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 .
Status of Claims
The present Office action is responsive to the Remarks and Amendments filed on 08-12-2026. As directed, claims 1 and 3 have been amended, and new claim 21 has been added. Thus, claims 1-3, 7-13, and 15-21 are presently pending examination.
Response to Arguments
Applicant argues that there is sufficient structure recited in the term “reciprocation assembly” to avoid invocation of 35 USC 112f.
Examiner respectfully disagrees. The term “assembly” in and of itself is not a specific structural element. As such, “assembly” is interpreted as a nonce term, and interpretation in light of the specification is necessary to understand the metes and bounds of the claims reciting a/the “reciprocation assembly”.
Applicant’s arguments with respect to claims 1 and 3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
New reliance on Huang (US 7,491,184), which shows a motor mounting assembly complete with mounts, grommets, and a plurality of fasteners (see Fig. 4), is made in the foregoing action to address the amended language of claims 1 and 3.
Claim Objections
Claim 3 is objected to because of the following informalities:
At claim 3, line 12, it is suggested that “the enclosure” be replaced with “an enclosure” as the term has not yet been introduced.
Appropriate correction is required.
Claim Interpretation
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
A “reciprocation assembly” in claims 3 and 16 which is interpreted relative to paragraph 31 and Figure 3 (see reference numeral 126) of Applicant’s specification to include a comprisal of elements that allow for reciprocating movement, to include a piston 480, an applicator head 128, and connecting portion 460, and functional equivalents thereof.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recites sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 non-obviousness.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Mabuchi (US 4,513,737) in view of Mabuchi (US 4,088,128), hereinafter referred to as Mabuchi ‘128, Noble (US 5,716,332), and Huang (US 7,491,184).
Regarding claim 1, Mabuchi discloses a percussive massage device (“beauty treatment device”) (Col. 2, lines 39-41 and 60-62, see “reciprocating”; Figs. 1-2), the device (“beauty treatment device”) comprising:
an enclosure (comprisal of 1, 2, and 5) having a cylindrical bore (see portions 1 and 5 in Figs. 1-2 forming a bore for the internal components), the cylindrical bore extending along a longitudinal axis (Col. 2, lines 42-45, Col. 4, lines 11-15, and Col 4, lines 58-66; see Figs. 1-2);
a piston (4) located within the cylindrical bore (Col. 2, lines 58-63; Col. 4, lines 58-66; Figs. 1-2), the piston (4) having a first end and a second end (see Fig. 1, where the first end is the end of 4 near rod shaft 18, and the second end is the end of 4/4A proximate head 6), the piston (4) constrained to move only along the longitudinal axis of the cylindrical bore (Col. 2, lines 50-52; Figs. 1-2) (Col. 6, line 52-Col. 7, line 7, where 4A of actuator 4 includes an opening 33 and a slot 32A, interpreted as a notch, for connection of pin 32 therein, where 32 traverses an opening in tube 10, which is shown in Fig. 11 as a portion of head 6, such that the head 6 and the actuator can be aligned for use; see Figs. 10-12);
a motor (20) positioned within the enclosure (comprisal of 1, 2, and 5), the motor (20) having a shaft (21) rotatable about a central axis perpendicular to the longitudinal axis of the cylindrical bore (1+5) (Col. 2, lines 42-47; Fig. 1, see annotated version below);
a crank (17) coupled to the shaft (21) (Col. 2, lines 45-50; Figs. 1-2), the crank (17) comprising a pivot (19) offset from the central axis of the shaft (21) (Col. 2, lines 45-50; Figs. 1-2, where the central axis of the shaft is seen in annotated Fig. 1 below, and in Fig. 1, 19 is offset to the left of that axis; Col. 4, lines 58-66);
a reciprocation linkage (3) having a first end and a second end (see Fig. 2, where the first end is the end proximate 19 and 21 on the right side of the figure, and the second end is the portion proximate 4/18 on the left; Col. 2, lines 45-52), the first end of the reciprocation linkage (3) coupled to the shaft (21) (see Fig. 2, where the first end is the end proximate 19 and 21 on the right side of the figure, and the second end is the portion proximate 4/18 on the left; Col. 2, lines 45-52, where 3 is regarded as coupled to shaft 21 by virtue of its connection with disc 17 which directly connects to 21; see Fig. 1), the second end of the reciprocation linkage (3) coupled to the first end of the piston (4) (see Fig. 2, where the first end of 4 connects to the second end of 3; Col. 2, lines 50-52); and
an applicator head (6) having a first end and a second end, the first end of the applicator head (6) coupled to the second end of the piston (4), the second end of the applicator head (6) exposed outside the cylindrical bore (Col. 2, lines 53-62; see Fig. 1 where patter assembly 6 connects to actuator 4 via mechanism 12, and the first end of the head 6 is regarded as the portion of 6 closest to 4, and the second end is proximate cushion member 8; see Fig. 1 for the extension of 8 outside the bore).
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Mabuchi fails to disclose that the device is battery-powered, a counterweight offset from the central axis of the shaft and positioned opposite the pivot, and a motor mounting bracket positioned within the enclosure between the motor and the second end of the reciprocation linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet; a plurality of fasteners to secure the motor mounting bracket to the enclosure.
