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
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) 12, 15, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hadden, US 2,161,349.
Regarding claim 12, Hadden teaches an oral care implement comprising a handle (1), a head coupled to the handle (2), the head comprising a front surface (facing upwards in Figures 3-4), a longitudinal axis that extends from a proximal end of the head to a distal end of the head (unlabeled length of head 2, see Figures 1-2), and a transverse axis that extends from a first lateral side of the head to a second lateral side of the head (unlabeled width of head 2, extends between sides, Figure 2); a plurality of tooth cleaning elements extending from the front surface of the head (5, 7; see Figures), the plurality of tooth cleaning elements comprising: a first conical tuft (one of the tufts, see Figure 6) comprising a bristle wall (at 7, along periphery, page 1 column 2 lines 6-12) having an inner surface defining a cavity along a first cavity axis (6), the first cavity having a transverse cross-sectional area that increases with a distance from the front surface of the head (Figures 3-4 and 6); and a second conical tuft (another one of tufts, Figure 6) comprising a continuous bristle wall (at 7, along periphery, page 1 column 2 lines 6-12) having an inner surface defining a second cavity along a second cavity axis (6), the second cavity having a transverse cross-sectional area that increases with a distance from the front surface of the head (Figures 3-4 and 6); and wherein the first and second conical tufts are located on opposite sides of the transverse axis (as the tufts are grouped as three tufts along the length of the head 2, see Figures 1-4; see also page 2 column 1 lines 31-36). Regarding claim 15, the first and second conical tufts are located on opposite sides of the transverse axis and are aligned on the longitudinal axis (Figures 1-4). Regarding claim 17, the transverse axis is located midway between the proximal and distal ends of the head (see Figure 2, marked up below).
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Regarding claim 18, Hadden teaches an oral care implement comprising a handle (1), a head coupled to the handle (2), the head comprising a front surface (facing upwards in Figures 3-4), a rear surface (facing downwards in Figures 3-4), and a lateral edge extending between the front and rear surfaces (perimeter edge, Figures 1-2); a plurality of tooth cleaning elements (5, 7; see Figures), the plurality of tooth cleaning elements comprising: a conical tuft (one of tufts, Figure 6) comprising a continuous bristle wall (at 7, along periphery, page 1 column 2 lines 6-12) having an inner surface defining a second cavity along a second cavity axis (6), the cavity having a transverse cross-sectional area that increases with a distance from the front surface of the head (Figures 3-4 and 6); and a central cleaning element located within the cavity (unlabeled, a central most bristle within the cavity formed by the conical tuft as shown in Figure 6); and wherein the conical tuft is located adjacent to the lateral edge of the head such that there are no tooth cleaning elements located between the outer surface of the conical tuft and the lateral edge of the head (see Figures 1-2 and also page 2 column 1 lines 31-36).
Claim(s) 12, 14, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hohlbein, WO 2014/098854.
Regarding claim 12, Hohlbein teaches an oral care implement comprising a handle (120), a head coupled to the handle (140), the head comprising a front surface (facing upwards in Figure 1), a longitudinal axis that extends from a proximal end of the head to a distal end of the head (Figure 1, axis along A), and a transverse axis that extends from a first lateral side of the head to a second lateral side of the head (unlabeled width of head, extends between sides, Figure 2); a plurality of tooth cleaning elements extending from the front surface of the head (210, 220, 250, 260, 270; see Figures), the plurality of tooth cleaning elements comprising: a first conical tuft (one of the tufts 220, see Figures 1-4) comprising a bristle wall (240, Figure 4) having an inner surface defining a cavity along a first cavity axis (cavity 230), the first cavity having a transverse cross-sectional area that increases with a distance from the front surface of the head (Figure 4); and a second conical tuft (another one of tufts 220, Figures 1-4) comprising a continuous bristle wall (at 240, along periphery, Figures 1-4) having an inner surface defining a second cavity along a second cavity axis (also 230), the second cavity having a transverse cross-sectional area that increases with a distance from the front surface of the head (Figure 4); and wherein the first and second conical tufts are located on opposite sides of the longitudinal axis (Figures 1-4). Regarding claim 14, the first and second conical tufts are located on opposite sides of the longitudinal axis and are aligned on the transverse axis (Figures 1-4). Regarding claim 16, the conical tufts terminate in a first and second annular top surfaces (241), and wherein one of the first and second annular top surfaces is non-parallel to the front surface of the head (paragraph [0056]). Regarding claim 17, the transverse axis is located midway [AltContent: textbox (transverse axis)]between the proximal and distal ends of the head (see Figure 2, marked up below).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-5, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, US 2011/0047736 in view of Moskovich et al., US 7,275,277.
