DETAILED ACTION
PORTABLE TONGUE SCRAPER ASSEMBLY
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 .
Response to Amendment
The amendments filed 04-07-2025 has been entered. Claims 1,3-10 are currently pending and have been examined. Claim 2 has been cancelled. Applicant’s amendments overcome the claim objection previously set forth in the Non-Final Office action mailed 03-05-2025. The previous rejection has been updated due to applicant’s amendments.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1,3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwen (US20050048439A1) in view of Culbreth (US6408477B1).
Regarding claim 1, Gwen teaches
a housing (12, figures 1-6) having a slot (24, figures 1-3; para 0028-0030,0034) extending into an interior of said housing (figures 1- 3); a tongue scraper (14, figures 1-6) being pivotally disposed in said housing, said tongue scraper (14, figures 1-6) being positionable in a deployed position (figure 4) having said tongue scraper extending upwardly from said housing, said tongue scraper being positionable in a stored position (figure 3) having said tongue scraper being stored within said housing having said tongue scraper being pivoted through said slot in said housing; and a closure (26, figures 1-6) being pivotally disposed on said housing, said closure being positionable in a closed position (figure 2) when said tongue scraper is in said stored position having said closure closing said slot for enclosing said tongue scraper, said closure being positionable in an open position having said slot being exposed thereby facilitating said tongue scraper to be positioned in said deployed position (figure 1); wherein said housing has a front wall (30, figures 1 and 3), a back wall (32, figures 1 and 3) and an outer wall (38, figures 2-3) extending between said front wall and said back wall, said outer wall having a top side, a bottom side and a first lateral side (figure 1), said housing being elongated between said top side and said bottom side, said slot (24, figure 1) extending through said first lateral side, said slot extending through a substantial width of said top side;
wherein said tongue scraper has a stem (22, figures 1-3) and a head (see annotated figure below), said stem having a distal end with respect to said head (figures 1-3), said stem extending outwardly through said slot in said top side of said outer wall of said housing when said tongue scraper is in said deployed position (figures 1-3) such that said head of said tongue scraper is exposed, said stem and said head being concealed within said housing when said tongue scraper is in said stored position (figure 2), said stem and said head having planar and parallel forward and rearward surfaces (figure 4, annotated figure below);
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However, Gwen fails to teach said head having a scraping pad being applied to said forward surface of said head.
Culbreth teaches a dental device (abstract) that has head that includes a scraping pad being applied to said head (30, figure 8; col 4 lines 48-56) being applied to said forward surface of said head.
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Gwen’s device to include a head that has a scraping pad being applied to forward surface of said head. This modification would ensure the device of Gwen has material that allows the head to be moved around easily in the mouth of a user to remove food particles. (see col 1 lines 56-60 and col 4 lines 46-57 of Culbreth)
Regarding claim 3, modified Gwen teaches wherein said head has a first sidelong side (see annotated figure 4 below), a second sidelong side and an upper side, each of said first sidelong side and said second sidelong side angling outwardly between said stem and said upper side such that said head has a trapezoidal shape oriented wider at a distal end (see annotated figure 4 above and below) of said head relative to said stem, said head having the scraping pad being applied to a said scraping pad having a perimeter edge (see Colberth 30, figure; col 4 lines 48-56) which follows the shape defined by said first sidelong side and said second sidelong side and said upper side of said head. (see annotated figure 4).
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Regarding claim 4, modified Gwen teaches a first pin (see Gwen 16, figure 4; para 0028-0037) extending through each of said front wall and said back wall of said housing and said stem of said tongue scraper for pivotally attaching said tongue scraper to said housing, said first pin engaging said stem at a point located adjacent to said distal end of said stem (see Gwen 16, figures 1 and 4; para 0028-0037).
