DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant has claimed priority of:
April 3rd 2012 – continuation (CON) of Application No. 13/438,515
June 26th, 2015 – continuation (CON) of Application No. 14/750,323
October 17th, 2019 – child in pat (CIP) of Application No. 16/656,174
Claim 1 is given benefit of the priority date of April 3rd, 2012.
Claims 2-20 have new matter not disclosed in the previous applications above. As such, claims 2-20 will be given the priority date of the effective filing date of current application 17/887,005, August 12th, 2012.
Claim Objections
Claims 1, 10, and 11 are objected to because of the following informalities:
Claim 1, line 6, “having” should read “configured to have
Claim 1, line 7, “being” should read “configured to be”
Claim 1, line 9, “being” should read “configured to be”
Claim 10 recites the phrase “cause actuation of, a hold in the actuation of, or one or more sequences of actuation and a hold in actuation of, the second linear actuator, the third linear actuator, or combinations thereof, to be cycled”, the different lists with only using commas makes it difficult to parse. It is recommended to separate the phrases to:
“cause actuation of the second linear actuator, the third linear actuator, or combination thereof to be cycled;”
“cause a hold in the actuation of the second linear actuator, the third linear actuator, to be cycled;”
“cause one or more sequences of actuation and a hold in actuation of the second linear actuator, the third linear actuator, or combinations thereof, to be cycled;”
Claim 11, line 3, “a controller system” should read “the controller system”
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 3-5 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 3 recites the phrase "any device capable" and “may be” in lines “said mobile device comprising any device capable of mobility on which the mobile application may be installed”. This language creates confusion as to whether the “capable” and “may be” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “capable” and “may be” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b). For purposes of examination, the mobile device is being interpreted as any device that is mobile and has the mobile application installed on the device.
Claims 4 and 5 are also rejected due to being dependent on claim 3.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Bass (US 7654974) and further in view of Splane (US 6692451).
Regarding claim 1, Einav discloses
a reclinable therapeutic massage chair (Figs. 1 and 3-5C; wellness system for chair with massage unit 156; [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3), comprising:
a floor support assembly (Figs. 1 and 3-5C; base 302; [0064]);
a chair support frame (Figs. 3-5C; back rest 310; [0064])
a pair of underarm supports (Figs. 3-5C; articulated arm 308; [0064]) mounted on the chair support frame (Figs. 3-5C; back rest 310; [0064]);
a lower body support member (Fig. 3-5C; seat 304, calf-rest 318, and foot-rest 322; [0064]) having a thigh support surface (Fig. 3-5C; seat 304; [0064]) and a lower leg support surface (Fig. 3-5C; calf-rest 318, and foot-rest 322; [0064]),
said lower body support member (Fig. 3-5C; seat 304, calf-rest 318, and foot-rest 322; [0064]) being mounted (Fig. 3-5C; seat 304 is connected to back rest 310) for both reciprocal (Fig. 5C; seat 304 moves forward and backward) and rotational movement in a same plane (Fig. 5A; calf-rest 318 rotates around vertical axis) on the chair support frame (Figs. 3-5C; back rest 310; [0064]),
a first linear actuator (Fig. 4; “at least one actuator for changing one or more of a position of the chair”, [0006]; actuators may be linear actuators, [0065], Lines 1-7) for providing pivoting movement of the chair support frame from an inclined position to a horizontal position (“FIG. 5C shows the change in configuration from sitting up to lying down, in which head rest 314 and back 310 recline”; [0070]);
a second linear actuator (Fig. 4 and 5C; the orientation of seat 304 (e.g., relative to back 310) is controlled by an actuator 334; [0065], Lines 1-7 and [0066]) for providing reciprocal movement of the lower body support member (FIG. 5C; seat 304 moves forward; [0070]); and
a third linear actuator for providing rotational movement of the lower body support member (Fig. 5A; “the orientation of calf-rest 318 with respect to the vertical is optionally controlled by an actuator 332”; calf-rest is rotatable around the vertical axis; [0066]);
a controller system (Figs. 1 and 3-5C; wellness system 100 with controller 120; Abstract: Lines 1-7), said controller system for providing control of the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof (Figs. 1 and 3-5C; “the system comprises a chair including at least one actuator for changing one or more of a position of the chair, a part of the chair or an appendage of the chair in a motorized manner and a controller which controls such movement”; [0006], Lines 8-11; and [0066]).
