner to position first floss string 48 at a second string position which is at an angle to the major tool axis without relocation); and said first string position being different from said second string position (first string 28 extends parallel to major tool axis while second string 48 extends at an angle relative to major tool axis) relative to said major tool axis (Refer top Figures 1-7).
Regarding claim 26, Mowell et al. disclose an adjustable flossing tool comprising: a tool body (22) having a major tool axis (axis between tip of 22 and opposing end of 22 near 24), said tool body having a first distal tool end (end of 22 near 24) and a headstock (32 and portion below 24,26 from which 24,26 extend) positioned at or near said first distal tool end; at least one first string positioner (24,26) and at least one second string positioner (14) positioned on said flossing tool, each said at least one first string positioner and said at least one second string positioner having a first positioner arm (24,44) and a second positioner arm (26, 46), at least one of said first string positioner and said second string positioner being positioned on said headstock, at least one of said first string positioner and said second string positioner being removable from said flossing tool and replaceable with another said at least one said first string positioner or said at least one second string positioner (second string positioner 14 is removable and fully capable of being replaced with another second string positioner, Refer to paragraphs 0014 and 0017 describing connection elements 30 and 50 which fit together to fasten 14 to the flossing tool, where this connection permits disengagement and replacement); each of said at least one first string positioner and at least one said second string positioner having at least one first floss string (28, 48) positioned to extend from said first positioner arm to said second positioner arm; said headstock allowing at least one of said first string positioner and said second string positioner to position a said first string at a first string position in parallel to or at an angle to said major tool axis (first positioner string provides first string 28 at a first string position which is parallel to the major tool axis), said flossing tool allowing for tool adjustment by allowing removal and replacement of said at least one second string positioner (14) to allow said second string positioner to position at least one said first floss string (48) at a second string position at an angle to said major tool axis (Refer to Figures 2and 3) without relocating said first string positioner or said second string positioner to different locations on said headstock (headstock allows second string positioner to position first floss string 48 at a second string position which is at an angle to the major tool axis without relocation); and said first string position being different from said second string position (first string 28 extends parallel to major tool axis while second string 48 extends at an angle relative to major tool axis) relative to said major tool axis (Refer to Figures 1-7).
Claims 1, 3, 4, 7, 10-13, 15-17, 20, 23-27, 30 and 33-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Sahoo (US 20130220356).
Regarding claim 1, Sahoo discloses an adjustable flossing tool (Refer to Figures 1-23) comprising: a tool body (105, 105A,105B) having a major tool axis (see annotated Figure below), said tool body having a first distal tool end (end near 100, 100A, 100B) and a headstock (100,100A,100B) positioned at or near said first distal tool end; at least one first string positioner (one or more of 115) positioned on said headstock, said first string positioner having a first positioner arm (one of 111) and a second positioner arm (other of 111); at least one first floss string (112) positioned to extend from said first positioner arm to said second positioner arm of at least one said first string positioner; said headstock allowing at least one said first string positioner to position said first string in a first string position in parallel to or at an angle to said major tool axis (one of the first string positioners disposed parallel to or at an angle), said headstock allowing for tool adjustment to allow at least one said first string positioner (another of the first string positioners disposed parallel to or at an angle) to position said first floss string in a second string position in parallel to or at an angle to said major tool axis without relocating said first string positioner to a different location on said headstock; and said first string position being different from said second string position relative to said major tool axis. As best shown in Figures 3b-8 and 17-19, the various string positioners are provided at different positions and angles relative to the major tool axis, thus permitting a first string on a string positioner to occupy a position that is parallel to major tool axis and another first string on another string positioner to occupy a position that is at an angle relative to the major tool axis.
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Regarding claim 13, Sahoo discloses an adjustable flossing tool (Refer to Figures 1-23) comprising: a tool body (105, 105A,105B) having a major tool axis (see annotated Figure above), said tool body having a first distal tool end (end near 100, 100A, 100B) and a headstock (100,100A,100B) positioned at or near said first distal tool end; a first string positioner (one of 115) and a second string positioner (another of 115) positioned on said flossing tool, each said first string positioner and said second string positioner having a first positioner arm (one of 111) and a second positioner arm (other of 111), at least one of said first string positioner and said second string positioner being positioned on said headstock; each said first string positioner and said second string positioner having at least one first floss string (112) positioned to extend from said first positioner arm to said second positioner arm; said headstock allowing at least one said first string positioner and said second string positioner to position said first string in parallel to or at an angle to said major tool axis (one of 115 positioned parallel to or at an angle), said headstock allowing for tool adjustment to allow at least one said first string positioner and at least one second string positioner (another of 115 positioned parallel to or an at angle) to position said first floss string at a second position in parallel to or at an angle to said major tool axis; and said first string position being different from said second string position relative to said major tool axis. As best shown in Figures 3b-8 and 17-19, the various string positioners are provided at different positions and angles relative to the major tool axis, thus permitting a first string on a string positioner to occupy a position that is parallel to major tool axis and another first string on another string positioner to occupy a position that is at an angle relative to the major tool axis.
