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 Amendments
The Amendment filed 9/3/3035 has been entered. Claims 4 and 6-7 were amended, claims 1-3 and 9-10 were canceled, and claims 11-13 were new. Thus, claims 4-8 and 11-13 are pending in the application.
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.
Claim 6 is 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 6, the limitation “at least two of said massage nozzles comprising different relief surfaces” in lines 1-2 is confusing, as it is unclear whether or not this limitation is meant to include “a massage nozzle…comprising a relief surface” of claim 4. For the purposes of examination, it will be interpreted as including “a massage nozzle…comprising a relief surface” of claim 4. Furthermore, the limitation “different local areas of the patient’s body” in lines 2-3 is confusing, as it is unclear whether or not this limitation is meant to include “a selected local area of the patient’s body” of claim 4.
Claim Rejections - 35 USC § 102/103
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 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.
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Walker et al. (US 2009/0192422 A1) in view of Takashima (US 2005/0203446 A1) and Rainone et al. (US 2007/0163573 A1).
Regarding claim 4, Walker discloses a method of massage (handheld massagers for providing hydrotherapy and/or vibratory or pulse massage therapy) (abstract), comprising:
bringing a massage nozzle in contact with a patient's body (massaging head 50, 60, 80 contacts a user’s body part to provide vibratory therapy) (Walker; Figs. 1-17; para. [0038]), the massage nozzle comprising a relief surface comprising continuous channels (an outer surface of a massaging head 50, 80, 90 can be provided with a plurality of openings 56, 84, 94 through which the water flows) (Figs. 6, 8, 12-13, 16; paras. [0039-0041]) surrounding a central passage channel (openings 56, 84, 94 are around the space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90) (Figs. 6, 8, 12-13, 16; para. [0039]; para. [0041]) and said massage nozzle connected to a generator for moving a medium under pressure (handheld massager 10 with a massaging head 50, 60, 80, 90, 120 is adapted to be connected to a primary fluid source of a pool or spa, such as its piping, an outlet, or a jet assembly 6 to supply a fluid flow at a pressure) (Fig. 1; paras. [0028-0029]; para. [0038]);
wherein the medium flows through the central passage channel of the massage nozzle and then flows between the relief surface of the massage nozzle and the patient's body (fluid flows from hollow space inside massaging head 50, 60, 80 and out a plurality of openings 56, 84, 94, thereby having the fluid between the outer surface of a massaging head 50, 60, 80 and the user’s body parts) (Figs. 6, 8, 12-13, 16; para. [0037]; paras. [0039-0041]) with the continuous channels forming pulsating flows (the fluid flow from the plurality of openings 56, 84, 94 can be used to provide a vibratory or pulse massage therapy, and the massaging heads can provide a variable or an oscillating stream of fluid for the vibratory therapy) (Figs. 6, 8, 12-13, 16; para. [0028]; para. [0037]; paras. [0039-0041]);
and directing the pulsating flows of the medium to act on a selected local area of the patient's body (the handheld massager used with the fluid flow has massage heads tailored for use with specific body parts of a user) (para. [0010]; para. [0037]).
Walker does not disclose directing the pulsating flows of the medium to act on a selected local area of the patient's body until resonant vibrations occur in a range of sound frequencies characteristic of the selected local area.
However, Takashima teaches a hand-held massager that uses vibration (Takashima; abstract) wherein the device acts on a selected local area of a patient until resonant vibrations occur in a range of sound frequencies characteristic of the selected local area (vibrator 7 vibrates with a frequency that is the resonance frequency of the body part to be massaged) (Takashima; paras. [0022-0023]). Moreover, Rainone teaches a device with a fluid oscillator for providing a pulsating stream of droplets capable of inducing a vibrating effect on a skin surface (Rainone; abstract) including directing the pulsating flows of the medium to act on a selected local area of a patient until resonant vibrations occur in a range of sound frequencies characteristic of the selected local area (the fluid is sprayed onto the skin surface in a pulsating stream having a frequency about the resonant frequency of the skin surface) (Rainone; para. [0064]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Walker method of directing pulsating flows such that it directs the pulsating flows of the medium to act on a selected local area of a patient until resonant vibrations occur in a range of sound frequencies characteristic of the selected local area, as taught by Takashima and Rainone, for the purpose of helping to provide an optimal massage to each particular body part (Takashima; abstract).
Regarding claim 5, the modified Walker teaches wherein a flow rate of the medium is adjustable (jet assembly of the pool or spa used to control the fluid flow, and/or fluid flow controls on the massager 10 to turn flow on/off and vary the volume of fluid flow to low/medium/high) (Walker; para. [0032]).
