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
This office action is in response to the amendment filed on 08/29/2025. Per the amendment, claim 1 is amended; claims 3-5, 9, 11-13, and 16 are as previously presented; and claims 2, 6-8, 10, 14-15, and 17-33 are canceled. As such, claims 1, 3-5, 9, 11-13, and 16 are pending in the instant application.
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.
Claims 1, 3-4, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shockley et al. (US PGPub 2016/0095782), hereinafter Shockley, in view of Cutler et al. (US Patent No. 6,039,702 A), hereinafter Cutler, further in view of Thiel et al. (US PGPub 20180258882), hereinafter Thiel, further in view of Cottrell (US PGPub 2016/0095788), further in view of Lam (US PGPub 20200154862) and further in view of Kim (KR 20090028182 A).
Regarding claim 1, Shockley teaches a massaging apparatus system (see abstract and Fig. 11) with a convenient replaceable control circuit (Fig. 11, 650; see paragraph 96, control unit is replaceable with ‘convenient’ being a subjective term), comprising,
a body (Fig. 1, 600) having first and second shoulder straps (see Fig. 1, showing two shoulder straps, the shoulder straps are secured to the user with fasteners 130);
at least two massage heads (see Fig. 5, oscillators 110; see paragraph 56, there are at least two oscillators);
a control circuit (Fig. 11, 650); and
a substantially closed storage space having at least one exit (see paragraph 96, controller placed within the container so it has at least one exit), wherein the control circuit is stored in the substantially closed storage space (see paragraph 96; see also Figs. 11 and 24; controller 650 may be placed in a container that is attached to the vest);
a function control board in communication with the control circuit (see paragraph 63, a touchpad may be used to input controls to the control circuit, a touchpad being a board used to control the functions of the device),
wherein the control circuit has at least two massage head cables respectively connecting the at least two massage heads to the control circuit (Fig. 11, cable 670 connects the controller to the massage heads of the oscillators, each oscillator having its own cable);
wherein the at least two massage cables pass through the at least one exit of the substantially closed storage space (see paragraph 104 and Fig. 11, with the controller in a container, the cable exits through the container);
said massaging apparatus system further comprising at least two massage head fast connectors which respectively connect and disconnect the control circuit and the at least two massage heads (see paragraph 104 and Fig. 11 the cables are easily connected/disconnected, being “fast connectors”) for replacement of at least one of the control circuit and one or more of the at least two massage heads (see paragraphs 96, 104, and 106 the massage heads and/or controllers are housed within containers that are designed to be disposable. The claimed massage heads are analogous to the oscillators 110 of Shockley, also referred to as “engines.” The couplings 670 between the cable and the massage head allow the massage head to be disconnected. Since the massage heads can be disconnected and Shockley teaches that they are designed to be disposable, Shockley teaches fast connectors fully capable of performing the function of being designed to replace at least one of the control circuit and massage head. Further, Shockley explicitly states “the plurality of engines are disposable,” and, as such, are able to be replaced);
wherein said function control board is configured to control functions of the at least two massage heads wherein said functions include on/off and intensity (see paragraph 63, the control unit and the touchpad can control intensity of the massage and on/off of the device);
wherein the body further comprises a power source storage space and a power source located in the power source storage space (see Fig. 11, battery 660; see paragraph 96, battery may be held in container attached to the vest), and the power source is connected to the control circuit by a power source cable (see Fig. 1 and paragraph 67, a cable extends from the battery to the control circuit) that extends through the body from the substantially storage space to the power source storage space (see paragraph 96 and figs. 1 and 24, “Containers may also be used for batteries and/or controllers.” As a cable connects the battery to the controller, when the battery is in a container, the cable is extending from the storage space holding the controller, through the body, and to the container with the battery).
Shockley does not teach wherein said function control board is configured to control functions of the at least two massage heads wherein said functions include each of a type of massage, on/off, intensity, heat, and time of activation.
However, Cutler teaches an analogous massage device (see Abstract and Fig. 1) wherein said function control board is configured to control functions of the at least two massage heads (MCU 110; col. 7, lines 55-57; col. 11, lines 58-60) wherein said functions include each of a type of massage (col. 6, lines 8-11, where said buttons communicate with MCU 110), on/off (col. 4, lines 60-61, where said buttons communicate with MCU 110), intensity (col. 6, lines 3-7, where said buttons communicate with MCU 110), heat (col. 6, lines 19-21, where said buttons communicate with MCU 110), and time of activation (col. 6, lines 12-18, where said buttons communicate with MCU 110). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the control board of Shockley to control the type of massage, on/off power function, intensity of massage, heat, and time of activation, as taught by Cutler, to provide a personalized massage treatment as desired by the user.
