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 .
Priority
Acknowledgment is made of Applicant' s claim for priority under 35 U.S.C. § 120 with reference to Application Number: 16/283,186 filed on 2/22/2019.
The new limitations, a slidable shoulder, a shoulder airbag and a corresponding a slide rack (Figures 31A-31C; ¶0130-0135), are not described in the previous non-provisional applications, 15/593,320, 16/283,186, and 16/439,218. As the non-provisional application does not include nor describe the features and thus are not entitled to the earliest effective filing date, claims 20-30 appear to have a different effective filing date. Therefore, claims 20-30 are given the effective filing date as the current application filing date of 10/24/2021.
Response to Amendment
The present office action is in response to the Arguments/Remarks filed 06/25/2025. As directed by the amendment, claims 1, 7, 9, 11, 15, and 20 have been amended and no claim has been newly added. Thus, claims 1-30 are presenting pending in this application.
Applicant has amended claims 7, 9, 11 and 15 to address minor informalities. Therefore, the previously held claim objection is hereby withdrawn.
Applicant has amended claims 11 and 15 to overcome the rejections under 35 U.S.C. §112. Therefore, the previously held rejection are hereby withdrawn.
Response to Arguments
Applicant’s arguments, see section “103 Rejections” of Page 2 to Page 7, filed 06/25/2025, with respect to claim rejections made in view of Sakamoto (WO 0178646) under 35 U.S.C. §103 have been fully considered and are persuasive as independent claims are amended to read “wherein said slide rack allows said armrest to be moved in a forward motion and in a backward motion, independent of motion of said seat and backrest portion” which overcomes the prior art, Sakamoto.
However, upon further consideration, new grounds of rejection is made as discussed below.
Applicant’s arguments, see section “103 Rejections” of Page 7, filed 06/25/2025, with respect to claim rejections made in view of Bergsten et al. (US 5597207) under 35 U.S.C. §103 have been fully considered and are not persuasive.
Applicant argues that the Bergsten’s invention teaches a chair for office or production uses that has an ergonomic arm support for supporting the forearm during typing, keying, or assembly operation, so it is obvious that the chair is not invented to provide a massage for rest or relaxation purposes. Massaging is known as body movement or shaking. Modifying Bergsten by adding a massage mechanism will render its intended purpose.
Examiner respectfully disagree with Applicant’s arguments. Claim 1 does not positively recite any structures intending to perform the massage such as the “body movement” or “shaking” as indicated by Applicant. Thus, it would not require any of the components related to the technical features of the massaging means.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., massaging feature) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that a chair of Bergsten’s invention is for office or production use only and does not perform massaging, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Examiner notes that massaging is very broad. It may also include a person performing any type of massage such as a hand massaging, a foot bath/massaging, or merely applying hand-held devices or attachable devices (as evidenced by Hazard - US Pat 4981131 A; Col 4, ln 48-56, “apparatus for providing cyclic passive motion back support… with a standard office chair”) onto a customer seating on a chair, thus the chair of Bergsten’s chair is capable of being used as the massaging chair. Since the structure of the prior art teaches all structural limitations of the claim, the same is considered capable of meeting the intended use limitations.
However, the grounds of rejection are modified as necessitated by the amendment as discussed below.
Examiner suggest further amending the claim structurally so the massaging features are positively recited and distinguished from the prior art in terms of structure rather than function. (See MPEP 2114).
Claim Objections
Claims 1-30 are objected to because of the following informalities:
Claims 1, 9, 15, and 20 recites, “independent of motion of said seat and backrest portion” which Examiner suggest amending to read --independent of motions of said seat and said backrest-- to avoid possible 112b issue as “said seat and backrest portion” is not introduced.
Claims 2-8, 10-14, 17-19 and 21-30 are objected by dependency to the independent claims above.
