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 .
Priority
Acknowledgment is made of applicant’s claim for domestic priority under 35 U.S.C. 119 (e)). For the purpose of examination, the priority date for claims 1-2, 4-5, 8-10, 12, 17, 20-30 is 04/21/2022.
Drawings
The drawings are objected to because it is unclear in Fig. 5, what the reference character “564” is pointing to; it appears that “564” is pointing to the entire device, not just the drive mechanism. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [000129], floss actuator 1213 is not in Fig. 13. Further, Fig. 14 shows 1213 as a floss button, and earlier in the same paragraph, another actuator (1223) is described on the same device (1200). It is unclear what 1213 and 1223 are referring to.
Appropriate correction is required.
The amendment filed 08/25/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Paragraphs [000129], [000130], [000133], and [000135] introduce language stating that the rollers (1109, 1209, 1309, 1409) "can be located near the top of the device...on opposite ends of the exposed length of the floss to guide the floss so that the floss moved in the desired direction".
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 26-27 are objected to because of the following informalities:
Claim 26 reads as a functional claim. Examiner recommends adding “configured to” before “prevents the up-and-down and front-to-back displacement”.
Claim 27 reads as a functional claim. Examiner recommends adding “configured to” before “limit the rotation of the elongated shaft…”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 4, 5, 8-10, 17, 21-24, and 28-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US 20060117505 A1).
Regarding claim 1, Chan discloses a flossing device (refer to Paragraph [0031]; an electric toothbrush (20) with removable floss heads (110) is disclosed) that provides a horizontal vibrational movement for flossing (refer to Fig. 2; the shaft (42) pivots in a side-to-side motion), the device (20) comprising:
a head unit (26; refer to Paragraph [0021]; the head (26) includes a top housing (70), middle housing (72) and bottom housing (74));
the neck (24) communicatively coupled to the head unit (26) at a proximal end and coupled at a distal end to a handle (22) (refer to annotated Fig. 1 below); and
the handle (22+28), wherein the handle (22+28) comprises:
a drive motor (30) configured to generate rotational movement (refer to Paragraph [0020]; the motor has a rotatable output shaft),
and a drive mechanism (38+40+37+44+45+42+46) operatively connected to the drive motor (30) and the head unit (26) to transfer the rotational movement generated by the drive motor (30) rotation into a horizontal displacement of the head unit (26) to generate the horizontal vibrational movement while preventing vibrational up-and-down and front-to-back movements orthogonal to the horizontal vibrational movement (refer to Paragraph [0020], Figs. 2, 4; the output gear (38) of the motor (30) engages a driven gear (40) coupled to the shaft (42) via the a coupling (44) and elongated slot (45) to produce side-to-side motion; the bushing (46) acts as a pivot for containing the motion of the shaft (42) to a single plane of motion). \
PNG
media_image1.png
628
846
media_image1.png
Greyscale
Regarding claim 2, Chan discloses the flossing device of claim 1 further comprising: a power unit (32) operatively connected to the drive motor (refer to Paragraph [0020]; the voltage source to the motor is provided by the battery (32)).
Regarding claim 4, Chan discloses the flossing device of claim 1, wherein the head unit (26) includes floss (112) (refer to Paragraphs [0021], [0031], Fig. 13; the head (26) includes a top housing (70), middle housing (72) and bottom housing (74); the alternate embodiment (80) includes a detachable floss head (110)).
Regarding claim 5, Chan discloses the flossing device of claim 1, wherein the drive mechanism (38+40+37+44+45+42+46) includes a pinion gear (38) fitted in a cavity in the handle (22+28) and powered by the drive motor (30) (refer to annotated Paragraph [0020], Fig. 1 above; the output gear (38) from the motor (30) is the smaller of the two gears (38, 40), therefore being a pinion gear).
Regarding claim 8, Chan discloses the flossing device of claim 1, wherein the drive mechanism (38+40+37+44+45+42+46) includes a cam (37) and an eccentric collar (44+45) that generates horizontal left-right displacement as the cam (37) rotates (refer to Paragraph [0020], annotated Fig. 2 below; the eccentric post (37) engages the elongated slot (45) of the coupling (44) to transfer rotational motion into horizontal motion).
