Prosecution Insights
Last updated: April 19, 2026
Application No. 17/704,780

PERCUSSIVE MASSAGE DEVICE

Final Rejection §103
Filed
Mar 25, 2022
Examiner
LEBRON DE JESUS, GRACIELA NATALIA
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Merchsource LLC
OA Round
2 (Final)
36%
Grant Probability
At Risk
3-4
OA Rounds
3y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants only 36% of cases
36%
Career Allow Rate
4 granted / 11 resolved
-33.6% vs TC avg
Strong +61% interview lift
Without
With
+60.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
27 currently pending
Career history
38
Total Applications
across all art units

Statute-Specific Performance

§101
11.4%
-28.6% vs TC avg
§103
59.3%
+19.3% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
10.8%
-29.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 resolved cases

Office Action

§103
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 . Response to Arguments This office action is responsive to Request for Reconsideration files on 08/27/2025. As directed by the amendment: claims 1 – 5 & 7 – 21 are pending, claim 6 was cancelled, claim 21 has been added & claims 1, 11, 13 & 16 have been amended. Applicant’s arguments, see Page 10, filed 08/27/2025, with respect to objections to the specification have been fully considered and are persuasive. The objection of the specification has been withdrawn. Applicant’s arguments, see Page 10 - 15, filed 08/27/2025, with respect to the rejection of claim 1 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of amendments to the claim. Applicant's arguments filed 08/27/2025 have been fully considered but they are not persuasive. The applicant discloses Yang does not disclose user selectable settings, but it is disclosed that the user is able to select specific settings for the massage they desire in Paragraph 0016. The applicant considers that it being a script they can choose it does not disclose the limitation, however based on the broadest reasonable interpretation it does disclose the user can select certain settings to change the massage to be specific to the needs of the user. 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. Claim(s) 1 – 7 & 12 - 15, is/are rejected under 35 U.S.C. 103 as being unpatentable by Pivaroff et al. (US 6682496 B1) in view of Danby et al. (US 11285075 B2), Chen et al. (CN 112107467 A) and Yang et al. (US 20200390644 A1). Regarding claim 1, A percussive massage device comprising: a motor 24 including a rotatable shaft 26; (Column 2, lines 34 – 40); a piston 44 (Note: element 38 is connected to the head portion 44 that is reciprocated back and forth to provide percussion) configured to reciprocate rotation of the rotatable shaft 26 (Column 3, lines 46 – 53); wherein velocity of the piston 44 is a function of a rotation speed of the rotatable shaft 26 (Column 3, lines 46 – 53); Pivaroff does not disclose an amplitude adjustment system having user-selectable settings, wherein the amplitude adjustment system controls a distance the piston travels; and a speed control system configured to control the rotation speed of the rotatable shaft; a user adjustable interface including a user control that permits control of the amplitude adjustment system to adjust the distance the piston travels, wherein the user adjustable interface is located on an exterior of the housing. Chen discloses an amplitude adjustment system (Figure 3) wherein the amplitude adjustment system (Figure 3) controls a distance the piston 4 travels. (Page 5, Paragraph 3) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Kim to include a system that allows for the realization of the reciprocating movement of the massage head in the process of using the gun for muscle beating. (Abstract) Yang discloses a user-selectable settings for the amplitude adjustment system. (Paragraph 0016) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff in include a user-selectable settings to adjust the amplitude as it allows the user to use a push-type mechanism that allows them to increase and decrease the amplitude of the piston the to their liking based on their specific needs. The system allows the user to vary the message percussion of the script based on the touch settings performed on the touch screen. The settings top choose from may comprise intensity and/or duration. (Paragraph 0016) Danby discloses a speed control system configured to control the rotation speed of the rotatable shaft (Column 3, lines 38 – 50) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff to include a speed control system configured to control the rotation speed of the rotatable shaft in order to ensure the user is able to choose the amount of speed they prefer when getting their message. (Column 3, lines 38 – 63) Modified Pivaroff discloses a user adjustable interface including a user control that permits control of the amplitude adjustment system to adjust the distance the piston travels. (as disclosed with Chen and Yang) Yang further discloses wherein the user interface 600 is located on a side of the housing 150 generally adjacent to the amplitude adjustment system (as claimed in claim 1). (Figure 5) It would have been obvious to one of ordinary skill in the art prior to the effective filling date to modify Pivaroff to include an interface to control the amplitude adjustment system, wherein the user interface is located on a side of the housing generally adjacent to the amplitude adjustment system. By having the user interface be located on the side of the housing prevents accidental contact