DETAILED ACTION
This office action is in response to the claims filed 9/15/2025. As directed by the amendment, claims 1, 7, 15, and 17-18 have been amended, claim 2 has been cancelled, and no claims have been newly added. Thus, claims 1 and 3-20 are presenting pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 of this title, 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim 1, 3-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe (2020/0261306) in view of Coleman, Jr (2012/0043364) and Dai et al (2021/0128402).
Regarding claim 1, Pepe teaches a handheld massaging device (10) including: a longitudinally extending body (11) (housing (11) defines a base (22), a handle portion (12), a motor receiving portion (20), a shaft portion (16), and a battery portion (14)) (para [0028]) having first and second ends and a gripping surface (as shown in fig 2, housing (11) includes a first end at the bottom of the housing proximate the base (22) a second end at the top of the housing (11) proximate the shaft portion (16), and a gripping surface (46, 48) along the handle portion (12)) (para [0030]); a second trigger (26) (trigger) proximate the second end (as shown in fig 1, trigger (26) is disposed proximate the second (top) end of the device) (fig 1, para [0030]); a motor disposed in the longitudinally extending body (11) (electric motor is securely and operatively positioned within the motor receiving portion (20) of the longitudinally extending body (11)); a battery (38) disposed in the longitudinally extending body (disposed in the battery portion (14) of the longitudinal extending body (11)) (para [0029]); and a massage attachment (30) (applicator head) attached to the longitudinally extending body (11) at the second end proximate the second trigger (26) (applicator head (30) is rotatably connected to the electrical motor via a shaft (18), and as shown in fig 4, is disposed at the second (top) end of the housing (11) proximate the second trigger (26)) (para [0029]); wherein the longitudinally extending body has a longitudinal axis, wherein the gripping surface (46, 48) extends along the longitudinal axis (axis extending along the handle portion (12) shown in fig 1), wherein the gripping surface (46, 48) extends along the longitudinal axis (see fig 1).
Pepe does not disclose a first trigger proximate the first end.
However, Coleman in figs 1-5 teaches a stapler device with a dual trigger mechanism including a housing having a handle (24) having a griping surface, a first trigger (67) (secondary trigger) proximate a first end of the housing (secondary trigger (67) is disposed proximate a first (bottom) end of the housing that is proximate the power source P), and a second trigger (30) (primary trigger) proximate a second end of the housing (primary trigger (30) is disposed proximate a second (top) end of the housing that is proximate the front guide (55)) (para [0020]), wherein the first and second triggers include an actuator (92) (valve) (para [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Pepe by providing a first trigger proximate the first end as taught by Coleman in order to allow the device to give ready access to a trigger regardless of the orientation of the device with regards to the user (Coleman, para [0002]).
The now-modified Pepe’s device discloses a connection mechanism between the shaft (18 of Pepe) and the massage attachment (30 of Pepe) comprising a threaded connection (Pepe, para [0039]).
Modified Pepe does not disclose the massage attachment includes a shaft, and the shaft of the massage attachment is removably attached to the body at the second end.
However, Dai in figs 20-22 teaches a percussive massage device including a housing (as shown in fig 21, massage device shown on left side includes a housing) and in fig 21 massage attachment (heating/cooling attachment), wherein the massage attachment is shown to have a shaft with lock pins (2001, 2002) on both sides (para [0121]), and in fig 21 discloses the shaft configured to connect to lock slots (2101, 2103) in the housing of the massage device (para [0123]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by substituting the threaded attachment connection mechanism between the massage attachment and the shaft with an attachment connection mechanism wherein the massage attachment includes a shaft including lock pins and the massage device includes lock slots at taught by Dai in order for the device to be configured to connect to a massage attachment with a heating/cooling function which can remain in place during a high speed percussion massage, which is critical for the user’s safety (Dai, para [0124]).
The now-modified Pepe’s device does not explicitly disclose the shaft has a longitudinal axis parallel to or coaxial with the longitudinal axis; however, Pepe discloses that the shaft (18) is disposed within the shaft portion (16) which is configured to rotate up to 175 degrees (para [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the shaft portion of modified Pepe by rotating the shaft portion to have a longitudinal axis parallel to or coaxial with the longitudinal axis of the longitudinally extending body as taught by Pepe in order to position the massage device to comfortably reaching user's back for massaging using the massage device (Pepe, para [0029]). The now-modified Pepe device’s shaft is considered to have a longitudinal axis parallel to or coaxial with the longitudinal axis of the longitudinally extending body, because as shown in fig 1 of Pepe, the shaft (18) extends parallel to the shaft portion (16), and therefore if the shaft portion (16) is rotated to be parallel to the longitudinal axis of the handle portion (12) of the longitudinally extending body (11), the shaft (18) disposed within the shaft portion (16) would also be parallel to the longitudinal axis of the longitudinally extending body.
