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 § 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,317,605 to Alissandratos in view of U.S. Patent No. 6,601,699 to Naredo and U.S. Patent App. Pub. No. 2013/0118937 to Gelfand et al.
As to claim 1, Alissandratos discloses a method of providing a brush holder capable of being used as an oral care regimen kit (see Alissandratos col. 4, lines 7-12), the method comprising: packaging an oral care system in a packaging unit, the packaging unit comprising the oral care system comprising a toothbrush and an oral fluid container (see Alissandratos Fig. 2 disclosing brush 11 and cup 31 (read as fluid container), and a clip configured to engage a first portion of the oral care system such that the toothbrush cannot be depressed into the oral fluid container while the oral care system is engaged by the clip (see Alissandratos Fig. 1, ref.#14). Alissandratos discloses that the brush holder may be made of any desired size to accommodate the brush of interest, including toothbrushes (see Alissandratos col. 4, lines 7-12).
To the extent it could be argued that the cup 31 disclosed by Alissandratos is not an oral fluid container, Naredo discloses a providing a similar toothbrush system that includes both a toothbrush and an oral fluid container with a premeasured amount of oral fluid contained at a bottom of the oral care system and wherein providing the system both holds a toothbrush and permits a flow of an antiseptic solution from a container to the holder for the toothbrush (see Naredo Fig. 2 disclosing both a toothbrush 7, an oral fluid container 3 with oral fluid 28; see Abstract). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the brush system of Alissandratos with the oral care system with the toothbrush and the premeasured oral fluid inside the fluid container as disclosed by Naredo in order to provide a system for both holding a toothbrush and permitting the flow of an antiseptic solution from a container to the holder for the toothbrush to clean the toothbrush.
The combination of Alissandratos and Naredo can be considered as disclosing enclosing the packaging unit in a wrapper (see Alissandratos Fig. 3 disclosing rear housing 10, flange 36 and closure 37 that encases the packaging unit). To the extent that it could be argued that Alissandratos/Naredo does not disclose a wrapper, it is noted that use of plastic wrap or packaging is known in the art and does not provide patentable significance (see Gelfand paragraph [0042]). It would have been obvious to one of ordinary skill in the art at the time of filing to enclose the packaging unit in a wrapper as disclosed by Gelfand so that the packaging unit is not subjected to additional environmental contaminants prior to being used by the user (see Gelfand paragraph [0042]).
As to claim 2, the combination of Alissandratos, Naredo and Gelfand discloses that the clip can be configured to releasably couple to the first portion to engage the first portion (see Alissandratos col. 2, lines 10-55 disclosing that the brush can be inserted and removed from the clip 14 and thus is considered to be configured to releasably couple to the first portion).
As to claim 3, the combination of Alissandratos, Naredo and Gelfand discloses that the packaging unit can comprise a mount configured to support the clip (see Alissandratos Figs. 1 and 2 where the clip 14 can be supported to the mount 18).
As to claim 4, the combination of Alissandratos, Naredo and Gelfand discloses that the mount can be considered a panel (where the term panel is understood to mean “distinct part of a surface”).
As to claim 5, the combination of Alissandratos, Naredo and Gelfand discloses that the panel can comprise a left flap, a right flap and a middle portion and wherein the panel is capable of standing upright while supported by the middle portion, the left flap and the right flap (see Alissandratos Figs. 1 and 2 disclosing that the panel can comprise a left flap, right flap and a middle portion that has the clip and brush).
As to claim 6, the combination of Alissandratos, Naredo and Gelfand discloses that the oral care system can comprise a pair of grooves configured to receive a pair of flat portions of the clip (see Alissandratos Fig. 2 disclosing that the clip/brush comprise a groove and a flat portion of the clip where it is understood that a similar groove/flat portion is located on the opposite side of the first clip/flat portion).
As to claim 7, the combination of Alissandratos, Naredo and Gelfand discloses that the oral fluid container can contain a premeasured amount of oral fluid contained at a bottom of the oral care system (see Alissandratos Fig. 2 disclosing the cup 31 located at the bottom of the oral care system; Naredo Fig. 2 disclosing both a toothbrush 7, an oral fluid container 3 with oral fluid 28; see Abstract). Furthermore, Alissandratos discloses the pair of grooves of the oral care system such that the toothbrush cannot be depressed intro the oral fluid container while the pair of flat portions are received by the pair of grooves (see Alissandratos Fig 2 where the brush is capable not to be depressed into the cup 31 while the pair of the flat portions of the clip are capable to be received by the pair of the grooves).
