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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: The driving shaft is not given a reference numeral in the specification or drawings, but is stated clearly and can be seen in the drawings. Please give a reference numeral to the driving shaft and label it in the drawings. 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. 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.
Claim Objections
Claims 1-7, 10, and 11 are objected to because of the following informalities:
Claim 1, line , “a pinion gear having teeth engaging the rack gear belt, and moving” should read “a pinion gear comprising teeth configured to engage the rack gear belt and move”
Claim 1, line , “a guide roller” should read “the guide roller”
Claim 1, line , “rotating” should read “configured to rotate”
Claim 1, line , “preventing” should read “configured to prevent”
Claim 2, line , “supporting” should read “configured to support”
Claim 3, line , “being” should read “configured to be”
Claim 3, line , “preventing” should read “prevent”
Claim 3, line , “formed on” should read “form on”
Claim 3, line , “the pinion gear side” should read “a pinion gear side”
Claim 3, line , “do not get in contact” should read “do not contact”
Claim 4, line , “extending” should read “configured to extend”
Claim 4, line , “having” should read “have”
Claim 4, line , “thereof” should read “of the gear head”
Claim 5, line , “at both sides of the tooth of the pinion gear” should read “at both sides of a tooth of the teeth of the pinion gear”
Claim 6, line , “at both sides of the tooth of the pinion gear” should read “at both sides of a tooth of the teeth of the pinion gear”
Claim 7, line , “one or more guide rollers” should read “the guide roller” or in claim 1 change “the guide roller” to “one or more guide rollers”
Claim 10, line , “the pinion gear side” should read “a pinion gear side”
Claim 10, line , “do not get in contact” should read “do not contact”
Claim 11, line , “passing” should read “configured to pass”
Appropriate correction is required.
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, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Nagamitsu (JP 2014018464) and its translation (EspaceNet Translation Nagamitsu).
Regarding claim 1, Nagamitsu discloses
a massage apparatus (Fig. 9; massage machine 1; [0015], Lines 1-2) comprising:
a rack gear (Figs. 9 and 10; guide mechanism 9 with guide member 31; [0041], Lines 1-5) included in a main frame (Figs. 9 and 10; chair body 2; [0041], Lines 1-5) to move a massage module (Figs. 6-11; massage mechanism 8; [0041], Lines 1-5),
wherein the rack gear (Figs. 9 and 10; guide mechanism 9 with guide member 31; [0041], Lines 1-5) comprises:
a buttock rack gear (Figs. 9 and 10; part of guide mechanism 9 that goes over seat portion 3; [0041], Lines 1-5 and [0048], Lines 1-6) and a back rack gear (Figs. 9 and 10; part of guide mechanism 9 that goes over backrest portion 4; [0041], Lines 1-5 and [0048], Lines 1-6) without a connection unit for connecting the buttock rack gear and back rack gear (no connection unit between the seat and back portions; see Fig. 9);
a rack gear belt (Figs. 9 and 10; guide rails 31a; [0050], Lines 6-10) having a plurality of holes (Figs. 10-12; engagement holes 31b; [0050], Lines 6-10), made of a flexible material (“a guide rail 31a made of a flexible plate-like member”; [0050], Lines 6-10), and
extending (Figs. 9 and 10; guide rails extend along the seat and back portion; [0041], Lines 1-5 and [0048], Lines 1-6) along a buttock frame (Figs. 9 and 10; seat section/portion 3 of chair body 2; [0021], Lines 4; [0041], Lines 1-5 and [0048], Lines 1-6) and a back frame (Figs. 9 and 10; backrest section/portion 4 of chair body 2; [0041], Lines 1-5 and [0048], Lines 1-6) included in the main frame (Figs. 9 and 10; chair body 2; [0041], Lines 1-5); and
a rack gear support (Figs. 9-11; rail surface 35 and body support section S; [0015], Lines 4-5 and [0051], Lines 4-6) positioned below the rack gear belt to support the rack gear belt (Figs. 9-11; guide rails 35a; [0051], Lines 4-8; parts of the body support section S and rail surface 35 that is below the guide rail to prevent guide rail from bending), and
wherein the massage module (Figs. 6-11; massage mechanism 8; [0041], Lines 1-5) comprises:
a pinion gear (Figs. 7-10; pairs of toothed rotors 22 and 23; [0036], Lines 1-4 and [0037], Lines 1-4) having teeth (Figs. 7-10; plurality of teeth 22a and 23a; [0038], Lines 1-3) engaging the rack gear belt (Figs. 9 and 10; guide rails 31a; [0050], Lines 6-10), and moving the massage module (Figs. 6-11; massage mechanism 8; [0041], Lines 1-5) along the rack gear (Figs. 9 and 10; guide member 31; [0041], Lines 1-5) by rotation received from an actuator (Figs. 7-10; movement motor 21 with power transmission unit 30; [0036], Lines 4-5);
a connection link (Figs. 7 and 11; bracket 8a; [0036], Lines 1-5 and [0037], Lines 1-5; [0051], Lines 4-6) for connecting the pinion gear (Figs. 7-11; pairs of toothed rotors 22 and 23; [0036], Lines 1-4 and [0037], Lines 1-4) and a guide roller (Figs. 7-11; guide rollers 26, 27 and 34; [0039], Lines 1-8 and [0051], Lines 4-6); and
a guide roller (Fig. 11; guide roller 34; [0051], Lines 4-6) rotating in contact with the rack gear support (Fig. 11; rail surface 35 and body support section S; [0051], Lines 4-6) by the movement of the pinion gear (Figs. 7-10; pairs of toothed rotors 22 and 23; [0036], Lines 1-4 and [0037], Lines 1-4), and preventing the massage module from shaking (Figs. 6-11; massage mechanism 8; [0041], Lines 1-5; guide rollers help keep massage mechanism on guide rail/from moving).
Nagamitsu does not explicitly disclose the rack gear support configured to be made of a flexible material.
However, Nagamitsu discloses the guide rails 35a being made of a flexible plate-like member ([0042], Lines 1-2).
a rack gear support made of a flexible material.
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 rail surface and body support section of Nagamitsu to have parts be made of a flexible material similar to the guide rail to help with adjusting the angle of the body support portion to provide massage treatment that suits the physique and preference of the person being treated ([0011], Lines 6-7).
Regarding claim 7, Nagamitsu further discloses
the massage apparatus (massage machine 1) according to claim 1,
wherein one or more guide rollers (Figs. 7-11; guide rollers 26, 27 and 34; [0039], Lines 1-8 and [0051], Lines 4-6) are connected to the pinion gear (Figs. 7-11; pairs of toothed rotors 22 and 23; [0036], Lines 1-4 and [0037], Lines 1-4) by the connection link (Figs. 7 and 11; bracket 8a; [0036], Lines 1-5 and [0037], Lines 1-5; [0051], Lines 4-6).
Regarding claim 8, Nagamitsu further discloses
the massage apparatus (massage machine 1) according to claim 1,
wherein the shape of the plurality of holes (Figs. 10-12; engagement holes 31b; [0042], Lines 1-5 and [0050], Lines 6-10) formed in the rack gear belt (Figs. 9 and 10; guide rails 31a; [0042], Lines 1-5 and [0050], Lines 6-10) is any one of a rectangular shape, an oval shape, and a circular shape (see Figs. 10 and 11; engagement holes 31b are circular in shape), and
wherein at least one of the plurality of holes (Figs. 10-12; engagement holes 31b; [0042], Lines 1-5 and [0050], Lines 6-10) is formed in a width direction (each holes is a certain width from the edge of the guide rail) of the rack gear belt (Figs. 9 and 10; guide rails 31a; [0042], Lines 1-5 and [0050], Lines 6-10), and
the plurality of holes (Figs. 10-12; engagement holes 31b; [0042], Lines 1-5 and [0050], Lines 6-10) are continuously formed at a predetermined pitch ([0042], Lines 1-5) in a longitudinal direction ([0042], Lines 1-5) of the rack gear belt (Figs. 9 and 10; guide rails 31a; [0042], Lines 1-5 and [0050], Lines 6-10).
Claims 2, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nagamitsu (JP 2014018464) and its translation (EspaceNet Translation Nagamitsu) in view of Yuan (CN 108703859) and its translation (EspaceNet Translation Yuan).
Regarding claim 2, Nagamitsu discloses
the massage apparatus (massage machine) according to claim 1,
wherein the rack gear support (Figs. 9-11; rail surface 35 and body support section S; [0015], Lines 4-5 and [0051], Lines 4-6) comprises:
a support core (Figs. 9-11; rail surface 35; [0015], Lines 4-5 and [0051], Lines 4-6) supporting the rack gear belt (Figs. 9 and 10; guide rails 31a; [0050], Lines 6-10) above or below (Figs. 9-11 [0051], Lines 4-8; parts of the rail surface 35 that is below the guide rail to prevent guide rail from over bending); and
Nagamitsu does not disclose a side plate being perpendicular to the support core, preventing the support core from being bent, and formed on at least a portion of the rack gear support.