between a user’s hand and the control panel and allows the user to move their hand to any position on the handle during the operation. (Danby, Column 3, last paragraph – Column 4, first paragraph) (Note: Even though Yang discloses the claim, Danby is used as reference as it provides a very strong obviousness rational as to why control panels will benefit from being located on the side of the housing) Modified Pivaroff discloses a housing 16 (Pivaroff) configured to retain a portion of at least one of the motors 20, the piston 40 or amplitude adjustment system (Chen). Regarding claim 2, discloses the percussive massage device as claimed in claim 1. Modified Pivaroff discloses the amplitude adjustment system (Chen, Figure 2 - 4). Chen further teaches that the amplitude adjustment system comprises a ratchet 25 and pin 22 system including: a pin 22 that revolves about a revolution axis (see annotated Figure 2); PNG media_image1.png 655 681 media_image1.png Greyscale Figure 2: Annotated Figure 2 of App. CN 112107467 A a ratchet 25 attached to the pin 22 (Note: the ratchet is connected by element 23); and at least one pawl 29 (Figure 4), wherein a radial distance of the pin 22 from the revolution axis is defined by the interaction of the ratchet 25 and the at least one pawl 29 (Page 5, Paragraph 4 – 5), wherein the radial distance of the pin 22 from the revolution axis (see annotated Figure 2) controls the distance the pin 22 travels (Page 5, Paragraph 5). Regarding claim 3, discloses the percussive massage device as claimed in claim 2. Modified Pivaroff discloses the amplitude adjustment system (as claimed in claim 1). Chen further discloses the adjustment system is configured to engage and disengage the pawl 29 and the ratchet 25. (Page 6, Paragraph 4) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff to include an adjustment system configured to engage and disengage the pawl and the ratchet in order to ensure the ratchet wheel moves in one direction and to limit the movement of the ratchet. The pawl is able to dictate the specific movement wanted from the ratchet and by disengaging it is giving the ratchet the chance to rotate freely. This provides a control over the movement of the pin and by proxy, the piston. (Page 2, last sentences – Page 3, first paragraph) Regarding claim 4, discloses the percussive massage device as claimed in claim 3. Modified Pivaroff discloses wherein the adjustment system configured to press the pawl 29 into engagement with the ratchet 25. (as claimed in claim 3) Chen discloses the pawl has a spring 37. (Figure 5) Regarding claim 5, discloses the percussive massage device as claimed in claim 2. Modified Pivaroff discloses wherein the ratchet 24 includes at least four notches formed thereon (Chen, Figure 4 discloses the ratchet contains more than 4 notches) wherein each notch is shaped to receive and retain a portion of the pawl 29 (Chen discloses the mechanism where the pawl is able to clamp in any ratchet wheel groove) for at least four different distances radial distances (Note: each notch that engages in a pawl would lead to a different distance for the pin). (Page 6, Paragraph 1) Regarding claim 7, discloses the percussive massage device as claimed in claim 1. Modified Pivaroff discloses wherein the amplitude adjustment system (as claimed in claim 1) Modified Pivaroff does not comprise a linkage system including a plurality of interlinked bars, wherein the linkage system includes at least one fixed pivot point in the percussive massage device and at least one linkage movable with respect to the fixed pivot point wherein the position of the at least one linkage with respect to the pivot point controls the distance the piston travels. Chen discloses a linkage system including a plurality of interlinked bars (Figure 2 – 3) wherein the linkage system includes at least one fixed pivot point 16 in the percussive massage device and at least one linkage 14 movable with respect to the fixed pivot point 16 wherein the position of the at least one linkage 14 with respect to the pivot point 16 controls the distance the piston 3 travels. It would have been prima facie obvious to one or ordinary skill in the art prior to the effective filing date to modify Pivaroff to include a linkage system including a plurality of interlinked bars, wherein the linkage system includes at least one fixed pivot point in the percussive massage device and at least one linkage movable with respect to the fixed pivot point wherein the position of the at least one linkage with respect to the pivot point controls the distance the piston travels in order to incorporate a system that would connect the ratchet and pawl system to the piston in order to ensure the movement is transferred to the piston. (Figure 3) Regarding claim 12, discloses the percussive massage device as claimed in claim 1. Modified Pivaroff does not disclose wherein the speed control system is further configured to adjust a rotation speed of the rotatable shaft based on the distance the piston travels established by the amplitude adjustment system to maintain a selected frequency of the piston. Danby discloses wherein the speed control system is further configured to adjust a rotation speed of the rotatable shaft 211 based on the distance the piston 230 travels established by the amplitude adjustment system to maintain a selected frequency of the piston 230. (Claim 10) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff to include wherein the speed control system is further configured to adjust a rotation