Claim 1 recites, “a footrest” in ln 2 which Examiner suggest amending to read --a footrest,--
Claim 1 recites, “frame. wherein said slide rack allowed said armrest” in ln 13-14 which Examiner suggest amending to read --frame; wherein said slide rack allows said at least one armrest” for consistency.
Claim 3 recites, “is ball bearing” which Examiner suggest amending to read --is a ball bearing--
Claim 9 recites, “through. wherein said slide rack allowed said armrest” in ln 12-13 which Examiner suggest amending to read --through; wherein said slide rack allows said at least one armrest” for consistency.
Claim 15 recites, “user. wherein said slide rack allowed said armrest” in ln 13-14 which Examiner suggest amending to read --user; wherein said slide rack allows said at least one removable armrest” for consistency.
Claim 16 recites, “is push” in ln 1 which Examiner suggest amending to read --is a push--
Claim 20 recites, “a slidable shoulder” in ln 4 which Examiner suggest amending to read --a slidable shoulder,-- as the comma was deleted in the amendment.
Claim 20 recites, “sliding. wherein said slide rack allowed said armrest” in ln 14-15 which Examiner suggest amending to read --sliding; wherein said slide rack allows said at least one removable armrest” for consistency.
Claim 21 recites, “is ball bearing” which Examiner suggest amending to read --is a ball bearing--
Appropriate correction is required.
Drawings
The drawings are objected to because of the following informalities:
Fig. 31A - a reference number “416” which is described as “a plurality holes 416” in ¶0135 is directed to possible shoulder airbag or shoulder supporter
There is no description for a reference number “418” indicated in Figures 31A-31C.
There is no description for a reference number “420” indicated in Figures 31B-31C.
Examiner suggest amending the reference number “420” to read --416-- as its designation deems to be the “plurality holes”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 20-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Amended claim 20 recites, “wherein said slide rack allows said armrest to move in a forward motion and in a backward motion” which lacks sufficient support in Applicant’s specification as originally filed, within the drawings, or within the originally filed claims, either implicitly or explicitly in view of the limitation “said shoulder airbag comprises a slide rack to slide said shoulder airbag”. The amended claim implies that the slide rack of the shoulder airbag is capable of moving both the armrest and the shoulder airbag while said armrest is moving in a forward motion and a backward motion.
However, the slide rack of the shoulder airbag is mounted onto the shoulder support 417 as shown in Fig 31A-C as described in ¶0132-0135. The slide rack of the armrest is mounted on the armrest as shown in Figs 18-19 as described in ¶0094-0100.
Thus, the examiner takes the position that the claim contains subject matter which was not reasonably described in the specification in such a way as to reasonably convey possession of the claimed invention.
Claims 21-30 are rejected by virtue of dependency to claim 20.
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 1-8, 12-13, 18 and 20-30 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.
Claim 1 recites, “said mounting mechanism configured to mount said slide rack to said massage chair frame” which renders claim indefinite as the amended claim 1 indicates, the limitation, “massage chair frame”, removed. It is unclear whether said slide rack would be mounted onto “said massage chair frame” or one of newly introduced limitations, “a backrest, a seat, a footrest”.
For examination purposes, it is interpreted as to said limitation is previously introduced.
Claims 2-8 are rejected by virtue of dependency to claim 1.
Claim 4 recites, “an angle greater than zero degree compared to said massage chair frame” which renders claim indefinite for same reason discussed above. It is unclear whether said angle would be compared to “said massage chair frame” or one of newly introduced limitations, “a backrest, a seat, a footrest”.
For examination purposes, it is interpreted as to said limitation is previously introduced.
Claim 12 recites, “wherein said at least one armrest further comprises a sliding rack” which renders claim indefinite as the claim 9 has been amended to include the slide rack controlling the motion of the armrest. It is unclear whether the sliding rack is same or different from claim 9.
For the examination purposes, it is interpreted as --the sliding rack-- of claim 9.
Claim 13 is rejected by virtue of dependency to claim 9.
