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
The amendment filed 09/16/2025 has been entered. Claims 1-5 and 7-14 remain pending in the application with claims 16-22 newly added. Applicant’s amendments to the drawings and claims have overcome the objections and 112(a) rejections previously set forth in the Non-Final Office Action mailed 06/12/2025.
Response to Arguments
The arguments presented in “Remarks”, filed 09/16/2025, are not persuasive. Applicant’s arguments with respect to the 35 U.S.C. 102 rejection of the sealing ring sleeved around the piston over Guo has been considered, but is not persuasive. The examiner disagrees that Guo does not disclose that the skirt 312 does not comprise a sealing ring, since one of ordinary skill in the art would understand from Guo’s disclosure that the skirt “fitting the wall of the straight-cylinder piston chamber” (Guo [0058]) would require that the skirt seals with the wall in order to produce a positive and negative air pressure (Guo [0024]). A piston that does not seal with the wall of the piston chamber would not be able to generate positive and negative pressure, as required by Guo’s device in order to generate the desired massaging effect. Applicant’s argument that “fit” is excessively broad and fails to convey a sealing function is thus not persuasive, since it is reasonable to interpret a sealing function in order to generate the positive and negative air pressure required to massage the user.
The argument that Thomas does not possess a waterproof property is not persuasive, since, as discussed in the Non-Final Rejection mailed 06/12/2025, Thomas discloses that the resilient annular seal is air-tight, and one of ordinary skill in the art would have been able to reasonable understand that an air-tight seal is also watertight. However, due to the change in scope of the claims requiring the waterproof ring to be arranged outside the venting device, the arguments are moot since the new grounds of rejection do not rely upon the specific matter challenged in the argument.
The argument that neither Guo nor Thomas provide a motivation for integrating both sealing and waterproof functions is moot since the scope of the claims has been changed by the amended claims. The updated rejection below does not rely exclusively upon the references applied for the matter specifically challenged in the argument.
The argument that neither Guo nor Thomas provides a waterproof ring wherein a portion is arranged outside the venting device is moot, since this limitation changes the scope of the claims. Please see below for the updated prior art rejection.
Drawings
The drawings were received on 09/16/2025. The substitute drawings are unacceptable. The replacement drawings have not been entered because they contain new matter in the form of the additional reference numbers and written descriptions not present in the original drawings or specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “21” has been used to designate both the sealing ring in fig. 7 (specification page 9) and the inner housing (amended drawings dated 09/16/2025, original specification page 14). It has been interpreted by the examiner that the original drawings using the reference number 22, not listed in the specification, refers to the inner housing.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 612 in fig. 16.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 09/16/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The paragraph regarding the boosting device having a channel has not been previously disclosed in the original specification. While these structures were shown in the original drawings (fig. 15), it was not clear what these structures entailed in the original disclosure, and would not have been readily apparent to one of ordinary skill in the art prior to the added new information.
The paragraph regarding the step on the flange and the arrangement of the venting device on the flange. While the original figure 16 shows structure which clearly appears to have a step-like structure, the original figure 15 does not clearly show the arrangement of the venting device located on the step without the additional explanation and reference numbers in the amended drawings and specification.
The paragraph regarding the arrangement of the waterproof ring positioned below the sealing ring is not considered new matter, since this structure was clearly visible in original drawing figure 15.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“A driving device” in claim 1 includes a motor and connecting rods as described on page 3
“A venting device” in claim 1, is a cavity in which a piston moves (page 4, first para.)
“A boosting device” in claim 2 is a second air outlet head (page 9, first line) which may be as shown in fig. 6 (43 and 4) or may be a straight flexible tube as shown in fig. 10 (44, page 8). This is interpreted to be a device which increases the velocity of the air leaving the piston-cylinder assembly.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the original specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The amended specification containing new matter has not been entered.
Claims 17 and 20 recite new matter in the limitation “the venting device is arranged on the step”, which was not clearly previously disclosed in the original specification or drawings. Original figure 15 does not clearly show this configuration, since it is not readily visible that the venting structure 3 extends to sit on the step of the sealing ring in this section view.
