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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/19/2025 has been entered.
Response to Amendments
The Amendment filed 9/19/2025 has been entered. Claims 16 and 21-28 were amended, and claims 1-15 and 18 were canceled. Thus, claims 16-17 and 19-28 are pending in the 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 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 2021/0128402 A1) in view of Pepe (US 2020/0268594 A1), Levi (US 2018/0185236 A1), and Jacobs (US 2008/0046047 A1), or alternatively over Dai in view of Pepe, Levi, Jacobs, and Yamazaki (US 2015/0121900 A1).
Regarding claim 16, Dai discloses a temperature-controlled massage node for removably coupling to an independently powered massager or a handle (heating/cooling attachment 20 removably coupled to the main housing shell 9 with a battery 5) (Figs. 16, 18; para. [0084]; para. [0092]), the temperature-controlled massage node comprising:
a node housing having an upper portion and lower portion (upper and lower portions of the housing shell for the heating/cooling attachment 17) (Figs. 16, 18; para. [0111]);
a contact plate positioned on the upper portion of the node housing (flat surface at the front of the semi-spherical heating/cooling attachment 20) (Figs. 1, 3, 15-16, 18; para. [0041]; para. [0092]); and
at least one mounting sleeve on the lower portion of the node housing for removably coupling the temperature-controlled massage node to the independently powered massager or handle (fastening contact 23 on the lower portion of the housing shell for the heating/cooling attachment 17 to removably couple it to the main housing shell 9) (Figs. 16, 18; para. [0092]; para. [0098]);
a heating element positioned within the node housing in communication with the at least one battery for heating and cooling the contact plate to impart either a heating or cooling effect from the temperature-controlled massage node to a user (heating/cooling semiconductor in the housing shell for the heating/cooling attachment 17 is powered by battery 5 to heat/cool the flat surface of the semi-spherical heating/cooling attachment 20 applied to the user) (Figs. 16, 18; para. [0107]; para. [0109]; paras. [0116-0117]); and
a fan positioned within the node housing, where the at least one battery supplies power to the fan (cooling vent/fan 18 mounted in the housing shell for the heating/cooling attachment 17, and which would be powered by the battery 5) (Figs. 16, 18; para. [0098]; para. [0116]).
Alternatively, if Dai is not seen as definitively disclosing a contact plate, Yamazaki teaches a warm-cool beauty treatment device wherein the heating or cooling effect from the Peltier element is transferred using a contact plate (warm plate 160a and/or cool plate 160b) (Yamazaki; Figs. 1A-2; para. [0021]).
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 Dai flat surface at the front of the semi-spherical heating/cooling attachment 20 to include a contact plate, as taught by Yamazaki, for the purpose of ensuring good thermal conductivity for a heating or cooling effect to be transferred from a thermal element to the user’s skin (Yamazaki; para. [0021]).
Dai does not disclose at least one battery positioned within the node housing; impart either a heating or cooling effect from the temperature-controlled massage node to a user independent of whether or not the node housing is coupled to the independently powered massager or handle.
However, Pepe teaches a massage device (Pepe; abstract) wherein at least one battery is positioned within the node housing (power source 160, which can be a battery, is inside the housing of massage head 100) (Pepe; Fig. 11; para. [0042]); impart a heating effect from the temperature-controlled massage node to a user independent of whether or not the node housing is coupled to the independently powered massager or handle (massage head 100 has the power source 160, power switch 126, heating element 112, and vibration generator 162 inside of itself, and as such the massage head 100 is capable of being operated independently of the rest of the device to apply the heating or vibration effect to a user) (Pepe; Fig. 11; para. [0042]).
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 Dai node housing such that at least one battery is positioned within the node housing; imparting a heating effect from the temperature-controlled massage node to a user independent of whether or not the node housing is coupled to the independently powered massager or handle, as taught by Pepe, for the purpose of allowing a user to choose between operating the node housing with or without the independently powered massager or handle as desired.
Dai does not disclose the heating element is a Peltier plate.