Regarding claim 26, Sahoo discloses an adjustable flossing tool (Refer to Figures 1-23) comprising: a tool body (105, 105A,105B) having a major tool axis (see annotated Figure above), said tool body having a first distal tool end (end near 100, 100A, 100B) and a headstock (100,100A,100B) positioned at or near said first distal tool end; at least one a first string positioner (one or more of 115) and at least one a second string positioner (other one or more of 115) positioned on said flossing tool, each said at least one first string positioner and said at least one second string positioner having a first positioner arm (one of 111) and a second positioner arm (other of 111), at least one of said first string positioner and said second string positioner being positioned on said headstock, at least one of said first string positioner and said second string positioner being removable from said flossing tool and replaceable with another said at least one said first string positioner or said at least one second string positioner (one or more of 115 and other one or more of 115 are removable and replaceable); each of said at least one first string positioner and said at least one second string positioner having at least one first floss string (112) positioned to extend from said first positioner arm to said second positioner arm; said headstock allowing at least one said first string positioner and said second string positioner to position a said first string in parallel to or at an angle to said major tool axis (one or more of 115 in parallel or at an angle), said flossing tool allowing for tool adjustment by allowing removal and replacement of said at least one first string positioner or said at least one second string positioner to allow at least one said first string at a second string position parallel to or at an angle to said major tool axis without relocating said first string positioner or said second string positioner to different locations on said headstock (another one or more of 115 in parallel or at an angle); and said first string position being different from said second string position relative to said major tool axis. As best shown in Figures 3b-8 and 17-19 and annotated Figure above, the string positioners may be removably positioned at various positions and angles relative to the major tool axis. One or more of the string positioners are disposed in parallel to or at angle and another one or more of the string positioners are disposed in parallel to or at angle, where their respective first strings are positioned differently relative to the major tool axis.
Regarding claim 3, Sahoo discloses the flossing tool of claim 1 above, further comprising said at least one first string positioner being removable and replaceable to a locked angle relative to said major tool axis by said headstock (Figures 3b-8 and 17-19, annotated Figure above and paragraphs 0058, 0061 and 0078, which depict and explain that the string positioners are insertable and slidable along the headstock such that the user can remove and replace string positioners as desired and the string positioners are locked in place at a desired angle).
Regarding claim 4, Sahoo discloses the flossing tool of claim 1 above, further comprising at least one second floss string (string disposed on string positioner which is aligned/parallel with first floss string), said at least one second floss string being positioned parallel to at least one first floss string (Refer to Figures 3b-8 and 17-19 and annotated Figure above).
Regarding claims 7, 12, 25, 35, Sahoo discloses the flossing tool of claims 1, 13 and 26 above, further comprising said at least one floss string is connected/attached to said first positioner arm and said second positioner arm with removable/interchangeable string positioner tips (Refer to paragraph 0048).
Regarding claims 10, 23 and 33, Sahoo discloses the flossing tool of claims 1, 13 and 26 above, at least a second string positioner (other of 115) having a second floss string (112) and at least a third string positioner (yet another of 115) having a third floss string (Refer to Figures 3b-8).
Regarding claim 11, Sahoo discloses the flossing tool of claim 1 above, further comprising at least a second string positioner (other of 115) to allow said flossing tool to simultaneously floss multiple teeth (Refer to Figures 3b-8).
Regarding claim 15, Sahoo discloses the flossing tool of claim 13 above, further comprising said first string positioner and said second string positioner being removable and replaceable to a locked angle relative to said major tool axis by said headstock (Figures 3b-8 and 17-19, annotated Figure above and paragraphs 0058, 0061 and 0078, which depict and explain that the string positioners are insertable and slidable along the headstock such that the user can remove and replace string positioners as desired and the string positioners are locked in place at a desired angle).
