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 13-18 are objected to because of the following informalities:
Examiner suggests amending claim 5 line 1 to “wherein the horizontal”.
Examiner suggests amending claim 6 line 1 to “wherein the horizontal”.
Examiner suggests amending claim 7 line 1 to “wherein the horizontal”.
Examiner suggests amending claim 8 line 1 to “wherein the horizontal”.
Examiner suggests amending claim 13 lines 1-2 to “each of one tail end of the handles”.
Examiner suggests amending claim 14 lines 1-2 to “each of one tail end of the handles”.
Examiner suggests amending claim 15 lines 1-2 to “each of one tail end of the handles”.
Examiner suggests amending claim 16 line 1 to “wherein a width”.
Examiner suggests amending claim 17 line 1 to “wherein a width”.
Examiner suggests amending claim 18 line 1 to “wherein a width”.
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.
Claims 1-20 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 "the winding head", “the horizontal notch”, “the vertical notch”, “a vertical bar,” and “a horizontal bar” in lines 2-6. Since lines 1-2 recite that there are two main bodies claimed, each with a handle and a winding head, it is unclear if the limitations “the winding head” refers to only one of the winding heads or both of the winding heads. Similarly, it is unclear if the limitations “the horizontal notch”, “the vertical notch”, “a vertical bar,” and “a horizontal bar” are present on only one of the winding heads or both of the winding heads. In light of the figures, for purposes of examination, Examiner will interpret the limitation “the winding head” as referring to both of the winding heads, and “the horizontal notch” and “the vertical notch” as referring to notches on both of the main bodies, and suggests Applicant amend to clarify.
Similarly, Claims 2-18 set forth the recitations of:
Claim 2: “the winding head”, “the vertical bar”, “the horizontal bar”
Claims 3 and 4: “a rounded corner”, “the vertical notch”
Claim 5, 6, 7, and 8: “the horizontal notch”, “the vertical notch”
Claims 9, 10, 11, and 12: “rounded corners”, “the vertical notch”,
Claims 13, 14, and 15: “the handle”, “a through hole”
Claims 16, 17 and 18: “the winding head”
It is unclear if parts of one or of both of the two main bodies are being referenced since there are two main bodies claimed. In light of the figures, for purposes of examination, Examiner will interpret these parts as being present on both of the two main bodies claimed and suggests Applicant amend to clarify.
Claims 13-15 recite the limitation "each of one tail end of the handle" in lines 1-2. It is unclear what this limitation is referring to as “each of one tail end” implies that there are multiple tail ends on a handle. Further, it is unclear if the limitation is referring to one or both of the handles of the two main bodies of the dental floss holder. In light of Figures 3-4, which show that each handle has an end with a through hole, for purposes of examination, Examiner will interpret claims 13-15 lines 1-2 as “a tail end of each of the handles” and suggests Applicant amend to clarify.
Claim 19 recites the limitation "the winding head", “the horizontal notch”, “the vertical notch”, “a vertical bar,” and “a horizontal bar” in lines 2-6. Since lines 1-2 recite that there are two main bodies claimed, each with a handle and a winding head, it is unclear if the limitations “the winding head” refers to only one of the winding heads or both of the winding heads. Similarly, it is unclear if the limitations “the horizontal notch”, “the vertical notch”, “a vertical bar,” and “a horizontal bar” are present on only one of the winding heads or both of the winding heads. In light of the figures, for purposes of examination, Examiner will interpret the limitation “the winding head” as referring to both of the winding heads, and “the horizontal notch” and “the vertical notch” as referring to notches on both of the main bodies, and suggests Applicant amend to clarify.
