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 .
This action is in response to the filing on 8/17/2022. Since the previous filing, no claims have been added, amended or cancelled. Thus, claims 1-15 are pending in the application.
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.
Claim(s) 1, 2, 5, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811).
In regards to claim 1, Shenzhenshi discloses an intelligent start and stop massager (Fig 1), comprising a first shell (lower shell 2), a connecting spring (corrugated section of shell 3), and a second shell (upper shell 1), wherein a lower end of the first shell is connected to an upper end of the second shell through the connecting spring (Fig 1 and 2); a vibration motor is arranged in the first shell (motor 1308); the vibration motor is in driving connection with a deflection member (transmission 1306); a battery (battery 7), a touch switch is arranged in the second shell (button 9); a first rubber layer is wrapped on an outer side of the first shell (rubber casing 3 around lower shell 2); and a second rubber layer is wrapped on an outer side of the second shell (rubber casing 3 around upper shell 2, see Annotated Fig 2).
PNG
media_image1.png
578
400
media_image1.png
Greyscale
Annotated Fig 2
Shenzhenshi does not disclose a main control board, the main control board is in conduction connection with the vibration motor, the battery and the touch switch.
However, Alexander teaches a massaging device (Fig 1) having a main control board (printed circuit board 28), the main control board is in conduction connection with the vibration motor (vibrational motor 16), the battery (battery 37) and the touch switch (power button 35, paragraph 25 and 26).
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 Shenzhenshi to have a main control board, the main control board is in conduction connection with the vibration motor, the battery and the touch switch as taught by Alexander as this would provide the device with more specific control of the device through the control board.
In regards to claim 2, Shenzhenshi in view of Alexander teaches the device of claim 1 and Shenzhenshi further discloses wherein a movement clearance is kept between the lower end of the first shell and the upper end of the second shell (paragraph 16).
In regards to claim 5, Shenzhenshi in view of Alexander teaches the device of claim 1 and Shenzhenshi further discloses wherein the touch switch is a touch sensor chip which is mounted on an inner side wall of the second shell (pressure switch 9, Fig 2).
In regards to claim 10, Shenzhenshi in view of Alexander teaches the device of claim 1 and Shenzhenshi further discloses wherein the main control board is further in conduction connection with a charging contact used for charging the battery; and the charging contact is arranged on a lower side surface of the second shell (charging opening 8, paragraph 16).
In regards to claim 14, Shenzhenshi in view of Alexander teaches the device of claim 1 and Shenzhenshi further discloses wherein the touch switch is arranged on a peripheral side of the battery (battery 7 and switch 9, Fig 2).
While Alexander teaches a control board (PCB 28) beside a battery (battery 37), it does not teach wherein the main control board is arranged on a lower side of the battery. However, there is no functional criticality to the position of the board. 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 combination wherein the main control board is arranged on a lower side of the battery as such rearrangements of parts that do not modify the operation of the device do not have patentable weight (MPEP 2144.04 VI C).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Wersland (US 2022/0211575).
In regards to claim 3, Shenzhenshi in view of Alexander teaches the device of claim 1.
Shenzhenshi does not disclose wherein the first shell is provided with an upper end cover, and the upper end cover is light-transmittable; a lamp panel which emits light towards the upper end cover is arranged in the first shell; and the main control board is in control connection with the lamp panel.
However, Wersland teaches a therapy device wherein the first shell is provided with an upper end cover (lens cover 41), and the upper end cover is light-transmittable; a lamp panel which emits light towards the upper end cover is arranged in the first shell; and the main control board is in control connection with the lamp panel (circuit board 37 has LEDs 38, paragraph 94, Fig 5 and 8).
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 Shenzhenshi wherein the first shell is provided with an upper end cover, and the upper end cover is light-transmittable; a lamp panel which emits light towards the upper end cover is arranged in the first shell; and the main control board is in control connection with the lamp panel as taught by Wersland a this would allow the device to provide light based therapy.
In regards to claim 4, Shenzhenshi in view of Alexander and Wersland teaches the device of claim 3 and Wersland further teaches wherein the lamp panel is arranged on an upper side of the vibration motor (board 37 and motor 17, Fig 4).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Goldman (US 2019/0307983).
In regards to claim 6, Shenzhenshi in view of Alexander teaches the device of claim 5.
Shenzhenshi does not disclose wherein the touch sensor chip is a capacitive touch sensor chip or a resistive touch sensor chip.
However, Goldman teaches a therapy device (device 100) wherein the touch sensor chip is a capacitive touch sensor chip or a resistive touch sensor chip (paragraph 111).
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 Shenzhenshi wherein the touch sensor chip is a capacitive touch sensor chip or a resistive touch sensor chip as taught by Goldman as this is a known manner by which to control such devices.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Reese (US 2019/0212843).
In regards to claim 7, Shenzhenshi in view of Alexander teaches the device of claim 5.
