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 .
Status of Claims
2. Claims 1-13 are pending and currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to because Figures 1-7B are grayscale drawings or photographs. The details of these grayscale drawings and/or photographs are such that they are not clearly reproducible in the printed application. According to 37 CFR 1.84(b)(1), black and white photographs are not permitted unless they are the only practicable medium for illustrating the claimed invention. Grayscale drawings will be treated as black and white photographs. In the instant case, each of Figures 1-7B could be represented by line drawings. Therefore, the photographs and/or grayscale drawings are not the only practicable medium for illustrating the claimed invention. Thus, the drawings are objected to, and line drawings should be provided instead.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
In the instant case, line 1 of the Abstract states “A massage apparatus of the disclosure includes” which is language that can be implied. Examiner suggests --A massage apparatus including--.
Claim Interpretation
Claim 2, lines 2-4 recite “the pair of main protrusions are inclined relative to each other so as to correspond to orientation angles of a pair of iliopsoas muscles of a human body.” The specification states: “Each iliopsoas muscle includes an iliacus muscle and a psoas muscle. The psoas muscle is a muscle that connects the lumbar spine to the hip joint and extends obliquely” (emphasis added) (see page 13, line 21 through page 14, line 1 of the Specification). Thus, “orientation angles of a pair of iliopsoas muscles” is interpreted in light of the disclosure to mean that the main protrusions are inclined relative to each other at oblique angles (i.e., not 90 degrees).
Claim 3, lines 2-3 recite “a periphery formed in a shape substantially similar to a shape of a pelvis.” The specification states: “That is, the periphery of the base part 110 is modeled after the pelvic bones and the muscles around the same” (see page 14, lines 16-19 of the Specification). Thus, “a shape substantially similar to a shape of a pelvis” is interpreted in light of the disclosure to mean an elongated shape substantially similar to the shape of one or more pelvic bones and/or muscles. It is noted that the phrase “substantially similar” is rather broad.
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 12-13 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 12, lines 2-3 recite “the pair of main protrusions massage iliopsoas muscles, waist muscles, or thigh muscles of a human body” which is directed to or encompassing a human organism. Examiner suggests --the pair of main protrusions are adapted to massage iliopsoas muscles, waist muscles, or thigh muscles of a human body--. For purposes of Examination, this has been interpreted to require main protrusions that are capable of massaging these muscles. As long as the prior art discloses main protrusions that are capable of pressing/massaging these muscles, it will be considered to read on the limitation.
Claim 13, lines 2-4 recite “the plurality of sub-protrusions massage muscles between an occipital bone and cervical vertebrae or muscles between the cervical vertebrae and thoracic vertebrae” which is directed to or encompassing a human organism. Examiner suggests --the plurality of sub-protrusions are adapted to massage muscles between an occipital bone and cervical vertebrae or muscles between the cervical vertebrae and thoracic vertebrae --. For purposes of Examination, this has been interpreted to require sub-protrusions that are capable of massaging these muscles. As long as the prior art discloses sub-protrusions that are capable of pressing/massaging these muscles, it will be considered to read on the limitation.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 8, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 101563654 B1).
Regarding claim 1, Kim discloses a massage apparatus (physical therapy device 100, Fig. 1 provides acupressure massage. “Shiatsu acupressure projection for the muscles of the neck,” see the last sentence of the Abstract) comprising:
a base part (main body 10, Fig. 4) configured to be supported by a floor (see Figs. 6-7 and “pressure of the neck of the body while the person is lying down … for the physical treatment on the floor” see the second and third paragraphs of page 5 of the English translation) and protruding upwards (the main body 10 protrudes upwards from its lowest point as seen in Fig. 4, Fig. 6);
a pair of main protrusions (see “Main Protrusions 1” in annotated Figure A below, the largest neck muscle acupressure projections 60) protruding upwards (see Fig. 4, Fig. 7) from respective side portions (left, right sides 30, 30, Fig. A below) of the base part (10);
a plurality of sub-protrusions (see “Sub-Protrusions 2” in annotated Figure A below, the smaller, inner neck muscle acupressure projections 60) formed between the pair of main protrusions (1, see Fig. A) so as to be lower (see Figure 4, due to the curvature of the main body 10, the protrusions 60 get lower as they approach the middle of the device) and smaller than the pair of main protrusions (see annotated Fig. A below, the “Main Protrusions 1” are larger than the “Sub-Protrusions 2” at least in length); and
a lower rounded part (curved surface 11, Fig. 4) formed on a lower surface of the base part (the rounded surface 11 is formed on the bottom surface of main part 10, see Fig .4) so as to be rounded downwards and to take a form of a convex curved surface (surface 11 is convex, see Fig. 4, Fig. 7).
