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 .
Election/Restriction
Applicant’s election of Species 1 is acknowledged. Election was made without traverse in the reply filed on 04/24/2026. Claims 1-20 are pending. Claim 20 is withdrawn from further consideration under 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention.
Information Disclosure Statement
The information disclosure statement filed on 05/28/2024 fails to comply with 37 C.F.R. § 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to, specifically Figs. 6-9, because shading should not be used for sectional views; instead, the appropriate hatching/drawing symbol should be used. 37 C.F.R. § 1.84(h)(3), (m); MPEP § 608.02(IX).
Corrected drawing sheets in compliance with 37 C.F.R. § 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” in compliance with 37 C.F.R. § 1.121(d). No new matter should be entered. If the changes are not accepted by the examiner, Applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it uses the phrase (that could be implied) “The document discloses”. Correction is required. MPEP § 608.01(b). No new matter should be entered.
Claim Objections
Claims 1, 4-6, 8, 11, and 19 are objected to because of the following informalities:
“an electric toothbrush” (claim 1, line 3) should be changed to --the electric toothbrush--;
“the proximal end” (claim 4, line 1) should be changed to --the proximal end portion--;
“side wall” (claim 5, line 3) should be changed to --sidewall--;
“the proximal end” (claim 5, line 3) should be changed to --the proximal end portion--;
“of brush section” (claim 6, line 2) should be changed to --of the brush section--;
“wherein driveshaft receiver” (claim 8, line 1) should be changed to --wherein the driveshaft receiver--;
“an electric toothbrush” (claim 11, line 3) should be changed to --the electric toothbrush--;
“the spring” (claim 19, line 1) should be changed to --wherein the spring--.
Appropriate correction is required.
Claim Rejections – 35 U.S.C. § 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 10 and 18 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 10 recites the limitation “wherein the coupling member further comprises: a sidewall forming a body of the coupling member and defining an opening for receiving the driveshaft” (lines 1-3). This limitation is indefinite because it is unclear and fails to inform a person of ordinary skill in the art what this means. Specifically, does “an opening” refer to the same “opening” in claim 1 or does this refer to a separate opening? For examination purposes, this limitation is interpreted as best understood. Claim 18 recites the same limitation (lines 1-3) and is rejected on the same basis.
Claim Rejections – 35 U.S.C. § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Li
Claims 11 and 13-19 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 11896116 B1 (“Li”).
Regarding claim 11, Li discloses a toothbrush head for an electric toothbrush (Figs. 1-9, toothbrush head including elements 10 and 20), the toothbrush head comprising:
a brush section having a plurality of bristles attached thereon (Figs. 1-9, brush section 20 with bristles 214);
a stem having an opening for receiving a driveshaft of an electric toothbrush (Figs. 1-9; 6:64-7:12, stem 100 with opening 101; Examiner notes that this limitation (“for receiving a driveshaft...”) includes a recitation of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In re Schreiber, 128 F.3d 1473, 1477 (Fed. Cir. 1997) (“It is well settled that the recitation of a new intended use for an old product does not make a claim to that old product patentable.”); MPEP § 2111.02(II));
and a motion transmission assembly disposed within the stem comprising: a spring; and an elongated motion arm having a distal end portion and proximal end portion, the distal end portion being coupled to the brush section (Figs. 1-9, motion transmission assembly including spring 12 and elongated motion arm 11 that has a distal end portion (at reference 117) coupled to the brush section 20 and a proximal end portion (at reference 114));
wherein the spring is configured to bias the elongated motion arm in a proximal direction relative to the stem (Figs. 1-9, first spring 12 is capable of biasing arm 11 towards the opening 101 (“a proximal direction”) relative to stem 100).
Regarding claim 13, Li discloses the toothbrush head of claim 11 as applied above and further discloses wherein the proximal end portion of the elongated motion arm comprises a shaft coupling portion (Figs. 1-9, arm 11 includes shaft coupling portion 112, 114, which is capable of coupling with an unspecified shaft (e.g., a shaft with the reciprocal recesses to elements 112 and 114)).
Regarding claim 14, Li discloses the toothbrush head of claim 13 as applied above and further discloses wherein the shaft coupling portion further comprises a plurality of lugs (Figs. 1-9, shaft coupling portion includes lugs 112).
Regarding claim 15, Li discloses the toothbrush head of claim 14 as applied above and further discloses wherein the lugs are configured to engage with corresponding receptacles of the driveshaft (Figs. 1-9, lugs 112 are capable of engaging with unspecified receptables of an unspecified driveshaft (e.g., a shaft with the reciprocal recesses to elements 112 and 114); Examiner notes that the “corresponding receptacles of the driveshaft” and the “driveshaft” itself are not positively claimed and are a recitation of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In re Schreiber, 128 F.3d 1473, 1477 (Fed. Cir. 1997) (“It is well settled that the recitation of a new intended use for an old product does not make a claim to that old product patentable.”); MPEP § 2111.02(II)).
