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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 5-10, 15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20200000359 in view of DE 3425737.
‘359 teaches a dividable dental care product, comprising a base part (30) having a handle portion (31) and an interconnection portion (40), and a head part (10) having an interconnection portion (20) and a dental care utility portion (11), wherein the base part and the head part are configured to be separably interconnected by their respective interconnection portion, wherein the interconnection portion of the head part comprises a tubular portion with an internal threading (21) formed on an inwardly facing envelope surface of the tubular portion, wherein the interconnection portion of the base part comprises a protruding portion extending along a longitudinal direction along a central axis from the handle portion towards a free end of the protruding portion, the protruding portion being provided with an external threading (41) formed in an outwardly facing envelope surface of the protruding portion, wherein the protruding portion is configured to be received into the tubular portion by a threading motion about the central axis, wherein the interconnection portion of the base part comprises a shoulder (base of threading) which extends radially outwardly from and circumferentially around the protruding portion and which presents an abutment surface configured to face the head part, wherein the tubular portion is provided with an end surface extending circumferentially around a mouth of the tubular portion, the abutment surface of the base part is configured to abut the end surface of the head part when the base part and head part are interconnected to each other in order to form said dividable dental care product.
‘359 teaches all the essential elements of the claimed invention however fails to teach that the internal threading has a root thickness and a thread pitch as measured along long the central axis, wherein the thread pitch is at least two times the root thickness. ‘737 teaches a threading with a pitch that is two times the root thickness (col. 7, lines 10-32). 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 threading of ‘357 with the threading of ‘737 to achieve the optimum performance of the threading connection.
With regards to claim 2, the abutment surface of the base part is configured to sealingly abut the end surface of the head part when the base part and head part are interconnected to each other in order to form said dividable dental care product (the base and head fit together to form a tight connection).
With regards to claim 5, the inwardly facing envelope surface comprises a non-threaded portion extending from the mouth a distance along the central axis, wherein the distance is at least equal to one times a root thickness of the internal threading (since the threading is helical, it is clear that at least one side of the inwardly facing envelope surface, opposite the start of the helical threading, would have a non-threaded portion equal to the root thickness).
With regards to claim 6, the protruding portion comprises a non-threaded portion extending from the shoulder a distance along the central axis, wherein the distance is at least equal to one times a root width of the external threading (since the threading is helical, it is clear that at least one side of the protruding portion, opposite the start of the helical threading, would have a non-threaded portion equal to the root width).
With regards to claim 7, the dividable dental care product is a toothbrush, wherein the dental care utility portion comprises a brush section (11) comprising a brush head formed in the head part at an end portion of the head part opposing the tubular portion and a plurality of bristles attached to a transversely oriented surface of the brush head.
With regards to claim 8, 19 and 20, the distance along the central axis between a distal end of the brush head and the mouth of the tubular portion is not specified, however, it would have been obvious to have the distance be at least 60mm (claim 8), between 60-90mm (claim 18) or between 60-80mm (claim 20) since the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device. A device having the claimed relative dimensions would not perform differently than the prior art device and therefore the claimed device is not patentable.
With regards to claim 9, an outer circumferential envelope surface of the shoulder of the base part is flush with an outer envelope surface of the head part at the mouth of the tubular portion when the base part and head part are interconnected to each other in order to form said dividable dental care product.
With regards to claim 10, the base part is rotationally symmetrical about the central axis (handle is rectangular and is symmetrical).
With regards to claim 15, ‘359 teaches a head part (10) configured to form part of a dividable dental care product (11), the head part having an interconnection portion (20) and a dental care utility portion (11), wherein the head part is configured to be separably interconnected with its interconnection portion to an interconnection portion (40) of a base part (30), wherein the interconnection portion of the head part comprises a tubular portion extending around a central axis and being provided with an internal threading (21) formed on an inwardly facing envelope surface of the tubular portion, wherein the tubular portion is provided with an end surface extending circumferentially around a mouth of the tubular portion, wherein the end surface of the head part is configured to abut an abutment surface (base of threading) of the base part facing the end surface of the head part, when the base part and the head part are interconnected to each other in order to form said dividable dental care product.
