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
This Office Action is in response to an amendment filed on 9/22/2025. As directed by the amendment, claim 2 was canceled, claims 1, 3-6, 8, and 10-18 were amended, and no new claims were added. Thus, claims 1 and 3-18 are pending for this application.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calvert (US 2003/0158505).
Regarding claim 1, Calvert discloses (Fig. 4-5) a massage device comprising:
a motor (motor 30);
a first eccentric shaft (shaft extending from left wheel 36) disposed at a first eccentric position separated by a first predetermined distance from a first end of a drive shaft of the motor (see Fig. 5) and configured to rotate about the drive shaft by an operation of the motor (paragraph [0029]);
a first striking unit (left stud 46) connected to the first eccentric shaft via a first slide shaft (left connecting pole 40), the first slide shaft being connected to the first eccentric shaft and configured to linearly move according to rotation of the first eccentric shaft (paragraph [0026])
a second eccentric shaft (shaft extending from right wheel 36) disposed at a second eccentric position separated by a second predetermined distance from a second end of the drive shaft of the motor (see Fig. 5) and configured to rotate about the drive shaft by the operation of the motor (paragraph [0029]); and
a second striking unit (right stud 46) connected to the second eccentric shaft via a second slide shaft (right connecting pole 40), the second slide shaft being connected to the second eccentric shaft and configured to linearly move according to rotation of the second eccentric shaft (paragraph [0026]), wherein a first position of the first eccentric shaft relative to the drive shaft is kept different from a second position of the second eccentric shaft relative to the drive shaft (“asynchronous”, paragraphs [0026] and [0029]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 200323777) in view of Calvert (US 2003/0158505).
Regarding claim 1, Lee discloses (Fig. 1-4) a massage device comprising:
a motor (motor 70);
a first eccentric shaft (shaft P of rotation disk 71) disposed at a first eccentric position separated by a first predetermined distance from a first end of a drive shaft of the motor (see Fig. 3-4) and configured to rotate about the drive shaft by an operation of the motor (paragraph [0044]);
a first striking unit (massage plate 40, having massage protrusions 50 thereon) connected to the first eccentric shaft via a first slide shaft (connecting rod 45), the first slide shaft being connected to the first eccentric shaft and configured to linearly move according to rotation of the first eccentric shaft (paragraph [0044]).
Lee’s motor is a single shaft rotary type and not a bidirectional shaft rotary type, and thus does not disclose a second eccentric shaft disposed at a second eccentric position separated by a second predetermined distance from a second end of the drive shaft of the motor and configured to rotate about the drive shaft by the operation of the motor; and
a second striking unit connected to the second eccentric shaft via a second slide shaft, the second slide shaft being connected to the second eccentric shaft and configured to linearly move according to rotation of the second eccentric shaft, wherein a first position of the first eccentric shaft relative to the drive shaft is kept different from a second position of the second eccentric shaft relative to the drive shaft.
However, Calvert teaches (Fig. 4-5) a massager with a biaxial motor (motor 30 having shaft 34, dividing into right and left shafts) for alternately driving (paragraph [0025]) a pair of striking units (studs 46) via a pair of eccentric shafts (shafts extending from wheels 36, paragraph [0026]).
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 massage device of Lee such that the motor is biaxial so that the device includes second eccentric shaft disposed at a second eccentric position separated by a second predetermined distance from a second end of the drive shaft of the motor and configured to rotate about the drive shaft by the operation of the motor; and a second striking unit connected to the second eccentric shaft via a second slide shaft, the second slide shaft being connected to the second eccentric shaft and configured to linearly move according to rotation of the second eccentric shaft, wherein a first position of the first eccentric shaft relative to the drive shaft is kept different from a second position of the second eccentric shaft relative to the drive shaft, as taught by Calvert, for the purpose of providing an alternating massage function so that left and right sides of a body part of a user can be massaged asynchronously (paragraph [0029]), thereby improving patient outcome. Furthermore, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 3, modified Lee discloses a tubular part (connecting rod 90 that point P is inserted into, see Fig. 3-4 Lee) into which each eccentric shaft is inserted and fixed (paragraph [0040] Lee), wherein each slide shaft is coupled to the tubular part (via screws, as shown in Fig. 3-4 Lee).
Regarding claim 5, modified Lee discloses wherein the tubular part includes coupling portions (planar portions of connecting rod 90 Lee) which are on a circumference of the tubular part (planar portions of rod 90 shown to be on a circumference of rod 90 as shown in Fig. 3-4 Lee), and the coupling portions couple each slide shaft through a pin member (planar portions have holes that receive screws, and these screws interconnect the planar portions of rod 90 with slide shaft 45, as shown in Fig. 3-4 Lee).
