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 in the Request for Continued Examination of 10-28-2025. As directed, claims 1, 3, 7, 9, and 15-20 have been amended, claims 4-6 and 14 have been canceled, and no new claims have been added. Thus, claims 1-3, 7-13, and 15-20 are currently pending examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10-28-2025 has been entered.
Response to Amendment
Applicant has eliminated the claim term “alignment indicia” from the claims, thus obviating the previous objection to the specification on the basis of lacking antecedent basis. The previously held objection to the specification is hereby withdrawn.
Applicant has amended each of claims 15-16, 18, and 20 to address minor informalities. The previously held claim objections are hereby withdrawn.
Applicant has corrected each of claims 15-16, 18, and 20 to address indefinite language. The previously held rejections under 35 USC 112(b) are hereby withdrawn.
Response to Arguments
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.
Applicant correctly points out that the new limitations added to each of claims 1 and 3 overcome reliance on Wersland under statute 102, and further overcome the previously relied on 102 rejection employing Mabuchi, and the previously held 103 rejection employing Mabuchi and Mabuchi ‘128. However, upon further consideration, Fan (CN 109009977) has been identified as teaching the motor mounting bracket of claims 1 and 3, as can be seen in Figure 1. Thus, Applicant’s arguments are moot in view of the new grounds of rejection. Examiner notes that the double patenting rejections of record have been updated to include reliance on Fan for the claimed motor mounting bracket as well. Further, except in the case of claim 17, which is rejected under the 103 combination of Mabuchi and Fan discussed below, Applicant’s arguments regarding any of dependent claims 7-13 and 15-20 are rendered moot, as these claims would be allowable if written in independent form and with the timely filing of a Terminal Disclaimer against US patent No. 11,478,400.
Claim Objections
Claim 3 is objected to because of the following informalities:
At claim 3, line 10, it is suggested that “the second end” be replaced with “A first end” as the term lacks antecedent basis in claim 3.
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
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.
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, and Fan (CN 109009977).
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 the device is battery-powered, and a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly.
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 motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly.
However, Fan teaches a percussive massage device (device for “deep muscle stimulation”) (abstract, lines 1-2; Fig. 1) which includes a motor mounting bracket (2101+2102) comprising a central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), the shaft (“output shaft”) extending through the central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), wherein the motor mounting bracket (2101+2102) is positioned within the enclosure (comprisal of shell 1 and handle 4) between the motor (21) and the second end of the reciprocation assembly (23) in order to fix the motor in place (page 4: “the driving motor is provided with a motor fixing flange 2101, 21 end the motor fixing flange 2101 is barrel-shaped, the bottom is provided with a motor fixing part 2102, is provided with a bearing fixing part 2103; the motor fixing part 2102 connected with the driving motor 21 by a bolt, output shaft of the drive motor21 into motor fixing flange 2101”; see Fig. 1, where the identified motor mounting bracket is positioned in the handle part of the enclosure between the motor 21 and the drive arm 23).
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 a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly, as taught by Fan, in order to fix the motor in place within the enclosure and in operative connection with the reciprocation assembly.
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, and Fan (CN 109009977), as applied to claim 1 above, in further view of Wersland (US 2019/0209424).
Regarding claim 2, Mabuchi in view of Mabuchi ‘128 and Fan 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 Fan (CN 109009977).
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 pivot (19) of 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);
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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Modified Mabuchi fails to disclose positioning a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly.
However, Fan teaches a percussive massage device (device for “deep muscle stimulation”) (abstract, lines 1-2; Fig. 1) which include positoning a motor mounting bracket (2101+2102) comprising a central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), the shaft (“output shaft”) extending through the central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), wherein the motor mounting bracket (2101+2102) is positioned within the enclosure (comprisal of shell 1 and handle 4) between the motor (21) and the second end of the reciprocation assembly (23) in order to fix the motor in place (page 4: “the driving motor is provided with a motor fixing flange 2101, 21 end the motor fixing flange 2101 is barrel-shaped, the bottom is provided with a motor fixing part 2102, is provided with a bearing fixing part 2103; the motor fixing part 2102 connected with the driving motor 21 by a bolt, output shaft of the drive motor21 into motor fixing flange 2101”; see Fig. 1, where the identified motor mounting bracket is positioned in the handle part of the enclosure between the motor 21 and the drive arm 23).
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 positioning a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly, as taught by Fan, in order to fix the motor in place within the enclosure and in operative connection with the reciprocation assembly.
Regarding claim 17, Mabuchi in view of Fan disclose the method of claim 14, 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).
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 7-13, and 15-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,478,400 to Marton, hereinafter referred to as Marton, in view of Fan (CN 109009977).
