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 § 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, 2, 10-13, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20170003683 U (herein KR ‘683, see also English translation).
Regarding claim 1, KR ‘683 discloses toothbrush head comprising: a base (20) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figure 2 the length is the long vertical dimension of base 20 and the width is horizontal dimension of base 20), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (see Figures, proximal end is end of 20 nearest handle 30); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (bristles 11, in groupings 21, 22, 23, see Figures), the plurality of bristles arranged in a bristle pattern comprising: a first bristle region having a first bristle core and a first outer bristle layer disposed at least partially around the first bristle core (see marked up Figure 2 below), the first bristle core having a first core contact surface as viewed in a cross-sectional side plane defined by the bristle direction and the longitudinal direction (Figure 1, the surface of the bristles of the first bristle core); a second bristle region disposed proximal the first bristle region, the second bristle region having a second bristle core and a second outer bristle layer disposed at least partially around the second bristle core (see marked up Figure 2 below), the second bristle core having a second core contact surface as viewed in the cross-sectional side plane (Figure 1, the surface of the bristles of the second bristle core); and a transition region between the first and second bristle regions (see marked up Figure 2 below), wherein, as viewed in a top plane defined by the longitudinal direction and the transverse direction, the first bristle region has a first convex outer boundary, the second bristle region has a second convex outer boundary, and the transition region comprises an inflection between the first and second convex outer boundaries (Figure 2).
[AltContent: ][AltContent: textbox (This line generally marks convex outer boundaries of the first and second bristle regions)][AltContent: arrow][AltContent: connector][AltContent: ][AltContent: textbox (second outer bristle layer, five trapezoidal tufts at bottom of the “S-shape”)][AltContent: textbox (second bristle core, any round tuft within second outer bristle layer)][AltContent: arrow][AltContent: arrow][AltContent: textbox (first bristle core, any round tuft within first outer bristle layer)][AltContent: arrow][AltContent: textbox (first outer bristle layer, five trapezoidal tufts at top of the “S-shape”)][AltContent: textbox (second bristle region)][AltContent: textbox (first bristle region)][AltContent: textbox (transition region)][AltContent: arrow][AltContent: ][AltContent: ][AltContent: ]
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Regarding claim 2, the first core contact surface is non-concave and the second core contact surface is non-concave (Figure 1, the contact surfaces appear flat).
Regarding claim 10, as viewed in a top plane (Figure 2), the first bristle region has a first concave inner boundary, the second bristle region has a second concave inner boundary (Figure 2, boundaries complementary to the outer boundaries in marked up Figure 2 along the inner curve of the “S-shape”).
Regarding claim 11, the first convex outer boundary is continuous with the second concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 2), wherein the second convex outer boundary is continuous with the first concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 2).
Regarding claim 12, the bristle pattern comprises a brace-receiving recess extending along the longitudinal direction (recesses between tufts 11 along the length/longitudinal direction, Figure 2).
Regarding claim 13, KR ‘683 discloses a toothbrush head comprising: a base (20) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figure 2 the length is the long vertical dimension of base 20 and the width is horizontal dimension of base 20), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (proximal portion is nearest handle 30, the distal portion is the opposite portion); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (bristles 11, in groupings 21, 22, 23, see Figures), the plurality of bristles arranged in a bristle pattern comprising: a first central occlusal surface cleaning region extending from the distal portion (see marked up Figure 2, corresponds to the first bristle core); a first annular section at least partially surrounding the first central occlusal surface cleaning region (see marked up Figure 2, corresponds to the first outer bristle layer), the first annular section configured to overlap at least buccal and lingual surfaces of a first tooth in use (annular section capable of overlapping at least buccal and lingual surfaces depending on use and user’s oral geometry); a second central occlusal surface cleaning region extending from the proximal portion (see marked up Figure 2, corresponds to the second bristle core); a second annular section at least partially surrounding the second central occlusal surface cleaning region (see marked up Figure 2, corresponds to the second outer bristle layer), the second annular section configured to overlap at least buccal and lingual surfaces of a second tooth in use, the first tooth being distal the second tooth (annular section capable of overlapping at least buccal and lingual surfaces depending on use and user’s oral geometry).
