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.
Claim 5 is 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 5 recites, “a coupling support groove configured such that the toothbrush member is inserted thereinto and supported therein is formed on an inside of the extraction conduit,” The examiner is unclear, given the punctuation and language order, what portion is formed given it follows a toothbrush member, and the coupling support groove, and the full portable interdental toothbrush (preamble).
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9,907,390 to Lee (L1) in view of US 8.789.701 to Holbein (H1) and US 4,880,111 to Bagwell (B1).
In Re Claim 1:
L1 teaches:
A portable interdental toothbrush with improved ease of use, the portable interdental toothbrush comprising: [See Title]
a functional drug (Fig. 9, C) filled in a reservoir ( 1), [Col. 4, ll.19- 41.]
a toothbrush member (Fig. 8, 2) provided, [Col. 4, ll. 19-41]
L1 does not teach:
A main body configured such that a first storage portion having a first accommodation space is formed in an upper portion thereof and a second storage portion having a second accommodation space is formed in a lower portion thereof, the functional drug is in the first accommodating space, the toothbrush member is in the second accommodation space, and wherein an extraction conduit configured to be open downward is formed in a lower portion of the second storage portion; and wherein a bottom end of the extraction conduit is packed such that a hole of the bottom end is blocked by a sealing film so that, when the portable interdental toothbrush is used, the sealing film is removed and the toothbrush member is extracted.
H1 teaches:
It is well-known to form blister packs of a polymer film (Col. 15,ll. 5-20] for the shipment of toothbrushes (Fig. 19A, 10) and sachets(81) of a cleaning drug, such that the toothbrush is received in a lower space of the main body, and the functional drug is in a second upper space of the main body, and wherein the extraction tooth brush lower portion is facing downward. [See Fig. 19A.] This permits the easy assembly of cleaning drug and toothbrush and the easy separation of them into kits. [Col. 14, line 56 – Col. 15, line 5.]
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 invention L1 by using the packaging kit method of H1, wherein the brush portion is in a lower space, and the drug is in an upper second space of a main body of a storage/delivery system, as taught by H1, with the expectation of successfully providing a manner of easily delivering, transporting, and sealing toothbrush and functional drug, and ease of separating into individual kits for dispersal [Col. 14, line 56 – Col. 15, line 5.] This would yield the limitations of a main body (packaging) wherein the toothbrush member (L1, Part 2) was located in the lower second accommodation space, and the bottom end of the second storage portion was blocked by a sealing film, (the blister pack is a polymer film) that seals, and the upper first accommodation space has the functional drug and part (L1, 1).
L1 as modified by H1 is silent as to:
The lower portion of the toothbrush accommodating portion of H1, is the explicit extraction conduit.
B1 teaches:
It is well-known in the art to extract a toothbrush feature (Fig. 3, 36) can be extracted from the bottom conduit(20, 22) of a sealed toothbrush accommodating space to prevent contact with the bristle portion, by opening the sealed film region at the bottom for improved storage and transport. [Col. 5, ll. 60-64.]
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 invention of L1, such that the blister pack was peelable at the bottom portion forming an extraction conduit from the toothbrush, such that it may be attached to drug reservoir in the upper accommodation space. [Col. 5, ll. 60-64.] This would yield the lower portion of the toothbrush accommodating portion would be the extraction conduit.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over L1, H1, and B1 as applied to claim 1 above, and further in view of US 1,473,766 to Healy (H2).
In Re Claim 2:
L1 as modified by H1 and B1 in claim 1 teaches:
The portable interdental toothbrush of claim 1, wherein:
a separation cut line (H1, Fig. 20a, 186) is formed between the first storage portion and the second storage portion so that the first storage portion and the second storage portion are separated into independent parts; [H1, Col. 15, ll. 6-36, references to 86 and 186.]
A coupling conduit [H1, Figure 201, lower portion of 181, corresponding to element (L1, Fig. 4, 13) is configured to be inserted into the extraction conduit, and a cap (H1, 187) is formed on a bottom of the coupling conduit in an integrated manner, and the cap portion is removed through an opening cut line (185) formed in an lower portion of the coupling conduit when the portable interdental toothbrush is used. [L1 Fig. 4 shows, that the neck (coupling conduit) of the L1 fluid region (Fig. 4, 13) is such that the tip of the toothbrush portion can be inserted. In so far as this is “configured” such that the coupling conduit can be inserted into the extraction conduit, the top if the coupling conduit is sized smaller than the full interdental toothbrush extent, thus would fit within the bottom of the blister pack portion holding the interdental toothbrush through which the full interdental toothbrush must be extracted. and thus, capable of meeting “configured to be inserted” in so far as this language has any structural limitation given a method step cannot be interpreted into the structure beyond its structure is capable of the function. Further it can be seen in H1, Col. 15, ll. 20-49 discloses the integral seal/cap on the fluid reservoir is removable by cut.]
