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 .
Response to Amendment
The amendment filed 09/15/2025 has been entered. Claims 1-3 and 6-10 remain pending in the application.
Response to Arguments
Applicant's arguments filed 09/15/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to amended claim 1 have been considered but are moot because the new ground of rejection does not rely exclusively on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please see below for the updated rejection over He in view of Giguere as applied to the changed scope of claim 1 requiring the vibration-guiding body being suspended in the space inside the first and second housing, the eccentric wheel mounted at the opposite end of the motor, and the motor and the eccentric wheel housed entirely inside he mounting cavity.
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.
Claims 1-3 and 9 are rejected under 35 U.S.C. 103 as unpatentable over He (US 11369545), hereafter He, in view of Giguere (US 2008/0058686 A1), hereafter Giguere.
Regarding claim 1, He teaches a massage device having a vibration function (fig. 1 and col. 5, lines 6-19, the member 4 swings back and forth rapidly, vibration is the continuous movement rapidly to and fro), characterized by comprising: a first housing (fig. 2, 111) , a second housing (Fig. 2, 112), a decorative cover (fig. 1 and 3, bottom cover located at the bottom of the device opposite tongue 6 and having a wavy design), and a control panel (fig. 2, 16; see col. 5, lines 4-5), wherein the first housing is detachably connected to the second housing (see fig. 2 and col. 5, lines 40-44, the first and second housing connect with one another), the decorative cover is respectively clamped with and fixed to the first housing and the second housing (see annotated fig. 3 below showing how the cover is clamped to the housings), a vibration-guiding assembly (fig. 4, assembly 2 that guides the movement of massage piece 71+6) is mounted to the first housing and the second housing (see figs. 2 and 3 and col. 7, lines 27-35, the assembly is mounted to the first and second housing), the vibration-guiding assembly is connected to a massage piece (fig. 3, the motor is connected to piece 71+6), the massage piece is a massage pen or a massage tongue (fig. 3, the piece 71+6 is a massage tongue), a battery (fig. 3, 15) for supplying electric energy to the vibration-guiding assembly (see col. 8, lines 44-49) is mounted within the first housing and the second housing (see fig. 3, battery mounted within the housings), the battery is electrically connected to the control panel (see col. 8, lines 44-49), and a massage casing (fig. 3, casing 12) is sleeved on an outer side of the first housing and the second housing (see fig. 3 and col. 4, lines 63-66, the soft shell 12 is tightly fixed to the first and second housing as shown in fig. 3),
the vibration-guiding assembly comprises a vibration-guiding piece (figs. 3 and 5, guiding piece 5) clamped with the massage piece (see figs. 4 and 5, the guiding piece 5 clamps with element 71 of the massage piece), and a driving motor (fig. 3, motor 3+4) and a vibration-guiding eccentric wheel (fig. 5, eccentric wheel 40; see col. 6, lines 5-10) are mounted in the vibration-guiding piece (see figs. 4-5);
the vibration-guiding piece (fig. 5, 5) comprises a vibration-guiding shaft (Fig. 5, shaft above piece 50), and the driving motor is fixedly mounted within the mounting cavity (see figs. 2 and 8, the part 4 of the motor is fixedly mounted within the cavity 543. The shaft moves within the mounting cavity but when assembled it is fixedly mounted within the cavity), the vibration-guiding shaft passes through the massage casing and is clamped with the massage piece (see figs.2 and 3, the vibration-guiding shaft extends out through the casing to connect to the massage piece 71+6), the vibration-guiding eccentric wheel is mounted at an end of the driving motor (fig. 5 shows 40 mounted on the end of motor 3).
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Annotated fig. 3 of He
However, He is silent on a vibration-guiding body (fig. 5, piece 50) having a mounting cavity (fig. 6, cavity 543), the vibration-guiding eccentric wheel being mounted at an end of the driving motor opposite to the vibration-guiding shaft, the vibration-guiding body is suspended in a space formed by the first housing and the second housing, and the driving motor and the vibration-guiding eccentric wheel are both entirely housed inside the mounting cavity.
Giguere teaches a massaging device (fig. 2, abstract) which uses a vibration-guiding body (fig. 2, motor casing 36 [0032]) having a mounting cavity (fig. 2, the cavity within 36 is shown housing various components including motor 32 [0032]), the vibration-guiding body is suspended in a space formed by housing (fig. 2, 36 is suspended, i.e. fixed at one end and free on its remaining sides, Merriam-Webster; so as to be spaced away from the walls of the casing 18 [0032]), and the driving motor (fig. 2, 32 [0032]) and a vibration-guiding eccentric wheel (fig. 2, 34 [0032]) are both housed entirely inside the mounting cavity (fig. 2 shows both structures 32 and 34 enclosed within casing 36).
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 structure of He to include a vibration-guiding body in the form of a motor casing, suspended in a space within the first and second housing, including mounting the eccentric wheel at the opposite end of the motor, such that the driving motor and the vibration-guiding eccentric wheel are both entirely housed inside the mounting cavity in order to reduce the amount of vibrations that are transferred to the housing and into the external environment (Giguere [0032]).