Claim 20 recites the limitation "the winding head", “the horizontal notch”, “the vertical notch”, “the vertical bar,” and “the horizontal bar” in lines 2-6. Since lines 1-2 recite that there are two main bodies claimed, each with a handle and a winding head, it is unclear if the limitations “the winding head” refers to only one of the winding heads or both of the winding heads. Similarly, it is unclear if the limitations “the horizontal notch”, “the vertical notch”, “the vertical bar,” and “the horizontal bar” are present on only one of the winding heads or both of the winding heads. In light of the figures, for purposes of examination, Examiner will interpret the limitation “the winding head” as referring to both of the winding heads, “the horizontal notch” and “the vertical notch” as referring to notches on both of the main bodies, and “the vertical bar” and “the horizontal bar” as referring to bars on both of the main bodies, and suggests Applicant amend to clarify.
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, 5, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (U.S. Publication No. 2014/0338695 A1).
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In regard to claim 1, Chang discloses a two-handle dental floss holder (Figs. 1-11, para. 0006), comprising two main bodies (10 in Fig. 5), wherein each of the main bodies comprises a handle (handles 1 and 2 in annotated Fig. 5) and a winding head (head 1 and head 2 in annotated Fig. 5), the winding head is defined with a horizontal notch (101 in Fig. 5, Fig. 8B, paras. 0025 and 0029; floss can be held horizontally through the notch in Fig. 8B) and a vertical notch (1212 in Fig. 5, Fig. 11, para. 0023 and 0027) along a top-down direction respectively (Fig. 5), the horizontal notch is opened upward (Figs. 5 and 6), the vertical notch is opened sideward (Figs. 5, 6, and 11), a vertical bar (1211 in Fig. 11, para. 0027) is arranged beside the vertical notch away from its opening (Figs. 5 and 11), and a horizontal bar (horizontal bar in annotated Fig. 11) is arranged between the horizontal notch and the vertical notch (Figs. 5 and 11, para. 0027).
In regard to claim 5, Chang discloses the invention of claim 1. Chang further discloses wherein the horizontal notch (101 in Fig. 5) and the vertical notch (1212 in Fig. 5) are perpendicular to each other (Figs. 5 and 11, para. 0025 and 0027).
In regard to claim 19, Chang discloses a two-handle dental floss holder (Figs. 1-11, para. 0006), comprising two main bodies (10 in Fig. 5), wherein each of the main bodies comprises a handle (handles 1 and 2 in annotated Fig. 5) and a winding head (head 1 and head 2 in annotated Fig. 5), the winding head is defined with a horizontal notch (101 in Fig. 5, Fig. 8B, paras. 0025 and 0029; floss can be held horizontally through the notch in Fig. 8B) and a vertical notch (1212 in Fig. 5, Fig. 11, paras. 0023 and 0027), the horizontal notch is opened upward (Figs. 5 and 6), the vertical notch is opened sideward (Figs. 5, 6, and 11), the horizontal notch is perpendicular to the vertical notch (Figs. 5 and 11, para. 0025 and 0027), a vertical bar (1211 in Fig. 11, para. 0027) is arranged beside the vertical notch away from its opening (Figs. 5 and 11), and a horizontal bar (horizontal bar in annotated Fig. 11) is arranged between the horizontal notch and the vertical notch (Figs. 5 and 11, para. 0027).
In regard to claim 20, Chang discloses a two-handle dental floss holder (Figs. 1-11, para. 0006), comprising two main bodies (10 in Fig. 5), wherein each of the main bodies comprises a handle (handles 1 and 2 in annotated Fig. 5) and a winding head (head 1 and head 2 in annotated Fig. 5), the winding head is defined with a horizontal notch (101 in Fig. 5, Fig. 8B, paras. 0025 and 0029; floss can be held horizontally through the notch in Fig. 8B) and a vertical notch (1212 in Fig. 5, Fig. 11, para. 0023 and 0027), the horizontal notch is opened upward (Figs. 5 and 6), the vertical notch is opened sideward (Figs. 5, 6, and 11), a vertical bar (1211 in Fig. 11, para. 0027) is arranged beside the vertical notch away from its opening (Figs. 5 and 11), a horizontal bar (horizontal bar in annotated Fig. 11) is arranged between the horizontal notch and the vertical notch (Figs. 5 and 11, para. 0027), and the vertical bar is perpendicular to the horizontal bar (Fig. 11).