Shockley further does not teach wherein the function control board is located in one of the first and second shoulder straps and is connected to the control circuit by a function control cable that extends from the control circuit within the substantially closed storage space through said one of the first and second should straps to the function control board.
However, Cottrell teaches an analogous wearable massage device (see Abstract and Fig. 1) wherein the function control board (Fig. 1, 88; see paragraph 21) is located in the shoulder strap (see paragraph 21 and Fig. 1, control board 88 located in should strap). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the control board of Shockley such that it is located in the shoulder strap, as taught by Cottrell, for the purpose of placing the control board in a convenient location for the user to access. Further, the placement of the control board in the shoulder strap would be an obvious matter of design choice and the rearrangement of parts would not modify the operation of the device of Shockley (see MPEP 2144.VI.C). Shockley, as modified by Cottrell teaches wherein the function control board is connected by a function control cable that extends from the control circuit within the substantially closed storage space (see Figs. 1 and 11 of Shockley, a cable connected to the control circuit extends from the storage space that houses the control circuit).
Shockley further does not teach a substantially rigid material under the function control board within said one of the first and second shoulder straps, wherein said substantially rigid material under the function control board adds stability to the function control board within said one of the first and second shoulder straps.
However, Theil teaches an analogous wearable vest (see Fig. 8) with storage spaces for components (see paragraph 2; see Fig. 8, pouch 110) wherein a substantially rigid material is placed under the electrical component (see Fig 17A; see also paragraphs 162 and 164; the housing for the wearable pouch includes a first substrate that is made of rigid material; see paragraph 166, the substrate can be on the first and second side of the pouch, since the electrical component is in the pouch the material is under the electrical component). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the housing for the function control board located in one of the first and second shoulder straps of the modified Shockley to include a substantially rigid material, as taught by Theil, for the purpose of housing an electronic component in pouch that keeps its shape and shields the user from the heat of the component (see paragraphs 162 and 164 of Theil, the configuration of Theil is intended to dissipate heat from the component, the rigidity of the material used in the layers inherently provides structure to keep the pouch’s shape). The substantially rigid material adds stability to the function control board by being rigid.
Shockley, as modified, does not explicitly teach wherein the function control board is connected by a function control cable that extends from the control circuit within the substantially closed storage space through said one of the first and second should straps to the function control board.
However, Lam teaches an analogous wearable device (Abstract and Fig. 1) wherein a peripheral electronic device (Fig. 1, 104; see paragraphs 22-23) is connected by a function control cable (Fig. 3, cable 300, see paragraph 31) that extends from the control circuit within the substantially closed storage space (see Figs. 1 and 2, the cable extends from PC 102 within a storage space, see paragraph 22) through said one of the first and second should straps to the peripheral electronic device (see Figs. 1 and 3, the cable goes through one of the straps to connect to the peripheral device). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the function control device of Shockley to be connected to the control circuit via a function control cable that goes through one of the straps for the purpose of having a secure, reliable connection between the two components and fur the purpose of keeping the cable out of the user’s way.
Shockley does not explicitly teach wherein each of the at least two massage head fast connectors has a female end and a male end, wherein openings of the female end are configured to receive pins of the male end.
However, Kim teaches an analogous massage device (see first paragraph of the description in the provided translation and Fig. 1), wherein a fast connector connects and disconnects the controller (Fig. 12, 500) and massage pad (450, 560, 470, 480; Figs. 13a and 13b; pg. 10, lines 6-10, see provided translation), wherein the fast connector has a female end (305, see Figs. 2, 11a, and 11b) and a male end (400, see Figs. 2, 11a, and 11b), wherein openings of the female end are configured to receive pins of the male end (see Figs. 11a and 11b). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify each of the fast connectors of Shockley to have openings of a female end that receives pins of a male end, as taught by Kim, as this type of electrical connection is well known in the art to connect electrical components.
Shockley further does not teach wherein the function control board comprises at least one fast connector located proximate the control circuit to connect and disconnect the function control board located in said one of the first and second shoulder straps and the control circuit.
