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 .
Claim Objections
Claim 20 is objected to because of the following informalities: “the first floss receiving port the second floss receiving port” in lines 1-2 should read “the first floss receiving port and the second floss receiving port”. Appropriate correction is required.
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.
Claims1-7 and 13 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 1 recites the limitation “floss” in lines 3, 5, and 6 which renders the claim indefinite as it is unclear if the “receiving floss” in lines 3 and 5 and “advance floss” in line 6 are the same floss or if different pieces of floss are being recited.
Claim 13 recites the limitation "the surface" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1 and 3-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Achepohl et al. (US 20060011212, hereinafter Achepohl).
Regarding Claim 1, Achepohl discloses a device(10; figures 1-14) comprising: a front end (see illustrated figure 2; figures 2-3) with an opening (29 and 31; figure 1; paragraph [0024]) for dispensing floss (paragraph [0024]); a first floss receiving port (42; figure 1) for receiving floss into the front end (paragraph [0029]); a second floss receiving port (44; figure 1; paragraph [0023]) for receiving floss into the front end (figure 12); and a surface (30; figures 1-14) against which a user can advance floss into the first floss receiving port and/or the second floss receiving port (paragraphs [0022] and [0025]).
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Regarding Claim 3, Achepohl discloses the device of Claim 1. Achepohl discloses the floss comprises a floss threader tool (90; figures 5a and 5b; paragraph [0029] discloses using spool 90 to pull the thread through the device ( and through 25 and 27) when the user moves 30, therefore threading and pulling the floss through the entire device and through the threading guides; additionally the identified element is a structure that can thread/pull the floss through the device) connected to a flexible floss strand (figures 1-5b).
Regarding Claim 4, Achepohl discloses the device of Claim 1. Achepohl discloses the surface is embodied as a rotatable wheel (figures 1-14; paragraph [0027]).
Regarding Claim 5, Achepohl discloses the device of Claim 1. Achepohl discloses the front end is curved (figure 3).
Regarding Claim 6, Achepohl discloses the device of Claim 1. Achepohl discloses a handle (see illustrated figure 2; figure 2).
Regarding Claim 7, Achepohl discloses the device of Claim 1. Achepohl discloses a threading guide (25, 27; figure 5b; paragraph [0023] discloses that the grooves are on the outer edges of the tines 22 and 24 to maintain the floss in position before it is pulled internally to the area 124) for retaining floss before it engages with the surface (figure 5b).
Regarding Claim 8, Achepohl discloses a device (10; figures 1-14) comprising: a front end (20; figure 2) with an opening (29 and 31; figure 1; paragraph [0024]) for dispensing floss (paragraph [0024]); a floss receiving port (42; figure 1) for receiving floss into the front end (paragraph [0024]); and a wheel (30; figure 1) configured to be operable by a user to advance floss into the floss receiving port (paragraph [0025]).
Regarding Claim 9, Achepohl discloses the device of Claim 8. Achepohl discloses a second floss receiving port (44; figure 1) for receiving floss into the front end (figure 1; paragraph [0035]).
Regarding Claim 10, Achepohl discloses the device of Claim 8. Achepohl discloses the wheel is accessible from at least two sides of the device (Figure 3).
Regarding Claim 11, Achepohl discloses the device of Claim 8. Achepohl discloses the front end is curved (figures 12 and 13).
Regarding Claim 12, Achepohl discloses the device of Claim 8. Achepohl discloses a handle (see illustrated figure 2; figure 2).
Regarding Claim 13, Achepohl discloses the device of Claim 8. Achepohl discloses a plurality of floss threading guides (25, 27; figure 5b; paragraph [0023] discloses that the grooves are on the outer edges of the tines 22 and 24 to maintain the floss in position before it is pulled internally to the area 124) for retaining floss before it engages with the surface (figure 5b).
Regarding Claim 14, Achepohl discloses the device of Claim 8. Achepohl discloses the floss receiving port is defined in part by an outwardly curving portion of the front end (figure 12).
Regarding Claim 15, Achepohl discloses a device comprising: a dispensing opening (29 and 30; figure 1) for dispensing floss (paragraph [00224]); a first receiving port (42; figure 1), connected to the dispensing opening, for receiving floss for communication to the dispensing opening (Figure 1; paragraph [0029]); a second receiving port (44; figure 1), connected to the dispensing opening (paragraph [0029]), for receiving floss for communication to the dispensing opening (figure 1; paragraph [0029]); and a movable surface (20; figure 1) proximate the first receiving port and the second receiving port (figure 1; the Examiner notes that the since the device is handheld and smaller in size to accommodate such, of the device is proximate to the rest as proximate is defined by Dictionary.com as close; very near.) and configured to be movable by a user to advance floss into the first receiving port or the second receiving port (paragraphs [0022] and [0025]).
Regarding Claim 16, Achepohl discloses the device of Claim 1. Achepohl discloses the movable surface is accessible from at least two sides of the device (figure 3 and 13).
Regarding Claim 17, Achepohl discloses the device of Claim 1. Achepohl discloses a handle (see illustrated figure 2; figure 2).
Regarding Claim 18, Achepohl discloses the device of Claim 1. Achepohl discloses the movable surface is embodied as a wheel rotatably affixed to the handle (figure 5a and 5b depict that 30 is connected to 90 which connects the outer body of the device; paragraph [0026]-[0027]).
Regarding Claim 19, Achepohl discloses the device of Claim 1. Achepohl discloses a plurality of floss threading guides (25, 27; figure 5b; paragraph [0023] discloses that the grooves are on the outer edges of the tines 22 and 24 to maintain the floss in position before it is pulled internally to the area 124) for retaining floss before it engages with the surface (figure 5b).
Regarding Claim 20, Achepohl discloses the device of Claim 1. Achepohl discloses the first floss receiving port the second floss receiving port are defined in part by respective outward curving portions of the front end (figure 13).
Claim Rejections - 35 USC § 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Achepohl et al. (US 20060011212, hereinafter Achepohl) in view of Kalbfeld et al. (US 20090194134, hereinafter Kalbfeld).
Regarding Claim 2, Achepohl discloses the device of Claim 1. Achepohl discloses the use of floss (abstract) but does not specify that the floss comprises a stiff threader portion and a flexible floss portion.
Kalbfeld discloses the floss (10; figures 1-2) comprises a stiff threader portion (14a; figures 1-2; paragraph [0016]) and a flexible floss portion (14b; figures 1-2; paragraph [0016]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the floss of Achepohl to have a stiff threader portion and a flexible floss portion to be helpful for individual with dental appliances or braces because it allows the floss to be inserted between the dental appliance and the gum line (paragraph [0016]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772