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 .
Status of Claims
The present Office action is responsive to the application as filed on 01-08-2022. As directed, claims 1-6 are currently pending examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The “guide shaft” as claimed in claims 2-3 in relation to the “guide shaft sleeve” and the “piston” (Examiner notes that the guide shaft sleeve and the piston are shown, but the guide shaft does not appear in the drawings, and there further does not appear to be any openings within the piston which would “sheath” the guide shaft)
The sheathing/sleeved relationship between the “guide shaft sleeve” and the “guide rubber sleeve” (Examiner notes that the two components are shown in Figure 2, but appear to be in a side-by-side relationship rather than sheathed)
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “211” has been used to designate both the “guide sleeve cover” in Figure 2 and a portion of the “connecting rod” in Figure 3. 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. 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.
Specification
The disclosure is objected to because of the following informalities:
In paragraph 19, the terms “support silicon pad” and “support” are used to delineate each of the elements 202 and 203, however throughout the remainder of the specification and the claims, element 202 is described as “bracket silicon pad” and 203 is described as “bracket. Examiner suggests replacing the word “support” in paragraph 19 with “bracket” for consistency.
Appropriate correction is required.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
At claim 1, line 9, it is suggested that “of” be added between “surface” and “the control panel” for clarity.
At claim 2, line 1, it is suggested that “Claim” be replaced with “claim”.
At claim 2, line 3, it is suggested that “a upper bracket cover” be replaced with “an upper bracket cover” for clarity.
At claim 3, line 1, it is suggested that “Claim” be replaced with “claim”.
At claim 3, line 3, it is suggested that “the top” be replaced with “a top” as the limitation has not been previously introduced.
At claim 3, line 4, it is suggested that each iteration of “the surface” be replaced with “a surface” as the limitations have not been previously introduced.
At claim 3, line 5, it is suggested that “the end” be replaced with “an end” as the limitation has not been previously introduced.
At claim 3, line 6, it is suggested that “the top” be replaced with “a top” as the limitation has not been previously introduced.
At claim 4, line 1, it is suggested that “Claim” be replaced with “claim”.
At claim 4, line 1, it is suggested that “the bottom” be replaced with “a bottom” as the limitation has not been previously introduced.
At claim 5, line 1, it is suggested that “Claim” be replaced with “claim”.
At claim 6, line 1, it is suggested that “Claim” be replaced with “claim”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 2-6 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.
Regarding claim 2, the phrase “the output shaft of the motor” renders the claim indefinite because, no recitation of an “output shaft” respective to the motor has been previously stated, only “an output shaft of the movement” in claim 1, line 6. Thus, it is unclear if the two output shafts are the same or different components. For the purposes of examination, claim 2’s output shaft will be interpreted as “an output shaft of the motor” to give proper antecedent basis for the term, and in accordance, the two output shafts will be interpreted as being separate elements.
In order to overcome the rejection, it is suggestion that Applicant replace “the output shaft” in claim 2 with “an output shaft”.
Claims 3-4 are rejected by virtue of their dependence on claim 2.
Regarding claim 6, line 2 recites “the motor” however, as claim 6 depends from claim 1, and claim 1 does not positively recite a motor, it is unclear whether claim 6 should be written to depend from claim 2, or if “the motor” should be “a motor”. For the purposes of examination, the term will be read as “a motor”.
In order to overcome the rejection, it is suggested that Applicant amend the claim, either by amending the dependency or amending the antecedent “the” to “a” before the term.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 111514008) in view of Huang (WO 2021/051672).
Examiner notes that the citation with respect to both Wang and Huang are given relative to the provided translations.
Regarding claim 1, Wang discloses a massage gun (“rib film physical therapy gun”) (page 4: “Referring to FIG. 1 to FIG. 6, a rib film physical therapy gun”; Fig. 1), comprising:
an upper housing (11) (page 4: “As shown in FIG. 5, the shell 1 comprises a main body shell 11”; Fig. 5);
a lower housing (14) in connection with the upper housing (11) (page 4: “the handle cover 14 is set on the abdomen of the main body shell 11 for connecting the handle 15” Figs. 1 and 5);
a movement (2) disposed between the upper housing (11) and the lower housing (14) (page 4: “As shown in FIG. 6, the machine core module 2 comprises a motor 21, an eccentric block 22, a connecting rod 23, an impact shaft 24, a machine core frame 25, a guide shaft sleeve 26, a pressing cover 27 and a bearing 28; the machine core frame 25 is provided with an upward and open mounting cavity 251, one end is formed with a gun opening 252; the motor 21 through end cover or motor frame211 is locked on the bolt seat of the mounting cavity 251, and between the bolt seat is provided with a damping pad 29, reduces the motor 21 operation vibration conduction to the machine core frame 25; see Fig. 3 for positioning);
a front cover (12) sheathed at an end of the movement (2) (page 4: “the front cover 12 is formed with a gun opening sleeve 121, can be locked on the front end of the main body shell 11”; see Fig. 3 where cover 12 surrounds a front portion of movement 2 in particular at elements 25-27);
a massage head (4), mounted onto an output shaft (24) of the movement (2) (page 5: “the massage head 4 is inserted in the end of the impact shaft 24 for acting on the human body”; Figs. 3 and 5);
a control panel (131), disposed at a rear end of the movement (2) and electrically coupled with the movement (2) (page 4: “the back cover 13 is further locked with a motor control circuit board 131” insinuating that there exists an electrical connection between the motor of the movement 2 and the control circuit board; see Fig. 5 for positioning);
a back cover (13), disposed on a surface of the control panel (131) (page 4: “the back cover 13 is further locked with a motor control circuit board 131”; see Fig. 3 for positioning);
a switch button (132), disposed on the back cover (13) and electrically coupled with the control panel (131) (page 4: “the back cover 13 is further locked with a motor control circuit board 131. and the back cover 13 is convexly provided with a switch key 132”; Figs. 3 and 5);
a battery pack (3), installed at a bottom of the lower housing (14) (page 5: “the power supply module 3 is set in the handle 15; the handle 15 and the handle cover 14 form a detachable inserting; and the handle cover 14 connected with the bolt seat passes through the main body shell 11; Figs. 3 and 5, note that the power supply module 3 passes through the vertical bottom portion of the lower housing 14);
a handle sleeve (151), sheathed on an outer wall of the battery pack (3) (page 5: “More specifically, the handle 15 comprises a handle cylinder 151 and a bottom cover 152, the power supply module 3 is embedded in the handle cylinder 151”; Figs. 3 and 5);
a bottom cover (152), installed at a bottom of the battery pack (3) (page 5: “More specifically, the handle 15 comprises a handle cylinder 151 and a bottom cover 152, the power supply module 3 is embedded in the handle cylinder 151 by an external packaging shell 31; the bottom cover 152 is directly locked on the packaging shell 31; in the space between the packaging shell 31 and the bottom cover 152, is provided with a battery management of the circuit board 32, and correspondingly provided with a charging port 33 and switch 34 on the bottom cover 152” Figs. 3 and 5); and
a charging plate (32 containing 33), installed inside the bottom cover (152) and electrically coupled with the battery pack (3) (page 5: “the bottom cover 152 is directly locked on the packaging shell 31; in the space between the packaging shell 31 and the bottom cover 152, is provided with a battery management of the circuit board 32, and correspondingly provided with a charging port 33 and switch 34 on the bottom cover 152” Figs. 3 and 5).