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.
Claims 2, 6, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Hall (U.S. Publication No. 2012/0186603 A1).
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In regard to claim 2, Chang discloses the invention of claim 1. Chang does not disclose that a cross section of the winding head is a flat rectangle, and cross sections of the vertical bar and the horizontal bar are rectangular.
Hall teaches a similar apparatus (Figs. 5-7) wherein a cross section (head cross section in annotated Figs. 6 and 7) of the head (116 in Fig. 6) is a flat rectangle (annotated Fig. 7, para. 0025, substantially rectangular), and cross sections of a vertical bar (vertical bar cross section in annotated Figs. 6 and 7) and a horizontal bar (horizontal bar cross section in annotated Figs. 6 and 7) are rectangular (annotated Figs. 6 and 7).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the winding head, vertical bar and horizontal bar of Chang by specifying a cross section of the winding head is a flat rectangle, and cross sections of the vertical bar and the horizontal bar are rectangular as taught by Hall in order to provide ergonomic areas for grasping (Hall para. 0025).
In regard to claim 6, Chang in view of Hall discloses the invention of claim 2. Chang further discloses wherein the horizontal notch (101 in Fig. 5) and the vertical notch (1212 in Fig. 5) are perpendicular to each other (Figs. 5 and 11, para. 0025 and 0027).
In regard to claim 14, Chang in view of Hall discloses the invention of claim 2. The embodiment of Figs. 1-11 of Chang do not disclose wherein a tail end of each of the handles is defined with a through hole.
The embodiment of Fig. 12 of Chang teaches an apparatus comprising handles (handle in annotated Fig. 12) wherein a tail end of the handle is defined with a through hole (13 in Fig. 12, para. 0033).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handles of the embodiment of Figs. 1-11 of Chang by replacing with the handle as taught by embodiment of Fig. 12 of Chang so that a tail end of each of the handles is defined with a through hole in order to allow for the user to easily hold and use the device (Chang para. 0033).
In regard to claim 17, Chang in view of Hall discloses the invention of claim 2. The embodiment of Figs. 1-11 of Chang does not disclose wherein a width of each handle is greater than that of the winding head.
The embodiment of Fig. 12 of Chang teaches an apparatus comprising a handle (handle in annotated Fig. 12) comprising a through hole (13 in Fig. 12) wherein a width of each handle (handle width in annotated Fig.12) is greater than that of the winding head (head width in annotated Fig. 12).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handles of the embodiment of Figs. 1-11 of Chang by replacing with the handle as taught by the embodiment of Fig. 12 of Chang so that a width of each handle is greater than that of the winding head in order to allow for the user to easily hold and use the device (Chang para. 0033).
Claims 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Chang.
In regard to claim 13, Chang discloses the invention of claim 1. The embodiment of Figs. 1-11 of Chang do not disclose wherein a tail end of each of the handles is defined with a through hole.
The embodiment of Fig. 12 of Chang teaches an apparatus comprising a handle (handle in annotated Fig. 12) wherein a tail end of the handle is defined with a through hole (13 in Fig. 12, para. 0033).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handles of the embodiment of Figs. 1-11 of Chang by replacing with the handle as taught by embodiment of Fig. 12 of Chang so that a tail end of each of the handles is defined with a through hole in order to allow for the user to easily hold and use the device (Chang para. 0033).
In regard to claim 16, Chang discloses the invention of claim 1. The embodiment of Figs. 1-11 of Chang does not disclose wherein a width of each handle is greater than that of the winding head.
The embodiment of Fig. 12 of Chang teaches an apparatus comprising a handle (handle in annotated Fig. 12) comprising a through hole (13 in Fig. 12) wherein a width of each handle (handle width in annotated Fig.12) is greater than that of the winding head (head width in annotated Fig. 12).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handles of the embodiment of Figs. 1-11 of Chang by replacing with the handles as taught by the embodiment of Fig. 12 of Chang so that a width of each handle is greater than that of the winding head in order to allow for the user to easily hold and use the device (Chang para. 0033).