Regarding claim 3, the modified Pepe’s reference discloses the gripping surface (24 of Coleman) can be grasped by a user in a first orientation with the massage attachment pointing in a first direction where the user's index finger activates the first trigger (as shown in fig 4 of Coleman, when device is in the reverse position or in any position where the heel of the operator’s hand is near the primary trigger (30 of Coleman), operator can grasp the gripping surface to operate first trigger (67 of Coleman)), and a second orientation with the massage attachment pointing in a second direction opposite the first direction where the user's index finger activates the second trigger (as shown in fig 3 of Coleman, operator can operate grasp the gripping surface and to operate the second trigger (30 of Coleman) and point the device in a second orientation with the massage attachment pointing in a second direction opposite the first direction) (Coleman, para [0023]).
Regarding claim 4, the modified Pepe’s reference, as shown in figs 3-4 of Coleman, disclose the gripping surface includes first, second, and third grip locations between the first (67 of Coleman) and second triggers (30 of Coleman), wherein in the first orientation the user's fingers rest on the first trigger and the first, second and third grip locations (as shown in fig 4 of Coleman, in the first orientation, the user’s index finger rests on the first trigger (67 of Coleman), the user’s middle finger rests on a first grip location proximate the first trigger, the user’s ring finger rests on a second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a third grip location proximate the second trigger), and wherein in the second orientation the user's fingers rest on the second trigger (30 of Coleman) and the third, second, and first grip locations (as shown in fig 3 of Coleman, in the second orientation, the user’s index finger rests on the second trigger (30 of Coleman), the user’s middle finger rests on the third grip location proximate the second trigger, the user’s ring finger rests on the second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a first grip location proximate the first trigger).
Regarding claim 6, modified Pepe discloses a lock on the second trigger (26 of Pepe) to lock the respective trigger in an on position (trigger (26 of Pepe) can be enabled to turn on and turn off the massage device (10 of Pepe), and therefore can lock the massage device in an on position if the trigger is used to turn on the massage device) (Pepe, para [0030]).
Modified Pepe does not disclose the first trigger includes a lock to lock the first trigger in an on position.
However, Pepe teaches a massage device including a trigger (26), wherein the trigger (26) includes a lock to lock the respective trigger in an on position (trigger (26) can be enabled to turn on and turn off the massage device (10), and therefore can lock the massage device in an on position if the trigger is used to turn on the massage device) (para [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the first trigger of modified Pepe by providing a lock to lock the first trigger in an on position as taught by Pepe in order to allow a user to turn on and off the device using the first trigger (Pepe, para [0030]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pepe, Coleman, Jr, and Dai et al as applied to claim 1, and further in view of Wersland (2016/0367425).
Regarding claim 5, modified Pepe discloses a first and second trigger.
Modified Pepe does not disclose each of the first and second triggers includes a safety.
However, Wersland teaches a massage device (100) (treatment device) including a trigger (104), wherein the trigger (104) includes a safety (202) (trigger lock (202) is configured to lock the trigger (104) so that the device (100) cannot be operated unless a user deactivates the trigger lock (202)) (Wersland, para [0038]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing each of the first and second triggers with a safety comprising a trigger lock as taught by Wersland in order to allow a user to restrict activation of the first and second triggers so that device cannot be operated unless a user deactivates the safety for a respective first and/or second trigger (Wersland, para [0038]).
Claim 7, 13-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe in view of Coleman, Jr.
Regarding claim 7, Pepe teaches a handheld massaging device (10) including: a single elongated body (11) (single elongated housing (11) defines a base (22), a handle portion (12), a motor receiving portion (20), a shaft portion (16), and a battery portion (14)) (para [0028]) having first and second ends and a gripping surface (46, 48) extending along a side of the single elongated body (11) along a longitudinal axis of the single elongated body (as shown in fig 2, single elongated housing (11) includes a first end at the bottom of the housing proximate the base (22) and a second end at the top of the housing (11) proximate the shaft portion (16), and a gripping surface (46, 48) extending along a side of the single elongated body (11) along a longitudinal axis (axis extending along the handle portion (12) shown in fig 1)); a second trigger (26) (trigger) extending from the gripping surface (46; 48) proximate the second end (as shown in fig 1, trigger (26) is disposed proximate the second (top) end of the device) (fig 1, para [0030]); a motor disposed in the single elongated body (11) (electric motor is securely and operatively positioned within the motor receiving portion (20) of the single elongated body (11)); and a massage attachment (30) (applicator head) removably attached to the body (applicator head (30) is configured to threadably connected to one end of the shaft (18)) at the second end and configured to be driven by the motor (applicator head (30) is rotatably connected to the electrical motor via a shaft (18), and as shown in fig 4, is disposed at the second (top) end of the housing (11)) (para [0029]).