As to claim 8, the combination of Alissandratos, Naredo and Gelfand discloses that the clip can be configured to engage a second portion of the oral care system different than the first portion after the oral care system has been used (see Alissandratos Fig. 3 where different portions of the oral care system can be engaged).
As to claim 9, the combination of Alissandratos, Naredo and Gelfand discloses that the back of the clip can be considered a flat portion also and said flat portion can be placed on the backing portion of the panel (see Alissandratos Fig. 3 where the back of the clip is mounted to the backing portion of the panel 18; see also MPEP 2144.04(VI)(B) where duplication of parts is prima facie obvious).
As to claim 10, the recitation that the pair of flat portions is not able to receive the pair of grooves after the oral care system is used such that the oral care system cannot be replaced into the packaging unit responsive to the oral care system being used appears to be an intended use of pair of flat portions. The pair of flat portions disclosed by Alissandratos/Naredo/Gelfand is fully capable of not being able to receive the pair of grooves after the oral care system is used by the user deciding not to reuse the oral care system or the packaging unit.
As to claim 19, the combination of Alissandratos, Naredo and Gelfand discloses that a lower portion of the oral care system can be placed in a recess of the packaging unit and an upper portion of the oral care system can be placed in a lot of an overhang of the packaging unit (see Alissandratos Fig. 3 where the lower portion of the toothbrush is placed in a recess of the packaging unit (the area below the clip) and the upper portion of the toothbrush is placed in the overhang of the packaging unit (the area above the clip)).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,317,605 to Alissandratos in view of U.S. Patent No. 6,601,699 to Naredo and U.S. Patent App. Pub. No. 2013/0118937 to Gelfand et al. as applied to claim 1 above, and further in view of U.S. Patent App. Pub. No. 2017/0311707 to Beck et al.
Alissandratos, Naredo and Gelfand are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 11, the combination of Alissandratos, Naredo and Gelfand does not explicitly disclose that the toothbrush includes a suction port and a plunger configured to be removably inserted in the suction port. Beck discloses a similar oral cleaning brush that includes a suction port and a plunger configured to be removably inserted in the suction port (see Beck Fig. 5 and paragraph [0042] disclosing a vacuum port 504 and plunger 502). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the brush of Alissandratos/Naredo/Gelfand in order to allow a clinician to remove any excess fluids in a patient’s mouth (see Beck paragraph [0009]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,317,605 to Alissandratos in view of U.S. Patent No. 6,601,699 to Naredo and U.S. Patent App. Pub. No. 2013/0118937 to Gelfand et al. as applied to claim 1 above, and further in view of U.S. Patent App. Pub. No. 2017/0095071 to Osmond et al.
Alissandratos, Naredo and Gelfand are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 12, the combination of Alissandratos, Naredo and Gelfand does not explicitly disclose that the clip comprises a set of prongs configured to surround and releasably couple to the first portion. Osmond discloses a similar toothbrush holding device comprising a clip comprising a set of prongs configured to surround and releasably couple to the toothbrush (see Osmond Figs. 2 and 5, ref.#52; paragraph [0052]). It would have been obvious to one of ordinary skill in the art at the time of filing to use a set of prongs as disclosed by Osmond and the results would have been predictable (holding of toothbrush)(see MPEP 2143(I)(B) where simple substitution of one known equivalent element for another is prima facie obvious).
Claim(s) 13-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,317,605 to Alissandratos in view of U.S. Patent No. 6,601,699 to Naredo and U.S. Patent App. Pub. No. 2013/0118937 to Gelfand et al. as applied to claim 1 above, and further in view of U.S. Patent App. Pub. No. 2004/0211683 to Barham et al. and U.S. Patent No. 6,418,940 to Tcherny et al.
Alissandratos, Naredo and Gelfand are relied upon as discussed above with respect to the rejection of claim 1.