Claim 18 recites, “wherein said at least removeable one armrest further comprises a sliding rack” which renders claim indefinite as the claim 9 has been amended to include the slide rack controlling the motion of the armrest. It is unclear whether the sliding rack is same or different from claim 15.
For the examination purposes, it is interpreted as --the sliding rack-- of claim 15.
Claim 20 recites, “a slide rack” in ln 5 and “a slide rack” in ln 6 which renders claim indefinite. It is unclear whether they are same or different component. Claim does not further distinguish between the “slide rack” in ln 5 and the “slide rack” of the shoulder airbag in ln 6, so it is unclear which of the “slide rack” further comprising with “a first portion, a second portion, and two parallel slide rails”.
Claim 20 also recites, “a slidable shoulder” in ln 4 and “wherein said shoulder airbag” in ln 6-7 which renders claim indefinite. It is unclear whether the “shoulder airbag” is newly introduced or same as the “slidable shoulder”. For the examination purposes, Examiner interprets the limitation, “shoulder airbag” is previously introduced.
For the examination purposes, Examiner interprets --wherein said at least one armrest comprises a first slide rack-- in ln 5, --wherein said shoulder airbag comprises a second slide rack-- in ln 6, --wherein each of the first and second slide racks comprises-- in ln 8, and --wherein said first slide rack allows-- in ln 15.
Claims 21-30 are rejected by virtue of dependency to claim 20.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bergsten et al. (US 5597207).
Regarding claim 1, Bergsten et al. discloses a massage chair (20, fig. 1 and abstract; as discussed previously, the chair of Bergsten et al. can be used as a massage chair as a person sitting can receive different forms of massaging other than the chair performing it as BRI. Examiner notes the limitation, “a massage chair” is broad since it does not require any of the components related to the features of the massaging chair such as inflating bags, associated pumps, or any other massaging mechanism, or etc.) comprising:
a backrest (201, Fig 1), a seat (200, Fig 1), a footrest (202, Fig 1; Examiner notes that a set of legs is capable of arranging a foot to rest), at least one armrest (12, Fig 1); and
a slide rack (fig. 2, slide rack 15 that allows the cushion part 12 of the arm rest to slide in and out),
a slide rack (fig. 2, slide rack 15 that allows the cushion part 12 of the arm rest to slide in and out), wherein said slide rack comprises a first portion (top portion), a second portion (bottom portion connecting to mount 11) and two parallel slide rails (slide rails 80)
wherein said first portion is mounted to said at least one armrest (see fig. 2, top portion mounts to arm rest cushion 12) while said second portion is mounted to a mounting mechanism (see fig. 2, bottom portion mounts to mounting mechanism 11), and
wherein at least one slide rail of said two parallel slide rails is configured to receive a bearing to reduce friction during sliding (see figs. 4 and 5 and col. 6, lines 27-42, ball bearing sleeves 71 around each rail); and
said mounting mechanism configured to mount said slide rack to said chair frame (fig. 1, frame within cushion 200, chairs have internal structure to support a seat cushion; see fig. 1, the mounting mechanism 11 mounts the slide rack to the chair frame),
wherein said slide rack allows said at least one armrest to be moved in a forward motion and in a backward motion, independent of motion of said seat and said backrest (Col 7, ln 15-38, implies that the armrest is slidable in a forward motion and a backward motion independently from the seat and the backrest as shown in Fig 2).
Regarding claim 3, Bergsten et al. discloses the chair of claim 1 as discussed above.
Bergsten et al. further discloses, wherein said bearing is ball bearing (col 6, ln 27-42).
Regarding claim 4, Bergsten et al. discloses the chair of claim 1 as discussed above.
Bergsten et al. further discloses, wherein said mounting mechanism is configured so that said at least one armrest slides with an angle greater than zero degree compared to said massage chair frame to avoid collision of said at least one armrest with said backrest during sliding (Col 7, ln 15-38, the armrest is slidable with different angles as the armrest is swingable for 360 degrees so that it is capable of sliding with an angle greater than zero degrees to the said frame to avoid collision).