‘359 teaches all the essential elements of the claimed invention however fails to teach that the internal threading has a root thickness and a thread pitch as measured along long the central axis, wherein the thread pitch is at least two times the root thickness. ‘737 teaches a threading with a pitch that is two times the root thickness (col. 7, lines 10-32). 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 threading of ‘357 with the threading of ‘737 to achieve the optimum performance of the threading connection.
Claim(s) 1-2, 4-13, 15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 211269079) in view of DE 3425737.
Liu teaches a dividable dental care product, comprising a base part (10) having a handle portion and an interconnection portion (9), and a head part (1) having an interconnection portion (8) and a dental care utility portion (5/7), wherein the base part and the head part are configured to be separably interconnected by their respective interconnection portion, wherein the interconnection portion of the head part comprises a tubular portion with an internal threading (paragraph 0026) formed on an inwardly facing envelope surface of the tubular portion, wherein the interconnection portion of the base part comprises a protruding portion extending along a longitudinal direction along a central axis from the handle portion towards a free end of the protruding portion, the protruding portion being provided with an external threading (paragraph 0026) formed in an outwardly facing envelope surface of the protruding portion, wherein the protruding portion is configured to be received into the tubular portion by a threading motion about the central axis, wherein the interconnection portion of the base part comprises a shoulder (base of threading) which extends radially outwardly from and circumferentially around the protruding portion and which presents an abutment surface configured to face the head part, wherein the tubular portion is provided with an end surface extending circumferentially around a mouth of the tubular portion, the abutment surface of the base part is configured to abut the end surface of the head part when the base part and head part are interconnected to each other in order to form said dividable dental care product.
Liu teaches all the essential elements of the claimed invention however fails to teach that the internal threading has a root thickness and a thread pitch as measured along long the central axis, wherein the thread pitch is at least two times the root thickness. ‘737 teaches a threading with a pitch that is two times the root thickness (col. 7, lines 10-32). 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 threading of Liu with the threading of ‘737 to achieve the optimum performance of the threading connection.
With regards to claim 2, the abutment surface of the base part is configured to sealingly abut the end surface of the head part when the base part and head part are interconnected to each other in order to form said dividable dental care product (the base and head fit together to form a tight connection).
With regards to claim 4, the inwardly facing envelope surface of the tubular portion is tapered such that an inner diameter of the inwardly facing envelope surface decreases with increased distance from the mouth of the tubular portion (figure 1 shows that the end of the of interconnection portions are rounded which is considered to be tapered).
With regards to claim 5, the inwardly facing envelope surface comprises a non-threaded portion extending from the mouth a distance along the central axis, wherein the distance is at least equal to one times a root thickness of the internal threading (since the threading is helical, it is clear that at least one side of the inwardly facing envelope surface, opposite the start of the helical threading, would have a non-threaded portion equal to the root thickness).
With regards to claim 6, the protruding portion comprises a non-threaded portion extending from the shoulder a distance along the central axis, wherein the distance is at least equal to one times a root width of the external threading (since the threading is helical, it is clear that at least one side of the protruding portion, opposite the start of the helical threading, would have a non-threaded portion equal to the root width).
With regards to claim 7, the dividable dental care product is a toothbrush, wherein the dental care utility portion comprises a brush section (5/7) comprising a brush head formed in the head part at an end portion of the head part opposing the tubular portion and a plurality of bristles attached to a transversely oriented surface of the brush head.
With regards to claim 8, 19 and 20, the distance along the central axis between a distal end of the brush head and the mouth of the tubular portion is not specified, however, it would have been obvious to have the distance be at least 60mm (claim 8), between 60-90mm (claim 18) or between 60-80mm (claim 20) since the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device. A device having the claimed relative dimensions would not perform differently than the prior art device and therefore the claimed device is not patentable.
