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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 3/11/2026 is acknowledged. Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the floss retention tooth on the at least one floss cleat must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Applicant’s disclosure describes floss retention teeth 42 and teeth 40c engage to retain floss therebetween; however, the teeth 42 are provided on the second housing 14 and the teeth 40c are provided on the floss anchor 40. No teeth are provided on the cleats 40a,40b.
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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitations “tensioning component”, “guide feature”, “locking mechanism” and “cutting feature” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “component”, “feature” or “mechanism” coupled with functional language “tensioning”, “guide”, “locking” and “cutting” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 2, 7, 8, 12, 14, 15 and 17 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: The disclosure states the tensioning component is a slider/button having a flosser anchor to which the floss is coupled. The guide feature is a surface the floss contacts. The disclosure states the locking mechanism is a slide lock, rotary lock, push-pull mechanism, ball-spring plungers or button locks. The cutting feature is described as a floss cutter or a cutting blade.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 and 16 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 recites the limitation "the unit of flossing material" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 does not positively recite a unit of flossing material (“configured to at least partially receive a unit of flossing material”). If Applicant wishes to positively recite the unit of flossing material, claim 1 must be amended accordingly.
Claim 16 recites the limitation "the spool of dental floss" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 16 recites “the flossing device is configured to receive a spool of dental floss”, which is not a positive recitation of a spool of dental floss. If Applicant wishes to positively recite a spool of dental floss, claim 16 must be amended accordingly.
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.
Claims 1-8, 10, 11, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bushman (US 20210259816).
Regarding claim 1, Bushman discloses a flossing device, comprising: a first housing section (12), configured to at least partially receive a unit of flossing material; a second housing section (22); and a tensioning component (26,104,20); wherein at least one of the first housing section and the second housing section is further configured to at least partially receive the tensioning component therein and the other of the first housing section and the second housing section is configured to aid in retention of the tensioning component when the flossing device is in a closed configuration (Refer to Figures 1-28 and paragraphs 0057, 0072, 0074 and 0081). The reference characters vary between embodiments; however, similar components have similar numbering (e.g. 12, 1112, 1212, etc.) and the reference characters mentioned in the rejection are intended to cover similar structure in the different embodiments of Figures 1-28.
Regarding claim 2, Bushman discloses the tensioning component is configured to resist motion of a portion of flossing material of the unit of flossing material when the flossing device is in the closed configuration (Refer to paragraphs 0072, 0074 and 0081).
Regarding claim 3, Bushman discloses the unit of flossing material is a spool of dental floss and wherein the flossing device further comprises a spool cavity (32) defined by the first housing section, wherein the spool cavity is configured to receive at least a portion of the spool of dental floss therein (spool cavity 32 is configured to receive a spool of floss 16).
Regarding claim 4, Bushman discloses at least one floss cleat (78, 82 Refer to Figure 5, other embodiments have similar cleats with different reference characters Refer to Figures 6-18, 21 and 28) provided on the tensioning component.
Regarding claim 5, Bushman discloses at least one floss retention tooth (84, tooth forming 80, other embodiments have similar teeth on the cleats with different reference characters Refer to Figures 6-18, 21 and 28) on the at least one floss cleat.
Regarding claim 6, Bushman discloses at least one ratcheting tooth (teeth of 70 and/or 104) provided on the tensioning component.
Regarding claim 7, Bushman discloses the tensioning component is slidably connected to the first housing section (portion 70 of the tensioning component is slidably connected to the first housing section, a user slides the exposed portion of 70 to reduce tension, when sliding stops the floss is tensioned).
Regarding claim 8, Bushman discloses the tensioning component is at least partially exposed from a surface of the flossing device (exposed through 40) when the flossing device is in the closed configuration (Refer to Figures 1-28).
Regarding claim 10, Bushman discloses at least one prong (14,44,46) provided on at least one of the first housing section and the second housing section, wherein the at least one prong at least partially defines an at least partially open dental volume between the at least one prong and at least one surface of the at least one of the first housing section and the second housing section to enable flossing of teeth by a user (prongs are spaced apart such that a tooth or teeth may be inserted between the prongs).
Regarding claim 11, Bushman discloses a chassis component (120, 1820), wherein at least one of the first housing section and the second housing section is configured to receive the chassis component (Refer to Figures 1-28).
Regarding claim 13, Bushman discloses a mechanical hinge (94,34) connecting the first housing section and the second housing section to one another (Refer to Figures 1, 5, 19 and 20).
Regarding claim 14, Bushman discloses at least one locking feature (96,36) which is configured to aid in retention of the flossing device in the closed configured when the at least one locking feature is in a locked orientation (Refer to paragraph 0075 and Figures 1, 5, 19 and 20).
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kozak (US 20180140397).
Regarding claim 1, Kozak discloses a flossing device, comprising: a first housing section (upper half of 2, Refer to Figures 4A-4B), configured to at least partially receive a unit of flossing material; a second housing section (lower half of 2, Refer to Figures 4A-4B); and a tensioning component (1,401,402,403,407); wherein at least one of the first housing section and the second housing section is further configured to at least partially receive the tensioning component therein and the other of the first housing section and the second housing section is configured to aid in retention of the tensioning component when the flossing device is in a closed configuration (Refer to Figures 1-4B and paragraph 0050).
