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
Claims 13-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/04/2026.
Applicant's election with traverse of species A in the reply filed on 3/04/2026 is acknowledged. The traversal is on the ground(s) that “differences between species A, B, C are minute, and no extra examination burden is made on the Examiner”. This is not found persuasive because claims to the species recite mutually exclusive element of the species and prior art applicable to one species is not likely to read on the other species.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 18 is 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.
Regarding claim 18, it is unclear what is meant by wherein “projections of the bristle fixing holes on the width direction along the length direction”. Specifically, it is not understood what is meant by “on the width direction”. As best understood, this means “along the width direction”, however, “on the width direction” and “along the length direction” appear to be contradictory.
Regarding claim 18, it is unclear what is meant by “at least part of projections of the second auxiliary bristle fixing holes are located in projection intervals of adjacent first auxiliary bristle fixing holes”. First, it is unclear if “projections” are referring to the previously set forth projections. It is further unclear what is meant by “intervals of adjacent first auxiliary bristle fixing holes”.
Regarding claim 18, it is unclear what is meant by “at least part of projections of the first auxiliary bristle fixing holes are located in projection intervals of adjacent second auxiliary bristle fixing holes”. First, it is unclear If “projections” are referring to the previously set forth projections. It is further unclear what is meant by “intervals of adjacent second auxiliary bristle fixing holes”.
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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraemer (US 8539632 B2) in view of Kirchhofer et al (US 20130291320 A1).
Regarding claim 1, Kraemer discloses a brush head (figures 1-2 and/or figure 9, 9A, 9B), comprising:
a brush rod 2 (may be just portion with 19A),
a brush plate (near “3”, combination of 8-10),
bristles 4, and
a soft elastic piece 110;
wherein the brush rod defines a length direction; the brush plate comprises a bristle fixing plate 8 and a back plate 9; at least one of the back plate and the bristle fixing plate is connected to the brush rod (figures 1-2); the bristle fixing plate comprises a bristle fixing surface, a back surface, and a peripheral side surface; the back surface of the bristle fixing plate is opposite to the bristle fixing surface of the bristle fixing plate; the peripheral side surface of the bristle fixing plate is located between the bristle fixing surface and the back surface of the bristle fixing plate (figures 1-2); the bristles are extended from the bristle fixing surface of the bristle fixing plate; the back plate is connected to one side of the bristle fixing plate away from the bristles; a portion of the back plate is spaced apart from the back surface of the bristle fixing plate to define a filling groove (19A-E);
the soft elastic piece 110 is filled in the filling groove (19A-E),
the soft elastic piece is covered on at least a part of the peripheral side surface of the bristle fixing plate.
PNG
media_image1.png
191
346
media_image1.png
Greyscale
Kraemer is silent regarding the soft elastic piece is covered on the back plate.
However, Kirchhofer teaches a soft elastic piece 66 that extends through a bristle body 26 to form a soft extension 20 and also is covers the back of the device (back plate) to form a tongue cleaning element 78 (figures 43-44). Therefore, it would have been obvious to modify Kraemer by having the soft elastic piece extend through the back plate so as to cover the back plate, as taught by Kirchhofer, for the purpose of providing a tongue cleaning element on the back of the device.
Regarding claim 2, Kraemer discloses wherein the soft elastic piece comprises a first filling portion (any of 19A-E); the brush plate defines a width direction (perpendicular to A-A in figure 1) and a thickness direction (along A-A in figure 1); the width direction, the thickness direction, and the length direction (along L-L) are perpendicular to each other; the filling groove penetrates through the brush plate along the width direction to form two filling openings opposite to each other along the width direction (figure 1); the filling openings allow injecting liquid to flow into the filling groove during an injection molding process (product-by-process limitation); and the injecting liquid is solidified in the filling groove to form the first filling portion (figure 1).
Regarding claim 3, Kraemer discloses wherein along the thickness direction of the brush plate (A-A), a thickness of the soft elastic piece at the filling openings is greater than a thickness of the soft elastic piece at other positions (thickness at filling openings of 19A and 19B are greater than thickness at other positions, such as at 19D and 19E), so as to form outer soft rubber contours on a back portion of the brush head (near 19A and 19B).
