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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 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 15 recites the limitation "the substrate" in line 7. There is insufficient antecedent basis for this limitation in the claim. Also, there is “a substrate” introduced in claim 17. Is the substrate of claim 17 the same as the one recited in claim 15?
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) 1, 6-11, 15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang, US 2020/0154873.
Regarding claim 1, Chang discloses a massage brush comprising: a handle portion operable to be grasped by a user (10, Figures 1B-1C); and a plurality of bristles extending from the handle portion (12, 13), wherein the plurality of bristles comprises a set of primary bristles (13) and a plurality of protuberances (12, Figures 1B-1C), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement (Figures 1B-1C). Regarding claim 6, the handle portion includes a convex distal end and a concave proximal end (the handle portion 10 is a moon shape in Figure 1C, the surface facing upwards is the concave proximal end and the opposite surface is the convex distal end). Regarding claim 7, the convex distal end of the handle portion is contoured to conform to a first arc and the concave proximal end of the handle portion is contoured to conform to a second different arc (Figure 1C). Regarding claim 8, the first arc is a portion of an ellipse and the second arc is a portion of a circle (Figure 1C). Regarding claim 9, the handle portion comprises an upper surface (upper surface of 10 where 11 is located in Figures 1B-1C), and wherein the plurality of bristles is coupled to and extend from the upper surface (Figures 1B-1C). Regarding claim 10, a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface (gaps of the upper surface of 10 would show visibly from a top view due to the gaps between the bristles 13 and protuberances 12 in Figures 1B-1C). Regarding claim 11, the plurality of bristles is surrounded by a portion of the upper surface after the plurality of bristles are coupled to the upper surface (Figure 1C).
Regarding claim 15, Chang discloses a method of forming a brush comprising: providing a plurality of bristles (bristles 12, 13 provided, see Figures 1B-1C), wherein the plurality of bristles comprises a set of primary bristles (13) and a plurality of protuberances (12); providing a handle portion (10); and coupling the plurality of bristles to the handle portion (bristles 12 and 13 coupled by molding to base 11 that is secured to the handle 10, paragraph [0026]), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement when the substrate is coupled to the handle portion (Figures 1B-1C). Regarding claim 20, the handle comprises an upper surface (upper surface of 10, Figures 1B-1C), wherein the plurality of bristles is coupled to and extend from the upper surface (Figures 1B-1C), wherein a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface (gaps of the upper surface of 10 would show visibly from a top view due to the gaps between the bristles 13 and protuberances 12 in Figures 1B-1C), and wherein the plurality of bristles is surrounded by a portion of the upper surface after the plurality of bristles are coupled to the upper surface (Figures 1B-1C).
Claim(s) 1-3, 9, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Godin et al., US 2020/0138177.
Regarding claim 1, Godin et al. disclose a brush comprising: a handle portion operable to be grasped by a user (116); and a plurality of bristles extending from the handle portion (124), wherein the plurality of bristles comprises a set of primary bristles (the bristle fibers 124 that are not part of nubs 1010, Figures 10-11) and a plurality of protuberances (1010, Figures 10-11), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement (Figure 10, proximal ends of 124 are provided in a concave arrangement in that the end 130 can be concave, second to last sentence in paragraph [0049], not shown in Figures). Regarding claim 2, the plurality of bristles comprise a second set of bristles grouped together (the second set are those bristles that form the protuberances 1010, Figures 10-11, paragraph [0066]), wherein each protuberance of the plurality of protuberances is at a proximal end of a particular grouping of bristles of the second set of bristles (Figure 10, grouping(s) of bristles that form 1010). Regarding claim 3, the plurality of bristles is coupled to a substrate that is couplable to a handle portion (112, substrate may also include a fastener or an adhesive, paragraph [0048], ferrule 112 couplable to handle, paragraph [0051]), wherein the substrate includes a plurality of apertures (not shown, described in paragraph [0048] as grooves that extend into face 350 of the ferrule 112), and wherein each grouping of bristles of the second set of bristles is extended through a particular aperture of the plurality of apertures (paragraph [0048], describes all brush fibers as secured within the grooves). Regarding claim 9, the handle portion comprises an upper surface (upper surface 350, Figure 12), and wherein the plurality of bristles is coupled to and extend from the upper surface (Figure 12).
Regarding claim 15, Godin et al. disclose a method of forming a brush comprising: providing a plurality of bristles (bristles 124), wherein the plurality of bristles comprises a set of primary bristles (the bristle fibers 124 that are not part of nubs 1010, Figures 10-11) and a plurality of protuberances (1010); providing a handle portion (116); and coupling the plurality of bristles to the handle portion (via ferrule 112, may include grooves, a fastener or an adhesive, paragraph [0048]), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement when the substrate is coupled to the handle portion (Figures 10-12 and proximal ends of 124 are provided in a concave arrangement in that the end 130 can be concave, second to last sentence in paragraph [0049], not shown in Figures; substrate includes 112 and/or fastener and/or adhesive, paragraph [0048]). Regarding claim 16, the plurality of bristles comprise a second set of bristles grouped together (the second set are those bristles that form the protuberances 1010, Figures 10-11, paragraph [0066]), wherein each protuberance of the plurality of protuberances is at a proximal end of a particular grouping of bristles of the second set of bristles (Figure 10, grouping(s) of bristles that form 1010). Regarding claim 17, the plurality of bristles is coupled to a substrate that is couplable to a handle portion (112, substrate may also include a fastener or an adhesive, paragraph [0048], ferrule 112 couplable to handle, paragraph [0051]), wherein the substrate includes a plurality of apertures (not shown, described in paragraph [0048] as grooves that extend into face 350 of the ferrule 112), and wherein each grouping of bristles of the second set of bristles is extended through a particular aperture of the plurality of apertures (paragraph [0048], describes all brush fibers as secured within the grooves).
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(s) 4 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 in view of Chen, US 6,735,808.
Godin et al. disclose all elements previously discussed above, however fails to disclose that the first set of bristles are coupled to a front surface of the substrate and wherein each grouping of bristles of the second set of bristles is extended through a particular aperture of the plurality of apertures through a rear surface of the substrate prior to the rear surface of the substrate being coupled to the handle portion. Regarding claim 19, the substrate is coupled to the handle portion via an adhesive positioned between the substrate and the handle portion (paragraph [0048]). It is noted that Godin et al. teach that the plurality of bristles and substrate can couple to the handle in a number of different fastening arrangements (paragraphs [0048], [0051]).
Chen teaches a brush having a handle portion to be grasped by a user (52), a plurality of bristles extending from the handle portion (73, 62), wherein the plurality of bristles comprises a first set of primary bristles (73) and a second set of bristles that form protuberances (62), the plurality of bristles are coupled to a substrate couplable to the handle portion (substrate formed by 7, shown unassembled in Figure 3 and assembled/coupled in Figures 4-8), wherein the substrate includes a plurality of apertures (71, 72), wherein each of the second set of bristles extends through a particular aperture of the plurality of apertures (Figures 3 and 5-7). Regarding claims 4 and 18, the first set of bristles are coupled to a front surface of the substrate (via 71, see Figures 3 and 5-7), wherein each of the second set of bristles extends through a particular aperture (72) of the plurality of apertures through a rear surface of the substrate prior to the rear surface of the substrate being coupled to the handle portion (Figures 5-7, column 3 lines 3-13) so that each of the first/primary set of bristles and the second set of bristles can be manufactured separately and then assembled together quickly (column 3 lines 14-22).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the substrate and coupling method of Godin et al. so that the first set of bristles are coupled to the front face of the substrate and wherein each grouping of the bristles of the second set of bristles are extended through a particular aperture of the plurality of apertures through a rear surface of the substrate prior to the substrate being coupled to the handle portion, as Chen teaches, so that the two separate sets of bristles can be preassembled separately and then fastened together in a quick manner.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177.
Godin et al. disclose all elements previously disclosed above and additionally teaches that the plurality of bristles include varying types of bristles including lengths and cross-section shapes (paragraphs [0047], [0050]) and that the bristles of the first set of bristles may be different material than the second set of bristles (paragraph [0067]). Inherently, if the bristles of the first set and second set are different material or cross-section shape then they must have different hardnesses and densities. Godin et al. does not specifically mention that the first and second sets of bristles have different hardnesses and densities.
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 set of bristles and second set of bristles of Godin et al. where they are each formed of different materials and cross-sectional shapes so that they have different hardness and density as it is well known that a different material and shapes would result in different structural characteristics including hardness and density.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 in view of Zeilah, US 2018/0168333.
Regarding claim 12, Godin et al. disclose a brush comprising: a handle portion operable to be grasped by a user (116); and a plurality of bristles extending from the handle portion (124), wherein the plurality of bristles comprises a set of primary bristles (the bristle fibers 124 that are not part of nubs 1010, Figures 10-11) and a plurality of protuberances (1010, Figures 10-11), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement (Figure 10, proximal ends of 124 are provided in a concave arrangement in that the end 130 can be concave, second to last sentence in paragraph [0049], not shown in Figures). The brush disclosed in Godin et al. is capable of providing a therapeutic massage depending on its use, see MPEP 2114 that recites: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Godin et al. fail to disclose that the brush is part of a system that comprises a case.
Zeilah, regarding claim 12, teaches a system that incorporates a brush (50) comprising a handle portion (50A) and a plurality of bristles (29); and a case (10; Figure 1) operable to actuate between an open configuration (Figure 2) and a closed configuration (Figure 3), wherein the case is operable to receive the brush when the case is in the open configuration (as shown in Figure 1), and wherein the case is operable to house the brush when the case is in the closed configuration (Figure 5). Regarding claim 13, the case includes a plurality of projections operable to receive and align the brush within the case when the case is in the closed configuration (projecting walls of 26 along with the curved opening 19 receive and align the brush handle 50A and thus the brush within the case when it is closed, see Figures 1 and 5). Regarding claim 14, the case includes a hinge (31), the case transitions between the closed configuration and the open configuration about an axis through the hinge (Figures 2 and 4, paragraph [0036]). Zeilah teach that the case prevents the brush from being damaged during storage and is designed to be portable (paragraphs [0009]-[0010]).
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 brush of Godin et al. so that it is incorporated as part of a system that additionally includes a case, such as the one taught by Zeliah that is operable to house a brush when the case is in an open configuration and closed configuration so that a user is able to store the brush within the case in order to protect the brush from damage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mink, US 8,104,132 teaches a brush the brush has a plurality of bristles including a first set of bristles (those in tuft 101) and a second set of bristles that form a protuberance (those in tuft 103, see Figures) and that the first set and second set have different bristle characteristics so that the brush has a desired texture and feel (column 3 lines 54-62).
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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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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