Regarding claim 2, Kozak discloses the tensioning component is configured to resist motion of a portion of flossing material of the unit of flossing material when the flossing device is in the closed configuration (Refer to paragraphs 0050, 0051 and 0055).
Regarding claim 3, Kozak discloses the unit of flossing material is a spool of dental floss and wherein the flossing device further comprises a spool cavity (cavity of 2 which holds 421,422 and spool of floss 5) defined by the first housing section, wherein the spool cavity is configured to receive at least a portion of the spool of dental floss therein (Refer to Figures 2A, 2B, 4A and 4B).
Regarding claim 4, Kozak discloses at least one floss cleat (407 and/or teeth formed between notches of 403) provided on the tensioning component.
Regarding claim 6, Kozak discloses at least one ratcheting tooth (teeth of 402 and/or 401) provided on the tensioning component.
Regarding claim 7, Kozak discloses the tensioning component is slidably connected to the first housing section (1 of the tensioning component slides with respect to the first housing section, Refer to Figures 1-1C, and 4A-4B).
Regarding claim 8, Kozak discloses the tensioning component is at least partially exposed from a surface of the flossing device (1 is exposed) when the flossing device is in the closed configuration (Refer to Figures 1-28).
Regarding claim 9, Kozak discloses the second housing section comprises at least one motion retention tooth (206), configured to resist motion of the tensioning component in at least one direction when the flossing device is in the closed configuration (Refer to paragraphs 0050 and 0055).
Regarding claim 10, Kozak discloses at least one prong (8) provided on at least one of the first housing section and the second housing section, wherein the at least one prong at least partially defines an at least partially open dental volume between the at least one prong and at least one surface of the at least one of the first housing section and the second housing section to enable flossing of teeth by a user (prongs are spaced apart such that a tooth or teeth may be inserted between the prongs).
Regarding claim 11, Kozak discloses a chassis component (421,422 and portion of 4 between 421 and 407, or 404), wherein at least one of the first housing section and the second housing section is configured to receive the chassis component (Refer to Figures 1-4B).
Regarding claim 12, Kozak discloses at least one guide feature (412 or 409) provided on the chassis component, and wherein the at least one guide feature is configured to direct a length of flossing material out of the flossing device or into the flossing device (Refer to Figures 2A and 4A).
Regarding claim 13, Kozak discloses a mechanical hinge (214) connecting the first housing section and the second housing section to one another (Refer to Figures 4A and 4B).
Regarding claim 14, Kozak discloses at least one locking feature (201,202,203) which is configured to aid in retention of the flossing device in the closed configured when the at least one locking feature is in a locked orientation (Refer to paragraph 0054 and Figures 1 and 4B).
Regarding claim 15, Kozak discloses flossing device (Refer to Figures 1-4B), comprising: a first housing section (upper half of 2, Refer to Figures 4A-4B); a second housing section (bottom half of 2, Refer to Figure 4A); a tensioning component (1,403,401,402,407); a mechanical hinge (214) connecting the first housing section and second housing section to one another, wherein the first housing section and second housing section are movable relative to one another between a closed configuration and an open configuration; at least one locking mechanism (201,202,203) configured to aid in retention of the flossing device in the closed configuration (Refer to paragraph 0054); wherein the tensioning component is slidably connected to the first housing section and the tensioning component comprises two floss retention cleats (407 and/or teeth formed between notches of 403), wherein the two floss retention cleats are configured to resist motion of a length of dental floss when the length of dental floss is wrapped at least partially around and between the two floss retention cleats (floss extends over 407 and adjacent teeth of 403 and over to the other one of 407 and the other one of teeth 403; additionally; floss is capable of being wrapped completely about the exterior of the teeth of 403); and wherein the tensioning component further comprises at least one tensioning tooth (teeth of 401,402); at least one motion-resistance tooth (206) provided on one of the first housing section and the second housing section, wherein the at least one motion-resistance tooth is configured to resist motion of the tensioning component when the flossing device is in the closed configuration (Refer to paragraphs 0050 and 0055).
Regarding claim 16, Kozak discloses the flossing device is configured to receive a spool of dental floss therein, and wherein the spool of dental floss is fully enclosed by the first housing section and the second housing section when the flossing device is in the closed configuration (Refer to Figures 2A-2B and 4A-4B, the flossing device is configured with a space that is able to receive a spool of floss and is fully enclosed by the housing sections).
Regarding claim 17, Kozak discloses a floss cutting feature (blade of 3) provided on the flossing device, wherein the floss cutting feature is fully enclosed by the first housing section and the second housing section when the flossing device is in the closed configuration (flossing cutting feature (blade of 3) is disclosed as being on blade plate 205, Refer to Figures 4A, 4B and 1A, such that it is not exposed for the user’s safety, Refer to paragraph 0057).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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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.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
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