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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-11 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe (JP 2012/71093).
Regarding claim 1, Watanabe discloses a leg massager (figs. 1-9), comprising: a lower massaging system (20) for massaging a massage target area of user’s leg including at least user’s foot; an upper massaging system (40) for massaging an upper massage target area located above the massage target area which is massaged by the lower massaging system; a rockably supporting system (rocker) that supports the upper massaging system for rocking motion about a horizontal-pointing axis (about pivot axis 47) in a front-rear direction; and a vertically moving system (slide mechanism) that permits up-and-down movement of the upper massaging system ([0014]-[0037] discloses the pivoting and slide mechanisms).
Regarding claims 2 and 11, Watanabe discloses wherein the vertically moving system includes a mechanism (positioning mechanisms) that brings the upper massaging system to a stop in a predetermined position during the time the vertically moving system is moving the upper massaging system upward ([0026]-[0032] discloses the slide mechanism can be stopped to be positionable and this includes a stopping mechanisms).
Regarding claim 3, Watanabe discloses in fig. 8 the rockably supporting system is situated above the vertically moving system (as shown, the slider mechanism is below), and rockably supports a base-end side (base end) of a first massaging member (head) disposed in the upper massaging system so that a front-end side of the first massaging member can be raised rearward via a horizontal-pointing rock shaft (as shown in fig. 8, a front end can be raised via the shaft).
Regarding claim 4, Watanabe discloses in fig. 6, wherein the first massaging member (head) is folded forward toward a second massaging member disposed in the lower massaging system via the rockably supporting system (as shown from figs. 8 and 6, the head portion can be folded up down), at which time the first massaging member is in a position with its front-end side directed forward (as shown, the front end is forward).
Regarding claim 5, Watanabe discloses wherein the first massaging member (head) is raised, with its front-end side moved away from a second massaging member (upward) disposed in the lower massaging system, via the rockably supporting system, at which time the first massaging member is in an obliquely (diagonal) upward and forward-facing position (the sub unit 40 revolves around the rear axis 47 and can be orientated diagonally forward and upward when the sub unit is raised).
Regarding claim 6, Watanabe discloses wherein the first massaging member (head) is raised rearward, with its front-end side moved away from a second massaging member disposed in the lower massaging system (fig. 8), via the rockably supporting system, at which time the first massaging member is in an obliquely upward and rearward-facing position (as shown in fig. 8, the head is upward and rear facing).
Regarding claims 7-10, Watanabe discloses the first massaging member head pivots (see figs. 6 and 8) and slides vertically and thus is capable of the actions set forth in these claims.
Regarding claim 15, Watanabe discloses the first massaging member (head) is allowed to move upward, move downward, or rotate in a condition (figs . 6 and 8) where user’s foot is held between the second massaging members (as shown, the first massaging member head pivots (see figs. 6 and 8) and slides vertically and thus is capable of the actions).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of Fumitaka (JP 2016/077302).
Regarding claim 12, Watanabe substantially teaches the claimed invention except for the stop mechanism comprises: an upper detection section for detecting an arrival of the upwardly-moving first massaging member at the predetermined position; and a stop section that stops the vertically moving system in accordance with a result of detection by the upper detection section. However, Fumitaka discloses in [0034]-[0038] a massage mechanism that can ascend and descend automatically and is topped upon reaching a predetermined position. Thus 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 upper head to be able to be raised by the slide mechanism and stopped upon reaching a predetermined position to provide the advantage of enhanced safety mechanism and targeted massage.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of Shinsaku (JP 2018/183363).
Regarding claims 13 and 14, Watanabe substantially teaches the claimed invention except for a safety mechanism that stops the vertically moving system and/or the rockably supporting system in case of trouble during a downward movement of the first massaging member wherein the safety mechanism comprises: a lower detection section for detecting a hindrance to the downward movement of the first massaging member; and a stop section that stops the vertically moving system and/or the rockably supporting system in accordance with a result of detection by the lower detection section. However, Shinsaku discloses in fig. 5 and [0052]-[0057] a vertical movement mechanism 10 for moving massage mechanism 43 in the vertical direction wherein upon detection of a state of downward movement impediment, the vertical movement mechanism is stopped. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the vertical movement mechanism of Watanabe with a safety stop mechanisms as taught by Shinsaku to provide the advantage of enhanced safety for a user.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of Ishikawa (2012/0095376).
Regarding claim 16, Watanabe discloses the first massage ember is shaped generally as an elongate plate (as show, the shape is generally rectangular) and substantially teaches the claimed invention except for wherein the first massaging member is provided at its mid-portion with a rotatable pressing member, which is free to rotate about an axis pointing in a direction longitudinally of the first massaging member, for producing rotational pressure to perform pressing massage on user’s leg as a massage target. However, Ishikawa discloses using a rotary pressing member capable of rotating along the vertical direction ([0028], [0216], fig. 1). Thus 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 vertical movement mechanism of Watanabe with a rotating mechanisms as taught by Ishikawa to provide the advantage of enhanced massage action for user preference and/or need.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785