DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claims 1-3, 5-7, 9-10, 20, 22, and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Kamemizu (JP2877772A, previously presented) in view of Meuser (DE29509846U1).
Regarding Claim 1, A toothbrush product (Fig. 9A) for cleaning an exposed mesial or distal surface of a tooth or tooth prosthesis (Fig. 9B) comprising:
an elongate member (Ref. 45, Fig. 9A) comprising a forward end (See annotated Fig. 9A below) and a backward end (See annotated Fig. 9A below) , wherein the elongate member comprises a handle portion (Ref. 46, Fig. 1) and the elongate member extends in a longitudinal direction from the forward end to the backward end (Fig. 9A annotated below);
a brush head member (Ref. 49, Fig. 1) comprising a forward surface (See annotated Fig. 9B below) facing a forward direction (See annotated Fig. 9B below) and a backward surface (See annotated Fig. 9B below) facing a backward direction (See annotated Fig. 9B below), wherein the brush head member comprises a first plurality of tufts (Ref. 51, Fig. 9) provided at the forward surface for contacting the exposed mesial surface (Fig. 9B) and/or a second plurality of tufts provided at the backward surface of the brush head member for contacting the exposed distal surface; and
at least one support member (Ref. 48 Fig. 9B, left and right leg members) for the brush head member disposed at the forward end of the elongate member wherein the at least one support member (48) is shaped to support the brush head member (49) at a transverse distance from the elongate member (Fig. 9B shows the brush head extending laterally from the end of the support member), wherein the at least one support member (48) comprises a proximal portion (See annotated Fig. 9A below) extending laterally (Fig. 9 shows the proximal portion extends laterally) and a distal portion (See annotated Fig. 9A below) extending transversely (Fig. 9 shows the distal portion extending transversely) thereby to provide a void (See annotated Fig. 9 below) between the forward end of the elongate member and the brush head member across said transverse distance (Fig. 9) and wherein at least part of the support member extends away from the forward end of the elongate member in the transverse direction such that the void is provided in a substantially transverse plane (Fig. 9 shows the support members extending downwards and away in a transverse direction from the elongate member and creating a transverse plane where the void sits), wherein the at least one support member comprises a first support member (Ref. 9B left leg member) and a second support member (Ref. 9B right leg member) disposed on opposing sides of the elongate member (Fig. 9A show opposite sides in a lateral direction) and wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 9) such that at least the brush head member and the first and second support members form a closed loop (fig. 9 shows a closed loop),
wherein the brush head member (49) comprises a longest dimension spanning a lateral direction relative to the transverse distance (Fig. 9B the top down view shows the brush head member having the longest dimension in a lateral direction (left and right direction)).
Kamemizu fails to explicitly teach wherein the brush head member comprises an apical side edge free of tufts. Meuser teaches a toothbrush product with an elongate member, a brush head member, and at least one support member and can be considered analogous art because it is within the same field of endeavor. Meuser further teaches a toothbrush product (Fig. 2) with an elongate member (Ref. 5, fig. 2), a brush head member (Fig. 1) comprising tufts (Ref. 1, Fig. 1), and at least one support member (Fig. 2, Ref. 4, left and right legs) comprising a first support member (Ref. 4, Fig. 2, left leg) and a second support member (Ref. 4, Fig. 2, right leg) wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 2) and wherein the brush head member comprises an apical side edge free of tufts (Fig. 1 shows there is no tufts on the entirety of the right side and left sides of the brush head member). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the brush member, as taught by Kamemizu, with the brush member comprising an apical side edge free of tufts, as taught by Meuser, to achieve the predictable result of allow the cleaning of interdental spaces and allowing easy and more effective cleaning without risk of injury to the gums ([0013-0014]).
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Regarding Claim 2, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches wherein the at least one support member and brush head member comprises a loop profile (Fig. 9 shows a closed loop).
Regarding Claim 3, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches a shoulder coupling (Ref. 47, Fig. 9A) between the elongate member (45) and the at least one support member (48, left and right leg members, Fig. 9A).