Regarding claim 9, Chan discloses the flossing device of claim 1, wherein the drive mechanism (38+40+37+44+45+42+46) includes: an elongated shaft (42) with a head adapter (66) to secure the neck (24) (refer to Paragraph [0022]; the end (66) of the shaft (42) engages a slot (68) of the head (26) thereby securing the neck);
a sidewall spacer (46) surrounding a portion of the elongated shaft (42) and configured to limit the portion of the elongated shaft (42) to the horizontal left-right displacement; and an eccentric collar (44+45) that mates with the drive motor (30) to generate the horizontal vibrational movement of the head unit (26) (refer to Paragraph [0020]; the bushing (46) is positioned to achieve a desired amount of side-to-side motion).
Regarding claim 10, Chan discloses the flossing device of claim 9, wherein the sidewall spacer (46) extends radially from a longitudinal axis (47) of the elongated shaft (42) (refer to annotated Fig. 2 below).
PNG
media_image2.png
796
464
media_image2.png
Greyscale
Regarding claim 17, Chan discloses the flossing device of claim 1, wherein the head unit (26)is detachable from the handle and replaceable with another head unit (26) (refer to Paragraph [0021]; the head (26) engages the neck (24) at a second end (50), thereby capable of being detachable and replaceable at this second end (50)).
Regarding claim 21, Chan discloses a flossing device (refer to Paragraph [0031]; an electric toothbrush (20) with removable floss heads (110) is disclosed) that provides a horizontal vibrational movement for flossing (refer to Fig. 2; the shaft (42) pivots in a side-to-side motion), the device (20) comprising:
a head unit (26) including floss (112) (26; refer to Paragraphs [0021], [0031], Fig. 13; the head (26) includes a top housing (70), middle housing (72) and bottom housing (74); the alternate embodiment (80) includes a detachable floss head (110)) that interfaces with a neck (24);
a neck (24) interfacing with and communicatively coupled to the head unit (26) (refer to Paragraph [0021]; the neck (24) engages with the head (26) at a second end (50) of the head (26));
a drive motor (30) configured to generate rotational movement (refer to Paragraph [0020]; the motor has a rotatable output shaft),
and a housing (22+24+28) containing a drive mechanism (38+40+37+44+45+42+46; refer to annotated Fig. 1 below) operatively connected to the drive motor (30) to transfer the rotational movement into horizontal displacement of the head unit (26) to generate horizontal vibrational movement of the head unit (26) while preventing up-and-down and front-to- back displacement of the head unit (26) orthogonal to the horizontal vibrational movement (refer to Paragraph [0020], Figs. 2, 4; the output gear (38) of the motor (30) engages a driven gear (40) coupled to the shaft (42) via the a coupling (44) and elongated slot (45) to produce side-to-side motion; the bushing (46) acts as a pivot for containing the motion of the shaft (42) to a single plane of motion).
PNG
media_image3.png
628
846
media_image3.png
Greyscale
Regarding claim 22, Chan discloses the flossing device of claim 21, wherein the drive mechanism (38+40+37+44+45+42+46) comprises:
a pinion gear (38) operatively connected to the drive motor (30) (refer to annotated Paragraph [0020], Fig. 1 above; the output gear (38) from the motor (30) is the smaller of the two gears (38, 40), therefore being a pinion gear);
a cam (37) having an axle (37) and operatively connected to the pinion gear (38) to rotate off- center about the axle (37) (refer to Paragraph [0020], annotated Fig. 2 below; the output gear (38) engages the driven gear (40) to rotate the eccentric post (37) which is shown as off-center from the driven gear (40)); and
an elongated shaft (42+44+45) comprising:
a drive mechanism interface (refer to annotated Fig. 2 below) comprising an eccentric collar (44+45) having an interior surface edge (45) defining an opening that receives the cam (37) and is sized to establish a gap between the cam (37) and the interior surface edge (45) at all times during rotation of the cam (37) about the axle (37) (refer to annotated Fig. 2 below; the cam axle(37) is sized to be smaller than the interior (45) of the eccentric collar (44) such that a gap is always formed between the interior edge (45) and the axle (37))
a head adapter post (66) adapted to provide an interconnection with the head unit (26) (refer to Paragraph [0022]; the end (66) of the shaft (42) engages a slot (68) of the head (26)); and
a sidewall spacer (46) positioned between the drive mechanism interface (refer to annotated Fig. 2 below) and the head adapter post (66), the sidewall spacer (46) configured to prevent the up-and-down and front-to-back displacement of the head unit (26) (refer to Paragraphs [0020], [0022]., annotated Fig. 2 below, Fig. 4; the bushing (46) acts as a pivot for containing the motion of the shaft (42) to a single plane of motion, engaging the head (26) in a slot (68) to move the head carrier (54) in an oscillating horizontal movement as shown in Fig. 4).
