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
Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive.
Applicant argues that the Larkin reference does not teach “the rotating element is configured for driving the second vibrating element for circular movement”. However, examiner of record respectfully disagrees. The second vibrating element is not described in what the vibrating element is or the vibration is for. Rather just that an element is seen as vibrating in some way. If there is a particular part, this should be claimed rather than in broad strokes. Further, the abstract of Larkin explicitly states that the post is rotated (meaning causing rotational motion) in a continuous direction causing the ball to traverse a path. For circular movement is seen as the intended use of the rotating element and the claim merely requires a rotating element that is for driving the second vibrating element. Larkin further states in [0029] “in embodiments, the post is rotated continuously in one direction, while providing a reciprocal motion of a ball which is applied to the skin of a user to provide a massaging effect.” Where the ball in motion to create a reciprocal motion is seen as “vibrating” and therefore does teach the second vibrating element. Therefore the “rotating element” massage motor with post is seen as a rotating element as this is creating rotational motion as described. Furthermore, rotation is seen as a type of circular motion as rotation would require moving around and axis which is seen as circular even if the resulting effect causes a type of reciprocating motion. Furthermore, the ball can be seen as circular motion as seen in Figs. 3a-3b and Figs. 10 and 11. If applicant has issue with “vibrating element” being a ball, it is also worth mentioning that without particulars of the physical element a ball can be mapped to this element as anything in motion would have some type of vibration even if subtle. Further, [0044] describes how rotation as well as vibrator weight causes vibration of the ball. If applicant would like the arm to be able to move in a circular path, it is suggested that the path or the axis and direction of motion be stated in the claim. Therefore, the argument is not seen as persuasive and the rejection stands.
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.
Claim(s) 1-4 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sridhar et al., US 20230096701 in view of Larkin et al., US 20230024137, herein referred to as “Larkin”.
Regarding claim 1, Sridhar teaches: A massager (Fig. 1-10), comprising: an appliance body (Fig 1; element 108/104 handle from which the arms of the device come off of); a first massage part (Fig. 1; specifically 102/110 arm of the device) connected to an end of the appliance body for massage interior of a human body ([0023]; specifically internal arm 110 which is for internal insertion into user anatomy); and a second massage part (Fig. 1; specifically element 112) comprising a support (See annotate Fig. 6 below/shaded element around 404/connection point of 404 to main body), an elastic element (Fig. 6; element 404) and a first vibrating element (Fig. 6 and [0040]; specifically the motion mechanism for oscillation which includes vibrating), wherein the support is connected to a peripheral surface of the appliance body (See annotate Fig. 6 below/shaded element around 404/connection point of 404 to main body), the elastic element is connected to the support (See annotated Fig. 6 below), and the first vibrating element is connected to an end of the elastic element away from the support and located on a side of the support close to the first massage part (Fig. 6; specifically the vibrational mechanism 505 with all components in end of 112 and connected to 404 which extends toward element 110).
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However, Sridhar does not explicitly disclose: wherein the first massage part comprises: a rotating element mounted on the appliance body; and a second vibrating member connected with the rotating member, wherein the rotating element is configured for driving the second vibrating element for circular movement.
Larkin does disclose: wherein the first massage part (Fig. 3A-C and Fig. 7) comprises: a rotating element mounted on the appliance body (Fig. 3A-C and Fig. 7; specifically 2163 and massager motor 2162); and a second vibrating member connected with the rotating member (Fig. 3A-C and Fig. 7; specifically element 2110 connected to element 2162 via other elements where the ball is seen as the vibrating element connected to the rotational post when driven), wherein the rotating element is configured for driving the second vibrating element for circular movement (Fig. 3B; specifically where the ball moves based on rotation of 2108 which is seen as for circular movement when driven by rotational motor).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the internal arm of Sridhar to include the rotational massage element and arm as described in Larkin. This would be seen as a simple substation of one known type of massage element (the vibrational and motion oriented arm/vibrator) with another known type of massage element (the rotational vibrational element) for the predicated result of creating a vibrational affect within the anatomy of user.
Regarding claim 2, Sridhar teaches: wherein the elastic element is a flat strip (Fig. 6; specifically 404 which is seen as a flat strip), and an end of the elastic element away from the support is bent towards the appliance body (Fig. 6; specifically that 404 is flexible element and bents toward the bent portion of the external vibration element 112 which is seen as bending toward the appliance body).
Regarding claim 3, Sridhar teaches: wherein the support and the elastic element are integrated, and an end of the support away from the appliance body is bent towards the first massage part to form an arched structure with the elastic element (See annotated Fig. 6 above; specifically where support is connected to 404 which is seen as integral as well as shaded portion around element 404 where both 404 and its “support” angle toward the 112 vibration element which is seen as an arch).
