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 .
Continued Examination Under 37 CRF 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/21/2026 has been entered.
Status
In response to the amendment filed on 01/21/2026, claims 1, 6, 7, 10, 12-14, 23, and 26 have been amended, claim 5 is cancelled, and new claims 39-43 are added. Claims 4, 11, 15-21, 25, an d27-38 were previously cancelled. Claims 1-3, 6-10, 12-14, 22-24, 26, and 39-43 are pending and under examination.
Although Applicant indicated claim 22 has been amended, no amendment was made.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/03/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Figs. 16a-d show the recited melt layer, therefore, the drawing objection made in the previous final rejection office action dated on 10/21/2025 has been withdrawn.
Claim Objections
Claim 1, 6, 22-24, and 39 are objected to because of the following informalities:
In claim 1, line 19, the term may be amended as “[[the]]an entire length”.
In claim 6, lines 7-8, the term may be amended as “the first outer layer and the second outer layer”.
In claim 22, line 5, the phrase may be amended as “to and from with respect to …”
In claim 23, line 5, the term may be amended as “the second outer layer”.
In claim 24, lines 1-2, the phrase may be amended as “the heating of step [[b]]d) is …”
In claim 39, the phrase may be amended as “[[the ]]steps of” in line 1, the phrase may be amended as “[[the ]]sub steps of” in line 2, and the phrase may be amended as “fusing [[the ]]fixed ends” in line 8.
Appropriate correction is required.
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.
Claim 14 is 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.
In claim 14, the phrase “the at least one recess wall is of a third material not-fusible with the bristles and/or the front surface of the multi-layer foil, wherein the second outer layer is formed of a material fusible with the bristles and the first outer layer of a fourth material fusible with the third material” renders claim vague and indefinite. Claim 6 defines the first outer layer forms the front surface of the multi-layer foil. While at least one recess wall of the third material is not fusible with the front surface/first outer layer of the multi-layer foil, the first outer layer of the fourth material is fusible with the third material. The phrase is contradicting. For examination purpose, the examiner has interpreted the third material and fourth material are not fusible.
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.
Claims 1-3 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Pierce et al. (US 2018/0098619, hereinafter Pierce), in view of An Dijk (WO 2018199760A1, hereinafter An), Tengvall et al. (WO 2018169464A1, hereinafter Tengvall), and Kraemer (US 8,132,284, cited on 06/12/2024 IDS).
Regarding claim 1, Pierce teaches a method of manufacturing a mouthpiece for simultaneously brushing at a plurality of dental positions (figs. 1 and 3 and ¶ 0001, Pierce discloses a teeth cleaning device 11 [corresponds to the recited mouthpiece] which enables all teeth surfaces to be cleaned simultaneously. Because the device is disclosed, the device can be manufactured. The patentability of a product does not depend on its method of production. Further discussion is addressed below), the mouthpiece being of a type comprising a body defining a recess which is lined with bristles and has a J-shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction (figs. 1, 6A, 7A, the teeth cleaning device 1 has a body and a denture channel 17 [corresponds to the recited recess] is formed wherein the denture channel 17 is lined with teeth cleaning elements 83 [bristles]. The channel has a J-shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction);
wherein the method comprises a pad manufacturing step in which at least one pad with bristles is made; the pad consisting of a foil and bristles projecting from a front surface of the foil; the foil having a back surface opposite the front surface (figs. 1 and 6A, a substrate layer 81 [corresponds to the recited foil] is coupled with the teeth cleaning elements 83 [correspond to the recited bristles] to form a pad. The substrate layer 81 has a front surface where the teeth cleaning elements 83 protrude from and a back surface opposite to the front surface); and
the pad manufacturing step comprising providing bristles with a fixed end and a free end, providing the foil (figs. 1 and 6A and ¶ 0042, the teeth cleaning elements 83 [correspond to the recited bristles] has a fixed end and a free end. The fixed end of the cleaning elements is attached to the substrate layer 81[corresponds to the recited foil] to make the bristled pad);
wherein the method further comprises a body providing step in which the body of the mouthpiece to be manufactured is provided; the body providing step comprising providing a body with a recess, at least one recess wall, and a pressure chamber coupled to the at least one recess wall; the recess having a J- shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction and being configured for encompassing a dental arch of multiple dental positions; the at least one recess wall delimiting the recess (figs. 1-3 and ¶ 0023-25, a first support structure 13 and a second support structure 15 form a body of the teeth cleaning device 11 [corresponds to the recited mouthpiece] having the denture channel 17 [corresponds to the recited recess] wherein the channel has a J- shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction for encompassing a dental arch. A channel floor 23 [corresponds to the recited recess wall] delimits the denture channel 17; fig. 3 and ¶ 0032, an air bladder 47, 49 [corresponds to the recited pressure chamber] is coupled with the channel floor 23); and
wherein the method further comprises a pad attaching step in which, during or after the body providing step, the foil of one or more bristled pads is attached to the at least one recess wall to line the at least one recess wall with bristles such that: a) the back surface of the foil faces the at least one recess wall, b) the back surface of the foil follows the shape of the surface of the at least one recess wall to which it is attached, and c) the front surface of the foil faces away from the at least one recess wall into the recess (figs. 1 and 6A, the pad formed by the substrate layer 81 [corresponds to the recited foil] and the teeth cleaning elements 83 [correspond to the bristles] is attached to the channel floor 23 [corresponds to the recited recess wall] along a shape of the channel floor. The back surface of the substrate layer 81 faces the channel floor 23 and the front surface of the substrate layer 81 faces the recess), but does not disclose the pressure chamber extending along the entire length of the recess.