Regarding claims 17 and 27, Sahoo discloses the flossing tool of claims 13 and 26, further comprising said first string positioner and said second string positioner allowing said floss string to be positioned approximately perpendicularly (Refer to annotated Figure above).
Regarding claims 20 and 30, Sahoo discloses the flossing tool of claims 13 and 26 above, wherein at least one said first floss string is braided (Refer to paragraph 0004).
Regarding claims 24 and 34, Sahoo discloses the flossing tool of claims 13 and 26 above, wherein said first string positioner and said second string positioner are positioned to allow said flossing tool to simultaneously floss multiple teeth (Refer to Figures 3b-8).
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al.
Regarding claim 15, Mowell et al. disclose the flossing tool of claim 13 where said second string positioner being removable and replaceable to a locked angle relative to said major tool axis by said headstock (second string positioner 14 is removable and capable of being replaced, Refer to Figure 2). Mowell et al. depict the first positioner string being integral with the headstock. Although Mowell et al. do not disclose the first string portioner being removable and replaceable to a locked angle as claimed, it is well-known and obvious to one of ordinary skill in the art that integral structures can be made separable and vice versa. 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 first string positioner of Mowell et al. to be detachable instead of integral, since it had been held that constructing a formerly integral structure in various elements involves only routine skill. MPEP 2144.04 V. C.
Claims 4, 16, 18 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al. and Rau (US 20090188522).
Regarding claims 4, 16, 18 and 28, Mowell et al. disclose the flossing tool of claims 1, 13 and 26 above; however, Mowell et al. do not disclose said first string positioner and said second string positioner each having at least one second floss string, each said second floss string being positioned parallel to each said first floss string. Although Mowell et al. only provide a single floss string between the arms of the first and second string positioners, it is well known and conventional in the art for flossers to provide multiple floss strings in parallel as demonstrated by Rau (Refer to Figures 2-6). Rau provides a flosser with a first floss string (2a) between the arms and at least one second floss string (2b, 2c, 2d) positioned parallel to the first floss string (2a) where plural floss strings “provide a larger contact area and facilitate the removal of trapped particles between the teeth” (Refer to paragraph 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that at least one second floss string be provided on the first and second floss string positioners in parallel with the first floss string, as taught by Rau in order to increase the contact area between the floss and teeth/gums to facilitate removal of trapped particles and enhance cleaning.
Claims 5, 19 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al. and Barrie (US 20080314406).
Regarding claims 5, 19 and 29, Mowell et al. disclose the flossing tool of claims 1, 13 and 26 above; however, Mowell et al. do not disclose a knot in said at least one first floss string. It is well-known and conventional for dental floss to be provided with knots as demonstrated by Barrie (Refer to Figures 1-4), as such knots assist “in removing plaque, and/or particulates, massaging the gums, and/or delivering substances orally” (Refer to paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that the floss string include a knot(s) as taught by Barrie in order to facilitate removing plaque and/or particulates and massage the gums.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al. and Rau (US 20090188522), as evidenced by Sahoo (US 20130220356).
Regarding claim 6, Mowell et al. discloses the flossing tool of claim 1 above, however, Mowell et al. are silent regarding the floss string being braided and do not disclose providing additional/second floss strings.
Although Mowell et al. only provides a single floss string between the arms of the first and second string positioners, it is well known and conventional in the art for flossers to provide multiple floss strings in parallel as demonstrated by Rau (Refer to Figures 2-6). Rau provides a flosser with a first floss string (2a) between the arms and at least one second floss string (2b, 2c, 2d) positioned parallel to the first floss string (2a) where plural floss strings “provide a larger contact area and facilitate the removal of trapped particles between the teeth” (Refer to paragraph 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that at least one second floss string be provided on the first and second floss string positioners, as taught by Rau in order to increase the contact area between the floss and teeth/gums to facilitate removal of trapped particles and enhance cleaning.
Mowell et al. do not specify the type of floss used, but it is well known and conventional for floss to be braided as demonstrated by Sahoo (Refer to paragraph 0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of Mowell et al. and Rau such that the floss strings be braided as Sahoo demonstrates it is well known and conventional for floss to be braided.
Claims 7, 12, 25, 35 are rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al. and Landis (US 5881745).