PNG
media_image4.png
797
503
media_image4.png
Greyscale
Regarding claim 23, Chan discloses the flossing device of claim 22, wherein:
the housing (22+24+28) comprises an inner chassis with a cavity; and the sidewall spacer (46) is surrounded by and engages with the inner chassis (refer to Paragraph [0020], annotated Fig. 10 below; the bushing (46) can be varied along the length of the shaft (42); Fig. 10 shows the bushing (46) being placed in the inner chassis cavity).
PNG
media_image5.png
380
479
media_image5.png
Greyscale
Regarding claim 23, Chan discloses the flossing device of claim 23, wherein the sidewall spacer (46) extends radially from a longitudinal axis of the elongated shaft (42+44+45) to establish an annular shape of the sidewall spacer (46) (refer to annotated Fig. 2 above).
Regarding claim 28, Chan discloses the flossing device of claim 22, wherein the opening of the eccentric collar (45) is non-circular (refer to annotated Fig. 2 above; the slot (45) of the eccentric collar (44+45) is square shaped).
Regarding claim 29, Chan discloses the flossing device of claim 21, wherein the head adapter (66) mates with the neck (24) (refer to annotated Fig. 1 below; the proximal end (66) of the elongated shaft (42) fits or mates with the neck (24) via the neck cavity where it is contained).
PNG
media_image6.png
476
733
media_image6.png
Greyscale
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 20060117505 A1) in view of Khaef et al. (US 20170056147 A1).
Regarding claim 12, Chan discloses the flossing device of claim 1, wherein the drive mechanism (38+40+37+44+45+42+46) includes:
a pinion gear (38) connected to a large gear (40) , to mate to the large gear (40) and to transfer rotational force of the drive motor (30) to the large gear (40) and through to a cam (37) and eccentric collar (44+45) and wherein the cam (37) rotates along an axis orthogonal to an axis of rotation of the pinion gear (38) (refer to Paragraph [0020], annotated Fig. 2 below; the output gear (38) of the motor (30) engages a driven gear (40) coupled to the shaft (42) via the a coupling (44) and elongated slot (45)).
PNG
media_image7.png
410
661
media_image7.png
Greyscale
Chan is silent to the pinion gear (38) being tapered and beveled.
Khaef et al. discloses a drive mechanism (400) in the analogous art of toothbrushes for side-to-side movement (refer to Paragraph [0042]; the drive mechanism (400) is configured to convert circular motion to side to side movement). The drive mechanism includes a pinion gear (401) that is of a tapered and beveled shape (refer to Paragraph [0042], annotated Fig. 4 below; both gears are described as bevel gears), which mates with a large gear (refer to annotated Fig. 4 below) to convert circular motion to side to side motion (refer to Paragraph [0042]; the torque converter (404) mates with the cam (403) to convert circular motion to side to side motion). The beveling and tapering of the gear is another simple substitution of one known element for another in the generation of horizontal or side-to-side movement. Further, applicant does not disclose a criticality of this specific gear shape, demonstrating that the substation of one gear for another would be obvious.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the shape of the pinion gear of Chan with the beveled and tapered gear as taught by Khaef to obtain the predictable result of horizontal head movement.
PNG
media_image8.png
425
474
media_image8.png
Greyscale
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 20060117505 A1) in view of Lueckel et al. (EP 3156001 A1); refer to the provided translation for Lueckel et al.
Regarding claim 20, Chan discloses the flossing device of claim 1. Chan is silent to an indicator cue selected from the group of a time to change the floss, a low power level, and an incomplete connection between the head unit and the handle.
Lueckel et al. discloses a control unit in the analogous art of personal dental hygiene devices for the purpose of controlling the toothbrush (refer to page 2, paragraph 1 of the translation). The personal hygiene device (1) comprises a control unit (60), which further comprises an indicator cue (27) to indicate a low power level (refer to the last paragraph of page 4 of the translation; a low-charge indicator element (27) for indicating in a visual or audible manner a detected low charge state of the energy storage 40). The low charge indicator is beneficial for notifying the user when the device needs to be recharged.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the flossing device of Chan with a low power level cue as taught by Lueckel et al. in order to notify the user to charge the device.
PNG
media_image9.png
400
501
media_image9.png
Greyscale
Claim(s) 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 20060117505 A1) in view of Rehkemper (US 20060005854 A1).