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Annotated Figure A (from Fig. 3 of Kim): Kim has a pair of main protrusions (1, shaded gray) protruding upwards (as seen in Fig. 4, Fig. 7) from respective side portions (30, 30); and a plurality of sub-protrusions (2) formed between the main protrusions (1) so as to be lower (see Fig. 4) and smaller than the main protrusions (the “Main Protrusions 1” are larger than the “Sub-Protrusions 2” at least in length).
Regarding claim 2, Kim discloses wherein the pair of main protrusions (1, annotated Fig. A above) are inclined relative to each other so as to correspond to orientation angles of a pair of iliopsoas muscles of a human body (As noted above, “orientation angles of a pair of iliopsoas muscles” is interpreted in light of the disclosure to mean that the main protrusions are inclined relative to each other at oblique angles (i.e., not 90 degrees). Kim’s main protrusions are inclined relative to each other, at oblique angles θ1, θ2 relative to the vertical as seen in annotated Fig. B below).
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Annotated Figure B (from Fig. 4 of Kim): Kim’s main protrusions (shaded) are inclined relative to each other at oblique angles (θ1, θ2, are oblique angles formed relative to the vertical as seen by the dashed lines). Additionally, Kim’s massage apparatus is divided into an upper part (the part above the “Transverse Plane”) and a lower part (the part below the “Transverse Plane”) based on a plane (see “Transverse Plane”) passing through a periphery of the base part (the transverse plane passes through at least a portion of the periphery of the base part as seen above).
Regarding claim 3, Kim discloses wherein the base part (10) has a periphery formed in a shape substantially similar to a shape of a pelvis (as viewed in Fig. A above, the base extends laterally substantially similar to the ilium bones of the pelvis, and then narrows to a point along the midline, substantially similar to the pubis bone. This similarity to the ilium and pubis reads on the broadest reasonable interpretation of “substantially similar” to a shape of a pelvis).
Regarding claim 4, Kim discloses wherein the plurality of sub-protrusions (2, Fig. A above) comprise two middle sub-protrusions (the two sub-protrusions 2 that are located closest to the middle, see Fig. A above) and two outer sub-protrusions (the two sub-protrusions 2 that are located closest to the main protrusions 1, see Fig. A above) respectively located to a left and to a right of the two middle sub-protrusions (see Fig. A above).
Regarding claim 8, Kim discloses wherein the massage apparatus is divided into an upper part and a lower part based on a plane passing through a periphery of the base part (see “Transverse Plane” in annotated Fig. B above. The transverse plane passes through at least a portion of the periphery of the base part. The “upper part” is the part above the transverse plane, and the “lower part” is the part below the transverse plane).
Regarding claim 12, Kim discloses wherein the pair of main protrusions (1, Fig. A above) massage iliopsoas muscles, waist muscles, or thigh muscles of a human body (As noted above, this has been interpreted to require main protrusions that are capable of massaging these muscles. As long as the prior art discloses main protrusions that are capable of pressing/massaging these muscles, it will be considered to read on the limitation. Here, Kim’s main protrusions (1) are located on an uppermost, concave surface of the massage apparatus, and thus able to be pressed against a variety of body parts including the waist or thigh. Additionally, Kim states that the physical therapy device (100) is curved to provide acupressure to the neck or back, shoulders, waist, or thighs, see page 6, the first paragraph of the English translation).
Regarding claim 13, Kim discloses wherein the plurality of sub-protrusions (2, Fig. A above) massage muscles between an occipital bone and cervical vertebrae or muscles between the cervical vertebrae and thoracic vertebrae (As noted above, this has been interpreted to require sub-protrusions that are capable of massaging these muscles. As long as the prior art discloses sub-protrusions that are capable of pressing/massaging these muscles, it will be considered to read on the limitation. Here, as seen in Figures 5-6, the sub-protrusions 2 are pressing against muscles in the area where the occipital bone meets the cervical vertebrae).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101563654 B1) in view of Zhong (CN 108210144 A).
