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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/773,574
`
`01/27/2020
`
`Junichi HOSHINO
`
`083710-2856
`
`6481
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`ELLABIB, MAAP AHMED
`
`4165
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`07/20/2022
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-2 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-2 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)¥] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 1/27/2020 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220706
`
`Application No.
`Applicant(s)
`16/773,574
`HOSHINO, Junichi
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MAAPA ELLABIB
`4165
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1) Responsive to communication(s) filed on 1/27/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/773,574
`Art Unit: 4165
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`Page 2
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`DETAILED ACTION
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`The present application,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
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`Specification
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`1.
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`The disclosure is objected to because of the following informalities:
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`a.
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`On page 16,line 8, “pair” should read as “pairs” for grammatical clarity
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 102
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`2.
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`Inthe event the determination of the status of the application as subject to AIA35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`3.
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`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A personshall be entitled to a patent unless —
`(a)}(1} the claimed invention was patented, describedina printed publication, or in public use, onsale,
`or otherwise available to the public before the effective filing date of the claimed invention.
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`Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kishimoto (JP2005349134
`
`4,
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`A).
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`Regarding claim1, Kishimoto teaches an oral cavity washing device (Figure 1 (1) mouth washer)
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`that washesan oral cavity with a liquid, the oral cavity washing device comprising:
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`a housing (Figure 1 (12) case body); a storage space having a tubular shape and being located in
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`the housing (Figure 1 (2) storage part), the storage space being configured to store the liquid (Figure 1 —
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`(2) storage part (page 7, technical solution, lines 2-4);
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`

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`Application/Control Number: 16/773,574
`Art Unit: 4165
`
`Page 3
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`and a pump housed in the housing to discharge the liquid stored in the storage space Figure 1-
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`(5) liquid pump (page 7, technical solution, 9-11 lines),
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`wherein the housing includes: a peripheral wall section constituting at least part of a peripheral
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`wall of the storage space and having a supply port for supplying the liquid from outside the housing into
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`the storage space (Figure 1- (12b and 15) short cylindrical part and a liquid supply tank respectively
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`(page 9 line 10-11; 17-18); anda lid disposed at one end of the storage space to be able to entirely open
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`and close a largest opening that is larger in area than any other opening in the housing (Figure 1 (15b)
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`tank bottom cover).
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`

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`Application/Control Number: 16/773,574
`Art Unit: 4165
`
`Page 4
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`Claim Rejections - 35 USC § 103
`
`1.
`
`Inthe event the determination of the status of the application as subject to AIA35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and
`
`the rationale supporting the rejection
`
`-
`
`would be the same under either status.
`
`

`

`Application/Control Number: 16/773,574
`Art Unit: 4165
`
`Page5S
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`2.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`3.
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`A patent fora claimed invention may not be obtained, notwithstanding that the claimed invention is not
`
`identically disdosed as set forth insection 102, ifthe differences between the claimed invention andthe prior artare
`
`such that the claimedinvention as a whole would have been obvious before the effective filing date of the claimed
`
`invention to a person having ordinaryskill in the art to which the claimed invention pertains. Patentability shall not be
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`negated by the manner in which the invention was made.
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`4.
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`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
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`103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`5.
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`Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kishimoto
`
`(JP2005349134 A), in the view of Mahawar (US 20180035797 A1).
`
`Regarding Claim 2, Kishimoto teaches the oral cavity washing device (Figure 1 (1) mouth washer)
`
`according to claim 1,
`
`wherein the housing has a bottom, an area of the bottom is identical to a largest area of the
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`housing in plan view (Figure 1 (unlabeled) however, one can interpret that the bottom is 15b (page 9
`
`line 9-10); however, Kishimoto does not teach the largest opening communicating with the storage
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`space accounts for two thirds or more of the bottom.
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`However, Mahawar teaches the largest opening communicating with the storage space
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`accountsfor two thirds or more of the bottom “...providing the oral care device mentioned above;
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`

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`Application/Control Number: 16/773,574
`Art Unit: 4165
`
`Page 6
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`unscrewing the base, thereby uncovering an opening formed at the bottom end leading into the internal
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`compartment(Paragraph [0022]).. (Figure 6 (20) base and (26) cap).” In Mahawar’s device, the base has
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`a hollow body forming a base internal compartment(storage space) and a cap (lid) that mechanically
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`fastened to an upper rim of the base (20) (Paragraph 0018).
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`Kishimoto and Mahawar are both considered to be analogous to the claimedinvention because
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`they arein the same field of oral cavity washer devices and/or dental floss devices. Therefore,it would
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`have been obvious to someone ofordinaryskill in the art before the effective filing date of the claimed
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`invention to have modified Kishimoto to incorporate the teachings of Mahawar and provide the largest
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`opening communicating with the storage space accounts for two thirds or more of the bottom.
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`Conclusion
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`6.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to MAAP AHMED ELLABIB whose telephone number is (571)272-5879. The examiner
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`can normally be reached 8-5.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`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 reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Imani N Hayman can be reached on 571-270-5528. The fax phone number for the organization where
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`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
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`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
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`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
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`

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`Application/Control Number: 16/773,574
`Art Unit: 4165
`
`Page 7
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`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.
`
`/MAAP AHMED ELLABIB/
`Examiner, Art Unit 4165
`/IMANIN HAYMAN/
`Supervisory Patent Examiner, Art Unit 4165
`
`