Regarding claims 7, 12, 25 and 35, Mowell et al. disclose the flossing tool of claims 1, 13 and 26; however, Mowell et al. do not disclose the floss string being connected/attached to the first and second positioner arms with removable/interchangeable string positioner tips. Mowell teaches the floss string is preferably secured between the arms via molding. Landis discloses a flossing tool (Refer to Figures 1-18) where floss (18) extends between arms (14a,14b). Landis teaches the floss may be permanently affixed to the arms during manufacturing such as during an injection molding process, such that the device be of single-use/disposable (Refer to col. 3 line 67, col. 4 lines 1-7) or “other means for supporting dental floss 18” “are also contemplated” where these alternatives attachment mends provide for removal and replacement of the dental floss 18, thus rendering apparatus 10 reusable” (Refer to col. 4 lines 23-26). When the floss is detachably connected to the arms, removable/interchangeable string positioner tips (30a,30b; 32a,32b) are provided which engage a corresponding structure in the flossing tool. Thus, because these two floss connection configurations were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an integral connection for a connection using removable/interchangeable string positioner tips; additionally, it had been held that constructing a formerly integral structure in various elements involves only routine skill.
Claims 9, 22 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al. and Jansheski et al. (GB 2467618).
Regarding claims 9, 22 and 32, Mowell et al. disclose the flossing tool of claims 1, 13 and 26 where the tool further comprises a second distal tool end (22a); however, Mowell et al. do not provide a gum brush at the second distal tool end. Mowell et al. teach the second distal tool end is provided with an interproximal cleaning pick. It is conventional in the art for such picks to include bristles, as demonstrated by Jansheski et al. (Refer to interproximal brush 26 of Figures 1, 2 and 5). The flossing tool of Jansheski et al. provide a tapering second distal end similar to that of Mowell et al. but Jansheski et al. include bristles to form an interproximal/gum brush. Jansheski et al. explain that the brush is preferably a softer material than the tool body; this protects the gums from injury when inserting the tapered pick/brush between the teeth and gums. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that the interproximal pick at the second distal tool end include bristles, therefore forming a gum brush, as Jansheski et al. demonstrate this configuration is well-known and conventional and providing bristles on such interproximal picks allows the pick/brush to be softer and prevent injury to the gums while also providing additional cleaning elements (bristles) which assist in cleaning the interproximal space and gums.
Claims 20 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Mowell et al. as evidenced by Sahoo (US 20130220356).
Regarding claims 20 and 30, Mowell et al. discloses the flossing tool of claims 13 and 26 above; however, Mowell et al. is silent regarding the type of floss string provided and therefore does not disclose the floss string being braided. Sahoo discloses a flossing tool (Refer to Figures 1-26) where floss is provided between two arms. Sahoo explains floss may be waxed or unwaxed, woven or unwoven, or braided (Refer to paragraph 0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that the floss be braided as Sahoo demonstrates it is well known and conventional for floss to be braided.
Claims 1, 3, 13, 15 and 26 are rejected under 35 U.S.C. 103(a) as being unpatentable over Mowell et al. (US 20120234350) and Lui et al. (US 20070157946).
Regarding claim 1, Mowell discloses an adjustable flossing tool (Refer to Figures 1-7) comprising: a tool body (22) having a major tool axis (axis between tip of 22 and opposing end of 22 near 24), said tool body having a first distal tool end (end of 22 before and near 24,22b) and a headstock (32 and portion below 24,26 from which 24,26 extend) positioned at or near said first distal tool end; at least one first string positioner (24,26 and/or 14) positioned on said headstock, said first string positioner having a first positioner arm (24 and/or 44) and a second positioner arm (26 and/or 46); at least one first floss string (28 and/or 48) positioned to extend from said first positioner arm to said second positioner arm of at least one said first string positioner; said headstock allowing at least one said first string positioner to position said first string in a first string position in parallel to or at an angle to said major tool axis (28 is parallel to said major tool axis); however, Mowell et al. do not disclose the headstock allowing for tool adjustment to allow at least one said first string positioner to position said first floss string in a second string position in parallel to or at an angle to said major tool axis without relocating said first string positioner to a different location on said headstock, where said first string position being different from said second string position relative to said major tool axis.