Regarding claim 5, Kim discloses further comprising: a first depressed portion (recessed neck groove 80, Fig. 3, Fig. 5) located in front of the plurality of sub-protrusions (groove 80 extends in front of the sub-protrusions 2, see Fig. A above) and concavely formed (it is stated to be a recessed groove, “the body of the neck to be seated in the recess 80” see the second and third paragraphs of page 4 of the English translation) to a point higher than the base part (the groove 80 extends to a point adjacent protrusions 40 and 60 as seen in Fig. 3 to receive the neck as seen in Figs. 5-6. This point is adjacent the upper surface of the massage device as seen in Fig. 4 and thus higher than the floor-contacting base part. Here, the “base part” is considered the portion of body 10 that is below the “Transverse Plane”, including lower surface 11 as seen in Fig. B above. The main protrusions 1, Fig. A, still protrude upwards from respective side portions adjacent 30, 30, of this base part).
Kim is silent regarding a second depressed portion located behind the plurality of sub-protrusions and formed so as to penetrate the base part.
Zhong teaches a related neck supporting massage apparatus (Fig. 1, Fig. 5) that includes a second depressed portion (see “Depressed Portion” in annotated Fig. C below) located in a back of the massage apparatus (along the rear edge) so as to penetrate a base part (the concave “Depressed Portion” in Fig. C penetrates into the boundary of base part 10). As seen in Fig. 5, this depressed portion is positioned to receive the occipital bone area of the patient’s head, and the concavity provides a comfortable fit with the base of the user’s head (“according to the positioning effect of the head and shoulder, a neck part of the front and back supporting auxiliary traction, naturally the neck stretching and relaxing muscle, providing cervical column lying frame supporting comfortable sleep sanitarian effect and purpose” see the last paragraph of page 2 of the English translation).
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Annotated Figure C (From Fig. 3 of Zhong): Zhong has a (second) depressed portion (see dashed, arcuate line) formed so as to penetrate the base part (the concave shape penetrates into the boundary of the base part 10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the rear portion that would contact the occipital bone of the patient’s head in Kim and include a second depressed portion such as a concavity that penetrates into the base part as taught by Zhong because this concave depressed portion will provide an expected result of a comfortable fit with the base of the user’s head as they lay down. It is noted that this second depressed portion will thus be located behind the plurality of sub-protrusions (2, Fig. A above) in the modified Kim/Zhong device.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101563654 B1) in view of Zhong (CN 108210144 A) as applied to claim 5 above, and further in view of Kim (2017/0128307) (hereinafter “Kim ‘307).
Regarding claim 6, the modified Kim/Zhong device is silent regarding a first inclined surface formed on a front of each of the plurality of sub-protrusions; and a second inclined surface formed on a back of each of the plurality of sub-protrusions, wherein the first inclined surface is steeper than the second inclined surface.
Kim ‘307 teaches a related massage apparatus (Figs. 18-25B) for the occipital and cervical regions (see the Abstract), which includes a plurality of sub-protrusions (shoulder pressing surfaces 131, Fig. 25A-25B) that include a first inclined surface formed on a front of each of the plurality of sub-protrusions (see “First Inclined Surface 10” in annotated Fig. D below); and a second inclined surface formed on a back of each of the plurality of sub-protrusions (see “Second Inclined Surface 20” in annotated Fig. D below), wherein the first inclined surface is steeper than the second inclined surface (the angle of First Inclined Surface 10 is steeper than the angle of Second Inclined Surface 20, see Fig. D). These sub-protrusions (131) are “inclined forward at a portion facing the user’s shoulder” (see the last two lines of [0117]) and thus configured to apply pressure to the top of the user’s shoulders as they lay down (see Fig. 27, see the last sentence of [0118]).