Wang fails to explicitly disclose wherein the lower housing and the upper housing are snap-fitted.
However, Huang teaches a massage gun (“fascia gun”) which includes an upper cover (102) and a bottom shell (103) which are snap-fitted together (page 10: “As a further improvement, as shown in Figures 14 to 17, the fascia gun housing 10 includes an outer shell and an inner shell, the outer shell is sleeved on the inner shell, and the inner shell includes an upper cover 102 and a bottom shell 103 that are snapped and connected”; Fig. 15).
Given that both Wang and Huang are directed to the field of percussive massage guns, and further that each include an upper and lower housing for disposing their motor and transmission mechanisms within, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment between the upper and lower housing of Wang to be snap-fitted, as taught by Huang, as a known method of locking the two components in place to protectively house the movement.
Regarding claim 5, Wang in view of Huang disclose the massage gun as recited in claim 1, as discussed above.
Wang further discloses wherein a decorative ring (35) installed between the battery pack (3) and the bottom cover (152) (page 5: “at the edge joint of the packaging shell 31 and the bottom cover 152 is provided with an indicating lamp ring35 for indicating the charging state or the power supply using state; Figs. 3 and 5).
Regarding claim 6, Wang in view of Huang disclose the massage gun as recited in claim 1, as discussed above.
While Wang discloses the battery pack (3), a motor (21), and the control panel (131), Wang fails to explicitly disclose that the motor and the battery pack elements are electrically connected through the control panel.
However, Huang further teaches a battery pack (2) which supplies power to a control panel (11), and wherein the control panel (11) electrically connects to a motor (4) (abstract, lines 1-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to include an electrical connection between the motor and the battery pack via the control panel, as taught by Huang, in order to provide the motor with power from the battery pack to actuate movement of the massage gun, and as a known way of electrically connecting the elements in the gun.
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
While Wang further discloses several elements of claim 2 including a motor (21), bracket pads (29), a bracket (211), a rubber sleeve (261), a piston sleeve (26), a piston (24), a small bearing (right 28 in Fig. 6), a large bearing (left 28 in Fig. 6), a guide sleeve cover (252), a connecting rod (23), an eccentric wheel (22), an output shaft for the motor (see “the output shaft of the motor”) sheathed with the eccentric wheel (22) and the large bearing (28), an outer wall of the bearing (28) provided with the connecting rod (23), and another end of the of the connecting rod (23) provided with the small bearing (28), and the bracket (211) fixedly connected with one side of the motor (21) (see in particular Figures 5-6), Wang fails to disclose each of an upper bracket cover, screws, a guide rubber sleeve, and a guide shaft sleeve in addition to each of the components outlined above.
Huang fails to remedy these deficiencies, as Huang also fails to teach an upper bracket, screws, a guide shaft, a guide shaft sleeve, and a guide rubber sleeve.
Liu (US 2021/0113427) teaches screws (322) within bearings (334) (paragraph 4, lines 1-8 and Fig. 2) as claimed, but fails to remedy the previous deficiencies and teach an upper bracket cover, a guide rubber sleeve, and a guide shaft sleeve in addition to each of the components outlined above.
Shu (CN 112263459) further teaches a linear bearing (41) which is located under an upper bracket cover (42) (see Fig. 2), which may be regarded as a guide sleeve cover, or perhaps a guide shaft, however, the additional elements of claim 2 which require a guide shaft sleeve and a guide rubber sleeve are still not met.
Thus, the combination of elements and their positions as recited in the chain of claims 1-2 are not anticipated and/or rendered obvious by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Marton (US 2024/0225953) is cited for its massage gun structure shown in Figures 5-9.
Marton (US 11,723,830) is cited for its massage gun structure as shown in Figures 5 and 7.
Hu (US 2021/0022951) is cited for its massage gun structure as shown in Figure 9.
Dai (US 2021/0128402) is cited for its massage gun structure as shown in Figure 23.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAIGE K. BUGG whose telephone number is (571)272-8053. The examiner can normally be reached Monday-Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAIGE KATHLEEN BUGG/Examiner, Art Unit 3785