Regarding claim 5, modified Gwen teaches said closure (see Gwen 26, figures 1 and 2) has an upper end and a lower end; said closure has a leg (see annotated figure below) extending away from said lower end and a foot extending upwardly from said leg (see annotated figure below) having said foot being oriented parallel with said closure;
said closure has a tab (see Gwen para 0037-0040) extending laterally away from said upper end having said tab being oriented parallel with said leg; said tab has a lobe (46, figure 4) extending upwardly from said tab adjacent to a distal end of said tab; said tab extends into said slot in said top side of said outer wall of said housing when said closure is in said closed position having said closure extending along said slot in said first lateral side of said outer wall of said housing when said closure is in said closed position (see Gwen para 0037-0039); said tab is displaced from said slot in said top side having said closure being displaced from said slot in said first lateral side when said closure is in said open position; and said lobe extends upwardly from said top side of said outer wall when said closure is in said closed position thereby facilitating said lobe to be gripped for urging said closure into said open position (see Gwen para 0030-0039).
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Regarding claim 6, modified Gwen teaches wherein an upper edge of said leg (see annotated figure above) is concavely arcuate between said closure (see Gwen para 0030-0039) and said foot thereby conforming to said upper side of said head when said tongue scraper is in said stored position and said closure is in said closed position;
Regarding claim 7, modified Gwen teaches wherein said foot (see annotated figure above) urges said head outwardly through said slot when said closure is urged into said open position thereby facilitating said tongue scraper to be gripped for fully positioning said tongue scraper in said deployed position (see Gwen para 0030-0039, figures 1-4 ).
Regarding claim 8, modified Gwen teaches a first pin (see Gwen 16, figure 4) extending through each of said front wall and said back wall of said housing and said stem of said tongue scraper for pivotally attaching said tongue scraper to said housing, said first pin engaging said stem at a point located adjacent to said distal end of said stem (see Gwen 16, figures 1 and 4); and a second pin (see Gwen 28, figures 1-6) extending through said front wall and said back wall and said closure at an intersection between said leg and said closure for pivotally attaching said closure to said housing (see Gwen para 0028-0039).
Regarding claim 9, Gwen teaches
a housing (12, figures 1-6) having a slot (24, figures 1-3; para 0028-0030, 0034) extending into an interior of said housing (figures 1-3), said housing having a front wall (30, figures 1 and 3), a back wall (32, figures 1 and 3) and an outer wall (38, figures 2-3) extending between said front wall and said back wall, said outer wall having a top side (figure 1), a bottom side (figures 1-3) and a first lateral side (see para 0029) said housing being elongated between said top side and said bottom side, said slot (see 24, figure 1)extending through said first lateral side, said slot extending through a substantial width of said top side; a tongue scraper (14, figures 1-3) being pivotally disposed in said housing, said tongue scraper being positionable in a deployed position having said tongue scraper extending upwardly from said housing, said tongue scraper being positionable in a stored position having said tongue scraper being stored within said housing having said tongue scraper being pivoted through said slot in said housing, said tongue scraper having a stem (22, figures 1-3) and a head (see annotated figure below), said stem and said head having planar and parallel forward and rearward surfaces (figure 4), said stem having a distal end with respect to said head, said stem extending outwardly through said slot in said top side of said outer wall of said housing when said tongue scraper is in said deployed position such that said head of said tongue scraper is exposed, said stem and said head being concealed within said housing when said tongue scraper is in said stored position (figures 1-4), said head having a first sidelong side (see annotated figure below), a second sidelong side and an upper side, each of said first sidelong side and said second sidelong side angling outwardly between said stem and said upper side such that said head (see annotated figure below) has a trapezoidal shape oriented wider at a distal end of said head relative to said stem (see annotated figures below and above), said head having;
