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 .
Rejections 35 U.S.C. § 112
1. 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 44-63 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.
It is not clear whether oral coupling of independent claim 44 requires an oral care coupling with an oral care device or an oral care coupling configured to attach to an oral care device. In line 4 of independent claim 44 seems to suggest the later while claim 58, which depends from claim 44, appears to suggest the former.
Claims 45-63 are rejected for their dependency on claim 44.
Rejections 35 U.S.C. § 102(a)(1)
2. 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 44-47, 49, 56 and 61 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication (2021/330432) to Prendergast et al.
Regarding independent claim 44, Prendergast et al. discloses a first portion (55) comprising a plug connector (72); and a second portion (28) including an adapter (54) and an adapter coupler (24) extending from the adapter (54) with that the adapter (54) is configured to couple an oral care device (18) (See paragraph [0059]);
the oral care coupling (14) is capable of a first configuration where the first portion (55) and the second portion (28) are coupled as a unitary piece (See FIG. 6A), such that the unitary piece (See FIG. 6A) is configured to fluidly couple the oral care device (18) and a first fluid flow device (92);
and with the oral care coupling (14) is capable of a second configuration where the first portion (55) and the second portion (28) are de-coupled, such that the second portion (28) is configured to fluidly couple the oral care device (18) at the adapter (54) and a second fluid flow device (16) at the adapter coupler (24) (See paragraphs [0066]-[0069]) and FIGS. 4A-6B).
Regarding claim 45, Prendergast et al. discloses that the plug connector (72) is configured to couple a flexible tube of a fluid flow device (capable of connecting to a flexible tube).
Regarding claim 46, Prendergast et al. discloses that the adapter coupler (24) is configured to couple a rigid connector of a fluid flow device (capable of coupling to a rigid connector).
Regarding claim 47, Prendergast et al. discloses that the first portion (55) and the adapter (54) of the second portion are formed of a first material (See paragraph [0069]).
Regarding claim 49, Prendergast et al. discloses that the adapter coupler (24) of the second portion (28) is formed of a second material (See paragraph [0021]).
Regarding claim 56, Prendergast et al. discloses that the adapter (54) further comprises an adapter grip (26) configured to be manipulated to facilitate de-coupling of the adapter (54) from the first portion (55).
Regarding claim 61, Prendergast et al. discloses that the oral care device (10); the first fluid flow device (92); and the second fluid flow device (16) (See paragraph [0064]).
Rejections 35 U.S.C. § 103
3. 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.
Claim 59 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication (2021/330432) to Prendergast et al.
Regarding claim 59, Prendergast et al. the first portion is integrally formed with the second portion. Although Prendergast et al. shows the first (55) and second portion (28) separate it would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Prendergast et al. to make the first and second portion integral since making separate parts integral is well known in the art and requires routine skill in the art.
Claims 48 and 50 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication (2021/330432) to Prendergast et al. in view of U.S. Patent Publication (2015/0173499) to Wong et al.
Regarding claim 48, Prendergast et al. is silent regarding the first material is polypropylene. However, Wong et al. teaches a toothbrush (10) having first component and second component made from polyolefin (See paragraph [0020]). Wong et al. teaches that the components having polyolefin provide for chemical compatibility of the components. It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Prendergast et al. with Wong et al. to include a first material with polyolefin since in order to provide chemical compatibility of the components.
Regarding claim 50, Prendergast et al. is silent the second material is polyolefin. However, Wong et al. teaches a toothbrush (10) having first component and second component made from polyolefin (See paragraph [0020]). Wong et al. teaches that the components having polyolefin provide for chemical compatibility of the components. It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Prendergast et al. with Wong et al. to include a first material with polyolefin since in order to provide chemical compatibility of the components.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
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