L1 as modified by H1 and B1 as applied to claim 1 above, does not teach:
The cap and coupling conduit are formed in an upper region of the first accommodating space.
H2 teaches:
One of ordinary skill would be well aware when providing a kit for a toothbrush (Fig. 1, 2) the toothbrush being in a lower accommodating space (1) and a toothpaste (15) retained in an upper accommodating space, the opening to the toothpaste portion could be upward located not bottom located. [Page 1, ll. 57-75.]
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 invention of L1, H1, and B1, which is silent as to requiring the dental toothpaste containment being downward facing, could be upward facing as it has been disclosed by H2, that one of ordinary skill would recognize a toothbrush and toothpaste kit could have the toothpaste upward facing in the upper chamber, as an obvious to try variant over the downward facing upper storage toothpaste container, as shown by H2, Page 1, ll. 57-75. This would yield the limitation of the cap and coupling conduit formed in an upper region of the first accommodating space.
In Re Claims 3-5:
L1 as modified by H1, H2, and B1, teaches:
The portable interdental toothbrush of claim 2, wherein:
(Claim 3) The first storage portion and the second storage portion are connected through an internally closed connection portion in an integrated form, [H1, Fig. 20, A shows the first and second storage are integrally joined. ]
The separation cut line[H1, Fig. 20b, 186) is formed in the connection portion so that the first accommodation space and the second accommodation space are not exposed through the separated portions. [H1, Fig. 20A and 20B, show the separation line (186) does not enter either accommodating spaces.]
(Claim 4) wherein the coupling conduit is inserted into the extraction conduit and coupled to the toothbrush member so that the toothbrush member can be taken out to an outside without taking it out by hand. [Examiner notes, this is a structure claim as any direct method steps or steps required by the claim are not considered, save for the structure implied. AS noted in the discussion of claim 2 above, the tip (L1, Fig. 4, 13) of the reservoir would fit within the accommodating interdental toothbrush end and per L1, it can be coupled to the toothbrush member, and the toothbrush member can be press fit into it per L1, such that it would grip and friction would permit extraction of the toothbrush member. Furthermore, as noted by B1, Col. 5, ll. 37-43, holding the brush through the packaging to manipulate it (such as to press-fit it into the neck (L1, 13) of the reservoir) is a known method to manipulate the brush without fingers contaminating or being contaminated.]
(Claim 5) claim 4, a coupling support region (bottom of toothbrush accommodating space of H1, Fig. 20A), is configured such that the toothbrush member is inserted thereinto and supported therein is formed on an inside of the extraction conduit so that the toothbrush member is supported to be inserted into the coupling support region without being separated when the coupling conduit is inserted. [Examiner notes, this is a structure claim as any direct method steps or steps required by the claim are not considered, save for the structure implied. AS noted in the discussion of claim 2 above, the tip (L1, Fig. 4, 13) of the reservoir would fit within the accommodating interdental toothbrush end and per L1, it can be coupled to the toothbrush member, and the toothbrush member can be press fit into it per L1, such that it would grip and friction would permit extraction of the toothbrush member.]
L1 as modified in claim 2 does not teach:
A coupling support region is a groove.
H2 further teaches the bottom portion can contain grooving(threading) for retaining and securing the toothbrush prior to extraction of it form the cover. (1). [H2, Fig. 1, and Page 1, ll. 26-35.]
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 invention of L1, H1, H2, and B1, further in view of H2 again for its teaching of a groove (threading region) in the bottom of the package as taught by H2, with the expectation of improving the containment and securing the toothbrush handle portion [H2, Fig. 1, and Page 1, ll. 26-35.] This would yield the bottom portion of the toothbrush accommodating region can holding region including threads (Grooves) for ease of securing and attachment and regained before the package/cover(11) is extracted from the toothbrush .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,932,604 to Han et al. teaches it is well-known to provide a cover(Fig. 1, 50) on an interdental toothbrush pick(22) that permits the coupling portion (121) or a reservoir can be inserted and the cover can be extracted. DE 102010032944 to Zahoransky teaches when forming toothbrush blister packs (Fig. 4] a sealing film(8, 23) can be placed at a bottom region for allowing extraction of the toothbrush downward. KR 101500260 to Guen, Fig. 3A teaches a cover/accommodating space (3) containing a toothbrush and an accommodating space(1) containing a drug, the cover(3) such that a coupling portion(116) of a reservoir can be inserted to an extraction portion(2) of a toothbrush accommodating space to remove the toothbrush from the accommodating space(3). JP 2005193031 to Chan teaches a sealed (Fig. 4, 25) toothbrush accommodating space (23) holding a toothbrush(10A) in a lower region. Of two containments.]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA R BEEBE whose telephone number is (571)272-9968. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA R BEEBE/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745