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 .
Priority
Acknowledgment is made of Applicant' s claim for priority under 35 U.S.C. § 119(e) with reference to Application Number: 63/051164 filed on 7/13/2020.
Claims 1-16 have a priority date of 5/27/2022 because they recite a power source within the interior portion configured for providing power to the motor and a printed circuit board housed within the interior portion configured for controlling the motor. The earliest priority date for these features is the filing date of the instant application.
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.
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holbert (US PGPub 20210259914).
Regarding claim 1, Holbert teaches a powered massage head system (Fig, 2 and paragraph 5, the device applies vibration to the body, vibrations are massaging to a user), comprising: an exterior portion (fig. 6, exterior 123; see paragraph 65), an interior portion (fig. 6, interior portion where components 124, 122, and 129 are located), a top portion (fig. 6, top portion where element 126 is located), and a bottom portion (fig. 6, bottom portion underneath), wherein the top portion is formed to contact a portion of a user's body (see paragraph 65 and fig. 6, any portion of the housing is able to contact the user’s body. A user can touch the top part of the device); a motor within the interior portion (fig. 6, motor 122; see paragraph 65); a power source within the interior portion and configured for providing power to the motor (fig. 6, battery 124; see paragraph 65) ; and a printed circuit board housed within the interior portion and configured for controlling the motor (fig. 6, pcb 129; see paragraph 65).
Regarding claim 11 Holbert teaches a method of forming a powered massage head system (Fig, 2 and paragraph 5, the device applies vibration to the body, vibrations are massaging to a user), comprising acts of forming an exterior portion (fig. 6, exterior 123; see paragraph 65), an interior portion (fig. 6, interior portion where components 124, 122, and 129 are located), a top portion (fig. 6, top portion where element 126 is located), and a bottom portion (fig. 6, bottom portion underneath), wherein the top portion is formed to contact a portion of a user's body (see paragraph 65 and fig. 6, any portion of the housing is able to contact the user’s body. A user can touch the top part of the device); positioning a motor within the interior portion (fig. 6, motor 122; see paragraph 65); positioning a power source within the interior portion and connecting the power source with the motor (fig. 6, battery 124; see paragraph 65); and positioning a printed circuit board housed configured to control the motor within the interior portion (fig. 6, pcb 129; see paragraph 65. Further, examiner notes this doesn’t require the printed circuit board to be within the interior portion, just positioned to control the motor within the interior portion).
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.
Claims 1-6, 8-9, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Castillo (US PGPub 20210196946) in view of Holbert (US PGPub 20210259914).
Regarding claim 1, Castillo teaches a powered massage head system (Fig, 3b and abstract), comprising: an exterior portion (see annotated fig. 3c), an interior portion (fig. 3B, interior portion that has a motor 340; see paragraph 54), a top portion (see annotated fig. 3c), and a bottom portion (fig. 3A, bottom portion 315), wherein the top portion is formed to contact a portion of a user's body (see paragraph 52 and fig 4, the top portion extends toward the user and contacts the user); a motor within the interior portion (fig. 3b, motor 340).
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Annotated fig. 3c of Castillo
Castillo does not teach a power source within the interior portion and configured for providing power to the motor and a printed circuit board housed within the interior portion and configured for controlling the motor.
However, Holbert teaches an analogous massage head system (Fig, 2 and paragraph 5, the device applies vibration to the body, vibrations are massaging to a user), comprising: an), an interior portion (fig. 6, interior portion where components 124, 122, and 129 are located), a motor within the interior portion (fig. 6, motor 122; see paragraph 65); a power source within the interior portion and configured for providing power to the motor (fig. 6, battery 124; see paragraph 65) ; and a printed circuit board housed within the interior portion and configured for controlling the motor (fig. 6, pcb 129; see paragraph 65).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the power source and printed circuit board to be located within the interior portion as taught by Holbert for the purpose of making the vibration generator a standalone device that can be used with different backings for mounting (see paragraph 29 of Holbert). Further this rearrangement of parts would not modify the operation of the device. Castillo teaches a battery and circuit board but in the backing the massage head is mounted to. Holbert teaches that these components can be located in the vibration generator itself rather than the mounting and still function to generate vibration.
Regarding claim 2, Castillo, as modified, further teaches a protrusion extending from the bottom portion (fig. 3A, 312; see paragraph 55), wherein the protrusion is formed to be removably inserted into a massage board (see paragraph 55, and fig. 5A, the protrusion fits into board 515).
Regarding claim 3, Castillo, as modified, further teaches wherein the exterior portion extending from the bottom portion to the top portion is substantially curved (see fig. 3B, the exterior portion is curved in a dome shape).
Regarding claim 4, Castillo, as modified, further teaches wherein the exterior portion extending from the bottom portion to the top portion is substantially straight (see annotated fig. 3c above).
Regarding claim 5, Castillo, as modified, further teaches wherein the top portion forms an arch having a first end and a second end (see fig. 3B, the top portion is arched shaped, having two ends; see fig. 3C showing the ends of the top portions stop at portion 325)).
Regarding claim 6, Castillo, as modified, further teaches wherein the motor is configured to cause a vibratory action of the exterior portion (see paragraphs 54 and 74).
Regarding claim 8, Castillo, as modified, further teaches a control element configured to send signals to the printed circuit board (see fig. 5a, control element 520; see paragraph 64-65, the remote control 520 wireless sends signals to control the vibration. As modified, the vibration is controlled by the internal printed circuit board).
Regarding claim 9, Castillo, as modified, further teaches wherein the control element is a wireless remote (see fig. 5a, remote 520; see paragraph 64).