Claims 3, 7, 9, 11, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Dalton (U.S. Patent No. 4,657,033 A).
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In regard to claim 3, Chang discloses the invention of claim 1. Chang further discloses wherein a corner (corner 1 in annotated Fig. 11) defines an opening of the vertical notch (1212 in Fig. 5, Fig. 11, para. 0027). Chang does not disclose wherein the corner is rounded and defines an opening of the vertical notch to facilitate guiding a dental floss to slide into the vertical notch.
Dalton teaches a similar apparatus (Figs. 1-9) wherein a rounded corner (corner 1 in annotated Fig. 4) defines an opening of a notch (26 in Fig. 4) to facilitate guiding a dental floss to slide into the notch (col. 3 lines 63-col. 4 line 23).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corner of Chang by specifying the corner is rounded to facilitate guiding a dental floss to slide into the notch as taught by Dalton in order to prevent or reduce the possibility of injury to the user’s gums (Dalton col. 3 lines 50-53).
In regard to claim 7, Chang in view of Dalton discloses the invention of claim 3. Chang further discloses wherein the horizontal notch (101 in Fig. 5) and the vertical notch (1212 in Fig. 5) are perpendicular to each other (Figs. 5 and 11, para. 0025 and 0027).
In regard to claim 9. Chang discloses the invention of claim 1. Chang further discloses wherein two corners (corner 1 and corner 2 in annotated Fig. 11) facing each other (Fig. 11) defines an opening of the vertical notch (1212 in Fig. 5, Fig. 11, para. 0027). Chang does not disclose that the corners are rounded and define an opening of the vertical notch to facilitate guiding a dental floss to slide into the vertical notch.
Dalton teaches a similar apparatus (Figs. 1-9) wherein two rounded corners (corners 1 and 2 in annotated Fig. 4) facing each other defines an opening of the notch (26 in Fig. 4) to facilitate guiding a dental floss to slide into the vertical notch (col. 3 lines 63-col. 4 line 23).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corners of Chang by specifying the corners are rounded to facilitate guiding a dental floss to slide into the notch as taught by Dalton in order to prevent or reduce the possibility of injury to the user’s gums (Dalton col. 3 lines 50-53).
In regard to claim 11, Chang discloses the invention of claim 5. Chang further discloses wherein two corners (corner 1 and corner 2 in annotated Fig. 11) facing each other (Fig. 11) defines an opening of the vertical notch (1212 in Fig. 5, Fig. 11, para. 0027). Chang does not disclose that the corners are rounded and define an opening of the vertical notch to facilitate guiding a dental floss to slide into the vertical notch.
Dalton teaches a similar apparatus (Figs. 1-9) wherein two rounded corners (corners 1 and 2 in annotated Fig. 4) facing each other defines an opening of the notch (26 in Fig. 4) to facilitate guiding a dental floss to slide into the vertical notch (col. 3 lines 63-col. 4 line 23).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corners of Chang by specifying the corners are rounded to facilitate guiding a dental floss to slide into the notch as taught by Dalton in order to prevent or reduce the possibility of injury to the user’s gums (Dalton col. 3 lines 50-53).
In regard to claim 15, Chang in view of Dalton discloses the invention of claim 3. The embodiment of Figs. 1-11 of Chang do not disclose wherein a tail end of each of the handles is defined with a through hole.
The embodiment of Fig. 12 of Chang teaches an apparatus comprising handles (handle in annotated Fig. 12) wherein a tail end of the handle is defined with a through hole (13 in Fig. 12, para. 0033).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handles of the embodiment of Figs. 1-11 of Chang in view of Dalton by replacing with the handle as taught by embodiment of Fig. 12 of Chang so that a tail end of each of the handles is defined with a through hole in order to allow for the user to easily hold and use the device (Chang para. 0033).