Pepe does not disclose a first trigger proximate the first end.
However, Coleman in figs 1-5 teaches a stapler device with a dual trigger mechanism including a housing having a handle (24) having a griping surface, a first trigger (67) (secondary trigger) proximate a first end of the housing (secondary trigger (67) is disposed proximate a first (bottom) end of the housing that is proximate the power source P), and a second trigger (30) (primary trigger) proximate a second end of the housing (primary trigger (30) is disposed proximate a second (top) end of the housing that is proximate the front guide (55)) (para [0020]), wherein the first and second triggers include an actuator (92) (valve) (para [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Pepe by providing a first trigger proximate the first end as taught by Coleman in order to allow the device to give ready access to a trigger regardless of the orientation of the device with regards to the user (Coleman, para [0002]).
Regarding claim 13, the modified Pepe’s reference discloses the gripping surface (24 of Coleman) can be grasped by a user in a first orientation with the massage attachment pointing in a first direction where the user's index finger activates the first trigger (as shown in fig 4 of Coleman, when device is in the reverse position or in any position where the heel of the operator’s hand is near the primary trigger (30 of Coleman), operator can grasp the gripping surface to operate first trigger (67 of Coleman)), and a second orientation with the massage attachment pointing in a second direction opposite the first direction where the user's index finger activates the second trigger (as shown in fig 3 of Coleman, operator can operate grasp the gripping surface and to operate the second trigger (30 of Coleman) and point the device in a second orientation with the massage attachment pointing in a second direction opposite the first direction) (Coleman, para [0023]).
Regarding claim 14, the modified Pepe’s reference, as shown in figs 3-4 of Coleman, disclose the gripping surface includes first, second, and third grip locations between the first (67 of Coleman) and second triggers (30 of Coleman), wherein in the first orientation the user's fingers rest on the first trigger and the first, second and third grip locations (as shown in fig 4 of Coleman, in the first orientation, the user’s index finger rests on the first trigger (67 of Coleman), the user’s middle finger rests on a first grip location proximate the first trigger, the user’s ring finger rests on a second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a third grip location proximate the second trigger), and wherein in the second orientation the user's fingers rest on the second trigger (30 of Coleman) and the third, second, and first grip locations (as shown in fig 3 of Coleman, in the second orientation, the user’s index finger rests on the second trigger (30 of Coleman), the user’s middle finger rests on the third grip location proximate the second trigger, the user’s ring finger rests on the second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a first grip location proximate the first trigger).
Regarding claim 16, modified Pepe discloses a lock on the second trigger (26 of Pepe) to lock the respective trigger in an on position (trigger (26 of Pepe) can be enabled to turn on and turn off the massage device (10 of Pepe), and therefore can lock the massage device in an on position if the trigger is used to turn on the massage device) (Pepe, para [0030]).
Modified Pepe does not disclose the first trigger includes a lock to lock the first trigger in an on position.
However, Pepe teaches a massage device including a trigger (26), wherein the trigger (26) includes a lock to lock the respective trigger in an on position (trigger (26) can be enabled to turn on and turn off the massage device (10), and therefore can lock the massage device in an on position if the trigger is used to turn on the massage device) (para [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the first trigger of modified Pepe by providing a lock to lock the first trigger in an on position as taught by Pepe in order to allow a user to turn on and off the device using the first trigger (Pepe, para [0030]).
Claims 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe and Coleman, Jr as applied to claim 7 above, and further in view of Sedic (2017/0087379).
Regarding claim 8, modified Pepe discloses a battery (38 of Pepe) disposed in a battery portion (14 of Pepe) of the body (11 of Pepe) (Pepe, para [0029])
Pepe does not disclose a battery charge indicator is provided for indicating a level of charge of the battery.
However, Sedic teaches a massage device including a housing (102), wherein a battery charge indicator comprising one or more LEDS (not shown) is provided for indicating a level of charge of the battery (one or more LEDS act as an indicator and may indicate battery power levels, and can be arranged so that the LEDs illustrate a progression bar or level) (para [0032]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing a battery charge indicator comprising one or more LEDS for indicating a level of charge of the battery as taught by Sedic in order to provide an indicator to display battery power levels (Sedic, para [0032]).
Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe and Coleman, Jr as applied to claim 7 above, and further in view of Peddicord (2017/0252264).
Regarding claim 9, modified Pepe discloses a body.
Modified Pep dies not disclose a light array on the body extending along the longitudinal axis.
However, Peddicord in fig 12 teaches a massage device including a housing (111) (handle) (para [0039]), wherein the housing is provided with a light array (178) (sequentially oriented lamps) shown in fig 12 extend along a longitudinal axis of the housing (111) (para [0099]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing a light array comprising a plurality of sequentially oriented lamps on the body extending along the longitudinal axis as taught by Peddicord in order to allow the device to indicate a level of intensity applied by the device (Peddicord, para [0099]).
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe and Coleman, Jr as applied to claim 7 above, and further in view of Dai et al.
Regarding claim 10, modified Pepe discloses a massage attachment removably attached to the body.
Modified Pepe does not disclose the massage attachment includes a shaft removably attached to the body,
However, Dai in figs 20-22 teaches a percussive massage device including a housing (as shown in fig 21, massage device shown on left side includes a housing) and in fig 21 massage attachment (heating/cooling attachment), wherein the massage attachment is shown to have a shaft with lock pins (2001, 2002) on both sides (para [0121]), and in fig 21 discloses the shaft configured to connect to lock slots (2101, 2103) in the housing of the massage device (para [0123]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by substituting the threaded attachment connection mechanism between the massage attachment and the shaft with an attachment connection mechanism, wherein the massage attachment includes a shaft including lock pins and the massage device includes lock slots at taught by Dai in order for the device to be configured to connect to a massage attachment with a heating/cooling function which can remain in place during a high speed percussion massage, which is critical for the user’s safety (Dai, para [0124]).
Although the now-modified Pepe’s device does not explicitly disclose the shaft has a longitudinal axis parallel to or coaxial with the longitudinal axis, Pepe discloses that the shaft (18 of Pepe) is disposed within the shaft portion (16 of Pepe) which is configured to rotate up to 175 degrees (Pepe, para [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the shaft portion of modified Pepe by rotating the shaft portion to have a longitudinal axis parallel to or coaxial with the longitudinal axis of the body as taught by Pepe in order to position the massage device to comfortably reaching user's back for massaging using the massage device (Pepe, para [0029]). The now-modified Pepe device’s shaft is considered to have a longitudinal axis parallel to or coaxial with the longitudinal axis of the body, because as shown in fig 1 of Pepe, the shaft (18) extends parallel to the shaft portion (16), and therefore if the shaft portion (16) is rotated to be parallel to the longitudinal axis of the handle portion (12) of the body (11), the shaft (18) disposed within the shaft portion (16) would also be parallel to the longitudinal axis of the body.
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe and Coleman, Jr as applied to claim 7 above, and further in view of Dai et al, or, in the alternative, as being unpatentable over Pepe, Coleman, Jr, and Dai et al, and further in view of Lee et al (2020/0085675).
Regarding claim 11, modified Pepe discloses a massage attachment removably attached to the body.
Modified Pepe does not disclose the massage attachment includes a release lock biased in a first position to prevent removal of the massage attachment and movable to a second position to allow removal of the massage attachment.
However, Dai in figs 20-22 teaches a percussive massage device including a housing (as shown in fig 21, massage device shown on left side includes a housing) and in fig 21 a massage attachment (heating/cooling attachment), wherein the massage attachment a release lock including lock pins (2001, 2002) on both sides (para [0121]), and in fig 21 discloses the locking pins (2102, 2104) configured to connect to lock slots (2101, 2103) in the housing of the massage device (para [0123]), wherein the lock pins (2102) are shown be configured to be in a first position to prevent removal of the massage attachment (when lock pins (2102, 2104) connect to the lock slots (2101, 2103), respectively, so the connection is secured between the massage attachment and the body of the massage device) (para [0123]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by substituting the threaded attachment connection mechanism between the massage attachment and the shaft with an attachment connection mechanism, wherein the massage attachment includes a release lock comprising a pair of lock pins configured to be in a first position to prevent removal of the massage attachment as taught by Dai in order for the device to be configured to connect to a massage attachment with a heating/cooling function which can remain in place during a high speed percussion massage, which is critical for the user’s safety (Dai, para [0124]). As best understood by examiner, the locking pin connection mechanism of modified Pepe is considered to include a release lock biased in a first position to prevent removable of the massage attachment, as the locking pins shown in figs 20-22 appear to include a locking tab that would be biased in a first position when engaged with the locking slots, and movable to a second position to disengage the locking pins from the locking slots when the locking pins are pushed inwardly to remove the massage attachment from the body of the massage device.