Yuan discloses a massage chair with a walking rail with a guide rail where there is a plurality of transverse and longitudinal support ribs 34 on the bottom of the rack to help provide support (Fig. 4; transverse and longitudinal support ribs 34; [0038], Lines 1-3).
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 bottom of the rail surface of Nagamitsu with the longitudinal support ribs of Yuan to increase the strength of the rail surface (Yuan: [0038], Lines 1-3).
It directly follows that the resultant rail surface of Nagamitsu combined with the longitudinal support ribs of Yuan would meet the claimed structural limitations since:
a side plate (Yuan: Fig. 4; longitudinal support ribs 34; [0038], Lines 1-3) being perpendicular to the support core (Nagamitsu: Figs. 9-11; rail surface 35; [0051], Lines 4-8; Yuan: Fig. 4; longitudinal support ribs 34; longitudinal support rib is perpendicular to rack),
preventing the support core (Nagamitsu: Figs. 9-11; rail surface 35; [0051], Lines 4-8) from being bent (Yuan: Fig. 4; longitudinal support ribs 34; [0038], Lines 1-3; the longitudinal support ribs provide strength/stiffness to the rack helping with bending), and
formed on (Nagamitsu: Figs. 9-11; rail surface 35; [0051], Lines 4-8; Yuan: Fig. 4; longitudinal support ribs 34; [0038], Lines 1-3; ribs are formed on bottom of rail surface) at least a portion of the rack gear support (Nagamitsu: Figs. 9-11; rail surface 35 and body support section S; [0015], Lines 4-5 and [0051], Lines 4-6).
Regarding claim 11, Nagamitsu discloses
the massage apparatus (massage machine 1) according to claim 1,
Nagamitsu does not explicitly disclose wherein the rack gear support includes an angle change unit to change an angle of the back rack gear with respect to the buttock rack gear, and wherein the angle change unit includes a first sub-component, a second sub-component, and a change unit rotating shaft passing through both the first sub-component and the second sub-component.
Yuan discloses the massage machine walking core
wherein the rack gear support (Figs. 1-3; connecting plate 4; [0040], Lines 1-3) includes an angle change unit (Figs. 2-3; plurality of chain links 41; [0040], Lines 1-3 and [0041], Lines 1-5) to change an angle (Figs. 1-3; angle of the massage chair backrest; [0045], Lines 1-8 and [0047], Lines 1-8) of the back rack gear (Figs. 1-3; back frame/second guide rail 32; [0045], Lines 1-8 and [0047], Lines 1-8) with respect to the buttock rack gear (Figs. 1-3; back frame/first guide rail 31; [0045], Lines 1-8 and [0047], Lines 1-8), and
wherein the angle change unit (Figs. 2-3; plurality of chain links 41; [0040], Lines 1-3 and [0041], Lines 1-5) includes a first sub-component (Fig. 3; protruding block 413 of a first base plate 414 (see the bottom base plate 414 in Fig. 3); [0041], Lines 1-5), a second sub-component (Fig. 3; protruding blocks 411 and 412 of a second base plate 414 (see the top base plate 414 in Fig. 3); [0041], Lines 1-5) , and
a change unit rotating shaft (Fig. 3; connecting shafts 42; [0040], Lines 2-3 and [0042], Lines 1-2) passing (Fig. 3; connecting shaft passes through axis holes 415 in the protrusions 411, 412, and 413; [0042], Lines 1-2) through both the first sub-component (Fig. 3; protruding block 413 of a first base plate 414 (see the bottom base plate 414 in Fig. 3); [0041], Lines 1-5) and the second sub-component (Fig. 3; protruding blocks 411 and 412 of a second base plate 414 (see the top base plate 414 in Fig. 3); [0041], Lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify part of the rail surface of Nagamitsu with the connecting plate of Yuan to be able to adjust the rotation angle of the back frame while being smoothly connected (Yuan: [0047], Lines 1-8).
