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
Claims 1, 2, 7, 11 and 18 are objected to because of the following informalities:
Claim 1, 7 and 11 comprise indentations where it is unclear as to what structures comprises what limitation/structure. For examination purposes, it will be interpreted as such:
1. A dental flossing device comprising:
a housing;
a cartridge space; and
a power source;
a neck assembly extending from said housing,
a flossing cartridge removably insertable into said cartridge space, said flossing cartridge comprising:
a cartridge housing comprising:
a distribution reel configured to:
contain a length of flossing material,
a take-up reel configured to:
collect said flossing material; and
a cartridge neck assembly extending from said cartridge housing, said cartridge neck assembly comprising:
a first tine; and
a second tine spaced apart a known distance, wherein said flossing material extends through said cartridge neck assembly from said distribution reel toward said first tine and extends from said second tine toward said take-up reel;
a motor assembly configured to:
receive power from said power source; and
cause movement of said distribution reel to distribute said flossing material and of said take-up reel to collect said flossing material.
2. The dental flossing device of claim 1, comprising:
a switch to activate said motor assembly.
7. A dental flossing device comprising:
a housing comprising:
a cartridge space,
a power source;
a flossing cartridge comprising:
a distribution reel containing a known length of flossing material, said distribution reel configured to:
distribute said flossing material;
a take-up reel configured;
to collect said flossing material,
a tine assembly comprising:
a first tine; and
a second tine, wherein said flossing material is held between said first tine and said second tine; and
a motor assembly configured to:
receive power from said power source;
extend said tine assembly; and
cause movement of said distribution reel to distribute said flossing material and of said take-up reel to collect said flossing material.
11. A dental flossing cartridge comprising:
a housing containing therein:
a distribution reel including a known length of flossing material, wherein said distribution reel is configured to:
distribute said flossing material;
a take-up reel configured to:
collect said flossing material, wherein said distribution reel and said take-up reel operate in the same or opposite directions;
a retaining assembly configured to: retain at least one of said distribution reel and said take-up reel in a desired position; and
a tine assembly comprising:
a first tine; and
a second tine, wherein said flossing material is slidably attachable to said first tine and said second tine.
18. The dental flossing cartridge of claim 11, comprising:
A motor assembly
Claim 7 recites “a take-up reel configured; to collect said flossing material” in lines 8-9 where the semicolon is improper and should be revised to be a colon.
Appropriate correction is required.
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) 11, 12, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zebuhr (US 5769102 A).
Re. Claim 11, Zebuhr discloses a dental flossing cartridge (Abstract; Fig. 26-31) comprising:
a housing (322/326) containing therein:
a distribution reel (340) including a known length of flossing material (Fig. 29 where the floss is element 334; Col. 13, lines 4-9), wherein said distribution reel is configured to:
distribute said flossing material (Col. 13, lines 4-9);
a take-up reel (342) configured to:
collect said flossing material (Col. 14, 48-59), wherein said distribution reel and said take-up reel operate in the same or opposite directions (Col. 12, 37-49);
a retaining assembly (Annotated Figure A of Fig. 31) configured to:
retain at least one of said distribution reel and said take-up reel in a desired position (Annotated Figure A of Fig. 31 where it is found to fix into place the take up reel 342); and
a tine assembly (336 in Fig. 29 where it points to 2 tines; Col. 12, lines 63-67 and Col. 13, lines 1-3) comprising:
a first tine (336 in Fig. 29 where it points to 2 tines; Col. 12, lines 63-67 and Col. 13, lines 1-3); and
a second tine (336 in Fig. 29 where it points to 2 tines; Col. 12, lines 63-67 and Col. 13, lines 1-3), wherein said flossing material is slidably attachable to said first tine and said second tine (element 338 in Fig. 29 is the floss; Col. 12, lines 63-67 and Col. 13, lines 1-3).
Re. Claim 12, Zebuhr discloses the dental flossing cartridge of claim 11, wherein said tine assembly is extended from said housing (Fig. 26-27 shows that the tine assembly 336 is found to be extended from the upper portion of the housing 326).
Re. Claim 16, Zebuhr discloses the dental flossing cartridge of claim 11, comprising: a controller (316) configured to: control movement of said distribution reel and said take-up reel (Col. 14, lines 44-59).
Re. Claim 18, Zebuhr discloses the dental flossing cartridge of claim 11, comprising: motor assembly (316).
