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 Objections
Claims 16 and 24 are objected to because of the following informalities:
Claim 16 line 2 uses the term “transition regions” when there is only one transition region recited in claim 14. This appears to be a typographical error.
Claim 24 line 1 there appears to be a word missing after “bristles”.
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) 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vitt et al., US 2011/0219558.
Regarding claim 13, Vitt et al. disclose a toothbrush head comprising: a base (510, Figures 5A-5E; 610, Figures 6A-6E) having a width along a transverse direction of the toothbrush head (width is at the horizontal of its orientation in Figure 5B or 6B) and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (length is at the vertical of its orientation in Figure 5B or 6B), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (portions at 520 or 530, Figure 5A and paragraph [0053]; portions at 620 or 630, Figure 6A and paragraph [0057]); and a plurality of bristles extending from a front surface of 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 511-514, 611-615), the plurality of bristles arranged in a bristle pattern comprising: a first central occlusal surface cleaning region extending from the distal portion (includes one of 514 at the distal portion nearest 520, see Figures 5A-5E; includes 614 at distal portion nearest 620, at 600C, see Figure 6B); a first curved section at least partially surrounding the first central occlusal surface cleaning region (curved section of tufts 511 or 611 that form a U surrounding tuft 514 or 614 in Figures 5B or 6B), the first curved section configured to contact at least buccal and lingual surfaces of a first tooth in use (curved section capable of contacting 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 (one of 514 or 614 at proximal portion nearest 530 or 630, see Figures 5A-6E); a second curved section at least partially surrounding the second central occlusal surface cleaning region (curved section of tufts 511 or 611 that form a U surrounding tuft 514 or 614 in Figure 5B or 6B at proximal portion nearest 530 or 630, see Figures 5A-6E), the second curved section configured to contact at least buccal and lingual surfaces of a second tooth in use, the first tooth being distal the second tooth (curved section capable of contacting at least buccal and lingual surfaces depending on use and user’s oral geometry); wherein the first curved section includes a first inner boundary and a first outer boundary (inner boundary is the inner curved surface of U-shaped arrangement of tufts when viewed as oriented in Figure 5B or 6B, outer boundary is the outer curved surface of U-shaped tufts when viewed as oriented in Figure 5B or 6B), and bristles at the first inner boundary have a shorter length than bristles at the first outer boundary (paragraph [0054] and Figures 5A-6E); wherein the second curved section includes a second inner boundary and a second outer boundary (inner boundary is the inner curved surface of U-shaped arrangement of tufts when viewed as oriented in Figure 5B or 6B, outer boundary is the outer curved surface of U-shaped tufts when viewed as oriented in Figure 5B or 6B), and bristles at the first inner boundary have a shorter length than bristles at the first outer boundary (paragraph [0054] and Figures 5A-6E); wherein at least one of the first central occlusal surface and the second central occlusal surface is non-concave (Figures 5A-6E show 514 or 614 as non-concave), and at least one of a plurality of bumps and a tongue cleaning blade extending from a back surface of the base (unlabeled bumps and blades, best shown in Figure 5E, see also paragraph [0048]).
Regarding claim 14, the first curved section comprises a first outer bristle layer and the second curved section comprises a second outer bristle layer (outer bristle layers of the curved sections correspond to the outer boundaries of the first and second curved sections), the plurality of bristles comprising a first peak in the first outer bristle layer (peak within the section labeled 500A in Figure 5A or 600A in Figure 6A), a second peak in a transition region between the first and second outer bristle layers (at center of 500B or 600B, Figures 5A and 6A), and a third peak in the second outer bristle layer (peak within the other section labeled 500A in Figure 5A or 600A in Figure 6A).
Regarding claim 15, the plurality of bristles comprise a first valley between the first and second peaks (unlabeled, Figures 5A and 6A) and a second valley between the second and third peaks (unlabeled, Figures 5A and 6A).