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Annotated Figure D (from Fig. 25A of Kim ‘307): Kim ‘307 discloses massaging sub-protrusions (131) that include a first inclined surface (10, dashed line) formed on a front of the sub-protrusion, and a second inclined surface (20, dashed line) formed on a back/rear of the sub-protrusion, and the first inclined surface (10) is steeper than the second inclined surface (20).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of sub-protrusions of Kim/Zhong to have a first inclined surface formed on a front of each of the plurality of sub-protrusions and a second inclined surface formed on a back of each of the plurality of sub-protrusions, wherein the first inclined surface is steeper than the second inclined surface as taught by Kim ‘037 in order to provide massage protrusions that are inclined forwards to massage to the top of the shoulders.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101563654 B1) in view of Reynolds et al. (2012/0059405).
Regarding claim 7, Kim is silent regarding a pair of protrusion-corresponding recesses formed in a lower surface of the massage apparatus so as to extend upwards at positions corresponding to the pair of main protrusions.
Reynolds teaches a related massaging device for a user to lay upon (Figs. 31-32), with a pair of main protrusions (trigger point therapy tool(s) 100, Fig. 11, Fig. 31), and each protrusion including a protrusion-corresponding recess (“inner surface 110 is recessed upwards from the plane of the base 106 to form a pocket 112” see Fig. 15 and the first two sentences of [0054]) formed in a lower surface of the massage apparatus (the pocket 112 is formed in a lower surface of tool 100 as it is recessed upwards from the plane of base 106, see Fig. 15) so as to extend upwards at positions corresponding to the pair of main protrusions (the pocket(s) 112 extend upwards at positions corresponding to the main protrusion(s) 100, see Fig. 15). Reynolds states that this recess “reduces the volume of material needed to form the tool …[so] the weight and cost of the tool 100 are reduced” (see the last two sentences of [0054]). The protrusions (100) are then detachably connected to a kit of base parts (kit including flat base 106, Fig. 2, wedge base 128, Fig. 21-25, or rocker base tool 116, Figs. 16-20) as desired. The rocker base tool (116) has a curved surface (120, Fig. 20) “to aid in rocking on various surfaces” (see the last sentence of [0058]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the base part and protrusions of Kim to have the parts be detachably connected and to have the protrusions each include protrusion-corresponding recesses formed in a lower surface of the massage apparatus so as to extend upwards at positions corresponding to the pair of main protrusions as taught by Reynolds because the recesses would provide advantages such as reducing the volume of material needed to form the tool, and the detachable base part would allow the user to select different base parts to suit their needs such as the flat base part, wedge base, or rocker base.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101563654 B1) in view of Kiernan (2019/0307639).
Regarding claim 9, Kim is silent regarding a concave portion concavely formed in a separation surface of the upper part; and a protruding portion protruding from a separation surface of the lower part and inserted into the concave portion.
Kiernan teaches a related massaging apparatus (Fig. 1) with a base part (base portion 12, Fig. 1) in a lower part of the apparatus, and the base part is detachably coupled (see the first sentence of [0057]) to a massaging part (cap portion 14 with transition portion 15 and rounded distal nipple 16, Fig. 1) formed in an upper part of the apparatus. There is a concave portion (internal bore 152 is a concave portion because it is a hollow bore with a concave upper end, adjacent 116, see Fig. 17) concavely formed in a separation surface of the upper part (see “Separation Surface of Upper Part 100” in annotated Fig. E below), and a protruding portion (central extension 156, Fig. 19) protruding from a separation surface of the lower part (see “Separation Surface of Lower Part 200” in annotated Fig. E below) and inserted into the concave portion (central extension 156 is inserted into the bore 152 “to allow a secure attachment of the cap 114 to the primary base 112” via “cooperative contour or texture”, see Fig. 17, Fig. 19, and lines 10-13 and lines 16-17 of [0056]). This provides a modular device that can be attached to different types of base members (see the first sentence of [0057]), and provides additional predictable advantages such as allowing easier storage of the device since it can be disassembled to smaller parts.
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Annotated Figure E (from Fig. 17 and Fig. 19 of Kiernan): Kiernan has a modular massage apparatus with a separation surface of an upper part (100, darkened black) and a separation surface of a lower part (200, darkened black).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the upper part and lower part of Kim to have a concave portion concavely formed in a separation surface of the upper part, and to have the lower part include a protruding portion protruding from a separation surface of the lower part and inserted into the concave portion as taught by Kiernan because this allows the massaging apparatus to be modular to select various base parts depending on the user’s preferences, and this allows easier storage of the device since it can be disassembled to smaller parts.
