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
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/23/2026 has been entered.
Additionally, the amendment filed on 2/23/2026 has been entered. Per the amendment, claim 1 is as currently amended; claims 2-5, 11-14, and 16-17 are as previously presented; and claims 6-10 and 15 are canceled. As such, claims 1-5, 11-14, and 16-17 are pending in the instant application.
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.
Claims 1-5, 10, 12-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (US 3901222) in view of Ploss et al. (US PGPub 20200276078), further in view of Castillo (US PGPub 20210196946), further in view of Pepe (US 20200268594), and further in view of Kruger Jr. et al. (US 4324405).
Regarding claim 1, Muramatsu teaches A self-massage device (see col. 1, lines 1-10, the user presses their back on the pressing members to apply pressure, massaging their back), comprising:
a first component (Fig. 6, bedplate 50); and
a second component (Fig. 6, pressing member 52),
wherein the first component comprises:
a massage board (see Fig. 6, the bedplate is made of a board, the board being used in massaging the user) having a length comprising a sequence of connected parallel indentations and one or more indentations running at an angle to the sequence of connected parallel indentations (see annotated Fig. 6 below, there are a series of parallel indentations connected via the board parts 60 that define the indentation cutouts and there is an indentation running perpendicular, at a 90 degree angle, to these parallel indentations); and
wherein the second component comprises at least one massage head (see Fig. 8 showing the massage head) comprising a top portion and a bottom portion (see annotated fig. 8 below), wherein the top portion is formed to contact a portion of a user's body (see fig. 1 and col. 2, line 64- col. 3, line 2, the top planes of the pressing member are pressed against a patient’s back), and wherein the bottom portion comprises a single protrusion (see annotated fig. 8 below and col. 4, lines 38-45, the bottom of the member comprises a foot section having the saw-tooth like portions 62) formed to be removably inserted into one or more of the sequence of parallel indentations in the massage board via a locking mechanism between the bottom portion of the at least one massage head and the massage board (see Figs. 6-8 and col. 4, lines 51-68, the saw-tooth like portions 62 of the protrusion of the second component fit into the parallel indentations of the massage boarding; this creates a “locking mechanism” as described in applicant’s disclosure of the interaction of the protrusion and the indentations).
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Annotated Fig. 6 of Muramatsu
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Annotated Fig. 8 of Muramatsu
Muramatsu does not teach wherein the single protrusion is a plus shape or a cross shape
However, Ploss teaches an analogous massage device with inserted pressing members (see fig. 1 and abstract) wherein a protrusion is used to lock two members together (see Fig. 11 and paragraph 72) wherein the protrusion is a plus shape or a cross shape (see Fig. 11 and paragraph 72).
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 protrusion of Muramatsu to be a plus shape or a cross shape, as taught by Ploss, because Ploss teaches this is an alternative shape that locks two components together and prevents rotation between the components.
Further, while Muramatsu does not explicitly teach wherein the protrusion is a plus shape or a cross shape, it has been held that the mere change in shape does not constitute a patentable improvement in the art when said change in shape does not result in a non-obvious change in functionality (see MPEP 2144.04 IV. B). In this case, one of ordinary skill in the art would have recognized and appreciated that changing the shape of the protrusion to a plus shape or cross shape would not substantially change the functionality of the device in an unexpected way. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Muramatsu to have protrusion be a plus or cross shape, or any other configuration that was considered desirable or expedient, since it has been held that change in shape involves only routine skill in the art.
Muramatsu further does not teach a printed circuit board housed within the massage board and extending a length of the sequence of connected parallel indentations, wherein a plurality of electrical contacts are positioned within the sequence of connected parallel indentations, wherein a plurality of electrical contacts are attached with the bottom portion of the at least one massage head, wherein the at least one massage head comprises a motor therein, and wherein the printed circuit board is configured to provide power to the motor of the at least one massage head when inserted within the massage board, wherein the motor causes the at least one massage head to deliver percussion therapy.
