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 10 is objected to because of the following informalities: It appears that due to the amendment of 23 January 2026 that claim 10 may be lacking punctuation. The claims must be in one sentence form only. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 11-12 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 11 lines 3-6 recites that “the handle portion further comprises: a first component comprising a front surface having a recess cavity defined by a floor and a side wall; and a second component positioned within the recess cavity, and wherein the second component comprises the first finger depression and the first plurality of grooves.” It is not clear if “a floor” (line 3) is referring to the “first depression floor” recited in claim 1 lines 13 and 14. If it is the same floor, it is unclear how the first plurality of grooves can be formed into the first depression floor if they are two separate components.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 13-15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heinzelman et al., US 5,735,012.
Regarding claim 13, Heinzelman et al. disclose an oral care implement (Title, see Figures) comprising: a body (handle 6) comprising: a longitudinal axis (length of handle 6), a first component (16) comprising a front surface (22) having a perimeter portion (perimeter portion of 22) and a central portion surrounded by the perimeter portion (central portion is where 26 is located, see Figure 3), the central portion comprising a first recess cavity (26); a second component (elastomer covering, see claim 4, column 2 lines 59-67, and Figure 3) positioned within the first recess cavity of the first component (Figure 3), the second component being surrounded by the perimeter portion of the first component (Figure 3) so that the perimeter portion of the front surface of the first component and an outer surface of the second component collectively form an exposed front surface of the body (Figures 1-3). Regarding claim 14, the first component is formed from a first hard plastic material (rigid plastic backbone, column 2 lines 21-23) and the second component is formed from a second hard plastic material (the second material, while elastomeric, exhibits hardness, see column 2 lines 1-6, 23-25, 43-56). Regarding claim 15, the outer surface of the second component protrudes from the front surface of the first component (Figure 3). Regarding claim 20, the first component (16) comprises a rear surface having a perimeter portion (perimeter portion of 24, Figure 3) and a central portion surrounded by the perimeter portion (central portion of 16, Figure 6), the central portion comprising a second recess cavity (at 30, Figure 3), and further comprising at least one aperture extending through the central portion of the first component (30, Figure 3), wherein the second component comprises a first portion that is located within the first recess cavity (portion within 26, Figure 3), a second portion that is located within the second recess cavity (portion near recess within 30, Figure 3), and a third portion located within the at least one aperture (portion within 30, Figure 3).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huber et al., US 6,972,106.
Regarding claim 13, Huber et al. disclose an oral care implement (toothbrush, Abstract) comprising: a body (1) comprising: a longitudinal axis (length of toothbrush, Figures 1-3), a first component (4) comprising a front surface (upper surface of 4 as oriented in Figure 1) having a perimeter portion (perimeter portion of 4) and a central portion surrounded by the perimeter portion (central portion is where 21 is located, see Figures 1-3), the central portion comprising a first recess cavity (bore 20, Figures 6-7); a second component (2 or 21, Figures 4-5) positioned within the first recess cavity of the first component (portion that includes 19 and 21 is positioned within recess cavity 20, see Figures), the second component being surrounded by the perimeter portion of the first component (Figures 1-3 and 9) so that the perimeter portion of the front surface of the first component and an outer surface of the second component collectively form an exposed front surface of the body (Figures 1-3). Regarding claim 14, the first component is formed from a first hard plastic material (column 4 lines 1-29, includes polypropylene, SAN, ABS, PA, PBT) and the second component is formed from a second hard plastic material (column 4 lines 1-29, includes polypropylene, SAN, ABS, PA, PBT).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubenson, GB 379150 in view of KR 20130005984 U (see also English translation).