Regarding claim 6, modified Lee discloses a guide (guide frame 30) configured to guide movement of the slide shaft (paragraph [0029]), wherein each guide surrounds the slide shaft (see Fig. 3 Lee).
Regarding claim 7, modified Lee discloses wherein the guide is a linear bushing (guide 30 is planar and forms function of a bushing (allows for linear motion therethrough), and thus is a linear bushing).
Regarding claim 8, modified Lee discloses the device further comprising: a housing (case 10 of Lee) configured to accommodate the motor and fixed with respect to the driving device (paragraph [0040]).
Regarding claim 9, modified Lee discloses the device further comprising: a fixture (screw or bolt mounted between housing 10 and guide frame 30, paragraph [0044] Lee) mounted to the housing, wherein the guide is fixed by the fixture (paragraph [0044]).
Regarding claim 10, modified Lee discloses wherein a damping member (elastic body 200) configured to damp vibration or noise of the motor is arranged in the housing (performs damping by proving shock absorbing function, paragraph [0045]-[0046] Lee).
Regarding claim 11, modified Lee discloses the striking device is a flat plate shape or a spherical shape (striking device 40 is plate shaped as shown in Fig. 3-4 Lee).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 200323777) in view of Calvert (US 2003/0158505) and further in view of Wang (US 2022/0183926).
Regarding claim 4, modified Lee discloses a tubular part (tubular portion of connecting rod 90 that point P is inserted into, see Fig. 3-4 Lee) into which the eccentric shaft is inserted and fixed, but does not disclose wherein a bearing is disposed between tubular part and the eccentric shaft.
However, Wang teaches (Fig. 1-2) a massage device including tubular part (connection ring 48) into which an eccentric shaft (rotating connecting portion 54) is inserted and fixed (paragraph [0037] and Fig. 2), wherein a bearing (“first bearing”, paragraph [0037]) is disposed between tubular part and the eccentric shaft (paragraph [0037]).
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 massage device of modified Lee to bearing is disposed between tubular part and the eccentric shaft, as taught by Wang, for the purpose of improving stability rotation and reducing a loss caused by friction (paragraph [0037] Wang).
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 200323777) in view of Calvert (US 2003/0158505) and further in view of Nazarian (US 2020/0352820).
Regarding claim 12, modified Lee discloses the driving device is a motor (paragraph [0023] Lee) but does not disclose the motor is a brushless direct current motor.
However, Nazarian teaches (Fig. 1-19) a massage device that uses a brushless DC motor (motor 713, in the form of a brushless direct current motor, paragraph [0073]) that converts rotational motion of the motor to linear reciprocating motion (paragraph [0073]).
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 motor of modified Lee to be a brushless DC motor, as taught by Nazarian, for the purpose of providing a safe, reliable and efficient motor of providing a safe and reliable type of motor for repeatedly driving a reciprocating member that is quieter in operation than other motors (paragraph [0024 Nazarian).
Claim 13 is/are rejected under 35 U.S.C. 103 as being unpatentable Lee (KR 200323777) in view of Calvert (US 2003/0158505) and further in view of Huang (US 2002/0183668).
Regarding claim 13, modified Lee does not disclose the massage device further comprises a power device configured to supply power to the driving device; and a controller configured to control power supply of the power device and a rotation speed of the driving device on the basis of an input from a user.
However, Huang teaches (Fig. 1-5) a massage device comprising power device configured to supply power to the driving device (Huang discloses a power switch 101 to turn power on or off, paragraph [0019], and therefore while Huang does not explicitly state there is a power device, a power device to supply power to the driving device is inherent to the disclosure of Huang); and a controller (PCB 15) configured to control power supply of the power device (via power switch 101, paragraph [0019]) and a rotation speed of the driving device (button 102 to control motor speed, paragraph [0019]) on the basis of an input from a user (user’s pressing of button interpreted as user input, paragraph [0019]).
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 massage device of modified Lee to include a power device configured to supply power to the driving device; and a controller configured to control power supply of the power device and a rotation speed of the driving device on the basis of an input from a user, as taught and suggested by Huang, for the purpose allowing for control of device according to user preferences and to allow for the device to be powered by electricity, which is a reliable and easily controller power source.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yetkuri (US 2021/0016686) in view of Calvert (US 2003/0158505) and Kim (US 2023/0191954).
