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 action is responsive to the amendment filed 11/05/2025. The previous 112 rejections have been withdrawn in response to applicant’s amendments. Claims 10 and 11 have been canceled. Claims 1-9 and 12-20 remain pending.
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 1-2, 4, 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lopez (DE 20210081 U1) in view of Benaron (US 5,902,256 A) and Elfenbein (US 11,980,282 B1).
Regarding claim 1, Lopez discloses a back massage device that massages a user's back hands-free (pg 1 ln 41-42), the back massage device comprising: a massage component (#22, 7, 8, 11, 21, 16, 15 fig 2) comprising a plurality of rotating massage heads (#15 fig 2, pg 3 ln 26-28 “soft rubber pieces” are considered as disclosing massage heads, pg 1 ln 44-48 “massage means… which can be driven by a motor in a rotational manner"); a vertical pole (#2/5 fig 2) component secured to the massage component (see fig 2); and a base component (#3 fig 2) secured to the vertical pole component (see fi 2); wherein the base component retains the back massage device in an upright position (see fig 2) and the vertical pole component allows the massage component to be positioned over a user's back area (see fig 2); and further wherein the plurality of rotating massage heads are configured to rotate along the user's back area offering a massage and relaxation (pg 3 ln 28-30, pg 1 ln 44-48).
Lopez is silent to the massage heads vibrating.
Benaron teaches a massage device (abstract) that teaches the incorporation of eccentric weights on the motor to produce vibrations (col 2 ln 54-56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate vibrations as taught by Benaron on the massage component of Lopez as doing so can increase the massage benefits of the device.
Modified Lopez remains silent to the vertical pole component is a bendable layered material pole. Lopez instead teaches the use of a telescoping pole (pg 3 ln 9-12).
Elfenbein teaches a back massage device utilizing a pole that is a bendable layered material pole (#16a figs 1-1a, col 5 ln 54-58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a bendable pole as taught by Elfenbein for the vertical pole of Lopez as doing so allows for the vertical height to be adjusted with only one hand by bending rather than requiring two hands to adjust the telescopic length.
Modified Lopez remains silent to the massage component is oval in configuration. However, it would have been obvious to one of ordinary skill in the art before the claimed invention to utilize an oval configuration as a matter of design change in order to allow for a shape that can fit a wide variety of bodies. (MPEP 2144.04.IV.B.)
Regarding claim 2, modified Lopez discloses the device of claim 1. Lopez further discloses the massage component (#15 fig 2) comprises a top (see side interfacing with #16 fig 2), a bottom (see side interfacing with user fig 2), a set of front and back opposing sides (see fig 1 showing element 15 as a block, left/right side/face shown in fig 1), and a set of left and right opposing sides (front side/face facing head of user in fig 2 and front side/face facing feet of user in fig 2).
Regarding claim 4, modified Lopez discloses the device of claim 1. Lopez does not expressly disclose a source of power for the massage device. Benaron teaches the massage component comprises an electrical power source which is configured to allow the back massage device to be plugged into a standard wall outlet (#41 fig 1, col 2 ln 66 – col 3 ln 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an electrical power source as taught by Benaron onto the device of modified Lopez in order to provide power to the motor producing rotation and mechanical vibration massaging effects.
Regarding claim 12, modified Lopez discloses the device of claim 1. Lopez further discloses the base component is weighted (as the base is a physical component it is seen to have a mass and therefore be weighted, further the base of Lopez is designed to keep the vertical pole upright/prevent the device from tipping over and it is thus seen that the base is weighted/sized significantly enough to prevent failure/tipping).
Regarding claim 20, Lopez discloses a method of massaging a user's back hands-free (pg 1 ln 41-42) comprising the steps of: providing a back massage device (see fig 1-2) that rotates along a user's back area offering a massage and relaxation (pg 1 ln 44-48 “massage means … which can be driven by a motor in a rotational manner. This allows the user to massage the back”); adjusting a vertical pole of the device to a desired height (pg 2 ln 1-2), such that a massaging component of the device contacts a user's back (pg 1 ln 41-42, ln 48 disclose massaging the back thus the massaging component contacts the back of a user); once in position, turning on the back massage device such that a plurality of rotating massage heads begin to rotate (pg 1 ln 44-48 “rotational manner”); positioning a user on their stomach, such that their back contacts the rotating massage heads (pg 1 ln 41-42, ln 48); and massaging a user for a desired period of time hands-free (pg 2 ln 34-37 discloses a timer thus disclosing massaging for a desired period of time).
Lopez is silent to a pair of eccentric weights are configured to rotate in unison about a motor to impart a vibratory motion to the plurality of rotating massage heads.
Benaron teaches a massage device (abstract) with a motor (#46 fig 1-2, col 2 ln 54-56, col 2 ln 50) and a pair of eccentric weights (#47 fig 1, col 2 ln 54-56); wherein the pair of eccentric weights are mounted in communication with the motor, such that the pair of eccentric weights rotate in unison about the motor to impart a vibratory motion (col 2 ln 54-56, claim 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate vibrational motor of Benaron on the massage component of modified Lopez as doing so can increase the massage benefits of the device.
