Mike Molar, a production engineer for Tasty Toothpaste Corp. (Tasty) hit upon a way to make a sanitary, cheap, and small disposable toothbrush.
Mike Molar, a production engineer for Tasty Toothpaste Corp. (Tasty) hit upon a way to make a sanitary, cheap, and small disposable toothbrush. The problem he had been running into was how to keep the toothbrush small while still providing a feature he thought necessary to make it attractive-a built-in supply of toothpaste. The solution: a small reservoir for holding toothpaste in the handle of the toothbrush. Then the user could squeeze the toothpaste from the reservoir to the brush bristles.
He quickly built a prototype of the invention. To build it, he bought a fountain pen, pulled out the ink cartridge and other parts from the interior, tore the bristles off a toothbrush and glued them onto a hollow tube, poked two holes in the top of the tube between two rows of bristles, fitted up a plastic plunger that slid in and out at the back of the fountain pen body, pulled the plunger alI the way out, filled the tube with toothpaste, glued the tube inside the fountain pen body, and pushed the plunger. Voila! Toothpaste came out of the holes more or less onto the bristles, ready for brushing. It worked! He drafted a patent specification that included this passage:
It is one important object of the present invention to provide a portable toothbrush which is easily carried in the pocket and which is thus available whenever it is required for brushing teeth.
The open end of the device includes a reduced section portion which carries the bristles. The cylindrical body shaft includes an interior passage that extends into the reduced section end (i.e., the one with the bristles). The passage includes two termination openings which are in the area at the base of the toothbrush bristles.
An open space for placing toothpaste is provided within the interior passage, and a movable plunger is provided for forcing the toothpaste from this space through the narrow part of the passage and out through the termination openings into the toothpaste bristles for use.
In the preferred embodiment, the body shaft is made of plastic. The invention may be made so as to be disposable. Various means for filling the space with toothpaste are envisioned, including pressure-injection through a small hole in the top of the body, which hole can then be sealed. This would make the toothbrush usable only once; it would then be disposed.
He concluded with the following claim.
1. A pocket toothbrush having an exterior structure resembling a traditional fountain pen case comprising
a. a removable cylindrical end cap cover,
b. a main cylindrical body shaft over at least one end of which said end cap cover fits and having means for engaging the interior of said end cap cover to retain said end cap cover,
c. said cylindrical body shaft having one end which contains toothbrush bristles [the “bristle end”] extending transversely and capable of being confined within said end cap,
d. said cylindrical body shaft including an interior passage extending into said bristle end and having at least one termination opening in the area at the base of said bristles,
e. a movable plunger extending into said cylindrical body shaft in said main cylindrical body shaft,
f. said body shaft including an interior space for the accommodation of a charge of toothpaste to be fed to said bristles by the operation of said movable plunger, said space being at least big enough to hold a charge for a single application of toothpaste.
Once the patent issued, Tasty began selling a disposable, portable toothbrush that garners a loyal following. Soon competitors entered the market. One, KopyCat Industries, Inc. (KCI), began selling a portable toothbrush that included a replaceable toothpaste cartridge so that the brush housing could be reused. The cartridges have a weak plastic closure that easily breaks when the plunger is pushed against the cartridge. This keeps the toothpaste from hardening in the openings to the bristles. Also, instead of a cap, the KCI design has a telescoping retractable cover that remains attached to the non-bristle end of the brush. The cover is collapsed down, the brush used, and then the cover is pulled back into place. The retractable cover is attached very firmly with two tiny screws. The screws can be taken out and the cover removed, but it takes a tiny jeweler screwdriver and is difficult.
Tasty threatens to sue KCI for infringement of the Molar patent. KCI has come to you for advice. Does KCI run a serious risk of being found liable for infringing the Molar patent, either literally or under the doctrine of equivalents? What changes might KCI make in its product to avoid a future infringement action by Tasty?
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