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 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 (i.e., changing from AIA to pre-AIA ) 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) 1-20, 22, 24-36, and 44-45 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al., WO 2006/004316.
Regarding claim 1, Wang et al. disclose an electrically driven toothbrush (Title), comprising: a handle portion (H); a head portion detachably connectable to said handle portion 1, Figures 1-2); a drive shaft being rotatable and extending at least in said head portion (3, Figure 2), said drive shaft defining a first longitudinal axis and having an end (see axis in Figure 1, see also ends in Figure 2, includes eccentric shaft end 301); an electric drive unit directly or indirectly rotating said drive shaft (unlabeled motor in Figure 2 or 405 in Figure 12; paragraphs [3]-[5]); and a bristle holder (2) pivotally mounted to said head portion and drivingly engaged by said end of said drive shaft (paragraphs [8]-[10], see Figures). Regarding claim 2, said handle portion is disposed at a first end of the toothbrush (Figure 1), and said head portion is disposed at a second end of the toothbrush (Figure 1). Regarding claim 3, there further comprises an axle pin (205) defining a second longitudinal axis forming a rotational pivot axis for said bristle holder (see axis of pin 205 in Figure 1), said bristle holder being pivotally mounted to said head portion on said axle pin (paragraphs [8] and [13]). Regarding claim 4, said head portion has an axle pin bearing pedestal (unlabeled, see Figure 5, includes surfaces where 206 rests), said bristle holder has a pin receiving opening (unlabeled opening in bristle holder 2 that receives pin 205 in Figure 5), said axle pin has a free end projecting from said axle pin bearing pedestal into said pin receiving opening (Figure 5). Regarding claim 5, said axle pin has a defined clearance in said pin receiving opening to allow a pivotal movement of said bristle holder around said axle pin (unlabeled space between the pin receiving open and the pin, there is a pivotal movement of the bristle holder about the axle pin, paragraph [13]. Regarding claim 6, there further comprises at least one elastic biasing element elastically biasing said bristle holder in a direction away from said head portion for avoiding rattling (support spring 206, paragraph [18]). Regarding claim 7, wherein said at least one elastic biasing element is disposed between said bristle holder and said axle pin bearing pedestal (spring 206 held within seat 207, best shown in Figures 1 and 5-6). Regarding claim 8, wherein said at least one elastic biasing element is supported directly on said axle pin bearing pedestal and directly on said bristle holder (supported at the seat 207, directly on the axle pin bearing pedestal and on the bristle holder, see Figures 1 and 5-6). Regarding claim 9, said axle pin bearing pedestal has a support surface facing said bristle holder (Figures 5-6), said bristle holder has a support surface facing said axle pin bearing pedestal (side opposite bristles, Figures 5-6), and said at least one elastic biasing element is supported on said support surfaces (biasing element 206 supported on those surfaces, Figures 5-6). Regarding claim 10, said support surface of said axle pin bearing pedestal and said support surface of said bristle holder are each flat surfaces facing each other and having a gap distance therebetween in which said at least one elastic biasing element is disposed (as shown in Figures 5-6). Regarding claim 11, said axle pin (205) protrudes from said support surface of said axle pin bearing pedestal (Figures 5-6); and said pin receiving opening is part of said support surface of said bristle holder (opening in the bristle holder 2, Figures 5-6). Regarding claim 12, said bristle holder has a wall element surrounding said axle pin at least partially and at a distance (unlabeled, see Figure 1), and said wall element forms an aperture in which said axle pin bearing pedestal, in a mounted state of the toothbrush, is received at least partially in a pivotable or rotatable manner and in a contour-adapted and substantially play-free manner (Figures 5-6). Regarding claim 13, said at least one elastic biasing element is ring-shaped and disposed around said axle pin (biasing member 206 is ring shaped in cross section and is disposed around axle pin 205, see Figures 1 and 5-6). Regarding claim 14, said axle pin bearing pedestal has a ring-shaped outer geometry (Figures 5-6); said wall element of said bristle holder forms a ring-shaped aperture (unlabeled, best shown in Figure 1) in which said axle pin bearing pedestal is accommodated at least partially in a contour-adapted and substantially play-free manner (Figure 1); a ring-shaped receiving space is formed around said axle pin between said support surfaces of said axle pin bearing pedestal and bristle holder and a wall section of said wall element (Figures 5-6, to receive 206); and said at least one ring-shaped elastic biasing element is received in said ring-shaped receiving space and elastically biases said