Regarding claim 20, as viewed in a top plane (Figure 2), the first bristle region has a first concave inner boundary, the second bristle region has a second concave inner boundary (Figure 2, boundaries complementary to the outer boundaries in marked up Figure 2 along the inner curve of the “S-shape”), the first convex outer boundary is continuous with the second concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 2), wherein the second convex outer boundary is continuous with the first concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 2).
Claim(s) 1, 9-11, 13, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strahler et al., US 11,219,303.
Regarding claim 1, Strahler et al. disclose a toothbrush head (particularly the ones shown in Figure 35 and 55) comprising: a base (5) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figures 35 and 55, the length is the long vertical dimension of base 5 and the width is horizontal dimension of base 5), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (see Figures, proximal end is end of 5 nearest handle 3); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (in Figure 35, bristles include those of A3 and A5; in Figure 55, bristles of A1, A2, A3), the plurality of bristles arranged in a bristle pattern comprising: a first bristle region having a first bristle core and a first outer bristle layer disposed at least partially around the first bristle core (see marked up Figures 35 and 55 below), the first bristle core having a first core contact surface as viewed in a cross-sectional side plane defined by the bristle direction and the longitudinal direction (the upper surface of the bristles of the first bristle core); a second bristle region disposed proximal the first bristle region, the second bristle region having a second bristle core and a second outer bristle layer disposed at least partially around the second bristle core (see marked up Figures 35 and 55 below), the second bristle core having a second core contact surface as viewed in the cross-sectional side plane (the upper surface of the bristles of the second bristle core); and a transition region between the first and second bristle regions (see marked up Figures 35 and 55 below), wherein, as viewed in a top plane defined by the longitudinal direction and the transverse direction, the first bristle region has a first convex outer boundary, the second bristle region has a second convex outer boundary, and the transition region comprises an inflection between the first and second convex outer boundaries (Figures 35 and 55).
[AltContent: textbox (first gap)][AltContent: textbox (first outer bristle layer, at top of the “S-shape”)][AltContent: textbox (first outer bristle layer, at A2)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (second gap)][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: textbox (transition region)][AltContent: arrow][AltContent: textbox (2nd bristle region)][AltContent: ][AltContent: ][AltContent: textbox (1st bristle region)][AltContent: textbox (second bristle core, A1, unlabeled)][AltContent: arrow][AltContent: textbox (second outer bristle layer, at A2)][AltContent: textbox (transition region at A3 or S)][AltContent: textbox (first bristle core, at A1)][AltContent: textbox (second outer bristle layer, at bottom of the “S-shape”)][AltContent: arrow][AltContent: textbox (second bristle core, any round tuft within second outer bristle layer)][AltContent: textbox (first bristle core, any round tuft within first outer bristle layer)][AltContent: arrow][AltContent: arrow]
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Regarding claim 9, there is a first gap between the first bristle core and the first outer bristle layer (see marked up Figure 35), the first gap being greater than a maximum spacing between two adjacent bristles in the plurality of bristles (in that the bristles of the round tufts are planted close together, see column 9 lines 46-65, column 10 lines 12-21 and lines 57-67); and a second gap between the second bristle core and the second outer bristle layer (see marked up Figure 35), the second gap being greater than the maximum spacing between two adjacent bristles in the plurality of bristles (in that the bristles of the round tufts are planted close together, see column 9 lines 46-65, column 10 lines 12-21 and lines 57-67).
Regarding claim 10, as viewed in a top plane (Figures 35 and 55), the first bristle region has a first concave inner boundary, the second bristle region has a second concave inner boundary (Figures 35 and 55).
Regarding claim 11, the first convex outer boundary is continuous with the second concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 35), wherein the second convex outer boundary is continuous with the first concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 35).