Regarding claim 1, Jimenez discloses an oral care implement comprising: an integral body comprising a handle and a head (110, 120, see Figures), the head comprising a front surface (121); a plurality of tooth cleaning elements (130-134, Figure 5, paragraph [0040]-[0041]), each of the tooth cleaning elements are extending from the head (see Figures) and are secured to the head by melting to a plate bottom and extending through the plate to protrude from the front surface of the head (paragraph [0045]), the plurality of tooth cleaning elements comprising: a conical tuft comprising a continuous bristle wall having an inner surface defining a cavity along a cavity axis (formed from 134a-f, last sentence of paragraph [0050] states that the hollow cone structure formed by 134a-f can be formed by an angled wall formed by an elastomer or densely packed bristles; cavity axis at axis B in Figures 7-8), the cavity having a transverse cross-sectional area that increases with distance from the front surface of the head (Figures 6-5); and a central cleaning element located within the cavity (135, Figures 6-8), wherein the central cleaning element comprises an outer surface that is spaced apart from the inner surface of the bristle wall from the front surface of the head to a distal end of the central cleaning element (Figures 7-8). Regarding claim 4, the central cleaning element comprises a plurality of bristles (135, paragraph [0047]). Regarding claim 5, the central cleaning element has a first maximum height and the conical tuft has a second maximum height, the first maximum height being greater than the second maximum height (in the embodiment shown in Figure 8). Regarding claim 11, the central cleaning element converges with the continuous bristle wall at a position located below the front surface of the head (Figure 7) such that an annular gap is formed between the central cleaning element and the inner surface of the continuous bristle wall extends below the front surface of the head (Figure 7, space between tufts 134 and 135 forms an annular gap).
Jimenez does not disclose that the head has a basin defined by a floor and a sidewall with a head plate coupled to the head within the basin, that the plurality of tooth cleaning elements extend from a melt matte located between the head plate and the floor of the basin through one of the tuft holes in the head plate. Note that Jimenez does disclose that each of the tooth cleaning elements are extending from the head and are secured to the head by melting to a plate bottom and extending through the plate to protrude from the front surface of the head (paragraph [0045]).
Moskovich et al. teach that it is known in an oral care implement that has a handle (102) and (104, 120), the head comprises a front surface having a basin defined by a floor and a sidewall (unlabeled “receiving portion” or “head plate cavity” where plate 150 is positioned, see Figures and column 3 lines 28-36 and 46-50); a head plate coupled with the basin (150), the head plate comprising a plurality of tuft holes (156); a plurality of tooth cleaning elements (158), each of the tooth cleaning elements extending from a melt matte that is located between the head plate and the floor of the basin through one of the tuft holes in the head plate protruding from the front surface of the head (column 3 lines 22-32 and 54-56), resulting in cleaning elements spaced apart (see Figures). By mounting the cleaning elements to the head plate in this manner there is an advantage of forming a head plate from a flexible material that allows the cleaning elements flexibility during brushing conditions while still providing a perimeter of structural rigidity (column 3 lines 51-62).
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 head of Jimenez to include a basin to receive a head plate within the basin such that a melt matte is located between the head plate and the floor of the basin with the tooth cleaning elements extending from the melt matte through tuft holes in the plate, as taught by Moskovich et al., so that the plate and cleaning elements can be made of a different material allowing for more flexibility and movement of the cleaning elements during brushing.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, US 2011/0047736 and Moskovich et al., US 7,275,277.
Regarding claim 2, Jimenez and Moskovich do not disclose that tuft holes comprise an annular tuft hole or a central tuft hole surrounded by the annular tuft hole. However, it is noted that in Jimenez, the tufts extend from the front surface plate of the head and form an annular cross section surrounding a central tuft hole (Figures 6-8, 11B; also last line of paragraph [0050] where the conical tuft is formed by densely packed bristles) and that Moskovich that the tuft holes are of various shapes that correspond to bristle tuft cross-sectional shapes (Figure 2). Regarding claim 3, in Jimenez, there is an annular portion of the front surface of the head that extends between the annular tuft and the central tuft (Figure 6) and in Moskovich the head plate comprises a front surface where there are portions extending between tufts (Figure 2).
Therefore, 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 tuft hole shapes of the plate taught by Moskovich to comprise an annular tuft hole with a central tuft hole surrounded by the annular tuft hole as these correspond to the shapes of the conical tuft having a central cleaning tuft of Jimenez.
Claim(s) 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, US 2011/0047736 and Moskovich et al., US 7,275,277 as applied to claim 1, in view of Beals et al., WO 99/23910 (cited by applicant as WO 1999/023910).
Jimenez and Moskovich et al. disclose all elements previously discussed above including that the conical tuft of Jimenez terminates in a planar annular top surface (see Figures 7-8, tufts of 134 are planar at the top). Jimenez and Moskovich fail to disclose that the planar annular top surface of the conical tuft is inclined relative to the front surface of the head and is non-parallel relative to the front surface of the head.
