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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 lines 16-17 are somewhat unclear. Claim 3 lines 16-17 recites: “…the first magnetic element carried by the second coupling structure.” However, claim 3 lines 4-5 recites that “the first coupling structure comprises a first magnetic element”. It is believed that in claim 3 line 17 that “second” is meant to be “first”.
Claim 5 is drawn to “A oral hygiene device comprising: - a handle portion” and “ – the brush head of claim 3”. This is confusing as the brush head of claim 3 (required by claim 5) recites some of the same structure recited in claim 5. For example, the handle portion of claim 5 requires “a second coupling structure…comprising a magnetic element”. It appears that this language is redundant.
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.
2. Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffner, DE 102011013086 A1 (see also English translation) in view of Utsch et al., US 9,226,808.
Regarding claim 1, Schaffner discloses a connector (6) for repeatedly attaching to and detaching from a handle portion (handle not shown, see English translation) and a cleaning element (1) of an oral hygiene device comprising: a housing (6, handle not shown, see Description within the English translation) having a proximal end and a distal end (upper and lower ends of 6 as shown in the Figures); a first attachment mechanism positioned at the proximal end of the housing (an attachment mechanism at lower end of 6 that is not shown or discussed), the first attachment mechanism establishes a connection with a first coupling structure provided on the handle (the English translation discusses the handle as being separate from part 6 but connectable to part 6); a second attachment mechanism positioned at the distal end of the housing (at 3 and uppermost part of 6), the second attachment mechanism comprising a distal coupling structure configured for establishing a connection (second attachment mechanism includes connecting parts 3, 4 see also English translation) with a second coupling structure provided on the cleaning element (4, includes a magnet, see English translation discussion of “magnetic connection parts”); wherein the distal coupling structure includes a magnetic element (3) capable of magnetically coupling with a corresponding magnetic element (4) carried by the second coupling structure (see Figures and English translation). Regarding claim 6, the connector (6) is part of a kit comprising the connector (6) and a plurality of cleaning elements (5) in that there is a broad kit assembly including the connector (6) and the brush having plural cleaning elements (5) that can be replaced by “any other type of brushes” or cleaning elements (see English translation, the other types of brushes are part of a loose kit).
Schaffner does not specify or disclose the structure of the first attachment mechanism including that a proximal coupling structure is configured for establishing a connection with a first coupling structure provided on the handle portion, wherein the proximal coupling structure includes a magnetic element capable of magnetically coupling with a corresponding magnetic element carried by the first coupling structure.
Utsch et al. teach a connector comprising: a housing (100, 150) having a proximal end and a distal end (upper and lower ends of 100 as shown in Figure 2); a first attachment mechanism positioned at the proximal end of the housing (at 120, within lower end of housing, Figure 2), the first attachment mechanism comprising a proximal coupling structure (magnet 120) configured for establishing a connection with a first coupling structure provided on the handle portion (magnet 120 configured to establish a connection with magnet 220 of handle 200; see also Figures 4-5); wherein the proximal coupling structure includes a magnetic element (120, column 9 lines 8-18) capable of magnetically coupling with a corresponding magnetic element carried by the first coupling structure (magnet 220, column 11 lines 19-31, also Figure 5 shows the magnetic coupling). Utsch et al. teach this first attachment mechanism that includes a magnetic element capable of magnetically coupling with a corresponding magnetic element carried by the first coupling structure so that the connector can couple to the drive shaft provided in the handle section (Abstract).
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 first attachment mechanism and proximal coupling structure of Schaffner so that it includes a magnetic element capable of magnetically coupling with a corresponding magnetic element carried by the first coupling structure provided on the handle portion, as taught by Utsch et al., so that the connector can magnetically attach and detach from the handle portion allowing a user to easily remove or secure the connector in a suitable manner to the handle portion.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffner, DE 102011013086 A1 (see also English translation) and Utsch et al., US 9,226,808 as applied to claim 1 in view of DE 202012001097 U1 (see also English translation).
Schaffner and Utsch et al. disclose all elements previously discussed above, however fail to disclose that the housing comprises a bioplastic.
DE 202012001097 U1 teach a toothbrush made of components including a housing that is a bioplastic (known in the toothbrush industry, see English translation of Description) so that the toothbrush is biodegradable (see English translation of Abstract and Claims).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the material used to form the connector housing of Schaffner and Utsch et al. for a bioplastic, as taught by DE 202012001097 U1, so that the connector is biodegradable once it is disposed of by the user.
Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffner, DE 102011013086 A1 (see also English translation) in view of Utsch et al., US 9,226,808.
Regarding claim 3, Schaffner discloses a brush head for repeatedly attaching to and detaching from a handle portion of an oral hygiene device comprising: a cleaning element (5) comprising a body (1, see Figures) and a first coupling structure positioned on the body (4, see Figures) wherein the first coupling structure comprises a first magnetic element (4 is magnetic, see English translation); and a connector (6) comprising (i) a housing having a proximal end and a distal end (upper and lower ends of 6 as shown in the Figures), (ii) a first attachment mechanism positioned at the proximal end of the housing (an attachment mechanism at lower end of 6 that is not shown or discussed), the first attachment mechanism establishes a connection with a second coupling structure provided on the handle (the English translation discusses the handle as being separate from part 6 but connectable to part 6); and (iii) a second attachment mechanism positioned at the distal end of the housing (at 3 and uppermost part of 6), the second attachment mechanism comprising a distal coupling structure configured for establishing a connection (second attachment mechanism includes connecting parts 3, 4 see also English translation) with the first coupling structure provided on the cleaning element (4, includes a magnet, see English translation discussion of “magnetic connection parts”); wherein the distal coupling structure includes a magnetic element (3) capable of magnetically coupling with the first magnetic element (4) carried by the second coupling structure (see Figures and English translation).
Schaffner does not specify or disclose the structure of the first attachment mechanism including that a proximal coupling structure is configured for establishing a connection with a second coupling structure provided on the handle portion, wherein the proximal coupling structure includes a magnetic element capable of magnetically coupling with a corresponding magnetic element carried by the second coupling structure.
Utsch et al. teach a brush head including a connector comprising (i) a housing (100, 150) having a proximal end and a distal end (upper and lower ends of 100 as shown in Figure 2); (ii) a first attachment mechanism positioned at the proximal end of the housing (at 120, within lower end of housing, Figure 2), the first attachment mechanism comprising a proximal coupling structure (magnet 120) configured for establishing a connection with a second coupling structure provided on the handle portion (magnet 120 configured to establish a connection with magnet 220 of handle 200; see also Figures 4-5); wherein the proximal coupling structure includes a magnetic element (120, column 9 lines 8-18) capable of magnetically coupling with a corresponding magnetic element carried by the second coupling structure (magnet 220, column 11 lines 19-31, also Figure 5 shows the magnetic coupling). Regarding claim 5, there is a handle portion comprising a housing having a proximal end and a distal end (200, upper and lower ends shown in Figures 4-5) and a coupling structure positioned at the distal end comprising a magnetic element (220, column 11 lines 19-31). Utsch et al. teach this first attachment mechanism that includes a magnetic element capable of magnetically coupling with a corresponding magnetic element carried by the second coupling structure so that the connector can couple to the drive shaft provided in the handle section (Abstract).
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 first attachment mechanism and proximal coupling structure of Schaffner so that it includes a magnetic element capable of magnetically coupling with a corresponding magnetic element carried by the second coupling structure provided on the handle portion, as taught by Utsch et al., so that the connector can magnetically attach and detach from the handle portion allowing a user to easily remove or secure the connector in a suitable manner to the handle portion.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaffner, DE 102011013086 A1 (see also English translation) and Utsch et al., US 9,226,808 as applied to claim 3 in view of DE 202012001097 U1 (see also English translation).
Schaffner and Utsch et al. disclose all elements previously discussed above, however fail to disclose that the housing comprises a bioplastic.
DE 202012001097 U1 teach a toothbrush made of components including a housing that is a bioplastic (known in the toothbrush industry, see English translation of Description) so that the toothbrush is biodegradable (see English translation of Abstract and Claims).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the material used to form the connector housing of Schaffner and Utsch et al. for a bioplastic, as taught by DE 202012001097 U1, so that the connector is biodegradable once it is disposed of by the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7,784,144 B2 to Renault teach a similar oral care device having a brush head (601), connector (502, Figures 6-7) and handle (103). Renault does not disclose the magnetic elements are required by the claims. US 8,074,666 B2 to Piao teach a brush where the handle connects to the brush head or connector via magnetic elements (24, 34), Figure 11 shows a kit with multiple brush heads capable of individual use with a handle.
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.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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