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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
For the purpose of examination, the priority date for claims 1-14 is 11/19/2025.
Claim Objections
Claim 12 is objected to because of the following informalities:
Claim 12, lines 1-2 recite, “the fastening portion of the first coupling portion and the fastening portion of the second coupling portion”. There is insufficient antecedent basis for these limitations in the claim.
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.
Claim 1, and dependent claims 2-14 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, paragraph 2, lines 3-4 state, “the head unit being configured to form a receiving area spaced apart from the handle portion in the longitudinal direction”. Then, paragraph 6, lines 1-3 state, “the receiving area … overlaps at least a portion of the handle portion along the longitudinal direction”. It is unclear how the receiving area can be spaced apart from the handle portion in a longitudinal direction, while also overlapping the handle portion in this same direction. Further, paragraph 2 reads as a functional limitation, rather than positively reciting the structure of the head unit.
For examination purposes, Examiner understands paragraph 2 as positively reciting the structure of the head unit, and understands “overlap” as being in line with a portion of the handle portion along the longitudinal direction, consistent with Fig. 4 of the specification.
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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ochs et al. (US 20040163666 A1), herein Ochs, in view of Jones et al. (US 3892249 A), herein Jones.
Regarding claim 1, Ochs discloses a replaceable floss device (8) (refer to Paragraph [0008]; the present invention provides a dental floss device and a dental floss holder which is adapted to be releasably connected to the head portion for subsequent use in flossing the teeth) comprising:
a main body (10) extending in a longitudinal direction (refer to annotated Fig. 1 below) and including a handle portion (11) and a head unit (12), the head unit (12) being configured to form a receiving area (space between 14+16+18) spaced apart from the handle portion (11) in the longitudinal direction (refer to annotated Fig. 1 below) and including a receiving protrusion (16A/18A) and a receiving recess (16B/18B) (refer to Paragraph [0036], annotated Fig. 4A below; the U-shaped channel comprises a convex floor 14 and two spaced apart walls, 16 and 18, comprising protrusions 16A/18A,and indentations 16B/18B); and
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a replaceable floss unit (20) replaceably coupled to the main body (10) (refer to Paragraph [0008]), and including a base portion (21) including a coupling protrusion(25A/26A) and a coupling recess (25B/26B), an arm portion (22+23) extending in a direction different from the direction in which the base portion extends, and a floss (24) coupled to the arm portion (22+23),
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wherein when the replaceable floss unit (20) is coupled to the main body (10), the base portion (21) is positioned in the receiving area (space between 14+16+18) so that the coupling protrusion (25A/26A) and the receiving recess (16B/18B) are in contact with each other and the coupling recess (25B/26B) and the receiving protrusion (16A/18A) are in contact with each other (refer to Paragraph [0038], Fig. 3A; the indentations on the head portion of the handle receive the protrusions on the dental floss holder in releasable, frictional engagement),
wherein the replaceable floss unit (20) is coupled to the head unit (12) along a coupling direction (refer to annotated Fig. 3 below) in which the floss (24) and the base portion (21) are spaced apart from each other, and the coupling direction and the longitudinal direction are different from each other (refer to annotated Fig. 3 below), and
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wherein the receiving area (space between 14+16+18) includes a first receiving end (13) and a second receiving end (15) formed opposite the first receiving end (13) (refer to annotated Fig. 4A below).
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Ochs does not disclose the first receiving end (13) as open toward the handle portion (11) and the receiving area (space between 14+16+18) overlapping at least a portion of the handle portion (11) along the longitudinal direction (as the earlier part of the claim states the “receiving area is spaced apart from the handle portion in a longitudinal direction”, Examiner understands “overlap” as being in line with a portion of the handle portion along the longitudinal direction, consistent with Fig. 4 of the specification).
Jones discloses a replaceable dental floss device (Fig. 12) in the same field of endeavor (refer to Abstract). The replaceable dental floss device (Fig. 12) comprises a head unit (41) with a receiving area (42) overlapping at least a portion of a handle portion (40) along a longitudinal direction (refer to col. 5, lines 18-20, annotated Fig. 12 below). Aligning the head unit (41) and receiving area (42) longitudinally with the handle provides for greater access to difficult to reach areas of the mouth (refer to col. 5, lines 18-25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the head unit (12) of Ochs in the same fashion of the head unit (41) of Jones to be longitudinally “overlapping” with the handle (40) to provide for greater access to difficult to reach areas of the mouth (refer to col. 5, lines 18-25).
In modifying the head unit (12) of Ochs, in the same fashion of Jones, to be orientated to overlap at least a portion of a handle portion along a longitudinal direction, either the first receiving end (13) or second receiving end (15) faces and is open to the handle portion. With either solution, there is a reasonable expectation of success, as the receiving area is orientated longitudinally in both configurations, thus providing for greater access to difficult to reach areas, as taught by Jones (refer to col. 5, lines 18-25).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention the decision to orient the receiving area to the right, with the first receiving end (13) open to the handle portion as an obvious matter of design choice within the skill of the art.
