Prosecution Insights
Last updated: April 17, 2026
Application No. 16/269,971

INSTRUMENT FOR FACIAL PERCUSSIVE TREATMENT

Non-Final OA §103§112
Filed
Feb 07, 2019
Examiner
LEDERER, SARAH B
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
7 (Non-Final)
56%
Grant Probability
Moderate
7-8
OA Rounds
3y 3m
To Grant
94%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
78 granted / 140 resolved
-14.3% vs TC avg
Strong +38% interview lift
Without
With
+38.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
54 currently pending
Career history
194
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
49.2%
+9.2% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 140 resolved cases

Office Action

§103 §112
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 . Response to Amendment The amendments filed 9/16/2025 have been entered. Accordingly, claims 1, 3-4, 7, 9-23 are currently pending in the application. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 3-4, 7, 9-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claims 15 and 22, and thus their dependent claims, 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. Regarding claim 15, claim 15 recites the limitation “the second end of the securement portion” in line 12, however neither a first or second end of the securement portion has been defined by the claim. Rather, only a first and second end of the attachment member has been defined, with the securement portion being disposed at the first end of the attachment member. Therefore, there is insufficient antecedent basis for this limitation in the claim. Regarding claim 22, claim 22 recites the limitation of “wherein the attachment member has a cylindrical transition portion between the first end and the second end, wherein the cylindrical transition section.” Therefore, this claim seems to be missing further limitations/language regarding the cylindrical transition section. 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 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. Claims 1, 3-4,7, 17-18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Li Fu-An (CN 2179126Y) over Lyu (US 2012/0143081 A1) and in further view of Carmien (US 5,996,442), Dart (US 4,440,206), and in further view of Kinne (4,831,901). Regarding claim 1, Li Fu-An discloses a device for treating sinus congestion (hammer-like device to be used for various forms of massaging the human body, Figure 1 and Page 6), the device comprising: a handle having a longitudinal axis extending from a first end to a second end (hammer rod 2 extending from hammer head to hammer tail, Figures 1, 2 and Page 5); a head at the first end of the handle (hammer head body 1C atop first end of rod 2, Figure 1), the head having a longitudinal axis extending from a first end to a second end and being perpendicular to a longitudinal axis of the handle (see longitudinal axis extending from first end to second end of hammer head body 1C indicated by the dashed line shown in Figure 1, being perpendicular to the axis of hammer rod 2, Figure 1), the first end of the head terminating with a recess (first end of hammer head body 1C terminates with a concave-bowl shaped suction head 1B, Figure 1 and Page 4), wherein the head is formed from a rubber material (hammer head made from a flexible rubber material, Abstract); and, a cap secured to the second end of the handle (sealing cap 3E fixed to end of hammer rod 2, Figure 2 and Page 4). Although Li Fu-An discloses a cap secured to the second end of the handle, Li Fu-An does not specifically state the cap secured on the second end of the handle being metal. However, Lyu teaches a massaging device comprising both a head and handle (abstract and Figure 1) further comprising an extending protrusion on the second end of the handle (protrusion 5, Figure 1) that is made from metal (device is made from 99.9% pure silver, Paragraph 0029 and abstract). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the cap of Li Fu-An’s device to be made from a metal material such as silver, as taught by Lyu, as using a metal with a high electrical conductivity better promotes stimulation of various pressure pain points on the body (Paragraph 0012 of Lyu). Additionally, although Li Fu-An’s device teaches a cap secured to the second end of the handle, Li Fu-An is silent on the cap including a threaded shaft received in a threaded bore in the handle, such that the rotation of an outer surface of the cap relative to the handle removes the cap from the handle. However, Kinne teaches a hammer device (Abstract and Figure 1) comprising a handle (handle 20, Figure 1) and a cap secured on the second end of the handle (cap 36 secured to second end of handle 20, Figure 3) wherein the cap includes a threaded shaft and is received in a threaded bore of the handle, such that rotation of the cap relative to the handle removes the cap from the handle (see threaded shaft 26 of cap 36, received into threaded bore 28 of handle 20, Figure 3). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the cap of Li Fu-An’s device by having the connection mechanism between the cap and the handle be a threaded shaft and bore connection, as taught by Kinne, as such a threaded connection between the cap and the handle would provide an alternative means of securing the two components together, allowing for easy removal and reinstallation when needed, such as when the device needs to be cleaned and/or the cap needs to be replaced. Additionally, although Li Fu-An’s device appears to join the handle to the head via a threaded connection disposed within the head (see Figure 1 in which first end of handle 2 is inserted into head and appears to have a threaded surface), Li Fu-An is silent wherein the head is removably secured to the handle via an attachment member having a threaded shaft at first end and a securement portion with a rough surface at a second end, wherein the threaded shaft extends into the handle such that the attachment member is configured to be entirely disposed within the handle and the head and the securement portion is surrounded by the head, and wherein the rough surface of the attachment member contacts and grips the head. However, Carmien teaches a hand tool having an interchangeable and replaceable striking head (Abstract and Figure 1) via an attachment member having a threaded shaft at a first end and a securement portion at a second end (connecting stud 30 includes a lower threaded portion 34 and an intermediate body portion 36, Figure 1) wherein the threaded shaft extends into the handle such that the attachment member is configured to be entirely disposed within the handle and the head (lower portion 34 extends into handle 28 such that the entire connecting stud 30 is entirely disposed within the handle 28 and the head 24 when assembled as shown in Figures 2 and 12), and the securement portion is surrounded by the head (intermediate portion 36 of connecting stud 30 is completely surrounded by the head 24 when assembled, Figures 2 and 12) and wherein the attachment member contacts and grips the head (the shoulder 38 of intermediate portion 36 of connecting stud 30 engages a lower surface of the lands 52, the lands 52 being a part of the tool head body 44, Col 5. Lines 50-55; therefore, the intermediate portion 36 engages with the head). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to further modify Li Fu-An’s device to include an attachment member entirely disposed within the handle and the head, as taught by Carmien, as this would provide an alternative means of securing the handle to the head, while also providing the user with an effective means of disassembling and reassembling the head from the handle, as required, such as when the head needs replacement or cleaning between use. Although Carmien teaches an attachment member with a securement portion at a second end that contacts and grips the head via surface engagement (“the connecting stud flanges and the tool head lands have complementary surface contours which prevent rotation of the handle relative to the tool head”, Col. 3 lines 1-5), Carmien doesn’t explicitly state the securement portion having a rough surface. However, Dart teaches a similar hammer configuration in which the tool head is removeable from the handle (Abstract and Figure 2) via an attachment member (coupling means 20, Figure 2) in which the securement portion has a rough surface (coupling means 20 in the form of conventional screw threads, engage with mating threads 22 in a bore within the hammer head 18, therefore contacting and gripping the head, Col. 2 lines 60-66; the Examiner notes that a conventional threaded surface would read on the limitation of a “rough surface”, as Paragraph 0027 of Applicant’s specification describes “rough surface” as being any “coarse, non-smooth texture surface”). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to further modify the device of Li Fu-An in view of Lyu and Carmien to include a rough surface on the securement portion of the attachment member, as taught by Dart, as providing a rough or textured surface at the junction of the attachment member and the head may aide in facilitating a firm attachment between the two components as a textured surface would increase the contact surface between the components. Regarding claim 3, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Li Fu-An further teaching wherein the recess has a hemispherical shape (first end of hammer head body 1C terminates with a concave-bowl shaped suction head 1B, Figure 1 and Page 4). Regarding claim 4, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Li Fu-An further teaching the head having a cylindrical shape (hammer head body 1C is a rotary body, Page 5 and Figure 1). Regarding claim 7, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Li Fu-An further teaching wherein the second end of the head comprises a convex hemispherical shape (see other end of hammer head body 1C comprising a spherical striking head 1A, Page 4 and Figure 1). Regarding claim 17, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Kinne further teaching wherein the outer surface of the metal cap comprises a knurled surface (see outer surface of cap having a knurled surface and/or raised projections, Figure 3). Regarding claim 18, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Kinne further teaching wherein the second end of the handle is tapered, in a direction away from the second end, with an increasing diameter (see Figure 1 showing handle 40 tapered on both ends, with the second end tapered away from the first end with increased diameter). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Lu Fu-An’s device to have a tapered handle on both ends of the handle, as a tapered handle on both ends is a common hammer handle configuration well known in the art and may provide a more ergonomic gripping structure for the user. Regarding claim 20, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Carmien further teaching wherein the second end of the attachment member is entirely disposed within the handle and the head and an entirety of the rough surface is surrounded by the head (intermediate portion 36 of connecting stud 30 is completely surrounded by the head 24 when assembled, Figures 2 and 12). Regarding claim 21, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Carmien further teaching wherein a diameter of the second end of the attachment member is greater than a diameter of the first end of the attachment member (see intermediate portion 36 of connecting stud 30 having a larger diameter than end 34, Figure 1). Regarding claim 22, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, with Carmien further teaching wherein the attachment member has a cylindrical transition portion between the first end and the second end, wherein the cylindrical transition section (the Examiner notes the 112b rejection presented above; Carmien’s intermediate portion 35 of connecting stud 30 is cylindrical, Figures 1-2). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Li Fu-An (CN 2179126Y) over Lyu (US 2012/0143081 A1) and in further view of Carmien (US 5,996,442), Dart (US 4,440,206), Kinne (4,831,901), and in further view of Meersteiner (US 2183243 A). Regarding claim 19, Li Fu-An in view of Lyu, Carmien, Dart and Kinne teach the device of claim 1, and although Dart teaches a rough surface (coupling means 20 in the form of convention screw threads, engage with mating threads 22 in a bore within the hammer head 18, therefore contacting and gripping the head, Col. 2 lines 60-66; the Examiner notes that a conventional threaded surface would read on the limitation of a “rough surface”, as Paragraph 0027 of Applicant’s specification describes “rough surface” as being any “coarse, non-smooth texture surface”), Li Fu-An in view of Lyu, Carmien, Dart and Kinne are silent wherein the rough surfaces comprises a plurality of pyramid projections. However, Meersteiner teaches a fastening device (Figure 1) comprising a rough surface comprising a plurality of pyramid projections (teeth 1 are preferably pyramids, Col. 1 lines 42-45 and Figure 1). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the device of Li Fu-An in view of Lyu, Carmien, Dart and Kinne by having the rough surface of the attachment member have pyramid projections, as opposed to a threaded surface, as taught by Meersteiner, as providing pyramid projections as opposed to a traditional threaded surface may further enhance the securement between the two components, as the pyramid projections provide engagement regardless of how the attachment member is inserted, whether by rotational or axial drive (Col. 1 lines 50-55 of Meersteiner). Claims 9-14 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Li Fu-An (CN 2179126Y) over Lyu (US 2012/0143081 A1), Kinne (4,831,901) and in further view of Carmien (5,996,442). Regarding claim 9, Li Fu-An teaches a device for treating sinus congestion (hammer-like device to be used for various forms of massaging the human body, Figure 1 and Page 6), the device comprising: a handle having a longitudinal axis extending from a first end to a second end (hammer rod 2 extending from hammer head to hammer tail, Figures 1, 