An teaches, in an analogous mouthpiece field of endeavor, the pressure chamber extending along the entire length of the recess (figs. 1, 5a-c and p. 20:18-21:22, a brushing chamber 13 or 312 extends along an entire length of the recess).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified mouthpiece of Pierce to provide the pressure chamber extending along the entire length of the recess as taught by An in order to adjust pressure of the chamber quickly.
Pierce as modified by An does not disclose the pad manufacturing step further comprises fusing the fixed ends of the bristles with each other to form a melt layer, and fusing the melt layer to the prefabricated foil, resulting in a bristled pad having a first layer comprising the melt layer and a second layer provided by the prefabricated foil.
Tengvall teaches, in a brush field of endeavor and capable of solving primary problem, the pad manufacturing step further comprises fusing the fixed ends of the bristles with each other to form a melt layer, and fusing the melt layer to the prefabricated foil, resulting in a bristled pad having a first layer comprising the melt layer and a second layer provided by the prefabricated foil (Tengvall English translation, p. 9:28-10:9, 11:32-38 and figs. 5 and 7a, fixed ends of bristles 20 are fused by means of a laser to form a layer of melted and jointed bristles. The melted layer of bristles [corresponds to the recited first layer comprising the melt layer] is fused to a layer of extra material 35 [equivalent to the recited second layer provided by the prefabricated foil]. The two layers are disposed on a connection means 32 [equivalent to the recited pad]. Tengvall disclose a paint brush, however, it teaches how the bristles can be fused to the mouthpiece by forming the melt layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of manufacturing the mouthpiece of Pierce as modified by An to provide the melt layer of bristles as taught by Tengvall in order to provide a bundle of bristles which is strong yet flexible (Tengvall English translation, p. 11:17-21).
Pierce as modified by An and Tengvall does not disclose the foil has a thickness of at most 700 µm.
Kraemer teaches, in an analogous dental cleaning device field of endeavor, the foil has a thickness of at most 700 µm (col. 4:7-9, the web may be a thickness up to 1 mm or 1000 µm. Thus, the thickness can be at most 700 µm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of manufacturing the mouthpiece of Pierce as modified by An and Tengvall to provide the foil having the recited thickness as taught by Kraemer. The thickness provides flexibility to withstand pressure during dental cleaning (Kraemer col. 4:3-5).
The recitation “mouthpiece” is considered to be a product by process limitation. MPEP 2113 clearly states "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In this instance, the teeth cleaning device taught by Pierce as modified by Kraemer is the same as or makes the product claimed obvious, meeting the limitation of the claim.
Regarding claim 2, Pierce as modified by An, Tengvall, and Kraemer teaches the method as in the rejection of claim 1, wherein the prefabricated pliable foil has a thickness of at most 400 µm (Kraemer, col. 4:7-10, the web can be provided separately as a sheet and the web may be a thickness up to 1 mm. For example between 0.01-0.5 mm or 10-500 µm, thus the recited thickness is within the Kraemer’s foil thickness range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of manufacturing the mouthpiece of Pierce as modified by An and Tengvall to provide the recited foil thickness as taught by Kraemer in order to provide flexibility to withstand pressure during dental cleaning (Kraemer col. 4:3-5).