bristle holder in a direction away from said axle pin bearing pedestal (Figures 1, 5-6; paragraph [34] and claim 12). Regarding claim 15, said bristle holder (2) is formed by a separate component (see unassembled view in Figure 2) being detachably connected to said head portion (detachably connected, can detach when pin 104 is removed, see paragraph [18]) and pivotably connected relative to said head portion (via pin 205 discussed above). Regarding claim 16, further comprising at least one mounting element (104) detachably holding said bristle holder on said head portion so as to be pivotable relative to said head portion (paragraph [34], see Figures). Regarding claim 17, said at least one mounting element is formed by a lock pin (104 is a lock pin) securing, in its mounted state, said bristle holder against lifting off in a direction of said rotational pivot axis (paragraphs [18] and [34]). Regarding claim 18, said lock pin in said mounted state is held in said head portion and is aligned substantially perpendicular to said rotational pivot axis (Figures 1-2 and 5-6); said lock pin has a free lock pin end engaging in a slot recess of said bristle holder (208) being aligned horizontally relative to said rotational pivot axis (as shown in Figures 5-6); said lock pin is held in said slot recess in the direction of said rotational pivot axis in at least one of a form-fitting or contour-fitting manner (Figures 3-4); and said lock pin is displaceable in said slot recess in the horizontal direction within adjustment ranges being predetermined by a geometry of said in slot recess (Figures 3-4). Regarding claim 19, said axle pin is retained or releasably retained with a pedestal side end in an axle pin receiving opening of said axle pin bearing pedestal (pedestal part of wall of 101, unlabeled, receives 104; best shown in Figures 5-6). Regarding claim 20, said electric drive unit is formed by an electric motor (unlabeled motor in Figure 2 or 405 in Figure 12; paragraphs [3]-[5]). Regarding claim 22, wherein: said end of said drive shaft drivingly engaging said bristle holder is a remote-most end of said drive shaft (end having 301, Figures 1-2); said remote-most end of said drive shaft is bent in a hook-shaped manner or is bent in a hook-shaped manner towards an intersection of said first longitudinal axis and said rotational pivot axis (at 301, best shown in Figure 1); said bristle holder has a closed-ended slot extending radially inward from an outer circumference of said bristle holder to less than a distance to a center of said bristle holder (Figure 1, 204), for receiving and retaining said remote-most end of said drive shaft (Figures 3-4). Regarding claim 24, said bristle holder has a substantially circular outer geometry (Figure 1). Regarding claim 25, said rotatable drive shaft runs inside said head portion (best shown in Figure 2); said drive shaft is rotatably mounted in a shaft bearing (includes 304 or 306), said shaft bearing is formed or disposed in an interior of said head portion (Figure 2); said drive shaft extends through and away from said shaft bearing in a direction of said handle portion (Figure 2); and at least one elastic prestress element elastically prestresses said drive shaft (springs, 303 and 305). Regarding claim 26, said head portion is at least one of at least partially hollow or sleeve-shaped on an inside (Figure 2), said shaft bearing is formed or disposed in a section of said head portion facing said bristle holder (Figures 1-2), and said at least one elastic prestress element elastically prestresses said drive shaft in a direction away from said shaft bearing (Figure 2; paragraph [38]-[39]). Regarding claim 27, said shaft bearing is formed by a separate component supported and accommodated inside said head portion (Figure 2). Regarding claim 28, said at least one elastic prestress element is supported on said shaft bearing (Figure 2); said drive shaft has a support element in a drive shaft part spaced apart from said shaft bearing in a direction of said handle portion (support element can be considered 306 when 304 is considered the shaft bearing, 306 is spaced from 304, Figure 2); and said at least one elastic prestress element is supported on said support element to elastically prestress said drive shaft or to elastically prestress said drive shaft in a direction away from said shaft bearing (Figure 2, elastic prestress element 305). Regarding claim 29, said support element is formed by a shaft-side thickening (306 is a thickening, Figure 2). Regarding claim 30, wherein said at least one elastic prestress element, or a coil spring forming said elastic prestress element (305), encloses a shaft section between said shaft bearing and said support element (Figure 2). Regarding claim 31, said drive shaft has a drive shaft end disposed opposite said bristle holder and extending in a direction of said handle portion (Figure 2); said electric drive unit has an actuator element or said electric drive unit is an electric motor having a motor output shaft being an actuator element (unlabeled motor output shaft, Figure 2); and said drive shaft end disposed opposite