Lopez remains silent to the adjusting of the height of the vertical pole involving bending. Lopez instead teaches the use of a telescoping pole (pg 3 ln 9-12).
Elfenbein teaches a back massage device utilizing a pole that is a bendable (#16 fig 1, col 5 ln 54-58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a bendable pole as taught by Elfenbein for the adjustable vertical pole of Lopez as doing so allows for the vertical height to be adjusted with only one hand by bending rather than requiring two hands to adjust the telescopic length.
Claims 3 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over modified Lopez as applied to claim 2 above, and further in view of McDonald (US 2006/0282025 A1).
Regarding claim 3, modified Lopez discloses the device of claim 2. Lopez does not expressly disclose a source of power for the massage device.
McDonald teaches a massage component (abstract) comprising a rechargeable battery (par 0031 “two batteries 12 that may be rechargeable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the battery power source as taught by McDonald onto the device of modified Lopez in order to provide power to the motor producing rotation and mechanical vibration massaging effects.
Regarding claim 5, modified Lopez discloses the device of claim 2. Lopez does not expressly disclose a source of power for the massage device.
Benaron teaches the massage component comprises an electrical power source (#41 fig 1, col 2 ln 66 – col 3 ln 1).
McDonald teaches a massage component (abstract) comprising a rechargeable battery (par 0031 “two batteries 12 that may be rechargeable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the battery and electrical power sources as taught by McDonald and Benaron onto the device of modified Lopez in order to provide power to the motor producing rotation and mechanical vibration massaging effects allowing for both a portable device (battery power) and a device that can be used while the battery is charging (electrical power source).
Regarding claim 6, modified Lopez discloses the device of claim 5. Benaron further teaches the rechargeable battery and the electrical power source is configured to supply power to a motor (#46 fig 1-2, col 2 ln 54-56, col 2 ln 50) and a pair of eccentric weights (#47 fig 1, col 2 ln 54-56).
Regarding claim 7, modified Lopez discloses the device of claim 6. Benaron further teaches the pair of eccentric weights are configured to be mounted in communication with the motor, such that the pair of eccentric weights are configured to rotate in unison about the motor to impart a vibratory motion to the plurality of rotating massage heads (col 2 ln 54-56, claim 11).
Regarding claim 8, modified Lopez discloses the device of claim 7. Benaron further teaches the massage component comprises a switch in communication with the motor for adjusting speed of the motor (#40 fig 1, col 2 ln 58-65 discloses adjusting frequency thus disclosing adjusting speed of the motor, claim 15 expressly discloses adjusting speed).
Regarding claim 9, modified Lopez discloses the device of claim 8. Benaron further teaches the massage component comprises a power switch (#40 fig 1, col 2 ln 58).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over modified Lopez as applied to claim 1 above, and further in view of Guffin (US 3,577,985 A).
Regarding claim 13, modified Lopez discloses the device of claim 1. Lopez is silent to the base component comprises a plurality of suction cups.
Guffin teaches a massage device (abstract) that utilizes suction cups (#24 fig 2-3) to secure the device to a surface (col 1 ln 46-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate suction cups as taught by Guffin on the base of modified Lopez so that once the base of Lopez is wheeled to the correct location the suction cups can adhere the base to the location preventing the base/device from sliding/rolling away during use.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over modified Lopez as applied to claim 1 above, and further in view of Chapman (US 5,582,582 A).
Regarding claim 14, modified Lopez discloses the device of claim 1. Lopez is silent to a plurality of heating elements on the massage component.
Chapman teaches a hands-free back massaging device (abstract, fig 1) including a plurality of heating elements on the massage component (col 5 ln 49-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate heating elements as taught by Chapman on the device of modified Lopez as doing so allows for a warming massage action (Chapman col 5 ln 50-51).
Claims 15-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lopez in view of Benaron, McDonald and Chapman and Elfenbein.
Regarding claim 15, Lopez discloses a back massage device that massages a user's back hands-free (pg 1 ln 41-42), the back massage device comprising: a massage component (#22, 7, 8, 11, 21, 16, 15 fig 2) comprising a plurality of rotating massage heads (#15 fig 2, pg 3 ln 26-28 “soft rubber pieces” are considered as disclosing massage heads, pg 1 ln 44-48 “massage means… which can be driven by a motor in a rotational manner"); a vertical pole (#2/5 fig 2) component secured to the massage component (see fig 2); and a base component (#3 fig 2) secured to the vertical pole component (see fi 2); wherein the base component retains the back massage device in an upright position (see fig 2) and the vertical pole component allows the massage component to be positioned over a user's back area (see fig 2); and further wherein the plurality of rotating massage heads are configured to rotate along the user's back area offering a massage and relaxation (pg 3 ln 28-30, pg 1 ln 44-48).
Lopez is silent to a plurality of heating elements applying heat.
