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 .
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 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.
Status of Claims
Below is the Final Action on the Merit for claims 1 – 11 and 13 – 22. Claim 12 is cancelled.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 – 3 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2018 047368 A) in view of Discko Jr. et al. (U. S. Patent Publication No. 5,150,495 A).
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Regarding Independent Claim 1, Ito teaches a method for producing an interdental cleaning device (interdental cleaning tool, 1; Fig. 1) comprising a handle element (handle, 10) and a brush element (cleaning part, 20), wherein the handle element (10) is formed from a fibrous material, paper, or cardboard (Paragraph [0019]), and the brush element (20) is connected to the handle element (10; Fig. 1), wherein, for connecting the brush element (20) to the handle element (10), a receiving portion (Annotated Fig. 2) of the handle element (10) is arranged around a connecting portion (Annotated Fig. 2; Paragraph [0036] – integrally formed) of the brush element (20; Paragraph [0012]).
Ito does not explicitly teach the method wherein the handle element having an opening that receives a connecting portion, an adhesive is applied to the connecting portion of the brush element, to the handle element or to both the brush element and the handle element before the brush element is connected to the handle element to form an adhesive bond therebetween; and wherein the connection formed by the adhesive bond between the handle element and the brush element is robust enough that it breaks only under the effect of a pull-out force of greater than 15N.
Discko, however, teaches the handle element (100) having an opening (bore, 102) that receives a connecting portion (104), an adhesive is applied to the connecting portion (104) of the brush element (103; Col. 9, lines 5 – 21), to the handle element (100) or to both the brush element and the handle element before the brush element is connected to the handle element to form an adhesive bond therebetween (Col. 9, lines 5 – 21).
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 method of Ito to further include an adhesive is applied to the connecting portion of the brush element or to the handle element before the brush element is connected to the handle element, as taught by Discko, to provide a device that is easy to manufacture thus saving costs.
Discko does not explicitly teach the connection formed by the adhesive bond between the handle element and the brush element is robust enough that it breaks only under the effect of a pull-out force of greater than 15N.
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 method of Ito to further include the connection formed by the adhesive bond between the handle element and the brush element is robust enough that it breaks only under the effect of a pull-out force of greater than 15N, since it has been held to be within the general skill of a worker in the art to select a known material/adhesive on the basis of its suitability for the intended use (MPEP 2144.07).
Regarding Claim 2, Ito, as modified, teaches the method wherein the brush element (20) comprises a metal material, a plastic material or both metal and plastic material (Paragraph [0019]).
Regarding Claim 3, Ito, as modified, teaches the method wherein the handle element (10) is rod-shaped (Fig. 1) and the receiving portion (Annotated Fig. 2) of the handle element (10) is arranged at a front end of the rod-shaped handle element (10).
Regarding Claim 22, Ito teaches interdental cleaning device (1) having a handle element (10) and a brush element (20), wherein the handle element (10) is formed from a fibrous material, paper, or cardboard (Paragraph [0019]), and the brush element (20) is connected to the handle element (10), wherein a receiving portion (Annotated Fig. 2) of the handle element (10) is arranged around a connecting (Annotated Fig. 2) of the brush element (20).
Ito does not explicitly teach the handle element having an opening that receives a connecting portion, an adhesive is applied to the connecting portion of the brush element, to the handle element or to both the brush element and the handle element before the brush element is connected to the handle element to form an adhesive bond therebetween; and wherein the connection formed by the adhesive bond between the handle element and the brush element is robust enough that it breaks only under the effect of a pull-out force of greater than 15N.
Discko, however, teaches the handle element (100) having an opening (bore, 102) that receives a connecting portion (104), an adhesive is applied to the connecting portion (104) of the brush element (103; Col. 9, lines 5 – 21), to the handle element (100) or to both the brush element and the handle element before the brush element is connected to the handle element to form an adhesive bond therebetween (Col. 9, lines 5 – 21).
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 method of Ito to further include an adhesive is applied to the connecting portion of the brush element or to the handle element before the brush element is connected to the handle element, as taught by Discko, to provide a device that is easy to manufacture thus saving costs.
Claim 4 – 11 and 17 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2018 047368 A) in view of Discko Jr. et al. (U. S. Patent Publication No. 5,150,495 A) and Amron (U. S. Patent Publication No. 2015/0297326 A1).
Regarding Claim 4, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach wherein the fibrous or the paper is rolled to form the handle element.
Amron, however, teaches wherein the fibrous or the paper is rolled (Paragraph [0031]) to form the handle element (handles, 120; Fig. 1).