However, Levi teaches a multifunctional treatment device (Levi; abstract) where the heating element is a Peltier plate (thermoelectric elements 65 is a Peltier for both heating and cooling) (Levi; Fig. 5B; para. [0030-0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Dai heating/cooling semiconductor for the Peltier plate as taught by Levi, for the purpose of providing the device with an alternate mechanism for providing a heating/cooling treatment effect to a user which one of ordinary skill in the art could feasibly expect to perform similarly well.
Dai does not disclose where the fan is activated only when the Peltier plate is actively cooling the temperature-controlled massage node.
However, Jacobs teaches a therapy device (Jacobs; abstract) where the fan is activated only when the Peltier plate is actively cooling the temperature-controlled massage node (when the therapy device 20 with a Peltier cell 52 is used for cooling therapy, the fan 40 will activate to cool the heat sink 30; there is no recitation of the fan 40 being activated for anything expect when using the device for cooling therapy) (Jacobs; Fig. 1; para. [0050]; para. [0053]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to for the purpose of ensuring the cold side or surface applied to a user during cooling therapy can continue to lose heat (Jacobs; para. [0050]; para. [0053]), thereby helping to apply a more effective cooling therapy.
Regarding claim 20, the modified Dai teaches where the mounting sleeve couples the temperature-controlled massage node to the independently powered massager or handle by friction fit (heating/cooling attachment 20 is removably coupled to the distal end of the pushing rod 13 via fastening contact 23; there is no structure described to lock the attachment 20 in place, such as threads or snaps, and so friction would be the only force keeping the attachment 20 in place) (Dai; Figs. 11, 13, 16, 18; para. [0092]; paras. [0098-0099]).
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dai in view of Pepe, Levi, Jacobs, and Yamazaki as applied to claim 16 above, and further in view of Barasch (US 2016/0310353 A1).
Regarding claim 17, the modified Dai teaches the invention as previously claimed, including a first user controller is positioned on the node housing and is configured to allow the user to heat the temperature-controlled massage node to at least one predetermined temperature (power switch 126 on the massage head 100 housing enables the user to turn on/off the heating element 112, and so would be able to heat the massage head 100 to least one temperature) (Pepe; Fig. 11; para. [0042]), but does not teach where a second user controller is positioned on the node housing and is configured to allow the user to cool the temperature-controlled massage node to at least one predetermined temperature.
However, Barasch teaches a massager device (Barasch; abstract) where a second user controller is configured to allow the user to cool the temperature-controlled massage node to at least one predetermined temperature (separate controls for heating and cooling shaft 118 can each have a selection of settings for intensity, such as high, medium, low) (Barasch; Fig. 3; para. [0046]; para. [0055]).
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 modified Dai node housing to include a second user controller positioned on the node housing and configured to allow the user to cool the temperature-controlled massage node to at least one predetermined temperature, as taught by Barasch, for the purpose of allowing a user more control over the device operation (Barasch; para. [0046]; para. [0055]).
Regarding claim 19, the modified Dai teaches where a first user controller is positioned on the node housing and is configured to allow the user to heat the temperature-controlled massage node to at least two predetermined temperatures and where a second user controller is positioned on the node housing and is configured to allow the user to cool the temperature-controlled massage node to at least two predetermined temperature (Barasch separate controls for heating and cooling shaft 118 can each have a selection of settings for intensity, such as high, medium, low; first and second controls would be on the node housing as taught by Pepe) (Barasch, Fig. 3, para. [0046], para. [0055]; Pepe, Fig. 11, para. [0042]).
Claims 21-28 are rejected under 35 U.S.C. 103 as being unpatentable over Dai in view of Pepe, Barasch, and Williams (US 2022/0015988 A1) or alternatively over Dai in view of Pepe, Barasch, Williams, and Yamazaki.