speed of the rotatable shaft based on the distance the piston travels established by the amplitude adjustment system to maintain a selected frequency of the piston in order to ensure the piston is able to provide a deep tissue massage to the muscles with the massaging head no matter what specific distance the piston is chosen. This allows the massager to always maintain a deep tissue massage as it will provide a speed that is required to ensure the distance never becomes an issue. (Claim 10) Regarding claim 13, discloses the percussive massage device as claimed in claim 1. Modified Pivaroff discloses a second interface to select a frequency of the piston 44 (as claimed by Danby as it includes an interface that is able to select the speed preferred). Regarding claim 14, discloses the percussive massage device as claimed in claim 1. Modified Pivaroff does not disclose wherein the amplitude adjustment system is configured to electronically select from the user-selectable settings. Yang discloses wherein the amplitude adjustment system (as claimed in claim 1) is configured to electronically select from the user-selectable settings (as claimed in claim 1). It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff to have the amplitude adjustment system be configured to electronically select from the user-selectable settings in order to have a display that is able to show the user different information of the massage itself and also provide a touch screen that help with the amplitude settings. (Paragraph 0067 / 0016) Regarding claim 15, discloses the percussive massage device as claimed in claim 1. Modified Pivaroff does not disclose wherein an end of the piston is configured to receive and removably retain an applicator. Yang discloses wherein an end of the piston 710 is configured to receive and removably retain an applicator 252. (Figure 6) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff to include wherein the end of the piston is configured to receive and removably retain an applicator in order to allow the opportunity to have interchangeable heads that are to be selectable based on the needs of the user. (Paragraph 0066) Claim(s) 8 & 11 are rejected under 35 U.S.C. 103 as being unpatentable by Pivaroff et al. (US 6682496 B1) in view of Danby et al. (US 11285075 B2), Chen et al. (CN 112107467 A) and Yang et al. (US 20200390644 A1) as claimed in claim 7, in further view of Shen et al. (CN 214910297 U). Regarding claim 8, Modified Pivaroff discloses a percussive massage device as claimed in claim 7. Modified Pivaroff discloses wherein the linkage system (as claimed in claim 7) Modified Pivaroff does not disclose a first bar connected to the pivot point, wherein the first bar is configured to rotate about the pivot point; a second bar connected to the first bar at a first linkage, wherein the second bar is configured to rotate about the first linkage; a third bar connecting the second bar to the piston; a fourth bar connecting the second bar to the motor, such that rotation of the rotatable shaft causes movement of the fourth bar causing rotation of the second bar about the first linkage, wherein the rotation of the second bar causes movement of the third bar driving movement of the piston. However, Shen disclose a first bar 9 connected to the pivot point 10, wherein the first bar 9 is configured to rotate about the pivot point 10 (Page 2, Paragraph 4); a second bar (see annotated Figure 2) connected to the first bar 9 at a first linkage 7, wherein the second bar (see annotated Figure 2) is configured to rotate about the first linkage 7 (Page 2, Paragraph 3); (see annotated Figure 2) a third bar 11 connecting the second bar (see annotated Figure 2) to the piston 2; a fourth bar 6 connecting the second bar (see annotated Figure 2) to the motor 3, such that rotation of the rotatable shaft 4 causes movement of the fourth bar 6 causing rotation of the second bar (see annotated Figure 2) about the first linkage 7, wherein the rotation of the second bar (see annotated Figure 2) causes movement of the third bar 11 driving movement of the piston 2. (see annotated Figure 2) PNG media_image2.png 386 778 media_image2.png Greyscale Figure 2: Annotated Figure 2 of App. CN 214910297 U It would have been prima facie obvious to one of ordinary kill in the art prior to the effective filing date to further modify Pivaroff with the linkage system of Shen in order to have a linkage system that can provide adjustability, greatly improve the adaptability and improve the stability and accuracy. (Abstract) Regarding claim 11, discloses the percussive massage device as claimed in claim 8. Modified Pivaroff does not disclose wherein the user adjustable interface is adjacent to a handle. However, it would have been prima facie obvious to one of ordinary skill in the art to modify Pivaroff to include a user interface is adjacent to the handle. This prevents accidental contact between a user’s hand and the control panel and allows the user to move their hand to any position on the handle during the operation. (Danby, Column 3, last paragraph – Column 4, first paragraph) Furthermore, the courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950): Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.” MPEP § 2144.04-VI-C. Claim(s) 16 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pivaroff et al. (US 6682496 B1) in view of Danby et al. (US 11285075 B2), Chen et al. (CN 112107467 A) and Yang et al. (US 20200390644 A1). Regarding claim 16, an amplitude adjustment system comprising: a first