Claim 19 and 22 recite “a separating portion”, “a first sub channel” and “a second channel”. While shown in the original drawings, these structures are not readily apparent to have a unique function without the additional explanation in the amended specification and the replacement drawings submitted 09/16/2025.
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 18 and 21 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 18 and 22 limitation “the moving shaft passes through the waterproof ring and the sealing ring in sequence” is not clear whether the word “passes” means that the moving shaft physically moves through the waterproof ring, then the sealing ring, or whether the moving shaft is positioned within the waterproof ring and the sealing ring. It has been interpreted by the examiner that the phrase “passes through” means that the driving shaft is positioned within the rings and does not necessarily move through the rings.
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, 7-13, 18, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (US 2022/0110819), hereafter Guo, in view of CN 109330726 A, hereafter CN’726. A machine translation is relied upon to address claims.
Regarding Claim 1, Guo discloses a sucking and air blowing structure ([0006] fig. 2), applied to a massaging device ([0004]), wherein the sucking and air blowing structure comprises: a driving device (figs. 2 and 3, drive motor 22, push-pull member 51, and rotating member 21 [0052]), provided with a piston (fig. 2, piston 3 [0052]), and a moving shaft connected with the piston (fig. 2, push-pull rod 51 [0052]); a venting device (as interpreted above, the piston cylinder 4, fig. 2 [0051]), connected with the driving device (fig. 2, the piston cylinder is connected to the driving device, drive motor 22, via push-pull rod 51 [0052]) the venting device defines a cavity (fig. 2, massage port 42 [0051]) and a first air outlet communicated with the cavity (fig. 2, the first air outlet is the upper opening of the piston cylinder 4), the piston is capable of linearly reciprocating in the cavity (fig. 2, [0043]) under an action of the driving device ([0052] the motor 22 is coupled to the push-pull rod 51); a sealing ring (fig. 11, skirt 312 [0058]), sleeved around the piston (fig. 11, skirt 312 sleeves around the side wall of piston flexible body 31 [0058]) and sealingly connected with an inner side wall of the cavity ([0058] skirt 312 fits the wall of the cylinder to improve the smoothness of the movement of the piston; one of ordinary sill in the art would have understood that in order to create positive and negative pressure in the piston chamber [0024], the skirt of the piston must seal with the cylinder wall [0006]); when the piston linearly reciprocates in the cavity, internal air pressure and external air pressure of the cavity are balanced through the first air outlet, to form a sucking and air blowing effect ([0006], the reciprocating motion of the piston generates an upward (sucking) and downward (blowing) airflow to massage the body).
However, Guo is silent on a waterproof ring, separate from the sealing ring and sleeved around the moving shaft, a portion of the waterproof ring arranged outside the venting device.
CN’726 teaches a seal (fig. 1, 05, page 9, para. beginning with “as shown in fig. 1”) for a linear actuator (fig. 1, page 1, para. beginning with “The present invention”) which results in an actuator body being waterproof (page 4, first para.; fig. 1, actuator body space 043, page 16 para. “The controller 08), where the seal is ring shaped (fig. 1a, 05) and sleeved around a moving shaft (fig. 1, 031, page 15 para. “The output rod”). This seal results in a waterproof cavity in the interior of a linearly reciprocating actuation device to prevent water from entering while allowing the seal to deform with the movement of the output rod (page 15 para. “The output rod”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo’s massage device by including a waterproof ring, separate from the sealing ring, mounted around the moving shaft (push-pull rod 51, fig. 1) as taught by CN’726, in order to protect the actuator body space, which contains the motor, from the ingress of water.
Regarding Claim 7, the modified Guo discloses a sucking and air blowing structure of claim 1, wherein the driving device is a voice coil motor ([0063] describes a voice coil motor, fig. 21).