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 method of Ito to further include the fibrous or the paper is rolled to form the handle element, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 5, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach simultaneously forming the handle element and the receiving portion of the handle element, the fibrous material of the handle element is rolled or wound around a winding shaft, or a virtual winding shaft, in such a manner that a cavity is formed along the winding shaft.
Amron, however, teaches simultaneously forming the handle element and the receiving portion of the handle element, the fibrous material of the handle element is rolled or wound around a winding shaft, or a virtual winding shaft, in such a manner that a cavity is formed along the winding shaft (Paragraphs [0004] and [0036]).
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 method of Ito to further include simultaneously forming the handle element and the receiving portion of the handle element, the fibrous material of the handle element is rolled or wound around a winding shaft, or a virtual winding shaft, in such a manner that a cavity is formed along the winding shaft, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 6, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the handle element is produced by drilling before the brush element is connected to the handle element.
Amron, however, teaches the handle element (120) is produced by drilling before the brush element (110) is connected to the handle element (Paragraph [0038]).
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 method of Ito to further include simultaneously forming the handle element and the receiving portion of the handle element, the fibrous material of the handle element is rolled or wound around a winding shaft, or a virtual winding shaft, in such a manner that a cavity is formed along the winding shaft, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 7, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the receiving portion of the handle element is produced by pushing in a mandrel before the brush element is connected to the handle element.
Amron, however, teaches the handle element is produced by pushing in a mandrel (bit of drill) before the brush element (110) is connected to the handle element (120; Paragraph [0038]).
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 method of Ito to further include the receiving portion of the handle element is produced by pushing in a mandrel before the brush element is connected to the handle element, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 8, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the connecting of the brush element to the handle element, the receiving portion of the handle element is produced by pushing the connecting portion of the brush element into the handle element.
Amron, however, teaches the connecting of the brush element (110) to the handle element (120), the receiving portion of the handle element is produced by pushing the connecting portion of the brush element (110) into the handle element (120; via drill; Paragraph [0038]).
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 method of Ito to further include the connecting of the brush element to the handle element, the receiving portion of the handle element is produced by pushing the connecting portion of the brush element into the handle element, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 9, Ito, as modified, teaches the method of claim 7 as discussed above.
Ito as modified by Amron teaches the fibrous material having a water content as all items have a water content but the references fail to explicitly teach during the pushing in of the mandrel or of the connecting portion of the brush element, the handle element has a water content of greater than 15%, or greater than 20%, or greater than 30%.
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 method of Ito to further include during the pushing in of the mandrel or of the connecting portion of the brush element, the handle element has a water content of greater than 15%, or greater than 20%, or greater than 30%, as claimed, since it has been held that where
the general conditions of a claim are disclosed in the prior art, discovering the optimum or
workable ranges involves only routine skill in the art.
Regarding Claim 10, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach for simultaneously forming the handle element and connecting the brush element to the handle element, the fibrous material of the handle element is rolled around the connecting portion of the brush element.
Amron, however, teaches for simultaneously forming the handle element (803) and connecting the brush element (802) to the handle element (803), the fibrous material of the handle element is rolled around the connecting portion of the brush element (802; Fig. 8a).
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 method of Ito to further include simultaneously forming the handle element and connecting the brush element to the handle element, the fibrous material of the handle element is rolled around the connecting portion of the brush element, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 11, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the connecting portion is arranged between a handle element upper part and a handle element lower part.
Amron, however, teaches the connecting portion (recesses, 803) is arranged between a handle element upper part and a handle element lower part (Fig. 8b).
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 method of Ito to further include simultaneously forming the handle element and connecting the brush element to the handle element, the connecting portion is arranged between a handle element upper part and a handle element lower part, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 17, Ito, as modified, teaches the method wherein by means of a brush element production machine, and the brush element (20) is connected to the handle element (10) immediately after the brush element (20) has been produced (Paragraph [0019]).
Regarding Claim 18, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the method for connecting the brush element to the handle element, heat is introduced into the handle element or into the receiving portion of the handle element.
Amron, however, teaches the method for connecting the brush element (110) to the handle element (120), heat is introduced into the handle element or into the receiving portion of the handle element (Paragraph [0032]).
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 method of Ito to further include heat is introduced into the handle element or into the receiving portion of the handle element, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 19, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach for connecting the brush element to the handle element, heat is introduced into the brush element or into the connecting portion of the brush element.
Amron, however, teaches the method for connecting the brush element (110) to the handle element (120), heat is introduced into the brush element or into the connecting portion of the brush element (Paragraph [0032]).
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 method of Ito to further include for connecting the brush element to the handle element, heat is introduced into the brush element or into the connecting portion of the brush element, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 20, Ito, as modified, teaches the method of claim 1 as discussed above.