Regarding claim 4, Kraemer discloses wherein the brush rod 2 comprises a connecting section (near “7” in figure 1) connected to the brush plate; the soft elastic piece is further covered on the connecting section circumferentially (near 19A – covers partial circumferential surface).
Regarding claim 5, Kraemer discloses wherein in a width direction of the brush plate, the back plate has a first width, the bristle fixing plate has a second width, and the first width is less than the second width (figure 1a).
Regarding claim 6, Kraemer discloses wherein, in a thickness direction of the brush plate, the back plate has a first thickness, the bristle fixing plate has a second thickness, and the first thickness is less than the second thickness (figure 1a).
Regarding claim 7, Kraemer discloses wherein in a thickness direction of the brush plate, the bristle fixing surface of the bristle fixing plate protrudes from the soft elastic piece, so that the peripheral side surface of the bristle fixing plate is partially exposed to the soft elastic piece (see annotated figure 1a above).
Regarding claim 8, Kraemer discloses wherein the back plate comprises a first connecting end close to the brush rod (between 19A and 19B) and a second connecting end away from the brush rod (between 19D and 19E) along the length direction;
the back plate is connected to the bristle fixing plate through the first connecting end and
the second connecting end thereof (by elements 10), and
the filling groove is defined between the first connecting end and the second connecting end of the back plate (filling groove withing any or all of 19A-E).
Regarding claim 9, Kraemer discloses wherein the brush plate further comprises at least one connecting portion 10 disposed in the filling groove; the at least one connecting portion connects the back surface of the bristle fixing plate to the back plate; when a plurality of connecting portions are provided, the plurality of connecting portions are disposed at intervals along the length direction (figure 2).
Regarding claim 10, Kraemer discloses wherein
the bristle fixing plate and the back plate are integrally formed; or
the bristle fixing plate and the brush rod are integrally formed; or
the back plate and the brush rod are integrally formed (Col. 42-47); or
the bristle fixing plate, the back plate, and the brush rod are integrally formed.
Regarding claim 11, Kraemer discloses wherein at least one slot (see “slot” in figures 7 and 8 below) is defined on the peripheral side surface of the bristle fixing plate (bristle fixing plate interpreted as 8a in figures 7-9); two ends of the at least one slot respectively extend to the bristle fixing surface of the bristle fixing plate and the back surface of the bristle fixing plate; the at least one slot is communicated with the filling groove (figures 8-10); the soft elastic piece 110 further comprises at least one second filling portion filled in the at least one slot (see 110 in figure 9A and 10A); when slots are provided, the slots are disposed at intervals (only one slot for the bristle fixing plate 8A).
PNG
media_image2.png
332
876
media_image2.png
Greyscale
Regarding claim 12, Kraemer discloses wherein the at least one slot has slot cross sections perpendicular to a thickness direction of the brush plate; the slot cross sections gradually increase in a direction from the back surface to the bristle fixing surface of the bristle fixing plate (gradually increases from middle of slot towards bristle fixing surface due to oval cross-sectional shape of wings 8A and 8B).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraemer (US 8539632 B2) in view of Kirchhofer et al (US 20130291320 A1) and further in view of Xi et al (US 20180192766 A1).
Regarding claim 16, Kraemer discloses wherein the bristles comprise friction increasing clusters (seen best as 95 or clusters of bristles in 5),
Regarding claim 17, Kraemer discloses wherein the bristle fixing surface of the bristle fixing plate comprises a first area and a second area; the first area and the second area are located along the length direction; the first area is closer to the brush rod than the second area; wherein the bristles comprise a first bristle group disposed in the first area (any of bristles in first area forms a group of the bristles) and a second bristle group disposed in the second area (any of bristles in second area forms a group of the bristles);
Kraemer does not disclose that a surface roughness of the friction increasing clusters is greater than a surface roughness of other bristles.