Shenzhenshi does not disclose wherein the touch sensor chip is a copper foil or an aluminum foil.
However, Reese teaches a handheld device having a touch sensor chip wherein the touch sensor chip is a copper foil or an aluminum foil (paragraph 40).
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 Shenzhenshi wherein the touch sensor chip is a copper foil or an aluminum foil as taught by Reese as this is a known construction of touch sensors for hand held devices.
Claim(s) 8, 9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Zipper (US 2018/0042809).
In regards to claim 8, Shenzhenshi in view of Alexander teaches the device of claim 1.
Shenzhenshi does not disclose wherein a first fastening bulge is arranged on the second rubber layer; a first fastening slot matched with the first fastening bulge is formed in the first rubber layer; and during assembling, the first fastening bulge is located in the first fastening slot.
However, Zipper teaches using cooperating structures of a bulge and a slot to fasten adjacent layers together (retaining step 449, see Annotated Fig 6).
PNG
media_image2.png
279
254
media_image2.png
Greyscale
Annotated Fig 6
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 Zhenzhenshi wherein a first fastening bulge is arranged on the second rubber layer; a first fastening slot matched with the first fastening bulge is formed in the first rubber layer; and during assembling, the first fastening bulge is located in the first fastening slot as taught by Zipper as this is a known cooperative structure by which to attach adjacent layers of such devices.
In regards to claim 9, Shezhenshi in view of Alexander and Zipper teaches the device of claim 8.
While Zipper does not explicitly teach wherein a second fastening slot is arranged on the outer side of the first shell; and a second fastening bulge matched with the second fastening slot is arranged on the first rubber layer, it does teach wherein there is a pair of bulges which wraparound a cooperating bulge in an adjacent layer to ensure fastening (see Annotated Fig 6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the modified Shenzhenshi to have a second fastening slot is arranged on the outer side of the first shell; and a second fastening bulge matched with the second fastening slot is arranged on the first rubber layer as taught by Zipper as this structure of wraparound clamping is a known means by which to secure adjacent layesrs.
In regards to claim 15, Shenzhenshi in view of Alexander teaches the device of claim 1.
Shenzhenshi does not disclose wherein an upper end of the second rubber layer extends to and wraps a lower side of the first shell.
However, Zipper teaches wherein an upper end of the second rubber layer extends to and wraps a lower side of the first shell (overlapping sections, see Annotated Fig 6).
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 Shenzhenshi wherein an upper end of the second rubber layer extends to and wraps a lower side of the first shell as taught by Zipper as this would provide a smooth joining of the layers.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Solana (US 2020/0343746).
In regards to claim 11, Shenzhenshi in view of Alexander teaches the device of claim 10.
While Shenzhenshi discloses a charging opening on the device (charging opening 8, paragraph 16), it does not disclose further comprising a charging base, wherein the charging base is provided with a charging recess with an upward opening; the charging recess is matched with a lower side of the second rubber layer; and a bottom of the charging recess is provided with a charging flicking needle matched with the charging contact.
However, Solana teaches a massaging device further comprising a charging base (charging stand 10), wherein the charging base is provided with a charging recess with an upward opening (charging channel 14); the charging recess is matched with a lower side of the second rubber layer (device 100 fits into channel, Fig 2); and a bottom of the charging recess is provided with a charging flicking needle matched with the charging contact (charging pin 22, paragraph 38).
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 Shenzhenshi further comprising a charging base, wherein the charging base is provided with a charging recess with an upward opening; the charging recess is matched with a lower side of the second rubber layer; and a bottom of the charging recess is provided with a charging flicking needle matched with the charging contact as taught by Solana as this would provide an easy and efficient manner to charge the device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Sedic (US 2017/0087379).
In regards to claim 12, Shenzhenshi in view of Alexander teaches the device of claim 1.
Shenzhenshi does not disclose wherein the first shell and the second shell are both made of plastic.
However, Sedic teaches wherein the first shell and the second shell are both made of plastic (housing 102 composed of plastic, paragraph 19).
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 Shenzhenshi wherein the first shell and the second shell are both made of plastic as taught by Sedic as this is a known material to use in such devices.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhenshi (DE 202020104820) in view of Alexander (US 2020/0253811) and in further view of Huang (US 2022/0233397).
In regards to claim 13, Shenzhenshi in view of Alexander teaches the device of claim 1.
Shenzhenshi does not disclose wherein a friction indent is provided on an outer side surface of the second rubber layer, and the friction indent extends along an up-down direction.
However, Huang teaches wherein a friction indent is provided on an outer side surface of the second rubber layer, and the friction indent extends along an up-down direction (paragraph 81).
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 Shenzhenshi wherein a friction indent is provided on an outer side surface of the second rubber layer, and the friction indent extends along an up-down direction as taught by Huang as this would provide a secure and comfortable grip with which to hold the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785