Prosecution Insights
Last updated: April 19, 2026
Application No. 17/820,981

PHYSIOLOGICAL MONITORING CHAIR

Non-Final OA §102§103
Filed
Aug 19, 2022
Examiner
GREIG, THOMAS W
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Masimo Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
127 granted / 171 resolved
+4.3% vs TC avg
Strong +24% interview lift
Without
With
+23.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
20 currently pending
Career history
191
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 171 resolved cases

Office Action

§102 §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 . Claim Objections Claim 84 is objected to because of the following informalities: Regarding claim 84, the limitation “a armrest portion” should read “an armrest portion”. Appropriate correction is required. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 88 and 91 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (U.S 2020/0163824 A1). Regarding claim 88, Kim discloses a physiological monitoring chair for monitoring one or more physiological parameters of a subject (Fig. 1, Paragraph 0009, 0014-0017), the physiological monitoring chair comprising: a base portion configured to rest atop a surface and support a weight of the subject (see Fig. 1, there is a base portion of the chair which rests on the ground to support the user and rest of the chair); a back portion connected to the base portion and configured to at least partially support a back of the subject when the subject is seated in the physiological monitoring chair (Fig. 1, the user rests their back on a back portion of the chair; also see Paragraph 0011, backrest); a leg portion connected to the base portion and configured to be positioned adjacent to legs of the subject when the subject is seated in the physiological monitoring chair (Fig. 1, the user has their legs in a leg portion of the chair; also see Paragraph 0011, leg rest); and a controller (Paragraph 0011 and Fig. 2-3, a controller 140 is in communication with the message module which delivers the massage and also provides driving signals to adjust the positions of the seat/back/arm/leg portions) configured to: receive one or more physiological parameters of the subject from at least one physiological measurement device (Paragraph 0011, 0014-0017, a sensor may be worn on the body to output biometric data from the user; The controller may receive the biometrics and control the massage/positioning of the massage chair); and cause the physiological monitoring chair to transition from a first configuration to a second configuration when a first value of said one or more physiological parameters exceeds a first threshold (Paragraph 0013, 0017, 0041, 0047, 0053-0054; Biometric signals can determine a relaxation index which when above a threshold value can cause the chair to adjust the positions and angles of the seat/backrest/armrest/leg rest/headrest to adjust the horizontality of the user and place them in a horizontal sleeping state from a first unadjusted state); wherein at least one of the back portion and leg portion is oriented at a different angle relative to said surface when the physiological monitoring chair is in said first configuration than when the physiological monitoring chair is in said second configuration (see Paragraph 0041 and 0047, the positions/angles of the seat/backrest/armrest/leg rest and headrest are adjusted to be more horizontal in the second configuration). Regarding claim 91, the device of Kim discloses the device of claim 88. Kim further discloses wherein when the physiological monitoring chair is in said first configuration, at least one of said back portion and said leg portion is oriented non-parallel with respect to said surface (see Fig. 1 and Paragraphs 0041, 0047; The chair in an unadjusted position has the back and leg portions substantially non-parallel with respect to the base/surface), and wherein when the physiological monitoring chair is in said second configuration, said back portion and said leg portion are oriented substantially parallel with respect to said surface (Paragraph 0041 and 0047, the massage chair portions are moved to be relatively horizontal compared to the base section and surface to allow for sleep). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 72, 74-77 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1) in view of Hu (U.S 2016/0089059 A1) and Cho (U.S 2022/0408205 A1). Regarding claim 72, Kim discloses a physiological monitoring chair for monitoring one or more physiological parameters of a subject (Fig. 1, Paragraph 0009, 0014-0017), the physiological monitoring chair comprising: a base portion configured to rest atop a surface and support a weight of the subject (see Fig. 1, there is a base portion of the chair which rests on the ground to support the user and rest of the chair); a back portion connected to the base portion and configured to at least partially support a back of the subject when the subject is seated in the physiological monitoring chair (Fig. 1, the user rests their back on a back portion of the chair; also see Paragraph 0011, backrest); a leg portion connected to the base portion and configured to be positioned adjacent to legs of the subject when the subject is seated in the physiological monitoring chair (Fig. 1, the user has their legs in a leg portion of the chair; also see Paragraph 0011, leg rest); at least one vibration motor (see Paragraph 0040 and 0011, forces are applied to the user to produce the massage, motors can be used to drive the massage); a controller in communication with said at least one vibration motor and a frame motor (Paragraph 0011 and Fig. 2-3, a controller 140 is in communication with the massage module which delivers the massage and also provides driving signals to adjust the positions of the seat/back/arm/leg portions; Paragraph 