Regarding claim 2, Ochs and Jones disclose the device of claim 1; Ochs further discloses an open area (refer to annotated Fig. 4A below) fluidically connected to the receiving area (space between 14+16+18) (refer to annotated Fig. 4A below; Examiner understands “an open area fluidically connected” as any open space around the device, as the ends of the receiving area are open, enabling fluid communication with any areas exterior to the device) and surrounded by at least a portion of the handle portion (11) and at least a portion of the head unit (12), wherein the handle portion (11) further includes a curved neck portion (refer to annotated Fig. 4A below) forming at least a portion of the open area (refer to annotated Fig. 4A below), connected to at least a portion of the head unit (12), and having an outer surface that is curved on a side facing the open area (refer to annotated Fig. 4A below)
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Regarding claim 3, Ochs and Jones disclose the device of claim 2; Ochs further discloses wherein the head unit (12) includes a connecting head unit (18), a coupling head unit (14), and a spacer head unit (16) formed integrally with each other to form a U-shape (14+16+18) (refer to Paragraph [0036]; head portion 12 includes a generally U-shaped channel),
wherein the connecting head unit (18) is connected to one end of the coupling head unit (14) and the spacer head unit (16) is connected to the other end of the coupling head unit (14) (refer to annotated Fig. 4A below), and
wherein the curved neck portion (refer to annotated Fig. 4A below) is connected to the connecting head unit (18) and is physically spaced apart from the spacer head unit (16) (refer to Paragraph [0036], annotated Fig. 4A below; the U-shaped channel comprises a convex floor 14 and two spaced apart walls, 16 and 18).
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Regarding claim 4, Ochs and Jones disclose the device of claim 3; Ochs further discloses wherein the base portion (21) includes a front surface (refer to annotated Fig. 2 below) facing the floss (24) and a rear surface formed opposite the front surface(refer to annotated Fig.2 below), and
wherein when the replaceable floss unit (20) is coupled to the main body (10), the front surface of the base portion is in contact with the coupling head unit (14) and the rear surface of the base portion is open so that the coupling head unit (14) presses at least a portion of the base portion (14) (refer to Paragraph [0038], annotated Fig. 3 below; the indentations on the head portion of the handle receive the protrusions on the dental floss holder in releasable, frictional engagement).
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Regarding claim 5, Ochs and Jones disclose the device of claim 3; wherein the arm portion includes a first arm portion (22) extending from one end of the base portion and a second arm portion (23) extending from the other end of the base portion (refer to Paragraph [0037], annotated Fig. 2 below; stackable dental floss holder 20 comprises a base portion 21 and a pair of spaced-apart arms 22 and 23 extending from the base portion to accommodate a length of dental floss 24 therebetween),
wherein the floss (24) is coupled between the first arm portion (22) and the second arm portion (23) (refer to Paragraph [0037], annotated Fig. 2 below), and
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wherein when the replaceable floss unit (20) is coupled to the main body (10), the first arm portion (22) is provided in the open area (refer to annotated Fig. 3 below) (as disclosed in claim 2 above, Examiner understands “an open area” as any open space around the device) and the second arm portion (23) is provided around the second receiving end (15) (refer to annotated Figs. 3, 3A below).
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Regarding claim 6, Ochs and Jones disclose the device of claim 5; Ochs further discloses wherein the open area formed by the curved neck portion is not formed on the second receiving end (15) (refer to annotated Fig. 4A from claim 2 above; the open area by the curved neck portion is formed by the curved neck, which is positioned away from the second receiving end; further, as detailed in claim 1 above, Ochs, as modified by Jones, has the first receiving end (13) positioned towards the handle, with the second receiving end (15) positioned distal, such that the open area of the curved neck handle is not formed on the second receiving end (15)).
Regarding claim 7, Ochs and Jones disclose the device of claim 5; Ochs further discloses wherein the floss (24) has a first tension when the replaceable floss unit (20) is not coupled to the main body (10) and has a second tension greater than the first tension when the replaceable floss unit (20) is coupled to the main body (10) (refer to Paragraph [0034]; the floss in the dental floss holder as made and before insertion into a handle typically has some slack; the relationship between the snap fit projections on the dental floss holder and the ends of the head portion may be arranged to make the floss material taut when the dental floss device is assembled for use), and
wherein a straight-line distance between distal ends of the first arm portion and the second arm portion is a first distance (W) when the replaceable floss unit (20) is not coupled to the main body (10) and is a second distance greater than the first distance (W1) when the replaceable floss unit (20) is coupled to the main body (10) (refer to Paragraph [0034], Fig. 2; W illustrates the width of the dental floss holder as made and W1 illustrates the slightly larger width of the dental floss holder when engaged with handle 10).
Regarding claim 8, Ochs and Jones disclose the device of claim 7; Ochs further discloses wherein a curvature of the base portion is a first curvature when the replaceable floss unit (20) is not coupled to the main body (10) and is a second curvature smaller than the first curvature when the replaceable floss unit (20) is coupled to the main body (10) (refer to annotated Fig. 2 below; the bend of the arms is sharper or has more “curvature” before coupling the floss unit (20) to the main body (10)).
