Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in response to the amendment filed on 07/18/2025. Per the amendment, claims 1, 4, and 7 are as currently amended; claims 2, 3, 5, 6, and 8-10 are canceled; and claim 11 is newly added. Claims 1, 4, 7, and 11 are pending in the instant application.
The objections to the drawings, specification, and claims are withdrawn in light of the amendments. The rejections pursuant to 35 U.S.C. 112(b) with respect to claims 3-7 are withdrawn in light of the amendments.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, lines 11-12: “the three installation sleeves are configured for accommodating the first massager, the second massager, and the third massager, respectively” should read “each of the three installation sleeves are configured to accommodate the first massager, the second massager, or the third massager respectively” for clarity
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Grace et al. (US 11317722 B2), in view of Reid (US 20170000680 A1).
Regarding claim 1, Grace discloses a zero-gravity folding chair (Col. 6, lines 64-65), comprising a chair body (chair frame of chair 10; Fig. 1; Col. 7, line 9) and a face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8) provided on the chair body (Fig. 8), wherein
the chair body (chair frame of chair 10; Fig. 1; Col. 7, line 9) comprises a backrest (back support 24; Fig. 1), a seat (seat support 26; Fig. 1), leg rests (36; Fig. 1) and a support frame (leg assembly 12; Fig. 1),
the backrest (back support 24; Fig. 1) and the leg rests (36; Fig. 1) are provided on both sides of the seat (seat support 26; Fig. 1, where the backrest 24 and the leg rests 36 are provided on opposite sides of the seat 26) and are connected to the seat (seat support 26; Col. 4, lines 35-37, where the leg rest is movable leg rest 36 and attached to the seat 26; Col. 4, lines 17-19, where the back support 25 is pivotally attached to the seat 26; Fig. 4), and the support frame (leg assembly 12; Fig. 1) is provided below the seat (seat support 26; see Fig. 1) and is connected to the seat (seat support 26; Col. 4, lines 8-10, where the leg assembly 12 is pivotally mounted to the seat 26; Fig. 4), and
the chair body (chair frame of chair 10; Fig. 1; Col. 7, line 9) is unfolded when in use (Col. 4, lines 2-3).
Grace does not explicitly disclose a zero-gravity massage folding chair (zero-gravity folding chair, Col. 6, lines 64-65), wherein the chair body (chair frame of chair 10; Fig. 1; Col. 7, line 9) is provided with a first massager, a second massager, and a third massager,
the face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8) is provided with three installation sleeves,
the three installation sleeves are located on a back side of the face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8),
the three installation sleeves are configured for accommodating the first massager, the second massager, and the third massager, respectively,
each of the three installation sleeves is provided with sewing threads,
the sewing threads divide a respective one of the three installation sleeves into a plurality of accommodation areas,
the first massager, the second massager, and the third massager are provided on the face fabric and are respectively disposed in the three installation sleeves,
the first massager, the second massager, and the third massager are configured to massage a shoulder, a waist and a leg of a human body lying down on a front side of the face fabric, respectively,
the first massager is provided above the backrest at the shoulder,
the second massager is provided below the backrest at the waist, and
the third massager is provided at the legs rests for the leg, the massagers are provided on the face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8).