said bristle holder is rotatably coupled directly or indirectly to said actuator element (at 308, Figure 2; paragraph [35]). Regarding claim 32, there is a coupling element (308), said motor output shaft having a free end rotationally connected by said coupling element to said drive shaft end disposed opposite said bristle holder (Figure 2, paragraph [35]). Regarding claim 33, said drive shaft together with said coupling element and said motor output shaft form a common rotatable drive shaft and the first longitudinal axis (Figure 2). Regarding claim 34, said coupling element is formed by a sleeve element with a substantially cylindrical outer contour (unlabeled sleeve element that secures to 308 in Figure 2); said sleeve element is aligned in a direction of said first longitudinal axis (Figure 2); said sleeve element has sleeve opening end sections lying on opposite sides (Figure 2); and said drive shaft end and said free end of said motor output shaft are each held or detachably held at or in a respective one of said sleeve opening end sections (Figure 2; paragraphs [35] and [39]). Regarding claim 35, said handle portion has a stem section being elongate or elongate and internally at least partially at least one of hollow-formed or sleeve-shaped (unlabeled stem section that is sleeve-shaped and hollow, Figure 2); said stem section extends in a direction of the first longitudinal axis for detachably connecting said handle portion to said head portion (Figures 1-2); said head portion has a receiving opening at an end region opposite said bristle holder (opening at 103 in Figure 1); and said stem section has a free end being at least partially inserted into and detachably retained at said receiving opening of said head portion in an assembled state (Figures 1-2). Regarding claim 36, said coupling element is formed by a separate component held and accommodated in said interior of the stem section (308, Figure 2). Regarding claim 44, said stem section has at least one compartment for accommodating components of the toothbrush (Figures 1-2). Regarding claim 45, said electric drive unit is accommodated in a drive unit compartment in an interior of said handle portion (Figure 2).
Claim(s) 1-3, 15, 20-24, 31-36, and 44-45 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McDougall, US 5,625,916.
Regarding claim 1, McDougall discloses an electrically driven toothbrush comprising a handle portion (at 10); a head portion detachably connectable to the head portion (11); a drive shaft being rotatable and extending at least in the head portion (12, Figure 1), the drive shaft defining a first longitudinal axis and having an end (see Figures); an electric drive unit directly or indirectly rotating the drive shaft (14; column 2 lines 1-3); and a bristle holder pivotally mounted to the head portion and drivingly engaged by the end of the drive shaft (13). Regarding claim 2, said handle portion is disposed at a first end of the toothbrush (Figure 1), and said head portion is disposed at a second end of the toothbrush (Figure 1). Regarding claim 3, there further comprises an axle pin (18) defining a second longitudinal axis forming a rotational pivot axis for said bristle holder (axis 40, Figure 2), said bristle holder being pivotally mounted to said head portion on said axle pin (column 2 lines 6-8). Regarding claim 15, said bristle holder (13) is formed by a separate component (see Figures) being detachably connected to said head portion (column 2 lines 45-47) and pivotably connected relative to said head portion (via 18). Regarding claim 20, the electric drive unit is formed by an electric motor (column 2 lines 1-3). Regarding claim 21, the electric motor is powered by at least one battery located in the handle portion (15, Figure 1). Regarding claim 22, wherein: said end of said drive shaft drivingly engaging said bristle holder is a remote-most end of said drive shaft (end at 20, 21; Figures 1-2); said remote-most end of said drive shaft is bent in a hook-shaped manner or is bent in a hook-shaped manner towards an intersection of said first longitudinal axis and said rotational pivot axis (Figures 1-2); said bristle holder has a closed-ended slot extending radially inward from an outer circumference of said bristle holder to less than a distance to a center of said bristle holder (22), for receiving and retaining said remote-most end of said drive shaft (Figure 3). Regarding claim 23, said bristle holder has a top surface on a side opposite said axle pin (top surface is facing upwardly in Figures 2 and 5), and said top surface has a plurality of bristle receiving and retaining holes distributed over said top surface and mutually spaced apart (see holes in Figure 5 that receive bristles 19 in Figure 2). Regarding claim 24, the bristle holder has a substantially circular outer geometry (Figures 1, 3 and 6). Regarding claim 31, said drive shaft has a drive shaft end disposed opposite said bristle holder and extending in a direction of said handle portion (Figure 1); said electric drive unit has an actuator element or said electric drive unit is an electric motor having a motor output