Regarding claim 6, as best understood, the modified Walker teaches wherein at least two of said massage nozzles comprising different relief surfaces are used for different local areas of the patient's body (different massaging heads 50, 60, 80, 90, 120 with different surfaces are adapted for massaging different parts of the body) (Walker; Figs. 1-17; para. [0038]).
Claims 7-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Walker or, in the alternative, under 35 U.S.C. 103 as obvious over Walker in view of De Simone (US 6,338,170 B1).
Regarding claim 7, Walker discloses a massage device (handheld massagers) (abstract) comprising:
a generator for moving a medium connected to massage nozzles (handheld massager 10 is adapted to be connected to a primary fluid source of a pool or spa, such as its piping, an outlet, or a jet assembly 6; multiple handheld massagers 10 are disclosed) (Fig. 1; abstract; para. [0001]; para. [0029]);
wherein a surface of the massage nozzles is provided with continuous channels to form a pulsating flow of the medium (an inner and/or outer surface of a massaging head 50, 80, 90 can be provided with a plurality of openings 56, 84, 94 through which the water flows; the fluid flow from the massager can be used to provide a vibratory or pulse massage therapy, and the massaging heads can provide a variable or an oscillating stream of fluid for the vibratory therapy) (Figs. 6, 8, 12-13, 16; para. [0028]; para. [0037]; paras. [0039-0041]);
and wherein each massage nozzle of said massage nozzles comprises one central passage channel for the medium (space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90 through which water would flow) (Figs. 6, 8, 12-13, 16; paras. [0039-0041]) and wherein said continuous channels are located around the central passage channel (openings 56, 84, 94 are around the space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90) (Figs. 6, 8, 12-13, 16; para. [0039]; para. [0041]).
Alternatively, if Walker is not seen as disclosing massage nozzles as Walker does not explicitly disclose having multiple massage nozzles at once, De Simone teaches a device for water massage (De Simone; abstract) including having multiple massage nozzles at once (one rotatable body can be hung while the other is seized, and both are provided to the water supply inlet) (De Simone; Fig. 9; col. 3, lines 4-11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Walker device such that it has multiple massage nozzles at once, as taught by De Simone, for the purpose of allowing a user to hang one and seize the other (De Simone; col. 3, lines 4-11), and thereby allowing for two different places on the user to be massaged at once.
Regarding claim 8, the modified Walker teaches wherein the generator and the massage nozzles are connected by flexible hoses (each Walker handheld massager 10 would have a hose 8 to its primary fluid source 6, as taught by De Simone) (Walker, Figs. 1-6, para. [0029]; De Simone, Fig. 9).
Claims 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker.
Regarding claim 11, Walker discloses a massage device (handheld massagers for providing hydrotherapy and/or vibratory or pulse massage therapy) (abstract) comprising:
a generator for moving a medium connected to at least one massage nozzle (handheld massager 10 with a massaging head 50, 60, 80, 90, 120 is adapted to be connected to a primary fluid source of a pool or spa, such as its piping, an outlet, or a jet assembly 6 to supply a fluid flow at a pressure) (Fig. 1; paras. [0028-0029]; para. [0038]);
wherein a surface of the at least one massage nozzle is provided with continuous channels (an outer surface of a massaging head 50, 80, 90 can be provided with a plurality of openings 56, 84, 94 through which the water flows) (Figs. 6, 8, 12-13, 16; paras. [0039-0041]) to form a pulsating flow of the medium (the fluid flow from the plurality of openings 56, 84, 94 can be used to provide a vibratory or pulse massage therapy, and the massaging heads can provide a variable or an oscillating stream of fluid for the vibratory therapy) (Figs. 6, 8, 12-13, 16; para. [0028]; para. [0037]; paras. [0039-0041]), and
wherein the at least one massage nozzle comprises one central passage channel for the medium (space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90 through which water would flow) (Figs. 6, 8, 12-13, 16; paras. [0039-0041]) and wherein said continuous channels are located around the central passage (openings 56, 84, 94 are around the space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90) (Figs. 6, 8, 12-13, 16; para. [0039]; para. [0041]).
Regarding claim 12, Walker discloses wherein the generator and the massage nozzle are connected by a flexible hose (handheld massager 10 has a hose 8 to its primary fluid source 6) (Figs. 1-6; para. [0029]).
Regarding claim 13, Walker discloses wherein said massage nozzle comprises three of said continuous channels located around the central passage (a plurality of openings 56, 84, 94 can be provided around the space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90; Figs. 12-13, 16 illustrate having at least three openings) (Figs. 12-13, 16; para. [0039]; para. [0041]).