However, Castillo teaches an analogous massage device (abstract and fig. 1) comprising a printed circuit board housed within the massage board (see Fig. 5B and paragraph 65, controller 555 housed within the board 510, the controller can be an Arduino which has a PCB) and configured to provide power to the at least one massage head when inserted within the massage board (see paragraph 66, the controller provides power to respective assemblies such as the massage heads 110; see also paragraphs 72-74, “electrical connections between the vibrational motor 340 and controller 555/battery 550 can be made as disclosed with respect to the nerve stimulating contact above.” The slots on the back board can be configured with an electrical contact to provide electrical connection between the massage head and controller 555) and wherein the at least one massage head comprises a motor therein (see fig. 3B and paragraph 54, motor 340 within massage head 110), wherein the motor causes the at least one massage head to deliver percussion therapy (see paragraph 74, the motor includes an eccentric rotating mass on a dowel that is connected to a direct current motor, where it would be well-understood by one of ordinary skill in the art that the rotation of the dowel and off-centered mass driven by the direct current motor creates a centrifugal force that changes direction as the dowel and mass rotate, and causes the dowel to oscillate around it’s equilibrium point which yields a rapid back-and-forth motion of the pressure knob 110).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage board of Muramatsu to have a printed circuit board within to provide power to a massage head, wherein the massage head has a motor that causes the massage head to deliver percussion therapy, as taught by Castillo, for the purpose of providing a rapid back-and-forth motion to the massage head that provides pain relief and relaxes the muscles (see paragraphs 34-35 of Castillo).
Muramatsu further does not teach wherein the at least one massage head comprises a button or a switch disposed on the at least one massage head and wherein the motor causes the at least one massage head to vibrate when the button or the switch on the at least one massage head is placed in an activated “on” position.
However, Pepe teaches an analogous massage device (abstract and fig. 1) comprising a removable massage head (fig. 11) wherein the at least one massage head comprises a button or a switch disposed on the at least one massage head (fig. 11, button 126; see paragraph 42) and wherein internal components of the massage head are activated when the button or the switch on the at least one massage head is placed in an activated “on” position (see paragraph 42).
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 massage head of the modified Muramatsu to have a button on the massage head, as taught by Pepe, for the purpose of placing the on button in a convenient location for the user. This location also makes sure the head and its power button are always together so the user doesn’t have to worry that losing a remote would make the device inoperable. Muramatsu, as further modified by Pepe, further teaches and wherein the motor causes the at least one massage head to deliver percussive therapy when the button or the switch on the at least one massage head is placed in an activated “on” position (as modified by Castillo, the massage head has a motor within that is powered to deliver percussive therapy. As modified by Pepe, the massage head has a power button to turn on the internal components of the massage head. Thus, the modified Muramatsu teaches a power button that turns on the motor in the massage head when it is turned to the on position).
Muramatsu, as modified by Hunter, does not explicitly teach the printed circuit board housed within the massage board and extending a length of the sequence of connected parallel indentations, wherein a plurality of electrical contacts is positioned within the sequence of connected parallel indentations, wherein a plurality of electrical contacts are attached with the bottom portion of the at least one massage head.
However, Kruger teaches an analogous board with movable pieces (see abstract and fig. 1) wherein the printed circuit board is housed within the board and extending a length of the sequence of connected parallel indentations (see Fig. 8 and col. 3, lines 48-62, the PCB 18 is within the board and runs along the length of the board and so runs along the length of the parallel indentations above the PCB as shown in fig. 7) wherein a plurality of electrical contacts is positioned within the sequence of connected parallel indentations (see fig. 2, electrical contacts 24 and 24a,b,c; see col. 4, lines 11-24), wherein a plurality of electrical contacts are attached with the bottom portion of the at least one movable piece (see fig. 2, lower end of leads 78. See col. 6, lines 45-50, the lower ends of the leads 78 are in electrical contact with the board).
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 PCB of the modified Muramatsu to extend the length of the parallel indentations and to have a plurality of contacts within the parallel indentations and corresponding electrical contacts on the bottom of the massage heads. Muramatsu has been modified to have motors within the massage heads that require power and, as modified by Castillo, the slots have electrical connections within them (see Castillo paragraph 72). Kruger teaches a solution to having a board with movable pieces that are energized. The configuration of Kruger allows elements to be moved along the board and to receive power at all positions on the board. Since the modified Muramatsu has movable pieces that require power and has electrical contacts within the slots, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to use the teachings of Kruger to make sure the movable massage heads can receive power at all locations available on the board.
Regarding claim 2, Muramatsu further teaches wherein the top portion of the at least one massage head is curved (see Figs. 7 and 8, the top portion curves at the edges as seen in both views).
Regarding claim 3, Muramatsu further teaches wherein the at least one massage head is repositionable along the massage board via the sequence of connected parallel indentations (see Fig. 6 and col. 4, lines 51-68, the massage heads can be moved along the board and inserted at different portions along the length using the parallel indentations that interact with the saw-tooth protrusion).