Regarding claim 3, Pierce as modified by An, Tengvall, and Kraemer teaches the method as in the rejection of claim 1, wherein the prefabricated pliable foil has a thickness of at most 250 µm (Kraemer, col. 4:7-10, the web can be provided separately as a sheet and the web may be a thickness up to 1 mm. For example between 0.01-0.5 mm or 10-500 µm, thus the recited thickness is within the Kraemer’s foil thickness range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of manufacturing the mouthpiece of Pierce as modified by An and Tengvall to provide the recited foil thickness as taught by Kraemer in order to provide flexibility to withstand pressure during dental cleaning (Kraemer col. 4:3-5).
Regarding claim 43, Pierce as modified by An, Tengvall, and Kraemer teaches the method as in the rejection of claim 1, wherein the foil comprises a plurality of perforations extending through the foil and the pad manufacturing step further comprises inserting the bristles through the plurality of perforations before fusing the fixed ends of the bristles with each other to form a melt layer (Kraemer, fig. 6 and col. 7:40-67, tufts 4 [correspond to the recited bristles] are inserted through a plurality of insertion channels 19 [correspond to the recited perforations] of a foil. Ends of the tufts 4 are heated to melt in a mould 18 to form a melt layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece manufacturing method to provide inserting bristles through the plurality of perforations as taught by Kraemer for easy attaching of the bristles to the web (Kraemer col. 2:52-58).
Claims 6, 8, 12, 13, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Pierce et al. (US 2018/0098619, hereinafter Pierce), in view of Lee (KR 200302048Y1).
Regarding claim 6, Pierce teaches a method of manufacturing a mouthpiece for simultaneously brushing at a plurality of dental positions (figs. 1 and 3 and ¶ 0001, Pierce discloses a teeth cleaning device 11 [corresponds to the recited mouthpiece] which enables all teeth surfaces to be cleaned simultaneously. Because the device is disclosed, the device can be manufactured as discussed in claim 1 above), the mouthpiece being of a type comprising a body defining a recess which is lined with bristles and has a J-shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction (figs. 1, 6A, 7A, the teeth cleaning device 1 has a body and a denture channel 17 [corresponds to the recited recess] is formed wherein the denture channel 17 is lined with teeth cleaning elements 83 [bristles]. The channel has a J-shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction);
wherein the method comprises a pad manufacturing step in which at least one pad with bristles is made; the pad consisting of a foil and bristles projecting from the front surface of the foil (figs. 1 and 6A, a substrate layer 81 [corresponds to the recited foil] is coupled with the teeth cleaning elements 83 [correspond to the recited bristles] to form a pad. The substrate layer 81 has a front surface where the teeth cleaning elements 83 protrude from); and
the pad manufacturing step comprising providing bristles with a fixed end and a free end, providing the foil (figs. 1 and 6A and ¶ 0042, the teeth cleaning elements 83 [correspond to the recited bristles] has a fixed end and a free end. The fixed end of the cleaning elements is attached to the substrate layer 81[corresponds to the recited foil] to make the bristled pad);
wherein the method further comprises a body providing step in which a body of the mouthpiece to be manufactured is provided; the body providing step comprising providing a body with a recess and at least one recess wall; the recess having a J- shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction and being configured for encompassing a dental arch of multiple dental positions; the at least one recess wall delimiting the recess (figs. 1-3 and ¶ 0023-25, a first support structure 13 and a second support structure 15 form a body of the teeth cleaning device 11 [corresponds to the recited mouthpiece] having the denture channel 17 [corresponds to the recited recess] wherein the channel has a J- shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction for encompassing a dental arch. A channel floor 23 [corresponds to the recited recess wall] delimits the denture channel 17); and
wherein the method further comprises a pad attaching step in which during or after the body providing step, one or more bristled pads are attached to the at least one recess wall to line the at least one recess wall with bristles, the back surface of the foil facing the at least one recess wall and the front surface of the foil facing away from the at least one recess wall into the recess (figs. 1 and 6A, the pad formed by the substrate layer 81 [corresponds to the recited foil] and the teeth cleaning elements 83 [correspond to the bristles] is attached to the channel floor 23 [corresponds to the recited recess wall]. The back surface of the substrate layer 81 faces the channel floor 23 and the front surface of the substrate layer 81 faces the recess), but does not disclose a bristled pad with a foil has a thickness of at least 1.5 mm.