shaft being an actuator element (unlabeled motor output shaft, Figure 1); and said drive shaft end disposed opposite said bristle holder is rotatably coupled directly or indirectly to said actuator element (at 17, Figure 1; column 2 lines 3-5). Regarding claim 32, there is a coupling element (17), said motor output shaft having a free end rotationally connected by said coupling element to said drive shaft end disposed opposite said bristle holder (Figure 1). Regarding claim 33, said drive shaft together with said coupling element and said motor output shaft form a common rotatable drive shaft and the first longitudinal axis (Figure 1). Regarding claim 34, said coupling element is formed by a sleeve element with a substantially cylindrical outer contour (17, Figure 1); said sleeve element is aligned in a direction of said first longitudinal axis (Figure 1); said sleeve element has sleeve opening end sections lying on opposite sides (Figure1); and said drive shaft end and said free end of said motor output shaft are each held or detachably held at or in a respective one of said sleeve opening end sections (Figure 1; column 2 lines 3-5). Regarding claim 35, said handle portion has a stem section being elongate or elongate and internally at least partially at least one of hollow-formed or sleeve-shaped (unlabeled stem section that is sleeve-shaped and hollow, Figure 1); said stem section extends in a direction of the first longitudinal axis for detachably connecting said handle portion to said head portion (Figure 1); said head portion has a receiving opening at an end region opposite said bristle holder (unlabeled opening, Figure 1); and said stem section has a free end being at least partially inserted into and detachably retained at said receiving opening of said head portion in an assembled state (Figure 1). Regarding claim 36, said coupling element is formed by a separate component held and accommodated in said interior of the stem section (17, Figure 1). Regarding claim 44, said stem section has at least one compartment for accommodating components of the toothbrush (Figure 1). Regarding claim 45, said electric drive unit is accommodated in a drive unit compartment in an interior of said handle portion (Figure 1).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., WO 2006/004316 in view of McDougall, US 5,625,916.
Wang et al. disclose the toothbrush comprising all of the elements previously discussed above, however fails to disclose how electricity powers the electric motor, specifically that the electric motor is powered by at least one battery or at least one rechargeable battery located in said handle portion.
McDougall discloses an electrically driven toothbrush comprising a handle portion (at 10); a head portion detachably connectable to the head portion (11); a drive shaft being rotatable and extending at least in the head portion (12, Figure 1), the drive shaft defining a first longitudinal axis and having an end (see Figures); an electric drive unit directly or indirectly rotating the drive shaft (14; column 2 lines 1-3); and a bristle holder pivotally mounted to the head portion and drivingly engaged by the end of the drive shaft (13). Further regarding claim 21, McDougall teaches that the electric motor is powered by at least one battery located in the handle portion (15, Figure 1).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric toothbrush of Wang et al. to power the electric motor by at least one battery, as McDougall teaches, in order to provide electricity to the electric motor.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., WO 2006/004316 in view of McDougall, US 5,625,916.
Wang et al. disclose the toothbrush comprising all of the elements previously discussed above including that the bristle holder has a top surface with a plurality of bristles (bristles are unlabeled, Figures 1 and 5-6; top surface facing downwardly). Wang et al. fails to disclose that the top surface has a plurality of bristle receiving and retaining holes distributed over the top surface and mutually spaced apart.
McDougall discloses an electrically driven toothbrush comprising a handle portion (at 10); a head portion detachably connectable to the head portion (11); a drive shaft being rotatable and extending at least in the head portion (12, Figure 1), the drive shaft defining a first longitudinal axis and having an end (see Figures); an electric drive unit directly or indirectly rotating the drive shaft (14; column 2 lines 1-3); and a bristle holder pivotally mounted to the head portion and drivingly engaged by the end of the drive shaft (13). Further regarding claim 23, McDougall teaches that the top surface has a plurality of bristle receiving and retaining holes distributed over the top surface and mutually spaced apart (see holes in Figure 5 that receive bristles 19 in Figure 2).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bristle holder top surface of Wang et al. to include a plurality of bristle receiving and retaining holes distributed over the top surface and mutually spaced apart, as McDougall teaches, in order to secure bristles to the toothbrush head.