0040, motors can drive the actuation of the massage and additionally the seat must have a motor to adjust positions of the seat automatically according to the control signals), wherein the controller is configured to: receive, from at least one physiological measurement device, a plurality of physiological parameters of the subject (Paragraph 0014-0017, a sensor may be worn on the body to output biometric data from the user); instruct a frame motor to move said one or more frame portions to cause the physiological monitoring chair to transition from a first configuration to a second configuration (Paragraph 0013, 0017, 0041, 0047, 0053-0054; Biometric signals can determine a relaxation index which when above a threshold value can cause the chair to adjust the positions and angles of the seat/backrest/armrest/leg rest/headrest to adjust the horizontality of the user and place them in a horizontal sleeping state) when at least one of: a value of a second one of said plurality of physiological parameters exceeds a second threshold (Paragraph 0041 and 0047, a calculated relaxation index determined via biometric data can exceed a threshold/reference value which then adjusts the horizontality of the chair); wherein, when the physiological monitoring chair is in said first configuration, at least one of said back portion and said leg portion is oriented non-parallel with respect to said surface, and wherein when the physiological monitoring chair is in said second configuration, said back portion and said leg portion are oriented substantially parallel with respect to said surface (see Paragraph 0041 and 0047, the chair may transition between a first state where the positions/angles of the seat/backrest/armrest/leg rest and headrest are not substantially horizontal to a second state where the chair portions are substantially horizontal to allow sleeping of the user). Kim is silent regarding specifically one or more struts connected to said leg portion and said back portion and wherein a strut motor configured to move said one or more struts. However, Kim teaches the massage module driving part changes the positions and angles of the chair portions (Paragraph 0041) and wherein the driving force can be delivered by operating means such as motors (Paragraph 0040). Cho also teaches wherein a massaging chair can include struts in the leg and back portions of the chair (Fig. 2) and further wherein the angles and positioning of the struts can be adjusted by motor (Paragraph 0076, 0100-0101; Actuators can adjust the angle of the leg/back angles relative to the rest of the device; also see Paragraph 0036 regarding the actuators being motors). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included struts within the frame of the chair and to move the struts via a motor, such as that taught by Cho and Kim, in order to provide a known construction for the massage chair (Fig. 1-2 of Cho) which supports and allows for adjustment of the frame of the chair (Paragraph 0043, 0076, 0100-0101, Fig. 1-2). Kim is silent specifically regarding instructing the at least one vibration motor to cause vibration of at least a portion of the physiological monitoring chair when a first value of a first one of said plurality of physiological parameters exceeds a first threshold; instruct the at least one vibration motor to stop vibration of said portion of the physiological monitoring chair when a second value of said first one of said plurality of physiological parameters is less than said first threshold. However, Hu teaches instructing the at least one vibration motor to cause vibration of at least a portion of the physiological monitoring chair when a first value of a first one of said plurality of physiological parameters exceeds a first threshold (Paragraph 0064, vibration may be applied to relax the user when biometrics exceed a threshold; Heart/respiration rate/stress levels at elevated levels trigger the vibration); instruct the at least one vibration motor to stop vibration of said portion of the physiological monitoring chair when a second value of said first one of said plurality of physiological parameters is less than said first threshold (Paragraph 0064, the vibration is said to be provided to reduce elevated biometrics such as those indicative of stress; Thus, vibration can stop when the biometrics falls below the predetermined threshold and is indicative of normal levels; also see Paragraph 0071, 0075). Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included delivering vibration when the physiological parameters exceeds a first threshold and stopping the vibration when the parameters are below the first threshold, such as that taught by Hu, in order to reduce stress and return the user to normal biometrics via vibratory massage (Paragraph 0064). Regarding claim 74, the modified device of Kim discloses the device of claim 72. Kim further discloses a display configured to display information relating to said plurality of physiological parameters of the subject (Paragraph 0014, 0056, 0061; A display 240 visualizes data about the stress/fatigue index which is obtained via the biometric sensors). Regarding claim 75, the modified device of Kim discloses the device of claim 72. Kim further discloses wherein the controller is configured to wirelessly receive physiological information from the at least one physiological measurement device (Paragraph 0015, 0049, the sensor wirelessly transmits the biometric data to the terminal for analysis and adjustment/control of the massage; Paragraph 0038, the terminal delivers signals executable by the massage chair controller; Also see claim 5, the terminal includes a wireless receiver). Regarding claim 76, the modified device of Kim discloses the device of claim 72. Kim further discloses wherein the leg portion includes cavities, each of said cavities