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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 63/505,061 filed on May 30, 2023.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Regarding claims 7 and 8, amended claim 1 is now limited to the structure shown in embodiments in figures 5-7 in drawings, wherein “the holding-pressing part is divided into a left half component and a right half component”, “two bendable parts are located respectively at a front end and a rear end of the holding-pressing part to connect the left half component and the right half component at the front end and the rear end”, and “the left half component and the right half component are outwardly curved for being applied a pressing force”. However, claim 7 recites that “the left and right sides of the holding-pressing part are connected with a first pressing component for providing pressing force” and claim 8 recites: “each of the two sidearms is connected to a second pressing component on a single outer side for providing pressing force”. This creates inconsistency in the claimed structure between the independent claim 1 (limited to embodiments in figure 5-7) and dependent claims 7 and 8 (which consist of embodiments in figures 1-4).
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.
Claims 1, and 7-8 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.
Regarding claim 1, the recitation of “soft material” is a relative term of degree that does not provide a clear boundary for the claimed subject matter because it is unclear what material is being compared to or what level of softness is required. As a result, the scope of the claim can’t be determined by reasonable certainty and deemed indefinite.
Regarding claim 7, where amended claim 1 requires that “the holding-pressing part is divided into a left half component and a right half component”, “two bendable parts are located respectively at a front end and a rear end of the holding-pressing part to connect the left half component and the right half component at the front end and the rear end”, and “the left half component and the right half component are outwardly curved for being applied a pressing force”. However, claim 7 recites that “the left and right sides of the holding-pressing part are connected with a first pressing component for providing pressing force”. Here it is unclear whether the pressing force is applied by pressing outwardly curved left and right half components themselves (as required by amended claim 1 and embodiments of Figure 5-7) or by separate “first pressing component” that are connected to the left and right sides of holding and pressing part (as recited in claim 7, embodiments in Figure 1-4). Accordingly, the metes and bounds of the claim 7 are unclear.
Regarding claim 8, recites “each of the two sidearms is connected to a second pressing component on a single outer side for providing pressing force”. Here it is unclear whether the pressing force is applied by pressing outwardly curved left and right half components themselves (as required by amended claim 1 and embodiments of Figure 5-7) or by separate “second pressing component” that are connected to the left and right sides of holding and pressing part (as recited in claim 8, embodiments in Figure 1-4). Accordingly, the metes and bounds of the claim 8 are unclear. Further, claim 8 depends on claim 7 which has already been rejected as indefinite.
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.
Claim(s) 1, 3, 5, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Espinosa (US 3631869) and in further view of Chodorow (US 6065479).
Regarding claim 1, Espinosa teaches an adjustable and bendable dental floss pick, a dental floss holder (as shown in labeled figure 17 below) having two sidearms (82) and a connecting part (where two arms 82 connects, at part 83),
wherein the two sidearms respectively have a first end away from the connecting part and a second end connected to the connecting part, a dental floss (col. 7, lines 3-5, floss attached between two sidearms/prongs 82) is connected between the first ends, and the second ends are respectively connected to the front half of the connecting part;
and a holding-pressing part (85) having a front end connected to the rear half of the connecting part and a rear end away from the connecting part, wherein the front end is connected to the rear half of the connecting part, the holding-pressing part is divided into a left half component and a right half (85 handle has two parts separated by 81) component,
two bendable parts (as labeled in figure 17 below, where the floss handle can be moved/bended) are located respectively at a front end and a rear end of the holding-pressing part to connect the left half component and the right half component at the front end and the rear end, the material of the bendable part is an elastic and soft material (plastic, column 5, lines 5-10).
Espinosa teaches that when the holding and pressing parts (85) are pushed apart, away from each other, the arms (82) move apart thereby tensioning the floss, therefore when the holding and pressing parts (85) are closer together / approaching together (Figure 18), the arms (82) stay closer (as in Figure 17), thereby loosening the floss (column 5, lines 5-25) this behavior is corresponds to the “when the left half component and the right half component of the holding-pressing part are pressed in directions approaching each other so as to fold through the two bendable parts, the two sidearms are driven to bend, thereby causing the dental floss to bend and loosening the tension”. As mentioned before, Espinosa further teaches that the holding and pressing part (85) is made of an elastic and soft material such as plastic. Because the holding and pressing part (85) is formed from an elastic material and includes movable regions (84) between the connecting ends, the holding and pressing part (85) is capable of flexing or bending when the user applies a pressing force, thereby permitting relative movement of the left and right portions of the holding and pressing part.
Espinosa does not teach that the left half component and the right half component are outwardly curved for being applied a pressing force.
Chodorow teaches a dental floss holder where the holding and pressing parts are outwardly curved (fig.15, 62a and b).
It would have been obvious to one in ordinary skill in the art before filling date of application to, modify the holding and pressing part (85) of Espinosa to include outwardly curved left and right portions, as taught by Chodorow, so that the holding and pressing part provides an ergonomic gripping surface that better conforms to user’s fingers and facilitate application of a pressing force during use.
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Regarding claim 3, Espinosa teaches an adjustable and bendable dental floss pick of claim 1, where in the connecting part is an arc-shaped structure, which is bent upward from the holding-pressing part (as shown in Figures 7 and 12, the sideview shows the connecting part is arc shaped and situated elevated compared to the holding part) to the extending direction of the two sidearms so that the dental floss holder is higher than the holding-pressing part.