Response to Arguments
Applicant's arguments filed 9/3/2025 have been fully considered but they are not persuasive.
On pages 8-9 in the “Drawing Objections” and “Claim Objections” sections of the Applicant’s remarks, the Applicant argues that the drawings and claims have been amended to overcome the objections of the previous office action. The Examiner agrees, and has thus withdrawn those objections.
On page 9 in the “Claim Rejections under 35 U.S.C. 112” section of the Applicant’s remarks, the Applicant argues that the claims have been amended to overcome the 35 U.S.C. 112(b) rejections of the previous office action. The Examiner partially agrees, and has thus withdrawn those rejections which were addressed. However, the newly amended claim 6 remains rejected under 35 U.S.C. 112(b) as detailed above.
On page 10 in the first paragraph of the Applicant’s remarks, the Applicant argues that Walker does not teach the variable streams being formed by continuous channels as claimed, but rather a jet internal to the massage head, and thus Walker cannot teach the Applicant’s claimed invention. However, the Examiner respectfully disagrees. While the jet assembly inside the massage head does play a part in forming the variable streams, so too do the openings 56, 84, 94 through which the water flows. The water moves from the jet assembly to exit through the openings 56, 84, 94 in oscillating streams to reach the user. In other words, the openings 56, 84, 94 are the last structure of the device which impacts the exiting formation of the oscillating water streams used to massage a user (Walker; Figs. 6, 8, 12-13, 16; paras. [0039-0041]). Thus, the Walker reference can still be used to teach the Applicant’s invention as currently claimed.
On page 10 in the first paragraph of the Applicant’s remarks, the Applicant argues that while the Walker massage head vibrates in response to fluid flow, Walker does not teach the medium itself is pulsating, and thus Walker cannot teach the Applicant’s claimed invention. However, the Examiner respectfully disagrees. Although the Walker massage head can vibrate in response to fluid flow, the fluid itself can also be pulsating. Specifically, Walker para. [0040] recites, “reciprocal motion…providing an oscillating stream of fluid for hydrotherapy”. Thus, the Walker reference can still be used to teach the Applicant’s invention as currently claimed.
On page 10 in the second to fourth paragraphs of the Applicant’s remarks, the Applicant argues that the Takashima and Rainone references do not teach a medium under pressure to deliver pulsating flows, and thus cannot teach the Applicant’s claimed invention. However, the Examiner respectfully disagrees. The Examiner does not use the Takashima and Rainone references to teach that feature, rather the Walker reference is used as detailed above, and so this argument is moot. Thus, the current prior art of record can still be used to teach the Applicant’s invention as currently claimed.
On page 11 in the second paragraph of the Applicant’s remarks, the Applicant argues that Walker’s different openings in the different massing heads do not disclose the continuous channels on a surface of the massage nozzles, forming a pulsating flow of the medium, and located around a central passage channel, and thus Walker cannot be used to teach the Applicant’s claimed invention. However, the Examiner respectfully disagrees. The Walker reference does teach the features of continuous channels on a surface of the massage nozzles (an inner and/or outer surface of a massaging head 50, 80, 90 can be provided with a plurality of openings 56, 84, 94 through which the water flows) (Walker; Figs. 6, 8, 12-13, 16; paras. [0039-0041]), forming a pulsating flow of the medium (the fluid flow from the massager can be used to provide a vibratory or pulse massage therapy, and the massaging heads can provide a variable or an oscillating stream of fluid for the vibratory therapy) (Walker; Figs. 6, 8, 12-13, 16; para. [0028]; para. [0037]; paras. [0039-0041]), and located around a central passage channel (openings 56, 84, 94 are around the space inside a jet assembly 30, 130 and a hollow massaging head 50, 80, 90) (Walker; Figs. 6, 8, 12-13, 16; para. [0039]; para. [0041]). Thus, the Walker reference can still be used to teach the Applicant’s invention as currently claimed.
On page 11 in the last paragraph of the Applicant’s remarks, the Applicant argues that the De Simone reference do not teach continuous channels on a surface of the massage nozzles, forming a pulsating flow of the medium, and located around a central passage channel, and thus De Simone cannot teach the Applicant’s claimed invention. However, the Examiner respectfully disagrees. The Examiner does not use the De Simone reference to teach those features, rather the Walker reference is used as detailed above, and so this argument is moot. Thus, the current prior art of record can still be used to teach the Applicant’s invention as currently claimed.
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 JACQUELINE M PINDERSKI whose telephone number is (571)272-7032. The examiner can normally be reached Monday-Friday 7:00-4:00.
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785