configured to receive and at least partially surround a leg of the subject (see Fig. 1, the leg portion includes a cavity in which the legs can be positioned; The cavities receive and surround the legs). Kim is silent regarding specifically wherein the controller is further configured to inflate a portion of each cavity when said first value of the first one of said plurality of physiological parameters exceeds said first threshold. However, Kim also teaches that massage chairs are known to also provide massage via inflation and deflation of an air bag in proximity to the body (Paragraph 0006). Hu additionally teaches application of massage to the body when a first value of the first one of said plurality of physiological parameters exceeds a first threshold (Paragraph 0064, vibration massage may be applied to relax the user when biometrics exceed a threshold; Heart/respiration rate/stress levels at elevated levels trigger the vibration). Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included inflating the leg cavities which a physiological parameter exceeds a first threshold, such as that taught by Kim and Hu, in order to provide a known mechanism for massaging the user (Paragraph 0006 of Kim) and to automatically deliver the massage to address or reduce stress in the user (Paragraph 0064 of Hu). Regarding claim 77, the modified device of Kim discloses the device of claim 72. Kim further discloses wherein the controller is configured to instruct the at least one vibration motor to cause vibration of the leg portion (Claim 3, Paragraph 0011, 0033-0034; The massage can apply force to the legs for targeted massage; Paragraph 0040, the output can be driven by acutators/motors). Kim is silent regarding causing vibration when said first value exceeds said first threshold. However, Hu teaches application of massage to the body when a first value of the first one of said plurality of physiological parameters exceeds a first threshold (Paragraph 0064, vibration massage may be applied to relax the user when biometrics exceed a threshold; Heart/respiration rate/stress levels at elevated levels trigger the vibration). Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have delivered vibration massage to the leg when a physiological parameter exceeds a first threshold, such as that taught by Hu, in order to automatically deliver the massage to address or reduce stress in the user (Paragraph 0064 of Hu). Claim 73 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1) in view of Hu (U.S 2016/0089059 A1) and Cho (U.S 2022/0408205 A1), as applied to claim 72, in further view of Le (U.S 2020/0241683 A1). Regarding claim 73, the modified device of Kim discloses the device of claim 72. Kim further discloses said at least one physiological measurement device (Paragraph 0014-0017, a sensor may be worn on the body to output biometric data from the user which is fed to the massage chair). Kim is silent regarding specifically wherein said at least one physiological measurement device is connected to a portion of said physiological monitoring chair via a cable, and wherein said physiological monitoring chair is configured to provide power to said at least one physiological measurement device. However, Le teaches wherein said at least one physiological measurement device is connected to a portion of said physiological monitoring chair via a cable, and wherein said physiological monitoring chair is configured to provide power to said at least one physiological measurement device (Paragraph 0108-0109 and Fig. 20, a health monitoring device 2100 may be connected to the user and to the chair via a cable 2180 and can measure blood pressure or heart rate monitoring, etc.; The cable 2180 is a detachable DC power supply cord and thus provides power to the sensor). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include a physiological measurement device connected to and powered by the chair via a cable, such as that taught by Le, in order to monitor blood pressure and alert other individuals to dangerous levels (Paragraph 0108) and monitor alternative biometrics (Paragraph 0108-0109). Claims 78-83 and 85 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1) in view of Hu (U.S 2016/0089059 A1). Regarding claim 78, Kim discloses a physiological monitoring chair for monitoring one or more physiological parameters of a subject (Fig. 1, Paragraph 0009, 0014-0017), the physiological monitoring chair comprising: a base portion configured to rest atop a surface and support a weight of the subject (see Fig. 1, there is a base portion of the chair which rests on the ground to support the user and rest of the chair); a back portion connected to the base portion and configured to at least partially support a back of the subject when the subject is seated in the physiological monitoring chair (Fig. 1, the user rests their back on a back portion of the chair; also see Paragraph 0011, backrest); a leg portion connected to the base portion and configured to be positioned adjacent to legs of the subject when the subject is seated in the physiological monitoring chair (Fig. 1, the user has their legs in a leg portion of the chair; also see Paragraph 0011, leg rest); at least one vibration motor (see Paragraph 0040 and 0011, forces are applied to the user to produce the massage, motors can be used to drive the massage); and a controller in communication with the at least one vibration motor (Paragraph 0011 and Fig. 2-3, a controller 140 is in communication with the massage module which delivers the massage and also provides driving signals to adjust the positions of the seat/back/arm/leg portions; Paragraph 0040, motors can drive the actuation of the massage and additionally the seat must have a motor to adjust positions of the seat automatically according to the control signals), wherein the controller is configured to: receive one or more physiological parameters of the subject from at least one physiological measurement device (Paragraph 0014-0017, a sensor may be worn on the body to output biometric data from the user). Kim is silent regarding specifically instructing the at least one vibration motor to cause vibration of at least a portion of the physiological monitoring chair based on said one or more physiological parameters of the subject. However, Hu teaches instructing the at least one vibration motor to cause vibration of at least a portion of the physiological monitoring chair based on one or more physiological parameters of a subject (Paragraph 0064, vibration may be applied to relax the user when biometrics exceed a threshold; Heart/respiration rate/stress levels at elevated levels trigger the vibration). Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included delivering vibration when the physiological parameters exceeds a first threshold, such as that taught by Hu, in order to reduce stress and return the user to normal biometrics via vibratory massage (Paragraph 0064). Regarding claim 79, the modified device of Kim discloses the device of claim 78. Hu further teaches wherein the controller is further configured to instruct the at least one vibration motor to cause vibration of said portion of the physiological monitoring chair when a first value of said one or more physiological parameters exceeds a first threshold (Paragraph 0064, vibration may be applied to relax the user when biometrics exceed a threshold; also see Paragraph 0057 regarding the microcontroller executing the instructions). Kim also teaches the controller adjusting the delivered massage (Paragraph 0011; Claim 3). Regarding claim 80, the modified device of Kim discloses the device of claim 79. Hu further teaches wherein the controller is further configured to instruct the at least one vibration motor to stop vibration of said portion of the physiological monitoring chair when a second value of said first one of said plurality of physiological parameters is less than said first threshold (Paragraph 0064, the vibration is said to be provided to reduce elevated biometrics such as those indicative of stress; Thus, vibration can stop when the biometrics falls below the predetermined threshold and is indicative of normal levels; also see Paragraph 0071, 0075; Paragraph 0057 regarding microcontroller executing the instructions). Regarding claim 81, the modified device of Kim discloses the device of claim 78. Kim further discloses wherein: the controller is further configured to cause the physiological monitoring chair to transition from a first configuration to a second configuration when a first value of said one or more physiological parameters exceeds a first threshold (Paragraph 0013, 0017, 0041, 0047, 0053-0054; Biometric signals can determine a relaxation index which when above a threshold value can cause the chair to adjust the positions and angles of the seat/backrest/armrest/leg rest/headrest to adjust the horizontality of the user and place them in a horizontal sleeping state); when the physiological monitoring chair is in said first configuration, at least one of said back portion and said leg portion is oriented non-parallel with respect to said surface (see Paragraph 0041 and 0047, the chair may transition between a first state where the positions/angles of the seat/backrest/armrest/leg rest and headrest are not substantially horizontal to a second state where the chair portions are substantially horizontal to allow sleeping of the user); and when the physiological monitoring chair is in said second configuration, said back portion and said leg portion are oriented substantially parallel with respect to said surface (see Paragraph 0041 and 0047, the chair may transition between a first state where the positions/angles of the seat/backrest/armrest/leg rest and headrest are not substantially horizontal to a second state where the chair portions are substantially horizontal to allow sleeping of the user). Regarding claim 82, the modified device of Kim discloses the device of claim 78. Kim further discloses said at least one physiological measuring device (Paragraph 0015, 0049, the massage chair includes a sensor which wirelessly transmits the biometric data to the terminal for analysis and adjustment/control of the massage). Regarding claim 83, the modified device of Kim discloses the device of claim 82. Kim further discloses wherein said at least one physiological measurement device comprises at least one of an oximetry sensor (Paragraph 0015-0016, the sensor measures biometric data which can include blood oxygen saturation/oximetry). Regarding claim 85, the modified device of Kim discloses the device of claim 78. Kim further discloses a display configured to display information relating to said plurality of physiological parameters of the subject (Paragraph 0014, 0056, 0061; A display 240 visualizes data about the stress/fatigue index which is obtained via the biometric sensors). Claim 84 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1) in view of Hu (U.S 2016/0089059 A1), as applied to claims 78 and 82-83, in view of Seo (U.S 2020/0085673 A1). Regarding claim 84, the modified device of Kim discloses the device of claim 83. Kim further discloses an armrest portion connected to the base portion and configured to support an arm of the subject when the subject is seated in the physiological monitoring chair (Fig. 1 and Paragraph 0006, 0011, 0034; The chair includes an armrest which supports the arms in use) and wherein said at least one physiological measurement device comprises an oximetry sensor (Paragraph 0015-0016, the sensor measures biometric data which can include blood oxygen saturation/oximetry). Kim is silent regarding the oximetry sensor integrated into the armrest portion. However, Seo teaches an oximetry sensor integrated into the armrest portion (Paragraph 0056 and Fig. 5; Biometric parameter sensor 8b can be disposed in the armrest portion where the user interfaces with the fingers; The sensor can monitor blood oxygen levels). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have disposed the oximetry sensor into the armrest portion, such as that taught by Seo, in order to sense biometrics from the user when the user places their arms/fingers down (Paragraph 0056, Fig. 1). Claim 86 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1) in view of Hu (U.S 2016/0089059 A1), as applied to claims 78 and 85, in view of Freeman (U.S 2018/0110667 A1). Regarding claim 86, the modified device of Kim discloses the device of claim 85. Kim is silent regarding wherein said display is located on a side of the back portion that does not face toward the subject when the subject is seated in the physiological monitoring chair. However, Freeman teaches a patient support frame wherein a display is located on a side of a back portion that does not face toward the subject when the subject is seated in the physiological monitoring chair (Paragraph 0005, the patient support structure can be a stretcher chair; also see Paragraph 0056 and Fig. 2a, display 116a is disposed on the back-supporting portion which does not face towards the patient and allows for display of the angle of disposition relative to the rest of the device). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included a display on the back portion facing away from the subject when seated, such as that taught by Freeman, in order to aid a care provider in tilting or maneuvering of the user in the chair for a plurality of situations (Paragraph 0057). Claim 87 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1) in view of Hu (U.S 2016/0089059 A1), as applied to claims 78 and 85, in view of Hanada (U.S 2020/0129370 A1). Regarding claim 87, the modified device of Kim discloses the device of claim 85. Kim is silent regarding wherein said display is connected to a mounting assembly connected to the base portion and configured to mount the display at a location away from the base portion. However, Hanada teaches a massage chair assembly wherein said display is connected to a mounting assembly connected to the base portion and configured to mount the display at a location away from the base portion (Paragraph 0047 and Fig. 1; A massage chair can have an operation portion 30 which includes a display which is detachably attached to a stand 31; The positioning of stand 31 can be adjusted to place the display optimally with respect to the user). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include connecting the display to a mounting assembly which can be positioned away from the base portion, such as that taught by Hanada, in order to fix and adjust the input device optimally from the user for ease of use (Paragraph 0047). Claim 89 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1), as applied to claim 88, in view of Cho (U.S 2022/0408205 A1). Regarding claim 89, Kim discloses the device of claim 88. Kim is silent regarding specifically a motor and one or more struts connected to said motor and to said back portion and said leg portion, wherein said controller moves said one or more struts to cause the transition from the first to the second configuration. However, Kim teaches where in the controller controls the massage module driving part and changes the positions and angles of the chair portions to transition from the first to the second configuration (Paragraph 0041) and wherein the driving force can be delivered by operating means such as motors (Paragraph 0040). Cho also teaches wherein a massaging chair can include struts in the leg and back portions of the chair (Fig. 2) and further wherein the angles and positioning of the struts can be adjusted by motor (Paragraph 0076, 0100-0101; Actuators can adjust the angle of the leg/back angles relative to the rest of the device; also see Paragraph 0036 regarding the actuators being motors). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included struts within the frame of the chair and to move the struts via a motor, such as that taught by Cho and Kim, in order to provide a known construction for the massage chair (Fig. 1-2 of Cho) which supports and allows for adjustment of the frame of the chair (Paragraph 0043, 0076, 0100-0101, Fig. 1-2). Claim 90 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S 2020/0163824 A1), as applied to claim 88, in view of Le (U.S 2020/0241683 A1). Regarding claim 90, Kim discloses the device of claim 88. Kim is silent regarding wherein said one or more physiological parameters comprises blood pressure of the subject. However Le teaches a massaging chair which measures and monitors the blood pressure of the subject (Paragraph 0108 and Fig. 20; The massage chair can have heart rate monitoring device 2100 which is attached to the massage chair through cord 2180). It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include measuring blood pressure, such as that taught by Le, in order to monitor blood pressure and alert other individuals to dangerous levels (Paragraph 0108) and monitor alternative biometrics (Paragraph 0108-0109). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM. 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. /THOMAS W GREIG/Examiner, Art Unit 3785 /JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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Prosecution Timeline

Aug 19, 2022
Application Filed
Oct 14, 2025
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
98%
With Interview (+23.6%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 171 resolved cases by this examiner. Grant probability derived from career allow rate.

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