Ito does not explicitly teach for connecting the brush element to the handle element, a tubular element is arranged around the receiving portion of the handle element and the connecting portion of the brush element and heat is introduced into the tubular element arranged around the receiving portion and the connecting portion.
Amron, however, teaches the method for connecting the brush element (110) to the handle element (120), a tubular element (140) is arranged around the receiving portion of the handle element (120; Fig. 2c) and the connecting portion of the brush element (110) and heat is introduced into the tubular element arranged around the receiving portion and the connecting portion (Paragraph [0032]).
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 method of Ito to further include for connecting the brush element to the handle element, a tubular element is arranged around the receiving portion of the handle element and the connecting portion of the brush element and heat is introduced into the tubular element arranged around the receiving portion and the connecting portion, as taught by Amron, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 21, Ito, as modified, teaches the method of claim 4 as discussed above.
Ito does not explicitly teach the fibrous material is provided with a heat- sealable coating, before the handle element is formed, and wherein, for connecting the brush element to the handle element, heat is introduced into the heat-sealable coating of the fibrous material.
Amron, however, teaches the fibrous material is provided with a heat- sealable coating (Paragraph [0033]), before the handle element is formed, and wherein, for connecting the brush element (110) to the handle element (120), heat is introduced into the heat-sealable coating of the fibrous material (Paragraph [0033]).
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 method of Ito to further include the fibrous material is provided with a heat- sealable coating, .
Claims 13 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2018 047368 A) in view of in view of Discko Jr. et al. (U. S. Patent Publication No. 5,150,495 A) and Hoertsch (U. S. Patent Publication No. 2003/0108846 A1).
Regarding Claim 13, Ito teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the method for connecting the brush element to the handle element, the receiving portion of the handle element is pressed from multiple sides; against the connecting portion of the brush element.
Hoertsch, however, teaches the method for connecting the brush element (90) to the handle element (30), the receiving portion (portion with 90 attached) of the handle element (30) is pressed from multiple sides (Figs. 14 – 16; as the fabric is wound); against the connecting portion of the brush element (Figs. 14 – 16).
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 method of Ito to further include the receiving portion of the handle element is pressed from multiple sides; against the connecting portion of the brush element, as taught by Hoertsch, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 14, Ito teaches the method of claim 1 as discussed above.
Ito does not explicitly teach the method wherein on the pressing of the receiving portion of the handle element, an imprint is introduced into the surface of the handle element
Hoertsch, however, teaches the method wherein on the pressing of the receiving portion of the handle element, an imprint (F; Fig. 7) is introduced into the surface of the handle element (20; Fig. 7).
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 method of Ito to further include an imprint is introduced into the surface of the handle element, as taught by Hoertsch, to provide a grip area when cleaning your teeth, thus avoiding inadvertently dropping the tool.
Regarding Claim 15, Ito teaches the method of claim 13 as discussed above.
Ito does not explicitly teach the connecting portion of the brush element includes an interlocking element, or one or more barbs, which is connected or hooked, to the receiving portion by the pressing of the receiving portion.
Hoertsch, however, teaches the connecting portion (@38; Fig. 14) of the brush element (30) includes an interlocking element (bonding; Paragraph [0051]), or one or more barbs, which is connected or hooked, to the receiving portion by the pressing of the receiving portion (Paragraph [0051]).
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 method of Ito to further include the connecting portion of the brush element includes an interlocking element, or one or more barbs, which is connected or hooked, to the receiving portion by the pressing of the receiving portion, as taught by Hoertsch, to provide a device that is easy to manufacture thus saving costs.
Regarding Claim 16, Ito teaches the method of claim 13 as discussed above.
Ito does not explicitly teach an end of the handle element that is opposite the receiving portion is pressed such that a roughened surface quality is produced or a scoop-like region of the handle element is obtained or the end tapers to a point.
Hoertsch, however, teaches an end of the handle element (20) that is opposite the receiving portion is pressed such that a roughened surface quality is produced or a scoop-like region (F) of the handle element is obtained or the end tapers to a point (Fig. 7).
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 method of Ito to further include an end of the handle element that is opposite the receiving portion is pressed such that a roughened surface quality is produced or a scoop-like region of the handle element is obtained or the end tapers to a point, as taught by Hoertsch, to provide a grip area when cleaning your teeth, thus avoiding inadvertently dropping the tool.
Response to Arguments
Applicant's arguments filed March 4, 2026 regarding the rejection of claims 1 – 11 and 13 – 22 under 35 U.S.C. 103 have been fully considered and they are persuasive, therefore the rejection is withdrawn. However, after further consideration, a new grounds of rejection is made in view of Discko.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723