Regarding claim 13, Strahler et al. disclose a toothbrush head comprising: a base (5) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figures 35 and 55, the length is the long vertical dimension of base 5 and the width is horizontal dimension of base 5), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (proximal portion is nearest handle 3, the distal portion is the opposite portion); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (in Figure 35, bristles include those of A3 and A5; in Figure 55, bristles of A1, A2, A3), the plurality of bristles arranged in a bristle pattern comprising: a first central occlusal surface cleaning region extending from the distal portion (see marked up Figures 35 and 55, corresponds to the first bristle core); a first annular section at least partially surrounding the first central occlusal surface cleaning region (see marked up Figures 35 and 55, corresponds to the first outer bristle layer), the first annular section configured to overlap at least buccal and lingual surfaces of a first tooth in use (annular section capable of overlapping at least buccal and lingual surfaces depending on use and user’s oral geometry); a second central occlusal surface cleaning region extending from the proximal portion (see marked up Figures 35 and 55, corresponds to the second bristle core); a second annular section at least partially surrounding the second central occlusal surface cleaning region (see marked up Figures 35 and 55, corresponds to the second outer bristle layer), the second annular section configured to overlap at least buccal and lingual surfaces of a second tooth in use, the first tooth being distal the second tooth (annular section capable of overlapping at least buccal and lingual surfaces depending on use and user’s oral geometry).
Regarding claim 20, viewed in a top plane (Figures 35 or 55), the first annular section has a first convex outer boundary and a first concave inner boundary (see marked up Figures 35 and 55, at the top of the S-shape in Figure 35 or the top of the droplet shape in Figure 55), and the second annular section has a second convex outer boundary and a second concave inner boundary (see marked up Figures 35 and 55, at the bottom of the S shape in Figure 35 or the bottom droplet shape in Figure 55) the first convex outer boundary is continuous with the second concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 35), wherein the second convex outer boundary is continuous with the first concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 35).
Claim(s) 13-15, 17-19, and 21-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Geiberger et al., US 9,826,822.
Regarding claim 13, Geiberger et al. disclose a toothbrush head comprising: a base (10, 50) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figure 5, the length is the long vertical dimension of base 50 and the width is horizontal dimension of base 50), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (proximal portion is nearest handle 51, the distal portion is the opposite portion); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (bristles includes tufts 56-59, 60, 510-515), the plurality of bristles arranged in a bristle pattern comprising: a first central occlusal surface cleaning region extending from the distal portion (see marked up Figure 5); a first annular section at least partially surrounding the first central occlusal surface cleaning region (see marked up Figure 5), the first annular section configured to overlap at least buccal and lingual surfaces of a first tooth in use (annular section capable of overlapping at least buccal and lingual surfaces depending on use and user’s oral geometry); a second central occlusal surface cleaning region extending from the proximal portion (see marked up Figure 5); a second annular section at least partially surrounding the second central occlusal surface cleaning region (see marked up Figure 5), the second annular section configured to overlap at least buccal and lingual surfaces of a second tooth in use, the first tooth being distal the second tooth (annular section capable of overlapping at least buccal and lingual surfaces depending on use and user’s oral geometry).
[AltContent: textbox (second central occlusal surface cleaning region, second bristle core)][AltContent: textbox (second annular section, second outer bristle layer)][AltContent: textbox (first central occlusal surface cleaning region, first bristle core)][AltContent: textbox (first annular section, first outer bristle layer)][AltContent: textbox (transition region)][AltContent: textbox (second bristle region)][AltContent: textbox (first bristle region)][AltContent: arrow][AltContent: oval][AltContent: arrow][AltContent: oval][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: ][AltContent: ]
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Regarding claim 14, the first annular section comprises a first outer bristle layer and the second annular section comprises a second outer bristle layer (see marked up Figure 5), the plurality of bristles comprising a first peak in the first outer bristle layer (at 63, Figures 5-6), a second peak in a transition region between the first and second outer bristle layers (at 62, Figures 5-6), and a third peak in the second outer bristle layer (at 61, Figures 5-6).