Although the modified Pepe’s device does not explicitly disclose that the locking pins of the first lock are biased in a first position to prevent removable of the massage attachment and movable to a second position to allow removal of the massage attachment, in the alternative, Lee in figs 2-3 teaches a massage device (10) including a massage body having a second handle portion (14), and a massage attachment (15) (extension handle) removable connectable to the second handle portion (14) of massage body, wherein the massage attachment includes a release lock (18) (biased locking tab) biased in a first position (locking tabs are biased) to prevent removal of the massage attachment (15) (as shown in fig 2, release lock (18) is biased in a first position to engage second handle portion (14) to prevent removable of the massage attachment (15)) (para [0038]) and movable to a second position to allow removal of the massage attachment (15) (when a user presses on release button (52), release lock (18) is moved to a second position which disengages release lock (18) from second handle portion (14) to allow the massage attachment (15) to be removed (para [0038]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the locking pins of modified Pepe by configuring the locking pins to be locking tabs biased in a first position to prevent removable of the massage attachment and movable to a second position to allow removal of the massage attachment as taught by Lee in order to providing a locking mechanism so that the massage attachment can be added or removed from the device with ease (Lee, para [0007]).
Claims 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe and Coleman, Jr as applied to claim 7 above, and further in view of Lowe et al (2022/0202644).
Regarding claim 12, modified Pepe discloses a gripping surface.
Modified Pepe does not disclose the gripping surface includes a plurality of curved grip locations for a user's fingers.
However, Lowe in fig 1 teaches a massage device including a handle (11) having a gripping surface, wherein the gripping surface includes a plurality of curved grip locations (19) (finger indents) for a user’s fingers (para [0015]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing the gripping surface with includes a plurality of curved grip locations for a user's fingers as taught by Lowe in order to allow for a more comfortable grip when using the device (Lowe, para [0015]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Pepe and Coleman, Jr et al as applied to claim 7, and further in view of Wersland.
Regarding claim 15, modified Pepe discloses a first and second trigger.
Modified Pepe does not disclose each of the first and second triggers includes a safety that is engageable to prevent unintentional activation of the respective first and second triggers.
However, Wersland teaches a massage device (100) (treatment device) including a trigger (104), wherein the trigger (104) includes a safety (202) (trigger lock (202) is configured to be engageable to prevent unintentional activation of the trigger (104) (trigger lock (204) is configured to lock the trigger (104) so that the device (100) cannot be operated unless a user deactivates the trigger lock (202)) (Wersland, para [0038])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing each of the first and second triggers with a safety comprising a trigger lock that is engageable to prevent unintentional activation of the respective trigger as taught by Wersland in order to allow a user to restrict activation of the first and second triggers so that device cannot be operated unless a user deactivates the safety for a respective first and/or second trigger (Wersland, para [0038]).
Claims 17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pepe in view of Lowe et al, Coleman, Jr, and Dai et al.
Regarding claim 17, Pepe discloses a handheld massaging device (10) including: a single elongated body (11) (housing (11) defines a base (22), a handle portion (12), a motor receiving portion (20), a shaft portion (16), and a battery portion (14)) (para [0028]) having first and second ends and a gripping surface (46, 48) extending along a side of the single elongated body along a longitudinal axis of the body (as shown in fig 2, single elongated housing (11) includes a first end at the bottom of the housing proximate the base (22) and a second end at the top of the single elongated housing (11) proximate the shaft portion (16), and a gripping surface (46, 48) extending along a longitudinal axis of the handle portion (12) of the body (11))); a second trigger (26) (trigger) proximate the second end (as shown in fig 1, trigger (26) is disposed proximate the second (top) end of the device) (fig 1, para [0030]); a motor disposed in the single elongated body (11) (electric motor is securely and operatively positioned within the motor receiving portion (20) of the single elongated body (11)); and a massage attachment (30) (applicator head) removably attached to the single elongated body (applicator head (30) is configured to threadably connected to one end of the shaft (18)) and configured to be driven by the motor (applicator head (30) is rotatably connected to the electrical motor via a shaft (18), and as shown in fig 4, is disposed at the second (top) end of the housing (11)) (para [0029]).
Pepe does not disclose the gripping surface including a plurality of curved grip locations for a user's fingers.
