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.
Claim(s) 1, 2, 6 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters (US 2576550)
Regarding claim 1, Barham discloses an oral care system comprising:
a body portion comprising:
a body 322 extending from a first body end to a second body end, a body opening proximate the first body end, the body opening extending into the body portion to define an inner cavity (figure 6), and a funnel 314 proximate the first body end such that the funnel is in fluid communication with the body opening (funnel at least partially in fluid communication with body opening above stopper when stepper is in place, wherein the location where the funnel starts and the body ends is not specificized by the claim); and
an attachment 2A extending from a first attachment end to a second attachment end, the attachment being selectively coupled to the body portion (figure 6; paragraph 0022-0023), the attachment comprising: a neck (extending from bottom of 8A to end of 4A) extending between the first attachment end and the second attachment end, a brush 6A coupled to the neck proximate the second attachment end, and a connector 32 proximate the first attachment end (paragraph 0023 discloses plug 32 fitting over handle 8A; therefore, the connector will be close to first end when first put over handle), the connector configured to secure the attachment to the to the first body end in a first orientation, where the neck extends into the inner cavity such that the brush is positioned inside the inner cavity, and a second orientation, where the neck extends away from the first body end such that the brush is positioned outside of the inner cavity (connector inherently able to do this since it can accommodate the handle of the toothbrush and the toothbrush can be put into stopper in opposite direction to as shown in figure 6) and the connector is coupled to an exterior of the body opening (topmost portion of neck where stopper engages serves as exterior of body opening; the body opening is the opening near 320, wherein the connector 32 is on an exterior of this opening; note that the second orientation is functionally claimed and the device of figure 6 is such that the toothbrush can be put into a second orientation by putting the handle in first from the top of the stopper).
Barham does not specifically show the connector proximate the first end, however, Waters teaches providing a connector 31 proximate a first end of a toothbrush for placement in a container. It would have been obvious to one of ordinary skill in the art, at the time of filing to modify Barham to provide the attachment at multiple areas along the handle, including proximate the first end, as taught by Warner, for the purpose of allowing a longer brush to more fully sit within the container.
Regarding claim 2, Barham discloses wherein an oral solution 326 positioned within the inner cavity.
Regarding claim 6, Barham discloses wherein the attachment is selectively coupled to the body portion via at least one of a thread, a snapping feature, or a gasket (stopper 32 considered a type of gasket since it forms a seal between two parts).
Regarding claim 30, Barham further discloses wherein the connector 32 is coupled to an exterior of the body opening in the second orientation (the body opening is the opening near 320, wherein the connector 32 is on an exterior of this opening; note that the second orientation is functionally claimed and the device of figure 6 is such that the toothbrush can be put into a second orientation by putting the handle in first from the top of the stopper).
Claim(s) 3, 5, 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Fowler et al (US 20180132605 A1).
Regarding claim 3, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding a seal member positioned within the inner cavity and configured to facilitate release of the oral solution from the inner cavity upon piercing of the seal member. However, Fowler teaches a seal member 512 (figure 8) positioned within the inner cavity of a container and configured to facilitate release of an oral solution from the inner cavity upon piercing of the seal member (paragraph 0055). It would have been obvious to one of ordinary skill in the art, at the time of filing to further modify Barham by providing a seal member positioned within the inner cavity and configured to facilitate release of the oral solution from the inner cavity upon piercing of the seal member, as taught by Fowler, for the purpose of preventing contact with the brush until desired.
Regarding claim 5, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding a suction opening disposed proximate the second attachment end and configured to be positioned within the inner cavity when the attachment is in the first orientation; and a suction port in fluid communication with the suction opening, the suction port located between the first attachment end and the second attachment end and configured to be positioned within the inner cavity when the attachment is in the first orientation. However, Fowler teaches a suction opening 1222a (figure 18c) disposed proximate the second attachment end and configured to be positioned within the inner cavity when the attachment is in the first orientation; and a suction port 1214 in fluid communication with the suction opening, the suction port located between the first attachment end and the second attachment end. It would have been obvious to one of ordinary skill in the art, at the time of filing to modify Barham/Waters, by having a suction opening disposed proximate the second attachment end and configured to be positioned within the inner cavity when the attachment is in the first orientation; and a suction port in fluid communication with the suction opening, the suction port located between the first attachment end and the second attachment end, as taught by Fowler, for the purpose of allowing the brush device to be used to suction liquid during use.