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Regarding claim 9, Ochs and Jones disclose the device of claim 5; Ochs further discloses wherein the replaceable floss unit (20) further includes a coupling portion (refer to annotated Fig. 2 below) being in contact with at least a portion of the head unit (12) when the replaceable floss unit (20) and the head unit (12) are coupled to each other (refer to Fig. 3; the interior surface of the floss unit (20) mates with the head unit (12)), and
having a cavity structure (refer to annotated Fig. 2 below), wherein a direction in which the coupling portion and the floss are spaced apart from each other is different from the longitudinal direction (refer to annotated Fig. 2 below),
wherein at least a portion of the coupling portion is formed by the base portion (21) (refer to annotated Fig. 2 below), and
another portion of the coupling portion is formed by the arm portion (22+23) (refer to annotated Fig. 2 below), and
wherein the coupling portion (refer to annotated Fig. 2 below) includes a first coupling portion (27A) adjacent to the first arm portion (22) and a second coupling portion (27B) adjacent to the second arm portion (23) (refer to Paragraph [0038]; the snap fit projections 27A,27B on the arms 22,23 of dental floss holder 20 are engaged with ends 13,15 (including the lower corners of said ends) of the head portion of the handle).
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Regarding claims 10-11, Ochs and Jones disclose the device of claim 9, wherein the coupling portion forms a first included angle when the replaceable floss unit (20) is not coupled to the main body (10), and the coupling portion forms a second included angle when the replaceable floss unit (20) is coupled to the main body (10), and wherein the second included angle is greater than the first included angle, wherein the first included angle is 90 degrees or less (refer to Paragraph [0034], annotated Fig. 2 below; as shown, when the dental floss holder is secured in the U-shaped channel of the head portion, the distance between the arms of the dental floss holder is increased; as shown in Fig. 2, the increase in distance causes the arms to expand or be angled more outward, thus making the second included angle greater than the first; further, both of these angles are shown as acute).
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Regarding claim 12, Ochs and Jones disclose the device of claim 9; Ochs further discloses wherein the coupling portion includes an inner surface and includes a fastening portion which is an end of the inner surface adjacent to an inner portion of the arm portion (refer to annotated Fig. 2 below),
wherein when the replaceable floss unit (20) is not coupled to the main body (10), the fastening portion of the first coupling portion and the fastening portion of the second coupling portion are spaced apart from each other by a first separation distance, and when the replaceable floss unit (20) is coupled to the main body (10), the fastening portion of the first coupling portion and the fastening portion of the second coupling portion are spaced apart from each other by a second separation distance (refer to Paragraph [0034], annotated Fig. 2 below; W illustrates the width of the dental floss holder as made and W1 illustrates the slightly larger width of the dental floss holder when engaged with handle 10; thus, there are two separation distances, one when the floss unit (20) is disassembled, and a second, when assembled)
wherein the first separation distance is smaller than the second separation distance and smaller than a head length of the coupling head unit (W/W1) (refer to Paragraph [0034]; the separation distance between the two sides of the floss unit (20) is greater when assembled to the main body (10)).
Regarding claim 13, Ochs and Jones disclose the device of claim 1; Ochs further discloses wherein each of the receiving protrusion (16A/18A) and the coupling protrusion(25A/26A) has a curved cross-sectional shape (refer to Figs. 2, 4A), and
wherein each of the receiving recess (16B/18B) and the coupling recess (25B/26B) has a cross-sectional shape corresponding to the receiving protrusion (16A/18A) and the coupling protrusion(25A/26A) (refer to Paragraph [0036]; protrusions 16A,18A and indentations 16B,18B on walls 16,18 are sized and arranged to receive, in releasable frictional engagement, mating indentations and protrusions on lateral sides 25,26 of base portion 21 of the aforementioned dental floss holder 20).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ochs et al. (US 20040163666 A1), herein Ochs, in view of Jones et al. (US 3892249 A), herein Jones as applied to claim 1 above, and further in view of Forsell (US 20040094182 A1).
Regarding claim 14, Ochs and Jones disclose the device of claim 1; Ochs does not explicitly teach wherein the base portion (21) has a thickness greater than that of the arm portion (22+23).
Forsell discloses a replaceable floss unit (40) in the same field of endeavor (refer to Paragraph [0013], Fig. 2). The replaceable floss unit (10) has a base portion (16) with a thickness greater than that of an arm portion (16+17) (refer to Paragraph [0013]; the legs are thinner than the base). This design provides thinner, weaker legs that can be easily bent to maintain the tensioned floss (refer to Paragraph [0014]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the thickness of the arm portion (22+23) and base (21) of Ochs and Jones with a base portion (16) with a thickness greater than that of an arm portion (16+17) (refer to Paragraph [0013]), as taught by Forsell, in order to easily bend the legs to maintain the tensioned floss when the device is assembled (refer to Paragraph [0014]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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