Regarding claim 15, the plurality of bristles comprise a first valley between he first and second peaks (at 85 in Figure 6) and a second valley between the second and third peaks (at 64 in Figure 6).
Regarding claim 17, the first and second annular sections connect at the second peak (via the transition region, see Figures 5-6).
Regarding claim 18, wherein the first central occlusal surface cleaning region comprises a first bristle core (one of tufts 514) having a first non-concave core contact surface (slightly convex at 63 in Figure 6) and the second central occlusal surface cleaning region comprises a second bristle core (one of tufts 515) having a second non-concave core contact surface (one of slightly convex at 61 in Figure 6).
Regarding claim 19, there is a first gap between the first bristle core and the first outer bristle layer (Figure 5), the first gap being greater than a maximum spacing between two adjacent bristles in the plurality of bristles (in that the bristles are mounted into tufts so that the bristles are spaced close together, as seen in Figure 6, see Figure 5 where the gap is greater than a distance between bristles would be), and a second gap between the first bristle core and the second outer bristle layer (Figure 5), the second gap being greater than a maximum spacing between two adjacent bristles in the plurality of bristles (in that the bristles are mounted into tufts so that the bristles are spaced close together, as seen in Figure 6, see Figure 5 where the gap is greater than a distance between bristles would be).
Regarding claim 21, Geiberger et al. disclose a toothbrush head comprising: a base (50) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figure 5, the length is the long vertical dimension of base 50 and the width is horizontal dimension of base 50), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (proximal portion is nearest handle 51, the distal portion is the opposite portion); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (Figures 5-6, bristles includes tufts 56-59, 60, 510-515), the plurality of bristles arranged in a bristle pattern comprising: a first bristle region having a first bristle core and a first outer bristle layer disposed at least partially around the first bristle core (see marked up Figure 5), the first outer bristle layer shaped to clean at least convex side surfaces of at least a first tooth (the first outer bristle layer shaped and capable of cleaning at least convex side surfaces of a tooth, Figures 5-6), the first bristle core shaped to clean at least occlusal surfaces of the first tooth (the first bristle core shaped and capable of cleaning at least occlusal surfaces of a tooth, Figures 5-6); a second bristle region having a second bristle core and a second outer bristle layer disposed at least partially around the second bristle core (see marked up Figure 5), the second outer bristle layer shaped to clean at least convex side surfaces of at least a second tooth (the second outer bristle layer shaped and capable of cleaning at least convex side surfaces of a tooth, Figures 5-6), the second bristle core shaped to clean at least occlusal surfaces of the second tooth (the second bristle core shaped and capable of cleaning at least occlusal surfaces of a tooth, Figures 5-6); and a transition region between the first bristle region and a second bristle region (see marked up Figure 5), wherein plurality of bristles has a first peak in the first bristle region proximate the distal portion of the base (at 63, Figure 6), a second peak in the transition region (at 62, Figure 6), and a third peak in the second bristle region proximate the proximal portion of the base (at 61, Figure 6).
Regarding claim 22, the transition region comprises an inflection between the first region and second bristle regions (inflection is defined as “a change in curvature of an arc or curve from concave to convex or conversely” according to www.merriam-webster.com and in Figure 6 following a path of the first outer bristle layer to an outer bristle layer in a transition section there is an inflection near where the line marked at reference number 54).
Regarding claim 23, the plurality of bristles comprise a first valley between he first and second peaks (at 85 in Figure 6) and a second valley between the second and third peaks (at 64 in Figure 6).
Regarding claim 24, wherein the first bristle region comprises a first bristle core (one of tufts 514) having a first non-concave core contact surface (slightly convex at 63 in Figure 6) and the second bristle region comprises a second bristle core (one of tufts 515) having a second non-concave core contact surface (one of slightly convex at 61 in Figure 6).