The device made obvious, as set forth above, would be such that the suction port would be configured to be positioned within the inner cavity when the attachment is in the first orientation since Warner teaches the connector at the first end and the rest of the toothbrush in the cavity.
Regarding claims 24 and 25, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding the body further comprises a squeegee stopper positioned on an interior of the body, the squeegee stopper configured to contact the brush as the attachment is moved from the second orientation to the first orientation wherein the squeegee stopper has an inner diameter corresponding to a width of the brush. However, Howler teaches a squeegee stopper 304 (figure 5A-C) positioned on an interior of the body (paragraph 0044), the squeegee stopper configured to contact the brush as the attachment is moved from the second orientation to the first orientation wherein the squeegee stopper has an inner diameter corresponding to a width of the brush (Figures 5A-C and paragraph 0044). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to further modify Barham by providing a squeegee stopper positioned on an interior of the body, the squeegee stopper configured to contact the brush as the attachment is moved from the second orientation to the first orientation wherein the squeegee stopper has an inner diameter corresponding to a width of the brush, as taught by Fowler, for the purpose of removing material from the brush when the brush is removed.
Claim(s) 4, 27 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Dunn (US 6105587).
Regarding claims 4 and 27, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding a membrane coupled to the attachment proximate the second attachment end, the membrane configured to facilitate release of an oral solution upon piercing of the membrane, wherein the brush comprises bristles; and the membrane is embedded in the bristles. However, Dunn teaches a membrane 26 (thin material such as film serves as a membrane) coupled to the attachment proximate the second attachment end, the membrane configured to facilitate release of an oral solution upon piercing of the membrane, wherein the brush comprises bristles; and the membrane is embedded in the bristles 18 (Col. 3, lines 34-40 and figure 2). It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Barham/Waters by having a membrane coupled to the attachment proximate the second attachment end, the membrane configured to facilitate release of an oral solution upon piercing of the membrane, wherein the brush comprises bristles; and the membrane is embedded in the bristles, as taught by Dunn, for the purpose of providing toothpaste for use when brushing in a convenient way.
Regarding claim 29, the device as made obvious above would be such that oral solution is a first oral care solution (toothpaste as taught by Dunn), and the oral care system further comprises a second oral care solution 326 (Barham) positioned within the inner cavity, the second oral care solution being different than the first oral care solution (abstract: cleaner/sanitizer/deodorizer for brush).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters, further in view of Dunn (US 6105587) and further in view of Noe et al (US 6119296).
Regarding claim 28, Barham/Waters/Dunn discloses the claimed invention substantially as claimed, as set forth above for claim 27. Barham is further silent regarding the bristles are positioned on a first side of the brush and extend in a first direction away from the neck; and the brush further comprises a pad positioned on a second side of the brush, the pad extends in a second direction away from the neck, the second direction opposite the first direction. However, Noe teaches a toothbrush with bristles 18 (figure 4) are positioned on a first side of the brush and extend in a first direction away from the neck; and the brush further comprises a pad 38 positioned on a second side of the brush, the pad extends in a second direction away from the neck, the second direction opposite the first direction (figure 4). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing to further modify Barham by providing a pad that extends in a second direction away from the neck, the second direction opposite the first direction of the bristles, as taught by Noe, for the purpose of providing a secondary material for cleaning/scrubbing the tongue and mouth.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Mays (US 20060225839 A1).
Regarding claim 7, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding the body portion is at least partially formed of a thermoplastic. However, Mays teaches a body portion at least partially formed of a thermoplastic (PVC; paragraph 0054). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to further modify Barham, by having the body formed of a thermoplastic, as taught by Mays, for the purpose of using an easily formed and inexpensive material suitable for the intended functions.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Palazzolo et al (US 5107987).
Regarding claim 8, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding the body defines a plurality of ribs 19 (figure 1), each of the ribs extending within the inner cavity. However, Palazzolo teaches a body with a plurality of ribs, each of the ribs extending within the inner cavity. It would have been obvious to one of ordinary skill in the art, at the time of filing to modify Barham/Waters, by having the body with a plurality of ribs, each of the ribs extending within the inner cavity, as taught by Palazzolo for the purpose providing a place for germs and other material to fall away from the brush.