Regarding claim 12, the modified device of Nagamitsu further discloses
the massage apparatus (Nagamitsu: massage machine 1; Yuan: longitudinal support ribs) according to claim 2,
wherein the side plate (Yuan: Fig. 4; longitudinal support ribs 34; [0038], Lines 1-3) is not formed (longitudinal ribs of Yuan is formed on whole railway surface of Nagamitsu; therefore, it extends along the length of the buttock and back rack gear) between the buttock rack gear (Nagamitsu: Figs. 9 and 10; part of guide mechanism 9 that goes over seat portion 3; [0041], Lines 1-5 and [0048], Lines 1-6) and the back rack gear (Figs. 9 and 10; part of guide mechanism 9 that goes over backrest portion 4; [0041], Lines 1-5 and [0048], Lines 1-6).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nagamitsu (JP 2014018464) and its translation (EspaceNet Translation Nagamitsu) in view of Yuan (CN 108703859) and its translation (EspaceNet Translation Yuan) and further in view of Youn (KR 101441847).
Regarding claim 3, the modified device of Nagamitsu discloses
the massage apparatus (Nagamitsu: massage machine 1; Yuan: longitudinal support ribs) according to claim 2,
The modified device of Nagamitsu does not disclose wherein the support core comprises: a gear tooth movement groove formed toward the pinion gear side so that teeth of the pinion gear do not get in contact with the rack gear support; and at least one hook groove to which at least one fixing hook formed on the rack gear belt is coupled so that the rack gear belt can be fixed to the rack gear support.
Yuan further discloses the massage machine walking core
wherein the support core (Figs. 1-3; flexible connecting plate 4; [0037], Lines 1-4) comprises:
at least one hook groove (Fig. 3; limiting hole 52 (shown as 5 in the fig); [0037], Lines 1-4) to which at least one fixing hook (Fig. 4; boss/protrusion 35; [0036], Lines 1-4 and [0037], Lines 1-4) formed on the rack gear belt (Fig. 4; guide rails 31, 32, 33; [0036], Lines 1-4) is coupled so that the rack gear belt (Fig. 4; guide rails 31, 32, 33; [0036], Lines 1-4) can be fixed to the rack gear support (Figs. 1-3; flexible connecting plate 4; [0037], Lines 1-4).
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 guide rail and rail surface of the modified device of Nagamitsu with protrusions and holes as taught in Yuan to be able to adjust the rotation angle of the back frame while being smoothly connected (Yuan: [0047], Lines 1-8)
Yuan does not disclose wherein the support core comprises: a gear tooth movement groove formed toward the pinion gear side so that teeth of the pinion gear do not get in contact with the rack gear support;
Youn discloses a massage chair with a rack gear
wherein the support core (Figs. 10-11; auxiliary gear portions 263) comprises:
a gear tooth movement groove (see modified Fig. 11) formed toward the pinion gear side (see modified Fig. 11; grooves formed toward that side where pinion gear 162 rolls) so that teeth of the pinion gear (see Fig. 2; teeth of pinion gear 162) do not get in contact with the rack gear support (Figs. 10-11; auxiliary gear portions 263).
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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 rail surface of Nagamitsu to have grooves as taught in Youn to prevent the teeth of the pinion gear from coming in contact and getting caught in the rail surface.
Regarding claim 4, Nagamitsu further discloses
the massage apparatus (Nagamitsu: massage machine 1) according to claim 3,
wherein the pinion gear (Figs. 7-10; pairs of toothed rotors 22 and 23; [0036], Lines 1-4 and [0037], Lines 1-4) comprises:
a driving shaft insertion groove (see modified Fig. 8 below; holes where lifting shafts 24, 25 go through in gear head; [0035], Lines 1-3; [0036], Lines 1-5; and [0037], Lines 1-5) into which a driving shaft (Figs. 7 and 8; lifting shafts 24, 25; [0035], Lines 1-3; [0036], Lines 1-5; and [0037], Lines 1-5) for transmitting rotation of the actuator (Figs. 7 and 8; movement motor 21 via power transmission unit 30; [0036], Lines 1-5; and [0037], Lines 1-5) is inserted;
a link insertion portion (see modified Fig. 8 below; part of linking shaft that is inserted into rotor and into connection link) inserted into a connection link (see Fig. 7; “lifting shaft 25 extends in the left-right direction and is rotatably supported on the bracket 8a via a bearing (not shown)”; [0037], Lines 1-5); and
a gear head (Figs. 7-10; the wheel part of the pairs of toothed rotors 22 and 23 itself; [0036], Lines 1-4 and [0037], Lines 1-4) extending from the link insertion portion (see modified Fig. 8 below; part of linking shaft that is inserted into rotor) in a longitudinal direction of the driving shaft (Figs. 7 and 8; lifting shafts 24, 25; [0035], Lines 1-3; [0036], Lines 1-5; and [0037], Lines 1-5) and having teeth (Figs. 7-10; plurality of teeth 22a and 23a; [0038], Lines 1-3) formed on at least a portion of the outer circumferential surface thereof (Figs. 7-10; pairs of toothed rotors 22 and 23 have a plurality of teeth on the outside surface of the rotor; [0036], Lines 1-4 and [0037], Lines 1-4).