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Reid Annotated Fig. 2B
However, Reid teaches a massage pillow ([0008], lines 1-2) comprising a plurality of massagers (plate with massage ball bodies 39, plate with massage ball bodies 41; see annotated Fig. 2B above) that massage corresponding parts of the human body ([0034], lines 7-9), wherein each massager (plate with massage ball bodies 39, plate with massage ball bodies 41; see annotated Fig. 2B above) of the plurality of massagers (plate with massage ball bodies 39, plate with massage ball bodies 41; see annotated Fig. 2B above) is a double-head or multi-head massager (Fig. 2B, where the plate with massage ball bodies 39 has two massage heads 39, and the plate with massage ball bodies 41 has two massage heads 41) and a kneading type massager ([0009], lines 3-4); an outer cover (73; Fig. 4B) and a pouch (131; Fig. 2C), wherein the pouch (131; Fig. 2C) is provided inside the outer cover (73; Fig. 4B); the pouch (131; Fig. 2C) with an inner volume to retain at least one of the plurality of massagers ([0045], lines 2-4, where the massage unit comprises the plate with massage ball bodies 39 and the plate with massage ball bodies 41, see annotated Fig. 2B) and an aperture (32; Fig. 2G), wherein the aperture (32; Fig. 2G) and the inner volume of the pouch (131; Fig. 2C) are divided by the fabric of the pouch (131; Fig. 2C; [0048], lines 14-15). Reid further teaches at least one massager (plate with massage ball bodies 39, plate with massage ball bodies 41; see annotated Fig. 2B below) of the plurality of massagers (plate with massage ball bodies 39, plate with massage ball bodies 41; see annotated Fig. 2B above) further comprise massage heads (massage ball bodies 39, 41; Fig. 2B), an electrical connector (45; Fig. 2A), a power supply cord (43; Fig. 2A), wherein at the power supply cord (43; Fig. 2A) is connected with the electrical connector (45; Fig. 2A) and the massage heads (massage ball bodies 39, 41; Fig. 2B; power supply cord 43 connects to massage unit 29 that retains the plate with massage heads 39 and the plate with massage heads 41) at the same time (Fig. 2A); and an ON/OFF switch (51; Fig. 7) on the power supply cord (43; see Fig. 2B). The zero-gravity folding chair of Grace discloses a pillow on the back support panel (62; see Fig. 1).
While Grace et al. as modified is silent to the chair body (chair frame of chair 10; Fig. 1; Col. 7, line 9) is provided with a first massager, a second massager, and a third massager, it would be obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to duplicate the massage pillow taught by Reid twice, such that a second massager (duplicate plate with massage ball bodies 39, plate with massage ball bodies 41) is provided below the backrest at the waist as it is well-known in the art that the waist is a common area to receive a massage and to place a pillow for increased comfort (Reid: [0010]), and a third massager (Reid: second duplication of plate with massage ball bodies 39, plate with massage ball bodies 41) is provided at the legs of the leg rests (Grace: 36; Fig. 1) as it is well-known in the art that the legs are a common area to receive a massage and to place a pillow for increased comfort during rest.
Grace et al. as modified does with the two duplications of duplicate the massage pillow taught by Reid (see above) teaches the face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8) is provided with three installation sleeves (Reid: Outer cover 73, duplication of outer cover 73, and second duplication of outer cover 73; Fig. 4B). Further, Grace et al. as modified teaches the three installation sleeves (Reid: Outer cover 73, duplication of outer cover 73, and second duplication of outer cover 73; Fig. 4B) are configured for accommodating the first massager, the second massager, and the third massager, respectively (Reid: massage unit 29 is located within outer cover 73, where massage unit 29 includes plate with massage ball bodies 39 and plate with massage ball bodies 41, hence all duplications of massage ball bodies 39 and plate with massage ball bodies 41 are located within a respective outer cover 73 duplication; [0045]). Grace et al. as modified above further teaches the first massager (Reid: plate with massage ball bodies 39, plate with massage ball bodies 41), the second massager (Reid: duplication of plate with massage ball bodies 39, plate with massage ball bodies 41), and the third massager (Reid: second duplication of plate with massage ball bodies 39, plate with massage ball bodies 41) are provided on the face fabric and are respectively disposed in the three installation sleeves (all three installation sleeves are provided on the face fabric, see above; all three installation sleeves are configured for accommodating the first massager, the second massager, and the third massager, respectively, see above; hence all three massagers are provided on the face fabric and are respectively disposed in the three installation sleeves).