However, Mabuchi ‘128 teaches a percussive massage device (“beauty treatment device”) (see title and Fig. 1; Col. 3, lines 14-18 for reciprocation), wherein the motor (15) of the device is powered by a battery (Col. 3, lines 29-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, that the device of Mabuchi could reasonably be modified to power the motor using a battery, as taught by Mabuchi ‘128, such that the device could be used in a portable manner, given that the batteries are supplied onboard the device.
Modified Mabuchi fails to disclose a counterweight offset from the central axis of the shaft and positioned opposite the pivot, and a motor mounting bracket positioned within the enclosure between the motor and the second end of the reciprocation linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet; a plurality of fasteners to secure the motor mounting bracket to the enclosure.
However, Noble teaches a body massager with reciprocal motion, wherein a counterweight (68) is provided offset from a central axis (B) of a shaft (58) in order to reduce undesirable vibrations when the motor is running (Col. 3, lines 5-10; Col. 4, lines 19-24, and 40-49; Fig. 3).
Given that the counterweight of Noble’s device is positioned at a side adjacent to the motor (54) (see Fig, 3), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of modified Mabuchi to include a counterweight offset from the central axis of the shaft and positioned opposite the pivot (i.e. by positioning the counterweight of Noble on the underside of 17 closer to motor 20, thus positioning the counterweight on an opposite side of 17 as compared to pivot 19), as taught by Noble, in order to reduce undesirable vibrations when the motor is running.
Further modified Mabuchi fails to disclose a motor mounting bracket positioned within the enclosure between the motor and the second end of the reciprocation linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet; a plurality of fasteners to secure the motor mounting bracket to the enclosure.
However, Huang teaches a percussive massager (10) (Col. 2, lines 62-64; Fig. 1) comprising a motor (30), an enclosure (12), and a reciprocation linkage (50) (Col. 2, lines 66-67; Col. 3, lines 33-36 and 59-66; Figs. 4-5), and further including:
a motor mounting bracket (32) positioned within the enclosure (12) between the motor and the second end of the reciprocation linkage (50, where the second end is the end more closely attached to members 72) (Col. 3, lines 28-36; Figs. 4-5);
wherein the motor mounting bracket (32) includes a plurality of mounts to secure the motor mounting bracket (32) to the enclosure (12), each mount including a respective grommet (see annotated Fig. 4 below, where each side of the bracket 32 includes a plurality of mounts that include apertures constituting the grommets for insertion of a screw fastener therein); and
a plurality of fasteners to secure the motor mounting bracket (32) to the enclosure (12) (see annotated Fig. 4 below, where each side of the bracket 32 includes a plurality of mounts that include apertures constituting the grommets for insertion of a screw fastener therein; note the fasteners shown in Fig. 5 as well) in order to fix the motor in place and separate the motor from the massage surface (Col. 3, lines 33-36).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Mabuchi to further include a motor mounting bracket positioned within the enclosure between the motor and the second end of the reciprocation linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet, and a plurality of fasteners to secure the motor mounting bracket to the enclosure, as taught by Huang, in order to fix the motor in place and separate the motor from the massage surface.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mabuchi (US 4,513,737) in view of Mabuchi (US 4,088,128), hereinafter referred to as Mabuchi ‘128, Noble (US 5,716,332), and Huang (US 7,491,184), as applied to claim 1 above, in further view of Wersland (US 2019/0209424).
Regarding claim 2, Mabuchi in view of Mabuchi ‘128, Noble, and Huang dsiclose the device of claim 1, as discussed above.
Modified Mabuchi fails to disclose wherein the device includes an actuator, wherein the actuator is manually operated.
However, Wersland teaches a percussive massage device (100) further comprising an actuator (104), wherein the actuator (104) is manually operated for powering the device on and off as desired (paragraph 46, lines 1-16 and paragraph 47, lines 1-5, see “user releasing” for manual activation of switch 104).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of modified Mabuchi to further include an actuator, wherein the actuator is manually operated, as taught by Wersland, in order to power the device on and off as desired.
Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mabuchi (US 4,513,737) in view of Noble (US 5,716,332) and Huang (US 7,491,184).