Regarding claim 25, Chan discloses the flossing device of claim 23, wherein:
the inner chassis includes a circular protruding portion (refer to annotated Fig 1 below); and
the sidewall spacer (46) is annular (refer to Fig. 1), permitting rotation of the elongated shaft (42+44+45) about the circular protruding portion (refer to annotated Fig 1 below), the rotation producing the horizontal vibration movement of the head unit (26) ) (refer to Paragraphs [0020], [0022]., Figs. 2, 4; the bushing (46) acts as a pivot for containing the motion of the shaft (42) to a single plane of motion, engaging the head (26) in a slot (68) to move the head carrier (54) in an oscillating horizontal movement as shown in Fig. 4); however, Chan is silent to the sidewall spacer (46) including an opening to receive the circular protruding portion (refer to annotated Fig. 1 below).
PNG
media_image10.png
250
492
media_image10.png
Greyscale
Rehkemper discloses an electric oral cleaning device (100) in the same field of endeavor (refer to Paragraph [0025]), wherein the device (100) comprises a sidewall spacer (118), that comprises an opening to receive a circular protruding portion (120) from the inner chassis of the device (100) (refer to Paragraph [0026] and annotated Fig. 1 below; an inner chassis is understood as being the internal frame of the device (100), with the internal portion of the handle (102) acting as the inner chassis; the carrier (118) is attached to the internal portion of the handle (102) via the pin (120)). The interaction of the sidewall spacer (118) with the circular protrusion (120) further permits the rotation of an elongated shaft (126) to produce side-to-side motion at high speeds, while securing the sidewall spacer (118) to the device housing (102) (refer to Paragraph [0026]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sidewall spacer (46) and circular protruding portion (refer to annotated Fig. 1 of Chan above) of Chan with the configuration of the circular protruding portion (120) and sidewall spacer (118) as taught by Rehkemper in order to product high speed side-to-side motion (refer to Paragraph [0026]).
PNG
media_image11.png
462
418
media_image11.png
Greyscale
Regarding claim 26, Chan and Rehkemper disclose the flossing device of claim 25, Chan is silent to the engagement of an opening of the sidewall spacer (46) and a circular protruding portion.
Rehkemper further discloses wherein engagement of the opening of the sidewall spacer (lateral hole of 118) with the circular protruding portion (120) prevents the up-and-down and front-to-back displacement of the head unit (250) (refer to Paragraphs [0026], [0036]; the carrier (118) slides along the pin (120) converting rotational movement to side-to-side movement; as the carrier (118) movement is restricted by the pin (120) which is attached to the handle (102), movement occurs in the horizontal plane such that the flossing head assembly (250) includes only side-to-side motion).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sidewall spacer (46) and circular protruding portion (refer to annotated Fig. 1 of Chan above) of Chan with the configuration of the circular protruding portion (120) and sidewall spacer (118) as taught by Rehkemper in order to product high speed side-to-side motion (refer to Paragraph [0026]).
Regarding claim 27, Chan discloses the flossing device of claim 26, with Chan further disclosing wherein the inner chassis (refer to annotated Fig. 10 below) limits the rotation of the elongated shaft (42+44+45) to prevent horizontal over displacement of the head unit (26) (refer to Paragraph [0020], annotated Fig. 10 below; the bushing (46) can be varied along the length of the shaft (42) to limit the side to side motion; Fig. 10 shows the bushing (46) being placed in the inner chassis cavity to limit the horizontal displacement).
PNG
media_image5.png
380
479
media_image5.png
Greyscale
Response to Arguments
The outstanding drawing objections of the cover of claim 16, the housing (321), the drive gear (1401), a cam (1427), 226B, 441, 443, 447, 538, 1109, 1209, 1223, 1309, 1425, 1845, the figures which failed to meet 37 C.F.R. 1.84 (h) Views, 37 C.F.R. 1.84 (l) Character of lines, numbers and letters and 37 C.F.R. 1.84 (m) Shading are withdrawn in view of the newly submitted drawing and specification amendments.
The outstanding abstract objection is withdrawn in view of newly submitted abstract.
The outstanding specification objections are withdrawn in view of the newly submitted specification.
The claim objections for claims 9, 18, 20 are withdrawn in view of the canceled and amended claims.
The 112(b) claim rejection of claim 11 is withdrawn in view of the claim being canceled.
Applicant’s arguments with respect to claim(s) 1-20 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
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 Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 8:00-5:00 EST.
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, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADRIENA J WEBB LYTTLE/ Examiner, Art Unit 3772
/THOMAS C BARRETT/ SPE, Art Unit 3799