Regarding Claim 5, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches wherein the at least one support member (48 leg members) comprises a curved profile in the lateral direction (Fig. 9B shows a curved profile in a lateral direction) and/or a curved profile in the transverse direction (Fig. 9A, shows the support members curved in the transverse direction).
Regarding Claim 6, Kamemizu as modified teaches the limitations of claim 5, as described above, and further teaches wherein the curved profile in the transverse direction (Fig. 9a shows the profile is curved downward) and in the lateral direction (Fig. 9b shows the curved profile in a lateral direction) is selected to correspond to a curved profile of a tooth or tooth prosthesis (Fig. 9B).
Regarding Claim 7, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches wherein the distal portion of the at least one support member (48) curves either towards or away from the handle portion (46) (Fig. 9A shows the distal portion curving away from the handle in a vertical direction).
Regarding Claim 9, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches a forward portion (See annotated Fig. 9A below) disposed between the handle portion (46) and the support member (48) wherein the forward portion is inclined and/or curved or straight relative to the handle portion (Fig. 9A&B shows the support portion as straight).
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Regarding Claim 10, Kamemizu as modified teaches the limitations of claim 1, as described above, and given the replacement of the brush head member of Meuser, Kamemizu as modified further teaches further teaches wherein the brush head member (show as ref. 49 in Kamemizu) extends laterally from the distal end of the support member (Fig. 9B) and comprises least one of a), b), c):
a) a profile that is at least one of: curved, concave, convex, tear-drop, arched, flat, straight (Fig. 3 shows a profile that is straight);
b) a profile that comprises a void at a lower or upper side edge;
c) a flat section.
Regarding Claim 20, Kamemizu teaches A brush head assembly (Fig. 9A) configured to be coupled to an elongate member (Ref. 45, Fig. 9A) comprising a handle portion (Ref. 46, Fig. 1), wherein the brush head assembly comprises:
a brush head member (Ref. 49, Fig. 1) comprising a plurality of tufts (Ref. 51, Fig. 9) provided at a forward and/or a backward surface of the brush head member (See annotated Fig. 9B below) and/or a second plurality of tufts provided at a backward surface of the brush head member and
at least one support member (Ref. 48 Fig. 9B, left and right leg members) for the brush head member (Fig. 9) and a brush head assembly coupling (Ref. 47, Fig. 9B) for coupling the at least one support member to an elongate member (Ref. 45, Fig. 9A) comprising a handle portion (Ref. 46, Fig. 1), wherein the brush head member extends laterally from a distal end of the at least one support member (Fig. 9B shows the brush head extending laterally from the end of the support member), wherein the at least one support member is shaped to provide the brush head member at a distance from the brush head assembly coupling (Fig. 9A shows the brush head member (49) extending a distance from the coupling (45))and
wherein the at least one support member comprises a proximal portion (See annotated Fig. 9A below) extending laterally (Fig. 9 shows the proximal portion extends laterally) and a distal portion (See annotated Fig. 9A below) extending transversely from the brush head assembly coupling (47) (Fig. 9 shows the distal portion extending transversely from the brush head assembly coupling), such that a void (See annotated Fig. 9 below) is provided between the brush head assembly coupling and the brush head member across said distance (Fig. 9);
and wherein at least part of the support member extends away from the forward end of the elongate member in a transverse direction such that the void is provided in a substantially transverse plane (Fig. 9 shows the support members extending downwards and away in a transverse direction from the elongate member and creating a transverse plane where the void sits);
wherein the at least one support member comprises a first support member (Ref. 9B left leg member) and a second support member (Ref. 9B right leg member) disposed on opposing sides of the elongate member (Fig. 9A show opposite sides in a lateral direction) and wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 9) such that at least the brush head member and the first and second support members form a closed loop (fig. 9 shows a closed loop); and
wherein the brush head member (49) comprises a longest dimension spanning a lateral direction relative to the transverse distance (Fig. 9B the top down view shows the brush head member having the longest dimension in a lateral direction (left and right direction)).