Regarding Claim 8, the modified Guo discloses a sucking and air blowing structure of claim 1, wherein the driving device comprises: a driving motor (fig. 1, driving device is a motor 22, [0052]); a first connecting rod (fig. 1, rotating member 21 [0052]), an end of the first connecting rod is connected with an output shaft of the driving motor (fig. 1, [0052] the rotating member 21 is connected to the drive shaft of the motor 22); a second connecting rod (fig. 2, 213, believed to be mislabeled and is cited as 211 in text [0052]), an end of the second connecting rod is connected with an end of the first connecting rod away from the output shaft of the driving motor (this configuration is shown in fig. 1, 51 is connected to 21 at 213); an end of the moving shaft is connected with the piston (fig. 17, 39 is connected to piston 3), and other end of the moving shaft is connected with an end of the second connecting rod away from the first connecting rod (fig. 17, 39 is connected to 51 [0057]); when the output shaft of the driving motor rotates, the output shaft is configured to drive the first connecting rod to rotate, and drive the moving shaft to reciprocate linearly through the second connecting rod ([0056]).
Regarding Claim 9, the modified Guo discloses a sucking and air blowing structure of claim 1, wherein the driving device comprises: a double shaft driving motor (fig. 3 [0027]); a third connecting rod (as interpreted by the examiner, “third” does not refer to the number of the rod, but the name of the rod;, the left side 21 [0053]); a fourth connecting rod (right side 21 [0053]), the third connecting rod and the fourth connecting rod are respectively connected with both ends of the double shaft driving motor (fig. 3, both rotating members 21 are connected to the shafts of the driving motor 22 [0053]); a fifth connecting rod (fig. 3, 51 and 511 [0053]), two ends of the fifth connecting rod (fig. 3, the two ends of 511) are respectively connected with the third connecting rod and the fourth connecting rod (fig. 3 shows that the left and right ends of 511 are respectively connected to each of rotating members 21); and a moving shaft (fig. 17, 39 [0057]), one end of the moving shaft is connected with the piston (fig. 17, 39 is connected to piston 3), and other end of the moving shaft is connected with the fifth connecting rod (fig. 17, the other end of 39 is connected to 51 [0057]); when an output shaft of the double shaft driving motor rotates, the output shaft is configured to drive the third connecting rod and the fourth connecting rod to rotate, and drive the moving shaft to reciprocate linearly through the fifth connecting rod ([0053] and [0056]).
Regarding Claim 10, Guo discloses a massaging device, comprising an upper housing (fig. 6, left housing 15 [0050]; if turned on its side, one of the half shell housings 15 will be upper), a lower housing (fig. 6, right side housing 15, if positioned on its side will be a lower housing) detachably connected with the upper housing ([0050] housing shell halves 15 can be fixed by bolts, which are detachable), a sucking and air blowing structure (fig. 2 [0006]), the upper housing and the lower housing cooperatively form a receiving space for receiving the sucking and air blowing structure (fig. 6, a motor 22, piston cylinder 4, and piston are interior to the shell halves 15 [0050]), wherein the sucking and air blowing structure comprises: a driving device (fig. 2, drive motor 22 [0052]), provided with a piston (fig. 2, piston 3 [0052]) and a moving shaft connected with the piston(fig. 2, push-pull rod 51 [0052]); and a venting device, connected with the driving device (as interpreted above, the piston cylinder 4, fig. 2 [0051]), the venting device defines a cavity (fig. 2, massage port 42 [0051]) and a first air outlet communicated with the cavity (fig. 2, the first air outlet is the upper opening of the piston cylinder 4), the piston is capable of linearly reciprocating in the cavity under an action of the driving device ([0052] the motor 22 is coupled to the push-pull rod 51); a sealing ring (fig. 11, skirt 312 [0058]), sleeved around the piston (fig. 11, skirt 312 sleeves around the side wall of piston flexible body 31 [0058]) and sealingly connected with an inner side wall of the cavity ([0058] skirt 312 fits the wall of the cylinder to improve the smoothness of the movement of the piston; one of ordinary sill in the art would have understood that in order to create positive and negative pressure in the piston chamber [0024], the skirt of the piston must seal with the cylinder wall [0006]); when the piston linearly reciprocates in the cavity, internal air pressure and external air pressure of the cavity are balanced through the first air outlet, to form a sucking and air blowing effect ([0006], the reciprocating motion of the piston generates an upward (sucking) and downward (blowing) airflow to massage the body).