Einav does not disclose a chair support frame pivotably attached to the floor support assembly; an upper back support mounted on the chair support frame; and a lower body support member having a lower back support surface; and said rotational movement being about a pivot oriented perpendicular to the plane.
Bass discloses a reclinable traction device where
a chair support frame (Figs. 1-2; top frame portion 14; Col. 4, Lines 37-40) pivotably attached (Figs. 1-2; pivot 16; Col. 4, Lines 49-52) to the floor support assembly (Figs. 1-2; base frame portion 12; Col. 4, Lines 37-40);
an upper back support (Figs. 1-2; seat back portion 20; Col. 4, Lines 37-40) mounted on the chair support frame (Figs. 1-2; top frame portion 14; Col. 4, Lines 37-40);
a lower body support member (Figs. 1-2; seat bottom 18) having a lower back support surface (seat bottom 18 has a small portion that supports the back see Figs. 1 and 2)
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 chair of Einav with the frame portions, seat bottom and seat back portions of Bass to resemble a recliner chair and that can provide traction/distraction for patients that are suffering with low back pain (lumbar) or neck pain (cervical spine) (Bass: col. 4, Lines 14-16).
The modified device of Einav does not disclose said rotational movement being about a pivot oriented perpendicular to the plane.
However, Splane discloses a passive motion apparatus with a rotatable support member 26 that pivots and
said rotational movement being about a pivot oriented perpendicular to the plane (Figs. 4 and 5; “support member 26 is pivotable with respect to table member 14 and, to this end, an upright pivot shaft 50 (perpendicular) is provided about which support member 26 pivots” Col. 7, Lines 50-53).
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 seat, calf-rest and foot-rest of Einav with the support member and pin of Splane to be able to rotate the support member about the pivot providing movement of the lower trunk through a limited range of motion and thus provides gentle exercising of the lower back (Splane: Col. 9, Lines 6-8).
Regarding claim 2, the modified device of Einav further discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions and seat portions; Splane: support member and pivot) of claim 1,
wherein the controller system (Einav: Figs. 1 and 3-5C; wellness system 100 with controller 120; Abstract: Lines 1-7) comprises
a power supply (Einav: power for actuators, the controller and/or other features is optionally by battery; [0042]), or one or more position feedback systems (“Also, within the scope is hardware, software and computer readable-media including such software which is used for carrying out and/or guiding the steps described herein, such as control of arm position and providing feedback”, [0202]),
a microcontroller, one or more load cells, one or more load cell amplifiers, one or more motor drivers, or combinations thereof.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Bass (US 7654974) and further in view of Splane (US 6692451) and Ruggiero (US 20210275388).
Regarding claim 3, the modified device of Einav discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions and seat portions; Splane: support member and pivot) of claim 2,
The modified device of Einav does not disclose wherein the controller system is operated wirelessly from a mobile application, said mobile application operating on a mobile device, said mobile device comprising any device capable of mobility on which the mobile application may be installed.
Ruggiero discloses a vending massage chair
wherein the controller system (Figs. 1-2; control panel of massage chair) is operated wirelessly from a mobile application (Fig. 1-2 and 4; “the person is able to interact with the electronic chair via a software application installed on his(her) mobile communication device which is in wireless communication with the electronic chair. “ and “the individual 404 can use the mobile communication device 402 (mobile phone/smart phone) to control one or more operations of the vending massage chair 100”; [0028] and [0063]),
said mobile application operating on a mobile device (“software application installed on his(her) mobile communication device”; [0028]),
said mobile device comprising any device capable of mobility on which the mobile application may be installed (“software application installed on his(her) mobile communication device”; [0028]).
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 wellness system and chair of the modified device of Einav with the software application, mobile communication device, and wireless communication of Ruggiero to be able to interact with the electronic chair wirelessly and allow the person to take full advantage of electronic chairs complete suite of functionality (Ruggiero: [0028]).