Regarding claim 3, Mabuchi discloses a method of operating a percussive massage device (“beauty treatment device”) (Col. 2, lines 42-62; Figs. 1-2) comprising:
rotating a shaft (21) of an electric motor (20) to rotate a crank (17) about a central axis of the shaft (21) (Col. 2, lines 42-50; Figs. 1-2, where the central axis of the shaft is seen in annotated Fig. 1 below; Col. 4, lines 61-66), the crank (17) comprising a pivot (19) offset from the central axis of the shaft (21) (Col. 2, lines 45-50; Figs. 1-2, where the central axis of the shaft is seen in annotated Fig. 1 below, and in Fig. 1, 19 is offset to the left of that axis; Col. 4, lines 58-66);
coupling the electric motor (20) to a first end of an interconnection linkage (3) of a reciprocation assembly (comprisal of 3, 4, and 6) (see Fig. 2, where the first end is the end proximate 19 and 21 on the right side of the figure, and the second end is the portion proximate 4/18 on the left; Col. 2, lines 45-52, where 3 is regarded as coupled to shaft 21 by virtue of its connection with disc 17 which directly connects to 21 of motor 20; see Fig. 1);
coupling a second end of the interconnection linkage (3) to a first end of a piston (4) constrained to move along a longitudinal centerline, the central axis being perpendicular to the longitudinal centerline (see Fig. 1, where the first end is the end of 4 near rod shaft 18, and the second end is the end of 4/4A proximate head 6, and see Fig. 2, where the first end of 4 connects to the second end of 3; Col. 2, lines 50-52, and the longitudinal centerline in Fig. 1 extends right/left along enclosure parts 1 and 5, and the central axis of the shaft is oriented up/down perpendicularly to the longitudinal centerline);
coupling a second end of the piston (4) to the applicator head (6) wherein rotational movement of the shaft (21) of the electric motor (20) causes reciprocating longitudinal movement of the piston (4) and the applicator head (6) (see Fig. 1, where the first end is the end of 4 near rod shaft 18, and the second end is the end of 4/4A proximate head 6, and where patter assembly 6 connects to actuator 4 via mechanism 12; Col. 2, line 53-Col. 3, line 2; Col. 3, lines 31-38).
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Mabuchi fails to disclose a counterweight offset from the central axis of the shaft and positioned opposite the pivot, and positioning a motor mounting bracket between the motor and the second end of the interconnection linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet, and securing the motor mounting bracket to the enclosure with a plurality of fasteners.
However, Noble teaches a body massager with reciprocal motion, wherein a counterweight (68) is provided offset from a central axis (B) of a shaft (58) in order to reduce undesirable vibrations when the motor is running (Col. 3, lines 5-10; Col. 4, lines 19-24, and 40-49; Fig. 3).
Given that the counterweight of Noble’s device is positioned at a side adjacent to the motor (54) (see Fig, 3), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of modified Mabuchi to include a counterweight offset from the central axis of the shaft and positioned opposite the pivot (i.e. by positioning the counterweight of Noble on the underside of 17 closer to motor 20, thus positioning the counterweight on an opposite side of 17 as compared to pivot 19), as taught by Noble, in order to reduce undesirable vibrations when the motor is running.
Modified Mabuchi fails to disclose positioning a motor mounting bracket between the motor and the second end of the interconnection linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet, and securing the motor mounting bracket to the enclosure with a plurality of fasteners.
However, Huang teaches a percussive massager (10) (Col. 2, lines 62-64; Fig. 1) comprising a motor (30), an enclosure (12), and an interconnection linkage (50) (Col. 2, lines 66-67; Col. 3, lines 33-36 and 59-66; Figs. 4-5), and further including:
a motor mounting bracket (32) positioned within the enclosure (12) between the electric motor and the second end of the interconnection linkage (50, where the second end is the end more closely attached to members 72) (Col. 3, lines 28-36; Figs. 4-5);
wherein the motor mounting bracket (32) includes a plurality of mounts to secure the motor mounting bracket (32) to the enclosure (12), each mount including a respective grommet (see annotated Fig. 4 below, where each side of the bracket 32 includes a plurality of mounts that include apertures constituting the grommets for insertion of a screw fastener therein); and
securing the motor mounting bracket (32) to the enclosure (12) with a plurality of fasteners (see annotated Fig. 4 below, where each side of the bracket 32 includes a plurality of mounts that include apertures constituting the grommets for insertion of a screw fastener therein; note the fasteners shown in Fig. 5 as well) in order to fix the motor in place and separate the motor from the massage surface (Col. 3, lines 33-36).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Mabuchi to further include a motor mounting bracket positioned within the enclosure between the motor and the second end of the reciprocation linkage, wherein the motor mounting bracket includes a plurality of mounts to secure the motor mounting bracket to the enclosure, each mount including a respective grommet, and a plurality of fasteners to secure the motor mounting bracket to the enclosure, as taught by Huang, in order to fix the motor in place and separate the motor from the massage surface.
Regarding claim 17, Mabuchi in view of Noble and Huang disclose the method of claim 3, as discussed above.
Mabuchi further discloses wherein rotating the pivot (19) of the crank (17) causes movement of the piston (4) (Col. 2, lines 45-62; Figs. 1-2, where the central axis of the shaft is seen in annotated Fig. 1 above, and in Fig. 1, 19 is offset to the left of that axis; Col. 4, lines 61-66; Col. 5, lines 23-32).
Allowable Subject Matter
Claims 7-13, 15-16, and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7-13 and 15-20 in regards to the art that has been cited and identified, the particular combination of the shaft, bore, crank, pivot, and pinion gear are not present alongside the claimed reciprocation/interconnection linkage of claims 1 and 3. In addition, the combination of a pinion directly coupled to the claimed reciprocation/interconnection linkage alongside the combination of the motor, shaft, and piston has not been identified. Therefore, these claims are understood to patentably distinguish over the prior art.
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 PAIGE BUGG whose telephone number is (571)272-8053. The examiner can normally be reached Monday-Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
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