However, specification of the instant application does not provide explanation why the bristled pad with the foil needs to have a thickness of at least 1.5 mm, and it appears there is no criticality for the bristled pad with the foil to have the thickness at least 1.5 mm.
Meanwhile, Pierce discloses the mouthpiece comprises the foil and the bristles as shown in fig. 6A. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pad of Pierce to provide the pad thickness having at least 1.5 mm thickness in order to provide the rigidity and flexibility to clean teeth effectively. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A).
Pierce still does not disclose the foil is a multi-layer foil comprising a first outer layer, a second outer layer, and a plurality of perforations extending through the first outer layer and second outer layer, the first outer layer forming a front surface of the multi-layer foil, the second outer layer forming a back surface of the multi-layer foil opposite the front surface and the pad manufacturing step further comprising: inserting the bristles through the plurality of perforations, and fusing the fixed ends of the bristles with the second outer layer of the multi-layer foil.
Lee teaches, in an analogous dental cleaner field of endeavor, the foil is a multi-layer foil comprising a first outer layer, a second outer layer, and a plurality of perforations extending through the first outer layer and second outer layer, the first outer layer forming a front surface of the multi-layer foil, the second outer layer forming a back surface of the multi-layer foil opposite the front surface and the pad manufacturing step further comprising: inserting the bristles through the plurality of perforations, and fusing the fixed ends of the bristles with the second outer layer of the multi-layer foil (Lee English translation, p. 3:1-20 and fig. 1, a recited foil comprises a rubber elastic body 12 [corresponds to the recited first outer layer] and a plastic film 13 [corresponds to the recited second outer layer] so that the foil is a multi-layer foil. The rubber elastic body 12 has holes [correspond to the recited perforations] for receiving bristles 10. The plastic film 13 does not have holes initially, but the bristles 10 make perforations to the film 13 when they penetrate it. Therefore, the plastic film 13 [corresponds to the recited second outer layer] also has a plurality of perforations. The rubber elastic body 12 becomes a front surface of the multi-layer foil, and the plastic film 13 becomes a back surface of the multi-layer foil. The bristles 10 project from the front surface of the multi-layer foil. The bristles are inserted through the rubber elastic body 12 and the plastic film 13, and heat-bonded with the plastic film 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce to provide the multi-layer foil as taught by Lee so that bristles do not fall out during a process of planting and they are firmly fixed (Lee English translation, p. 3:15-20).
Regarding claim 8, Pierce as modified by Lee teaches the method in the rejection of claim 6, wherein the mouthpiece to be manufactured has two said recesses, the J-shaped or U- shaped length directions of both recesses extending parallel and the U-shaped cross- sections of both recesses opening in mutually opposite direction, wherein the body providing step comprises providing a body with two said recesses, the J-shaped or U-shaped length directions of both recesses extending parallel and the U-shaped cross-sections of both recesses opening in mutually opposite direction, each said recess having at least one recess wall delimiting the respective recess; and wherein the pad attaching step comprises attaching one or more said pads to the at least one recess wall of each said recess (Pierce figs. 1-3. the teeth cleaning device 1 has a body and upper and lower denture channels 17 [correspond to the recited recesses] are formed wherein each denture channel 17 is lined with teeth cleaning elements 83 [bristles]. Each channel has a J-shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction. The upper and lower channels have openings in opposite directions; ¶ 0023-25, a first support structure 13 and a second support structure 15 form a body of the teeth cleaning device 11 [corresponds to the recited mouthpiece] having the denture channel 17 [corresponds to the recited recess]. A channel floor 23 [corresponds to the recited recess wall] delimits the denture channel 17; figs. 1 and 6A, the pad formed by the substrate layer 81 [corresponds to the recited foil] and the teeth cleaning elements 83 [correspond to the bristles] is attached to the channel floor 23 [corresponds to the recited recess wall]).
Regarding claim 12, Pierce as modified by Lee teaches the method in the rejection of claim 6, wherein, in the pad attaching step, the multi-layer foil of the pad is fused with the at least one recess wall (Lee fig. 1, the multi-layer foil comprising the rubber elastic body 12 and the plastic film 13; Pierce ¶ 0042, the substrate layer 81 [corresponds to the recited foil] is affixed to a surface of an air bladder 25. The air bladder forms a part of the recess wall. By combining Pierce with Lee, the multi-layer foil is fused with the recess wall).