Kamemizu fails to explicitly teach wherein the brush head member comprises an apical side edge free of tufts. Meuser teaches a toothbrush product with an elongate member, a brush head member, and at least one support member and can be considered analogous art because it is within the same field of endeavor. Meuser further teaches a toothbrush product (Fig. 2) with an elongate member (Ref. 5, fig. 2), a brush head member (Fig. 1) comprising tufts (Ref. 1, Fig. 1), and at least one support member (Fig. 2, Ref. 4, left and right legs) comprising a first support member (Ref. 4, Fig. 2, left leg) and a second support member (Ref. 4, Fig. 2, right leg) wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 2) and wherein the brush head member comprises an apical side edge free of tufts (Fig. 1 shows there is no tufts on the entirety of the right side and left sides of the brush head member). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the brush member, as taught by Kamemizu, with the brush member comprising an apical side edge free of tufts, as taught by Meuser, to achieve the predictable result of allow the cleaning of interdental spaces and allowing easy and more effective cleaning without risk of injury to the gums ([0013-0014]).
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Regarding Claim 22, Kamemizu teaches a kit of parts comprising:
a brush head assembly (Fig. 9A) configured to be coupled to an elongate member (Ref. 45, Fig. 9A) comprising a handle portion (Ref. 46, Fig. 1), wherein the brush head assembly comprises:
a brush head member (Ref. 49, Fig. 1) comprising a plurality of tufts (Ref. 51, Fig. 9) provided at a forward and/or a backward surface of the brush head member (See annotated Fig. 9B below) and/or a second plurality of tufts provided at a backward surface of the brush head member and
at least one support member (Ref. 48 Fig. 9B, left and right leg members) for the brush head member (Fig. 9) and a brush head assembly coupling (Ref. 47, Fig. 9B) for coupling the at least one support member to an elongate member (Ref. 45, Fig. 9A) comprising a handle portion (Ref. 46, Fig. 1), wherein the brush head member extends laterally from a distal end of the at least one support member (Fig. 9B shows the brush head extending laterally from the end of the support member), wherein the at least one support member is shaped to provide the brush head at a distance from the brush head assembly coupling (Fig. 9A shows the brush head member (49) extending a distance from the coupling (45))and
wherein the at least one support member comprises a proximal portion (See annotated Fig. 9A below) extending laterally (Fig. 9 shows the proximal portion extends laterally) and a distal portion (See annotated Fig. 9A below) extending transversely from the brush head assembly coupling (47) (Fig. 9 shows the distal portion extending transversely from the brush head assembly coupling), such that a void (See annotated Fig. 9 below) is provided between the brush head assembly coupling and the brush head across said distance (Fig. 9);
and wherein at least part of the support member extends away from the forward end of the elongate member in a transverse direction such that the void is provided in a substantially transverse plane (Fig. 9 shows the support members extending downwards and away in a transverse direction from the elongate member and creating a transverse plane where the void sits);
wherein the at least one support member comprises a first support member (Ref. 9B left leg member) and a second support member (Ref. 9B right leg member) disposed on opposing sides of the elongate member (Fig. 9A show opposite sides in a lateral direction) and wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 9) such that at least the brush head member and the first and second support members form a closed loop (fig. 9 shows a closed loop); and
wherein the brush head member (49) comprises a longest dimension spanning a lateral direction relative to the transverse distance (Fig. 9B the top down view shows the brush head member having the longest dimension in a lateral direction (left and right direction)).
Kamemizu fails to explicitly teach wherein the brush head member comprises an apical side edge free of tufts. Meuser teaches a toothbrush product with an elongate member, a brush head member, and at least one support member and can be considered analogous art because it is within the same field of endeavor. Meuser further teaches a toothbrush product (Fig. 2) with an elongate member (Ref. 5, fig. 2), a brush head member (Fig. 1) comprising tufts (Ref. 1, Fig. 1), and at least one support member (Fig. 2, Ref. 4, left and right legs) comprising a first support member (Ref. 4, Fig. 2, left leg) and a second support member (Ref. 4, Fig. 2, right leg) wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 2) and wherein the brush head member comprises an apical side edge free of tufts (Fig. 1 shows there is no tufts on the entirety of the right side and left sides of the brush head member). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the brush member, as taught by Kamemizu, with the brush member comprising an apical side edge free of tufts, as taught by Meuser, to achieve the predictable result of allow the cleaning of interdental spaces and allowing easy and more effective cleaning without risk of injury to the gums ([0013-0014]).
