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 .
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.
Power of Attorney
It appears applicant has legal representation but a valid power of attorney has not been filed in the present application. Providing representative information in an Application Data Sheet (ADS) does not constitute a power of attorney. See 37 CFR 1.76(b)(4) and MPEP § 408. For information on appointing a power of attorney, see MPEP § 402.02 et seq.
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 “sterilization component located the cleaning agent compartment” recited in claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a dosing mechanism” in claim 9; “a biasing element” in claim 10; and “a sterilization component” in claims 11, 15, 17, 19, and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Preble et al. (US 2491207, "Preble").
1. Preble teaches a personal care device comprising:
a body (10);
a neck (21)) deployable from the body between a closed position and an open position (see Preble figs. 1-3);
a cleaning agent compartment (chamber 13 holds tablets of cleaning agent 3. see Preble fig. 1) in the body; and
a brush compartment in the body configured to receive the neck in the closed position (brush end including neck is received in channel, see Preble figs. 1-3), wherein the brush compartment and cleaning agent compartment are separated by a liquid-tight wall (12, see Preble figs. 2-3).
2. Preble teaches the personal care device of claim 1, further comprising a head (25) coupled to the neck, wherein the brush compartment is further configured to receive the head in the closed position (25 is slotted in space, see Preble figs. 1-3).
3. Preble teaches the personal care device of claim 1, further comprising a hinge (pivot 29') between the neck and the body, wherein the hinge is configured to rotate the neck between the closed position and the open position (see Preble figs. 1-3).
6. Preble teaches the personal care device of claim 1, further comprising at least one cleaning agent tablet (3) in the cleaning agent compartment (dentifrice tablets 3, see Preble figs. 1-3).
9. Preble teaches the personal care device of claim 1, further comprising a dosing mechanism located in the cleaning agent compartment and configured to dispense a dose of a cleaning agent (cleaning agent is stored in single dose tablets 3, which are capable of being removed through slot 33 in barrel 30, see Preble fig. 4 and 3:37-51).
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bae (KR 930003573 Y1).
1. Bae teaches a brush usable as a personal care device comprising:
a body (6);
a neck (1) deployable from the body between a closed position and an open position (Bae figs. 1 and 3);
a cleaning agent compartment (10) in the body (Bae figs. 1-2); and
a brush compartment (7) in the body configured to receive the neck in the closed position (brush 1 occupies 7 when inserted, see Bae fig. 2), wherein the brush compartment and cleaning agent compartment are separated by a liquid-tight wall (solid wall between 10 and 1, see Bae fig. 2).
4. Bae teaches the brush usable as a personal care device of claim 1, further comprising a complementary rail (8) between the neck and the body, wherein the complementary rail is configured to slide the neck relative to the body between the closed position and the open position (1 slides on 8 relative to body 6, see Bae figs. 1-3).
Claims 1, 5, and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US 2247003, "Smith").
1. Smith teaches a personal care device comprising:
a body (combination of 1 and 2, Smith figs. 2-3);
a neck (7) deployable from the body between a closed position and an open position (Smith figs. 2-6);
a cleaning agent compartment (13) in the body; and
a brush compartment in the body configured to receive the neck in the closed position space occupied by brush head, see Smith fig. 2), wherein the brush compartment and cleaning agent compartment are separated by a liquid-tight wall (wall 15 separates tray 13 from brush head, see Smith fig. 2).
5. Smith teaches the personal care device of claim 1, wherein the cleaning agent compartment includes a carrier (13) slidably connected to the body (13 slides from a first end to a second end, see Smith figs. 2-3 and 3:15-43) and configured to store a cleaning agent (in dentifrice bottle 20, see Smith fig. 2).
7. Smith teaches the personal care device of claim 1, wherein at least one surface of the cleaning agent compartment is elastically deformable relative to the body (bottle 20 forms an upper surface of the compartment and would be capable of being elastically deformed to discharge liquid, see Smith figs. 1-2 and 3:15-43).
8. Smith teaches the personal care device of claim 7, further comprising a fluid cleaning agent in the cleaning agent compartment (bottle 20 may contain a liquid dentifrice, Smith 3:35-37).
Claims 1, 11, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hendrickson (US 1304769).
Regarding claims 1, 11, 17, and 20 Hendrickson teaches a personal care device (Hendrickson fig. 2) comprising:
a body (combination of side plates 1 and back 2, Hendrickson figs. 1 and 5));
a neck (8) connected to the body by a hinge (10), wherein the neck is deployable from the body between a closed position and an open position (Hendrickson figs. 2-4);
a head (6) including a plurality of bristles (7) coupled to the neck (Hendrickson figs. 2-4);
a cleaning agent compartment in the body and a cleaning agent positioned therein (compartment D, occupied by cleaning agent 17, Hendrickson fig. 2); and
a brush compartment (C) in the body configured to receive the neck in the closed position (Hendrickson fig. 2), wherein the brush compartment and cleaning agent compartment are separated by a liquid-tight wall (wall 5 separates C from D, Hendrickson figs. 2-4); and
a sterilization component configured to sterilize at least a portion of the personal care device (14, Hendrickson 1:100-2:9) located the brush compartment and configured to sterilize the bristles (Hendrickson figs. 3-5).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Preble as applied to claim 1 above, and further in view of MacKinnon (US 7074390).