However, Lowe in fig 1 teaches a massage device including a handle (11) having a gripping surface, wherein the gripping surface includes a plurality of curved grip locations (19) (finger indents) for a user’s fingers (para [0015]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing the gripping surface with includes a plurality of curved grip locations for a user's fingers as taught by Lowe in order to allow for a more comfortable grip when using the device (Lowe, para [0015]).
The now-modified Pepe’s device does not disclose a first trigger proximate the first end.
However, Coleman in figs 1-5 teaches a stapler device with a dual trigger mechanism including a housing having a handle (24) having a griping surface, a first trigger (67) (secondary trigger) proximate a first end of the housing (secondary trigger (67) is disposed proximate a first (bottom) end of the housing that is proximate the power source P), and a second trigger (30) (primary trigger) proximate a second end of the housing (primary trigger (30) is disposed proximate a second (top) end of the housing that is proximate the front guide (55)) (para [0020]), wherein the first and second triggers include an actuator (92) (valve) (para [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Pepe by providing a first trigger proximate the first end as taught by Coleman in order to allow the device to give ready access to a trigger regardless of the orientation of the device with regards to the user (Coleman, para [0002]).
The now-modified Pepe’s device discloses a connection mechanism between the shaft (18 of Pepe) and the massage attachment (30 of Pepe) comprising a threaded connection (Pepe, para [0039]).
Modified Pepe does not disclose the massage attachment includes a shaft, and the shaft of the massage attachment is removably attached to the single elongated body at the second end.
However, Dai in figs 20-22 teaches a percussive massage device including a housing (as shown in fig 21, massage device shown on left side includes a housing) and in fig 21 massage attachment (heating/cooling attachment), wherein the massage attachment is shown to have a shaft with lock pins (2001, 2002) on both sides (para [0121]), and in fig 21 discloses the shaft configured to connect to lock slots (2101, 2103) in the housing of the massage device (para [0123]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by substituting the threaded attachment connection mechanism between the massage attachment and the shaft with an attachment connection mechanism, wherein the massage attachment includes a shaft including lock pins and the massage device includes lock slots at taught by Dai in order for the device to be configured to connect to a massage attachment with a heating/cooling function which can remain in place during a high speed percussion massage, which is critical for the user’s safety (Dai, para [0124]).
Although the now-modified Pepe’s device does not disclose the shaft has a longitudinal axis parallel to or coaxial with the longitudinal axis, Pepe discloses that the shaft (18 of Pepe) is disposed within the shaft portion (16 of Pepe) which is configured to rotate up to 175 degrees (Pepe, para [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the shaft portion of modified Pepe by rotating the shaft portion to have a longitudinal axis parallel to or coaxial with the longitudinal axis of the body as taught by Pepe in order to position the massage device to comfortably reaching user's back for massaging using the massage device (Pepe, para [0029]). The now-modified Pepe device’s shaft is considered to have a longitudinal axis parallel to or coaxial with the longitudinal axis of the body, because as shown in fig 1 of Pepe, the shaft (18) extends parallel to the shaft portion (16), and therefore if the shaft portion (16) is rotated to be parallel to the longitudinal axis of the handle portion (12) of the body (11), the shaft (18) disposed within the shaft portion (16) would also be parallel to the longitudinal axis of the body.
Regarding claim 19, the modified Pepe’s reference, as shown in figs 3-4 of Coleman discloses the gripping surface (24 of Coleman) can be grasped by a user in a first orientation with the massage attachment pointing in a first direction where the user's index finger activates the first trigger (as shown in fig 4 of Coleman, when device is in the reverse position or in any position where the heel of the operator’s hand is near the primary trigger (30 of Coleman), operator can grasp the gripping surface to operate first trigger (67 of Coleman)), and a second orientation with the massage attachment pointing in a second direction opposite the first direction where the user's index finger activates the second trigger (as shown in fig 3 of Coleman, operator can operate grasp the gripping surface and to operate the second trigger (30 of Coleman) and point the device in a second orientation with the massage attachment pointing in a second direction opposite the first direction) (Coleman, para [0023]).
Regarding claim 20, the modified Pepe’s reference, as shown in figs 3-4 of Coleman, disclose the gripping surface includes first, second, and third grip locations between the first (67 of Coleman) and second triggers (30 of Coleman), wherein in the first orientation the user's fingers rest on the first trigger and the first, second and third grip locations (as shown in fig 4 of Coleman, in the first orientation, the user’s index finger rests on the first trigger (67 of Coleman), the user’s middle finger rests on a first grip location proximate the first trigger, the user’s ring finger rests on a second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a third grip location proximate the second trigger), and wherein in the second orientation the user's fingers rest on the second trigger (30 of Coleman) and the third, second, and first grip locations (as shown in fig 3 of Coleman, in the second orientation, the user’s index finger rests on the second trigger (30 of Coleman), the user’s middle finger rests on the third grip location proximate the second trigger, the user’s ring finger rests on the second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a first grip location proximate the first trigger).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Pepe, Lowe et al, Coleman, Jr, and Dai et al as applied to claim 17, and further in view of Wersland.