Regarding claim 13, Pierce as modified by Lee teaches the method in the rejection of claim 6, wherein the first outer layer configured to be fusible with the bristles and the second outer layer configured to be fusible with the at least one recess wall (Lee English translation, p. 3:18-19 and fig. 1, the multi-layer foil comprising the rubber elastic body 12 and the plastic film 13. The rubber elastic body 12 [corresponds to the recited first outer layer] and the bristles are fused; Pierce ¶ 0042, the substrate layer 81 [corresponds to the recited foil] is affixed to a surface of an air bladder 25. The air bladder forms a part of the recess wall. Thus, combination of Pierce and Lee teaches the second outer layer of the multi-layer foil is fusible with at least one recess wall).
Regarding claim 22, Pierce as modified by Lee teaches the method in the rejection of claim 6, wherein the body comprises a pressure chamber or chain of pressure chambers extending along the length of the recess, wherein the wall of the pressure chamber at the side of the recess defines the at least one recess wall, wherein the pressure chamber is configured for containing a fluid under pressure; and wherein the body is configured to move the at least one recess wall to and from with respect to the recess by reciprocatingly increasing and decreasing a pressure in the pressure chamber or chain of pressure chambers between a decreased pressure condition and an increased pressure condition (Pierce, figs. 1-4 and 9 and ¶ 0030-32, 0047 and 0056, the body of the teeth cleaning device 1 has a plurality of air bladders [correspond to the recited pressure chambers] along the denture channel 17 [corresponds to the recited recess]. Air pump 133 operates valves 135-145 to pressurize and depressurize all the air bladders or a part of air bladders independently. Redistribution of air between sets of bladders generates motion of the cleaning device relative to the mouth of the user).
Regarding claim 23, Pierce as modified by Lee teaches the method in the rejection of claim 6, wherein the pad manufacturing step comprises the following steps: a) providing the bristles; b) providing a said multi-layer foil; c) bringing the fixed ends of the bristles in contact with the second outer layer of the multi-layer foil; d) heating the multi-layer foil and/or fixed ends of the bristles; e) fusing of the fixed ends of the bristles with the multi-layer foil resulting in the bristled pad (Pierce, figs. 1 and 6A and ¶ 0042, the teeth cleaning elements 83 [correspond to the recited bristles] has a fixed end and a free end. The fixed end of the cleaning elements is attached to the substrate layer 81[corresponds to the recited foil] to make the bristled pad; Lee English translation, p. 3:18-20 and 4: 18-19 and fig. 1, the multi-layer foil comprising the rubber elastic body 12 and the plastic film 13. The plastic film 13 [corresponds to the recited second outer layer] and the bristles are fused by heat bonding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce as modified by Lee to provide the method of manufacturing the multi-layer foil and the bristles as taught by Lee so that bristles do not fall out during a process of planting and they are firmly fixed (Lee English translation, p. 3:15-20).
Regarding claim 24, Pierce as modified by Lee teaches the method in the rejection of claim 23, wherein the heating of step d) is by means of plastic welding and wherein step d) takes place after or before step c) (Lee English translation, p. 3:13-20, the bristles are inserted to the rubber elastic body 12 and the plastic film 13 [correspond to the recited multi-layer foil] and then heat bonded).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce to provide the multi-layer foil fixed with the bristles as taught by Lee so that bristles do not fall out during a process of planting and they are firmly fixed (Lee English translation, p. 3:15-20).
Claims 7, 9, 10, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Pierce in view of Lee, as applied to claims 6 and 23 above respectively, and in further view of Kraemer.
Regarding claim 7, Pierce as modified by Lee teaches the method in the rejection of claim 6, but does not disclose the multi-layer foil of the bristled pad has a bending resistance of less than 2 Newton, the bending resistance being defined as the force F required to bend a strip of foil having a width W of 10 mm and length L of 20 mm over a distance Q of 10 mm, the force F being directed in the direction opposite to the direction in which the free ends of the bristles are facing.
However, Kraemer teaches, in an analogous dental cleaning device field of endeavor, the web [corresponds to the recited foil] may comprise a thin, flexible sheet of a material (col. 2:34-51). While the bending resistance is a material property, the web of Kraemer has a bending resistance because it comprises the flexible sheet of material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foil of Pierce as modified by Lee to provide the recited bending resistance in order to provide flexibility to withstand pressure during dental cleaning (Kraemer col. 4:3-5). It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). See MPEP 2144.05(III).