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Regarding claim 5, Nagamitsu further discloses
the massage apparatus (Nagamitsu: massage machine 1) according to claim 4,
wherein a portion of the gear head (Figs. 7-10; the wheel part of the pairs of toothed rotors 22 and 23 itself; [0036], Lines 1-4 and [0037], Lines 1-4) where the teeth of the pinion gear (Figs. 7-10; plurality of teeth 22a and 23a; [0038], Lines 1-3) are not formed at both sides of the tooth of the pinion gear (Figs. 7-10; the surface surrounding the plurality of teeth 23a on the toothed rotor; [0036], Lines 1-4 and [0037], Lines 1-4) touches a portion of the rack gear belt (Figs. 9 and 10; the surface of the guide rails 31a surrounding the holes; [0042], Lines 1-5 and [0050], Lines 6-10) where at least one hole is not formed (Figs. 9 and 10; the surface of the guide rails 31a surrounding the holes; [0042], Lines 1-5 and [0050], Lines 6-10), and
the pinion gear (Figs. 7-10; pairs of toothed rotors 22 and 23; [0036], Lines 1-4 and [0037], Lines 1-4) is supported from the rack gear belt (Figs. 9 and 10; guide rails 31a; guide rail supports the massage mechanism 8 which comprises the rotors 22, 23; [0048], Lines 1-2).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nagamitsu (JP 2014018464) and its translation (EspaceNet Translation Nagamitsu) in view of Yuan (CN 108703859) and its translation (EspaceNet Translation Yuan) and further in view of Youn (KR 101441847) and Kahn (US 20030212354).
Regarding claim 6, Nagamitsu discloses
the massage apparatus (massage machine 1) according to claim 4,
Nagamitsu does not disclose wherein a portion of the gear head where the teeth of the pinion gear are not formed at both sides of the tooth of the pinion gear is surface- treated to increase a frictional force.
Kahn discloses a method for using an interface material that has a coefficient of friction in a massage apparatus incorporating rollers such as a massage chair ([0042], Lines 1-4 and Lines 8-15).
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 surface of the toothed rotors surrounding the teeth to have a surface/material that has a coefficient of friction as taught in Kahn in order to apply friction strokes and move the roller without sliding or slipping (Kahn: [0009], Lines 5-22 and [0042], Lines 1-4 and Lines 8-15).
It directly follows that the resultant toothed rotor of the Nagamitsu combined with the material/surface that has a coefficient of friction of Kahn would meet the claimed structural limitations since:
wherein a portion of the gear head (Nagamitsu: Figs. 7-10; the wheel part of the pairs of toothed rotors 22 and 23 itself; [0036], Lines 1-4 and [0037], Lines 1-4) where the teeth of the pinion gear (Nagamitsu: Figs. 7-10; plurality of teeth 22a and 23a; [0038], Lines 1-3) are not formed at both sides of the tooth of the pinion gear (Nagamitsu: Figs. 7-10; the surface surrounding the plurality of teeth 23a on the toothed rotor; [0036], Lines 1-4 and [0037], Lines 1-4) is surface- treated to increase a frictional force (Kahn: [0009], Lines 5-22 and [0042], Lines 1-4 and Lines 8-15; having material to increase a coefficient of friction/frictional force to prevent sliding).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nagamitsu (JP 2014018464) and its translation (EspaceNet Translation Nagamitsu) in view of Mathers (US 3389699).
Regarding claim 9, Nagamitsu discloses
the massage apparatus (massage machine) according to claim 1,
Nagamitsu does not disclose wherein the rack gear belt is made of spring steel.