While Grace et al. as modified does not suggest the three installation sleeves are located on a back side of the face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8), Grace et al. as modified does teach the massage pillow taught by Reid, where the massage movement occurs at the back side of the massage pillow (Reid: 85; Figs. 1, 4B; [0034], line 7). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to rearrange the positioning of each of the three installation sleeves (Reid: Outer cover 73, duplication of outer cover 73, and second duplication of outer cover 73; Fig. 4B) such that the back side of the installation sleeves (Reid: back side of outer cover 73, back side of duplication of outer cover 73, and back side of second duplication of outer cover 73; Fig. 4B) are located on a back side of the face fabric (seat panel 60, back support panel 62, leg rest panel 64; Fig. 8) to provide a massage action to a corresponding region of the user’s body when the user lays on the front side of the face fabric (Reid: [0039], line 10; [0034], lines 8-9). Grace et al. as modified above by further teaches each of the three installation sleeves (Reid: Outer cover 73, duplication of outer cover 73, and second duplication of outer cover 73; Fig. 4B) is provided with sewing threads (Reid; fabric of pouch 131, duplication of fabric of pouch 131, and second duplication of fabric of pouch 131; Figs. 2C, 2E), the sewing threads (Reid; fabric of pouch 131, duplication of fabric of pouch 131, and second duplication of fabric of pouch 131; Figs. 2C, 2E) divide a respective one of the three installation sleeves (Reid: Outer cover 73, duplication of outer cover 73, or second duplication of outer cover 73, respectively; Fig. 4B) into a plurality of accommodation areas (Reid: inner volume of pouch 131, aperture 32, for each of the respective outer covers 73; Figs. 2C, 2G; the inner volume of the pouch 131 and the aperture 32 are divided by the fabric of pouch 131 for each of the respective outer covers 73, [0048], lines 14-15).
Regarding claim 4, Grace et al. as modified above teaches the invention as set forth in claim 1, wherein at least one of the first massager (Reid: plate with massage ball bodies 39, plate with massage ball bodies 41), the second massager (Reid: duplication of plate with massage ball bodies 39, plate with massage ball bodies 41), or the third massager (Reid: second duplication of plate with massage ball bodies 39, plate with massage ball bodies 41) comprises a plug (Reid: electrical connector 45; Fig. 2A), a wire (Reid: power supply cord 43; Fig. 2A), a wire (Reid: power supply cord 43; Fig. 2A), and a massage head (Reid: massage ball bodies 39, 41; Fig. 2B), the wire (Reid: power supply cord 43; Fig. 2A) is connected to the plug (Reid: electrical connector 45; Fig. 2A) and the massage head (Reid: massage ball bodies 39, 41; Fig. 2B, where the power supply cord 43 connects to the massage unit 29 that retains the plate with massage heads 39 and the plate with massage heads 41), a control switch (Reid: ON/OFF switch 51; Fig. 2B) is provided on the wire (Reid: power supply cord 43; see Fig. 2B), and the massage head (Reid: massage ball bodies 39, 41; Fig. 2B) is disposed in a respective accommodation area of the plurality of accommodation areas ((Reid: inner volume of pouch 131, aperture 32; Figs. 2C, 2G; the inner volume of the pouch 131 and the aperture 32 are divided by the fabric of pouch 131, [0048], lines 14-15).
Regarding claim 7, Grace et al. as modified above teaches the invention as set forth in claim 1, wherein at least one of the first massager (Reid: plate with massage ball bodies 39, plate with massage ball bodies 41), the second massager (Reid: duplication of plate with massage ball bodies 39, plate with massage ball bodies 41), or the third massager (Reid: second duplication of plate with massage ball bodies 39, plate with massage ball bodies 41) is a kneading massager (Reid: [0009], lines 3-4).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Grace et al. (US 11317722 B2) in view of Reid (US 20170000680 A1) as applied to claim 1 above, and further in view of Leventhal (US 5836900 A).