Claim(s) 21 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Fowler et al (US 20220015526 A1).
Regarding claim 21, Barham/Waters discloses the claimed invention substantially as claimed, as set forth above for claim 1. Barham is further silent regarding a seal member; wherein the attachment is positioned below a top of the funnel when the connector is in the first orientation; and wherein the seal member extends across the top of the funnel. However, Fowler teaches a seal member (wrapper 140 serves as a seal member; note that the seal member is not claimed as sealing anything in particular but only claimed as an element); wherein the attachment is positioned below a top of the funnel when the connector is in the first orientation (at least a portion of attachment is in this position); and wherein the seal member extends across the top of the funnel (figure 38). It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Barham/Waters by providing a seal member as claimed, as taught by Fowler, for the purpose of protecting the devices during shipment and storage.
Regarding claim 31, Barham discloses a conduit fluidically isolated from the inner cavity and positioned within the funnel on the first body end (near 314 in figure 6; fluidly isolated by stopper 32), wherein the body defines one or more openings in fluid communication with the inner cavity (opening between outer surface of brush handle and inner surface of body in figure 6. However, Barham is silent regarding the one or more openings being around the conduit. However, Fowler teaches an opening (opening above seals 218a/b to right and left in figure 23) around conduit of funnel (figure 23). It would have been obvious to one of ordinary skill in the art, at the time of filing to further modify Barham by providing a funnel that goes into the container such that opening of the body is around the conduit of the funnel, as taught by Fowler, for the purpose of providing a removable funnel that can also function as a piercer for a solution within a pierceable membrane within the body.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Cochran et al (US 20040129580 A1).
Regarding claim 26, Barham wherein the neck comprises a first surface (outer surface of 32) positioned on an exterior of the neck; and the body comprises a second surface on an interior of the body (near 320 in figure 6), the second surface to engage with the first surface to removable couple the attachment to the interior of the body in the first orientation. However, Barham is further silent regarding the surfaces being threads. However, Cochran teaches, in place of a stopper (figure 2), having threads (figure 3). It would have been obvious to one of ordinary skill in the art, at the time of filing, to further modify Barham, by having the surfaces be threads, as taught by Cochran, for the purpose of using a known alternative attachment, wherein threads are less likely to accidentally come loose compared to a stopper.
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barham et al (US 20040211683 A1) and in view of Waters and further in view of Sheffield et al (US 8109399 B1).
Regarding claims 22 and 23, Barham discloses the claimed invention substantially as claimed, as set forhth above. Barham is further silent the funnel is removably coupled to the first body end, wherein the funnel comprises a first thread; and the body comprises a second thread positioned on an exterior of the body, the second thread configured to engage with the first thread to removable couple the funnel to the exterior of the body.
However, Sheffield in the analogous field of personal care products discloses a funnel removably coupled to the first end of a body, wherein the funnel comprises a first thread; and the body comprises a second thread positioned on an exterior of the body, the second thread configured to engage with the first thread to removable couple the funnel to the exterior of the body (see figure 5; abstract). It would have been obvious to one of ordinary skill in the art, at the time of filing to modify Barham by having the funnel be removably coupled to the first body end, wherein the funnel comprises a first thread; and the body comprises a second thread positioned on an exterior of the body, the second thread configured to engage with the first thread to removable couple the funnel to the exterior of the body, as taught by Sheffield, for the purpose of allowing the device to be made smaller if needed for transport (see figure 6 of Sheffield).
Allowable Subject Matter
Claim 32 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, alone or in combination does not teach an attachment having a hinge configured to facilitate rotation of the neck around the hinge between a first position and a second position, the inner cavity being sealed in the first position and the inner cavity being unsealed in the second position.
Response to Arguments
Applicant's arguments filed 7/20/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Barham does not disclose that the connector is coupled to an exterior of the body opening, the Examiner respectfully disagrees.
An “opening” is a negative space claimed as extending into the body portion to define an inner cavity. The beginning and end of the opening is somewhat ambiguous and any portion of the negative space proximate the first body end that extends into the body portion may serve as the claimed “opening”. The uppermost portion of the tapered neck portion that faces upwards/outwards may serve as an exterior of the body opening.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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