Regarding claim 4, the modified device of Einav further discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Ruggiero: smart phone and wireless) of claim 3,
wherein the controller system (Einav: Figs. 1 and 3-5C; wellness system 100 with controller 120; Abstract: Lines 1-7) communicates with the mobile device via a wireless networking medium (Fig. 4; “mobile communication device which is in wireless communication with the electronic chair. The wireless communication between the electronic chair and the mobile communication device can be facilitated by Near Field Communication (NFC) technology and/or Short Range Communication (SRC) technology (e.g., Bluetooth technology)”; [0028]).
Regarding claim 5, the modified device of Einav discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Ruggiero: smart phone and wireless) of claim 3,
The modified device of Einav does not disclose wherein the mobile application communicates with a web-based portal via a network communications medium, said web-based portal comprising a user interface, a database, or combinations thereof.
However, Ruggiero further discloses
wherein the mobile application (Fig. 4; “The software application that was downloaded/installed on the mobile communication device”; [0090], Lines 1-2) communicates with a web-based portal via a network communications medium (Fig. 4; “the mobile communication device can communicate with a remote management system (e.g., management system 408 of FIG. 4) (e.g., a remote sever) over a network (e.g., network 406 of FIG. 4)”; [0090]),
said web-based portal (Fig. 4; a remote management system (e.g., management system 408 of FIG. 4, e.g., a remote sever)) comprising a user interface, a database (Fig. 4; datastore 410; [0090]), or combinations thereof.
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 smartphone implementing a powered reclining chair application of the modified device of Einav with the network, remote management system, and datastore of Ruggiero to have a remote server that can receive reports of diagnostic information and usage patterns as well as be connected to a datastore which stores registration/account information (Ruggiero: [0061-0062], [0073], [0090], [0104]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Bass (US 7654974) and further in view of Splane (US 6692451) and Jacobs (US 11426007).
Regarding claim 6, the modified device of Einav discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions and seat portions; Splane: support member and pivot) of claim 1,
Einav does not disclose wherein the controller system performs a calibration function to calibrate the movement provided by the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof.
Jacobs discloses a powered reclinable chair assemblies with massage devices wherein
wherein the controller system (A remote control may, for example, include fifteen individual buttons: 13 calibrate; Col. 47, Lines 10-22) performs a calibration function to calibrate the movement (“After calibration a full extend soft stop may be set such that movement of an associated chairs does not ram into a hard stop. ¼ and ½ open may be set from an associated hard stop”; Col. 47, Lines 10-22) provided by the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof (“a first actuator configured to reorient a chair back, a second actuator configured to reorient a chair seat”; Col. 24, Lines 65-67 and Col. 25, Lines 1-11 and 56-57).
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 wellness system and controller of Einav to have a calibration button as taught in Jacobs to set a full extend soft stop after calibration such that movement of an associated chair does not ram into a hard stop (Jacobs: Col. 47, Lines 10-22).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Bass (US 7654974) and further in view of Splane (US 6692451) and Kim (US 20230030406).
Regarding claim 7, the modified device of Einav discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions and seat portions; Splane: support member and pivot) of claim 1,
the modified device of Einav does not explicitly disclose
wherein the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof, are controlled by one or more protocols performed by the controller system, said one or more protocols comprising a protocol ready function, a protocol completion function, or combinations thereof.
Kim discloses a massage device (chair)
wherein the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof, are controlled by one or more protocols performed by the controller system (at least one actuator controlled by an electric circuit to returns to an initial position; [0118-0129]), said one or more protocols comprising a protocol ready function (Fig. 1; when massage unit 2100 is returned to an initial state to prepare for an unexpected situation, [0117], [0120], and [0184], Lines 1-5) a protocol completion function, or combinations thereof.
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 wellness system, controller and actuators of Einav with the method of using the controller and actuators as taught in Kim to return the massage device to an initial state such that a user may know to move away from the vicinity of the massage device 100 or prepare for an unexpected situation (Kim: [0117], [0120], and [0184], Lines 1-5)
Regarding claim 8, the modified device of Einav further discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Kim: returning the massage chair to an initial state) of claim 7,
wherein the protocol ready function (Kim: Fig. 1; when massage unit 2100 is returned to an initial state to prepare for an unexpected situation, [0117], [0120], and [0184], Lines 1-5) causes the first linear actuator to return to a home position (Kim: at least one actuator controlled by an electric circuit to returns to an initial position; [0118-0129]).