Regarding claim 10, the modified Kim/Kiernan device discloses wherein each of the concave portion (152, Fig. 17 of Kiernan) and the protruding portion (156, Fig. 19 of Kiernan) is formed to have a circular-shaped section (bore 152 is shown to be circular in Fig. 17, and protruding portion 156 is shown to be circular in Fig. 19 of Kiernan).
Regarding claim 11, the modified Kim/Kiernan device discloses wherein each of the concave portion (152, Fig. 17 of Kiernan) and the protruding portion (156, Fig. 19 of Kiernan) is formed to have an elliptical-shaped section (bore 152 is shown to be circular in Fig. 17, and protruding portion 156 is shown to be circular in Fig. 19 of Kiernan. In geometry, a circle is known to be a special type of ellipse, where the two focal points of the ellipse coincide in the center of the circle. Therefore, the circular cross-sections of the concave portion and protruding portion are also considered elliptical-shaped).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Johnson (2,818,854) discloses a related device for mobilizing the sacro-iliac joint(s) including a pair of main protrusions and a base part that has a curved lower surface. Iams (5,070,865) discloses a related device for massaging a person’s spinal region including an embodiment (Fig. 12) with a pair of main protrusions, a plurality of smaller sub-protrusions therebetween, and a separate embodiment with a base part having a lower surface that is curved. Speece (5,626,616) discloses a related device for massaging a person’s sacroiliac joint, including a pair of main protrusions that are inclined relative to each other. Taylor (2003/0004446) discloses a related massage device for a person’s spinal area that has a pair of main protrusions that are recessed from a lower surface, and the main protrusions are attached to the base part via a male/female connection. Emmel (2006/0247562) discloses a related massage device for a person’s spinal area that has a pair of main protrusions and a base part having a lower surface that is curved. Zacharias (2009/0131973) discloses a related massage device for relieving pain or tension at the base of the neck, including a pair of main protrusions and a plurality of smaller sub-protrusions extending between. KR 100919373 B1 discloses a related massage device that is suited to massage various parts of the user’s back and neck, including a pair of main protrusions and a plurality of smaller sub-protrusions. Lee (2009/0293885) discloses a related massage device with a plurality of sub-protrusions. Kim (WO 2011/074718 A1) discloses a related massage device with a plurality of sub-protrusions. Denisenko et al. (2017/0340514) discloses a related massage device with two main protrusions and depressed portions. Zake (2017/0340508) discloses a related massage device in which the massage head is detachably connected to a base portion at a separation surface, and the upper part includes a concavity and the lower part includes a protrusion. Emmel (2017/0348175) discloses a related massage device for a person’s spinal area that has a pair of main protrusions and a base part having a lower surface that is curved. Sitsihovskiy et al. (2018/0207054) discloses a related massage device with a pair of main protrusions with recessed portions. Shin et al. (2019/0343718) discloses a related massage device with a plurality of sub-protrusions. Schwarber (2021/0007923) discloses a related massage device with a base part that has a curved lower surface and a massage protrusion that has a recessed portion. Han (KR 102218609) discloses a related massage device with a plurality of protrusions for the sacroiliac joints. Zhao (CN 213788758 U) discloses a related massage device with a pair of main protrusions and a plurality of sub-protrusions between. Carr (2021/0236372) discloses a related pelvic massage device with a pair of main protrusions that are inclined relative to each other and detachably mounted to a base part that is configured to rock side to side. Carr (2021/0236371) discloses a related pelvic massage device with a pair of main protrusions that are inclined relative to each other and detachably mounted to a base part. DeGrandis (2021/0267835) discloses a related massage device with a pair of main protrusions that are inclined relative to each other to massage the sacroiliac joint. Karvandi (2021/0283000) discloses a related massage device with a pair of main protrusions that are configured to target the hip flexor group, including the psoas. Smith et al. (2022/0008284) discloses a related pelvic massage device with a pair of main protrusions that are inclined relative to each other and adjustably mounted to a base part.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 10:00-6:30 (eastern).
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/CHRISTOPHER E MILLER/Examiner, Art Unit 3785