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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 5/15/2026 is acknowledged. No claims at this time are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected.
Claims 1-12 are pending and under examination.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 1-4, and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 201101685) in view of Yuan (CN 206473607)
Regarding claim 1, Liu discloses (Figs. 1 and 6) a negative-pressure massage machine with a double gas transmission structure, the negative-pressure massage machine comprising:
a main body comprising a casing (housing 1) and a panel (panel of main housing 1 having time setting and control mechanism 3) connected with the casing;
a first gas transmission structure, comprising a first outlet tube (suction port on panel 3, see Fig. 6), a vacuum pump (suction mechanism 13), the first outlet tube disposed on the panel (see Fig. 6), the vacuum pump disposed in the casing (see Fig. 1)
a second gas transmission structure, comprising a second outlet tube (anion supply port on panel 3), a valve (valve 2), the second outlet tube disposed on the panel (see Fig. 6), the valve disposed in the casing (see Fig. 1).
Liu does not disclose the first gas transmission structure comprising a gas suction tank, and a first connecting tube, the gas suction tank communicating with the first outlet tube, the vacuum pump communicating with the gas suction tank through the first connecting tube; and the second gas transmission structure comprising a gas intake tank, the valve being electromagnetic, a second connecting tube and a third connecting tube, the gas intake tank disposed in the casing and communicating with the second outlet tube through the second connecting tube, the electromagnetic valve communicating with the gas intake tank, and the electromagnetic valve communicating with the gas suction tank through the third connecting tube.
However, Yuan teaches (Fig. 1) a gas transmission structure for a suction cup massager (cup 7) comprising a first outlet tube (port 6), a gas suction tank (three way joint 1), and a first connecting tube (tube connected between port 102 and port of pump 2, see Fig. 1), the gas suction tank communicating with the first outlet tube (see Fig. 1), the vacuum pump disposed in the casing (pump 2 disposed in casing shown in Fig. 1) and communicating with the gas suction tank through the first connecting tube (see Fig. 1), and a second gas transmission structure that includes a gas intake tank (anion intake port 401), a second connecting tube (tube connected between gas intake tank 401 and valve 3), an electromagnetic valve (electromagnetic valve 3), and a third connecting tube (tube connected between valve 3 and gas suction tank 1), the gas intake tank disposed in the casing and communicating with the second outlet tube through the second connecting tube (see Fig. 1), and the electromagnetic valve communicating with the gas suction tank through the third connecting tube (see Fig. 1).
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Therefore, 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 massage machine of Liu such that the first gas transmission structure comprising a gas suction tank, and a first connecting tube, the gas suction tank communicating with the first outlet tube, the vacuum pump communicating with the gas suction tank through the first connecting tube; and the second gas transmission structure comprising a gas intake tank, the valve being electromagnetic, a second connecting tube and a third connecting tube, the gas intake tank disposed in the casing and communicating with the second outlet tube through the second connecting tube, the electromagnetic valve communicating with the gas intake tank, and the electromagnetic valve communicating with the gas suction tank through the third connecting tube, as taught by Yuan, for the purpose of providing suitable connections between components so that the suction and ion therapy can be realized and optimized so that user therapy can be performed.
Regarding claim 2, modified Liu discloses wherein the gas intake tank comprises a gas intake port (portion of gas intake tank connected to ion generator 4 in Fig. 1 Yuan), and two ends of the second connecting tube separately communicate with the second outlet tube and the gas intake port of the gas intake tank (one end communicated with gas intake tank and thus communicated with gas intake port of the tank, other end indirectly communicated with second outlet tube).
Regarding claim 3, modified Liu discloses wherein the gas suction tank comprises a first gas leakage port (port 103 of gas suction tank 1 of Yuan), the electromagnetic valve comprises a gas output port (port of valve 3 that connects to third connecting tube that connects to port 103 of tank 1 Yuan), and two ends of the third connecting tube separately communicate with the gas output port of the electromagnetic valve and the first gas leakage port of the gas suction tank (one end of tube connects to outlet port of valve and other connects to gas leakage port of suction tank as shown in Fig. 1 Yuan).