Regarding claim 1, Rubenson discloses an oral care implement comprising a head portion comprising an oral care tool (toothbrush 2, 3; see Figures); a handle portion that is elongated in a longitudinal direction between a first end and a second end (1, Figures 1 and 4-5), the handle portion comprising: a front surface (front surface of 1, right side of 1 as oriented in Figure 1) comprising a first section, a second section, and a third section (first section is at the bottom end as oriented in Figure 1, a second section is the section where the thumb is located in Figures 4-5, and a third section is the section adjacent 3 in Figure 1), the first section located between the first end of the handle portion and the second section (Figures 1 and 4-5), and the third section located between the second end of the handle portion and the second section (Figures 1 and 4-5); and a first plurality of grooves formed into the front surface of the handle portion (grooves, see Figures 2-3; page 1 lines 27-34, 78-86 and page 2 lines 11-12), each of the first plurality of grooves being elongated in the longitudinal direction and extending continuously along at least the first and second sections of the front surface (see Figures 1-5). Regarding claim 2, the oral care tool comprises tooth cleaning elements (bristles 2). Regarding claim 3, at least one of the first plurality of grooves extends continuously along the first, second, and third sections of the front surface of the handle portion (Figures 1 and 4-5).
Rubenson fails to disclose a first finger depression formed into the front surface along the second section of the front surface, wherein the first finger depression comprises a first depression floor that is recessed relative to the front surface, and wherein the first plurality of grooves are formed into the first depression floor of the first finger depression.
KR 20130005984 teach a brush having a handle portion that is elongated in a longitudinal direction between a first end and a second end (20, see Figures 3-5), a front surface including first, second, and third sections (a surface facing upward in Figure 3 is considered the front surface, see Figures 3-5; there are three arbitrary sections of front surface), including a first finger depression formed into the front surface along the second section of the front surface (at 23, see description of “finger seat” in the English translation), a first plurality of grooves formed into the front surface of the handle portion (23a, “friction groove”), the first finger depression comprises a first depression floor that is recessed relative to the front surface (depression floor of 23, Figures 3-5), wherein the first plurality of grooves are formed into the first depression floor of the first finger depression (see English translation, “friction groove 23a cut in the finger seat 23”) to improve the frictional force (see English translation of claim 3). The finger depression (23) “is bent inward so that the user’s finger is seated” (see English translation).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front surface of along the second section of the front surface, of Rubenson, in order to provide a first finger depression having a first depression floor that is recessed relative to the front surface, and wherein the first plurality of grooves are formed into the first depression floor of the first finger depression, as KR 20130005984 teaches, so that a user’s finger can grip and be seated within a depression of a handle for placement, comfort, and improved frictional force.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubenson, GB 379150 and KR 20130005984 U (see also English translation).
Regarding claim 9, Rubenson discloses all elements previously discussed above and discloses that the handle portion further comprises a rear surface opposite the front surface (left surface of the handle portion as it is oriented in Figure 1, it is the surface opposite the front surface) and a second plurality of grooves formed into the rear surface of the handle portion (unlabeled, see Figures 1-5, grooves, see Figures 2-3; page 1 lines 27-34, 78-86 and page 2 lines 11-12), each of the second plurality of grooves being elongated in the longitudinal direction (Figures 1 and 4-5) and extending continuously along the rear surface including a portion of the rear surface that is located between the second portion and the first end of the handle portion (Figures 1 and 4-5). Regarding claim 10, each of the second plurality of grooves on the rear surface of the handle portion is aligned with one of the first plurality of grooves on the front surface of the handle portion (Figures 1-5). Rubenson fails to disclose a second finger depression formed into the rear surface.
Regarding claim 9, KR 20130005984 additionally discloses a rear surface opposite the front surface (surface of handle 20 facing downwards in Figure 3), a second finger depression formed into the rear surface (rear portion of 23 within the rear surface, see Figures 3-5), and a second plurality of grooves formed into the rear surface of the handle portion that are elongated in the longitudinal direction and extend along the second finger depression (23a, see Figures 3-5 and portions of English translation discussed relating to grooves 23a previously). Regarding claim 10, the first and second finger depressions are aligned with one another (Figures 3-5; both form “finger seating part” 23). KR 20130005984 teaches that the second finger depression formed on the opposite side also allows the a finger to be seated on the opposite side and the depression (23) “is bent inward so that the user’s finger is seated” (see English translation).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle portion of Rubenson so that it additionally includes a second finger depression formed into the rear surface, as also taught by KR 20130005984, so that a user can grip and be seated within a depression of a rear surface of the handle for placement, comfort, and improved frictional force.