Regarding claim 7, Bergsten further discloses wherein said at least one armrest is configured so that a user be able to pull said at least one armrest out then slides it (Col 7, ln 15-30; the user can pull the armrest upward to adjust the height and then slide the armrest in and out).
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 1-2, 5-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Levin et al. (US 20200046127 A1) in view of Collins (“Telescoping slides”, https://www.linearmotiontips.com/telescoping-slides-extending-the-reach-of-linear-guides/, June 2017)
Regarding claim 1, Levin et al. discloses, a massage chair (100, Fig 25) comprising:
a backrest (130, Fig 25), a seat (120, Fig 25), a footrest (160, Fig 25), at least one armrest (a pair of 150, Fig 25) ; and
a slide rack (an assembly of one or more sliding rails 420, extension portions 410, and telescoping portions as described in ¶0063 in view of Figs 24-26),
wherein said slide rack comprises a first portion (see annotation below, Fig 26), a second portion (see annotation below, Fig 26), and two parallel slide rails (a pair of 420, Fig 26),
wherein said first portion is mounted to said at least one armrest while said second portion is mounted to a mounting mechanism (see annotation below, Fig 26; Examiner interprets the “mounting mechanism” to --means to attach/connect two parts directly or indirectly--), and
said mounting mechanism configured to mount said slide rack to said massage chair frame (¶0062-63, implies that the sliding mechanism is mounted/connected to the rear housing of the base portion; Examiner notes that the mechanism is indirectly mounted onto the chair frame, the backrest, and the seat);
wherein said slide rack allows said armrest to be moved in a forward motion and in a backward motion, independent of motions of said seat and said backrest (see annotation below, Fig 26; Examiner notes that the seat and the back rest remains still as shown in Fig 26 as the locking mechanism prevents chair arms from transitioning to an open position when the chair is in a reclined position as described in ¶0064).
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While Levin et al. discloses that the armrest slides outwards and inwards via the telescoping mechanism and the pair of rails (¶0062-0063), Levin et al. does not specifically discloses, wherein at least one slide rail of said two parallel slide rails is configured to receive a bearing to reduce friction during sliding.
However, Collins which is analogous art to the telescoping mechanism, teaches a construction of telescoping slides which are made up of an outer rail and one or more inner rails and ball or cam roller guide the movement and support the load while providing lubrication to the slide (see PG 1-3 of NPL).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the chair of Levin et al. to include wherein at least one slide rail of said two parallel slide rails is configured to receive a bearing to reduce friction during sliding as taught by Collins as a known structure of the telescoping mechanism.
Regarding claim 2, Levin et al. in view of Collins discloses the chair of claim 1 as discussed above.
Levin et al. further discloses, wherein said slide rack further comprise a lock knob (¶0064, a lock mechanism, mechanically such as using mechanical buttons, levers, latching mechanisms).
Regarding claim 5, Levin et al. in view of Collins discloses the chair of claim 1 as discussed above.
Levin et al. further discloses, wherein said slide rack further comprise an actuator (telescoping portions as described in ¶0063 of Figs 24-26; Examiner notes that the telescoping mechanism is a type of actuator).
Regarding claim 6, Levin et al. in view of Collins discloses the chair of claim 1 as discussed above.
Levin et al. further discloses, a media player holder (a storage recess 171, Fig 1; ¶0046 implies that the USB is provided to charge electronic devices such as media player; looking at other consideration, Examiner notes that the niche portions of the USB shown in Figs 10-11 is capable of placing the MP3 player).
Regarding claim 6, Levin et al. in view of Collins discloses the chair of claim 1 as discussed above.
Levin et al. further discloses, wherein said slide rack further comprises at least one extension section (410, Fig 26).
Claims 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Levin et al. (US 20200046127 A1) in view of Bober et al. (US 20200153259 A1).
