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
Claim 1 is objected to because of the following informalities:
Both “the” and “said” are used to refer to previously recited terms; for example, line 3 recites “said handle”, then line 7 recites “the handle”; it is suggested to the same term, either “said” or “the” consistently throughout the claim. In the rejection below, “the” is used.
In lines 5-7, “a winding column arranged at a connection between said handle and said two prongs, as a protrusion arranged at the upper end of the handle, constituting a structure capable of winding floss” should be amended as “a winding column arranged at a connection between [[said]] the handle and [[said]] the two prongs, at an upper end of the handle, [[as]] the winding column defining a protrusion
In lines 8-9, “comprises a column bottom is adjacent to the handle…and a column cap s distal” should be amended as “comprises a column bottom [[is]] adjacent to the handle…and a column cap [[s]] distal”.
In line 19, “convenient for winding floss” should be amended as: “configured for winding floss”.
Claim 4 is objected to because in line 2, “an upper end” should be “the upper end” since an upper end has already been recited in claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4, and 6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitation “the winding groove is…V-shaped groove” is not supported by the originally filed specification and therefore constitutes new matter. The only mention of V-shaped in the originally filed specification is drawn to the shape of the two prongs.
Claims 2, 4, and 6 are rejected due to their dependency on claim 1.
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.
Claims 1-2, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US6257252) in view of Thomas (US2010/0269280).
Regarding claim 1, Hall discloses a dental floss holder (10, Figures 1-9) comprising:
a handle (12);
two prongs (28) extending from the handle (refer to Figure 4), wherein the two prongs are capable of holding a dental floss material (70) therebetween (refer to Figure 4);
a winding column (44) arranged at a connection between the handle and the two prongs (refer to Figure 4), at an upper end (referring to Figure 4, the upper end is the left end) of the handle, the winding column defining a protrusion capable of winding floss (refer to Figure 5, wherein the winding column protrudes upwardly from the handle);
the winding column comprises a column bottom (not labeled, refer to cropped and annotated Figure 5, below) adjacent to the handle (see annotated Figure 5, below) and a column cap (not labeled, refer to cropped and annotated Figure 5, below) distal to the handle (see annotated Figure 5, below), and the diameter of the column cap is greater than the diameter of the column bottom (refer to cropped and annotated Figure 5, below);
a groove (32, see Figures 4-5; additionally, “Each of the outer peripheral edges 30 has a slot therein”, refer to Column 3, lines 64-66) arranged on the outside of said two prongs (refer to Figure 5);
a winding groove (46 + recess formed between the column cap and the column bottom) arranged on said winding column; and
the winding groove arranged on an exterior surface of the column cap of the winding column (best shown in Figure 5);
the winding groove runs in a direction of the central axis (the central axis is an axis extending through a center of the column cap downwardly through a center of the column bottom; since the winding groove about the column cap is recessed downwardly across an entirety of the column cap, the winding groove also runs in a direction of the central axis/downwardly) of the winding column toward the column bottom (the winding groove is recessed toward the column bottom, thereby running in a direction toward the column bottom), and extends from one side of the winding column (referring to Figure 4, the one side would be the side proximate a first prong, 28 and an opposite side is that side proximate a second prong, 28; the winding groove is shown to be extending along the column cap from one side to an opposite side), along an exterior thereof (refer to Figure 4), to an opposite side (referring to Figure 5, the winding column comprises two distinct halves that are shown to be separated by a channel 48, that extends through the entire width of the column cap);
the winding groove is a linear groove or V-shaped groove configured for winding floss (the winding groove extends linearly across the column cap, as best shown in Figure 4, thereby providing a linear groove).
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Hall does not disclose the central axis of the winding column from the column cap to the column bottom is located on the same plane as the two prongs or the winding groove on the winding column and the groove outside the two prongs are in the same plane. Rather, Hall discloses the two prongs extending from the handle in a straight line such that the central axis of the winding column from the column cap to the column bottom is located so as to intersect with a plane passing through the two prongs and the groove of the two prongs are offset from one another.
Thomas discloses a similar dental floss holder (10, Figures 1-8) comprising a handle (12 OR 16, best shown in Figure 1); two prongs (52, 54, best shown in Figure 3) extending from the handle (refer to Figures 1-2) at a 90 degree angle therefrom (best shown in Figure 1; while the figures may be to scale, they can still be relied upon for teaching the general conditions of the claim because the overall relationship is depicted); a groove (50, best shown in Figures 4-5) arranged outside the two prongs (“A groove 50 is located along outer surface 46 and generally extends along legs 52 and 54 of wishbone support 44”, refer to Paragraph [0039]); and a winding column (56) aligned centrally with the groove (best shown in Figure 4), the winding column comprising a winding cap (referring to Figure 1, the winding cap is the hemispherical portion of the winding column) and a winding bottom (referring to Figure 1, the post portion connecting the winding cap to the hemispherical portion defines the winding bottom), such that a central axis of the winding column from the column cap to the column bottom is located on the same plane as the two prongs (refer to Figure 4, below) and the groove on the outside of the two prongs extends all the way to the winding column such that the winding groove on the winding column and the groove outside the two prongs are in the same plane (refer to Figure 4). It would have been obvious to one of ordinary skill in the art to modify Hall’s dental floss holder such that the prongs are disposed at a 90 degree angle with respect to the handle such that the central axis of the winding column from the column cap to the column bottom is located on the same plane as the two prongs and that the winding groove on the winding column and the groove outside the two prongs are connected and are in the same plane, as taught by Thomas, since such a modification would have involved rearranging of parts and it has been held that rearranging parts of an invention involves only routine skill in the art; additionally, such a modification provides the advantage of permitting a user to floss their teeth while keeping their hand out of view which aids in viewing the user’s mouth in a mirror during flossing.
Regarding claim 2, the combination of Hall and Thomas discloses a dental floss holder as defined in claim 1, wherein said winding groove on said winding column is connected with said groove on said two prongs, forming a continuous floss guiding path (per the modification addressed in claim 1, above, the tooth floss holder of Hall was modified such that the prongs are disposed at a 90 degree angle with respect to the handle such that the groove on the outside of the two prongs extends all the way to the winding column such that the winding groove on the winding column and the groove outside the two prongs are in the same plane grooves of the prongs and are connected; the grooves are connected since the grooves of the two prongs extend all the way to the winding column as best shown in Figures 1 and 4).
Regarding claim 4, the combination of Hall and Thomas discloses a dental floss holder as defined in claim 1, wherein said two prongs extend from the upper end of said handle in a direction different from a direction of a central axis of the handle (per the modification addressed in claim 1, the two prongs of Hall were modified to extend approximately 90 degrees from the handle, thereby providing the two prongs to extend from the upper end of said handle in a direction different from a direction of a central axis of the handle).
Regarding claim 6, the combination of Hall and Thomas discloses a dental floss holder as defined in claim 1, wherein said handle is perpendicular to said two prongs (per the modification addressed in claim 1, the two prongs of Hall were modified to be at an approximately 90 degree angle as taught by Thomas; while the figures may not be to scale, they can still be relied upon for teaching the general conditions of the claims since the relationship is depicted).
Response to Arguments
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
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.
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/SARAH WOODHOUSE/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799