Regarding claim 4, Sridhar teaches: wherein the peripheral surface of the appliance body is provided with a mounting groove (See annotated Fig. 6 above), and an end of the support away from the elastic element is mounted in the mounting groove (See annotated Fig. 6 above).
Regarding claim 6, Sridhar further discloses: wherein the first massage part further comprises a first rubber sleeve sleeved on the second vibrating element and connected to the appliance body (Fig. 6: specifically 702 which goes around the device and therefore is seen as a first rubber sleeve round 112 which is made of an elastomer which is seen as a rubber sleeve); and wherein the second vibrating element is abutted against an inner wall surface of the first rubber sleeve to deform the first rubber sleeve when the second vibrating element is driven for circular movement by the rotating element (Fig. 6; specifically that the vibration/motion mechanism 300 abuts against the housing/sleeve and therefore would deform when the element is driven as any type of pushing or motion is capable of deforming and elastomeric material).
Regarding claim 7, Sridhar does disclose: a first massage part. However, Sridhar does not explicitly disclose: wherein the first massage part further comprises a connecting shaft, the connecting shaft comprises a straight-line segment and a bending segment, one end of the straight-line segment is connected with the rotating element, another end of the straight-line segment is connected with an end of the bending segment, the bending segment is bent relative to the straight-line segment, and an end of the bending segment away from the straight-line segment is connected with the second vibrating element.
Larkin discloses: wherein the first massage part (Fig. 3A-C and Fig. 7) further comprises a connecting shaft (Fig. 3A-C and Fig. 7; specifically 2122), the connecting shaft comprises a straight-line segment and a bending segment (Fig. 3A-C and Fig. 7), one end of the straight-line segment is connected with the rotating element (Fig. 3A-C and Fig. 7; specifically connection to 2162), another end of the straight-line segment is connected with an end of the bending segment, the bending segment is bent relative to the straight-line segment (Fig. 3A-C and Fig. 7; specifically connection as integral part so connected), and an end of the bending segment away from the straight-line segment is connected with the second vibrating element (Fig. 3A-C and Fig. 7; specifically connection at 3132).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the internal arm of Sridhar to include the rotational massage element and arm as described in Larkin. This would be seen as a simple substation of one known type of massage element (the vibrational and motion oriented arm/vibrator) with another known type of massage element (the rotational vibrational element) for the predicated result of creating a vibrational affect within the anatomy of user.
Regarding claim 8, Sridhar does disclose: a first massage part. However, Sridhar does not explicitly disclose: wherein the first massage part further comprises a lining mounted on the appliance body, located on a side of the rotating element, and provided with a hole, a diameter of the hole is increased along a direction away from the rotating element, the lining is sleeved on the bending segment and the bending segment is extended to pass through the hole, the bending segment is configured to make circular movement around an axis of the hole in the gradually expanding hole.
Larkin discloses: wherein the first massage part further comprises a lining mounted on the appliance body (Fig. 7: Element that connects 2122), located on a side of the rotating element (Fig. 7; specifically it’s on a lower side), and provided with a hole (Fig. 7; specifically the opening), a diameter of the hole is increased along a direction away from the rotating element, the lining is sleeved on the bending segment and the bending segment is extended to pass through the hole, the bending segment is configured to make circular movement around an axis of the hole in the gradually expanding hole (See annotated Fig. 7 below).
Regarding claim 9, Sridhar teaches: wherein the second massage part further comprises a second rubber sleeve sleeved on the first vibrating element, the elastic element and the support (Fig. 6 and [0042]; specifically housing 702 which goes around the device and therefore is seen as a second rubber sleeve round 112 which is made of an elastomer which is seen as a rubber sleeve).
Regarding claim 10, Sridhar teaches: wherein the appliance body is provided with a battery (Fig. 6; specifically element 604 the battery) and a main board electrically connected with the battery (Fig. 6; specifically 600 connected with 604 via wires); an outer surface of the appliance body is provided with a key electrically connected with the main board (Fig. 6; specifically the buttons 600A and 600B which are seen a key); and the first vibrating element and the first massage part are electrically connected to the main board (Fig. 6; specifically the wiring connecting the buttons and the battery).
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It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the internal arm of Sridhar to include the rotational massage element and arm as described in Larkin. This would be seen as a simple substation of one known type of massage element (the vibrational and motion oriented arm/vibrator) with another known type of massage element (the rotational vibrational element) for the predicated result of creating a vibrational affect within the anatomy of user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HE, US 20210393475: See Figs. 5-6.
Baetica et al., US 20180185237: See Figs. 6-12
Zipper, US 20180042809: See Figs. 5-6
THIS ACTION IS MADE FINAL. 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 JOANNE M RODDEN whose telephone number is (303)297-4276. The examiner can normally be reached Monday - Friday 9:00 AM-5:00 PM MST.
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/JOANNE M RODDEN/ Supervisory Patent Examiner, Art Unit 3794
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