However, Guo is silent on a waterproof ring, separate from the sealing ring and sleeved around the moving shaft, a portion of the waterproof ring arranged outside the venting device.
CN’726 teaches a seal (fig. 1, 05, page 9, para. beginning with “as shown in fig. 1”) for a linear actuator (fig. 1, page 1, para. beginning with “The present invention”) which results in an actuator body being waterproof (page 4, first para.; fig. 1, actuator body space 043, page 16 para. “The controller 08), where the seal is ring shaped (fig. 1a, 05) and sleeved around a moving shaft (fig. 1, 031, page 15 para. “The output rod”). This seal results in a waterproof cavity in the interior of a linearly reciprocating actuation device to prevent water from entering while allowing the seal to deform with the movement of the output rod (page 15 para. “The output rod”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Guo’s massage device by including a waterproof ring, separate from the sealing ring, mounted around the moving shaft (push-pull rod 51, fig. 1) as taught by CN’726, in order to protect the actuator body space, which contains the motor, from the ingress of water.
Regarding Claim 11, the modified Guo discloses a massaging device of claim 10, further comprising a battery (Guo fig. 5, power supply 7 may be a battery [0050]) and a printed circuit board (Guo fig. 5, control unit 6 is a button board [0055]) both received in the receiving space (fig. 5, the control unit board 6 and battery 7 are both contained within the shell 5 [0050]), the printed circuit board is electrically connected with the battery ([0066] the power supply connects through the control unit), and the battery is configured to provide a power to the driving device ([0050]).
Regarding Claim 12, Guo discloses a massaging device of claim 10, wherein the waterproof ring comprises a body (as modified, the waterproof ring of CN’726, figs. 1 and 1a, 05), the body defines a via hole (CN’726, fig. 1, a hole is defined in the top center of the body), the moving shaft is configured to pass through the via hole (as shown in CN’726 fig. 1, reciprocating shaft 031 passes through the hole in seal 05; as modified in claim 10, Guo’s push-pull rod 51 would also pass through the hole in the seal).
Regarding Claim 13, the modified Guo discloses a massaging device of claim 12, wherein the body of the waterproof ring comprises a plurality of annular grooves arranged at intervals, and the annular grooves are arranged concentrically (as modified by CN’726, seal 05 has annular grooves please refer to the arrows in annotated fig. 1 below, and fig. 2).
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Regarding Claim 18, as best understood based on the 112(b) rejection above, the modified Guo discloses a massaging device of claim 10, wherein the waterproof ring is arranged below the sealing ring, the moving shaft passes through the waterproof ring and the sealing ring in sequence (as modified by CN’726, the sealing ring is positioned below Guo’s piston housing 4 such that the moving shaft, push-pull rod 51 would pass first through the sealing ring, see Guo fig. 5, then through the sealing ring, skirt 312).
Regarding Claim 20, the modified Guo discloses a sucking and air blowing structure of claim 1, wherein the waterproof ring (CN’726 05) further comprises a flange ((CN’726 fig. 1a, 051b, page 9 “AS shown in FIG. 1” para.), the flange comprises a step (CN’726 fig. 1, see annotated fig.), the venting device is arranged on the step (as modified in claim 1, the water proof ring is arranged outside the venting device in order to waterproof the motor cavity, and so is positioned around the push-pull rod 51, see annotated fig. 5 below).
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Regarding Claim 21, as best understood based on the 112(b) rejection above, the modified Guo discloses a sucking and air blowing structure of claim 1, wherein the waterproof ring is arranged below the sealing ring, the moving shaft passes through the waterproof ring and the sealing ring in sequence (as modified by CN’726, the sealing ring is positioned below Guo’s piston housing 4 such that the moving shaft, push-pull rod 51 would pass first through the sealing ring, see Guo fig. 5, then through the sealing ring, skirt 312).
Claims 2, 5, 14, 19, and 22 are rejected under 35 U.S.C. 103 as unpatentable over Guo and CN’726, further in view of Guo (CN 113616498), hereafter Guo CN’498. A machine translation of Guo CN’498 is relied upon for addressing claims.
