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 .
Status of Claims
This action is in reply to the Amendments/Response filed on December 03. 2025. Claim(s) 19-20 been amended. Claims 21-27 have been added. Claim(s) 4-9 and 13 have been cancelled. Claims 1-3, 10-12, and 14-27 are currently pending and have been examined.
Response to Amendments
The examiner fully acknowledges the amendments to claims 19-20 filed on December 03. 2025. The amendments addressed the limitations incurring the 112(a) written description, and as a result, the rejection has been withdrawn.
Response to Arguments
The applicant’s arguments, see pages 7-8, filed December 03, 2025 have been fully considered.
103 Rejection: The applicant’s arguments have been found persuasive. The rejection in view of Weihrauch has been withdrawn.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10, 12, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams (US Patent No. 4493126).
In regards to claim 10, Williams discloses
a bristle comprising:
a body extending along a longitudinal axis from a proximal end to a distal end (see exemplary fig. 8),
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the body comprising:
a first axial portion (area corresponding to section of fig. 29) comprising
a first transverse cross-sectional profile (see fig. 29) having
a perimeter defined by a first concave section (see fig. 29 – ann. 1) and
a second concave section (see fig. 29 – ann. 1) that intersect to form a first apex (see fig. 29 – ann. 1),
a third concave section (see fig. 29 – ann. 1) and a fourth concave section (see fig. 29 – ann. 1) that intersect to form a second apex (see fig. 29 – ann. 1),
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a first convex section extending between the first and third concave sections (see fig. 29 – ann. 2), and a second convex section extending between the second and fourth concave sections (see fig. 29 – ann. 2);
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wherein the portion of the perimeter defined by the first and second convex sections is greater than the portion of the perimeter defined by the first, second, third, and fourth concave sections (see fig. 29 – ann. 3).
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Examiner’s Note: While Williams fails to disclose being intended “for an oral care implement”, it is understood that the term “for an oral care implement” is a term of intended use, see MPEP 2144-II. However, as Williams discloses a brush, handle, and bristles for scraping, it is hereinafter interpreted to be an “oral care implement”, meeting therefore the claim limitations.
In regards to claim 15, Williams discloses
the bristle according to claim 10 wherein the first apex and the second apex are points (see fig. 29 – ann. 4).
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In regards to claim 16, Williams discloses
the bristle according to claim 15 wherein the first transverse cross-sectional profile comprises a first axis perpendicular to the longitudinal axis, the first apex and the second apex both lying on the first axis (see fig. 29 – ann. 5).
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In regards to claim 17, Williams discloses
the bristle according to claim 10, wherein the wherein the first convex section and the second convex section define a majority of the perimeter of the first transverse cross-sectional profile (see fig. 29 – ann. 6).
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In regards to claim 18, Williams discloses
the bristle according to claim 10 wherein the first convex section and the second convex section each have a convex circumferential length, and
the first concave section, the second concave section, the third concave section, and the fourth concave section each have a concave circumferential length,
the convex circumferential length being greater than the concave circumferential length (as the convex sections of Williams are considered to define a majority of the perimeter, their combined circumferential length would be greater than the combined length of the concave sections).
In regards to claim 19, Williams discloses
the bristle according to claim 10 wherein the first and second concave sections directly intersect to form the first apex and the third and fourth concave sections directly intersect to form the second apex, and wherein the first apex and second apex are points (see fig. 29 – ann. 7).
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In regards to claim 20, Williams discloses
the bristle according to claim 10, wherein only the first apex and the second apex are present on the perimeter (see fig. 29).
Allowable Subject Matter
Claims 11 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regards to claim 11, William discloses
the bristle according to claim 10 wherein the body further comprises, but fails to disclose a second axial portion comprising a second transverse cross-sectional profile having a perimeter defined by a third apex, a fourth apex, a third convex section, and a fourth convex section, the third and fourth convex sections intersecting to form the third and fourth apexes.
The structure of Williams, shown in fig. 29, and other embodiments, pertains directly to the base, scraping structure of the bristles disclosed by Williams. The only area with shape shown in fig. 29 and others is at the bottom. The rest of the bristle is in the shape of a cylindrical shaft. Williams fails to disclose or make obvious changing the shape at a different portion of the cylindrical shaft in order to create a second axial portion with respective apexes, convex, and concave sections.
As claim 14 depends upon claim 11, it would also be considered allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723