Regarding claim 9, Pierce as modified by Lee teaches the method in the rejection of claim 6, but does not disclose the bristles comprise polybutylene terephthalate (PBT) or polyamide (PA) fibers.
Kraemer teaches, in an analogous dental cleaning device field of endeavor, the bristles comprise polybutylene terephthalate (PBT) or polyamide (PA) fibers (Kraemer, col. 1:58-63, the bristles may be made of nylon monofilaments. Google search provides information that nylon is a specific type of polyamide. See below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce as modified by Lee to provide the polyamide bristles as taught by Kraemer. Polyamide may be a suitable material for bristles due to its strength, durability, and flexibility.
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Regarding claim 10, Pierce as modified by Lee teaches the method in the rejection of claim 6, but does not disclose the bristles comprise fibers of a first material and wherein the second outer layer of the multi-layer foil comprises a second material fusible with the first material.
Kraemer teaches, in an analogous dental cleaning device field of endeavor, the bristles comprise fibers of a first material and wherein the second outer layer of the multi-layer foil comprises a second material fusible with the first material (Lee English translation, p. 4:18-19, the plastic film [corresponds to the recited second outer layer] and the bristles are fused; Kraemer, col. 2:52-58, the bristles may be attached to the web [corresponds to the recited second outer layer] by fusing welding; col. 3:28-31, a plastic web material may be a material of a plastic tooth brush head or bristles. Thus, Kraemer teaches the material of the foil can be different from the material of the bristles).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bristles and foil of Pierce as modified by Lee to be made of different materials as taught by Kraemer for easy welding attachment (Kraemer, col. 2:55-56).
Regarding claim 26, Pierce as modified by Lee teaches the method in the rejection of claim 23, the foil is the multi-layer foil (Lee English translation, p. 3:18-19 and fig. 1, the multi-layer foil comprising the rubber elastic body 12 and the plastic film 13), but does not disclose step a) comprises the steps of: providing a bristles holding tool having a foil support surface and a bore extending from the foil support surface into the tool, the bore being configured to receive bristles; and inserting the bristles into the bores such that their fixed ends are at the foil support surface; wherein step c) comprises placing the foil onto the foil support surface.
Kraemer teaches, in an analogous dental cleaning device field of endeavor, step a) comprises the steps of: providing a bristles holding tool having a foil support surface and a bore extending from the foil support surface into the tool, the bore being configured to receive bristles; and inserting the bristles into the bores such that their fixed ends are at the foil support surface (Kraemer, col. 6:60-7:6, a holding jig holds bundles of bristles. One end of the holding jig can be a foil support surface, and the bristles at the foil support surface can be brought to the web [corresponds to the recited foil]. Because the holding jig is able to hold the bristles, it has a bore extending through the jig. The bundles of bristles are inserted to the holding jig. The bristles at the foil support surface are to be bonded to the web);
wherein step c) comprises placing the foil onto the foil support surface (Kraemer, col. 6:60-7:6, the bristles at the foil support surface are brought to the web. By combining with Lee, the multi-layer foil is placed), but does not disclose the method comprises separating the tool from the pad after step e).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a step of method to separate the tool from the pad after fusing the bristles to the foil. After using the holding jig to bring the bristles to the web, there is no reason to continue holding the bristles with the holding jig after attaching the bristles to the web by welding.
Pierce as modified by Lee and Kraemer does not disclose the tool comprises a plurality of bores. Kraemer discloses the holding jig for holding the bundles of bristles (col. 7:2-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the holding jig of Kramer to provide the plurality of bores to hold bundles of the bristles. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04(VI)(B).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pierce in view of Lee, as applied to claim 6 above, and in further view of Kraemer and Russell et al. (US 6,220,673, hereinafter Russell).
Regarding claim 14, Pierce as modified by Lee teaches the method in the rejection of claim 6, the foil is the multi-layer foil and the second outer layer is formed of a material fusible with the bristles (Lee English translation, p. 3:18-19 and fig. 1, the multi-layer foil comprising the rubber elastic body 12 and the plastic film 13; p. 4:18-19, the plastic film 13 [corresponds to the recited second outer layer] is fused with the bristles 10, thus the material of the film 13 is fusible with the bristles), but does not disclose the at least one recess wall is of a third material not-fusible with the bristles and/or the front surface of the foil, wherein the first outer layer of a fourth material fusible with the third material.