Regarding claim 14, Yetkuri discloses (Figs. 1-2) a massage device mounted in a seat of a vehicle, the massage device comprising a massager (massager 62, located in seat back, paragraph [0020]), and a controller (ECU 40) configured to supply power and control the massager (paragraph [0020]).
Yetkuri does not disclose the massage device comprising a motor; a first eccentric shaft disposed at a first eccentric position separated by a first predetermined distance from a first end of a drive shaft of the motor and configured to rotate about the drive shaft by an operation of the motor;a first striking unit connected to the first eccentric shaft via a first slide shaft, the first slide shaft being connected to the first eccentric shaft and configured to linearly move according to rotation of the first eccentric shaft;a second eccentric shaft disposed at a second eccentric position separated by a second predetermined distance from a second end of the drive shaft of the motor and configured to rotate about the drive shaft by the operation of the motor; and a second striking unit connected to the second eccentric shaft via a second slide shaft, the second slide shaft being connected to the second eccentric shaft and configured to linearly move according to rotation of the second eccentric shaft, wherein a first position of the first eccentric shaft relative to the drive shaft is kept different from a second position of the second eccentric shaft relative to the drive shaft.
However, Calvert teaches (Fig. 4-5) a massage device comprising:
a motor (motor 30);
a first eccentric shaft (shaft extending from left wheel 36) disposed at a first eccentric position separated by a first predetermined distance from a first end of a drive shaft of the motor (see Fig. 5) and configured to rotate about the drive shaft by an operation of the motor (paragraph [0029]);
a first striking unit (left stud 46) connected to the first eccentric shaft via a first slide shaft (left connecting pole 40), the first slide shaft being connected to the first eccentric shaft and configured to linearly move according to rotation of the first eccentric shaft (paragraph [0026])
a second eccentric shaft (shaft extending from right wheel 36) disposed at a second eccentric position separated by a second predetermined distance from a second end of the drive shaft of the motor (see Fig. 5) and configured to rotate about the drive shaft by the operation of the motor (paragraph [0029]); and
a second striking unit (right stud 46) connected to the second eccentric shaft via a second slide shaft (right connecting pole 40), the second slide shaft being connected to the second eccentric shaft and configured to linearly move according to rotation of the second eccentric shaft (paragraph [0026]), wherein a first position of the first eccentric shaft relative to the drive shaft is kept different from a second position of the second eccentric shaft relative to the drive shaft (“asynchronous”, paragraphs [0026] and [0029]).
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 massage device of Yetkuri such that the massage device comprising a motor; a first eccentric shaft disposed at a first eccentric position separated by a first predetermined distance from a first end of a drive shaft of the motor and configured to rotate about the drive shaft by an operation of the motor; a first striking unit connected to the first eccentric shaft via a first slide shaft, the first slide shaft being connected to the first eccentric shaft and configured to linearly move according to rotation of the first eccentric shaft; a second eccentric shaft disposed at a second eccentric position separated by a second predetermined distance from a second end of the drive shaft of the motor and configured to rotate about the drive shaft by the operation of the motor; and a second striking unit connected to the second eccentric shaft via a second slide shaft, the second slide shaft being connected to the second eccentric shaft and configured to linearly move according to rotation of the second eccentric shaft, wherein a first position of the first eccentric shaft relative to the drive shaft is kept different from a second position of the second eccentric shaft relative to the drive shaft, as taught by Calvert, for the purpose of providing an alternating massage function so that left and right sides of a body part of a user can be massaged asynchronously (paragraph [0029]), thereby improving patient outcome.
Yetkuri discloses a controller for controller massager, and Calvert discloses the speed of the massager is adjustable (see claim 3 Calvert), but modified Yetkuri does not disclose the controller is configured to supply power to the motor; and control a rotation speed of the motor on the basis of based on an input from a user or collected vehicle speed information of the vehicle.
However, Kim teaches (Fig. 1-10) a vehicle massage system comprising a striking device (haptic device that provides massage effect, paragraph [0064]) and a controller (processor 270) wherein the controller is configured to supply power to the motor (paragraph [0064]) and control of the of the striking device is on the basis of collected vehicle speed information of the vehicle (haptic device is not activated when vehicle is determined to be stopped, and thus on the basis of vehicle speed information (speed is zero when stopped), and activated when vehicle is in driving state and seat posture is a low speed or accelerated posture, paragraph [0064]).