Regarding claim 11, Grace et al. as modified above teaches the invention as set forth in claim 1, wherein at least one of the first massager (Reid: plate with massage ball bodies 39, plate with massage ball bodies 41), the second massager (Reid: duplication of plate with massage ball bodies 39, plate with massage ball bodies 41), or the third massager (Reid: second duplication of plate with massage ball bodies 39, plate with massage ball bodies 41) comprises a plug (Reid: electrical connector 45; Fig. 2A), a wire (Reid: power supply cord 43; Fig. 2A, and two or more massage heads (Reid: Fig. 2B, where massage ball bodies 39 and 41 are the massage heads), the two or more massage heads (Reid: Fig. 2B, where massage ball bodies 39 and 41 are the massage heads) are arranged side by side (Reid: Fig. 2B), the wire (Reid: power supply cord 43; Fig. 2A) is connected to the plug (Reid: electrical connector 45; Fig. 2A) and the two or more massage heads (Reid: massage ball bodies 39, 41; Fig. 2B, where the power supply cord 43 connects to the massage unit 29 that retains the plate with massage heads 39 and the plate with massage heads 41, where massage ball bodies 39 and 41 are the massage heads), a control switch (Reid: ON/OFF switch 51; Fig. 2B) is provided on the wire (Reid: power supply cord 43; see Fig. 2B), but fails to teach wherein the two or more massage heads (Reid: massage ball bodies 39, 41; Fig. 2B, where massage ball bodies 39 and 41 are the massage heads) are respectively placed in two or more accommodation areas of the plurality of accommodation areas.
However, Leventhal teaches a massage apparatus (10) with a plurality of vibratory transducers (16; Fig 6) that provide a massaging effect (Col. 4, lines 38-41), where each vibratory transducer (16A, 16B, 16C) are supported within respective cavities (17; Fig. 8) of an enlarged region (24A, 24B; Fig. 6) of a pad (12; Figs. 6 & 8). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Grace et al., such that the aperture (Reid: aperture 32; Figs. 2C, 2G) within the massage pillow structure taught by Reid includes an enlarged region (Leventhal: 24) with a plurality of vibratory transducers (Leventhal: 16) received respectively within cavities (Leventhal: 17) with the result that Grace et al. as further modified by Leventhal teaches two or more massage heads (Leventhal: vibratory transducers 16) are respectively placed in two or more accommodation areas (Leventhal: a respective cavity 17; Fig. 6) of the plurality of accommodation areas (Leventhal: plurality of cavities 17; Figs. 6 & 8) to keep the massage heads (Leventhal: vibratory transducers 16) aligned with a corresponding area of the users body during use to provide a consistent and effective massage function.
Response to Arguments
Applicant's arguments filed July 18th, 2025, have been fully considered. Regarding claims 1, 4, and 7, Applicant's arguments have been fully considered, but they are not persuasive. Regarding claim 11, Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On page 11, Applicant argues “The cited art fails to teach or render obvious all claim limitations” and “In sum, it remains well-settled law that an obviousness rejection requires at least a consideration of all of the claim elements”, but fails to identify what claim limitations are not taught or rendered obvious by the cited art. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In response to applicant's argument that “modifying the structure of Grace so that it incorporates the decorative cushion massage device of Reid would render the structure unsatisfactory for its intended purpose,” (Pg. 12) and “if proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, then there is no suggestion or motivation to make the proposed modification,” (Pg. 12), 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.
