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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 8/9/24 & 3/25/26 was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Drawings
The drawings were received on 5/1/24.
These drawings are objected to because Figures 1-7 is/are titled improperly because the titles of each figure should be clear and concise and read "Fig 1A" or "Figure 1A" without brackets or additional subtitles. Each view requires a clear figure title and the view numbers must be larger than the numbers used for reference characters (see 37 CFR 1.84(u)).
Figures 2-3 are objected to because they contain cross-sectional views without indicating the plane upon which the sectional views are taken as required by 37 CFR 1.84 (h)(3).
Figures 5A-B are objected to because they appear to contain frames. See 37 CFR 1.84 (g).
Corrected drawing sheets in compliance with 37 CFR 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” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the 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.
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(s) 12-17, as best understood, is/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 pre-AIA the applicant regards as the invention.
Claim 12: this claim recites “the handle defines the cavity of the body”; however, based on preceding claim 1 and a review of applicant’s disclosure, the cavity is defined by both the handle and the neck and not solely the handle, making this language in the claims confusing. For examination purposes, the claim will be treated as reciting “the handle helps define the cavity of the body”. Clarification or correction is requested.
Claim 13: this claim recites “the same side” but the same side of what? Clarification or correction is requested.
Claim 15 already requires “a pin” in the C-shaped head in the second clause. Then claim 15 recites “a pin”; is this the same or a different pin and does it need to the same structurally as “the pin” set forth in claim 1? Clarification or correction is requested.
Claim 17: recites “the retractable pin” without antecedent basis. Clarification or correction is requested.
Claim Rejections - 35 USC § 102
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 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 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.
Claim(s) 1, 7-9, and 12-17, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McQuade (GB 2343846).
Claim 1: McQuade discloses a flosser (see Fig 1) comprising a body having a first end with a C-shaped head (see Fig 1) and a second opposite end housing a spool of floss (14) disposed in a cavity (interior of flosser); a lock (see Fig 3) is disposed inside the cavity between the spool and the first end of the body (see Figs 1-4) and the lock is configured to move within the cavity between an open (see Fig 2) and a closed position (see Fig 4). A floss path extends between the spool and the C-shaped head (see Figs 1-4) that accommodates floss threated therethrough and the floss is secured to a series of pins (11) throughout the C-shaped head and cavity of the flosser (see Fig 1). When the lock is in the closed position (see Fig 4) the floss position in the floss path is maintained (see Figs 1-4).
Claim 7: the cavity further includes a shell (see Fig 3) with a set of recesses (see Fig 2) on its interior that mate (see Fig 4) with a set of teeth of the lock when in the closed position (see Fig 4) and the lock is disposed in/on the interior of the shell and movable along a vertical length of the shell (see Figs 2-4).
Claim 8: The lock also comprises a compartment housing a lock pin (see Fig 3) and a spring (20, Fig 3) and a side wall of the compartment includes an aperture from which the lock pin extends (see Fig 3) with the second end of the lock pin movably engaged with the spring and the opposing wall (see Fig 3) and the shell interior includes protrusions that engage with the lock pin (see Fig 2 & 4) when the lock is moved between the open and closed position (see Figs 1-4).
Claim 9: the cavity includes a plurality of recesses associated with the lock pin and the shell (see Figs 2-3) that engage with a plurality of side ribs on the shell (see Fig 3) to hold the shell in position (see Fig 3).
Claims 12-13: the body comprises a handle that houses the spool and a neck extending from the handle (see Fig 1) and connecting the handle to the C-shaped head (see Fig 1). The handle helps define the cavity of the body and a first portion of the floss path extends through the cavity, a second portion is formed in a side of the shell, a third portion is formed in a side of the neck and a fourth portion is formed in a side of the C-shaped head (see Fig 1). The third portion and fourth portion are on a same right side of the flosser while the second portion can be defined on the left side (see Fig 1).
Claim 14: The handle includes a series of interior protrusions (11) at the first end of the handle (see Figs 1-2) and the protrusions are configured to engage the floss between the second and third portion of the floss path (see Figs 1-2).
Claim 15: the neck comprises a pin protrusion (11) on the side of the neck that secures the floss within the third portion (see Figs 1-2).
Claim 16: the various protrusions are arranged in staggered positions (see Fig 1).
Claim 17: the C-shaped head comprises a first prong and second prong and there are pins disposed within the prongs (11, see Figs 1-2) and the fourth portion is formed in the second prong (see Fig 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Friday 10:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
