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 Amendment
This Office Action is in response to the amendment filed on 09/12/2025. Claims 1 and 11 are as amended. Claims 6-7 and 16 are canceled. Claims 2-5, 8-10, and 12-15 are as originally presented. As such, claims 1-5 and 8-15 are pending in the instant application.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
Claim 1 (line 12) and claim 11 (line 16): “the aperture” should read “the single aperture” for consistency and clarity.
Appropriate correction is required.
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.
Claims 1-5 and 8-10 are 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.
Claim 1 recites “[a] powered massage head” in the preamble (see line 1). It is unclear the preamble is supposed to read “powered massage head” or “powered massage head system”, as the dependent claims therein (claims 2-5 and 8-10) recite “powered massage head system”. For the purpose of examination, a powered massage head, as recited in line 1 of claim 1, will be interpreted as – powered massage head system – based on the recitation of “powered massage head system” in the claims depending from claim 1 (claims 2-5 and 8-10).
Claims 2-5 and 8-10 are rejected due to their dependency on a rejected claim.
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.
Claims 1-5, 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), and in further view of Naganuma (US PGPub 20090306561).
Regarding claim 1, as best understood by the Examiner, Castillo teaches a powered massage head (Fig, 3b and abstract; see 112b rejection of claim 1 above for interpretation), 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) configured to cause a percussive action of the top portion (last sentence of [0054]; Examiner’s Note: Interpreting “percussive action” as vibration based on [00071] of Applicant’s specification).
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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 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.
Castillo does not teach an exterior portion comprising an outer covering having a single aperture therein, wherein a tip of the top portion is configured to move in and out of the aperture during the percussive action.
However, Naganuma teaches an analogous massage head system (fig. 1, device 1; the device applies a tapping and/or pulsating sensation to the body, see [0066], where pulsations refer to a rhythmic throbbing or vibration, see first sentence of [0043]), comprising: an exterior portion (fig. 1, housing 10), an interior portion (fig. 1, interior portion enclosed by housing 10), a top portion (fig. 1, movable head 30) formed to contact a portion of a user’s body (see second sentence of Abstract); a motor within the interior portion (fig. 1, automatic means 50) configured to cause a percussive action of the top portion (see first sentence of [0063]); wherein the exterior portion (housing 10) comprises an outer covering (fig. 7, collar 150) having a single aperture therein (inherent to one of ordinary skill in the art that collar 150 has a single opening such that movable head 30 is still able to contact the body surface, see last sentence of [0072], see Fig. 7B), wherein a tip of the top portion (tip of movable head 30) is configured to move in and out of the aperture during the percussive action ([0072]; fig. 7A).
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 exterior portion to have an outer covering, as taught by Naganuma, for the purpose of muffling sounds emerging from the powered massage head system to improve a user’s experience when using the device, and to stabilize the device against the user’s body (see Naganuma [0073]). Further, the addition of an outer covering would not modify the operation of the device, as Naganuma teaches the collar (150) is of a geometry and/or mechanical property that does not prohibit the movable head (30) from contacting the body surface ([0072]), and thus does not impact or modify the tapping function performed by the movable head (30) on the body surface.
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 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 a powered massage head (fig. 3B, pressure point knob 110) having 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), wherein the motor is configured to cause a percussive action of the top portion (last sentence of [0054]; Examiner’s Note: Interpreting “percussive action” as vibration based on [00071] of Applicant’s specification).
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.
Castillo does not teach an outer covering having a single aperture therein; positioning the outer covering over at least a portion of the top portion of the powered massage head; nor causing a tip of the top portion to move in and out of the aperture during the percussive action.
However, Naganuma teaches an analogous method of forming a massage head system (fig. 1, device 1; the device applies a tapping and/or pulsating sensation to the body, see [0066], where pulsations refer to a rhythmic throbbing or vibration, see first sentence of [0043]), comprising: an exterior portion (fig. 1, housing 10), an interior portion (fig. 1, interior portion enclosed by housing 10), a top portion (fig. 1, movable head 30) formed to contact a portion of a user’s body (see second sentence of Abstract); positioning a motor within the interior portion (fig. 1, automatic means 50), wherein the motor (automatic means 50) is configured to cause a percussive action of the top portion (see first sentence of [0063]); forming an outer covering (fig. 7, collar 150) having a single aperture therein (inherent to one of ordinary skill in the art that collar 150 has a single opening such that movable head 30 is still able to contact the body surface, see last sentence of [0072], see Fig. 7B); positioning the outer covering over at least a portion of the top portion of the powered massage head(see figs. 7A-7B); and causing a tip of the top portion (tip of movable head 30) to move in and out of the aperture during the percussive action ([0072]; fig. 7A).
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 exterior portion to have an outer covering, as taught by Naganuma, for the purpose of muffling sounds emerging from the powered massage head system to improve a user’s experience when using the device, and to stabilize the device against the user’s body (see Naganuma [0073]). Further, the addition of an outer covering would not modify the operation of the device, as Naganuma teaches the collar (150) is of a geometry and/or mechanical property that does not prohibit the movable head (30) from contacting the body surface ([0072]), and thus does not impact or modify the tapping function performed by the movable head (30) on the body surface.
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).
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) in view of Naganuma (US PGPub 20090306561) as applied to claims 1 and 8 above, and further in view of Mayo et al. (US PGPub 20170296775; hereinafter “Mayo”).
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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11, and their dependents therein, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On pages 6-8 of the Remarks (filed on 09/12/2025), Applicant argues Albeck, Holbert, and Castillo fail to teach an exterior portion with an outer covering having a single aperture therein and a tip of a top portion being configured to move in and out of said aperture during percussive action, as required by amended claims 1 and 11. Applicant’s arguments are moot as they rely upon amended limitation (see lines 10-13 of amended claim 1 and lines 13-17 of amended claim 11), wherein said amended limitations change the scope of claims 1 and 11. As such, Naganuma is provided to teach a massage head system, and a method of forming a massage head system, wherein said massage head system includes a device housing (fig. 1, 10), and interior portion enclosed by said device housing (see fig. 1), a movable head (fig. 1, 30) to contact a portion of a user’s body (abstract); an automatic means (fig. 1, 50) located within the interior portion (see fig. 1) to facilitate the movement of the movable head (first sentence of [0063]); a collar (fig. 7, 150) with a single aperture (inherent to one of ordinary skill in the art that collar 150 has a single opening such that movable head 30 is still able to contact the body surface, see last sentence of [0072], see Fig. 7B), wherein the outer cover (150) covers at least a portion of the movable head (see figs. 7A-7B), wherein a tip of the moveable head (tip of 30) moves in and out of the aperture when moved by the automatic means ([0072]; fig. 7A).
On pages 8-9 of the Remarks, Applicant further argues Mayo fails to remedy what Holbert and Castillo lack with respect to the amended limitations of independent claims 1 (lines 10-13) and 11 (lines 13-17). For at least the same reasoning as provided above, Applicant’s argument is moot. Furthermore, Naganuma is provided to teach the amended limitations of claims 1 (lines 10-13) and 11 (lines 13-17) (see above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Smith et al. (US 10806660 B1): Regarding a massage apparatus including a pad with an aperture therein, wherein at least a portion of a massage node extends and retracts through said aperture to provide a massage to the user.
Chen (CN 106806122 A): Regarding a massager with a cover having an aperture therein, wherein a massage head moves in and out of said aperture.
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.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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