portion in communication with a motor 24 (see annotated Figure 6), wherein the motor 24 including a rotatable shaft 26; (Column 2, lines 34 – 40); and a second portion in communication with a piston 44 of a percussive massage device 10 (see annotated Figure 6), wherein the piston 44 (Note: element 38 is connected to the head portion that is reciprocated back and forth to provide percussion) configured to reciprocate rotation of the rotatable shaft 26 (Column 3, lines 46 – 53); wherein velocity of the piston 44 is a function of a rotation speed of the rotatable shaft 26 (Column 3, lines 46 – 53); PNG media_image3.png 821 809 media_image3.png Greyscale Figure 6: Annotated Figure 6 of App. US 6682496 B1 Pivaroff does not disclose a user adjustable interface including a user control that permits control of the amplitude adjustment system to adjust the distance the piston travels, wherein the user adjustable interface is located on an exterior of the housing, wherein the amplitude adjustment system has user-selectable settings that control the distance the piston travels via the user adjustable interface. Chen discloses an amplitude adjustment system (Figure 3) wherein the amplitude adjustment system (Figure 3) controls a distance the piston 4 travels. (Page 5, Paragraph 3) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Kim to include a system that allows for the realization of the reciprocating movement of the massage head in the process of using the gun for muscle beating. (Abstract) Yang discloses a user-selectable settings for the amplitude adjustment system. (Paragraph 0016) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff in include a user-selectable settings to adjust the amplitude as it allows the user to use a push-type mechanism that allows them to increase and decrease the amplitude of the piston the to their liking based on their specific needs. The system allows the user to vary the message percussion of the script based on the touch settings performed on the touch screen. The settings top choose from may comprise intensity and/or duration. (Paragraph 0016) Modified Pivaroff discloses a user adjustable interface including a user control that permits control of the amplitude adjustment system to adjust the distance the piston travels. (as disclosed with Chen and Yang) Yang further discloses wherein the user interface 600 is located on the exterior of the housing 150 (Figure 5). It would have been obvious to one of ordinary skill in the art prior to the effective filling date to modify Pivaroff to include an interface to control the amplitude adjustment system, wherein the user interface is located on a side of the housing generally adjacent to the amplitude adjustment system. By having the user interface be located on the exterior of the housing, specifically in the side of the housing, prevents accidental contact between a user’s hand and the control panel and allows the user to move their hand to any position on the handle during the operation. (Danby, Column 3, last paragraph – Column 4, first paragraph) (Note: Even though Yang discloses the claim, Danby is used as reference as it provides a very strong obviousness rational as to why control panels will benefit from being located on the side of the housing) Modified Pivaroff discloses a housing 16 (Pivaroff) configured to retain a portion of amplitude adjustment system (Chen). Regarding claim 17, discloses the amplitude adjustment system as claimed in claim 16. Modified Pivaroff does not disclose an amplitude adjustment system comprising a ratchet and pin system including: a pin that revolves about a revolution axis; a ratchet attached to the pin; and at least one pawl, wherein a radial distance of the pin from the revolution axis is defined by the interaction of the ratchet and the at least one pawl, wherein the radial distance of the pin from the revolution axis controls the distance the pin travels. Chen comprises a ratchet 25 and pin 22 system including: a pin 22 that revolves about a revolution axis (see annotated Figure 2) ; PNG media_image1.png 655 681 media_image1.png Greyscale Figure 2: Annotated Figure 2 of App. CN 112107467 A a ratchet 25 attached to the pin 22 (Note: the ratchet is connected by element 23); and at least one pawl 29 (Figure 4), wherein a radial distance of the pin 22 from the revolution axis is defined by the interaction of the ratchet 25 and the at least one pawl 29 (Page 5, Paragraph 4 – 5), wherein the radial distance of the pin 22 from the revolution axis (see annotated Figure 2) controls the distance the pin 22 travels (Page 5, Paragraph 5). It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Pivaroff to include a ratchet and pin system as it allows the movement of the piston to be dependent on the distance that is traveled by the pin. This is done by the engagement between the ratchet and the pawl, which provides different engagements that dictate the distance the piston travels based on where the pin is able to travel. (Page 4, last paragraph) Regarding claim 18, discloses the percussive massage device as claimed in claim 17. Modified Pivaroff discloses wherein the ratchet 24 includes at least four notches formed thereon (Chen, Figure 4 discloses the ratchet contains more than 4 notches) wherein each notch is shaped to receive and retain a portion of the pawl 29 (discloses the mechanism where the pawl is able to clamp in any ratchet wheel groove) for at least four different distances radial distances (Note: each notch that engages in a pawl would lead to a different