Regarding claim 4, modified Liu discloses wherein the gas intake tank further comprises a gas output tube (tube connecting ion generator 4 and gas intake tank 401 as shown in Fig. 1 Yuan), and the electromagnetic valve communicates with the gas intake tank through the gas output tube (fluid communication and thus while communication is indirect, applicant has not claimed direct communication, and thus claim is comprehended by modified Liu).
Regarding claim 7, modified Liu discloses wherein the gas intake tank comprises a gas intake port (port connecting gas intake tank 401 and ion generator 4), a gas exhaust opening (opening of port connecting gas intake tank 401 and third connecting tube), a gas output tube (tubing connecting gas intake tank 401 and ion generator 4), and a gas output port (port connecting gas intake tank 401 and third connecting tube) communicating with one another (see Fig. 1).
Regarding claim 8, modified Liu discloses wherein the gas suction tank (joint 1 of Yuan) comprises a gas suction port (port 102 of joint 1 of Yuan), the vacuum pump comprises a gas intake port (port of pump 2 of Yuan connected to port 102 of Yuan via tubing, see Fig. 1 Yuan), and two ends of the first connecting tube separately communicate with the gas intake port of the vacuum pump and the gas suction port of the gas suction tank (see Fig. 1 Yuan).
Regarding claim 9, modified Liu discloses wherein the first gas transmission structure further comprises a gas leakage tank (tank 201 Yuan, see Annotated Fig. 1 above) and a fourth connecting tube (tube connected between tank 201 and pump 2), the vacuum pump further comprises a gas exhaust port (port of pump 2 connected to tubing connected to tank 201), the gas leakage tank is disposed in the casing (see Fig. 1 Yuan), the gas leakage tank comprises a gas intake port (port of tank 201 connected to tubing connected to pump 2), and two ends of the fourth connecting tube separately communicate with the gas exhaust port of the vacuum pump and the gas intake port of the gas leakage tank (see Fig. 2 Yuan).
Regarding claim 10, modified Liu discloses the main body further comprises a control and processing module (time sequence setting control structure 3), and discloses the control and processing module is electrically connected to the vacuum pump (page 4 paragraph 5), but does not disclose the control and processing module is electrically connected to the electromagnetic valve.
However, Yuan further teaches (Fig. 1-3) a control and processing module (controller circuit having processor module, see page 1 paragraph 9), the control and processing module is electrically connected to the vacuum pump and the electromagnetic valve (page 1 paragraph 9).
Therefore, 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 control and processing module of modified Liu to be electrically connected to the electromagnetic valve, as taught by Yuan, for the purpose of allowing for automatic control of the operation of the valve so that less user action is required.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 201101685) in view of Yuan (CN 206473607), and further in view of Li (US 20230191307).
Regarding claim 11, modified Liu discloses an intake tank, but does not disclose the intake tank comprises a filter member disposed inside.
However, Li teaches (Figs. 1-5) an intake tank (housing 2) that comprises a filter member disposed inside (filter element 4, see Fig. 3 and paragraph [0036]).
Therefore, 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 intake tank of modified Liu to include a filter member disposed inside, as taught by Li, for the purpose of removing contaminants from the air so that device remains clean between users.
Regarding claim 12, modified Liu discloses wherein the filter member comprises a first filter core (sponge layer 43 of filter member 4) and a second filter core (activated carbon filter member 44) laminated on the first filter core (see Fig. 5 and paragraph [0036]), the first filter core is a filtering sponge (paragraph [0036]), and the second filter core is an active carbon filter (paragraph [0036]).
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lee (US 2015/0283022) discloses a suction massage device having a pair of suction cup massagers.
Chang (WO 2016178484) discloses a vacuum massager having a plurality of tubes and a solenoid valve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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