However, Shockley teaches using cables with at least one fast connector to connect and disconnect the massage heads to the control circuit (see paragraph 104 and Fig. 11m the cables are easily connected/disconnected, being “fast connectors”). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the function control board cable to have at least one fast connector to connect and disconnect the function control board and the control circuit so that the cable can be easily removed between the components and allow replacement of either components. The term “proximate” is relative and does not require the fast connector be a certain distance from the control circuit.
Regarding claim 3, Shockley, as modified, teaches all previous elements of the claim as stated above. While Shockley, as modified, does teach at least one exit to connect the function control cable to the function control board and at least one exit for each massage head cable (see Fig. 11), Shockley, as modified, does not explicitly disclose wherein the at least one exit of the substantially closed storage space comprises a first and second exits, and wherein said function control cable goes through said first exit and at least one of the massage cables goes through the second exit.
However, Theil teaches an analogous wearable vest (see Fig. 8) with a storage space for components (see paragraph 2; see Fig. 8, pouch 110) wherein the substantially closed storage space comprises a second exit (fig. 2, 120), and the cable goes through the second exit (see Fig.2, cable 152 goes through second exit 120; see paragraph 25). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, for the closed storage space of Shockley to have multiple exits and at least a second exit for at least one of the massage cables, as taught by Theil, for the purpose of allowing the cable to connect to the controller through the container while still having the container closed, protecting the controller from the elements.
Regarding claim 4, Shockley as modified teaches the invention as set forth in claim 3, wherein the first and second exits of the substantially closed storage space comprises respective fasteners to close respective first and second exits (see paragraph 96, zipper or closure flap used to close the opening, as modified, Shockley has multiple openings).
Regarding claim 12, Shockley as modified teaches the invention as set forth in claim 1, wherein the at least two massage heads are respectively removably located in respective substantially closed massage head storage spaces comprising respective exits for the at least two massage head cables to respectively pass through (see paragraph 96; see also Fig. 24 showing the massage heads in containers and cables connected therethrough, there are at least two additional closed storage spaces. The cables exit through exits.), whereby said at least two massage heads can be replaced by respective removal of the at least two massage heads from the at least two substantially closed massage head storage spaces (see paragraph 96, “the containers may be disposable, for example, for the purpose of controlling infection (e.g., after use discard the containers and reuse the engine)”).
Regarding claim 16, Shockley as modified teaches the invention as set forth in claim 12, wherein the substantially closed storage space in which the control circuit is located is provided as part of a detachable panel of the body (see paragraph 96; see also Fig. 11 and 25; the containers may be attached via hook and loop to the vest body).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shockley et al. (US PGPub 2016/0095782), hereinafter Shockley, in view of Kim (KR 20090028182 A), further in view of Thiel et al. (US PGPub 20180258882), hereinafter Thiel, further in view of Cottrell (US PGPub 2016/0095788), further in view of Lam (US PGPub 20200154862) and further in view of Cutler et al. (US Patent No. 6,039,702 A), hereinafter Cutler, as applied to claim 1 above, and further in view of Lamarque (US PGPub 2006/0218692).
Regarding claim 5, Shockley, as modified, teaches all previous elements of the claim as stated above. Shockley does not teach wherein the substantially closed storage space opening be made by elastic material.
However, Lamarque teaches an analogous wearable therapeutic device (see abstract and Fig. 1) with substantially closed storage spaces for components (see Fig. 1, pockets 28-36; see paragraph 23) wherein the openings are made by elastic material (see paragraph 11). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the storage space of Shockley to have elastic openings, as taught by Lamarque, for the purpose of allowing the user to easily open and close the space to remove the device (see paragraph 11 of Lamarque).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shockley et al. (US PGPub 2016/0095782), hereinafter Shockley, in view of Kim (KR 20090028182 A), further in view of Thiel et al. (US PGPub 20180258882), hereinafter Thiel, further in view of Cottrell (US PGPub 2016/0095788), further in view of Lam (US PGPub 20200154862) and further in view of Cutler et al. (US Patent No. 6,039,702 A), hereinafter Cutler, as applied to claim 1 above, and further in view of Lewis Jr. et al. (US PGPub 2016/0136462), hereinafter Lewis.
Regarding claim 9, Shockley, as modified, teaches all previous elements of the claim as stated above. Shockley does not teach wherein the at least two massage head cables fork, the function control board cable, and the power source cable are combined in a single cable that forks to form the at least two massage head cables, a power source cable, and the function control board cable.