Lui et al. disclose a similar flossing tool having a tool body (1,2,3), a headstock (portion between straight portions defining arms 4 and before 3), a first string positioner (both straight portions of 4) having first and second arms (straight portions of 4) and a floss string (5) extending between the first and second arms (Refer to Figures 1A-11B). Lui et al. teach a living hinge (flexible elbow 3) is provided in the handle and allows for the first string positioner and headstock to pivot, which allows a user to establish different angular positions between the first string positioner and the major tool axis “into a configuration that best suits their particular needs” and allows a user to “comfortably maneuver the apparatus to properly floss the teeth or stimulate the gums” (Refer to Abstract, Figures 2A, 11A and 11B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that the device provide a hinge which permits the least one said first string positioner to position said first floss string in a second string position at an angle to said major tool axis without relocating said first string positioner to a different location on said headstock, and said first string position being different from said second string position relative to said major tool axis as taught by Lui et al. in order to allow a user to adjust the device for comfortable use and effective cleaning or stimulating based on their preferences and needs.
Regarding claim 3, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claim 1, Mowell et al. further disclose said at least one string positioner (14) being removable and replaceable to a locked angle relative to said major tool axis by said headstock (Refer to Figure 2).
Regarding claim 13, Mowell et al. disclose an adjustable flossing tool (Refer to Figures 1-7) comprising: a tool body (22) having a major tool axis (axis between tip of 22 and opposing end of 22 near 24), said tool body having a first distal tool end (end of 22 before and near 22b,24) and a headstock (32 and portion below 24,26 from which 24,26 extend) positioned at or near said first distal tool end; a first string positioner (24,26) and a second string positioner (14) positioned on said flossing tool, each said first string positioner and said second string positioner having a first positioner arm (24,44) and a second positioner arm (26,46), at least one of said first string positioner and said second string positioner being positioned on said headstock; each of said first string positioner and said second string positioner having at least one first floss string (28,48) positioned to extend from said first positioner arm to said second positioner arm; said headstock allowing at least one of said first string positioner and said second string positioner to position a said first string at a first string position in parallel or at an angle to said major tool axis (headstock allows first string positioner to position the first string at a first string position which is parallel to major tool axis and to position the first string of the second string positioner at an angle relative to major tool axis); however, Mowell et al. do not disclose the headstock allowing for tool adjustment to allow said first string positioner and said second string positioner to position said first floss string at a second string position in parallel to or at an angle to said major tool axis without relocating said first string positioner to a different location on said headstock, where said first string position being different from said second string position relative to said major tool axis.
Lui et al. disclose a similar flossing tool having a tool body (1,2,3), a headstock (portion between straight portions defining arms 4 and before 3), a first string positioner (both straight portions of 4) having first and second arms (straight portions of 4) and a floss string (5) extending between the first and second arms (Refer to Figures 1A-11B). Lui et al. teach a living hinge (flexible elbow 3) is provided in the handle and allows for the first string positioner and headstock to pivot, which allows a user to establish different angular positions between the first string positioner and the major tool axis “into a configuration that best suits their particular needs” and allows a user to “comfortably maneuver the apparatus to properly floss the teeth or stimulate the gums” (Refer to Abstract, Figures 2A, 11A and 11B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that the device provide a hinge which permits the first and second string positioner to position said first floss string in a second string position parallel to or at an angle to said major tool axis without relocating said first string positioner to a different location on said headstock, and said first string position being different from said second string position relative to said major tool axis as taught by Lui et al. in order to allow a user to adjust the device for comfortable use and effective cleaning or stimulating based on their preferences and needs.
Regarding claim 15, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claim 13, Mowell further discloses said second string positioner being removable and replaceable to a locked angle relative to said major tool axis by said headstock (second string positioner 14 is removable and capable of being replaced, Refer to Figure 2). Mowell et al. depict the first positioner string being integral with the headstock. Although Mowell et al. do not disclose the first string portioner being removable and replaceable to a locked angle as claimed, it is well-known and obvious to one of ordinary skill in the art that integral structures can be made separable and vice versa. 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 first string positioner of Mowell et al. to be detachable instead of integral, since it had been held that constructing a formerly integral structure in various elements involves only routine skill. MPEP 2144.04 V. C.
Regarding claim 17, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claim 13 above, where said first string positioner and said second sting positioner allow said floss string to be positioned approximately perpendicular.