With regards to claim 9, an outer circumferential envelope surface of the shoulder of the base part is flush with an outer envelope surface of the head part at the mouth of the tubular portion when the base part and head part are interconnected to each other in order to form said dividable dental care product.
With regards to claim 10, the base part is rotationally symmetrical about the central axis (handle is symmetrical).
With regards to claim 11, the base part and the head part are formed from different materials (paragraph 0026).
With regards to claim 12, the head part is formed of a polymer-based material (rubber).
With regards to claim 13, the base part (10) is formed of a wood-based material (paragraph 0026).
With regards to claim 15, ‘Liu teaches a head part (1) configured to form part of a dividable dental care product (5/7), the head part having an interconnection portion (6) and a dental care utility portion (5/7), wherein the head part is configured to be separably interconnected with its interconnection portion to an interconnection portion (9) of a base part (10), wherein the interconnection portion of the head part comprises a tubular portion extending around a central axis and being provided with an internal threading (paragraph 0026) formed on an inwardly facing envelope surface of the tubular portion, wherein the tubular portion is provided with an end surface extending circumferentially around a mouth of the tubular portion, wherein the end surface of the head part is configured to abut an abutment surface (base of threading) of the base part facing the end surface of the head part, when the base part and the head part are interconnected to each other in order to form said dividable dental care product.
Liu teaches all the essential elements of the claimed invention however fails to teach that the internal threading has a root thickness and a thread pitch as measured along long the central axis, wherein the thread pitch is at least two times the root thickness. ‘737 teaches a threading with a pitch that is two times the root thickness (col. 7, lines 10-32). 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 threading of Liu with the threading of ‘737 to achieve the optimum performance of the threading connection.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20200000359 or Liu (CN 211269079) both in view of Shi (CN 108115230).
‘359 and Liu teach all the essential elements of the claimed invention however fail to teach that the threading has a trapezoidal shape. Shi teaches a threading that is trapezoidal shaped (figure 5/6; abstract). 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 threading shape of ‘359 and Liu so that it is trapezoidal as taught by Shi since it will eliminate any cross threading or slipping from occurring while threading the base and head together.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20200000359 in view of Pourova (CZ 33513).
and
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (‘079) in view of Pourova (CZ 33513).
‘359 and Liu teach all the essential elements of the claimed invention however ‘359 fails to teach that material that the brush elements are made from and Liu fails to teach that the base could be made from a polymer material.
Pourova teaches a toothbrush with a replaceable head wherein the handle can be made from wood, plastic or metal and the head can be made form plastic or wood.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘359 so that the base and the head could be made from different materials and that the head could be made form a polymer (plastic) and the handle could be made from a polymer or a wood based material as taught by Pourova to reduce waste in the environment.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu so that the handle could be made from a polymer material as taught by Pourova to reduce waste in the environment since the polymer material is a recycled plastic.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20200000359 or Liu (‘079) both in view of DE 3425737 (as rejected above in claim 1 and 15) and further in view of Baus (PGPub 20100200435).
‘359 and Liu in view of DE ‘737 teach all the essential elements of the claimed invention as shown above in claims 1 and 15, however fail to teach a kit with a plurality of heads to be used interchangeably. Baus teaches a toothbrush kit with several heads. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘359 and Liu with a kit of heads as taught by Baus to allow for the user to purchase a kit with several heads that can be used when one becomes worn.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20200000359 or Liu (‘079) in view of DE 3425737, Baus (PGPub 20100200435) and further in view of Pourova (‘513).
‘359 and Liu in view of DE ‘737 and Baus teach all the essential elements of claim 18 including having two base parts (Baus) however fail to teach that the base parts are made of different materials. Pourova teaches a toothbrush with a base portion that could be made form a polymer or a wood based material. 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 kit of Baus so that the handle could be made of different materials as taught by Pourova to allow for the various handles to be used depending on the user’s preference.
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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/SHAY KARLS/Primary Examiner, Art Unit 3723