Claim(s) 37-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., WO 2006004316 in view of Kressner, US 8,671,492.
Wang et al. disclose the toothbrush comprising all of the elements previously discussed above but does not disclose that there is a quick-lock or snap-fit connection for detachably connecting the head portion and stem section of the handle. Further regarding claim 43, there is a drive shaft bearing (304 or 306).
Kressner discloses an electric toothbrush (Title) comprising a handle portion (2); a head portion detachably connectable to the head portion (3); a drive shaft extending at least in the head portion (8, Figure 1) the drive shaft defining a first longitudinal axis and having an end (see Figures); an electric drive unit directly or indirectly rotating the drive shaft (column 9 lines 60-64); and a bristle holder (6). Kressner also teaches that the drive shaft has a drive shaft end disposed opposite the bristle holder (Figure 1), the electric drive unit has an actuator element (5); the drive shaft end disposed opposite the bristle holder is rotatably coupled directly or indirectly to the actuator element (Figure 1); there is a coupling element (63), the motor output shaft having a free end connected by the coupling element to the drive shaft end (Figure 4), wherein the drive shaft and coupling element form a common rotatable drive shaft (Figure 4); the coupling element is formed by a sleeve element with a substantially cylindrical outer contour (Figure 4); the sleeve element is aligned in a direction of the first longitudinal axis (see Figure 4), the sleeve element has an opening end section (best shown in Figure 4); the drive shaft end and free end of the motor output shaft are each held or detachably held at a respective one of the sleeve opening end sections (Figure 4); the handle portion has a stem section being elongate (4 or 62), the stem section extends in a direction of the first longitudinal axis for detachably connecting the handle portion to the head portion (Figure 4); the head portion has a receiving opening at an end region opposite said bristle holder (Figure 4); and said stem section has a free end being at least partially inserted into and detachably retained in the receiving opening of the head portion in an assembled state (Figure 4). Further regarding claim 37, there is a snap-fit connection acting as a quick-lock connection for detachably connecting the head portion and stem section of the handle portion (via 43 in Figure 4; alternatively via 70, Figure 6). Regarding claim 38, said stem section (4 or 62) has a fastening element at said free end facing said head portion (43), said fastening element interacting with a fastening counter element (44) inside said receiving opening of said head portion in an inserted, assembled state (Figure 4). Regarding claim 39, said fastening element is tube-shaped and projects from said free end of said stem section in a pin-shaped manner (Figure 5); said tube-shaped fastening element has an outer circumferential region and an annular or circumferential snap-in area on said outer circumferential region (unlabeled, see Figures 1 and 5); at least one elastically expandable snap-in element of said fastening counter element snaps into said annular or circumferential snap-in area and detachably holds said free end of said stem section in said receiving opening of said head portion in an assembled state of said snap-fit connection; and said at least one elastically expandable snap-in element of said fastening counter element is configured to be elastically pressed over when making and when releasing said snap-fit connection (column 4 line 37 to column 5 line 6). Regarding claim 40, the free end of said drive shaft is guided through said tube-shaped fastening element into said interior of said stem section (Figure 4). Regarding claim 41, said free end of said drive shaft is guided to said coupling element formed or disposed in said interior of said stem section (see Figures). Regarding claim 42, said free end of said stem section has an outer or outer cylindrical, outer circumferential region, and part of said outer or outer cylindrical, outer circumferential region is received in at least one of a form-fitting or contour-fitting manner or substantially without play in an interior of said head portion in said assembled state (see Figures 1-5). Further regarding claim 43, the fastening counter element is part of a retainer sleeve disposed and held inside the head portion for supporting the drive shaft in position (Figures 1 and 4). The quick-lock or snap-fit connection allows for an easy to operate coupling between a handle and a brush head (column 2 lines 21-26, 30-44).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection between the head portion and stem section of the handle of Wang et al. so that it comprises the quick-lock connection or snap-fit connection acting as a quick-lock connection as Kressner teaches, in order to provide a coupling that is easy to operate for a user when separating a toothbrush handle from a toothbrush head.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
lcg
Prosecution Insights