Regarding claim 27, Mowell et al. disclose the flossing tool of claim 26 above; however, Mowell et al. do not disclose at least one of said first string positioner and said second sting positioner allowing said floss string to be positioned approximately perpendicular. Lui et al. disclose a similar flossing tool having a tool body (1,2,3), a headstock (portion between straight portions defining arms 4 and before 3), a string positioner (both straight portions of 4) having first and second arms (straight portions of 4) and a floss string (5) extending between the first and second arms (Refer to Figures 1A-11B). Lui et al. teach a living hinge (flexible elbow 3) is provided in the handle and allows for the string positioner and headstock to pivot, which allows a user to establish different angular positions, including approximately perpendicular positions, between the string positioners and the major tool axis “into a configuration that best suits their particular needs” and allows a user to “comfortably maneuver the apparatus to properly floss the teeth or stimulate the gums” (Refer to Abstract, Figures 2A, 11A and 11B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Mowell et al. such that the device provide a hinge which permits the string positioner(s) to position said floss string approximately perpendicularly as taught by Lui et al. in order to allow a user to adjust the device for comfortable use and effective cleaning or stimulating based on their preferences and needs.
Claims 4, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mowell et al. and Lui et al. as applied to claims 1 and 13 above and further in view of Rau (US 20090188522).
Regarding claims 4, 16 and 18, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claims 1 and 13 above; however, the combination does not disclose said first string positioner and said second string positioner each having at least one second floss string, each said second floss string being positioned parallel to each said first floss string. Although Mowell et al. only provide a single floss string between the arms of the first and second string positioners, it is well known and conventional in the art for flossers to provide multiple floss strings in parallel as demonstrated by Rau (Refer to Figures 2-6). Rau provides a flosser with a first floss string (2a) between the arms and at least one second floss string (2b, 2c, 2d) positioned parallel to the first floss string (2a) where plural floss strings “provide a larger contact area and facilitate the removal of trapped particles between the teeth” (Refer to paragraph 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of Mowell et al. and Lui et al. such that at least one second floss string be provided on the first and second floss string positioners in parallel with the first floss string, as taught by Rau in order to increase the contact area between the floss and teeth/gums to facilitate removal of trapped particles and enhance cleaning.
Claims 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mowell et al. and Lui et al. as applied to claims 1 and 13 above, and further in view of Barrie (US 20080314406).
Regarding claims 5 and 19, Mowell et al. disclose the flossing tool of claims 1 and 13 above; however, Mowell et al. do not disclose a knot in said at least one first floss string. It is well-known and conventional for dental floss to be provided with knots as demonstrated by Barrie (Refer to Figures 1-4), as such knots assist “in removing plaque, and/or particulates, massaging the gums, and/or delivering substances orally” (Refer to paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of Mowell et al. and Lui et al. such that the floss string include a knot(s) as taught by Barrie in order to facilitate removing plaque and/or particulates and massage the gums.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mowell et al. and Lui et al. as applied to claim 1 above, and further in view of Rau (US 20090188522) and as evidenced by Sahoo (US 20130220356).
Regarding claim 6, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claim 1 above, however, the combination is silent regarding the floss string being braided and do not disclose providing additional/second floss strings.
Although Mowell et al. only provides a single floss string between the arms of the first and second string positioners, it is well known and conventional in the art for flossers to provide multiple floss strings in parallel as demonstrated by Rau (Refer to Figures 2-6). Rau provides a flosser with a first floss string (2a) between the arms and at least one second floss string (2b, 2c, 2d) positioned parallel to the first floss string (2a) where plural floss strings “provide a larger contact area and facilitate the removal of trapped particles between the teeth” (Refer to paragraph 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of Mowell et al. and Lui et al. such that at least one second floss string be provided on the first and second floss string positioners, as taught by Rau in order to increase the contact area between the floss and teeth/gums to facilitate removal of trapped particles and enhance cleaning.
Mowell et al. do not specify the type of floss used, but it is well known and conventional for floss to be braided as demonstrated by Sahoo (Refer to paragraph 0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of the combination of Mowell et al., Lui et al. and Rau such that the floss strings be braided as Sahoo demonstrates it is well known and conventional for floss to be braided.
Claims 7, 12 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mowell et al. and Lui et al. as applied to claims 1 and 13 above, and further in view of Landis (US 5881745).
Regarding claims 7, 12 and 25, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claims 1 and 13; however, the combination does not disclose the floss string being connected/attached to the first and second positioner arms with removable/interchangeable string positioner tips. Mowell teaches the floss string is preferably secured between the arms via molding. Landis discloses a flossing tool (Refer to Figures 1-18) where floss (18) extends between arms (14a,14b). Landis teaches the floss may be permanently affixed to the arms during manufacturing such as during an injection molding process, such that the device be of single-use/disposable (Refer to col. 3 line 67, col. 4 lines 1-7) or “other means for supporting dental floss 18” “are also contemplated” where these alternatives attachment mends provide for removal and replacement of the dental floss 18, thus rendering apparatus 10 reusable” (Refer to col. 4 lines 23-26). When the floss is detachably connected to the arms, removable/interchangeable string positioner tips (30a,30b; 32a,32b) are provided which engage a corresponding structure in the flossing tool. Thus, because these two floss connection configurations were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an integral connection for a connection using removable/interchangeable string positioner tips; additionally, it had been held that constructing a formerly integral structure in various elements involves only routine skill.