Regarding claim 21, Dai discloses a temperature-controlled massage node for coupling to an independently powered massager (heating/cooling attachment 20 removably coupled to the main housing shell 9 with a battery 5) (Figs. 16, 18; para. [0084]; para. [0092]), the temperature-controlled massage node comprising:
a node housing having an upper portion and lower portion (upper and lower portions of the housing shell for the heating/cooling attachment 17) (Figs. 16, 18; para. [0111]), where a contact plate is positioned on the upper portion (flat surface at the front of the semi-spherical heating/cooling attachment 20) (Figs. 1, 3, 15-16, 18; para. [0041]; para. [0092]);
a shaft extending from the lower portion of the node housing (fastening contact 23 extending from the lower portion of the housing shell for the heating/cooling attachment 17) (Figs. 16, 18; para. [0092]; para. [0098]);
a heating element positioned within the node housing, the heating element in communication with the at least one battery, where the at least one battery supplies power to the heating element, where the heating element is configured to heat the contact plate (heating/cooling semiconductor in the housing shell for the heating/cooling attachment 17 is powered by battery 5 to heat/cool the flat surface of the semi-spherical heating/cooling attachment 20 applied to the user) (Figs. 16, 18; para. [0107]; para. [0109]; paras. [0116-0117]).
Alternatively, if Dai is not seen as definitively disclosing a contact plate, Yamazaki teaches a warm-cool beauty treatment device wherein the heating or cooling effect from the Peltier element is transferred using a contact plate (warm plate 160a and/or cool plate 160b) (Yamazaki; Figs. 1A-2; para. [0021]).
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 Dai flat surface at the front of the semi-spherical heating/cooling attachment 20 to include a contact plate, as taught by Yamazaki, for the purpose of ensuring good thermal conductivity for a heating or cooling effect to be transferred from a thermal element to the user’s skin (Yamazaki; para. [0021]).
Dai does not disclose at least one battery positioned within the node housing; where the at least one battery supplies power to the heating element independent of whether or not the node housing is coupled to the independently powered massager; a first user controller positioned on the node housing, where the first user controller is configured to allow the user to heat the contact plate to at least two pre-determined temperatures.
However, Pepe teaches a massage device (Pepe; abstract) wherein at least one battery is positioned within the node housing (power source 160, which can be a battery, is inside the housing of massage head 100) (Pepe; Fig. 11; para. [0042]); where the at least one battery supplies power to the heating element independent of whether or not the node housing is coupled to the independently powered massager (massage head 100 has the power source 160, power switch 126, heating element 112, and vibration generator 162 inside of itself, and as such the massage head 100 is capable of being operated independently of the rest of the device to apply the heating or vibration effect to a user as powered by the power source 160) (Pepe; Fig. 11; para. [0042]); a first user controller positioned on the node housing, where the first user controller is configured to allow the user to heat the contact plate to at least one pre-determined temperature (power switch 126 on the massage head 100 housing enables the user to turn on/off the heating element 112, and so would be able to heat the massage head 100 to least one temperature) (Pepe; Fig. 11; para. [0042]). Moreover, Barasch teaches a massager device (Barasch; abstract) where the first user controller is configured to allow the user to heat the contact plate to at least two pre-determined temperatures (Barasch separate controls for heating and cooling shaft 118 can each have a selection of settings for intensity, such as high, medium, low) (Barasch; Fig. 3; para. [0046]; para. [0055]).
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 Dai node housing such that at least one battery is positioned within the node housing; where the at least one battery supplies power to the heating element independent of whether or not the node housing is coupled to the independently powered massager; a first user controller positioned on the node housing, where the first user controller is configured to allow the user to heat the contact plate to at least two pre-determined temperatures, as taught by Pepe, for the purpose of allowing a user to choose between operating the node housing with or without the independently powered massager or handle as desired. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Dai first user controller to be configured to allow the user to heat the contact plate to at least two pre-determined temperatures, as taught by Barasch, for the purpose of allowing a user more control over the device operation (Barasch; para. [0046]; para. [0055]).
Dai does not disclose an outer mounting sleeve positioned around at least a portion of the shaft, where the outer mounting sleeve couples the temperature-controlled massage node to the independently powered massager by friction fit.