Regarding claim 18, modified Pepe discloses a first and second trigger.
Modified Pepe does not disclose each of the first and second triggers includes a safety that is engagable to prevent unintentional activation of the respective switch.
However, Wersland teaches a massage device (100) (treatment device) including a trigger (104), wherein the trigger (104) includes a safety (202) (trigger lock (202) is configured to be engagable to prevent unintentional activation of the trigger (104) (trigger lock (204) is configured to lock the trigger (104) so that the device (100) cannot be operated unless a user deactivates the trigger lock (202)) (Wersland, para [0038])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Pepe by providing each of the first and second triggers with a safety comprising a trigger lock that is engagable to prevent unintentional activation of the respective trigger as taught by Wersland in order to allow a user to restrict activation of the first and second triggers so that device cannot be operated unless a user deactivates the safety for a respective first and/or second trigger (Wersland, para [0038]).
Claims 1, 3-4, 7, 10, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (2017/0172837) in view of Coleman, Jr.
Regarding claim 1, Yang in figs 1-3 discloses a handheld massaging device including: a longitudinally extending body (20) main body) having first and second ends and a gripping surface (as shown in fig 3, longitudinally extending body (20) includes a first (left) end and a second (right) end, with a gripping surface (see fig 2)); a switch (49) (on/off switch) for activating the device) (para [0065]); a motor (42, 44) (first, second electric motor) disposed in the longitudinally extending body (20) (fig 3, para [0064]); a battery (45) disposed in the longitudinally extending body (20) (para [0064]); and a massage attachment (30) (treatment) having a shaft (33) (connector is shown in fig 4 to be a hollow shaft configured to connect to a drive shaft (45) (para [0051]) removably attached to the lonqitudinally extending body (20) at the second end (as shown in fig 3, treatment head (30) connects to the longitudinal extending body (20) at the right (second) end of the body (20)) (par [0051]),wherein the longitudinally extending body (20) has a longitudinal axis (110a) (device axis) (fig 2, para [0048]), wherein the gripping surface extends along the longitudinal axis (as shown in figs 1-2, outer gripping surface extends along a longitudinal gripping surface of the body (20)), and wherein the shaft (35) has a longitudinal axis parallel to or coaxial with the longitudinal axis (device axis (110a) and treatment head axis (130a) can be parallel with a mutual angle of 0°) (para [0048]).
Yang does not disclose the switch comprises a first trigger proximate the first end; and a second trigger proximate the second end.
However, Coleman in figs 1-5 teaches a stapler device with a dual trigger mechanism including a housing having a handle (24) having a griping surface, a first trigger (67) (secondary trigger) proximate a first end of the housing (secondary trigger (67) is disposed proximate a first (bottom) end of the housing that is proximate the power source P), and a second trigger (30) (primary trigger) proximate a second end of the housing (primary trigger (30) is disposed proximate a second (top) end of the housing that is proximate the front guide (55)) (para [0020]), wherein the first and second triggers include an actuator (92) (valve) (para [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Yang configuring the switch mechanism to have a first trigger proximate the first end and a second trigger proximate the second end as taught by Coleman in order to allow the device to give ready access to a trigger regardless of the orientation of the device with regards to the user (Coleman, para [0002]). The now-modified Yang’s device discloses that the massage attachment shaft has a shaft attached at the second end proximate the second trigger, as Yang discloses the shaft (33) is attached to the second (right) end (of the body (20) (Yang, fig 3), and Coleman discloses the second trigger (30) is disposed proximate a second (top) end of the housing (Coleman, para [0020]).
Regarding claim 3, the modified Yang’s reference discloses the gripping surface (24 of Coleman) can be grasped by a user in a first orientation with the massage attachment pointing in a first direction where the user's index finger activates the first trigger (as shown in fig 4 of Coleman, when device is in the reverse position or in any position where the heel of the operator’s hand is near the primary trigger (30 of Coleman), operator can grasp the gripping surface to operate first trigger (67 of Coleman)), and a second orientation with the massage attachment pointing in a second direction opposite the first direction where the user's index finger activates the second trigger (as shown in fig 3 of Coleman, operator can operate grasp the gripping surface and to operate the second trigger (30 of Coleman) and point the device in a second orientation with the massage attachment pointing in a second direction opposite the first direction) (Coleman, para [0023]).