Regarding claim 16, Li discloses the toothbrush head of claim 11 as applied above and further discloses wherein the elongated motion arm is eccentrically coupled to the brush section and is configured to cause rotation of brush section in response to movement of the elongated motion arm (Figs. 1-9; 6:64-7:12, arm 11 is eccentrically coupled to brush section 20 at pin 117 and is capable of the recited function).
Regarding claim 17, Li discloses the toothbrush head of claim 11 as applied above and further discloses a coupling member disposed within the stem (Figs. 1-9; 9:61-10:35, coupling member including elements 161-164, 1611, 1612, 1631, 1632 within stem 100).
Regarding claim 18, Li discloses the toothbrush head of claim 17 as applied above and further discloses wherein the coupling member further comprises: a sidewall forming a body of the coupling member and defining an opening for receiving the driveshaft; and a longitudinal slot formed in the sidewall and configured to receive an indexing ridge and pin of the driveshaft (Figs. 1-9, sidewall including elements 161, 162 forms a body of the coupling member and defines an opening for a driveshaft, longitudinal slot 163 is capable of receiving the indexing ridge 32 and pin of the driveshaft (the circular central part of element 32) (see Spec. Fig. 17; ¶ 0058, ridge 249 and pin 248 of driveshaft 244); Examiner notes that the “driveshaft”, “indexing ridge”, and “pin” are not positively claimed and are a recitation of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In re Schreiber, 128 F.3d 1473, 1477 (Fed. Cir. 1997) (“It is well settled that the recitation of a new intended use for an old product does not make a claim to that old product patentable.”); MPEP § 2111.02(II)).
Regarding claim 19, Li discloses the toothbrush head of claim 11 as applied above and further discloses the spring is disposed around a portion of the elongated motion arm (Figs. 1-9, spring 12 is disposed around arm 11).
Claim Rejections – 35 U.S.C. § 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.
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.
Li in view of Zhang
Claim 12 is rejected under 35 U.S.C. § 103 as being unpatentable over US 11896116 B1 (“Li”) in view of US 20230027189 A1 (“Zhang”).
Li pertains to an electric toothbrush (Abstr.; Figs. 1-9). Zhang pertains to an electric toothbrush (Abstr.; Figs. 1-10). These references are in the same field of endeavor.
Regarding claim 12, Li discloses the toothbrush head of claim 11 as applied above. Li does not explicitly disclose wherein the motion transmission assembly further comprises an elastomeric pad disposed between the proximal end portion of the elongated motion arm and the driveshaft. However, the Li/Zhang combination makes obvious this claim.
Zhang discloses wherein the motion transmission assembly further comprises an elastomeric pad disposed between the proximal end portion of the elongated motion arm and the driveshaft (Fig. 5; ¶¶ 0031-0033, elastomeric pad 12 between proximal end portion of arm 7 and driveshaft 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application to combine the teachings of Zhang with Li by adding an elastomeric pad as recited. This would have been obvious to a person of ordinary skill in the art because the pad would protect the arm and driveshaft from damage when contacting each other during operation and would also assist to eliminate any extra play between the arm and driveshaft (e.g., when the driveshaft is in a fully retracted position).
Li in view of McDougall
Claim 15 is rejected under 35 U.S.C. § 103 as being unpatentable over US 11896116 B1 (“Li”) in view of US 5617601 A (“McDougall”).
Li pertains to an electric toothbrush (Abstr.; Figs. 1-9). McDougall pertains to an electric toothbrush (Abstr.; Figs. 1-10). These references are in the same field of endeavor.
Regarding claim 15, Li discloses the toothbrush head of claim 14 as applied above. To the extent the limitation “wherein the lugs are configured to engage with corresponding receptacles of the driveshaft” positively recites the elements therein and is not a recitation of intended use, Li does not explicitly disclose this limitation. However, the Li/McDougall combination makes obvious this claim.
McDougall discloses wherein the lugs are configured to engage with corresponding receptacles of the driveshaft (Figs. 9B, 10; 5:3-51, the proximal end portion of arm 150 has a shaft coupling portion including element 516 and lugs 518 that engage with receptacles 510 of driveshaft 222).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application to combine the teachings of McDougall with Li by adding receptacles to the driveshaft 31 that mate with lugs 112 (or also modify lugs 112 to match a receptacle of a design such as that of McDougall). This would have been obvious to a person of ordinary skill in the art because having lugs 112 that mate with receptacles on the driveshaft would allow for a better connection between arm 11 and driveshaft 31 that would not separate from each other during operation (McDougall 5:17-25, “the fingers 518 will engage in the groves 510 so that the members 222 and 150 are coupled for linear reciprocal motion.”).