Regarding Claim 2, the modified Guo discloses a sucking and air blowing structure of claim 1, but is silent on the device further comprising: a boosting device, arranged at the first air outlet and sealingly connected with a side wall of the first air outlet, the boosting device defines a second air outlet, a diameter of the second air outlet is smaller than a diameter of the first air outlet.
Guo CN’498 discloses a boosting device on a piston air pressure massaging device (fig. 1, page 1, “Technical Field” para.) which includes an air cavity tube (see annotated figure below, cavity tube 3, page 2, para. beginning with “Please refer to”), the boosting device arranged at the first air outlet (see annotated fig. 1) and sealingly connected with a side wall of the first air outlet (figs. 1 and 2, silicone shell 5 fits tightly with the cavity, page 2 “Please refer to” para.), the boosting device defines a second air outlet (see annotated fig. 1), a diameter of the second air outlet is smaller than a diameter of the first air outlet (the second air outlet is shown to be smaller than the first air outlet; see annotated fig.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a boosting device as claimed in Guo’s air massaging device as taught by Guo CN’498 to further promote the positive and negative air pressure difference in the air cavity (Guo, page 2, lines 4-6).
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Regarding Claim 5, the modified Guo discloses a sucking and air blowing structure of claim 2, wherein the boosting device (see annotated Guo CN’498 fig. 1 above) is a second air outlet head sealingly connected with the side wall of the first air outlet (as described in claim 2 above, the silicone shell 5 is sealed by fitting tightly around the air outlet at upper shell 1, page 2, “Please refer to” para.; this is understood to be sealed in order to allow the air pulses to propagate toward the patient without loss of air pressure), and the second air outlet head is configured to match with a sensitive portion of a user in shape (the second air outlet head is shaped and capable of contacting a sensitive portion of a user), and configured to inhale air and blow out air (Guo CN’498 page 2, lines 4-6).
Regarding Claim 14, the modified Guo discloses a massaging device of claim 10, but is silent on wherein the sucking and air blowing structure comprises: a boosting device, arranged at the first air outlet and sealingly connected with the first air outlet, the boosting device defines a second air outlet, a diameter of the second air outlet is smaller than a diameter of the first air outlet.
Guo CN’498 discloses a boosting device on a piston air pressure massaging device (fig. 1, page 1, “Technical Field” para.) which includes an air cavity tube (see annotated figure above, cavity tube 3, page 2, para. beginning with “Please refer to”), the boosting device arranged at the first air outlet (see annotated fig. 1) and sealingly connected with a side wall of the first air outlet (figs. 1 and 2, silicone shell 5 fits tightly with the cavity, page 2 “Please refer to” para.; this is understood to be sealed in order to allow the air pulses to propagate toward the patient without loss of air pressure), the boosting device defines a second air outlet (see annotated fig. 1), a diameter of the second air outlet is larger than a diameter of the first air outlet (the second air outlet is shown to be smaller than the first air outlet; see annotated fig.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a boosting device as claimed in Guo’s air massaging device as taught by Guo CN’498 to further promote the positive and negative air pressure difference in the air cavity (Guo, page 2, lines 4-6).
Regarding Claim 19, the modified Guo discloses a massaging device of claim 14, wherein the boosting device defines a channel communicated with the first air outlet and the second air outlet (see annotated Guo’498 fig. 1 below), the boosting device further defines a separating portion (see annotated fig. below) configured for separating the channel into a first sub channel communicated with the first air outlet (see annotated fig. below) and a second channel communicated with the first sub channel and the second air outlet (see annotated fig. below).
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Regarding Claim 22, the modified Guo discloses a sucking and air blowing structure of claim 2, wherein the boosting device defines a channel communicated with the first air outlet and the second air outlet (see annotated Guo’498 fig. 1 above), the boosting device further defines a separating portion (see annotated fig. 1 above) configured for separating the channel into a first sub channel communicated with the first air outlet (see annotated fig. 1 above) and a second channel communicated with the first sub channel and the second air outlet (see annotated fig. 1 above).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as unpatentable over Guo, CN’726, and Guo CN’498, further in view of Liu (US 7122013), hereafter Liu.