Regarding claim 11, Castillo teaches a method of forming a powered massage head system (Fig, 3b and abstract;), comprising acts of forming an exterior portion (fig. 3A, exterior 320; see paragraph 52), an interior portion (fig. 3B, interior portion that has a motor 340; see paragraph 54), a top portion (fig. 3b, top portion where arrow 335 is pointing to), and a bottom portion (fig. 3A, bottom portion 315), wherein the top portion is formed to contact a portion of a user's body (see paragraph 52 and fig 4, the top portion extends toward the user and contacts the user); positioning a motor within the interior portion (fig. 3b, motor 340).
Castillo does not teach a positioning a power source within the interior portion and connecting the power source with the motor; configuring the power source to provide power to the motor; and positioning a printed circuit board configured to control the motor within the interior portion.
However, Holbert teaches an analogous method of forming a massage head system (Fig, 2 and paragraph 5, the device applies vibration to the body, vibrations are massaging to a user), comprising: an interior portion (fig. 6, interior portion where components 124, 122, and 129 are located), positioning a motor within the interior portion (fig. 6, motor 122; see paragraph 65); positioning a power source within the interior portion and configuring the power source to provide power to the motor (fig. 6, battery 124; see paragraph 65) ; and positioning a printed circuit board within the interior portion and configure the circuit board to control the motor (fig. 6, pcb 129; see paragraph 65).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the method of Castillo to include positioning the power source and printed circuit board to be located within the interior portion, the power source configured to provide power to the motor and the circuit board configured to control the motor, as taught by Holbert for the purpose of making the vibration generator a standalone device that can be used with different backings for mounting (see paragraph 29 of Holbert). Further this rearrangement of parts would not modify the operation of the device. Castillo teaches a battery and circuit board but in the backing the massage head is mounted to. Holbert teaches that these components can be located in the vibration generator itself rather than the mounting and still function to generate vibration.
Regarding claim 12, Castillo, as modified, further forming a protrusion extending from the bottom portion (fig. 3A, 312; see paragraph 55), wherein the protrusion is formed to be removably inserted into a massage board (see paragraph 55, and fig. 5A, the protrusion fits into board 515).
Regarding claim 13, Castillo, as modified, further teaches an act of forming the exterior portion extending from the bottom portion to the top portion is substantially curved (see fig. 3B, the exterior portion is curved in a dome shape).
Regarding claim 14, Castillo, as modified, further teaches the act of forming the exterior portion extending from the bottom portion to the top portion is substantially straight (see annotated fig. 3c above).
Regarding claim 15, Castillo, as modified, further teaches an act of forming the top portion forms an arch having a first end and a second end (see fig. 3B, the top portion is arched shaped, having two ends; see fig. 3C showing the ends of the top portions stop at portion 325)).
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Castillo (US PGPub 20210196946) in view of Holbert (US PGPub 20210259914) as applied to claims 1 and 11 above and further in view of Albeck (US PGPub 20050283104).
Regarding claim 7, Castillo, as modified, teaches all previous elements of the claim as stated above. Castillo does not teach an outer covering having an aperture therein, wherein the outer covering fits over at least a portion of the top portion.
However, Albeck teaches an analogous massage device (abstract and fig. 2) wherein the massage head (fig. 2, 26) further comprises an outer covering (fig. 2, covering 52; see paragraph 26) having an aperture therein (fig. 2, mesh portion 56; see paragraph 26), wherein the outer covering fits over at least a portion of the top portion (see fig. 2 and paragraph 26, the mesh fits over the top of the massage head 26 and allows the massage head to push upward into the mesh, stretching the mesh).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the massage head of Castillo to have a covering with a mesh portion over at least a portion of the top portion to provide a protective covering that can be removed and washed but that allows movement of the massage head beneath it.
Regarding claim 16, Castillo, as modified, teaches all previous elements of the claim as stated above. Castillo does not teach forming an outer covering having an aperture therein, and positioning the outer covering over at least a portion of the top portion of the massage head.
However, Albeck teaches an analogous massage device (abstract and fig. 2) wherein the massage head (fig. 2, 26) further comprises an outer covering (fig. 2, covering 52; see paragraph 26) having an aperture therein (fig. 2, mesh portion 56; see paragraph 26), wherein the outer covering fits over at least a portion of the top portion (see fig. 2 and paragraph 26, the mesh fits over the top of the massage head 26 and allows the massage head to push upward into the mesh, stretching the mesh).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the method of Castillo to comprise forming a covering with a mesh portion over at least a portion of the top portion to provide a protective covering that can be removed and washed but that allows movement of the massage head beneath it.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Castillo (US PGPub 20210196946) in view of Holbert (US PGPub 20210259914) as applied to claim 1 above and further in view of Mayo et al. (US PGPub 20170296775).
Regarding claim 10, Castillo, as modified, teaches all previous elements of the claim as stated above. Castillo does not teach wherein the control element is a mobile application on a mobile device.
However, Mayo teaches an analogous vibrating device (abstract and fig. 2) wherein the device comprises a control element (fig. 2, 102; see paragraph 37) wherein the control element is a mobile application on a mobile device (see paragraph 37).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the control element of Castillo to be a mobile application on a mobile device, as taught by Mayo because Mayo teaches this is a known alternative to a remote-control device (see paragraph 37 of Mayo). A mobile device is a known, convenient means of controlling a secondary device wirelessly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Carr (US PGPub 20210236372), Wilson (US PGPub 20130324382), and Sargent (US PGPub 20060142675).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAVANNAH GABRIEL whose telephone number is (571)272-6462. The examiner can normally be reached 7:30 - 4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Scott Lee can be reached at 571-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.G./Examiner, Art Unit 3785 /VICTORIA MURPHY/Supervisory Patent Examiner, Art Unit 4100
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