Regarding claim 4, the modified Yang’s reference, as shown in figs 3-4 of Coleman, disclose the gripping surface includes first, second, and third grip locations between the first (67 of Coleman) and second triggers (30 of Coleman), wherein in the first orientation the user's fingers rest on the first trigger and the first, second and third grip locations (as shown in fig 4 of Coleman, in the first orientation, the user’s index finger rests on the first trigger (67 of Coleman), the user’s middle finger rests on a first grip location proximate the first trigger, the user’s ring finger rests on a second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a third grip location proximate the second trigger), and wherein in the second orientation the user's fingers rest on the second trigger (30 of Coleman) and the third, second, and first grip locations (as shown in fig 3 of Coleman, in the second orientation, the user’s index finger rests on the second trigger (30 of Coleman), the user’s middle finger rests on the third grip location proximate the second trigger, the user’s ring finger rests on the second grip location proximate a middle of the gripping surface, and the user’s pinky rests on a first grip location proximate the first trigger).
Regarding claim 7, Yang discloses a handheld massaging device including: a single elongated body (20) main body) having first and second ends and a gripping surface (as shown in fig 3, single elongated body (20) includes a first (left) end and a second (right) end, with a gripping surface extending along a longitudinal axis (110a) of the single elongated body (20) (see fig 2)); a switch (49) (on/off switch) for activating the device (para [0065]), a motor (42, 44) (first, second electric motor) disposed in the longitudinally extending body (20) (fig 3, para [0064]); and a massage attachment (30) (treatment head) removably attached to the single elongated body (20) at the second (right) end (as shown in fig 3, treatment head (30) connects to the longitudinal extending body (20) at the right (second) end of the body (20)) (par [0051]) and configured to be driven by the motor (42, 44) (para [0064]).
Yang does not disclose a first trigger extending from the gripping surface proximate the first end; a second trigger extending from the gripping surface proximate the second end;
However, Coleman in figs 1-5 teaches a stapler device with a dual trigger mechanism including a housing having a handle (24) having a griping surface, a first trigger (67) (secondary trigger) proximate a first end of the housing (secondary trigger (67) is disposed proximate a first (bottom) end of the housing that is proximate the power source P), and a second trigger (30) (primary trigger) proximate a second end of the housing (primary trigger (30) is disposed proximate a second (top) end of the housing that is proximate the front guide (55)) (para [0020]), wherein the first and second triggers include an actuator (92) (valve) (para [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Yang by configuring the switch mechanism to have a first trigger proximate the first end and a second trigger proximate the second end as taught by Coleman in order to allow the device to give ready access to a trigger regardless of the orientation of the device with regards to the user (Coleman, para [0002]).
Regarding claim 10, Yang in fig 4 discloses the massage attachment (30) includes a shaft (33) (connector is shown in fig 4 to be configured as a hollow shaft) removable attached to the body (20) (attached to the drive shaft (41) on second end of body (20)) (para [0051]), the shaft (33) extending in a direction along the longitudinal axis (110a) (as shown in fig 2, treatment head axis (130a) and device axis (110a) are aligned parallel to have a mutual angle of 0° (para [0048]).
Regarding claim 13, the modified Yang’s reference discloses the gripping surface (24 of Coleman) can be grasped by a user in a first orientation with the massage attachment pointing in a first direction where the user's index finger activates the first trigger (as shown in fig 4 of Coleman, when device is in the reverse position or in any position where the heel of the operator’s hand is near the primary trigger (30 of Coleman), operator can grasp the gripping surface to operate first trigger (67 of Coleman)), and a second orientation with the massage attachment pointing in a second direction opposite the first direction where the user's index finger activates the second trigger (as shown in fig 3 of Coleman, operator can operate grasp the gripping surface and to operate the second trigger (30 of Coleman) and point the device in a second orientation with the massage attachment pointing in a second direction opposite the first direction) (Coleman, para [0023]).
Regarding claim 14, the modified Yang’s reference, as shown in figs 3-4 of Coleman, disclose the gripping surface includes first, second, and third grip locations between the first (67 of Coleman) and second triggers (30 of Coleman), wherein in the first orientation the user's fingers rest on the first trigger and the first, second and third grip locations (as shown in fig 4 of Coleman, in the first orientation, the user’s index finger rests on the first trigger (67 of Coleman), the user’s middle finger rests on a first grip location proximate the first trigger, the user’s ring finger rests on a second grip location proximate a middle of