Regarding claim 5, Espinosa teaches an adjustable and bendable floss pick of claim 1, however does not teach wherein the side surface on each side of the holding-pressing part is in an elliptical shape. Chodorow teaches a dental floss where the holding and pressing part is curved outwards forming an elliptical shape (Fig. 15, 62a and b). It would have been obvious to one in ordinary skill in the art before filling date of application to, modify the holding and pressing part (85) of Espinosa to include elliptical shaped portions, as taught by Chodorow, so that the holding and pressing part provides an ergonomic gripping surface that better conforms to user’s fingers and facilitate application of a pressing force during use.
Regarding claim 7, Espinosa teaches an adjustable and bendable floss pick of claim 1, which contain a holding-pressing part that contains left and right components, however does not teach that they are connected with a first pressing component for providing pressing force. Chodorow teaches an adjustable and bendable floss pick of claim 1, wherein the holding-pressing part (Figure 4, 16) connected with a first pressing component (26a) for providing pressing force.
It would have been obvious to one in ordinary skill in the art before filling date of application to, modify the holding and pressing part (85) of Espinosa to include a first pressing component (26a), as taught by Chodorow, so that the holding and pressing part with such first pressing component provides an ergonomic gripping surface that better conforms to user’s fingers and facilitate application of a pressing force during use.
Regarding claim 8, Espinosa teaches an adjustable and bendable floss pick of claim 1, which contain a holding-pressing part that contains left and right components, however does not teach that they are connected with a second pressing component for providing pressing force. Chodorow teaches an adjustable and bendable floss pick of claim 1, wherein the holding-pressing part (Figure 15, 61) connected with a second pressing component (26b) for providing pressing force (the second pressing component is defined as a pressing component that is placed differently than first pressing component for the same function, as specified in application specification para. [0041], as shown in different Chodorow embodiments that pressing components located differently as in Fig. 4 and Fig. 15).
It would have been obvious to one in ordinary skill in the art before filling date of application to, modify the holding and pressing part (85) of Espinosa to include a second pressing component (26b), as taught by Chodorow, so that the holding and pressing part with such second pressing component provides an ergonomic gripping surface that better conforms to user’s fingers and facilitate application of a pressing force during use.
Regarding claim 9, Espinosa teaches an adjustable and bendable dental floss pick of claim 8, wherein each of the first ends of the two sidearms is provided with a through hole (linearly aligned slits 11, as in Figure 15 where the flosser pass through), wherein one end of the dental floss passes through and winds around the through hole of the first end of the sidearm (figure 16) , and the other end of the dental floss winds around and is fixed on a pressing component (an end wrapped around a pressing component 71).
Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Espinosa (US3631869) and in further view of Chodorow (US6065479) as in claim 1, and further in view of Ding (WO2017121234).
Regarding claim 4, Espinosa teaches an adjustable and bendable dental floss pick of claim 1, however does not teach wherein the bottom surface of the front end and the rear end of the holding-pressing part are respectively provided with a protruding part.
Ding teaches a dental floss with floss holding and pressing part with protruding parts (protruding parts can be seen in the element 37, figure 61) on front and rear ends of the holding and pressing part, which helps in elevating the floss holder (371 where floss holder attached). Therefore, it would have been obvious to one of ordinary skill in the art, before effective filling date, to incorporate support protrusions as taught by Ding into the bottom surface of Espinosa's holding and pressing part (85) of dental floss to maintain the elevated configuration of the floss holder when the device is placed on a surface and to prevent contact with the surface.
Regarding claim 6, Espinosa teaches an adjustable and bendable floss pick of claim 1, However, does not teach anti-slip parts on the surface of holding and pressing part. Ding teaches wherein the holding-pressing part further comprises an anti-slip part arranged on either bottom top, or side surfaces (fig. 13, part 34, page 12, lines 22-26, anti-slip parts on side surface). Therefore, it would have been obvious to one of ordinary skill in the art, before effective filling date, to incorporate anti slip parts (34) taught by Ding on the side surfaces of the holding and pressing part (85) of Espinosa’s dental floss holder, in order to improve the grip on the handle / holding and pressing component.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Espinosa (US3631869) and in further view of Chodorow (US6065479) as in claim 1, and further in view of Chodorow. S (US6085760) herein after Chodorow. S.
Regarding claim 10, Espinosa teaches a bendable dental floss pick of claim 1, wherein the elastic and soft material comprises of plastic material, however does not specifically teach that plastic consist of either polypropylene, polystyrene, acrylonitrile butadiene styrene resin/acrylonitrile-butadiene-styrene copolymer, polyethylene terephthalate, polyamide, polyethylene, polyurethane, polycarbonate or high-density polyethylene.
Chodorow. S teaches a dental floss device with a handle (12) made of plastics that can be a polypropylene or polystyrene or a polycarbonate (col. 3, lines 2-23).
Therefore, it would have been obvious to one of ordinary skill in the art, before effective filling date to form the elastic and soft plastic material of Espinosa from any of the plastics taught by Chodorow. S, because these are well known and commonly used plastics for elastic and resilient dental floss holders, and substituting one known plastic material for another to achieve the same resilient and elastic properties is an obvious implementation.
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 SARA N. SAMARASEKARA whose telephone number is (571)272-9653. The examiner can normally be reached Monday-Friday 8:00 am - 4:00 pm.
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/SARA N SAMARASEKARA/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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