Regarding claim 4, Muramatsu further teaches wherein the top portion of the at least one massage head forms an arch having a first end and a second end (see annotated Fig. 7 below).
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Annotated Fig. 7
Regarding claim 5, Muramatsu further teaches wherein the arch extends perpendicular to and over the massage board when the at least one massage head is inserted into one or more of the sequence of connected parallel indentations (see the annotated Fig. 7 above, the arch extends over and perpendicular to the board beneath when it is inserted), such that the first end is on a first side of the massage board and the second end is on a second side of the massage board that is parallel to the first side (see annotated Fig. 7 above, the first end is on one side of the board and the second end is on the other side of the board, parallel to the first end).
Regarding claim 12, Muramatsu further teaches wherein the at least one massage head is one piece (see fig. 8, the massage head is one piece).
Regarding claim 13, Muramatsu further teaches wherein the locking mechanism is a snap-fit mechanism (see figs. 6 and 7 and col. 4, lines 52-56, the massage head protrusion is inserted into the indentions and the friction of the saw-tooth within the indentions keeps makes up the locking mechanism. Applicant’s disclosure states that a snap-fit mechanism is a fit known as “interference fit” where the joint is held together by friction once the parts are pushed together (see paragraph 53 of applicant’s disclosure). The fit of Muramatsu works in this same manner).
Regarding claim 14, Muramatsu further teaches wherein the locking mechanism is a press-fit mechanism (see figs. 6 and 7 and col. 4, lines 52-56, the massage head protrusion is inserted into the indentions and the friction of the saw-tooth within the indentions keeps makes up the locking mechanism. Applicant’s disclosure states that a press-fit mechanism is a fit known as “interference fit” where the joint is held together by friction once the parts are pushed together (see paragraph 53 of applicant’s disclosure). The fit of Muramatsu works in this same manner and they are pressed together).
Regarding claim 16, Muramatsu further teaches wherein the second component comprises two massage heads (see Fig. 6, there are two massage heads 52 on the board), and wherein the sequence of connected parallel indentations and the one or more indentations provides a variety of spacings between the two massage heads (see col. 3, lines 53-55 and fig. 6, the placement of each massage head within the indentations allows the user to adjust the space between the massage heads).
Regarding claim 17, Muramatsu further teaches wherein the sequence of connected parallel indentations are symmetrically spaced from one another (see Fig. 6, the upper and lower indentations are symmetrically spaced from one another along the length of the board).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (US 3901222) in view of Ploss et al. (US PGPub 20200276078), further in view of Castillo (US PGPub 20210196946), further in view of Pepe (US 20200268594), and further in view of Kruger Jr. et al. (US 4324405) as applied to claim 6 above, and further in view of Daniel Bayeh et al. (US 20210048978 A1; hereinafter “Bayeh”).
Regarding claim 11, modified Muramatsu teaches the limitations of claim 6 as shown above. Muramatsu fails to disclose wherein the massage board is configured to wirelessly communicate with a mobile application.
However, Bayeh teaches an analogous device for massaging skin that is configured to wirelessly communicate with a mobile application ([0035] Bayeh teaches of the wireless communication between skin treatment device 101 and mobile device 120, see Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wireless communications between the modified invention of Muramatsu and a mobile application. Doing so lets the modified invention use the storage of the mobile application for user history data ([0039]) or even access to the internet through mobile device 120 ([0079]), or use the mobile device as a user interface as it is commonplace in the art.
Response to Arguments
Applicant's arguments filed 2/23/2026 have been fully considered but they are not persuasive.
Applicant argues the cited prior art fails to teach or suggest a massage head to deliver percussion therapy. Applicant further argues that Castillo (US 20210196946 A1) is strictly limited to creating a vibrational effect through the rotation of an unbalanced mass; therefore, Castillo fails to teach a motor causing at least one massage head to deliver percussion therapy, and cannot be modified to operate in such a manner. However, Castillo explains the “vibrational effect” provided by motor (340) is generated by a dowel with an eccentric rotating mass being turned by a direct current motor (see [0074] of Castillo). This type of motor is generally known as an Eccentric Rotating Mass (ERM) motor, which is commonly used in percussion therapy devices. Furthermore, Castillo states the strength of the motor (340) can be increased and decreased (see [0075] of Castillo); hence, the strength of the motor (340) can be increased such that the “vibrational effect”, or rapid back-and-forth motion of the massage head containing said motor, delivers a percussive massage function.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Schipfer (DE102017102280A1): Regarding an interchangeable massage head with a motor arranged therein.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785