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) 1-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Beals (USPN 6298516).
Beals teaches a personal care implement comprising: a handle comprising a first rigid portion (54) having a first end portion, a second rigid portion (50) having a second end portion, and an elastomeric portion (28) located at least partially between the first end portion of the first rigid portion and the second end portion of the second rigid portion, the handle extending along a longitudinal axis; the elastomeric portion comprising a front surface, a rear surface, and a peripheral surface that extends between the front and rear surfaces (figure 5, 5a, 5b); wherein a first groove is formed between the first end portion of the first rigid portion and the second end portion of the second rigid portion on a first side of the longitudinal axis and a second groove is formed between the first end portion of the first rigid portion and the second end portion of the second rigid portion on a second side of the longitudinal axis (see figure below), a first portion of the peripheral surface of the elastomeric portion located on the first side of the longitudinal axis forming a floor of the first groove and a second portion of the peripheral surface of the elastomeric portion located on a second side of the longitudinal axis forming a floor of the second groove (figure 5a).
With regards to claim 2, the first end portion of the first rigid portion comprises a first tab located on the first side of the longitudinal axis and a second tab located on the second side of the longitudinal axis, and wherein the second end portion of the first rigid portion comprises a first tab located on the first side of the longitudinal axis and a second tab located on the second side of the longitudinal axis (see figure below).
With regards to claim 3, the peripheral surface of the elastomeric portion comprises a first lateral side located on the first side of the longitudinal axis and a second lateral side located on the second side of the longitudinal axis, the first lateral side comprising the first portion of the peripheral surface and the second lateral side comprising the second portion of the peripheral surface, the first tabs of the first and second rigid portions being located on the first side of the longitudinal axis and being axially spaced apart by the first portion of the peripheral surface of the elastomeric portion, and the second tabs of the first and second rigid portions being located on the second side of the longitudinal axis and being axially spaced apart by the second portion of the peripheral surface of the elastomeric portion (figure 5a and figure below).
With regards to claim 4, the first end portion of the first rigid portion comprises a first arcuate end surface extending between the first and second tabs of the first rigid portion, and wherein the second end portion of the second rigid portion comprises a second arcuate end surface extending between the first and second tabs of the second rigid portion, the first arcuate end surface adjacent to a top end of the elastomeric portion and the second arcuate end surface adjacent to a bottom end of the elastomeric portion (see figure below).
With regards to claim 5, the first and second portions of the peripheral surface of the elastomeric portion are recessed relative to an outer surface of the first and second rigid portions located at a distal end of the first end portion of the first rigid portion and a distal end of the second end portion of the second rigid portion (figure 5a, shows that the elastomeric portion has an indented area that is recessed relative to an outer surface of the rigid portions; indented area labeled on figure below).
With regards to claim 6, the elastomeric portion is bulbous such that the front and rear surfaces are convex and comprise a plurality of nubs extending from the front and rear surfaces of the elastomeric portion (figure 7a).
With regards to claim 7, the handle further comprises a rigid core comprising an inner surface that defines a through hole (figure 7a, with the cross section line B) and an outer surface, and wherein the elastomeric portion is a monolithic body that fills the through hole and covers an entirety of the outer surface of the rigid core.
With regards to claim 8, the first end portion of the first rigid portion comprises a first tab and a second tab and wherein the second end portion of the first rigid portion comprises a first tab and a second tab, wherein the first and second tabs of each of the first and second rigid portions terminates in a distal end that protrudes from the outer surface of the rigid core, and wherein the first rigid portion, the second rigid portion, and the rigid core are integrally connected to form a monolithic base structure of the personal care implement (see figures below and figures 7 and 7a).
With regards to claim 9, a transverse axis that is perpendicular to the longitudinal axis intersects the elastomeric portion of the handle without intersecting the first and second rigid portions of the handle (figure 7a, cross section line B shows the transverse axis that is perpendicular to the longitudinal axis and does not intersect with the rigid portions).
With regards to claim 10, the elastomeric portion of the handle has an oval shape that is elongated in a direction of the longitudinal axis (see figure below).
With regards to claim 11, the first rigid portion forms a head of the personal care implement, and further comprising a plurality of tooth cleaning elements (24) extending from the head.
With regards to claim 12, the elastomeric portion comprises an outer surface having an exposed annular portion that surrounds the longitudinal axis (figure 5a-5f).