Mathers discloses a roller massage assembly
wherein the rack gear belt (Fig. 10; paired longitudinal flexible members 5-5; Col. 3, Lines 48-55 and Col. 6, Lines 35-40) is made of spring steel (spring steel; Col. 3, Lines 48-55 and Col. 6, Lines 35-40).
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 guide rails of Nagamitsu with the spring steel material of the longitudinal flexible members of Mathers in order to allow the device to flex when body pressure is transmitted and further enhance uniformity of contact pressure exerted (Mathers: Col. 3, Lines 48-55 and Col. 6, Lines 35-40)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nagamitsu (JP 2014018464) and its translation (EspaceNet Translation Nagamitsu) in view of Zhao (CN 110652424) and its translation (EspaceNet Translation Zhao) and further in view of Youn (KR 101441847).
Regarding claim 10, Nagamitsu further discloses
the massage apparatus (massage machine) according to claim 1, further comprising:
a rack gear belt () has a plurality of holes (), is made of a flexible material (“a guide rail 31a made of a flexible plate-like member”; [0042], Lines 1-5), and extends (Figs. 9 and 10; guide rails extend along the seat and back portion; [0041], Lines 1-5 and [0048], Lines 1-6) along the buttock frame (Figs. 9 and 10; seat section/portion 3 of chair body 2; [0021], Lines 4; [0041], Lines 1-5 and [0048], Lines 1-6) and the back frame (Figs. 9 and 10; backrest section/portion 4 of chair body 2; [0041], Lines 1-5 and [0048], Lines 1-6) included in the main frame (Figs. 9 and 10; chair body 2; [0041], Lines 1-5),
the guide roller (Figs. 7-11; guide rollers 26, 27 and 34; [0039], Lines 1-8 and [0051], Lines 4-6) moves the massage module (Figs. 6-11; massage mechanism 8; [0041], Lines 1-5) along the rack gear (Figs. 9 and 10; guide mechanism 9 with guide member 31; [0041], Lines 1-5) by rotation received from the actuator (), and
Nagamitsu does not disclose an additional rack gear belt which is positioned below the rack gear support part; wherein at least a portion of the guide roller is engaged with the additional rack gear belt.
However, simply duplicating an additional guide rail (rack gear belt) below the rail surface (rack gear support part) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention at the time the invention was made. Adding another guide rail would not change how the function of how the invention operates as such a mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP § 2144.04). Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to swap the position of the guide roller and toothed rotor so that the guide roller rolls along the additional gear belt since such a modification would simply involve merely swapping the places of the guide roller and toothed rotor without changing the operation of the device. A rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
Nagamitsu further does not disclose wherein at least a portion of the guide roller has gear teeth to be engaged with the additional rack gear belt.
Zhao discloses a rehabilitation device with a double sided tooth condition rack
wherein at least a portion of the guide roller (Fig. 3; rotating shafts 13, 14; [36] Lines 4-5 and claim 1 on page 18, lines 1-5) has gear teeth (Fig. 3; ring gear 14 with teeth; [36] Lines 4-5 and claim 1 on page 18, lines 1-5) to be engaged with the rack gear belt (Fig. 3; double-sided tooth condition 15; [36] Lines 4-5 and claim 1 on page 18, lines 1-5).
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 guide roller of Nagamitsu to have teeth like the rotating shaft in Zhao in order to be able to better engage and mesh with the additional guide rail in Nagamitsu (Nagamitsu: [0038], Lines 1-5 and Zhao [36], Lines 4-5).
Zhao does not disclose wherein the rack gear support includes a gear tooth movement groove formed toward the guide roller so as not to get in contact with the gear teeth formed on the guide roller.
Youn discloses a massage chair with a rack gear
wherein the support core (Figs. 10-11; auxiliary gear portions 263) comprises:
a gear tooth movement groove (see modified Fig. 11) formed toward the pinion gear side (see modified Fig. 11; grooves formed toward that side where pinion gear 162 rolls) so that teeth of the pinion gear (see Fig. 2; teeth of pinion gear 162) do not get in contact with the rack gear support (Figs. 10-11; auxiliary gear portions 263).
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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 rail surface of Nagamitsu to have grooves as taught in Youn to prevent the teeth of the pinion gear from coming in contact and getting caught in the rail surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lu (CN 106667716) – A deformable multifunctional massage chair that can adjust the angle of the back rest
Wu (US 20200069506) – A sprocket drive mechanism for a massage device with multiple pinion gears rotating into chain link belt
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.
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, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.R.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785