Kraemer teaches, in an analogous dental cleaning device field of endeavor, the at least one recess wall is of a third material not-fusible with the bristles and/or the front surface of the foil, wherein the first outer layer of a fourth material fusible with the third material (Kraemer, col. 3:30-31, a toothbrush head 1 forms a recess wall and is made of plastic; col. 2:34-51, the web 7 [corresponds to the recited front surface/first outer layer of foil wherein the bristles are fixed to] can be made of metals. Thus, the head 1 and the web 7 may not be fusible. See 112(b) rejection regarding fusibility of the third material and the fourth material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce as modified by Lee to provide the material for the recess wall not fusible with the foil as taught by Kraemer so that bristles have freedom to move for effective cleaning of teeth.
Pierce as modified by Lee and Kraemer teaches the fourth material is a polypropylene (PP), a polyethylene (PE), a thermoplastic elastomer (TPE), or a thermoplastic polyurethane (TPU) (Kramer, col. 4:23-57, the pad 10 [corresponds to the recited first outer layer] of the recited fourth material is made from elastomeric material for example a polypropylene rubbers), but does not disclose the third material is a polypropylene (PP), a polyethylene (PE), a thermoplastic elastomer (TPE), or a thermoplastic polyurethane (TPU).
Kraemer discloses the head 1 [corresponds to the recited recess wall] of the recited third material, is made from plastic (col. 3:30-31).
Russell teaches, in an analogous teeth cleaning device field of endeavor, the third material is a polypropylene (PP), a polyethylene (PE), a thermoplastic elastomer (TPE), or a thermoplastic polyurethane (TPU) (col. 5:12-18, a toothbrush head [corresponds to the recited recess wall] is made from thermoplastic elastomer (TPE)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the recess wall of Pierce as modified by Lee and Kraemer to provide it with TPE as taught by Russell because the material is flexible and it may be beneficial for a teeth cleaning device for better contact of bristles with teeth.
Claims 39 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Pierce et al. (US 2018/0098619, hereinafter Pierce), in view of Kraemer (US 8,132,284, cited on 06/12/2024 IDS).
Regarding claim 39, Pierce teaches a method of manufacturing a mouthpiece (figs. 1 and 3 and ¶ 0001, Pierce discloses a teeth cleaning device 11 [corresponds to the recited mouthpiece] which enables all teeth surfaces to be cleaned. Because the device is disclosed, the device can be manufactured. The patentability of a product does not depend on its method of production), the method comprising the steps of: a) a pad manufacturing step comprising the sub steps of:
a-1) providing bristles with a fixed end and a free end (figs. 1 and 6A and ¶ 0042, the teeth cleaning elements 83 [correspond to the recited bristles] has a fixed end and a free end);
a-2) providing a foil comprising a front surface and a back surface (figs. 1 and 6A, a substrate layer 81 [corresponds to the recited foil] is coupled with the teeth cleaning elements 83 [correspond to the recited bristles] to form a pad. The substrate layer 81 has a front surface where the teeth cleaning elements 83 protrude from and a back surface opposite to the front surface);
b) providing a body of a mouthpiece, the body of the mouthpiece comprising a recess configured for encompassing a dental arch and at least one recess wall delimited the recess (figs. 1-3 and ¶ 0023-25, a first support structure 13 and a second support structure 15 form a body of the teeth cleaning device 11 [corresponds to the recited mouthpiece] having the denture channel 17 [corresponds to the recited recess] wherein the channel encompasses a dental arch. A channel floor 23 [corresponds to the recited recess wall] delimits the denture channel 17); and
c) attaching the bristle pad to the at least one recess wall of the mouthpiece (figs. 1 and 6A, the pad formed by the substrate layer 81 [corresponds to the recited foil] and the teeth cleaning elements 83 [correspond to the bristles] is attached to the channel floor 23 [corresponds to the recited recess wall] along a shape of the channel floor), but does not disclose the foil further comprises a plurality of perforations extending through the foil and the foil having a maximum thickness of at most 700 µm.
Kraemer teaches, in an analogous dental cleaning device field of endeavor, the foil further comprises a plurality of perforations extending through the foil (fig. 6 and col. 7:40-67, a foil has a plurality of insertion channels 19 [correspond to the recited perforations] used for inserting tufts 4 [correspond to the recited bristles] through a plurality of insertion channels 19) and the foil having a maximum thickness of at most 700 µm (col. 4:7-9, the web may be a thickness up to 1 mm or 1000 µm. Thus, the thickness can be at most 700 µm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of manufacturing the mouthpiece of Pierce to provide the foil having the plurality of perforations and the recited thickness as taught by Kraemer for easy attaching of the bristles to the web (Kraemer col. 2:52-58). The thickness provides flexibility to withstand pressure during dental cleaning (Kraemer col. 4:3-5).