Regarding claim 16, at least a portion of the transition region is substantially planar along a plane defined by a longitudinal axis and a transverse axis (portion of the transition region at the center is shown ad substantially planar in Figures 6D-6E).
Regarding claim 17, bristles of at least one of the first central occlusal surface cleaning region and the second central occlusal surface cleaning regions are shorter than at least one of the first and second curved sections (best shown in Figures 5E and 6E).
Regarding claim 18, wherein the first central occlusal surface cleaning region comprises a first bristle core (core of tuft 514 or 614) having a first generally planar contact surface (see Figures 5E and 6E, appears generally planar) and the second central occlusal surface cleaning region comprises a second bristle core (core tuft 514 or 614) having a second non-concave core contact surface (see Figures 5E and 6E, appears generally planar).
Regarding claim 19, there is a first gap between the first bristle core and the first outer bristle layer (Figure 5B or 6B, gap between core 514 or 614 and outer layer of curve formed by tufts 511 or 611), 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, alternatively bristles of first bristle core 514 and 614 are mounted closer to two adjacent bristles at an inner layer of curve formed by tufts 511 or 611, see Figures 5B or 6B), and a second gap between the first bristle core and the second outer bristle layer (Figure 5B or 6B, gap between core 514 or 614 and outer layer of curve formed by tufts 511 or 611), 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, alternatively bristles of second bristle core 514 and 614 are mounted closer to two adjacent bristles at an inner layer of curve formed by tufts 511 or 611, see Figures 5B or 6B).
Regarding claim 20, at least one of the first central occlusal surface and the second central occlusal surfaces have a generally circular cross-section (cross section of 514 or 614 is generally circular, see Figures 5A-6E).
Claim(s) 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 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; note the first bristle core is not the centermost bristle tuft in the first bristle region), 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; note the second bristle core is not the centermost bristle tuft in the second bristle region), 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); wherein bristles of the first bristle core are shorter than bristles of the first peak and longer than bristles of a first valley positioned between the first peak and the center peak (see marked up Figure 6).
[AltContent: textbox (approx. first bristle core)][AltContent: arrow][AltContent: textbox (approx. second bristle core)][AltContent: textbox (second outer bristle layer)][AltContent: oval][AltContent: textbox (second bristle core)][AltContent: oval][AltContent: arrow][AltContent: textbox (first bristle core)][AltContent: textbox (first outer bristle layer)][AltContent: textbox (transition region)][AltContent: textbox (second bristle region)][AltContent: textbox (first bristle region)][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: ][AltContent: ]
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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 bristles of the second bristle core are shorter than the third peak and longer than bristles of the second valley (see Figure 6 and marked up 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
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) 13, 20, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez et al., US 8,732,889 in view of Jimenez et al., US 2011/0152909.
Regarding claim 13, Jimenez et al. ‘889 disclose a toothbrush head comprising: a base (104, 105) having a width along a transverse direction of the toothbrush head (width is at axis X in Figure 3) and a length along a longitudinal direction of the toothbrush head that is non-parallel to the transverse direction (length is at axis Y in Figure 3), the base having a proximal portion and a distal portion opposite the proximal portion along the longitudinal direction (proximal portion is portion nearest 109, the distal portion is portion nearest 108; see Figures 2-3); and a plurality of bristles extending from a front surface of 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 130, 140, 150, 160, 170), the plurality of bristles arranged in a bristle pattern comprising: a first central occlusal surface cleaning region extending from the distal portion (includes 137 and 140 at the distal portion nearest 108, see Figure 2); a first curved section at least partially surrounding the first central occlusal surface cleaning region (includes 170, 171, 172 at distal portion nearest 108, see Figure 2), the first curved section configured to contact at least buccal and lingual surfaces of a first tooth in use (curved section capable of contacting 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 (also includes 137 and 140 at proximal portion nearest 109, see Figure 2); a second annular section at least partially surrounding the second central occlusal surface cleaning region (also includes 170, 171, 172 at proximal portion nearest 109, see Figure 2), the second curved section configured to contact at least buccal and lingual surfaces of a second tooth in use, the first tooth being distal the second tooth (curved section capable of contacting at least buccal and lingual surfaces depending on use and user’s oral geometry), wherein the first curved section includes a first inner boundary and a first outer boundary (inner boundary is the inner curved surface of 171 or 172 when viewed as oriented in Figure 3, outer boundary is the outer curved surface of 171 or 172 when viewed as oriented in Figure 3), and bristles at the first inner boundary have a shorter length than bristles at the first outer boundary (column 8 lines 56-67 and Figures 1-2 and 4); wherein at least one of the first central occlusal surface and the second central occlusal surface is non-concave (Figure 2 shows 137 and 140 as non-concave).