a first pin (see Gwen 16, figure 4; para 0028-0037) extending through each of said front wall and said back wall of said housing and said stem of said tongue scraper for pivotally attaching said tongue scraper to said housing, said first pin engaging said stem at a point located adjacent to said distal end of said stem (see Gwen 16, figures 1 and 4; para 0028-0037); a closure (26, figures 1-6) being pivotally disposed on said housing, said closure being positionable (figure 2) in a closed position when said tongue scraper is in said stored position having said closure closing said slot for enclosing said tongue scraper, said closure being positionable in an open position having said slot being exposed thereby facilitating said tongue scraper to be positioned in said deployed position (figure 1), said closure having an upper end and a lower end (see 26, figures 1-4), said closure having a leg extending away from said lower end and a foot (see annotated figure below) extending upwardly from said leg having said foot being oriented parallel with said closure, said closure having a tab (see Gwen para 0037-0040) extending laterally away from said upper end having said tab being oriented parallel with said leg, said tab having a lobe (46, figure 4) extending upwardly from said tab adjacent to a distal end of said tab, said tab extending into said slot in said top side of said outer wall of said housing when said closure is in said closed position having said closure extending along said slot in said first lateral side of said outer wall of said housing when said closure is in said closed position (see Gwen para 0037-0039), said tab being displaced from said slot in said top side having said closure being displaced from said slot in said first lateral side when said closure is in said open position (see Gwen para 0030-0039), said lobe extending upwardly from said top side of said outer wall when said closure is in said closed position thereby facilitating said lobe to be gripped for urging said closure into said open position (see Gwen para 0030-0039), an upper edge of said leg being concavely arcuate between said closure (see annotated figure below and Gwen para 0030-0039) and said foot thereby conforming to upper side of said head when said tongue scraper is in said stored position and said closure is in said closed position (see figure 3), said foot urging said head outwardly through said slot when said closure is urged into said open position thereby facilitating said tongue scraper to be gripped for fully positioning said tongue scraper in said deployed position; and a second pin (see Gwen 28, figures 1-6) extending through said front wall and said back wall and said closure at an intersection between said leg and said closure for pivotally attaching said closure to said housing (see Gwen para 0025-0039).
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However, Gwen fails to teach a scraping pad being applied to said forward surface of said head, said scraping pad having a perimeter edge which follows the shape defined by said first sidelong side and said second sidelong side and said upper side of said head.
Culbreth teaches a dental device (abstract) that has head that includes a scraping pad being applied to said head (30, figure 8) having a scraping pad (col 4 lines 48-56) being applied to said forward surface of said head.
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Gwen’s device to include a head that has a scraping pad being applied to forward surface of said head. This modification would ensure the device of Gwen has material that allows the head to be moved around easily in the mouth of a user to remove food particles. (see col 1 lines 56-60 and col 4 lines 46-57 of Culbreth)
Regarding claim 10, modified Gwen teaches
top side of said outer wall of said housing (see 12, figure 1) has an opening extending into an interior of said housing (figure 4); and said tongue scraper includes a mating unit (see Gwen para 0037) being attached to said distal end of said stem, said mating unit includes a block (see Gwen 76, figure 4) extending between an upper lobe and a lower lobe, said distal end of said stem being attached to an upper edge of said upper lobe, said lower lobe being insertable into said opening in said top side of said outer wall of said housing having said block resting against said top side when said tongue scraper is positioned in said deployed position, said head and said stem being extended through said opening having said upper lobe being inserted into said opening said top side of said outer wall of said housing when said tongue scraper is positioned in said stored position (see Gwen para 0030-0039; figures 1-6).
Response to Arguments
Applicant’s arguments see filed 04-07-2025, with respect to the
rejection(s) of claim(s) 1 and 9 their dependent claims under 35 U.S.C.102 have been fully considered but are moot because the new ground of rejection (as necessitated by
amendment) relies on a different combination of prior art references, not applied in the
prior rejection of record to teach the amendments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xiang (CN-203618997-U) teaches a portable toothbrush.
Campbell (GB2085717A) teaches toothbrush device with elongate toothpaste container.
Brown (US 5423427 A) teaches a dental travel pack.
Cessari (US 4759381) teaches a portable toothbrush with a toothpaste container.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH AKYAA FORDJOUR whose telephone number is (571)272-0390. The examiner can normally be reached Monday - Thursday 9:30am - 5:30pm and Friday 6:00am-3:00pm.
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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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/SARAH AKYAA FORDJOUR/ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723