Claims 7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Bass (US 7654974) and further in view of Splane (US 6692451) and another embodiment of Bass.
Regarding claim 7, the modified device of Einav discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions and seat portions; Splane: support member and pivot) of claim 1,
the modified device of Einav does not explicitly disclose
wherein the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof, are controlled by one or more protocols performed by the controller system, said one or more protocols comprising a protocol ready function, a protocol completion function, or combinations thereof.
However, another embodiment of Bass discloses
wherein the first linear actuator, the second linear actuator, the third linear actuator, or combinations thereof (Figs. 14-18; seat-bottom actuator motor 245 moves seat bottom 204 further away from the seat-back 208; Col. 10, Lines 6-11), are controlled by one or more protocols performed by the controller system (“The doctor can also set the controller's "session treatment time"; Col. 10, Lines 28-29), said one or more protocols (Col. 10, Lines 28-39) comprising a protocol ready function, a protocol completion function (Col. 10, Lines 28-39), or combinations thereof.
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 wellness system and controller of the modified device of Einav to be able to set the controller as taught in the second embodiment of Bass in order to have a customizable session treatment time that the actuator will cycle through (Bass: Col. 10, Lines 28-39).
Regarding claim 9, the modified device of Einav further discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions, seat portions, and session; Splane: support member and pivot) of claim 7,
wherein the protocol completion function (Bass: “session treatment time”; Col. 10, Lines 28-39) causes the first linear actuator, the second linear actuator (Einav: Fig. 4 and 5C; the orientation of seat 304 (e.g., relative to back 310) is controlled by an actuator 334; seat 304 moves forward [0065], Lines 1-7, [0066], [0070]), or the third linear actuator, or combinations thereof, to return to a home position (Bass: and pause for a duration of time after being returned to the home position (Bass: “After the 12 minutes are timed out, the seat-bottom actuator motor 245 returns to its pre-distraction neutral position and can shut itself off”; Col. 10, Lines 28-39).
Regarding claim 10, the modified device of Einav further discloses
the reclinable therapeutic massage chair (Einav: wellness system/controller, chair, and actuators; Bass: frame portions, seat portions, and session; Splane: support member and pivot) of claim 7,
wherein the one or more protocols (Bass: “session treatment time”; Col. 10, Lines 28-39):
cause the second linear actuator (Einav: Fig. 4 and 5C; the orientation of seat 304 (e.g., relative to back 310) is controlled by an actuator 334; seat 304 moves forward [0065], Lines 1-7, [0066], [0070]) to extend or retract the lower body support member all of, or one or more portions of, a prescribed length of extension (“once the desired distraction force is achieved, the doctor may then set the controller 212 to begin intermittent cycling of the actuator motor 245 and repeat the actuator's movement back and forth”; tolerance (patients tolerance of how far the seat is moved away) of distraction force is set by foot pedal; Col. 10, Lines 18-27);
cause the third linear actuator to rotate the lower body support member all of, or one or more portions of, a prescribed angle of rotation in either a clockwise or counter-clockwise direction; cause the second linear actuator to hold a length of extension for a prescribed or predetermined duration of time; cause the third linear actuator to hold an angle of rotation for a prescribed or predetermined duration of time; cause actuation of, a hold in the actuation of, or one or more sequences of actuation and a hold in actuation of, the second linear actuator, the third linear actuator, or combinations thereof, to be cycled;
or combinations thereof.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Jacobs (US 11426007).
Regarding claim 11, Einav discloses
a controller system for controlling a therapeutic device (Figs. 1 and 3-5C; wellness system 100 (control system) for chair 300 with massage unit 156; [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3), comprising:
a therapeutic device (Figs. 1 and 3-5C; chair 300 with massage unit 156; [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3);
wherein the controller system (Figs. 1 and 3-5C; wellness system 100 with controller 120; Abstract: Lines 1-7) is configured to control actuation (Figs. 1 and 3-5C; “the system comprises a chair including at least one actuator for changing one or more of a position of the chair, a part of the chair or an appendage of the chair in a motorized manner and a controller which controls such movement”; [0006], Lines 8-11) of one or more movements of the therapeutic device (Figs. 3-5C; multiple actuators to translate/rotate different sections of the chair 300; [0066], Lines 1-17); and
wherein the therapeutic device comprises a reclinable therapeutic massage chair (Figs. 1 and 3-5C; chair 300 with massage unit 156 that can recline (see Fig. 5C); [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3).