Regarding claim 9, Levin et al. discloses, a massage chair (100, Fig 25) comprising:
a backrest (130, Fig 25), a seat (120, Fig 25), a footrest (160, Fig 25), at least one armrest (a pair of 150, Fig 25) ; and
a slide rack (an assembly of one or more sliding rails 420, extension portions 410, and telescoping portions as described in ¶0063 in view of Figs 24-26),
wherein said slide rack allows said armrest to be moved in a forward motion and in a backward motion, independent of motions of said seat and said backrest (see annotation below, Fig 26; Examiner notes that the seat and the back rest remains still as shown in Fig 26 as the locking mechanism prevents chair arms from transitioning to an open position when the chair is in a reclined position as described in ¶0064).
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While Levin et al. discloses, the USB ports for connecting electronic devices such as phones, media players, or other electronics (¶0046), Levin et al. is silent on a power source to the USB and further does not teach a wireless charger, wherein said at least one armrest comprises a wireless holder that is configured to receive said wireless charger; and a power cord for connecting said wireless charger to a power source, wherein said power cord comprises at least two sections joined together via a connector for easy armrest installation, and wherein said at least one armrest comprises at least one hole for said power cord to pass through
However, Bober teaches an armrest (see fig. 2) comprising a wireless charger (fig. 1, 101), wherein said at least one armrest comprises a wireless holder that is configured to receive said wireless charger (see fig. 3, wireless charger is placed within the armrest; see paragraph 38. The wireless charger is embedded on the armrest, this location holding the wireless charger. See above claim objection, “wireless holder” is being read as “wireless charger holder”); and a power cord for connecting said wireless charger to a power source (see fig. 1, cord between charger 101 and power source plug 104), wherein said power cord comprises at least two sections joined together via a connector for easy armrest installation (see fig. 1, the power cord has three sections connected together via connectors 102 and 103), and wherein said at least one armrest comprises at least one hole for said power cord to pass through (see fig. 3 showing the cord passing through the hole in the armrest and to the 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 armrest of Levin et al. to have a wireless charger, as taught by Bober, for the purpose of providing a convenient place to charge a user’s device while they are using the massage chair. Bober teaches there is a need to manufacture furniture capable of charging electronic devices since user’s frequently use these devices while sitting (see paragraphs 4-6 of Bober).
Regarding claim 10, Levin et al. in view of Bober discloses the chair of claim 9 as discussed above.
Modified Levin et al. further teaches wherein said wireless charger can be accessed from a front panel for easy repair and service (see Bober fig. 4 and paragraph 43; Bober teaches a front panel 401 for accessing the wireless charger within the armrest).
Regarding claim 11, Levin et al. in view of Bober discloses the chair of claim 9 as discussed above.
Modified Levin et al. further teaches wherein at least one hole is located on a side of said at least one armrest is configured to receive the connector (See Bober fig. 3, the hole is located on a side of the armrest, “side” being relative and there being no orientation claimed that prevents the bottom of the armrest from being interpreted as the side. As shown in fig. 3, the hole is sized to receive a connector).
Regarding claim 12, Levin et al. in view of Bober discloses the chair of claim 9 as discussed above.
Levin et al. further disclose wherein said at least one armrest further comprises a sliding rack (Examiner interprets that the sliding rack is same component as the claim 9 as discussed in 112b rejection above; Levin et al.: an assembly of one or more sliding rails 420, extension portions 410, and telescoping portions as described in ¶0063 in view of Figs 24-26 as discussed in claim 9).
Regarding claim 13, Levin et al. in view of Bober discloses the chair of claim 9 as discussed above.
Levin et al. further disclose wherein said slide rack further comprises an actuator (telescoping portions as described in ¶0063 of Figs 24-26; Examiner notes that the telescoping mechanism is a type of actuator).
Regarding claim 14, Levin et al. in view of Bober discloses the chair of claim 9 as discussed above.