Claim(s) 1-3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hohlbein et al. WO 2016/076819 A1 in view of KR 20130005984 U (see also English translation).
Regarding claim 1, Hohlbein et al. disclose an oral care implement comprising a head portion comprising an oral care tool (toothbrush, see Title and paragraph [0035]); a handle portion that is elongated in a longitudinal direction between a first end and a second end (102, Figures 1 and 3), the handle portion comprising: a front surface (front surface in Figures 1 or 3) comprising a first section, a second section, and a third section (first section is section where reference number 114-1 is pointing in Figure 1; second section is the widest section, near where reference number 112 is pointing in Figure 1; third section is the lowermost section, where reference number 114-2 is pointing in Figure 1; alternatively the first section is the lowermost section at 114-2 and the third section is the uppermost section at 114-1 as the ends are undefined and can be reversed), the first section located between the first end of the handle portion and the second section (Figure 1), and the third section located between the second end of the handle portion and the second section (Figure 1); and a first plurality of grooves formed into the front surface of the handle portion (grooves are regions between ribs 114, best shown in Figures 1 and 4), each of the first plurality of grooves being elongated in the longitudinal direction and extending continuously along at least the first and second sections of the front surface (see Figures 1 and 3). Regarding claim 2, the oral care tool comprises tooth cleaning elements (bristles, not shown; see paragraphs [0035] and [0045]). Regarding claim 3, at least one of the first plurality of grooves extends continuously along the first, second, and third sections of the front surface of the handle portion (Figures 1 and 3-4). Regarding claim 5, a space between adjacent ones of the first plurality of grooves increases moving in a direction from the first end of the handle portion towards the second end of the handle portion (Figures 1 and 3). Regarding claim 6, the first plurality of grooves comprises a first outer groove, a second outer groove, a first inner groove, and a second inner groove (Figures 1 and 4, the grooves are between each of ribs 114-1 or 114-2), the first and second inner grooves being located between the first and second outer grooves (Figures 1 and 3), and wherein the first and second inner grooves extend further in a direction of the second end of the handle portion than the first and second outer grooves (Figures 1 and 3). Regarding claim 7, the first and second outer grooves extend along the first and second sections of the handle portion without extending to the third section of the handle portion (when the third section is the uppermost section, Figure 1), wherein the first and second inner grooves extend along the first, second, and third sections of the handle (Figure 1). Regarding claim 8, the first and second outer grooves comprise end portions that are located along the second section of the handle portion that extend inwardly towards the first and second inner grooves (Figure 1, when the third section is the uppermost section).
Hohlbein et al. fails to disclose a first finger depression formed into the front surface along the second section of the front surface, wherein the first finger depression comprises a first depression floor that is recessed relative to the front surface and wherein the first plurality of grooves are formed into the first depression of the first finger depression. Additionally, note that Hohlbein et al. state that the “height, contour, and other attributes of the ribs may be varied to provide different aesthetic and functional benefits” (paragraph [0037]).
