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) 1-8 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11219303 to Strahler.
(a) Regarding claim 1:
(i) Strahler discloses a brush head, the brush head comprising:
an implantation base portion (bristle carrier 5, Fig 38) including a front portion (side shown in the figure) and a rear portion (must exist); and
a plurality of bristle bundles (injected bristles A1, mini bundles A3, grid bundle A4, conventional bundles A6; Fig 38) formed by bundling a plurality of bristles (Col 6 Lns 1-16) and implanted in a plurality of implantation holes (holes in bristle carrier 5 which receive the bristles, Fig 38) formed in the front portion of the implantation base portion (Fig 38),
wherein the plurality of bristle bundles include:
a plurality of tip-end-curved bristle bundles (mini bundles A3 and conventional bundles A6, Fig 38) formed by bundling a plurality of tip-end-curved bristles each including a tip end portion having a protruding curved surface (bristles of mini bundles A3 have a rounded tip, Col 11 Lns 31-32; bristles of conventional bundles A6 have a rounded tip, Col 16 Lns 21-22); and
a plurality of tapered bristle bundles (injected bristles A1, Fig 38) formed by bundling a plurality of tapered bristles (each bundle comprising 4 bristles, Fig 38) each including a tapered part reduced in cross-sectional area toward a tip end portion (Col 6 Lns 47-48),
the plurality of tip-end-curved bristle bundles and the plurality of tapered bristle bundles are implanted in the plurality of implantation holes in the front portion in such a manner that the plurality of tip-end-curved bristle bundles and the plurality of tapered bristle bundles have a same height (13mm, Col 29 Lns 19-21),
the plurality of tip-end-curved bristle bundles are implanted in a plurality of outer-peripheral implantation holes (conventional bundles A6, Fig 38) provided along a peripheral part of the front portion of the implantation base portion (Fig 38), and form an outer-peripheral tip-end-curved-bristle bundle group (Fig 38),
the plurality of tapered bristle bundles are implanted in a plurality of inner implantation holes (injected bristles A1, Fig 38) provided in an inner region relative to the plurality of outer-peripheral implantation holes around the inner region in the front portion of the implantation base portion (Fig 38), and form an inner tapered-bristle bundle group (3 groups of 4, Fig 38),
the plurality of tapered bristle bundles comprises a plurality of first tapered bristle bundles being implanted in a plurality of center-row implantation holes provided on a center cross line that crosses a center of the inner region (injected bristles A1 along longitudinal centerline, Fig 38), and
a plurality of second tapered bristle bundles (injected bristles A1 not along longitudinal centerline, Fig 38),
the inner tapered-bristle bundle group includes a center tapered-bristle bundle row formed of the plurality of first tapered bristle bundles (row along longitudinal centerline, Fig 38), and
the plurality of second tapered bristle bundles and the plurality of tip-end-curved bristle bundles are implanted in a symmetrical arrangement on both sides relative to the central cross line (Fig 38, Col 5 Lns 41-45).
(ii) The limitation “for facial skin cleaning for cleaning a surface of skin of a face” in the preamble merely suggests the intended use of the brush head does not give meaning and purpose to the apparatus and does not constitute a limitation of the claim, see MPEP 2111.02(II).
(b) Regarding claim 2:
(i) Strahler discloses the brush head of claim 1.
(ii) Strahler further discloses:
wherein in the inner region at a central part of the front portion of the implantation base portion, four to ten central implantation holes are provided in the symmetrical arrangement at two to five locations each on both the sides relative to the central cross line (4 groups of 9 implantation holes of mini bundles A3 located on left and right sides of longitudinal centerline, with two groups on each side; Fig 38), and
the plurality of tip-end-curved bristle bundles are implanted in the four to ten central implantation holes (bristles of mini bundles A3 have a rounded tip, Col 11 Lns 31-32; Fig 38), and
form center tip-end-curved-bristle bundle groups in such a manner that the center tapered-bristle bundle row is sandwiched between the center tip-end- curved-bristle bundle groups (Fig 38).
(c) Regarding claims 3 and 4:
(i) Strahler discloses the brush head of claims 1 and 2.
(ii) Strahler further discloses wherein the plurality of tip-end-curved bristle bundles and the plurality of tapered bristle bundles are implanted in a symmetrical arrangement on both sides relative to a perpendicular center-cross line that crosses the center of the inner region and that is perpendicular to the center cross line (Fig 38, Col 5 Lns 41-45).
(d) Regarding claims 5 and 6:
(i) Strahler discloses the brush head of claims 1 and 2.
(ii) Strahler further discloses wherein the plurality of tip-end-curved bristle bundles and the plurality of tapered bristle bundles are each implanted to have a height of 12.5 to 16 mm (13mm, Col 29 Lns 19-21).
(e) Regarding claims 7 and 8:
(i) Strahler discloses the brush head of claims 1 and 2.
(ii) Strahler further discloses wherein the implantation base portion includes the front portion and the rear portion each having an elliptical shape (Fig 38).
(f) Regarding claims 11 and 12:
(i) Strahler discloses the brush head of claim 1.
(ii) Strahler further discloses the brush head being joined integrally to one end portion of a handle portion (reasonably disclosed in Fig 85; Col 40 Lns 32-33).
(iii) The limitation “used as a part of a tool for facial skin washing” is a functional limitation and since the prior art teaches all structural limitations of the claim the brush head of the prior art can perform the claimed function.
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.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11219303 to Strahler in view of US 20100299859 to Kastl.
(a) Regarding claims 9 and 10:
(i) Strahler discloses the brush head of claims 1 and 2.
(ii) Strahler suggests (bristle tips are rounded suggesting a hemispherical shape, i.e. hemispherical) but does not explicitly disclose wherein the plurality of tip-end-curved bristles each have a protruding curved surface formed of a spherical portion at a tip end portion of a corresponding one of the plurality of tip-end-curved bristles.
(iii) Kastl is also in the field of bristles (see title) and teaches tip end curved bristles (bristle 10, Fig 5) having a protruding curved surface formed of a spherical portion (head profile 20, Par 0037) at a tip end portion (bristle head 12).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tip end curved bristles as disclosed by Strahler with the above aforementioned protruding curved surface as taught by Kastl for the purpose of providing safe and particularly gentle bristles (Par 0003).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20120011674 to Tanaka teaches a brush head comprising rounded bristle bundles (44a, Fig 7) about a periphery of the brush head and sandwiching a plurality of tapered bristle bundles (44a, Fig 7), the tapered bristle bundles including a row aligned along a horizontal centerline, and wherein both the rounded and tapered bristle bundles are symmetrically arranged about both the horizontal centerline and a vertical centerline (Fig 7), with all bristles having the same height (Pars 0080-0081). JP 2019208973 to Suzuki teaches a brush head comprising tapered bristle bundles (15c-d/16c-d) surrounded by rounded bristle bundles (15a/16a) symmetrical arranged about a centerline (Fig 1). US 20190191864 to Pilevsky teaches a brush head comprising tapered bristle bundles (20/30) surrounded by rounded bristle bundles (40/50), the rounded bristle bundles having a spherical tip (Figs 3-6). US 8621699 to Fischer teaches a brush head comprising tapered bristle bundles (5) surrounded by rounded bristle bundles (6, Figs 2/6b/6d/9a-b).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin A Pruitt whose telephone number is (571)272-8383. The examiner can normally be reached T-F 8:30am - 6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN A PRUITT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745