Chapman teaches a hands-free back massaging device (abstract, fig 1) including a plurality of heating elements on the massage component (col 5 ln 49-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate heating elements as taught by Chapman on the device of Lopez as doing so allows for a warming massage action (Chapman col 5 ln 50-51).
Lopez is further silent to the massage component comprises an electrical power source which supplies power to a motor and a pair of eccentric weights; wherein the pair of eccentric weights are mounted in communication with the motor, such that the pair of eccentric weights rotate in unison about the motor to impart a vibratory motion to the plurality of rotating massage heads;
Benaron teaches a massage device (abstract) that teaches the incorporation an electrical power source (#41 fig 1, col 2 ln 66 – col 3 ln 1) which supplies power to a motor (#46 fig 1-2, col 2 ln 54-56, col 2 ln 50) and a pair of eccentric weights (#47 fig 1, col 2 ln 54-56); wherein the pair of eccentric weights are mounted in communication with the motor, such that the pair of eccentric weights rotate in unison about the motor to impart a vibratory motion (col 2 ln 54-56, claim 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate vibrational motor and power source of Benaron on the massage component of modified Lopez as doing so can increase the massage benefits of the device and allows for the motor to be properly powered.
Modified Lopez remains silent to a rechargeable battery.
McDonald teaches a massage component (abstract) comprising a rechargeable battery (par 0031 “two batteries 12 that may be rechargeable).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the battery as taught by McDonald onto the device of modified Lopez in order to provide power to the motor producing rotation and mechanical vibration massaging effects allowing for both a portable device (battery power) and a device that can be used while the battery is charging (electrical power source).
Modified Lopez remains silent to the vertical pole component is a bendable layered material pole with a flexible outer layer and a less flexible inner layer. Lopez instead teaches the use of a telescoping pole (pg 3 ln 9-12).
Elfenbein teaches a back massage device utilizing a pole that is a bendable layered material pole with a flexible outer layer and a less flexible inner layer (#16 fig 1, col 5 ln 54-58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a bendable pole as taught by Elfenbein for the vertical pole of Lopez as doing so allows for the vertical height to be adjusted with only one hand by bending rather than requiring two hands to adjust the telescopic length.
Regarding claim 16, modified Lopez discloses the device of claim 15. Modified Lopez does not expressly disclose a plurality of indicia. However, the indicia is considered to be nonfunctional descriptive material or printed matter and therefore does not carry patentable weight, see MPEP 2111.05
Regarding claim 19, modified Lopez discloses the device of claim 15. Benaron further teaches a switch in communication with the motor for adjusting speed of the motor (#40 fig 1, col 2 ln 58-65 discloses adjusting frequency thus disclosing adjusting speed of the motor, claim 15 expressly discloses adjusting speed) and a power switch (#40 fig 1, col 2 ln 58).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over modified Lopez as applied to claim 15 above, and further in view of Beck.
Regarding claim 17, modified Lopez discloses the device of claim 15. Lopez further discloses the vertical pole component is telescoping (pg 3 ln 9-12). Lopez does not expressly disclose a first extending component that is slid within a second extending component, each comprising a plurality of coordinating openings at different heights along the first and second extending components.
Beck teaches a telescoping pole (#42, 44 and 70 fig 1-4) comprising a first extending component (#70) that is slid within a second extending component (#42 and 44), each comprising a plurality of coordinating openings (see openings/holes in fig 3, 4 and #48 fig 15-17, par 0094) at different heights along the first and second extending components.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a plurality of openings and the cooresponding button lock of Beck for the telescopic pole of Lopez as doing so allows for the height of the pole to be manually adjusted and secured.
Regarding claim 18, modified Lopez discloses the device of claim 17. Beck further teaches a pin (#46 fig 16) that is configured to fit within the plurality of coordinating openings, securing the vertical pole component at a desired height (par 0094) above the user's back.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 regarding a bendable vertical pole 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.
Applicant's arguments filed 11/05/2025 have been fully considered but they are not persuasive. Applicant asserts that Benaron fails to teach the pair of eccentric weights “rotate in unison about the motor” as claimed (see pg 10 of response filed 11/05/2025). However, the cited section of Benaron (col 2 ln 54-56, and claim 11) specifically state “electric motor 46 and a pair of eccentrics 47 attached to the rotor shaft of the motor 46” and “electric motor means with eccentrics driven thereby.” The disclosure of the weights attached to the rotor shaft and driven by the motor is seen to disclose that when the rotor shaft rotates, the eccentrics 47 are caused to rotated about the motor by virtue of being attached to the rotor shaft and driven by the motor. Applicant’s arguments are not persuasive and the examiner upholds the rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4875470 A discloses a hands-free back massager
US 4984568 A discloses a hands-free back massager
US 20040193077 A1 discloses a hands-free back massager
WO 2007013748 A1 discloses a hands-free back massager
US 20130138022 A1 discloses a back vibrating device
US 20170296427 A1 discloses a hands-free pulsing device
US 20210275389 A1 discloses a hands-free back clapping device
WO 2021255403 A1 discloses a hands-free back massager
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 KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy 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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/KIRA B DAHER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Primary Examiner, Art Unit 3785