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Regarding Claim 28, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches wherein the first plurality of tufts (51) and/or the second plurality of tufts are arranged such that free ends of the first plurality of tufts (Fig. 9A&B) and/or the second plurality of tufts comprise a curved and/or an inclined and/or a vertical side profile (Fig. 9A shows some vertical side profile, note, examiner interprets a vertical side profile as any profile in a vertical direction).
Regarding Claim 29, Kamemizu as modified teaches the limitations of claim 1, as described above, and given the teachings of the brush head of Meuser, Meuser teaches wherein the brush head member (Fig. 1) comprises a profile that is non-straight or is curved (fig. 1-2 shows the brush head member and bristle profile is stepped and not straight).
Claims 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kamemizu as modified as applied to claims 1 and 3 above, and further in view of Vieten ( US 4,763,375, previously presented).
Regarding Claim 4, Kamemizu as modified teaches the limitations of claim 3, as described above, and teaches the shoulder coupling couples the elongate member and the at least one support member (Fig. 9A) but fails to explicitly teach wherein the shoulder coupling couples the elongate member and the at least one support member such that the at least one support member is projected from the elongate member in a transverse direction at an angle in the range between 15 degrees and 250 degrees or between 80 degrees and 120 degrees. Vienten teaches a toothbrush with an elongate member and at least one support member and can be considered analogous art because it is within the same field of endeavor. Vienten teaches a toothbrush product (Ref. 2, Fig. 1) comprising an elongate member (Ref. 4, Fig. 1), a brush head member (Ref. 14, Fig. 2), and at least one support member (Ref. 12&18, Fig. 2), wherein the shoulder coupling (Ref. 18, Fig. 2) couples the elongate member (4) and the at least one support member (12) such that the at least one support member (12) is projected from the elongate member in a transverse direction at an angle in the range between 15 degrees and 250 degrees (Fig. 2 shows the support member (12) is projected form the elongate member at an 180 degree angle) or between 80 degrees and 120 degrees. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the shoulder coupling and elongated and at least one support member, as taught by Kamemizu as modified, such that the at least one support member is projected from the elongate member in a transverse direction at an angle in the range between 15 degrees and 250 degrees, as taught by Vienten, to provide improved cleansing of teeth and allow the inside of a person’s teeth while holding a toothbrush normally ([Col. 3, Lines 29-33]).
Regarding Claim 19, Kamemizu as modified teaches the limitations of claim 1, as described above, but fails to explicitly teach wherein the elongate member and/or the brush head member and/or the at least one support member is manufactured out of at least one of:
a biodegradable material, plastic, bamboo, an elastomer, elastomer coated and/or bristles of the plurality of tufts comprise any suitable material, for example, elastomer and/or nylon and/or an antimicrobial material and/or wherein the tufts comprise a material that is plaque repellent and/or wherein the tufts are replaceable.
Vienten teaches a toothbrush with an elongate member and at least one support member and can be considered analogous art because it is within the same field of endeavor. Vienten teaches wherein the elongate member is manufactured out of plastic ([Col. 5, Lines 7-9] teach the elongated member is made from plastic). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the elongated member, as taught by Kamemizu as modified, to be manufactured out of plastic, as taught by Vienten, to provide improved cleansing of teeth and allow the inside of a person’s teeth while holding a toothbrush normally ([Col. 3, Lines 29-33]).
Claims 12 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Kamemizu as modified as applied to claims 1 and 29 above, and further in view of Harada (US 6,230,355, previously presented).