Regarding claim 2, He further teaches the control panel is provided with a first key and a second key (see fig. 2, control panel 16 has 2 keys as shown; see also fig. 1 showing the outer casing covering the keys and having key cover 13).
Regarding claim 3, He further teaches in that a first mark and a second mark are successively provided on the massage casing (see fig. 1 and 2, first marking above first key and second marking above second key provided in the casing 12), the first mark corresponding to the first key, and the second mark corresponding to the second key (see figs 2 and 3, the respective markings are above the respective keys).
Regarding claim 9, He further teaches that a first positioning hole is provided on the first housing body, a second positioning hole opposite to the first positioning hole is provided on the second housing body (see annotated fig. 3 below; a hole is a hollow place in a solid surface and He has such a structure in the casing), a first positioning table and a second positioning table are provided in the massage casing (see annotated fig. 3 below), the first positioning table is inserted into and mated with the first positioning hole, and the second positioning table is inserted into and mated with the second positioning hole (see annotated fig. 3 below, applicant’s “table” appears to describe a flat piece of the casing the protrudes into the hole [see fig. 5 of applicant’s disclosure]. He teaches a flat piece of the casing that fits into the positioning holes).
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Annotated fig. 3 of He
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over He and Giguere, further in view of Kalz (US PGPub 20230285224).
Regarding claim 6, He teaches all previous elements of the claim as stated above but does not teach that the vibration-guiding piece is sleeved with a vibration-absorbing casing, the first housing is provided with a first accommodating groove, the second housing is provided with a second accommodating groove corresponding to the first accommodating groove, and the first accommodating groove and the second accommodating groove are used for wrapping the vibration-absorbing casing.
However, Kalz teaches an analogous vibratory massage device (abstract and fig. 1) wherein the vibration generating piece (fig. 6, 56; see paragraph 71) is sleeved with a vibration-absorbing casing (see fig. 6, sleeve 72; see paragraph 71).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the vibration-guiding piece of He to have a vibration-absorbing casing, as taught by Kalz, for the purpose of dampening the vibrations so the user does not feel them as intensely when holding the device. It would also prevent excessive vibration to the internal components of the device.
He, as modified by Kalz, further teaches the first housing is provided with a first accommodating groove, the second housing is provided with a second accommodating groove corresponding to the first accommodating groove (see annotated fig. 2 below), and the first accommodating groove and the second accommodating groove are used for wrapping the vibration-absorbing casing (see fig. 3, the grooves surround the vibration guiding piece 5 which has been modified to have the vibration-absorbing casing, thus the accommodating grooves wrap around the vibration-absorbing casing).
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Annotated fig. 2 of He showing grooves
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over He and Giguere, further in view of Zhou et al. (US 11007110).
Regarding claim 7, He teaches all previous elements of the claim as stated above but does not teach a charging base on which a charging post for charging the massage device is mounted.
However, Zhou teaches an analogous massage device (abstract and fig. 1) comprising a charging base (see annotated fig. 3 below) on which a charging post for charging the massage device is mounted (see fig. 3 and col. 9, lines 56-63, charging pins 16 are mounted on the charging base).
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Annotated fig. 3 of Zhou
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the device of He to have a charging base on which a charging post is mounted in order to charge the device easily using a known structure.
Regarding claim 8, He, as modified by Zhou, further teaches that one end of the charging base is embedded in the first housing, and the other end of the charging base is embedded in the second housing (see annotated fig. 3 of Zhou and figs. 2 and 3 of He, the charging base spans the lateral width of the bottom of the device, embedding in both the first housing 111 and second housing 112).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over He and Giguere, further in view of Dirk (DE10201618239).
Regarding claim 10, He teaches all previous elements of the claim as stated above and further teaches a first mounting post having a threaded hole is provided in the first housing (see annotated fig. 2 below). He does not teach explicitly that the hole is a threaded hole and a second mounting hole corresponding to the first mounting post is provided on the second housing, and the first housing and the second housing are fixedly connected by a screw.
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Annotated fig. 2 of He
However, Dirk teaches an analogous massage device (abstract and fig. 1) wherein two housing components (fig. 4, 42 and 52) are fixedly connected by a screw (see fig. 5 and paragraph 39 of the translation).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the first housing and second housing of He to be fixedly connected by a screw, as taught by Dirk, for the purpose of firmly connecting the housing parts together which is important to provide good vibration transmission (see paragraph 39 of Dirk). He, as modified by Dirk, teaches that the hole is a threaded hole (to receive the threads of the screw) and a second mounting hole corresponding to the first mounting post is provided on the second housing (to be able to be connected via screw there is a second hole in the second housing that corresponds to the first mounting post so the screw can pass through both mounting holes and connect the two housings).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shen (US PGPub 20200046598), Caropelo et al. (US PGPub 20150164738), Chen (US 11259987), and He (US 11491078).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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