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 .
Specification
The disclosure is objected to because of the following informalities:
Page 8, line 14 of the specification states “Fig. 2A”, however there is no figure 2A in the drawings.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 16 and 30 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Herman (USPN 3242516).
Herman teaches a power toothbrush comprising; a central frame (15), said central frame having at least one motor (34); each said at least one motor rotating a central shaft (38), said central shaft enabling rotation of second shaft (37a) in a direct connection using a rotating loop (39); said second shaft rotationally held within a first elevational arm (22) said first elevational arm projecting out of said central frame wherein said second shaft having a first end (figure 6, where 37a meets 67) and a second end (figure 6; element 58); wherein a first end of said second shaft held within said first elevational arm, and wherein a length of said second shaft between said first end and said second end serving as a spindle for said at least one wheel (42); and at least one drum (57) mounting on said length, a plurality of bristles (53) projecting outwardly from an outward surface of said at least one drum.
With regards to claim 16, the at least one motor configured to enable continues rotation of said central shaft.
With regards to claim 30, each said at least one drum supports a plurality of rows of bristles, wherein each such row of said bristles on any single at least one drum may be removed and replaced (the drum including the bristle, can be replaced when worn).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herman (‘516) in view of Sohn (PGPub 20190247172).
Herman teaches all the essential elements of the claimed invention however fails to teach a controller. Sohn teaches a toothbrush with a motor and a controller (560). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Herman so that it comprises a controller as taught by Sohn to control the rotating speed of the motor.
Allowable Subject Matter
Claims 2-8, 10-15, 17-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 includes the limitation of said first base wall supporting said first elevational arm and a second elevational arm, said first and said second elevational arms being in a parallel and spaced apart orientation with each other, separated by said first base wall, said first base wall extending laterally in the a first direction and in a second direction from said first and said first second elevational arms; wherein distal ends of said first base wall in said first direction and in said second direction being in parallel and spread apart association with each other; wherein a first segment of said second shaft extending from said first elevational arm until a terminal point along said first direction of said first base wall; wherein a second segment of said second shaft extending from said first elevational arm until a terminal point along said second direction of said first base wall; wherein a first segment of a third shaft extending from said second elevational arm until a terminal point along said first direction of said first base wall; wherein a second segment of said third shaft extending from said second elevational arm until a terminal point along said second direction of said first base wall; said second frame having a second base wall; said second base wall supporting a third elevational arm and a fourth elevational arm, said third and said fourth elevational arms being in a parallel and spaced apart orientation with each other, separated by said second base wall, said second base wall extending laterally in a first direction and in a second direction from said third and said fourth elevational arms; wherein distal ends of said second base wall in said first direction and in said second direction of said second base wall being in parallel and spread apart association with each other; wherein a first segment of a fourth shaft extending from said third elevational arm until a terminal point along said first direction of said second base wall; wherein a second segment of said fourth shaft extending from said third elevational arm until a terminal point along said second direction of said second base wall; wherein a first segment of a fifth shaft extending from said fourth elevational arm until a terminal point along said first direction of said second base wall; wherein a second segment of said fifth shaft extending from said fourth elevational arm until a terminal point along said second direction of said second base wall.
None of the prior art teach these limitations, nor would it have been obvious to modify the prior art to achieve the claimed invention. Thus, the claims are free from the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/Primary Examiner, Art Unit 3723