Allowable Subject Matter
Claim 1 would be allowable if rewritten to overcome the claim objection set forth in this Office action.
As allowable subject matter has been indicated, Applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. 37 C.F.R. § 1.111(b) and MPEP § 707.07(a).
The following is Examiner’s statement of reasons for allowance:
The closest prior art of record is US 11896116 B1 (“Li”) and WO 2006004316 A1 (“Wang”).
Regarding claim 1, Li discloses a toothbrush head for an electric toothbrush (Figs. 1-9, toothbrush head including elements 10 and 20), the toothbrush head comprising:
a brush section having a plurality of bristles attached thereon (Figs. 1-9, brush section 20 with bristles 214);
a stem having an opening for receiving a driveshaft of [the] electric toothbrush (Figs. 1-9; 6:64-7:12, stem 100 with opening 101);
and a motion transmission assembly disposed within the stem comprising: a first spring; an elongated motion arm having a distal end portion and proximal end portion, the distal end portion being coupled to the brush section; a driveshaft receiver engaged with the proximal end portion of the elongated motion arm (Figs. 1-9, motion transmission assembly including first spring 12 and elongated motion arm 11 that has a distal end portion (at reference 117) coupled to the brush section 20 and proximal end portion (at reference 114) engaged with driveshaft receiver 112, 114);
wherein the first spring is configured to bias the elongated motion arm in a proximal direction relative to the stem (Figs. 1-9, first spring 12 is capable of biasing arm 11 towards the opening 101 (“a proximal direction”) relative to stem 100).
Li does not explicitly disclose:
a second spring biasing the elongated motion arm and the driveshaft receiver apart from each other and configured to transfer motion from the driveshaft receiver to the elongated motion arm.
Wang discloses a toothbrush head for an electric toothbrush (Figs. 1-2, toothbrush head including elements 1, 2, 3), the toothbrush head comprising:
a brush section having a plurality of bristles attached thereon (Figs. 1-2 and 5-6, brush section 2 with bristles as shown);
a stem having an opening... (Figs. 1-2; stem 1 with opening 103);
and a motion transmission assembly disposed within the stem comprising: a first spring; an elongated motion arm having a distal end portion and proximal end portion, the distal end portion being coupled to the brush section; a driveshaft receiver engaged with the proximal end portion of the elongated motion arm (Figs. 1-2, motion transmission assembly including first spring 303 and elongated motion arm 3 that has a distal end portion (at reference 301) coupled to the brush section 2 and proximal end portion (at reference 308) engaged with driveshaft receiver (the U-shaped structure connected to element 308 in Fig. 2));
and a second spring biasing the elongated motion arm and the driveshaft receiver apart from each other... (Figs. 1-2, second spring 305 biases the arm 3 away (towards the left of Fig. 2) from the driveshaft receiver);
wherein the first spring is configured to bias the elongated motion arm... (Figs. 1-2, first spring 303 is capable of biasing the arm 3 towards the brush section 2 direction (but not towards “a proximal direction”) relative to stem 1).
Wang does not explicitly disclose:
a stem having an opening for receiving a driveshaft of [the] electric toothbrush;
a second spring biasing the elongated motion arm and the driveshaft receiver apart from each other and configured to transfer motion from the driveshaft receiver to the elongated motion arm;
wherein the first spring is configured to bias the elongated motion arm in a proximal direction relative to the stem.
In view of the prior art of record, one of ordinary skill in the art before the effective filing date of this application would not have combined or otherwise modified Li or Wang to arrive at the recited combination of claim 1, in particular the limitation “a second spring biasing the elongated motion arm and the driveshaft receiver apart from each other and configured to transfer motion from the driveshaft receiver to the elongated motion arm”, without hindsight based on Applicant’s disclosure.
In view of the prior art of record and its deficiencies, Applicant’s invention is novel, non-obvious, and allowable as claimed. Claims 2-10 are allowable for depending from claim 1 (subject to addressing the claim objections and § 112(b) rejections where appropriate).
Status of Claims
Claims 1-20 are pending. Claims 20 has been withdrawn from further consideration under 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention.
Claims 10-19 are rejected. Claims 1-9 are objected to.
Conclusion
The prior art made of record on Form PTO-892 and not relied upon is considered pertinent to Applicant’s disclosure because the references pertain to similar toothbrush heads and assemblies, particularly ones having one or two springs designed to bias a motion arm relative to the stem or handle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT N SHUM whose telephone number is (703)756-1435. The examiner can normally be reached 1230-2230 EASTERN TIME M-TH.
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/KENT N SHUM/ Date: June 10, 2026Examiner, Art Unit 3723
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