However, Williams teaches a massage tool (Williams; abstract) including an outer mounting sleeve positioned around at least a portion of the shaft, where the outer mounting sleeve couples the temperature-controlled massage node to the independently powered massager by friction fit (o-ring 42 positioned around rod 5, and which couples the body follower 7 to the shaft 7 of hand-held reciprocating motor 3 via friction as seen in Fig. 4; alternatively, the o-ring 42 is the mounting sleeve and the shaft is rod 5, swivel 47, swivel retaining shaft 67, and/or cylinder around the swivel retaining shaft 67 as seen in Fig. 16; alternatively, the o-ring 42 and cylinder around the swivel retaining shaft 67 is the mounting sleeve and the shaft is rod 5, swivel 47, and/or swivel retaining shaft 67 as seen in Fig. 16) (Williams; Figs. 1, 4, 14-16; para. [0043]; para. [0048]; para. [0058]).
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 Dai shaft to include an outer mounting sleeve positioned around at least a portion of the shaft, where the outer mounting sleeve couples the temperature-controlled massage node to the independently powered massager by friction fit, as taught by Williams, for the purpose of providing a specific suitable connection mechanism which provides sufficient friction to maintain the engagement within the massage tool during operation (Williams; para. [0048]), thereby ensuring the secure connection between parts during operation of the device.
Regarding claim 22, the modified Dai teaches where the outer mounting sleeve includes an outer sleeve and grooves (cylinder around the swivel retaining shaft 67 has a groove for o-ring 42 and a groove for shaft 67) (Williams; Fig. 16; para. [0058]).
Regarding claim 23, the modified Dai teaches where the shaft includes has an open center (Dai fastening contact 23 is a hollow cylinder; alternatively, the Williams cylinder around the swivel retaining shaft 67 has an open center through its proximal end 13) (Dai, Figs. 16, 18; Williams, Fig. 16, para. [0058]).
Regarding claim 24, the modified Dai teaches where the independently powered massager includes a node mount, and where the shaft of the temperature-controlled massage node frictionally fits within an interior of the node mount (reciprocating motor 3 has a reciprocating shaft 17, into which the rod 5, retaining shaft 67, and/or cylinder around the swivel retaining shaft 67 is fit via friction from the o-ring 42) (Williams; Figs. 1, 4, 14-16; para. [0043]; para. [0048]; para. [0058]).
Regarding claim 25, the modified Dai teaches where the temperature-controlled massage node further comprises includes a fan positioned within the node housing (cooling vent/fan 18 mounted in the housing shell for the heating/cooling attachment 17, and which would be powered by the battery 5) (Dai; Figs. 16, 18; para. [0098]; para. [0116]).
Regarding claim 26, the modified Dai teaches where the shaft of the temperature-controlled massage node comprises a first portion having a first outer diameter and a second portion having a second outer diameter greater than the first outer diameter (rod 5 has an outer diameter greater than the outer diameter of swivel retaining shaft 67) (Williams; Fig. 16; para. [0058]).
Regarding claim 27, the modified Dai teaches where the outer mounting sleeve is positioned on the first outer diameter (the cylinder around the swivel retaining shaft 67 is positioned on the outer diameter of the swivel retaining shaft 67) (Williams; Fig. 16; para. [0058]).
Regarding claim 28, the modified Dai teaches where the shaft of the temperature-controlled massage node includes a step transition between the first portion and the second portion (there is a step transition between the rod 5 and swivel retaining shaft 67 outer diameters at swivel 47) (Williams; Fig. 16; para. [0058]).
Response to Arguments
Applicant's arguments filed 9/19/2025 have been fully considered but they are not persuasive.
On page 6 in the “Claim Objections” section of the Applicant’s remarks, the Applicant argues that claims have been amended to overcome the claim objections of the previous office action. The Examiner agrees, and has thus withdrawn those claim objections.
Applicant’s arguments on pages 6-7 of the Applicant’s remarks with respect to the newly amended independent claim 16 have been considered but are moot in view of new grounds of rejection with new additional Pepe and Jacobs references being used in the current rejection as discussed above.
Applicant’s arguments on page 8 of the Applicant’s remarks with respect to the newly amended independent claim 21 have been considered but are moot in view of new grounds of rejection with new additional Williams reference being used in the current rejection as discussed above.
Conclusion
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785