Levin et al. further disclose, wherein the massage chair comprises a media player holder (a storage recess 171, Fig 1; ¶0046 implies that the USB is provided to charge electronic devices such as media player; looking at other consideration, Examiner notes that the niche portions of the USB shown in Figs 10-11 is capable of placing the MP3 player).
Claims 15, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Levin et al. (US 20200046127 A1) in view of Pratt (US 5273342), Sub (KR101515586), and Fumitaka et al. (JP 2017140275).
Regarding claim 15, Levin et al. discloses, a massage chair (100, Fig 25) comprising:
a backrest (130, Fig 25), a seat (120, Fig 25), a footrest (160, Fig 25), at least one removable armrest (a pair of 150, Fig 25; ¶0062, “a releasable connection 220 (e.g., which utilizes a latching mechanism, magnets, solenoids, and/or other connection schemes) that enables the chair arms 150 to be attached and detached from the base portion 110 of the massage chair”; looking at other consideration, the armrest is attached by the connection 210, so it can be removed via the connection 210 in order to unfix from the base portion); and
a slide rack (an assembly of one or more sliding rails 420, extension portions 410, and telescoping portions as described in ¶0063 in view of Figs 24-26),
wherein said slide rack allows said armrest to be moved in a forward motion and in a backward motion, independent of motions of said seat and said backrest (see annotation below, Fig 26; Examiner notes that the seat and the back rest remains still as shown in Fig 26 as the locking mechanism prevents chair arms from transitioning to an open position when the chair is in a reclined position as described in ¶0064).
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Levin et al. does not teach a removable headrest.
However, Pratt teaches an analogous chair comprising a removable headrest (see fig. 1 and col. 2, line 11-14).
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 Levin et al. to have a removable headrest for the purpose of providing greater support to taller individuals (see Pratt col. 1, lines 20-22).
Levin et al. does not teach an oxygen generator or concentrator and a control cable, wherein said massage chair comprises a button to activate said oxygen generator or concentrator, and wherein said removeable headrest comprises at least one vent capable of being positioned adjacent to noses of a user to efficiently distribute oxygen to the user.
However, Sub teaches an analogous massage chair (paragraph 1) comprising an oxygen generator or concentrator (see paragraph 31 and fig. 1, oxygen generator 200) and wherein said headrest comprises at least one vent capable of being positioned adjacent to noses of a user to efficiently distribute oxygen to the user (see figs. 1 and 2 and paragraph 37, the vent 330 is located in the headrest 30 which is located near the user’s head. Thus, the vent is capable of being positioned adjacent the nose).
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 chair of Levin et al.to have an oxygen generator the removable headrest to have a vent to distribute the oxygen to provide a more comfortable massage environment (abstract of Sub).
Levin et al., as modified, further does not teach a control cable, wherein said massage chair comprises a button to activate said oxygen generator or concentrator, and wherein a housing of said at least one removeable armrest comprises at least one hole on a side for said control cable to pass through for easy armrest installation.
However, Fumitaka teaches an analogous massage chair (abstract and fig. 1) comprising a control cable (fig. 2, cable 9), wherein said massage chair comprises a button (see fig. 2, buttons on remote attached to the massage chair), and wherein a housing of said at least one removeable armrest comprises at least one hole on a side for said control cable to pass through for easy armrest installation (see fig. 17, a hole is located on the top side of the armrest for the cable to pass through).
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 modified Levin et al. to have a button to activate said oxygen generator as buttons are well known to turn on devices and to connect the button to a control cable, as taught by Fumitaka, as is well-known in the art to connect an electronic device to a button. It would have been further obvious to modify the removable arm of Sakamoto to have at least one hole on a side for said control cable to pass through for easy armrest installation so that the button can be conveniently placed near the user’s hand and the cable is out of the way.
Regarding claim 16, Levin et al. in view of Pratt, Sub, and Fumitaka et al. discloses the chair of claim 15 as discussed above.