Regarding Claim 12, Kamemizu as modified teaches the limitations of claim 1, as described above, but fails to explicitly teach wherein the plurality of tufts are arranged such that the tufts at the most transverse part of the brush head member extend further from the brush head surface than tufts provided at the least transverse part of the brush head member. Harada teaches a toothbrush with a curved brush head member and plurality of tufts and can be considered analogous art because it is within the same field of endeavor. Harada further teaches a brush head member (Ref. 210, Fig. 2) with a plurality of tufts (Ref. 207, Fig. 2&4) arranged such that the tufts at the most transverse part of the brush head member (Ref. 411, Fig. 4) extend further from the brush head surface than tufts provided at the least transverse part of the brush head member (Ref. 415, Fig. 2-4 show the plurality of tufts towards the most traverse part extending further than the tufts at the least traverse part). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to arrange the plurality of tufts, as taught by Kamemizu as modified, to have the plurality of tufts towards the most traverse part extending further than the tufts at the least traverse part, as taught by Harada, to increase the quantity of bristles that will continuously engage a tooths surface ([Col. 3, Line 20-25]).
Regarding Claim 30, Kamemizu as modified teaches the limitations of claim 1, as described above, but fails to explicitly teach wherein the profile of the brush head member is at least one of concave, convex, tear-drop, or arched. Harada teaches a toothbrush with a curved brush head member and plurality of tufts and can be considered analogous art because it is within the same field of endeavor. Harada further teaches a brush head member (Ref. 210, Fig. 2) with a plurality of tufts (Ref. 207, Fig. 2&4) with a profile that is curved and convex (fig. 2). ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to arrange the plurality of tufts as part of the brush head, as taught by Kamemizu as modified, to be curved and arched, as taught by Harada, to increase the quantity of bristles that will continuously engage a tooths surface ([Col. 3, Line 20-25]).
Claims 14-15 is rejected under 35 U.S.C. 103 as being unpatentable over Kamemizu as modified as applied to claim 1 above, and further in view of Brackin (US 6,345,405, previously presented).
Regarding Claim 14, Kamemizu as modified teaches the limitations of claim 1, as described above, and further teaches a plurality of tufts (51) on the forward surface of the brush head member (Fig. 9). Kamemizu as modified fails to explicitly teach a second plurality of brush heads on the backward surface of the brush head member. Brackin teaches a brush head (Ref. 14 Fig. 1-2) with a first plurality of tufts (Ref. 20, Fig. 1-2) on a forward surface (Ref. 16, Fig. 1) and a second plurality of tufts (Ref. 22, Fig. 1-2) on the backward surface of the brush head member (Ref. 18, Fig. 1) with the first and second tufts extending 180 degrees away from each other ([Col. 3, Lines 20-21]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the head member, as taught by Kamemizu as modified, with a first plurality of tufts to extend 180 degrees away from a second plurality of tufts, as taught by Brackin, to add further functionality of cleaning multiple teeth simultaneously ([Col. 3, Lines 1-2]).
Regarding Claim 15, Kamemizu as modified teaches the limitations of claim 14, as described above, Brackin further teaches the first and second tufts extending 180 degrees from each other. Brackin further teaches wherein the first plurality of tufts are aligned along a first tuft axis (Fig. 2 annotated below, [Col. 3, Lines 15-20] describe the first tufts are perpendicular from the face, note examiner interprets the tuft axis as along the direction or angle the tufts extend in, Brackin) and the second plurality of tufts are aligned along a second tuft axis (Fig. 2 annotated below, [Col. 3, Lines 15-20] describe the first tufts are perpendicular from the face, note examiner interprets the tuft axis as along the direction or angle the tufts extend in, Brackin) and the angle between the first tuft axis and the second tuft axis is in the range from 30 degrees to 280 degrees ([Col. 3, Lines 20-21] describes the tufts extending 180 degrees away from each other, Fig. 2 below, Brackin). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the angle between the first tuft axis and the second tuft axis be 180 degrees to add further functionality of cleaning both the upper and lower teeth simultaneously ([Col. 3, Lines 1-2]).