Regarding claim 42, Pierce as modified by Kraemer teaches method as in the rejection of claim 39, wherein the body of the mouthpiece further comprises a pressure chamber coupled to the at least one recess wall, the recess and the pressure chamber having a J-shaped or U-shaped length direction and an at least partly U-shaped cross- section transverse to the length direction and being configured for encompassing a dental arch of multiple dental positions (Pierce, figs. 1-4 and 9 and ¶ 0023-25, 0030-32, 0047 and 0056, the body of the teeth cleaning device 1 has a plurality of air bladders [correspond to the recited pressure chambers] along the denture channel 17 [corresponds to the recited recess]. The channel has a J- shaped or U-shaped length direction and an at least partly U-shaped cross-section transverse to the length direction for encompassing a dental arch; fig. 9, air bladders 105a,b and 111a,b [correspond to the recited pressure chambers] are at least partly U-shaped).
Claims 40 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Pierce in view of Kraemer, as applied to claim 39 above, and in further view of Lee.
Regarding claim 40, Pierce as modified by Kraemer teaches method as in the rejection of claim 39, but does not disclose the foil is a comprises a first outer layer and a second outer layer, the first outer layer forming the front surface of the foil, the second outer layer forming the back surface of the foil.
Lee teaches, in an analogous dental cleaner field of endeavor, the foil is a comprises a first outer layer and a second outer layer, the first outer layer forming the front surface of the foil, the second outer layer forming the back surface of the foil (Lee English translation, p. 3:1-20 and fig. 1, a recited foil comprises a rubber elastic body 12 [corresponds to the recited first outer layer] and a plastic film 13 [corresponds to the recited second outer layer]. The rubber elastic body 12 becomes a front surface of the foil, and the plastic film 13 becomes a back surface of the foil).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce as modified by Kraemer to provide the multi-layer foil as taught by Lee so that bristles do not fall out during a process of planting and they are firmly fixed (Lee English translation, p. 3:15-20).
Regarding claim 41, Pierce as modified by Kraemer and Lee teaches method as in the rejection of claim 40, wherein step a-4) further comprises fusing the fixed ends of the bristles to one another to form a melt layer and fusing the melt layer to the back surface of the foil (Lee English translation, p. 4:18-19 and fig. 1, the plastic film 13 [corresponds to the recited second outer layer/back surface of the foil] and the bristles are fused by heat bonding to form a melt layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mouthpiece of Pierce as modified by Kraemer and Lee to provide the melt layer as taught by Lee so that bristles do not fall out during a process of planting and they are firmly fixed (Lee English translation, p. 3:15-20).
Response to Arguments
Applicant’s arguments with respect to the rejection(s) of claim(s) 1 and 6 under 35 U.S.C. §103 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 view of An.
Applicant argues Pierce, Tengvall, and Kraemer do not teach or suggest the amended claim limitations that a (single) pressure chamber extends along an entire length of a recess. Examiner acknowledges Pierce discloses a plurality of pressure chambers disposed along the length of the recess. However, An discloses a mouthpiece for cleaning teeth wherein the mouthpiece comprises a pressure chamber extending along an entire length of a recess.
Next, Applicant argues Pierce, Tengvall, and Kraemer do not teach or suggest the amended claim limitations that a pad consist of a multi-layer foil comprising a first outer layer, a second outer layer, and a plurality of perforations extending through the first outer layer and second outer layer. Pierce, Tengvall, and Kraemer do not disclose the foil comprising two layers.
However, Lee discloses bristles are inserted to penetrate through the rubber elastic body 12 [corresponds to the recited first outer layer] and a plastic film 13 [corresponds to the recited second outer layer] and the fixed end of the bristles are fused by heat bonding. Therefore, Lee teaches the foil having the multiple layers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ehmann & Partner GmbH (DE 202018003268U1) discloses a mouthpiece for cleaning teeth wherein the mouth piece comprises a pressure chamber extending along an entire length of a recess.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
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/SUKWOO JAMES CHANG/Examiner, Art Unit 3723
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