Claims 9, 22 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mowell et al. and Lui et al. as applied to claims 1 and 13 above, and further in view of Jansheski et al. (GB 2467618).
Regarding claims 9, 22 and 32, the combination of Mowell et al. and Lui et al. disclose the flossing tool of claims 1 and 13, Mowell et al. further disclose the tool further comprises a second distal tool end (22a); however, Mowell et al. do not provide a gum brush at the second distal tool end. Mowell et al. teach the second distal tool end is provided with an interproximal cleaning pick. It is conventional in the art for such picks to include bristles, as demonstrated by Jansheski et al. (Refer to interproximal brush 26 of Figures 1, 2 and 5). The flossing tool of Jansheski et al. provide a tapering second distal end similar to that of Mowell et al. but Jansheski et al. include bristles to form an interproximal/gum brush. Jansheski et al. explain that the brush is preferably a softer material than the tool body; this protects the gums from injury when inserting the tapered pick/brush between the teeth and gums. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of Mowell et al. and Lui et al. such that the interproximal pick at the second distal tool end include bristles, therefore forming a gum brush, as Jansheski et al. demonstrate this configuration is well-known and conventional and providing bristles on such interproximal picks allows the pick/brush to be softer and prevent injury to the gums while also providing additional cleaning elements (bristles) which assist in cleaning the interproximal space and gums.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mowell et al. and Lui et al. as applied to claim 13 above, and further as evidenced by Sahoo (US 20130220356).
Regarding claim 20, the combination of Mowell et al. and Lui et al. discloses the flossing tool of claim 13 above; however, the combination is silent regarding the type of floss string provided and therefore does not disclose the floss string being braided. Sahoo discloses a flossing tool (Refer to Figures 1-26) where floss is provided between two arms. Sahoo explains floss may be waxed or unwaxed, woven or unwoven, or braided (Refer to paragraph 0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of the combination of Mowell et al. and Lui et al. such that the floss be braided as Sahoo demonstrates it is well known and conventional for floss to be braided.
Claims 4, 6, 16, 18 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Sahoo and Rau (US 20090188522).
Regarding claims 4, 16, 18 and 28, Sahoo discloses the flossing tool of claims 1, 13 and 26 above; however, Sahoo does not disclose said first string positioner and said string positioner each having at least one second floss string, each said second floss string being positioned parallel to each said first floss string. Although Sahoo only provides a single floss string between the arms of the first and second string positioners, it is well known and conventional in the art for flossers to provide multiple floss strings in parallel as demonstrated by Rau (Refer to Figures 2-6). Rau provides a flosser with a first floss string (2a) between the arms and at least one second floss string (2b, 2c, 2d) positioned parallel to the first floss string (2a) where plural floss strings “provide a larger contact area and facilitate the removal of trapped particles between the teeth” (Refer to paragraph 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Sahoo such that at least one second floss string be provided on the first and second floss string positioners in parallel with the first floss string, as taught by Rau in order to increase the contact area between the floss and teeth/gums to facilitate removal of trapped particles and enhance cleaning.
Regarding claim 6, Sahoo discloses the flossing tool of claim 1 above, wherein said at least one first floss string is braided (Refer to paragraph 0004); however, Sahoo does not disclose providing additional/second floss strings. Although Sahoo only provides a single floss string between the arms of the first and second string positioners, it is well known and conventional in the art for flossers to provide multiple floss strings in parallel as demonstrated by Rau (Refer to Figures 2-6). Rau provides a flosser with a first floss string (2a) between the arms and at least one second floss string (2b, 2c, 2d) positioned parallel to the first floss string (2a) where plural floss strings “provide a larger contact area and facilitate the removal of trapped particles between the teeth” (Refer to paragraph 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Sahoo such that at least one second floss string be provided on the first and second floss string positioners, as taught by Rau in order to increase the contact area between the floss and teeth/gums to facilitate removal of trapped particles and enhance cleaning.
Claims 5, 19 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Sahoo as evidenced by Barrie (US 20080314406).