Einav does not disclose the controller system, comprising: a microcontroller; a mobile device coupled to the microcontroller by a wireless networking medium; a mobile application operating on the mobile device, said mobile application in communication with the microcontroller.
Jacobs discloses powered reclinable chair assemblies with massage devices wherein
the controller system (control systems and methods for operating powered chairs; Abstract, Line 5), comprising:
a microcontroller (“a powered chair control assembly may include a controller (e.g., a programmable logic controller (PLC), an application specific integrated circuit (ASIC), a discrete component electrical circuit, a field-programmable gate array (FPGA), a micro-controller, etc.”; Col. 25, Lines 50-56; the microcontroller);
a mobile device coupled to the microcontroller by a wireless networking medium (“Controller output(s) may control chairs wirelessly using available technologies such as Bluetooth®”; Col. 10, Lines 31-36);
a mobile application operating on the mobile device (“a powered reclining chair assembly may be touchlessly controlled via, for example, a cellular phone (e.g., a smartphone) implementing a powered reclining chair application”; Col. 12, Lines 18-36), said mobile application in communication with the microcontroller;
While Jacobs is silent as to the mobile device and application being coupled to the microcontroller and said mobile application in communication with the microcontroller, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the smartphone with the powered reclining chair application of Jacobs would have been able to be coupled to the microcontroller as Jacobs also teaches that the controller (microcontroller) controls the actuators which orients the chairs (Col. 24, Lines 65-67 and Col. 25, Line 1) and the controller outputs may control chairs wirelessly using Bluetooth® capability and drive the actuators (Col. 10, Lines 31-36).
Additionally, 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 wellness system of Einav with the control system and cell phone with a powered reclining chair application as taught in Jacobs to control the powered reclining chair assembly wirelessly (Col. 10, Lines 31-36 and Col. 12, Lines 18-36).
Regarding claim 12, the modified device of Einav further discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection) of claim 11,
wherein the therapeutic device (Einav: Figs. 1 and 3-5C; chair 300 with massage unit 156 that can recline (see Fig. 5C); [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3) comprises a plurality of therapeutic devices (Jacobs: Figs. 2A-C; a venue 200a may include a plurality of powered recliner chairs 210a supported on a base (e.g., a floor or a structure) 205a; Einav: Figs. 1 and 3-5C; chair 300 with massage unit 156 that can recline (see Fig. 5C); [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3).
Claims 13, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Jacobs (US 11426007) and further in view of Ruggiero (US 20210275388).
Regarding claim 13, the modified device of Einav discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection) of claim 11,
the modified device of Einav does not discloses wherein the mobile application requires a person to be authenticated before the person is allowed to access one or more user interfaces of the mobile application.
Ruggiero discloses a vending massager chair system
wherein the mobile application (software application on the mobile communication device 402; [0028] and [0063]) requires a person to be authenticated before the person is allowed to access one or more user interfaces of the mobile application (prior to using the massage chair users has to register a new account/create a login with a password or login to an existing customer account, “after an account has been created, an individual (e.g., individual 404 of FIG. 4) can perform user-software interactions to login to the vending massage chair system”; [0072], [0073], [0080], Lines 1-4, and [0092]).
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 cell phone with a powered reclining chair application of the modified device of Einav with the software application authentication as taught in Ruggiero to have a customer account that retains a customer massage profile (massage style, massage type, massage duration, massage location, etc.) and can be used at any massage chair once connected (Ruggiero: [0084], Lines 4-18).
Regarding claim 17, the modified device of Einav discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection) of claim 11, further comprising
a web-based portal (Einav: “the chair using a web interface (e.g., chair 300 may include a web server or may be a client for a suitable service), allows visitors to set up appointments with minimal interaction with the patient”; [0149]).