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 controller of modified Yetkuri to be configured to control the motor speed on the basis of an input from a user or collected vehicle speed information of the vehicle, as taught by Kim, for the purpose of allowing the motor to be activated only when necessary (i.e. when vehicle is not moving, driver is not in need of a massage and therefore only on when user would need it) (paragraph [0064] Kim).
Regarding claim 15, modified Yetkuri discloses wherein the controller is configured to drive the driving device at a rotation speed preset according to the collected vehicle speed information (controller drives driving device at a speed greater than zero when it is determined that vehicle speed is greater than zero (not stopped) and seat posture is in driving state and seat posture is a low speed or accelerated posture. Paragraph [0064] Kim).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yetkuri (US 2021/0016686) in view of Calvert (US 2003/0158505) and Kim (US 2023/0191954), and further in view of Furitani (US 2020/0405568).
Regarding claim 16, modified Yetkuri discloses the massage device is mounted to a seat back (see Fig. 1 Yetkuri), but does not disclose the massage device is mounted to a seat back frame that comprises: a pair of side members; an upper cross member connecting upper ends of the pair of side members; and a lower cross member connecting lower ends of the pair of side members, and wherein the massage device is mounted to the upper cross member or the lower cross member.
However, Furitani teaches (Fig. 1-4) a massage device (treatment unit 1021) mounted to a seat back frame that comprises: a pair of side members (plate portions 11L and 11R); an upper cross member (bridge portion 12) connecting upper ends of the pair of side members and a lower cross member (lower coupling portion 23) connecting lower ends of the pair of side members, and wherein the massage device is mounted to the upper cross member or the lower cross member (mounted treatment unit 1021 is mounted to lower cross member 23 when at lowest point of guide rail 211L,211R, see Fig. 4).
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 massage device and seat back of modified Yetkuri such that the massage device is mounted to a seat back frame that comprises: a pair of side members; an upper cross member connecting upper ends of the pair of side members; and a lower cross member connecting lower ends of the pair of side members, and wherein the massage device is mounted to the upper cross member or the lower cross member, as taught by Furitani, for the purpose of allowing the massage device to me movable to a different locations along the seat back so that user’s specific areas of needs to be massaged can be treated accordingly.
Regarding claim 17, modified Yetukri discloses the massage device is mounted to a seat back (see Fig. 1 Yetkuri), but does not disclose the massage device is mounted to a seat back frame that comprises: a pair of side members; an upper cross member connecting upper ends of the pair of side members; and a lower cross member connecting lower ends of the pair of side members, and wherein the massage device is mounted to the upper cross member or the lower cross member and a middle cross pipe connecting middle portions of the pair of side members, and wherein the massage device is mounted to be movable between the middle cross pipe and the lower cross member.
However, Furitani teaches (Fig. 1-4) a massage device (treatment unit 1021) mounted to a seat back frame that comprises: a pair of side members (plate portions 11L and 11R); an upper cross member (bridge portion 12) connecting upper ends of the pair of side members and a lower cross member (lower coupling portion 23) connecting lower ends of the pair of side members, and wherein the massage device is mounted to the upper cross member or the lower cross member (mounted treatment unit 1021 is mounted to lower cross member 23 when at lowest point of guide rail 211L,211R, see Fig. 4), and a middle cross pipe (bridge portion 24) connecting middle portions of the pair of side members (see Fig. 3-4), and wherein the massage device is mounted to be movable between the middle cross pipe and the lower cross member (movable between middle cross pipe and lower cross member when the massage device 1021 translates in the region between these portions).
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 massage device and seat back of modified Yetkuri such that the massage device is mounted to a seat back frame that comprises: a pair of side members; an upper cross member connecting upper ends of the pair of side members; and a lower cross member connecting lower ends of the pair of side members, and wherein the massage device is mounted to the upper cross member or the lower cross member and a middle cross pipe connecting middle portions of the pair of side members, and wherein the massage device is mounted to be movable between the middle cross pipe and the lower cross member, as taught by Furitani, for the purpose of allowing the massage device to me movable to a different locations along the seat back so that user’s specific areas of needs to be massaged can be treated accordingly.
Regarding claim 18, modified Ros discloses wherein the massage device is movably mounted between the middle cross pipe and the lower cross member by a suspension device or brackets (suspension device in the form of left and right upright members 21L and 21R, which suspend the massage device 1021 above the seat portion of massage chair).
Response to Arguments
Applicant’s arguments filed 9/22/2025 have been fully considered.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection relies on one or more new references not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached at 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/JUSTINE R YU/Supervisory Patent Examiner, Art Unit 3785