As to claim 13, while the combination of Alissandratos, Naredo and Gelfand discloses a cup as the oral fluid container, the combination of Alissandratos, Naredo and Gelfand does not explicitly disclose a funnel and a tube configured to be inserted into an internal chamber of the oral fluid container. Barham discloses a similar toothbrush cleaning container wherein the opening includes a funnel shape (see Barham Fig. 1) and Tcherny discloses a similar dental cleaning container wherein the opening includes a funnel and a tube that is inserted into the cleaning container (see Tcherny Figs. 2 and 9-11). It would have been obvious to one of ordinary skill in the art at the time of filing to include a funnel and a tube to be inserted into the internal chamber of the oral fluid container as disclosed by Barham and Tcherny as is known in the art.
As to claim 14, the combination of Alissandratos, Naredo, Gelfand, Barham and Tcherny discloses that the tube can comprise of a leading edge at an open end of the tube and a second edge opposite the leading edge, the tube is centered on an axis and the leading edge is disposed along a plane that is separated from the axis by an acute angle in a clockwise direction from the axis (see Tcherny Fig. 9 where the top end of the tube (read as the leading edge) can also have an angle to it as it leads to the funnel shape opening and said leading edge is considered as disposed along a plane that is separated from the axis of the tube in an acute angle in a clockwise direction from the axis).
As to claim 15, the combination of Alissandratos, Naredo, Gelfand, Barham and Tcherny discloses that the funnel and the tube can be configured to receive the toothbrush in the internal chamber (see Barham Fig. 1; Tcherny Fig. 2).
As to claim 16, the combination of Alissandratos, Naredo, Gelfand, Barham and Tcherny discloses that the tube can comprise angled projections configured to prevent the tube from sliding out of the internal chamber responsive to the tube being inserted in the internal chamber (see Tcherny Fig. 9 disclosing angled projections 74, 76 and 77 that prevent the tube from sliding out).
As to claim 18, the combination of Alissandratos, Naredo, Gelfand, Barham and Tcherny discloses that the oral fluid container can contain a base to receive a premeasured amount of oral fluid responsive to a user beginning tooth brushing (see Barham Fig. 1, ref.#26 disclosing a reservoir capable of receiving cleaning solution; Tcherny Fig. 12 disclosing the liquid within the container) where it is noted that said recitation is directed to an intended use of the oral fluid container which is fully capable of receiving a premeasured amount of oral fluid responsive to when a user wants to begin tooth brushing.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,317,605 to Alissandratos in view of U.S. Patent No. 6,601,699 to Naredo, U.S. Patent App. Pub. No. 2013/0118937 to Gelfand et al. and U.S. Patent App. Pub. No. 2004/0211683 to Barham et al. and U.S. Patent No. 6,418,940 to Tcherny et al. as applied to claim 13 above, and further in view of U.S. Patent No. 4,995,509 to Kornfeind.
Alissandratos, Naredo, Gelfand Barham and Tcherny are relied upon as discussed above with respect to the rejection of claim 13.
As to claim 17, the combination of Alissandratos, Naredo, Gelfand Barham and Tcherny does not explicitly disclose that the tube comprises one or more seals configured to prevent contaminants from entering the oral fluid chamber. Kornfeind discloses a similar cleaning device wherein a seal is used over the opening (see Kornfeind Fig. 6, ref.#77; col. 3, lines 31-42). It would have been obvious to one of ordinary skill in the art at the time of filing to include a seal over the tube as disclosed by Kornfeind in order to seal the tube (which would prevent contaminants from entering the chamber).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,317,605 to Alissandratos in view of U.S. Patent No. 6,601,699 to Naredo and U.S. Patent App. Pub. No. 2013/0118937 to Gelfand et al. as applied to claim 19 above, and further in view of CN101669843A to You (see machine translation).
Alissandratos, Naredo and Gelfand are relied upon as discussed above with respect to the rejection of claim 19.
As to claim 20, the combination of Alissandratos, Naredo and Gelfand does not explicitly disclose that the oral care system comprises a pair of channels to receives sides of the slot. You discloses that it is known in the art for toothbrushes to be shaped to have channels that can receive the sides of the clip (see You Fig. 1 where the sides of toothbrush 20 have channels to receive the clip 41). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Alissandratos, Naredo and Gelfand such that the toothbrush has channels as disclosed by You as is known in the art and to improve holding of the toothbrush by the clip (see also MPEP 2144.04(IV)(B) where changes in shape are prima facie obvious).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS LEE whose telephone number is (571)270-3296. The examiner can normally be reached M-F 7:30-4:30pm.
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/DOUGLAS LEE/Primary Examiner, Art Unit 1714
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