In response to applicant's arguments against the references individually (“Applicant believes that Grace fails to disclose, suggest, or teach at least the following distinguishing features as set forth in the currently amended claim 1”, Pg. 13; “Reid does not cure at least the above deficiencies of Grace”” in relation to the list of features set forth in claim 1, see Pg. 13-14 of Remarks), one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
On pages 15-16 of the Remarks, Applicant argues “Grace and Reid, either individually or in combination, fail to disclose, suggest, or render obvious at least the distinguishing features as above,” and “None of the cited references disclose or render obvious a zero-gravity massage folding chair having massagers arranged in the installation sleeves on the back side of the face fabric to massage the shoulder, the waist, and the leg of the human body lying down on the front side of the face fabric in a relaxed state, respectively, where each of the installation sleeves is provided with sewing threads, and the sewing threads divide a respective one of the installation sleeves into a plurality of accommodation areas, as defined by amended claim 1. In addition, modifying the cited references to include the claimed configuration would not be implemented based on common sense in view of the teachings of the references.” However, Grace and Reid in combination do teach a zero-gravity massage folding chair having massagers arranged in the installation sleeves on the back side of the face fabric to massage the shoulder, the waist, and the leg of the human body lying down on the front side of the face fabric in a relaxed state, respectively, where each of the installation sleeves is provided with sewing threads, and the sewing threads divide a respective one of the installation sleeves into a plurality of accommodation areas, as defined by amended claim 1 (see claim 1 above). Further, Applicant argues modifying the structure of Grace with the decorative cushion massage device taught by Reid onto the front side of the back support of the chair taught by Grace “would render the chair less comfortable for people to lie down on the front side. Thus, modifying the structure of Grace so that it incorporates the decorative cushion massage device of Reid would render the structure unsatisfactory for its intended purpose. As such, claim 1 is not obvious over the cited references,” (Pg. 17). In response to applicant's argument that the modification of Grace to incorporate the decorative cushion massage device of Reid would render the structure unsatisfactory for its intended purpose, 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. Additionally, the intended purpose of having the installations sleeves located on the back side of the face fabric to increase patient comfort when the patient is lying on the front side of the face fabric is not disclosed in the claims or in the specification.
On page 18, Applicant argues “The technical solution set forth in amended claim 1 effectively solves the problem in a manner neither disclosed nor suggested in the cited prior art. The above mentioned technical effects can be expected from neither Grace nor Reid. There is no teaching or incentive that would have prompted a person of ordinary skill in the art to adapt or modify the disclosure of Grace and Reid, thereby arriving at something falling within the terms of amended claim 1 of the present application.” However, the technical effects mentioned above can be expected from Grace and Reid in combination (see claim 1 above). In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Grace and Reid as it is well-known in the art that the waist and legs are common areas of the body to receive a massage and to place a pillow for increased comfort during rest (see claim 1 above).
On page 18, Applicant argues “modifying the cited references to include the distinguishing features as claimed is not obvious because the modification would be based on impermissible hindsight of the present application.” In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
On pages 18 and 19, Applicant argues “Grace and Reid, either individually or in combination, also fail to disclose, suggest, or render obvious at least these distinguishing features,” in relation to a list of subject matter of claim 4 on page 18 of the Remarks. However, the distinguishing features mentioned above can be expected from Grace and Reid in combination (see claim 4 above). Further, Applicant argues “Specifically, Grace and Reid fail to disclose the specific configuration of the first massager, the second massager, or the third massager and the position of the massage head disposed in a respective accommodation area of the plurality of accommodation areas.” The Examiner notes, when examining an “or” statement, a cited reference reads on the entire statement if one limitation is disclosed or suggested by the cited reference (see MPEP §2111.01). Additionally, “the massage head” is not explicitly disclosed as a specific type of massage head (i.e., single-headed massager, double-headed massager, or multi-headed massager). Hence, if one massage head of the first massager, the second massager, or the third massager is disposed within an accommodation area of the plurality of accommodation areas, the art reads on the above distinguishing features of claim 4. Therefore, Grace in combination with Reid does disclose the specific configuration of the first massager, the second massager, or the third massager and the position of the massage head disposed in a respective accommodation area of the plurality of accommodation areas (see claim 4 above).