Beals et al. teach an oral care implement having a plurality of tufts (28, 32, 34, 36, 38) with planar top surfaces (see Figures), the top surfaces are inclined relative to the front surface of the head and are also non-parallel relative to the front surface of the head (see Figures, best demonstrated in Figures 4-5 and 7) so that tufts can clean molars, buccal faces of teeth, and interproximal areas better and more efficiently (page 2 lines 11-13, 21-24) than tufts that are not angled and may miss parts of tooth surfaces needing cleaning (page 1 lines 11-26).
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 conical tuft of Jimenez and Moskovich et al. so that its planar annular top surface is inclined relative to the front surface of the head and non-parallel relative to the front surface of the head, as taught by Beals et al., so that the top surface of the tuft can better clean surfaces of molars, buccal surfaces and interproximal surfaces of teeth.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, US 2011/0047736 and Moskovich et al., US 7,275,277 as applied to claim 1, in view of Casto, US 2,186,005.
Jimenez and Moskovich et al. disclose all elements previously discussed above. Further, it is noted that the conical tuft of Jimenez has a vertical cavity axis that lies in a vertical cavity plane that divides the conical tuft into a first portion and a second portion each having a top edge portion (see Figures 7 and 8, the cavity axis along axis B, the vertical cavity plane can be any plane that intersects that axis, the first and second portions are to the right or left sides of axis B in each of Figures 7 and 8). Regarding claims 7-8, Jimenez does not teach any inclination or declination of a top surface moving away from the cavity plane towards or away from an outer edge. Regarding claim 9, Jimenez and Moskovich et al. fail to disclose that the conical tuft terminates in an annular surface that is non-planar.
Casto teach a cylindrical grouping of tufts that form a discontinuous cylindrical tuft (tufts 17-24, labeled in Figures 6-7) that collectively form a top surface (unlabeled, see Figures) and cavity with a cavity axis (center axis of the cylindrical grouping, extends vertically from the front surface of brush head 16, see Figures). Regarding claim 7, the cavity axis lies in a cavity plane that divides the cylindrical tuft into a first portion and a second portion (to the left or right of a plane that intersects the cavity axis), the first portion terminating in a top surface portion that is inclined moving from the cavity plane to the first outer edge of the first top surface portion (Figure 7), and the second portion terminating in a second top surface portion that is inclined moving from the cavity plane to the second outer edge of the second top surface portion (Figure 7). Regarding claim 8, the cavity axis lies in a cavity plane that divides the cylindrical tuft into a first portion and a second portion (to the left or right of a plane that intersects the cavity axis), the first portion terminating in a top surface portion that is declined moving from the cavity plane to the first outer edge of the first top surface portion (Figure 6), and the second portion terminating in a second top surface portion that is declined moving from the cavity plane to the second outer edge of the second top surface portion (Figure 6). Regarding claim 9, the tuft terminates in a top surface that is non-planar. Casto teaches the inclining or declining first and second top surface portions allow for improved cleaning of gingival crevices, dental embrasure and incisoral spaces (page 1 column 1 lines 5-13) and also to form bevel surfaces that remove food deposits from teeth and spaces between the teeth (page 1 column 1 lines 14-32, also page 2 column 1 lines 20-46).
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 conical tuft of Jimenez and Moskovich et al. so that the first portion terminating in a top surface portion that is inclined or declined moving from the cavity plane to the first outer edge of the first top surface portion, and the second portion terminating in a second top surface portion that is inclined or declined moving from the cavity plane to the second outer edge of the second top surface portion with a top surface that is non-planar, as taught by Casto, so that the top surface of the conical tuft can better reach and clean within gingival crevices, dental embrasure and incisoral spaces of teeth.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, US 2011/0047736 and Moskovich et al., US 7,275,277 as applied to claim 1, in view of Geiberger et al., US 2014/0310901.
Jimenez and Moskovich et al. disclose all elements previously discussed above, however fail to disclose that the conical tuft terminates in an annular surface that is non-planar.
Geiberger et al. teach an oral care implement where there are tufts of bristles arranged on the brush head in annular rings (Figure 2 differentiates annular concentric rings by shading them in different colors, includes rings of tufts 2311, 2312, 2313, 2321, 2322). The annular rings of bristles form a top surface that undulates in height relative to the front surface of the head (Figures 2 and 6, paragraph [0050]), forming a curved bristle surface that corresponds to a natural curvature of the teeth (paragraph [0050]).
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 and second conical tufts of Jimenez and Moskovich et al. so that their annular top surfaces is non-parallel to the front surface, as taught by Geiberger et al., in order to provide a curved bristle surface that accommodates and corresponds to the natural curvature and shape of the teeth being cleaned.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hadden, US 2,161,349 in view of Jimenez, US 2011/0047736.