However, Lewis an analogous wearable therapeutic device with multiple components (see abstract and Fig. 1) wherein the cable forks to at least two cables to connect with the control circuit and the therapeutic components (see Fig. 7; see paragraph 79). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the cable of Shockley to fork to at least two cables to connect the power source, function control board cable, and massage components, as taught by Lewis, for the purpose of allowing a single cable to connect to multiple components from the controller in order to minimize the number of cables coming from the controller (see paragraph 79 of Lewis). As modified, the cable would connect to the massage heads, power source, and control board of Shockley as those components are part of the system taught by Shockley.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shockley et al. (US PGPub 2016/0095782), hereinafter Shockley, in view of Kim (KR 20090028182 A), further in view of Thiel et al. (US PGPub 20180258882), hereinafter Thiel, further in view of Cottrell (US PGPub 2016/0095788), further in view of Lam (US PGPub 20200154862) and further in view of Cutler et al. (US Patent No. 6,039,702 A), hereinafter Cutler, as applied to claims 1 and 12 above, and further in view of Harrison (US PGPub 2018/0214340).
Regarding claim 11, Shockley, as modified, teaches all previous elements of the claim as stated above. While Shockley, as modified, does teach a power source cable to electrically coupled a power source and a control circuit (see Fig. 1 of Shockley and paragraph 67, as shown in the figure and described in paragraph 67, the battery is electrically coupled to the controller), Shockley, as modified, does not explicitly teach wherein the power source cable has at least one fast connector that connects and disconnects to the power source and the control circuit.
However, Harrison teaches an analogous massage device (Abstract and Fig. 1b) wherein a cable has a fast connector that connects and disconnects the system to a power source (see Fig. 1b and paragraph 65; the massage element 160 has a female connector on one end that connects to a power source). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the cable of Shockley to have a fast connector to connect to the power source, as taught by Harrison, for the purpose of using a known type of connection that accomplishes the function of providing power (see paragraph 65 of Harrison).
Regarding claim 13, Shockley as modified teaches the invention as set forth in claim 12, wherein all said cables connected to the control circuit can be disconnected from the control circuit proximate the control circuit to disconnect the control circuit and remove the control circuit from the substantially closed storage space for the replacement of the control circuit (see Shockley paragraph 104; see Thiel paragraph 26 and Fig. 2, the ends of the cables are disconnect-able to allow replacement of the unit within. Each massage head and the remote control can be disconnected from the control circuit).
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
On page 6 of Remarks (filed 08/29/2025), Applicant argues Duboff (US Patent Publication 2003/0221238), either alone or in combination with the other references of record presented in the Office Action mailed 05/29/2025, fails to disclose, teach, or render obvious a female end of a fast connector with a plurality of openings and a male end of a fast connector with a plurality of pins. While the Examiner agrees Duboff does not teach a female end of a fast connector with a plurality of openings and a male end of a fast connector with a plurality of pins, Applicant’s specification recites “a plural term may include its singular form” ([0025], line 14 of PGPub US 2021/0137784 A1); hence the limitation “wherein openings of the female end are configured to receive pins of the male end” as recited in amended claim 1 may be interpreted as – wherein an opening of the female end is configured to receive a pin of the male end – in which Duboff does disclose (see 35 U.S.C. 103 rejection of claim 1 in Office Action mailed 05/29/2025). Additionally, Kim is now used to teach a female end connector with a plurality of openings, where said plurality of openings receive a corresponding plurality of pins of a male end connector (see 35 U.S.C. 103 rejection of claim 1 above).
Applicant further argues Shockley in view of Tsai fails to teach a function control board for massage heads that control each of type of massage, on/of, intensity, heat, and time of activation (see pgs. 6-7 of Remarks filed 08/29/2025). Shockley in view of Tsai does teach a function control board for massage heads that control each a type of massage, on/off, and intensity (see 35 U.S.C. 103 rejection of claim 1 in Office Action mailed 05/29/2025), but does not teach control of heat or time activation. However, Cutler is now used to teach a function control board for massage heads that control each a type of massage, on/off, intensity, heat, and time of activation (see 35 U.S.C. 103 rejection of claim 1 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Toto (US PGPub 2014/0358045): Regarding a massage device with detachable massage heads, where said massage heads are detachably connected via quick connection male and female connectors.
Nazarian et al. (US PGPub 2019/0015294): Regarding an attachment system for massage heads to a reciprocating treatment device including a female connector with a plurality of openings to receive a corresponding plurality of pins of a male connector.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785