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Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kamemizu as modified as applied to claims 20 and 22 above, and further in view of Sato (US 5,842,249, previously presented).
Regarding Claim 21, Kamemizu as modified teaches the limitations of claim 20, as described above, but fails to explicitly teach the brush head assembly is configured to be coupled to an electric toothbrush. Sata teaches a toothbrush assembly with a brush head, elongate member, and a handle portion and can be considered analogous art because it is within the same field of endeavor. Sato teaches A brush head assembly (Ref. A2, Fig. 4) configured to be coupled to an elongate member (Ref. 1a&5, Fig. 4) comprising a handle portion (Ref. 5, Fig. 4), wherein the brush head assembly comprises:
a brush head member (Ref. 2, Fig. 4), at least one support member (Ref. 10, Fig. 4), wherein the brush head assembly is configured to be coupled to an electric toothbrush (Fig. 4, Ref. 52 describes a battery powered toothbrush). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the brush head assembly, as taught by Kamemizu as modified, to be coupled to an electric toothbrush, as taught by Sato, to allow for higher efficiency of brushing ([Col. 8, Lines 50-51]).
Regarding Claim 23, Kamemizu as modified teaches the limitations of claim 22, as described above, but fails to explicitly teach wherein the brush head assembly comprises a first mating feature at the brush head assembly coupling and the elongate member comprise a second corresponding mating feature configured to mate to the first mating feature. Sato teaches a toothbrush assembly with a brush head, elongate member, and a handle portion and can be considered analogous art because it is within the same field of endeavor. Sato teaches A brush head assembly (Ref. A2, Fig. 4) configured to be coupled to an elongate member (Ref. 1a&5, Fig. 4) comprising a handle portion (Ref. 5, Fig. 4), wherein the brush head assembly comprises:
a brush head member (Ref. 2, Fig. 4), at least one support member (Ref. 10, Fig. 4), wherein the brush head assembly comprises a first mating feature (Ref. 20,Fig. 4 left side) at the brush head assembly coupling (20) and the elongate member comprise a second corresponding mating feature (Ref. 11, Fig. 4) configured to mate to the first mating feature (Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the brush head assembly and elongate member, as taught by Kamemizu as modified, to have a first mating feature and a second corresponding mating feature, as taught by Sato, to allow for easy replacement of the brush head when worn.
Response to Arguments
Applicant’s amendments to the claims are acknowledged and the previous 35 USC 112(a) and 35 USC 112(b) rejections are withdrawn.
Applicant’s arguments, filed 13 may, 2026, with respect to the rejection(s) of claim(s) 1, 20, and 29-30 under 35 USC 102(a)(1) 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 Meuser. Meuser further teaches a toothbrush product (Fig. 2) with an elongate member (Ref. 5, fig. 2), a brush head member (Fig. 1) comprising tufts (Ref. 1, Fig. 1), and at least one support member (Fig. 2, Ref. 4, left and right legs) comprising a first support member (Ref. 4, Fig. 2, left leg) and a second support member (Ref. 4, Fig. 2, right leg) wherein the brush head member spans the distance between distal portions of the first and second support members (Fig. 2) and wherein the brush head member comprises an apical side edge free of tufts (Fig. 1 shows there is no tufts on the entirety of the right side and left sides of the brush head member). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the brush member, as taught by Kamemizu, with the brush member comprising an apical side edge free of tufts, as taught by Meuser, to achieve the predictable result of allow the cleaning of interdental spaces and allowing easy and more effective cleaning without risk of injury to the gums ([0013-0014]). If applicant intended for the bristles to ONLY be in a lateral direction in a side profile such a limitation is not required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Father (5,331,983) and Chun (2014/0366903) teach interdental cleaning tools with a brush head and at least one support member and can be considered analogous art because they are within the same field of endeavor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA L POON whose telephone number is (571)272-6164. The examiner can normally be reached on General: 6:30AM-3:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, David Posigian can be reached on (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppairmy.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANA LEE POON/Examiner, Art Unit 3723
Prosecution Insights