Regarding claim 25, there is a first gap between the first bristle core and the first outer bristle layer (Figure 5), the first gap being greater than a maximum spacing between two adjacent bristles in the plurality of bristles (in that the bristles are mounted into tufts so that the bristles are spaced close together, as seen in Figure 6, see Figure 5 where the gap is greater than a distance between bristles would be), and a second gap between the first bristle core and the second outer bristle layer (Figure 5), the second gap being greater than a maximum spacing between two adjacent bristles in the plurality of bristles (in that the bristles are mounted into tufts so that the bristles are spaced close together, as seen in Figure 6, see Figure 5 where the gap is greater than a distance between bristles would be).
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.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20170003683 U (KR ‘683, see also English translation) in view of Gotjamanos, WO 97/25898.
KR ‘683 discloses all elements previously discussed above and discusses that the plurality of bristles have contact surfaces that are planar (see English translation). Regarding claim 3, KR ‘683 fails to disclose that the plurality of bristles comprise first, second and third peaks disposed in the first outer bristle layer, the transition region, and second outer bristle layer respectively.
Regarding claim 3, Gotjamanos teaches a toothbrush head (11) comprising a plurality of bristles (13) arranged in a grouping near a distal portion of the base (leftmost grouping as oriented in Figure 1, incorporates the leftmost portion of 16), a central portion of the base (grouping of bristles around 17 in Figure 1), and at a proximal portion of the base ( rightmost grouping as oriented in Figure 1, incorporates the rightmost portion of 15), these bristles comprise a first peak disposed at the distal portion of the base (leftmost peak, Figures 1 and 6), a second peak disposed at the central portion of the base (17), and a third peak at the proximal portion of the base (rightmost peak, Figures 1 and 6). Regarding claim 4, there is a first valley between the first and second peaks and a second valley disposed between the second and third peaks (Figures 1 and 6). Gotjamanos teaches by having first, second, and third peaks at the proximal, central, and distal portions allows the bristles to better clean the sides and embrasures of teeth than toothbrushes with bristle contacting surfaces that are planar (page 1 lines 3-6, 10-28, page 5 line 12 to page 6 line 19; Figure 7).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the planar bristle surfaces and contact surfaces of KR ‘683 so that the plurality of bristles comprises a first peak disposed in the first outer bristle layer proximate the distal portion of the base, a second peak disposed in the transition region, and a third peak disposed in the second outer bristle layer proximate the proximal portion of the base, as taught by Gotjamanos, so that the plurality of bristles can better clean the sides and embrasure areas of the teeth resulting in improved cleaning of teeth.
Claim(s) 21-24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20170003683 U (KR ‘683, see also English translation) in view of Gotjamanos, WO 97/25898.
KR ‘683 discloses all elements previously discussed above with particular attention to marked up Figure 2 on page 4 of this Office Action. In particular, regarding claim 21, KR ‘683 disclose a toothbrush head comprising: a base (20) having a width along a transverse direction of the toothbrush head and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (as oriented in Figure 2, the length is the long vertical dimension of base 20 and the width is horizontal dimension of base 20), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (proximal portion is nearest handle 30, the distal portion is the opposite portion); and a plurality of bristles extending from the base along a bristle direction of the toothbrush head that is non-parallel to the longitudinal direction and the transverse direction (bristles 11, in groupings 21, 22, 23, see Figures), the plurality of bristles arranged in a bristle pattern comprising: a first bristle region having a first bristle core and a first outer bristle layer disposed at least partially around the first bristle core (see marked up Figure 2), the first outer bristle layer shaped to clean at least convex side surfaces of at least a first tooth (the first outer bristle layer shaped and capable of cleaning at least convex side surfaces of a tooth, see marked up Figure 2), the first bristle core shaped to clean at least occlusal surfaces of the first tooth (the first bristle core shaped and capable of cleaning at least occlusal surfaces of a tooth, see marked up Figure 2); a second bristle region having a second bristle core and a second outer bristle layer disposed at least partially around the second bristle core (see marked up Figure 2), the second outer bristle layer shaped to clean at least convex side surfaces of at least a second tooth (the second outer bristle layer shaped and capable of cleaning at least convex side surfaces of a tooth, see marked up Figure 2), the second bristle core shaped to clean at least occlusal surfaces of the second tooth (the second bristle core shaped and capable of cleaning at least occlusal surfaces of a tooth, see marked up Figure 2); and a transition region between the first bristle region and a second bristle region (see marked up Figure 2).