Regarding claims 5, 19 and 29, Sahoo discloses the flossing tool of claims 1, 13 and 26 above; however, Sahoo does not disclose a knot in said at least one first floss string. It is well-known and conventional for dental floss to be provided with knots as demonstrated by Barrie (Refer to Figures 1-4), as such knots assist “in removing plaque, and/or particulates, massaging the gums, and/or delivering substances orally” (Refer to paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flossing tool of Sahoo such that the floss string include a knot(s) as taught by Barrie in order to facilitate removing plaque and/or particulates and massage the gums.
Response to Arguments
Applicant's arguments filed 9/23/2025 have been fully considered but they are not persuasive.
Argument: Sahoo requires string positioner relocation to adjust the angle between the floss string and the major tool axis while Applicant’s invention does not. Therefore, Sahoo does not anticipate claims 1, 13 and 26 as amended (“without relocating….”).
Response: Claim 1 does not require the same first string be moved or adjusted in position without relocating. Instead, claim 1 recites “at least one first floss stringer” having a first positioner arm and a second positioner arm, and “at least one first floss string positioned to extend from said first positioner arm to said second positioner arm”, where the headstocks allows “at least one said first string positioner” to have said first string in parallel or at an angle establishing a first string position and to allow “at least one said first string positioner” to position said first floss string in a second string position in parallel or at an angle. Thus, the claim allows on string positioner to establish the first position and another string positioner to establish the second position, which occurs without relocation. Sahoo anticipated claim 1. Claim 13 is similar to claim 1 and is also anticipated.
Claim 26 requires at least one of the first and second string positioners be removable and replaceable to allow at least one of the first and second string positioners to position at least one first floss string at a second string position in parallel or at an angle without relocating which is provided by Sahoo. One string positioner establishes the first string position in parallel or at an angle and another string positioner establishes the second string position in parallel or at an angle. All of the positioners are removable and relocation is not necessary to establish the different string positions.
Applicant does not explain how the instant invention provides the claimed combination of features. Given Applicant’s election in response to restriction, it is believed the instant claims are attempting to recite the embodiment of Figures 12A and 12B, where a pivot/hinge (86,88) is provided in the tool body. However, the claims do not recite such a pivot/hinge.
Argument: Regarding claims 3 and 15, the positioners of Sahoo can only be locked in place by moving/relocating. Adjustment of this angle is not due to replacement or rotation of the floss string at the same location.
Response: The floss positioners of Sahoo need to be connected to the headstock first and this placement is simply assembling the invention. Once the desired configuration (number and placement of positioners) is achieved the positioners are locked/fixed in place and the device is ready for use. The claims do not require removing and replacing the positioner(s) achieves the first and second string positions. Rotation is never mentioned in the claim.
Argument: Mowell et al. does not disclose the relative positioning between the first and second floss strings is adjustable to any other relative position.
Response: The claims do not recite the argued limitation. Mowell et al. anticipate claims 1, 13 and 26 as Mowell et al. disclose first string 28 is parallel to said major tool axis and first string 48 is at an angle to said major tool axis, meaning one string positioner provides said first string parallel to the major tool axis and one string positioner provides said first string at an angle to the major tool axis, where this is achieved without relocation of the positioner on the headstock.
A secondary ground of rejection is provided above in effort to cover what is believed to have been Applicant’s intention when amending the claims, where Mowell et al. is modified to provide a hinge to permit adjustment of the position of the floss string.
Argument: With regard to claims 7, 12, 25 and 35, Applicant’s stringer positioner tips include a suspension cap (80) having a locking hole (82) that engages and locks on to a corresponding peg (78i) on each of the first and second positioning arms (58i and 60i). This construction falls within the definition of the word tip (“the usually pointed end of something” or “a small piece or part serving as an end, cap or point”). The construction of Landis does not fall within the definition of “tip” nor its functional equivalents. Mowell and Landis do not provide strong positioner tip constructions that anticipate Applicant’s removable string positioner tips.
Response: The claims do not recite a suspension cap, locking hole or peg and any comments with respect thereto are moot. Instead, the claims require at least one floss string be connected to the first and second positioner arms with removable/interchangeable string positioner tips. Landis does provide tips in agreement with the standard meaning of the word and the tips are removable and interchangeable from the flosser. The string of floss of Landis includes elements 30a, 30b, 32a, 32b which detachably engage with the device such that the floss string extends between the two arms as required by the claim. The positioner tips and floss string therebetween are removable and interchangeable.
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.
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799