KR 20130005984 teach a brush having a handle portion that is elongated in a longitudinal direction between a first end and a second end (20, see Figures 3-5), a front surface including first, second, and third sections (a surface facing upward in Figure 3 is considered the front surface, see Figures 3-5; there are three arbitrary sections of front surface), including a first finger depression formed into the front surface along the second section of the front surface (at 23, see description of “finger seat” in the English translation), a first plurality of grooves formed into the front surface of the handle portion (23a, “friction groove”), the first finger depression comprises a first depression floor that is recessed relative to the front surface (depression floor of 23, Figures 3-5), wherein the first plurality of grooves are formed into the first depression floor of the first finger depression (see English translation, “friction groove 23a cut in the finger seat 23”) to improve the frictional force (see English translation of claim 3). The finger depression (23) “is bent inward so that the user’s finger is seated” (see English translation).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front surface of along the second section of the front surface, of Hohlbein et al., in order to provide a first finger depression having a first depression floor that is recessed relative to the front surface, and wherein the first plurality of grooves are formed into the first depression floor of the first finger depression, as KR 20130005984 teaches, so that a user’s finger can grip and be seated within a depression of a handle for placement, comfort, and improved frictional force.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hohlbein et al. WO 2016/076819 A1 and KR 20130005984 U (see also English translation).
Regarding claim 9, Hohlbein et al. disclose all elements previously discussed above and fails to disclose a second finger depression formed in the rear surface. Further, regarding claims 9-10, the handle portion further comprises: a rear surface opposite the front surface (see Figures 2 and 4) and a second plurality of grooves formed into the rear surface of the handle portion (Figure 4), each of the second plurality of grooves being elongated in the longitudinal direction and extending continuously along the rear surface of the handle (Figure 4). Regarding claim 10, each of the second plurality of grooves on the rear surface of the handle portion is aligned with one of the first plurality of grooves on the front surface of the handle portion (see Figure 4); and a second plurality of grooves located along the rear surface and extend along the length of the rear surface (see Figures). Additionally, note that Hohlbein et al. state that the “height, contour, and other attributes of the ribs may be varied to provide different aesthetic and functional benefits” (paragraph [0037]).
Regarding claim 9, KR 20130005984 additionally discloses a rear surface opposite the front surface (surface of handle 20 facing downwards in Figure 3), a second finger depression formed into the rear surface (rear portion of 23 within the rear surface, see Figures 3-5), and a second plurality of grooves formed into the rear surface of the handle portion that are elongated in the longitudinal direction and extend along the second finger depression (23a, see Figures 3-5 and portions of English translation discussed relating to grooves 23a previously). Regarding claim 10, the first and second finger depressions are aligned with one another (Figures 3-5; both form “finger seating part” 23). KR 20130005984 teaches that the second finger depression formed on the opposite side also allows the a finger to be seated on the opposite side and the depression (23) “is bent inward so that the user’s finger is seated” (see English translation).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle portion of Hohlbein et al. so that it additionally includes a second finger depression formed into the rear surface, as also taught by KR 20130005984, so that a user can grip and be seated within a depression of a rear surface of the handle for placement, comfort, and improved frictional force.
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huber et al., US 6,972,106 in view of Herrick et al., US 2,094,240.
Huber et al. disclose all elements previously discussed above, however fails to disclose a first finger depression formed into the outer surface of the second component, the first finger depression comprising a recessed floor.
Regarding claim 16, Herrick et al. teach an oral care implement (tooth brush, Title) comprising a body with an outer surface (handle 17, see Figures), a longitudinal axis (axis of handle 17), and a component having a first finger depression formed into the outer surface (13), the finger depression comprising a recessed floor (unlabeled, floor, see page 1 column 2 lines 14-17); and a first plurality of grooves formed into the outer surface of the component (15), each of the plurality of grooves being elongated in a direction of the longitudinal axis (Figure 1), wherein the first plurality of grooves are formed into the recessed floor of the first finger depression (page 1 column 2 lines 14-17, Figure 3). Regarding claim 19, the first plurality of grooves are oriented so as to diverge from one another moving in a direction from a first end of the body to a second end of the body (see how grooves 15 diverge in Figure 1). The first finger depression serves as a finger or thumb grip for a user (page 1 column 1 lines 14-20) and the grooves help form a non-slip surface (page 1 column 2 lines 14-17).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer surface of the second component of Huber et al. so that it includes a first finger depression with a recessed floor and a first plurality of grooves elongated in a longitudinal direction, as taught by Herrick et al., in order to provide a non-slip grip for a user’s thumb or finger to assist in manipulating a toothbrush handle.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huber et al., US 6,972,106 and Herrick et al., US 2,094,240 as applied to claim 16 in view of Hohlbein et al. WO 2016/076819 A1.