2 and Page 5), the handle being tapered at the second end (second end of hammer rod 2 terminates in a truncated cone shape, Page 6 and Figure 4); the head having a longitudinal axis extending from a first end to a second end and being perpendicular to a longitudinal axis of the handle (see longitudinal axis extending from first end to second end of hammer head body 1C indicated by the dashed line shown in Figure 1, being perpendicular to the axis of hammer rod 2, Figure 1), the first end of the head terminating with a concave recess (first end of hammer head body 1C terminates with a concave-bowl shaped suction head 1B, Figure 1 and Page 4); and a cap secured to the second end of the handle (sealing cap 3E fixed to end of hammer rod 2, Figure 2 and Page 4). However, although Li Fu-An’s device teaches the handle being tapered on the second end (Figure 4), it is unclear whether or not the handle is tapered at the first end and at the second end, wherein the second end of the handle is tapered, in a direct away from the first end, with an increasing diameter. However, Kinne teaches a hammer device in which both the first end and second end of the handle is tapered (see Figure 1 showing handle 40 tapered on both ends, with the second end tapered away from the first end with increased diameter). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Lu Fu-An’s device to have a tapered handle on both ends of the handle, as a tapered handle on both ends is a common hammer handle configuration well known in the art and may provide a more ergonomic gripping structure for the user. Additionally, although Li Fu-An’s device appears to join the handle to the head via a threaded connection disposed within the head (see Figure 1 in which first end of handle 2 is inserted into head an appears to have a threaded surface), Li Fu-An is silent on an attachment member having a securement portion surrounded by and embedded in the head and having a threaded shaft for removably securing the head to the handle wherein the threaded shaft extends into the handle such that the attachment member is configured to be entirely disposed within the handle and the head. However, Carmien teaches a hand tool having an interchangeable and replaceable striking head (Abstract and Figure 1) via an attachment member having a threaded shaft at a first end and a securement portion at a second end (connecting stud 30 includes a lower threaded portion 34 and an intermediate body portion 36, Figure 1) wherein the threaded shaft extends into the handle such that the attachment member is configured to be entirely disposed within the handle and the head (lower portion 34 extends into handle 28 such that the entire connecting stud 30 is entirely disposed within the handle 28 and the head 24 when assembled as shown in Figures 2 and 12), and the securement portion is surrounded by and embedded in the head (intermediate portion 36 of connecting stud 30 is completely surrounded by the head 24 when assembled, Figures 2 and 12) and wherein the attachment member contacts and grips the head (the shoulder 38 of intermediate portion 36 of connecting stud 30 engages a lower surface of the lands 52, the lands 52 being a part of the tool head body 44, Col 5. Lines 50-55; therefore, the intermediate portion 36 engages with the head). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to further modify Li Fu-An’s device to include an attachment member entirely disposed within the handle and the head, as taught by Carmien, as this would provide an alternative means of securing the handle to the head, while also providing the user with an effective means of disassembling and reassembling the head from the handle, as required, such as when the head needs replacement or cleaning between use. Additionally, although Li Fu-An discloses a cap secured to the second end of the handle, Li Fu-An does not specifically state the cap secured on the second end of the handle being a different material from the material of the head. However, Lyu teaches a massaging device comprising both a head and handle (abstract and Figure 1) further comprising an extending protrusion on the second end of the handle (protrusion 5, Figure 1) that is made from metal (device is made from 99.9% pure silver, Paragraph 0029 and abstract). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the cap of Li Fu-An’s device to be made from a different material than the head, such as silver, as taught by Lyu, as using a metal with a high electrical conductivity better promotes stimulation of various pressure pain points on the body (Paragraph 0012 of Lyu). Regarding claim 10, Li Fu-An in view of Lyu, Kinne and Carmien teach the device of claim 9, with Lyu further teaching the cap being metal (whole device comprising end cap protrusion 5 is made from pure silver, abstract and Figure 1). Regarding claim 11, Li Fu-An in view of Lyu, Kinne and Carmien teach the device of claim 10, with Li Fu-An further teaching the head comprising a rubber material (hammer head made from a flexible rubber material, Abstract). Regarding claim 12, Li Fu-An in view of Lyu, Kinne and Carmien the device of claim 9, with Li Fu-An further teaching wherein the second end of the head comprises a convex hemispherical shape (see end of hammer head body 1C comprising a spherical striking head 1A, Page 4 and Figure 1). Regarding claim 13, Li Fu-An in view of Lyu, Kinne and Carmien teach the device of claim 9, with Li Fu-An further teaching wherein the recess has a hemispherical shape (first end of hammer head body 1C terminates with a concave-bowl shaped suction head 1B, Figure 1 and Page 4). Regarding claim 14, Li Fu-An in view of Lyu, Kinne and Carmien teach the device of claim 13, with Li Fu-An further teaching wherein the head has a cylindrical shape (hammer head body 1C is a rotary body, Page 5 and Figure 1). Regarding claim 23, Li Fu-An in view of Lyu, Kinne and Carmien teach the device of claim 9, with Kinne further teaching wherein the outer surface of the cap comprises a knurled surface (see outer surface of cap having a knurled surface and/or raised projections, Figure 3). Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li Fu-An (CN 2179126Y) over Lyu (US 2012/0143081 A1), Kinne (4,831,901) and in further view of Weck (US 2017/0095689 A1). Regarding claim 15, Li Fu-An teaches a device for treating sinus congestion (hammer-like device to be used for various forms of massaging the human body, Figure 1 and Page 6), the device comprising: a handle having a longitudinal axis extending from a first end to a second end (hammer rod 2 extending from hammer head to hammer tail, Figures 1, 2 and Page 5); a rubber head (hammer head made from a flexible rubber material, Abstract) the head having a longitudinal axis extending from a first end to a second end and being perpendicular to a longitudinal axis of the handle (see longitudinal axis extending from first end to second end of hammer head body 1C indicated by the dashed line shown in Figure 1, being perpendicular to the axis of hammer rod 2, Figure 1), the first end of the head terminating with a concave recess (first end of hammer head body 1C terminates with a concave-bowl shaped suction head 1B, Figure 1 and Page 4) and the second end of the head forming a convex hemispherical shape (see other end of hammer head body 1C comprising a spherical striking head 1A, Page 4 and Figure 1); and a cap secured to the second end of the handle (sealing cap 3E fixed to end of hammer rod 2, Figure 2 and Page 4). However, Li Fu-An is silent on the handle having a first and second threaded apertures, the head being removably secured at the first end of the handle, an attachment member having a securement portion at a first end and a threaded shaft at a second end opposite the first end of the attachment member for removably securing the head to the first threaded aperture of the handle, the second end of the securement portion embedded in and entirely surrounded by, the head, and wherein the securement portion has a diameter and the threaded shaft has a diameter that is smaller than the diameter of the securement portion; and a metal cap being secured to a second threaded aperture of the handle. However, Weck discloses a massaging device (Abstract and Figure 1) comprising a handle (handle 14, Paragraph 0070 and Figure 11) removably secured to a head (see head 16 removably secured to handle 14, Figure 11 and Paragraph 0070) wherein the first end of the handle comprises a threaded aperture (threaded orifice 66 of handle 14, Paragraph 0082 and Figure 11), further teaching an attachment member having a securement portion at a first end (see annotated Figure 11 below) and a threaded shaft at a second end opposite the first end (see threaded shaft 64, Figure 11) for removably securing the head to the first threaded aperture of the handle (threaded shaft 64 of attachment member allows for the head 16 to be removably secured to handle 14, Figure 11 and Paragraph 82) the second end of the securement portion embedded in and entirely surrounded by, the head (see 112b rejection above regarding this limitation, the Examiner is interpreting this limitation to mean to portion of the securement portion that is connected to the head, as shown in Figure 11) wherein the securement portion has a diameter and the threaded shaft has a diameter that is smaller than the diameter of the securement portion (see annotated Figure 11 below, showing threaded shaft portion