Hadden discloses all elements previously discussed above, however fails to disclose that there is a first central bristle tuft located within the first cavity of the first conical tuft and a second central bristle tuft located within the second cavity of the second conical tuft.
Regarding claim 13, Jimenez teaches an oral care implement having a conical tuft, the conical tuft comprising a continuous bristle wall having an inner surface defining a cavity along a cavity axis (formed from 134a-f, last sentence of paragraph [0050] states that the hollow cone structure formed by 134a-f can be formed by an angled wall formed by an elastomer or densely packed bristles), the cavity having a transverse cross-sectional area that increases with distance from the front surface of a head (best shown in Figures 7-8; head is 111), and the conical tuft further comprises a central bristle tuft located within the cavity of the tuft (135; note that it is omitted in some embodiments), the central bristle tuft further assists with dispersion of dentifrice during brushing use (paragraphs [0051], [0058]).
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 and second conical tufts of Hadden so that they each include a central bristle tuft located within its respective cavity, as Jimenez teaches that it is beneficial to have a central bristle tuft to further help spread and disperse any dentifrice or toothpaste being used while brushing teeth.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hohlbein, WO 2014/098854 in view of Jimenez, US 2011/0047736.
Hohlbein discloses all elements previously discussed above, however fails to disclose that there is a first central bristle tuft located within the first cavity of the first conical tuft and a second central bristle tuft located within the second cavity of the second conical tuft.
Regarding claim 13, Jimenez teaches an oral care implement having a conical tuft, the conical tuft comprising a continuous bristle wall having an inner surface defining a cavity along a cavity axis (formed from 134a-f, last sentence of paragraph [0050] states that the hollow cone structure formed by 134a-f can be formed by an angled wall formed by an elastomer or densely packed bristles), the cavity having a transverse cross-sectional area that increases with distance from the front surface of a head (best shown in Figures 7-8; head is 111), and the conical tuft further comprises a central bristle tuft located within the cavity of the tuft (135; note that it is omitted in some embodiments), the central bristle tuft further assists with dispersion of dentifrice during brushing use (paragraphs [0051], [0058]).
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 and second conical tufts of Hohlbein so that they each include a central bristle tuft located within its respective cavity, as Jimenez teaches that it is beneficial to have a central bristle tuft to further help spread and disperse any dentifrice or toothpaste being used while brushing teeth.
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hadden, US 2,161,349 as applied to claims 12 and 18 in view of Geiberger et al., US 2014/0310901.
Hadden discloses all elements previously discussed above. With regards to claim 16, Hadden teaches that the first and second conical tufts terminate in first and second respective annular top surfaces (see Figures 1 and 6). Hadden fails to disclose that at least one of the first and second annular top surfaces is non-parallel to the front surface.
Geiberger et al. teach an oral care implement where there are tufts of bristles arranged on the brush head in annular rings (Figure 2 differentiates annular concentric rings by shading them in different colors, includes rings of tufts 2311, 2312, 2313, 2321, 2322). The annular rings of bristles form a top surface that undulates in height relative to the front surface of the head (Figures 2 and 6, paragraph [0050]), forming a curved bristle surface that corresponds to a natural curvature of the teeth (paragraph [0050]).
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 and second conical tufts of Hadden so that their annular top surfaces is non-parallel to the front surface, as taught by Geiberger et al., in order to provide a curved bristle surface that accommodates and corresponds to the natural curvature and shape of the teeth being cleaned.
Allowable Subject Matter
Claim 19 is 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.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art made of record disclose, teach, or suggest the invention of claim 19. As discussed above, Hohlbein, WO 2014/098854 and Hadden, US 2,161,349 teach a conical tuft located adjacent a lateral edge of the head so that there are no tooth cleaning elements located between the outer surface of the conical tuft and the lateral edge of the head, whereas Jimenez, US 2011/0047736 includes an additional tooth cleaning element located between the outer surface of the conical tuft and lateral edge of the head. Jimenez and Hadden each teach a central cleaning tuft located within a cavity of a conical tuft and in Hadden the central cleaning tuft is not spaced apart from the central cleaning element and the conical tuft is located in the same tuft hole as the central cleaning element. In combination, there is not a teaching of a conical tuft comprising a continuous bristle wall having an inner surface defining a cavity along a cavity axis and an outer surface opposite the inner surface, the cavity having a transverse cross-sectional area that increases with distance from the front surface of the head; and a central cleaning element located within the cavity; wherein the conical tuft is located adjacent to the lateral edge of the head such that there are no tooth cleaning elements located between the outer surface of the conical tuft and the lateral edge of the head, wherein the head comprises an annular tuft hole and a central tuft hole that is surrounded by the annular tuft hole and spaced apart from an annular portion of the front surface of the head, wherein the conical tuft is located within the annular tuft hole and the central cleaning element is located within the central tuft hole.
Conclusion
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.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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