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 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 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wotherspoon (WO 2017/173479).
Claim 18
Wotherspoon discloses a container (50) for cleaning an orthodontic appliance comprising a first component (14) having a first housing (defined by interior space between upper base 24 and handle 26’) and first set of bristles (16) arranged in a first array, the first set of bristles removably attached to the first housing; and a second component (20) having a second housing (defined by interior space between lower base 21 and handle 28) and a second set of bristles (22) arranged in a second array, the second set of bristles extending toward the first set of bristles when the container is in a closed condition; wherein the first component and the second component are placed in apposition to provide a closed container; and wherein the plurality of bristles of the second set of bristles are in contact with a plurality of the first set of bristles when the container is closed (see figure 2d). Wotherspoon discloses the container could be assembled and disassemble for interchangeably purposes of the components of the container (see page 15 lines 3-9).
Claim 20
Wotherspoon further discloses the first component is rotatable with respect to the second component (see abstract).
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.
Claims 1, 5, 6, 9-12, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Trahan (9,198,745) in view of Doll (US 2014/0311527).
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Claim 1
Trahan discloses a container for cleaning an orthodontic appliance comprising a first component (defined by combination of structures 1, 2 and 7) having a first set of bristles (10) arranged in a first array; and a second component (defined by combination of structures 5 and 8) having a second set of bristles (10) arranged in a second array, the second set of bristles extending toward the first set of bristles when the container is in a closed condition (see figures 3 and 5); wherein the first component is rotatable relative to the second component to clean the orthodontic appliance positioned within the container (see column 2 lines 9-18). Trahan does not disclose the bristles from the first component having different height positioned inwardly from the other, and further including a third set of bristles having a height greater than the second set of bristles, as required. However, Doll discloses a device (30) for cleaning dental appliances comprising a first component (32) comprising plurality of bristles (70) including a first set of bristles having a first plurality of bristles having a first height, a second component (32) having a second plurality of bristles positioned inwardly of the first plurality of bristles and having a second height less than the first height and a third plurality of bristles positioned inwardly of the second plurality of bristles and having a third height greater than the second height (see figure above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the height of the bristles of Trahan having different height in the first and second components as taught by Doll for fitting and accommodate to the shape of the orthodontic appliance to be cleaned within the container.
Claim 5
Trahan as modified by Doll discloses the array of the first set of bristles is different, in height, than the second array of the second set of bristles
Claim 6
Trahan further discloses the array of the first set of bristles is the same, in thickness, as the second array of the second set of bristles (see figure 5).
Claim 9
Trahan as modified by Doll discloses distal tips of the first set of bristles and distal tips of the second set of bristles extend in an imaginary line forming a substantially sinusoidal wave from an outermost region to a more central region (see figure above).
Claim 10
Trahan as modified by Doll discloses the first set of bristles forms a concavity and the second set of bristles forms a concavity, the concavity of the second set of bristles defined between an outermost region and a more central region (see figure above).
Claim 11
Trahan further discloses the first component includes a first housing and a first support plate (9) positioned within the first housing, the first set of bristles extending downwardly from the first support plate, and the second component includes a second housing and a second support plate (9) positioned within the second housing, the second set of bristles extending upwardly from the second support plate (see figure 5), wherein one or both of the first support plate and second support plate are removably attachable to the first and second housings housing, respectively (see column 2 lines 24-30 and lines 64-67).
Claim 12
Trahan further discloses the first component is releasably lockingly engageable with the second component, by complementary threads (19 and 20) between the first and second components (see (see column 4 lines 27-31), to clean the orthodontic appliance as the first and second sets of bristles frictionally engage the orthodontic appliance on opposite sides (see column 2 lines 24-33).
Claim 15
Trahan further discloses the first component includes a first housing and a first support plate (9) positioned within the first housing, the first set of bristles extending downwardly from the first support plate, and the second component includes a second housing and a second support plate (9) positioned within the second housing, the second set of bristles extending upwardly from the second support plate (see figure 5).
Claim 16
Trahan as modified by Doll discloses the second set of bristles are of differing heights (see figure above).
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Trahan (9,198,745) and Doll (US 2014/0311527) as applied to claim 1 above, and further in view of Saarela (5,298,077).
Claim 2
Trahan discloses the first and second containers attached each other by locking mechanism/complementary threads (19 and 20) (see column 4 lines 27-31). Saarela discloses a cleaning device (10) comprising first component (14) and second component (12) comprising a locking mechanism comprising a rib (46) and a tab (42) between the components which are rotatably attached and could be disengage from each other when the tab is aligned with a notch (48) (see column 2 lines 63-68 and column 3 lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the locking mechanism/threads of Trahan for the for the locking mechanism of Saarela since both types of locking mechanism are equivalent in the art and would perform the function of attaching the first and second components equally well.
Claim 4
After Trahan is modified by Saarela, the locking mechanism will maintain at least some of the first set of bristles and/or at least some of the second set of bristles in continuous contact with the retainer/container. Trahan discloses the set of bristles are attached to the first and second components by stems (13 and 17), which are independent from the locking mechanism, therefore after modifying Trahan, the set of bristles are still attached and in contact to the orthodontic appliance.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Trahan (9,198,745) and Doll (US 2014/0311527) as applied to claim 12 above, and further in view of Hensel (US 2003/0116449).
Trahan further discloses the first and second containers attached each other by locking mechanism/complementary threads (19 and 20) (see column 4 lines 27-31). Trahan does not disclose the locking mechanism including a locking post engageable with a receiver in a male-female engagement. However, Hensel discloses a container comprising components (13 and 25) attached each other by a locking mechanism comprising a post (21) received within a central aperture and engaging with a receiver (defined by portion of projection 26 that engages with barbs 27) for locking the components together (see [0036], [0040] and figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the locking mechanism/threads of Trahan for the for the locking mechanism of Hensel since both types of locking mechanism are equivalent in the art and would perform the function of attaching the first and second components equally well.
Claims 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wotherspoon WO 2017/173479) as applied to claim 18 above, and further in view of Doll (US 2014/0311527).
Claims 19 and 21
Wotherspoon does not disclose the first set of bristles having a different height compared to the height of the second set of bristles, and further comprising a third set of bristles, as required. However, Doll discloses a device (30) for cleaning dental appliances comprising a first component (32) comprising plurality of bristles (70) including a first set of bristles having a first plurality of bristles having a first height, a second component (32) having a second plurality of bristles positioned inwardly of the first plurality of bristles and having a second height less than the first height and a third plurality of bristles positioned inwardly of the second plurality of bristles and having a third height greater than the second height (see figure above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the height of the bristles of Wotherspoon having different height in the first and second components as taught by Doll for fitting and accommodate to the shape of the orthodontic appliance to be cleaned within the container. After Wotherspoon is modified by Doll, the different heights between the bristles would form a concavity between a center portion and a periphery of the first housing.
Allowable Subject Matter
Claim 3 is allowed.
Claims 8, 14 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, 4-6, 8-13, 15, 16 and 18-20 have been considered but are moot in view of new grounds of rejection.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736