Regarding claim 22, the transition region comprises an inflection between the first region and second bristle regions (see Figure 2, inflection within the “S-shape”).
Regarding claim 24, wherein the first bristle region comprises a first bristle core (see marked up Figure 2) having a first non-concave core contact surface (outer perimeter of bristle core as contact surface, Figure 1) and the second bristle region comprises a second bristle core (see marked up Figure 2) having a second non-concave core contact surface (outer perimeter of bristle core as contact surface, Figure 1).
Regarding claim 26, in a top plane the first outer bristle layer has a first convex outer boundary and a first concave inner boundary (the inner and outer boundary at the top of the S-shape in Figure 2), and the second outer bristle layer has a second convex outer boundary and a second concave inner boundary (the outer and inner boundary at the bottom of the S-shape I Figure 2), the first convex outer boundary is continuous with the second concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 2), wherein the second convex outer boundary is continuous with the first concave inner boundary (in that the bristle regions form a continuous S-shape in Figure 2).
KR ‘683 discusses that the plurality of bristles have contact surfaces that are planar (see English translation), but in claim 21 fails to disclose that the plurality of bristles has a first peak in the first bristle region proximate the distal portion of the base, a second peak in the transition region, and a third peak in the second bristle region proximate the proximal portion of the base.
Regarding claim 21, Gotjamanos teaches a toothbrush head (11) comprising a plurality of bristles (13) arranged in a grouping near a distal portion of the base (leftmost grouping as oriented in Figure 1, incorporates the leftmost portion of 16), a central portion of the base (grouping of bristles around 17 in Figure 1), and at a proximal portion of the base ( rightmost grouping as oriented in Figure 1, incorporates the rightmost portion of 15), these bristles comprise a first peak disposed at the distal portion of the base (leftmost peak, Figures 1 and 6), a second peak disposed at the central portion of the base (17), and a third peak at the proximal portion of the base (rightmost peak, Figures 1 and 6). Regarding claim 23, there is a first valley between the first and second peaks and a second valley disposed between the second and third peaks (Figures 1 and 6). Gotjamanos teaches by having first, second, and third peaks at the proximal, central, and distal portions allows the bristles to better clean the sides and embrasures of teeth than toothbrushes with bristle contacting surfaces that are planar (page 1 lines 3-6, 10-28, page 5 line 12 to page 6 line 19; Figure 7).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of bristles of KR ‘683 so that the plurality of bristles has a first peak in the first bristle region proximate the distal portion of the base, a second peak in the transition region, and a third peak in the second bristle region proximate the proximal portion of the base, as taught by Gotjamanos, so that the plurality of bristles can better clean the sides and embrasure areas of the teeth resulting in improved cleaning of teeth.
Allowable Subject Matter
Claims 5-8 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: None of the prior art made of record discloses, teaches, or suggests the invention of claims 5-8. Neither KR ‘683 and Strahler et al. teach a first core contact surface with one or more bristles that are shorter than bristles at the first and second peaks but longer than bristles at the first valley in the bristle direction and a second core contact surface comprising one or more bristles that are shorter than bristles at the second and third peaks but longer than bristles at the second valley in the bristle direction. Also neither KR ‘683 and Strahler et al. teach that the first bristle region comprises a brushing surface comprising the first core contact surface and defined at least in part by distal ends of the plurality of bristles in the first outer bristle layer, wherein the brush surface has a first curvature at a distal end region and a second curvature at an inner region between the distal end region and the transition region, the second curvature being greater than the first curvature. Strahler et al. teach embodiments (Figures 98a-98b) where core contact surfaces are longer than bristles within valleys (between peaks), however these core contact surfaces are not shorter than bristles at peaks.
Conclusion
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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