In regard to claim 18, Chang in view of Dalton discloses the invention of claim 3. The embodiment of Figs. 1-11 of Chang do not disclose wherein a width of each handle is greater than that of the winding head.
The embodiment of Fig. 12 of Chang teaches an apparatus comprising a handle (handle in annotated Fig. 12) comprising a through hole (13 in Fig. 12) wherein a width of each handle (handle width in annotated Fig.12) is greater than that of the winding head (head width in annotated Fig. 12).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handles of the embodiment of Figs. 1-11 of Chang in view of Dalton by replacing with the handle as taught by the embodiment of Fig. 12 of Chang so that a width of each handle is greater than that of the winding head in order to allow for the user to easily hold and use the device (Chang para. 0033).
Claims 4, 8, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Hall and Dalton (U.S. Patent No. 4,657,033 A).
In regard to claim 4, Chang in view of Hall discloses the invention of claim 2. Chang further discloses wherein a corner (corner 1 in annotated Fig. 11) defines an opening of the vertical notch (1212 in Fig. 5, Fig. 11, para. 0027). Chang does not disclose wherein the corner is rounded and defines an opening of the vertical notch to facilitate guiding a dental floss to slide into the vertical notch.
Dalton teaches a similar apparatus (Figs. 1-9) wherein a rounded corner (corner 1 in annotated Fig. 4) defines an opening of a notch (26 in Fig. 4) to facilitate guiding a dental floss to slide into the notch (col. 3 lines 63-col. 4 line 23).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corner of Chang in view of Hall by specifying the corner is rounded to facilitate guiding a dental floss to slide into the notch as taught by Dalton in order to prevent or reduce the possibility of injury to the user’s gums (Dalton col. 3 lines 50-53).
In regard to claim 8, Chang in view of Hall and Dalton discloses the invention of claim 4. Chang further discloses wherein the horizontal notch (101 in Fig. 5) and the vertical notch (1212 in Fig. 5) are perpendicular to each other (Figs. 5 and 11, para. 0025 and 0027).
In regard to claim 10, Chang in view of Hall discloses the invention of claim 2. Chang further discloses wherein two corners (corner 1 and corner 2 in annotated Fig. 11) facing each other (Fig. 11) defines an opening of the vertical notch (1212 in Fig. 5, Fig. 11, para. 0027). Chang does not disclose that the corners are rounded and define an opening of the vertical notch to facilitate guiding a dental floss to slide into the vertical notch.
Dalton teaches a similar apparatus (Figs. 1-9) wherein two rounded corners (corners 1 and 2 in annotated Fig. 4) facing each other defines an opening of the notch (26 in Fig. 4) to facilitate guiding a dental floss to slide into the vertical notch (col. 3 lines 63-col. 4 line 23).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corners of Chang in view of Hall by specifying the corners are rounded to facilitate guiding a dental floss to slide into the notch as taught by Dalton in order to prevent or reduce the possibility of injury to the user’s gums (Dalton col. 3 lines 50-53).
In regard to claim 12, Chang in view of Hall discloses the invention of claim 6. Chang further discloses wherein two corners (corner 1 and corner 2 in annotated Fig. 11) facing each other (Fig. 11) defines an opening of the vertical notch (1212 in Fig. 5, Fig. 11, para. 0027). Chang does not disclose that the corners are rounded and define an opening of the vertical notch to facilitate guiding a dental floss to slide into the vertical notch.
Dalton teaches a similar apparatus (Figs. 1-9) wherein two rounded corners (corners 1 and 2 in annotated Fig. 4) facing each other defines an opening of the notch (26 in Fig. 4) to facilitate guiding a dental floss to slide into the vertical notch (col. 3 lines 63-col. 4 line 23).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of floss holders. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corners of Chang in view of Hall by specifying the corners are rounded to facilitate guiding a dental floss to slide into the notch as taught by Dalton in order to prevent or reduce the possibility of injury to the user’s gums (Dalton col. 3 lines 50-53).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772