Modified Levin et al. further teaches wherein said button is push on- push off button and located on said at least one removeable armrest (see Fumitaka fig 5, on-off push button).
Regarding claim 18, Levin et al. in view of Pratt, Sub, and Fumitaka et al. discloses the chair of claim 15 as discussed above.
Levin et al. further disclose, wherein the massage chair comprises a media player holder (a storage recess 171, Fig 1; ¶0046 implies that the USB is provided to charge electronic devices such as media player; looking at other consideration, Examiner notes that the niche portions of the USB shown in Figs 10-11 is capable of placing the MP3 player).
Regarding claim 19, Levin et al. in view of Pratt, Sub, and Fumitaka et al. discloses the chair of claim 15 as discussed above.
Levin et al. further disclose wherein said at least one armrest further comprises a sliding rack (Examiner interprets that the sliding rack is same component as the claim 15 as discussed in 112b rejection above; Levin et al.: an assembly of one or more sliding rails 420, extension portions 410, and telescoping portions as described in ¶0063 in view of Figs 24-26 as discussed in claim 15).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Levin et al. (US 20200046127 A1) in view of Pratt (US 5273342), Sub (KR101515586), and Fumitaka et al. (JP 2017140275) as applied to claim 15 above, and further in view of Le et al. (US 20150169124 A1).
Regarding claim 17, Levin et al. in view of Pratt, Sub, and Fumitaka et al. discloses the chair of claim 15 as discussed above.
Modified Levin et al. does not teach wherein said button is a touch button of a touchscreen controller.
However, Le teaches an analogous massage chair comprising a button wherein the button is a touch button of a touchscreen controller (see fig. 6 and paragraph 23).
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 button of the modified Levin et al. to be a touchscreen because of the ease of touchscreen technology and the ability to clean the touchscreen device (see Le paragraphs 6-14).
Allowable Subject Matter
Claims 20-30 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112 or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the claim objections set forth in this Office action.
Reasons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Regarding the subject matter of claim 20, The closest identified prior art documents of record are Levin et al. (US 20200046127 A1), Nagamitsu et al. (US 20190151187 A1), Tan et al. (US 20160113835 A1).
Examiner interprets the allowable subject matter of claim 20 as to the chair comprising --a shoulder airbag--, --a slide rack of the at least one armrest--, --wherein each of the slide racks comprises a first portion, a second portion, and two parallel slide rail-- and --wherein said slide rack of the at least one armrest allows said at least one armrest to be moved in a forward motion and in a backward motion-- as discussed in rejections under 112(a) and 112(b) above.
Levin et al. discloses the main structure of the massage chair, but the prior art does not suggest or teach, a shoulder airbag and further comprising a combination of the slide racks for each of the at least one armrest and the shoulder airbag.
Nagamitsu et al. discloses, a shoulder airbag (300, Fig 18), a slide rack of the shoulder air bag (100, Fig 2), and a ball bearing assisting with a swinging movement of the shoulder airbag (¶0160; Fig 14), but the prior art does not suggest or teach a slide rack of the at least one armrest and wherein said slide rack of the at least one armrest allows said at least one armrest to be moved in a forward motion and in a backward motion. Further, Examiner notes that it may be unreasonable to include the shoulder airbag of Nagamitsu et al. into the massage chair of Levin et al. as it would interfere with the sliding mechanism of the armrest of Levin et al. which is sliding outwards.
Tan et al. discloses, a slide rack (124, Fig 2) of a massage member (108, Fig 1) configured to move the massage member along a Z-axis via a guide roller (¶0048), but the prior art does not teach or suggest a shoulder airbag and further comprising a combination of the slide racks for each of the at least one armrest and the shoulder airbag and wherein said slide rack of the at least one armrest allows said at least one armrest to be moved in a forward motion and in a backward motion.
No other prior arts have been found that teaches or suggest all the claimed feature of the proposed amended claim 20 as discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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