Huber et al. disclose all elements previously discussed above. Regarding claim 17, the body comprises a first end, a second end, a first section that extends from the first end to a second section, a third section that extends from the second end to the second section, and the second section is located between the first and third sections (as oriented in Figure 3, the body 1 includes second section is the section that includes 21, the first and third sections are on the left or right of 21). Huber et al. fails to disclose that the first finger depression is located along the second section. Herrick et al. discloses all elements previously discussed above (pertaining to claim 16) and regarding claim 17 teaches an implement body that comprises a first end, a second end, a first section that extends from the first end to a the first finger depression, a third section that extends from the second end to the first finger depression, and the second section is located between the first and third sections, the first finger depression is located along the second section (as oriented in Figure 1, the body 17 includes second section that is the region where 13 is located and the first and third sections are on the left or right of 13). Herrick et al. fail to disclose that each of the first plurality of grooves extend along at least the first section of the body and the second section of the body.
Further regarding claims 17-18, Hohlbein et al. teach an oral care implement comprising a body (Figures 1 and 3) that comprises first, second, and third sections (Figure 3, any three sections of the body) and a first plurality of grooves extends along its first, second, and third sections of the handle (Figure 3, grooves are regions between ribs 114, best shown in Figures 3-4, extends throughout the length of the handle). The plurality of grooves form a support structure that is a corrugated structure to allow for effective manual manipulation of the toothbrush (paragraphs [0020], [0037], [0051]-[0052]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first, second, and third sections of the body of Huber et al. and Herrick et al. so that the first plurality of grooves extend along the first, second, and third sections of the body, as taught by Hohlbein et al., so that there is a corrugated surface structure along the length of the body to promote effective manual manipulation of the toothbrush by a user gripping the body of the implement.
Allowable Subject Matter
Claims 11-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 23 January 2026 have been fully considered but they are not persuasive.
The applicant argues that relating to claim 13, Heinzelman does not disclose a first recess cavity or a second component positioned within the first recess cavity and surrounded by the perimeter portion of the first component such that the perimeter portion and an outer surface of the second component collectively form an exposed front surface of the body. The applicant points to the disclosure of Heinzelman that refers to element 26 as “a channel in the form of a hole” and alleges that this channel (that transverses through a component as a through hole) is “not a recess cavity”.
The examiner respectfully disagrees. As set forth above, the examiner interprets channel or hole 26 Heinzelman as a first recess cavity. The applicant has not provided a special definition for the terminology “recess cavity” in the disclosure. MPEP 2111.01 (I) states “Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification - the greatest clarity is obtained when the specification serves as a glossary for the claim terms. Phillips v. AWH Corp., 415 F.3d 1303, 1315, 75 USPQ2d 1321, 1327 (Fed. Cir. 2005) (en banc).” According to www.dictionary.com “recess” is defined as “an indentation in a line or extend of coast, hills, forest, etc.” and “cavity” is defined as “any hollow place; hollow”. The examiner maintains that channel/hole 26 meets the definition of a recess cavity in that it is indented from the front surface and forms a hollow. As can be seen in Figure 3 (provided below), a second component (elastomer covering, see claim 4, column 2 lines 59-67, and Figure 3) is positioned within the first recess cavity (26) and surrounded by the perimeter portion of the first component such that the perimeter portion and an outer surface of the second component collectively form an exposed front surface of the body (Figures 1-3).
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The remainder of the applicants arguments that are in regards to other rejections under 35 USC 112, 35 USC 102, and 35 USC 103 are found to be persuasive at this time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2017/0318782 to Sullivan et al. teach a brush handle (10) having continuous elongate grooves in a longitudinal direction (19, Figures 1-3) as well as a finger depressions in a central region (Figures 1-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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