The modified device of Einav does not disclose wherein the mobile application is in communication with said web-based portal.
Ruggiero discloses a vending massage chair
wherein the mobile application (Fig. 4; software application on mobile communication/computing device; “The software application that was downloaded/installed on the mobile communication device”; [0090], Lines 1-2) is in communication with said web-based portal (Fig. 4; “the mobile communication device can communicate with a remote management system (e.g., management system 408 of FIG. 4) (e.g., a remote sever) over a network (e.g., network 406 of FIG. 4)”; [0090]).
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 smartphone implementing a powered reclining chair application of the modified device of Einav with the software application, mobile communication device, network, and remote management system of Ruggiero to have a remote server that can receive reports of diagnostic information and usage patterns as well as be connected to a datastore which stores registration/account information (Ruggiero: [0061-0062], [0073], [0090], [0104]).
Regarding claim 18, the modified device of Einav further discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection; Ruggiero: remote management system/server and database) of claim 17,
wherein the web-based portal (Ruggiero: Fig. 4; a remote management system (e.g., management system 408 of FIG. 4) (e.g., a remote sever) over a network (e.g., network 406 of FIG. 4)”; [0090]) comprises one or more user interfaces (Ruggiero: “settings of the vending massage chair 100 can be remotely controlled and/or adjusted by an administrator using the remote server”; [0061]), one or more databases (Ruggiero: Fig. 4; datastore 410; [0073], [0090], [0104]), or combinations thereof.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Jacobs (US 11426007) and further in view of Ruggiero (US 20210275388) and of Lee (US 20210220216).
Regarding claim 19, the modified device of Einav further discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection; Ruggiero: remote management system/server and datastore) of claim 18,
wherein the one or more databases (Ruggiero: Fig. 4; datastore 410; [0073], [0090], [0104]) comprise one or more records, said records comprising one or more fields of information identifying a clinic, a location (a map of massage chairs geographical locations ; [0073]), a user (user customer account information; [0090]), a machine (“this registration establishes the vending massage chair with a datastore (e.g., datastore 410 of FIG. 4)”; [0104]), a patient, a passcode (login sessions are remembered for future access in remote datastore; [0073], or combinations thereof.
The modified device of Einav is silent as to wherein the one or more databases comprise one or more data tables for storing one or more records.
Lee discloses a smart massage chair
wherein the one or more databases (Fig. 1; database (DB) comprising registration application information database 77, login information database 78, content information database 79, application information database 80, product driving content information database 81, content creation program information database 82, failure information database 83, incident information database 85, other information database 86; [0117]) comprise one or more data tables (Figs. 1 and 11-14) for storing one or more records (Figs. 1 and 11-14; records for device information such as registration info and device data such as usage of the device, error information; [0117] and [0146]).
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 remote management system and datastore of the modified device of Einav with the plurality of databases of Lee to provide a plurality of data tables as seen in Figs. 11-14 that can provide a AS engineer or customer center with information on a device name of a product, serial number, error code (Lee: [0146]).
Regarding claim 20, the modified device of Einav further discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection; Ruggiero: remote management system/server and datastore; Lee: databases and data tables) of claim 19,
wherein the machine comprises the therapeutic device (Einav: Figs. 1 and 3-5C; chair 300 with massage unit 156 that can recline (see Fig. 5C); [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3; Ruggiero: Fig. 4 and 38; registration of vending massage chair; [0104]; Lee: Figs. 11-14; device information and data is for a massage chair).
Claims 14-16 is rejected under 35 U.S.C. 103 as being unpatentable over Einav (US 20080132383) in view of Jacobs (US 11426007) and further in view of Lee (KR 20200033697) and its translation (EspaceNet Translation Lee).
Regarding claim 14, the modified device of Einav discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection) of claim 11,
wherein the mobile application allows a person to configure one or more parameters of operation of the therapeutic device (Jacobs: “a powered reclining chair assembly may be controlled via, for example, a cellular phone (e.g., a smartphone) implementing a powered reclining chair application”; Col. 12, Lines 18-36; Einav: Figs. 1 and 3-5C; chair 300 with massage unit 156 that can recline (see Fig. 5C); [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3).