having a diameter smaller than the securement portion). PNG media_image1.png 724 556 media_image1.png Greyscale Annotated Figure 11 Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Li Fu-An’s device by including an attachment member comprising a threaded shaft, to thereby engage with a first threaded aperture of the handle, to thereby allow the head to be removed from the handle, as taught by Weck, as such an arrangement would provide an alternative means of securing the handle to the head, while also providing the user with an effective means of disassembling and reassembling the head from the handle, as required, such as when the head needs replacement or cleaning between use. Regarding the cap being secured to a second threaded aperture of the handle, Kinne teaches a hammer device (Abstract and Figure 1) comprising a handle (handle 20, Figure 1) and a cap secured on the second end of the handle (cap 36 secured to second end of handle 20, Figure 3) wherein the cap includes a threaded shaft and is received in a threaded bore of the handle on a second end of the handle, such that rotation of the cap relative to the handle removes the cap from the handle (see threaded shaft 26 of cap 36, received into threaded bore 28 of handle 20, Figure 3). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the cap of Li Fu-An’s device by having the connection mechanism between the cap and the handle be a threaded shaft and bore connection, as taught by Kinne, as such a threaded connection between the cap and the handle would provide an alternative means of securing the two components together, allowing for easy removal and reinstallation when needed, such as when the device needs to be cleaned and/or the cap needs to be replaced. Regarding the cap being metal, Lyu teaches a massaging device comprising both a head and handle (abstract and Figure 1) further comprising an extending protrusion on the second end of the handle (protrusion 5, Figure 1) that is made from metal (device is made from 99.9% pure silver, Paragraph 0029 and abstract). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the cap of Li Fu-An’s device to be made from a different material than the head, such as silver, as taught by Lyu, as using a metal with a high electrical conductivity better promotes stimulation of various pressure pain points on the body (Paragraph 0012 of Lyu). Regarding claim 16, Li Fu-An in view of Lyu, Kinne and Weck teach the device of claim 15, with Li Fu-An further teaching the handle being tapered (second end of hammer rod 2 terminates in a truncated cone shape, Page 6 and Figure 4). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a 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 reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SARAH B LEDERER/Examiner, Art Unit 3785 /MARGARET M LUARCA/Primary Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Feb 07, 2019
Application Filed
Nov 19, 2021
Non-Final Rejection — §103, §112
Feb 22, 2022
Applicant Interview (Telephonic)
Feb 22, 2022
Examiner Interview Summary
Feb 24, 2022
Response Filed
Apr 21, 2022
Final Rejection — §103, §112
Jun 10, 2022
Response after Non-Final Action
Jun 22, 2022
Response after Non-Final Action
Jul 06, 2022
Request for Continued Examination
Jul 12, 2022
Response after Non-Final Action
Jul 20, 2022
Non-Final Rejection — §103, §112
Oct 26, 2022
Response Filed
Jan 17, 2023
Final Rejection — §103, §112
Feb 16, 2023
Response after Non-Final Action
Mar 06, 2023
Response after Non-Final Action
Mar 14, 2023
Request for Continued Examination
Mar 21, 2023
Response after Non-Final Action
May 18, 2023
Non-Final Rejection — §103, §112
Jul 27, 2023
Response Filed
Oct 04, 2023
Final Rejection — §103, §112
Jan 11, 2024
Response after Non-Final Action
Jan 11, 2024
Notice of Allowance
Feb 07, 2024
Response after Non-Final Action
Mar 13, 2024
Response after Non-Final Action
Mar 19, 2024
Response after Non-Final Action
May 24, 2024
Response after Non-Final Action
Jul 30, 2024
Response after Non-Final Action
Aug 08, 2024
Response after Non-Final Action
Aug 09, 2024
Response after Non-Final Action
Aug 09, 2024
Response after Non-Final Action
Jul 15, 2025
Response after Non-Final Action
Sep 16, 2025
Request for Continued Examination
Sep 30, 2025
Response after Non-Final Action
Oct 27, 2025
Non-Final Rejection — §103, §112
Apr 01, 2026
Examiner Interview Summary
Apr 01, 2026
Applicant Interview (Telephonic)
Apr 03, 2026
Response Filed

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
56%
Grant Probability
94%
With Interview (+38.2%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 140 resolved cases by this examiner. Grant probability derived from career allow rate.

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