Regarding Claim 3, the modified Guo discloses a sucking and air blowing structure of claim 2, but is silent on wherein the boosting device includes a straight air outlet pipe integrally formed with the side wall of the first air outlet.
Liu teaches a device that delivers positive and negative pressure to massage a user (fig. 3, abstract) that includes a boosting device (fig. 3, the end piece including plastic tube 40, col. 3 line 15; see annotated fig. below) that includes a straight air outlet pipe integrally formed with the side wall of the first air outlet (see annotated figure 3 below; “integrally” is interpreted by the examiner to be installed into the component, rather than formed as a single piece, based on Applicant’s figs. 9 and 10 showing 44 and 3 as distinct components).
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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 boosting device (Guo CN’498 fig. 1 cavity, annotated fig. above) to instead be a straight outlet air pipe as taught by Liu in order to pressurize the air delivered to the user’s eyes for massaging (Liu col. 3 lines 54-58).
In the event that the above interpretation of “integrally” differs from Applicant’s, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the straight air outlet pipe integrally formed with the side wall of the first air outlet, since it has been held that "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice." In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), MPEP 2144.04(V)(B).
Regarding Claim 4, the modified Guo discloses a sucking and air blowing structure of claim 3, wherein the straight air outlet pipe includes a flexible air outlet pipe (as modified by Liu, fig. 3, 40 is shown as a flexible air tube that connects to a mask in fig. 7, col. 3 lines 54-58), the flexible air outlet pipe is bendable (Liu fig. 7, 40 is shown as flexible and thus is bendable), a free end of the flexible air outlet pipe is connected with a first air outlet head (Liu fig. 7, the end of 40 is connected with an eye mask 50, col. 3 line 56), the first air outlet head is configured to match with a sensitive portion of a user in shape (mask 50 is configured for fitting the eyes of a user), and configured to inhale air and blow out air (the modified device is for pulsing air and suction, Guo [0006]).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as unpatentable over Guo and CN’726 further in view of Pahl et al. (US 2020/0214932 A1), hereafter Pahl.
Regarding Claim 16, the modified Guo discloses a massaging device of claim 10, wherein the, the waterproof ring further comprises a flange (as modified by CN’726, the seal 05 has a flange 051b, page 9, para. “As shown in FIG. 1”). However, the modified device is silent on massaging device further comprises an inner housing arranged in the lower housing, as well as silent on the flange arranged between the venting device and the inner housing of the massaging device.
Pahl teaches a suction massaging device (fig. 1, abstract) which includes an outer lower housing (fig. 1, housing 20 [0060]), an inner housing arranged in the lower housing (fig. 1, assembly bushing 46 [0066]) and a membrane (fig. 1, 42 [0066]) which has a flange (fig. 1, distal collar 52 [0066]), where the flange is positioned between the inner housing and outer housing in order to retain the membrane as it displaces back and forth ([0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an inner housing in Guo’s lower housing (fig. 5, lower portion of housing 15) and position the flange of the waterproof ring between the inner housing and Guo’s venting device (fig. 5, piston housing 4), since the lower portion of Guo’s piston housing defines the boundary between the upper and lower housing, and as Pahl teaches, including a lower housing assists in retaining the position of a flexible membrane, such as a waterproof ring, while it is displaced back and forth (Pahl [0068]).
Regarding Claim 17, the modified Guo discloses a massaging device of claim 16, wherein the flange comprises a step between the venting device and the inner housing of the massaging device (CN’726, see annotated fig. below, the flange forms a step structure), the venting device is arranged on the step (in the modified device, as detailed in claim 16 above, the flange and the step structure are used to retain the flange between Guo’s venting device 4, fig. 5, and the inner housing, CN’726 fig. 3, 015, as applied to Guo’s fig. 5).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0085674 A1 fig. 5B 130 [0085] discloses a separating portion for varying the pressure in a pressure stimulation field device.
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 SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785