However, Xi teaches bristle clusters (row of bristles in figure 1 serves as a cluster; or three bristles clustered together in figure 2) with a surface roughness greater than that of other bristles (i.e. bristles without increased roughness sheath component; paragraph 0005).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kraemer/Kirchhofer, by having the bristle clusters have a surface roughness greater than that of other bristles, as taught by Xi, for the purpose of optimizing cleaning.
The device made obvious as set forth above would be such that the first bristle group comprises the friction increasing clusters since all clusters of bristles are considered friction increasing clusters.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraemer (US 8539632 B2) in view of Kirchhofer et al (US 20130291320 A1) and further in view of Curtis et al (US 5341537).
Regarding claim 18, Kraemer/Kirchhofer discloses the claimed invention substantially as claimed, as set forth above for claim 1. Kraemer further discloses wherein the bristle fixing plate (at 96 in figures 9, 9A, 9B) defines a width direction perpendicular to the length direction; bristle fixing holes 910 configured to fix the bristles are defined on the bristle fixing surface of the bristle fixing plate; the bristle fixing surface of the bristle fixing plate comprises a first bristle fixing area and a second bristle fixing area (near 910 and 911); the first bristle fixing area and the second bristle fixing area are disposed along the length direction;
Kraemer/Kirchhofer is silent regarding:
the first bristle fixing area defines at least one first central bristle fixing hole and first auxiliary bristle fixing holes; the first auxiliary bristle fixing holes are disposed at intervals around the at least one first central bristle fixing hole; the second bristle fixing area defines second auxiliary bristle fixing holes disposed at intervals; a density of the bristle fixing holes of the first bristle fixing area differs from a density of the bristle fixing holes of the second bristle fixing area;
wherein projections of the bristle fixing holes on the width direction along the length direction are defined as first projections;
at least part of projections of the second auxiliary bristle fixing holes are located in projection intervals of adjacent first auxiliary bristle fixing holes, and/or at least part of projections of the first auxiliary bristle fixing holes are located in projection intervals of adjacent second auxiliary bristle fixing holes; so that the first projections of the bristle fixing holes are connected together to form a continuous line segment.
However, Curtis teaches the first bristle fixing area defines at least one first central bristle fixing hole (one of middle bristle bundles 32 in figure 8) and first auxiliary bristle fixing holes (bristle holes to around center 32 in figure 8); the first auxiliary bristle fixing holes are disposed at intervals around the at least one first central bristle fixing hole (at least partially around center 32; 37 may also serve as an auxiliary); the second bristle fixing area defines second auxiliary bristle fixing holes (248 bristles or 30 bristles) disposed at intervals; a density of the bristle fixing holes of the first bristle fixing area differs from a density of the bristle fixing holes of the second bristle fixing area (32, 30 and 248 are all differently spaced and therefore have different density);
wherein projections of the bristle fixing holes on the width direction along the length direction are defined as first projections (bristles themselves serve as the projections);
at least part of projections of the second auxiliary bristle fixing holes are located in projection intervals of adjacent first auxiliary bristle fixing holes, and/or at least part of projections of the first auxiliary bristle fixing holes are located in projection intervals of adjacent second auxiliary bristle fixing holes; so that the first projections of the bristle fixing holes are connected together to form a continuous line segment (figure 8).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraemer (US 8539632 B2) in view of Kirchhofer et al (US 20130291320 A1) and further in view of Fischer et al (US 20180228583 A1).
Regarding claim 20,
Kraemer/Kirchhofer discloses the claimed invention substantially as claimed, as set forth above for claim 1. Kraemer further discloses the device being an electric toothbrush comprising a brush handle assembly 2 connected to the brush head (Col. 7, line 65 – Col. 8, line 9).
Kraemer/Kirchhofer is silent regarding the brush handle assembly detachably connected to the brush head.
However, Fischer teaches an electric toothbrush with a brush handle assembly detachably connected to the brush head 14 (figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kraemer/Kirchhofer by having the brush handle assembly be detachably connected to the brush head, as taught by Fischer, for the purpose of allowing the brush head to be replaced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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, Edward Lefkowitz can be reached at (571) 272-2180. 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.
/ERIC J ROSEN/ Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights