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 (IDS) submitted on 04/24/2025 was filed after the mailing date of the application on 05/02/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on 04/04/2024 is acknowledged.
Claim Rejections - 35 USC § 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.
Claim(s) 1-4 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McConnell (US 6302121 B1).
Regarding claim 1, McConnell discloses a dental floss dispenser (Abstract and Figure 1) comprising: a refillable dental floss case (10) having internal surfaces forming a bobbin cavity (28); and a flanged bobbin (74) containing dental floss; wherein said dental floss flanged bobbin is in rotatable contact with one or more of said internal surfaces of said bobbin cavity, such that said dental floss may be freely dispensed from said dental floss dispenser (col 4, lines 25-27).
Regarding claim 2, McConnell discloses wherein said refillable dental floss case (10) comprises: a case body (12); and a case lid (22) hingedly attached to said case body (12); wherein said case lid has an open position and a closed position (Figures 4-5 and col 3, lines 38-53).
Regarding claim 3, McConnell discloses said refillable dental floss case further comprises: a retractable hinge portion (18); and a hinge retaining clip (46), wherein said retractable hinge portion (18) releasably engages said hinge retaining clip (46) to allow access to said bobbin cavity (28) (Figure 4, col 3, lines 14-25 and 38-42).
Regarding claim 4, McConnell discloses wherein said refillable dental floss case is of unitary construction (col 3, line 25).
Regarding claim 7, McConnell discloses wherein said retractable hinge portion (18) comprises a cutter (38) for detaching a length of said dental floss dispensed from said flanged bobbin (Figure 4 and col 4, lines 1-3).
Regarding claim 8, McConnell discloses said retractable hinge portion (18) having a floss clearance gap (see exit hole in Figure 4) therein.
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 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.
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over McConnell as applied to claim 1 above, and further in view of Kim (US 20120234889 A1).
Regarding claim 5, McConnell discloses wherein said flanged bobbin (74) comprises a quill portion (86), said quill portion (86) having a cavity therethrough, and said quill cavity having an interior surface (since the quill 86 of the floss carrier preferably rests on the spindle 24 of the housing 12; see col 4, lines 28-29). However, McConnell fails to specifically disclose “wherein said flanged bobbin comprises a quill portion between two flanged portions”.
Kim discloses a dental floss dispenser (Abstract and Figure 1) comprising: a refillable dental floss case (100) having internal surfaces forming a bobbin cavity (30); and a flanged bobbin (50) containing dental floss; wherein said flanged bobbin comprises a quill portion (53) between two flanged portions (55a and 55b). Therefore, it would have been obvious to one of ordinary skills in the art, before the effective filing date of the application, to modify McConnell’s flanged bobbin to make it comprising said quill portion between two flanged portions, as taught by Kim, since such modification would be a case of applying a known technique to a known device (floss bobbin) ready for improvement to yield predictable results (i.e. providing the bobbing with well-defined sidewalls that would prevent the floss from spinning out of the quill).
Regarding claim 6, McConnell fails to disclose “wherein said dental floss case is not in contact with said interior surface of said quill cavity”.
Kim discloses a dental floss dispenser (Abstract and Figure 1) comprising: a flanged bobbin (50) containing dental floss; wherein said flanged bobbin comprises a quill portion (53) between two flanged portions (55a and 55b). Therefore, it would have been obvious to one of ordinary skills in the art, before the effective filing date of the application, to modify McConnell’s flanged bobbin to make it comprising said quill portion between two flanged portions, as taught by Kim, since such modification would be a case of applying a known technique to a known device (floss bobbin) ready for improvement to yield predictable results (i.e. providing the bobbing with well-defined sidewalls that would prevent the floss from spinning out of the quill).
Therefore, McConnell and Kim, as combined above, discloses wherein said dental floss case is not in contact with said interior surface of said quill cavity (since the floss in contained between two flanged portions, as taught by Kim).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Spencer (US 5156311 A)
Heneveld (US 5415187 A)
Kwon (KR 200169429 Y1)
Blasi (US 20050000538 A1)
Kim (US 20120234889 A1)
Kim (KR 20140044352 A)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS MIGUEL RUIZ MARTIN whose telephone number is (571)270-0839. The examiner can normally be reached M-F 8 Am - 5 PM (EST).
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/LUIS RUIZ MARTIN/
Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772