10. Preble teaches the personal care device of claim 1, but does not teach the presence of a biasing element located in the cleaning agent compartment and configured to eject a tablet of a cleaning agent.
However, MacKinnon teaches the concept of supplying single doses of encapsulated dentifrice (30) from a container including a biasing element such as a spring (dispensing doses using a spring-loaded dispenser such as those used to dispense Pez candies, MacKinnon fig. 7 and 2:42-56).
It would have been obvious for a person of ordinary skill before the effective filing date to modify the device of Preble such that it included a dispenser mechanism for cleaning agent including a biasing element located in the cleaning agent compartment and configured to eject a tablet of a cleaning agent from the compartment such as that suggested by MacKinnon, as doing so would simplify the process of obtaining a single dose of cleaning agent during use and reduce packaging (MacKinnon 3:10-12).
Claims 12-14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrickson as applied to claims 11 and 17 above, and further in view of Christensen et al. (US PGPub 2021/0204685, "Christensen").
Regarding claims 12-14 and 18-19, Hendrickson teaches the personal care device of claims 11 and 17, but does not teach that the sterilization component is an ultraviolet light source configured to be activated when the neck is moved to the closed position, wherein the ultraviolet light source remains activated after the neck is moved to the closed position for a sterilization duration, and electrically connected to a battery in the body.
However, Christensen teaches a personal care device (100) comprising:
a body (115);
a toothbrush head (105) connected to the body by a hinge (205), wherein the toothbrush head is deployable from the body between a closed position and an open position (Christensen fig. 6);
a brush compartment (120) in the body configured to receive the neck in the closed position (Christensen figs. 1, 6, and 8), and a sterilization component located in the body (Christensen [0037] and [0039]), wherein the sterilization component is an ultraviolet light source (1205. Christensen fig. 12 and [0091]) electrically connected to a battery in the body (Christensen [0039]) and configured to be activated when the neck is moved to the closed position (Christensen [0099]), wherein the ultraviolet light source remains activated after the neck is moved to the closed position for a sterilization duration, (Christensen [0095]-[0099]).
It would have been obvious for a person of ordinary skill before the effective filing date to have replaced the sterilization component in the device of Hendrickson with an ultraviolet light source electrically connected to a battery in the body and configured to be activated when the neck is moved to the closed position, wherein the ultraviolet light source remains activated after the neck is moved to the closed position for a sterilization duration as taught by Christensen, as doing so would allow sterilization of the brush head while reducing a moisture content in the head cavity (Christensen [0092]).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrickson as applied to claims 11 and 17 above, and further in view of Zheng (US PGPub 2021/0345767).
Regarding claims 15 and 16, Hendrickson teaches the personal care device of claim 1, but does not teach that it further comprises a sterilization component located the cleaning agent compartment, wherein the sterilization component is an ultraviolet light source.
However, Zheng teaches the concept of providing a box for holding and sterilizing a toothbrush having a translucent plate between a space configured to hold a toothbrush and a space configured to receive a toothpaste tube such that an ultraviolet lamp may be used to simultaneously sterilize a toothbrush and the end of the toothpaste tube (Zheng fig. 2 and [0024]).
It would have been obvious for a person of ordinary skill before the effective filing date to modify the personal care device of Henderson according to the teachings of Zheng regarding the possibility of additional sanitization such that it included sterilization components in both the brush compartment and the cleaning agent compartment, wherein the sterilization components included an ultraviolet light source, as doing so would allow a user to avoid the problem of contaminating a sanitized toothbrush due to contact with a non-sanitized cleaning agent (Zheng [0024]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vreede (US 4171753) teaches a mechanism for dispensing individual tablets,
Panyon (US 5608940) teaches a toothbrush including a sliding tray for dispensing individual tablets,
Huang (US 8074319) teaches a foldable and slidable toothbrush, and
Howard (US 3734118), Hennings (US 2790449), Smith et al. (US 2379600 A), Lieberthal (US 2284217), and Sibley (US 1626310) teach folding toothbrushes including various cleaning agent storage and dispensing means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN R ZAWORSKI whose telephone number is (571)272-7804. The examiner can normally be reached Monday-Thursday 8:00-5:00, Fridays 9:00-1:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571)-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.R.Z./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723