distance for the pin). (Page 6, Paragraph) Regarding claim 19, discloses the amplitude adjustment system as claimed in claim 16. Modified Pivaroff does not comprise a linkage system including a plurality of interlinked bars, wherein the linkage system includes at least one fixed pivot point in the percussive massage device and at least one linkage movable with respect to the fixed pivot point wherein the position of the at least one linkage with respect to the pivot point controls the distance the piston travels. Chen discloses a linkage system including a plurality of interlinked bars (Figure 3 – 5), wherein the linkage system includes at least one fixed pivot point 16 in the percussive massage device and at least one linkage 14 movable with respect to the fixed pivot point 16 wherein the position of the at least one linkage 14 with respect to the pivot point 16 controls the distance the piston 3 travels. It would have been prima facie obvious to one or ordinary skill in the art prior to the effective filing date to modify Pivaroff to include a linkage system including a plurality of interlinked bars, wherein the linkage system includes at least one fixed pivot point in the percussive massage device and at least one linkage movable with respect to the fixed pivot point wherein the position of the at least one linkage with respect to the pivot point controls the distance the piston travels in order to incorporate a system that would connect the piston to the motor in order to conduct the massage treatment. Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pivaroff et al. (US 6682496 B1) in view of Danby et al. (US 11285075 B2), Chen et al. (CN 112107467 A) and Yang et al. (US 20200390644 A1) as claimed in claim 19 in further view of Shen et al. (CN 214910297 U). Regarding claim 20, discloses the percussive massage device as claimed in claim 19. Modified Pivaroff discloses wherein the linkage system (as claimed in claim 7) Modified Pivaroff does not disclose a first bar connected to the pivot point, wherein the first bar is configured to rotate about the pivot point; a second bar connected to the first bar at a first linkage, wherein the second bar is configured to rotate about the first linkage; a third bar connecting the second bar to the piston; a fourth bar connecting the second bar to the motor, such that rotation of the rotatable shaft causes movement of the fourth bar causing rotation of the second bar about the first linkage, wherein the rotation of the second bar causes movement of the third bar driving movement of the piston. However, Shen disclose a first bar 9 connected to the pivot point 10, wherein the first bar 9 is configured to rotate about the pivot point 10 (Page 2, Paragraph 4); a second bar (see annotated Figure 2) connected to the first bar 9 at a first linkage 7, wherein the second bar (see annotated Figure 2) is configured to rotate about the first linkage 7 (Page 2, Paragraph 3); (see annotated Figure 2) a third bar 11 connecting the second bar (see annotated Figure 2) to the piston 2; a fourth bar 6 connecting the second bar (see annotated Figure 2) to the motor 3, such that rotation of the rotatable shaft 4 causes movement of the fourth bar 6 causing rotation of the second bar (see annotated Figure 2) about the first linkage 7, wherein the rotation of the second bar (see annotated Figure 2) causes movement of the third bar 11 driving movement of the piston 2. (see annotated Figure 2) It would have been prima facie obvious to one of ordinary kill in the art prior to the effective filing date to modify Pivaroff in order to have an effective linkage system that can provide adjustability, greatly improve the adaptability and improve the stability and accuracy. (Abstract) Allowable Subject Matter Claim 9 – 10 & 21 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. The closest prior art is Shen et al. (CN 214910297 U) and Chen et al. (CN 112107467 A) and Dungan et al. (US 6228042 B1). Regarding claim 9 & 21, none of the prior art teaches or suggests a housing, wherein a portion of the amplitude adjustment system is retained within the housing wherein a portion of the first bar extends outside of the housing, wherein movement of the portion of the first bar extending outside of the housing causes movement of the first linkage with respect to the pivot point. The limitations of claim 9 requires a portion of the first bar to extend outside of the housing, wherein the movement of the portion of the first bar causes movement of the first linkage with respect to the pivot point. However, the prior art all disclose a variation of linkage bars that ensure the movement in a fixed point. It is also noted that while Chen contains a first bar that moves around the pivot point, the bar does not extend outside of the housing. Dungan discloses a trigger which focuses on movement; however the trigger is not connected to the first bar. It is not obvious to extend the first bar that is connected to a pivot point to include a trigger that will cause movement. Claim 10 would be allowable because of its dependency on claim 9. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785 /KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Mar 25, 2022
Application Filed
May 21, 2025
Non-Final Rejection — §103
Aug 27, 2025
Response Filed
Oct 31, 2025
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
36%
Grant Probability
97%
With Interview (+60.7%)
3y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allow rate.

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