With regards to claim 13, a handle comprising a first rigid portion (54), a second rigid portion (50), and an elastomeric portion (28) located between the first and second rigid portions, the elastomeric portion forming a thumb grip comprising a front surface, a rear surface, and a peripheral surface that extends between the front and rear surfaces; the first rigid portion comprising a first end portion that is adjacent to a top portion of the thumb grip, the first end portion comprising a first tab and a second tab; the second rigid portion comprising a second end portion that is adjacent to a bottom portion of the thumb grip, the second end portion comprising a first tab and a second tab; wherein the first and second tabs of each of the first and second rigid portions comprises an exposed outer surface; and wherein a portion of the peripheral surface of the thumb grip is recessed relative to the exposed outer surface of the first and second tabs of each of the first and second rigid portions (see figures below).
With regards to claim 14, the handle comprises a longitudinal axis and the peripheral surface of the thumb grip comprises a first lateral side located on a first side of the longitudinal axis and a second lateral side located on a second side of the longitudinal axis, the first tabs of the first and second rigid portions being located on the first side of the longitudinal axis and being axially spaced apart by at least a portion of the first lateral side of the peripheral surface of the thumb grip, and the second tabs of the first and second rigid portions being located on the second side of the longitudinal axis and being axially spaced apart by at least a portion of the second lateral side of the peripheral surface of the thumb grip (see figures below).
With regards to claim 15, a first groove is formed between the first tab of the first rigid portion and the first tab of the second rigid portion, the portion of the first lateral side of the peripheral surface of the thumb grip forming a floor of the first groove, and wherein a second groove is formed between the second tab of the first rigid portion and the second tab of the second rigid portion, the portion of the second lateral side of the peripheral surface of the thumb grip forming a floor of the second groove (see figures below).
With regards to claim 16, each of the first and second tabs of each of the first and second rigid portions terminates in a distal end that is located along the peripheral surface of the thumb grip, and wherein the distal ends of each of the first and second tabs of each of the first and second rigid portions protrudes from the peripheral surface of the thumb grip (see figures below).
With regards to claim 17, the handle further comprises a rigid core comprising a loop structure (oval shape) having an inner surface that defines a through hole (figure 7a, cross section line B shows the through hole) and an outer surface, and wherein the elastomeric portion is a monolithic body that fills the through hole and covers an entirety of the outer surface of the loop structure.
With regards to claim 18, the first end portion of the first rigid portion comprises a first arcuate end surface that extends between the first and second tabs of the first rigid portion, and wherein the second end portion of the second rigid portion comprises a second arcuate end surface that extends between the first and second tabs of the second rigid portion (see figures below).
With regards to claim 19, a personal care implement comprising: a rigid component comprising: a first portion (54) extending from a first end to a second end, the first portion forming a neck portion and a head portion of the oral care implement (figure 1); a second portion (50) extending from a first end to a second end, the second portion forming a gripping portion of the oral care implement (figure 1); and a core (figure 5c-5f; middle portion) extending between the first end of the first portion and the first end of the second portion, the core comprising an inner surface that defines a through hole (figure 7a, cross section line B shows the through hole); a resilient component (28) comprising an elastomeric body that forms a thumb grip of the oral care implement; and wherein the core of the rigid component is embedded within the elastomeric body and the elastomeric body fills the through hole of the core (figure 7a).
With regards to claim 20, the first end of the first portion of the rigid component and the first end of the second portion of the rigid component have an arcuate shape (the core is oval shaped and thus the top and bottom are arcuate shaped).
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Claim(s) 19-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Jimenez (USPN 8990995).
Jimenez teaches a personal care implement comprising: a rigid component comprising: a first portion (152) extending from a first end to a second end, the first portion forming a neck portion and a head portion (120) of the oral care implement (figure 4); a second portion (154) extending from a first end to a second end, the second portion forming a gripping portion of the oral care implement (figure 3); and a core (155) extending between the first end of the first portion and the first end of the second portion, the core comprising an inner surface that defines a through hole (figure 7); a resilient component (170) comprising an elastomeric body that forms a thumb grip of the oral care implement; and wherein the core of the rigid component is embedded within the elastomeric body and the elastomeric body fills the through hole of the core (figure 6).
With regards to claim 20, the first end of the first portion of the rigid component and the first end of the second portion of the rigid component have an arcuate shape (the core is oval shaped and thus the top and bottom are arcuate shaped).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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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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/SHAY KARLS/ Primary Examiner, Art Unit 3723