On page 19, Applicant argues “Reid does not disclose or teach the plurality of accommodation areas at all,” and the configuration of the plurality of accommodation areas as taught by Grace in view of Reid as detailed in the Non-Final Office Action (mailed April 18th, 2025) is “configured to accommodate the massager as a whole” (Pg. 19 of Remarks), which is different from the configuration of “a plurality of accommodation areas” as claimed. The Examiner notes the plurality of accommodation areas as claimed must be formed by the division of a respective on of the three installation sleeves by sewing threads (claim 1, lines 14-15). Further, Applicant’s specification discloses “’a plurality’ means two or more” ([0027]). Reid teaches an outer cover and a pouch, wherein the pouch is provided inside the outer cover; the pouch with an inner volume to retain at least one of the plurality of massagers and an aperture, wherein the aperture and the inner volume of the pouch are divided by the fabric of the pouch (see claim 1 above). Hence, Reid does teach the plurality of accommodation areas as claimed (see claim 1 above).
On page 22, Applicant argues “Reid nowhere discloses that the massager comprises the plug, the wire, and the massage head which is disposed in a respective accommodation area of the plurality of accommodation areas as claimed in claim 4. Grace also does not disclose this type of massager. None of the cited references disclose or render obvious the massager comprising the plug, the wire, and the massage head which is disposed in a respective accommodation area of the plurality of accommodation areas as claimed in claim 4.” In relation to the plurality of accommodation areas as claimed in claim 4, the massage head is disposed in a respective accommodation area of the plurality of accommodation areas. Examiner notes “the massage head” is not explicitly disclosed as a specific type of massage head (i.e., single-headed massager, double-headed massager, or multi-headed massager). Hence, if one massage head of the first massager, the second massager, or the third massager is disposed within an accommodation area of the plurality of accommodation areas, the art reads on the above distinguishing features of claim 4. Therefore, Reid does teach the plurality of accommodation areas as claimed in claim 4, and the massage head which is disposed in a respective accommodation area of the plurality of accommodation areas as claimed in claim 4 (see claim 4 above). Further, Grace in combination with Reid does teach the massager comprising the plug, and the wire (see claim 4 above). Hence, Grace in combination with Reid does teach all elements of claim 4.
On page 22, Applicant argues “Grace and Reid do not guide a person of ordinary skill in the art towards the technical solution as claimed,” as “modifying the structure of Grace so that it incorporates the massage unit and the inner volume of pouch 131 and aperture 32 of Reid would render the structure unsatisfactory for its intended purpose,” where the massage heads of the massage unit can be separately and respectively disposed into the accommodation areas. The Examiner agrees Grace and Reid in combination do not guide a person of ordinary skill in the art towards the technical solution of “the two or more massage heads are respectively placed in two or more accommodation areas of the plurality of accommodation areas,” (Claim 11, lines 15-17). However, Applicant’s argument with respect to the technical solution disclosed in claim 11 has been considered, but is moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. However, Leventhal teaches a massage apparatus with a plurality of vibratory transducers that provide a massaging effect, where each vibratory transducer are supported within respective cavities of an enlarged region of a pad. Hence, Grace in combination with Reid and Leventhal does teach the two or more massage heads are respectively placed in two or more accommodation areas of the plurality of accommodation areas (see claim 11 above). Therefore claim 11 is not patentable over the cited references.
On pages 22-23, Applicant argues “Claim 7 is dependent from claim 1. Thus, claim 7 is patentable over the cited references at least due at least to its dependency from claim 1.” However, claim 1 is not patentable over the cited references (see claim 1 above); therefore, claim 7 is not patentable over the cited references (see claim 7 above).
On page 23, Applicant argues “inventor identified a problem others did not,” where the problem identified is “problem that the space capsule massage chair can only be fixed at a certain position due to its heavy weight and results in the limited use.” In response to applicant's argument that invention identifies and solves the problem where a space capsule massage chair can only be fixed at a certain position due to its heavy weight and results in the limited use, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Davis (US 5682633 A): Regarding a pillow with a plurality of cavities to respectively receive inserts, where inserts may provide a massage function
Ding & Ding (US 20110196274 A1): Regarding a massager with a pillow shaped housing, where the massagers are double-headed massagers to provide a kneading-type massage function and are retained in a recess within the pillow structure
Applicant's amendment of claim 11 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 8:45am to 5:45pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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