The modified device of Einav is silent as to wherein the mobile application provides one or more user interfaces which allow a person to configure one or more parameters of operation of the therapeutic device.
Lee discloses a massage chair device
wherein the mobile application (Figs. 12-16;”the operation is driven by an app on a smartphone by linking one or more of WIFI, Bluetooth, IoT, and wireless communication provided in the massage chair device”; [0098]) provides one or more user interfaces (Figs. 12-16; buttons/touch screen provided in smartphone/app; [0114]) which allow a person to configure one or more parameters of operation of the therapeutic device (“These smartphone apps can input, adjust or change any selection including the intensity of movement, movement order, movement speed, movement time, movement area, movement start, movement stop, etc. of the general massage mode, the initial massage mode and the cellulite removal massage mode.” [0114]).
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 smartphone implementing a powered reclining chair application of the modified device of Einav with the smartphone app of Lee to provide an app that can input, adjust or change any selection in order to drive the operation of the massage chair (Lee: [0098], Lines 10-12 and [0114], Lines 1-7).
Regarding claim 15, the modified device of Einav further discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection) of claim 11,
allows a person to configure one or more sequences of operation of the therapeutic device (Jacobs: controls the sequence of operation of the actuators/reorients the chairs at a prescribed time sequence; Col. 10, Lines 23-25; Col. 24, Lines 65-67 and Col. 25, Lines 1-4; Einav: Figs. 1 and 3-5C; chair 300 with massage unit 156 that can recline (see Fig. 5C); [0025], Lines 3-8; [0032], Lines 1-6; [0063], Lines 1-3).
The modified device of Einav is silent as to wherein the mobile application provides one or more user interfaces which allow a person to configure one or more sequences of operation of the therapeutic device.
Lee discloses a massage chair device
wherein the mobile application (Figs. 12-16;”the operation is driven by an app on a smartphone by linking one or more of WIFI, Bluetooth, IoT, and wireless communication provided in the massage chair device”; [0098]) provides one or more user interfaces (Figs. 12-16; buttons/touch screen provided in smartphone/app; [0114]) which allow a person to configure one or more sequences of operation of the therapeutic device (These smartphone apps can input, adjust or change any selection including the intensity of movement, movement order, movement speed, movement time, movement area, movement start, movement stop, etc. of the general massage mode” [0114]).
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 smartphone implementing a powered reclining chair application of the modified device of Einav with the smartphone app of Lee to provide an app that can input, adjust or change any selection such as a movement/operation sequence in order to drive the operation of the massage chair (Lee: [0098], Lines 10-12 and [0114], Lines 1-7; [0101], Lines 1-5).
Regarding claim 16, the modified device of Einav discloses
the controller system (Einav: wellness system with massage chairs; Jacobs: powered chair assemblies with microcontroller, smartphone with app, and Bluetooth® connection) of claim 11,
The modified device of Einav is silent as to wherein the mobile application provides one or more user interfaces which allow a person to pause or stop operation of the therapeutic device.
Lee discloses a massage chair device
wherein the mobile application (Figs. 12-16;”the operation is driven by an app on a smartphone by linking one or more of WIFI, Bluetooth, IoT, and wireless communication provided in the massage chair device”; [0098]) provides one or more user interfaces (Figs. 12-16; buttons/touch screen provided in smartphone/app; [0114]) which allow a person to pause or stop operation of the therapeutic device (These smartphone apps can input, adjust or change any selection including the intensity of movement, movement order, movement speed, movement time, movement area, movement start, movement stop, etc. of the general massage mode” [0114]).
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 smartphone implementing a powered reclining chair application of the modified device of Einav with the smartphone app of Lee to provide an app that can input, adjust or change any selection including starting or stopping in order to drive the operation of the massage chair (Lee: [0098], Lines 10-12 and [0114], Lines 1-7; [0101], Lines 1-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rawls-Meehan (US 20210220216) – an adjustable bed position control that uses actuators and timing sequencing to retract and extend the bed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY REYES RUSSELL whose telephone number is (703)756-4567. The examiner can normally be reached M-F 730am -5pm.
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785