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) 36-51, 53-55 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Yoshida (PGPub 20180296309).
Yoshida teaches an oral care refill head for detachable coupling to a stem of a handle, the oral care refill head comprising: an oral care treatment portion (52); and a sleeve portion (51) comprising: an inner surface (figure 5) that defines a sleeve cavity extending along a cavity axis; a sleeve snap element (730/750) protruding from the inner surface towards the cavity axis and configured to snap-interlock with a stem snap element of the stem; a first alignment groove (757) formed into the inner surface on a first side of the cavity axis, a second alignment groove (725) formed into the inner surface on a second side of the cavity axis that is opposite the first side of the cavity axis (figure 35), wherein a first reference plane that is transverse to the cavity axis intersects both the second alignment groove and the sleeve snap element without intersecting the first alignment groove (see figure below).
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With regards to claim 37, the sleeve portion further comprises a proximal edge surface (751) that defines an opening into the sleeve cavity, and wherein an open groove end of each of the first and second alignment grooves is located at the proximal edge surface (figure 36; each end of the grooves will be open to receive the protrusions 830, 833).
With regards to claim 38, the first alignment groove comprises a first length and a first width and wherein the second alignment groove comprises a second length and a second width, the second length being greater than the first length and the second width being greater than the first width (figure 35 and 36).
With regards to claim 39, the first alignment groove extends from a first open groove end (figure 36; 758) to a first closed groove end wall (731), the first closed groove end wall being located below the sleeve snap element (figure 36) and spaced apart from the sleeve snap element by a gap (figure 36; space between 730, and 820), the first closed groove end wall being oriented at an oblique angle (figure 36) relative to the cavity axis.
With regards to claim 40, the first alignment groove comprises a floor (758) that extends along a first alignment groove axis and wherein the second alignment groove comprises a floor (wall of 725) that extends along a second alignment groove axis, the first alignment groove axis intersecting the cavity axis at a first angle and the second alignment groove axis intersecting the cavity axis (it will eventually intersect the cavity axis since it has a tapered shape) at a second angle that is different than the first angle.
[AltContent: textbox (First alignment groove axis)]
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With regards to claim 41, the first alignment groove axis intersects the sleeve cavity, and wherein the second alignment groove axis does not intersect the sleeve cavity.
With regards to claim 42, a second groove end wall of the second alignment groove is oriented perpendicular to the cavity axis and wherein a first groove end wall of the first alignment groove is oriented oblique to the cavity axis.
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With regards to claim 43, the first and second alignment grooves are configured to mate with first and second alignment ribs of the stem of the handle (822, 833) to prevent relative rotation between the handle and the oral care refill head, and wherein the sleeve portion is configured to prevent the stem from being fully inserted into the sleeve cavity unless the first and second alignment ribs of the stem and the first and second alignment grooves of the sleeve portion are circumferentially aligned with one another (figure 35).
With regards to claim 44, the oral care treatment portion comprises a plurality of tooth cleaning elements protruding from a head body.
With regards to claim 45, an oral care refill head for detachable coupling to a stem of a handle, the oral care refill head comprising: an oral care treatment portion (52); and a sleeve portion (51) comprising: an inner surface that defines a sleeve cavity extending along a cavity axis; a first alignment groove (757) formed into the inner surface on a first side of the cavity axis, the first alignment groove comprising a floor portion (758) that extends along a first groove axis that is oriented at a first angle (Ꝋ) relative to the cavity axis; and a second alignment groove (725) formed into the inner surface on a second side of the cavity axis that is opposite the first side of the cavity axis, the second alignment groove comprising a floor portion (wall of 725) that extends along a second groove axis that is oriented at a second angle (not shown since in the figure the lines have not intersected, but they will eventually since the second alignment groove axis is angled inward) relative to the cavity axis, the second angle being different than the first angle (see figure below).
With regards to claim 46, the sleeve portion further comprises a proximal edge surface (751) that defines an opening into the sleeve cavity, wherein the first alignment groove extends axially from a first open groove end (figure 36; 758) in the proximal edge surface of the sleeve portion to a first closed groove end wall (731) and wherein the second alignment groove extends axially from a second open groove end (end of groove will be open to receive protrusions 830, 833) in the proximal edge surface of the sleeve portion to a second closed groove end wall (figure 36; 725).
With regards to claim 47, the first closed groove end wall is oriented at an oblique angle (α) relative to the cavity axis and wherein the second closed groove end wall is oriented perpendicular to the cavity axis (see figure below).
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With regards to claim 48, the oblique angle is a greater angle than the first and second angles, and wherein the first groove end wall forms an obtuse angle (µ) with the floor portion of the first alignment groove (see figure below).
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With regards to claim 49, the first alignment groove comprises a first length and a first width and wherein the second alignment groove comprises a second length and a second width, the second length being greater than the first length and the second width being greater than the first width (figure 35 and 36).
With regards to claim 50, there is a sleeve snap element (730/750) protruding from the inner surface towards the cavity axis and configured to snap-interlock with a stem snap element of the stem, the sleeve snap element extending circumferentially around the inner surface of the sleeve portion and having a gap that is aligned with the second alignment groove.
With regards to claim 51, the second alignment groove is axially aligned with the stem snap element and the first alignment groove is located entirely between the stem snap element and a proximal edge surface of the sleeve portion (see figure below).
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With regards to claim 53, an oral care refill head for detachable coupling to a stem of a handle, the oral care refill head comprising: an oral care treatment portion (52) comprising a plurality of tooth cleaning elements; and a sleeve portion (51) comprising: an inner surface that defines a sleeve cavity extending along a cavity axis; a sleeve snap element (750/730) positioned along the inner surface and configured to engage a stem snap element of the stem; and at least one alignment groove (757; 725) configured to receive a first alignment rib and a second alignment rib of the stem that are positioned 180 degrees apart from one another (figure 35), the at least one alignment groove comprising a first portion (757) located on a first side of the cavity axis for receiving the first alignment rib and a second portion (725) located on a second side of the cavity axis for receiving the second alignment rib.
With regards to claim 54, the at least one alignment groove comprises a first alignment groove that comprises the first portion and a second alignment groove that comprises the second portion.
With regards to claim 55, the at least one alignment groove is a continuous groove that comprises both of the first and second portions (figure 23-25).
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) 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (‘309) in view of Sprosta (PGPub 20210368973).
Yoshida teaches the sleeve portion further comprises a proximal edge surface that defines an opening into the sleeve cavity, and wherein an open groove end of each of the first and second alignment grooves is located at the proximal edge surface, wherein the proximal edge surface of the sleeve portion extends radially from an outer sleeve edge to an inner sleeve edge (see all the figures above). Yoshida however fails to teach that the proximal edge surface inclined from the inner sleeve edge to the outer sleeve edge in one direction downwardly away from oral treatment portion with increasing distance from the cavity axis. Sprosta teaches an oral care refill head with a proximal edge surface that is angled as claimed (figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the proximal edge of Yoshida so that it is angled as taught by Sprosta to further assist in aligned the head and handle correctly when replacing the head.
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