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(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zebuhr (US 5769102 A in view of Urso (US 5816271 A).
Re. Claim 7, Zebuhr discloses a dental flossing device (Abstract; Fig. 26-31) comprising:
a housing (322/326) comprising:
a cartridge space (322 comprises an indentation to fit the cartridge),
a power source (Col. 15, lines 30-35);
a flossing cartridge (324) comprising:
a distribution reel (340) containing a known length of flossing material (Fig. 29 where the floss is element 334; Col. 13, lines 4-9), said distribution reel configured to:
distribute said flossing material (Col. 13, lines 4-9);
a take-up reel (342) configured; to collect said flossing material (Col. 14, 48-59),
a tine assembly (336 in Fig. 29 where it points to 2 tines; Col. 12, lines 63-67 and Col. 13, lines 1-3) comprising:
a first tine (336 in Fig. 29 where it points to 2 tines; Col. 12, lines 63-67 and Col. 13, lines 1-3); and
a second tine (336 in Fig. 29 where it points to 2 tines; Col. 12, lines 63-67 and Col. 13, lines 1-3), wherein said flossing material is held between said first tine and said second tine (element 338 in Fig. 29 is the floss; Col. 12, lines 63-67 and Col. 13, lines 1-3); and
a motor assembly (316; Fig. 31) configured to:
receive power from said power source (Col. 15, lines 29-35);
cause movement of said distribution reel to distribute said flossing material and of said take-up reel to collect said flossing material (Col. 14, lines 44-59).
However, they are silent to the motor being configured to extend said tine assembly.
Urso discloses a dental flosser in the same field of endeavor and further discloses tines (42) that comprises a gap (see Fig. 3-4 where the floss 62 extends between) which is found to increase as the tine assembly extends to allow the floss to span in any direction (Fig. 3-4 is found that the tine extends by rotating the bulbs which is rotated to increase the space; Abstract; Col. 2, lines 48-67 and Col. 3, lines 1-4).
It would have been obvious to someone skilled in the art before the effective filing date to have the tine assembly of Zebuhr to include a space between said first tine and said second tine increases as said tine assembly extends as taught by Urso to allow the floss to span in any direction. Further, it would have be obvious to someone skilled in the art to have a motor to motorize the extension of the tine assembly to ensure accurate rotation of the bulbs.
Re. Claim 8, Zebuhr and Urso discloses the dental flossing device of claim 7, Urso discloses a space between said first tine and said second tine increases as said tine assembly extends (42 is the tines where floss 62 is found to extend in the gap between the two and the gap/space increases as the tine assembly extends to allow the floss to span in any direction; Fig. 3-4 is found that the tine extends by rotating the bulbs which is rotated to increase the space; Abstract; Col. 2, lines 48-67 and Col. 3, lines 1-4).
Re. Claim 9, Zebuhr and Urso discloses the dental flossing device of claim 7, where Zebuhr further discloses comprising: a retaining assembly associated with at least one of said distribution reel and said take-up reel, said retaining assembly configured to fix a position of a respective one of said distribution reel and said take-up reel (Annotated Figure A of Fig. 31 where it is found to fix into place the take up reel 342).
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Annotated Figure A
Re. Claim 10, Zebuhr and Urso discloses the dental flossing device of claim 7, Zebuhr further comprising: a switch to active said motor assembly (Col. 15, lines 29-35).
Allowable Subject Matter
Claims 1-6 are objected due to informalities but would be allowable if revised and clarified the issues.
Claims 13-15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
It is found that Zebuhr is the closest prior art where it was silent to the motor assembly being a part of the cartridge housing and further is silent to the tine assembly is extendable from said housing and contractable into said housing in combination with the rest of the claim limitation (Claim 13). As such, claims 14-15 and 17 would be allowable for being dependent off of claim 13.
It is found that claim 1 claims the flossing cartridge comprising the cartridge housing, the motor assembly and the tine assembly where the teaching of the all of these components in combination with the rest of the claim limitations would make the claim allowable. It is found that Zebuhr discloses the cartridge housing, the motor assembly and the tine assembly BUT not comprised in the flossing cartridge. Rather, Zebuhr discloses the motor assembly to be outside of the flossing cartridge and in the handle of the flossing device. Because, claim 1 is allowable, claims 2-6 would also be allowable as they depend on claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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/HOLLY T. TO/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799