Regarding claim 20, at least one of the first central occlusal surface and the second central occlusal surfaces have a generally circular cross-section (cross section of 137 and 140 in combination is generally circular, see Figure 3).
Regarding claim 27, as viewed in a top plane defined by the longitudinal direction and the transverse direction, at least one of the first curved section and the second curved section has a continuous shape (sections 172 have a continuous shape, see Figures 1-3).
Jimenez et al. ‘889 fail to disclose at least one of a plurality of bumps and a tongue cleaning blade extending from a back of the base.
Jimenez et al. ‘909 teach from the same field of endeavor an oral care implement with a soft tissue cleaner (Abstract), the oral care implement includes bristles on a front side of a base (bristles 130 on front surface 121 of a base of a head 120, see paragraph [0029] and Figures 1-3). Regarding claim 27, Jimenez et al. ‘909 also disclose a plurality of bumps (144, see Figure 2 and paragraph [0033]) and a tongue cleaning blade (164, 165, Figure 2 and paragraph [0051]) extending from a back of the base (Figures 1-3, rear surface 122). The bumps and tongue cleaning blade are part of a soft tissue cleaner (140) that serves to effectively remove bacteria and microdebris from oral tissue during an oral care session (paragraph [0008]).
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 rear surface of the head of Jimenez et al. ‘889 to further include a soft tissue cleaner comprising a plurality of bumps and a tongue cleaning blade, as taught by Jimenez et al. ‘909, so that a user can use the rear surface of the head to clean bacteria or debris from oral tissue during brushing.
Allowable Subject Matter
Claims 1-6 and 8-12 are allowed.
Claim 26 is 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 1-6, 8-12, or 26. Also see the examiner’s statement of reasons for the indication of allowable subject matter in the Non-final office action of 3 February 2023. The applicant’s arguments relating to these claims are found to be persuasive and the amendments of 2 July 2026 have overcome the rejections of claims 1-6, 8-12, and 26. In addition, regarding claim 26, Geiberger et al. (US 9,826,822) does not disclose that the first convex outer boundary is continuous with the second concave inner boundary, and wherein the second convex outer boundary is continuous with the first concave inner boundary.
Response to Arguments
Applicant's arguments filed 2 July 2026 have been fully considered but they are not persuasive.
Regarding the rejection of independent claim 21 to Geiberger et al., US 9,826,822, the applicant argues that Geiberger et al. fail to disclose “wherein bristles of the first bristle core are shorter than bristles of the first peak and longer than bristles of a first valley positioned between the first peak and second peak.” The examiner respectfully disagrees. In claim 21, the recited “first bristle core” and “second bristle core” are only required to be located at least partially within the first and second outer bristle layers. Any of the tufts within the outer bristle layers can be considered the bristle cores. Figure 6 shows that the peaks and valleys are gradual and thus there is a first bristle core shorter than the first peak and longer than bristles of a first valley positioned between the first and second peaks.
Applicant’s arguments with respect to claim(s) 13-20 and 27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8,863,345 to Jimenez et al. is also considered relevant, note that Figure 9 shows a bristle tuft (181) with a height that is between the peaks and valleys formed by tufts 141b, 142a.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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 at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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