Regarding claim 1, Marton discloses a battery-powered percussive massage device (claim 1, lines 1-2), the device comprising:
an enclosure having a cylindrical bore, the cylindrical bore extending along a longitudinal axis (claim 1, lines 3-4);
a piston located within the cylindrical bore, the piston having a first end and a second end, the piston constrained to move only along the longitudinal axis of the cylindrical bore (claim 1, lines 5-8);
a motor positioned within the enclosure, the motor having a shaft rotatable about a central axis perpendicular to the longitudinal axis of the cylindrical bore (claim 1, lines 9-12);
a crank coupled to the shaft, wherein the crank comprises a pivot offset from a central axis of the shaft (claim 1, lines 13-14);
a reciprocation linkage having a first end and a second end, the first end of the reciprocation linkage coupled to the pinion gear, the second end of the reciprocation linkage coupled to the first end of the piston (claim 1, lines 29-33 for connection of the first end of the reciprocation linkage to the pinion gear, and connection of the second end to the piston; note also claim 1, lines 9-14 and 21-25 where the shaft and the reciprocation linkage indirectly couple via the crank, pivot, and pinion gear, where lines 29-33 explain the coupling of the pinion gear pivot to the first end of the reciprocation linkage); and
an applicator head having a first end and a second end, the first end of the applicator head coupled to the second end of the piston, the second end of the applicator head exposed outside the cylindrical bore (claim 1, lines 33-36).
Marton fails to disclose a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly.
However, Fan teaches a percussive massage device (device for “deep muscle stimulation”) (abstract, lines 1-2; Fig. 1) which includes a motor mounting bracket (2101+2102) comprising a central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), the shaft (“output shaft”) extending through the central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), wherein the motor mounting bracket (2101+2102) is positioned within the enclosure (comprisal of shell 1 and handle 4) between the motor (21) and the second end of the reciprocation assembly (23) in order to fix the motor in place (page 4: “the driving motor is provided with a motor fixing flange 2101, 21 end the motor fixing flange 2101 is barrel-shaped, the bottom is provided with a motor fixing part 2102, is provided with a bearing fixing part 2103; the motor fixing part 2102 connected with the driving motor 21 by a bolt, output shaft of the drive motor21 into motor fixing flange 2101”; see Fig. 1, where the identified motor mounting bracket is positioned in the handle part of the enclosure between the motor 21 and the drive arm 23).
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 Marton to further include a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly, as taught by Fan, in order to fix the motor in place within the enclosure and in operative connection with the reciprocation assembly.
Regarding claim 2, Marton in view of Fan disclose the device of claim 1, as discussed above.
Marton further discloses wherein the device further comprising an actuator, wherein the actuator is manually operated (claim 1, lines 25-27; claim 2, lines 1-2).
Regarding claim 3, Marton discloses a method of operating a percussive massage device (claim 3, lines 1-2) comprising:
rotating a shaft of an electric motor to rotate a pivot of a crank about a central axis of the shaft (claim 3, lines 3-4);
coupling the electric motor to a first end of an interconnection linkage of a reciprocation assembly (claim 3, lines 3-11, where the ring gear is coupled with the pinion gear which is coupled with the pivot of the crank which couples to the shaft of the motor for rotation, and the pivot of the pinion gear is connected to the first end of the interconnection linkage, thus the components are indirectly connected);
coupling a second end of the interconnection linkage to a first end of a piston constrained to move along a longitudinal centerline (claim 3, lines 12-14);
coupling a second end of the piston to an applicator head wherein rotational movement of the shaft of the electric motor causes reciprocating longitudinal movement of the piston and the applicator head (claim 3, lines 15-18, see claim 3, lines 3-4, where the crank is connected to the shaft of the motor, and thus the piston is connected to the rotational output of the motor via the shaft and the crank).
Marton fails to disclose wherein the central axis of the shaft being perpendicular to the longitudinal centerline, and positioning a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly.
However, Fan teaches a percussive massage device (device for “deep muscle stimulation”) (abstract, lines 1-2; Fig. 1) which includes a motor mounting bracket (2101+2102) comprising a central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), the shaft (“output shaft”) extending through the central opening (see opening in Fig. 1 through which the output shaft of motor 21 extends), wherein the motor mounting bracket (2101+2102) is positioned within the enclosure (comprisal of shell 1 and handle 4) between the motor (21) and the second end of the reciprocation assembly (23) in order to fix the motor in place (page 4: “the driving motor is provided with a motor fixing flange 2101, 21 end the motor fixing flange 2101 is barrel-shaped, the bottom is provided with a motor fixing part 2102, is provided with a bearing fixing part 2103; the motor fixing part 2102 connected with the driving motor 21 by a bolt, output shaft of the drive motor21 into motor fixing flange 2101”; see Fig. 1, where the identified motor mounting bracket is positioned in the handle part of the enclosure between the motor 21 and the drive arm 23), wherein the central axis of the shaft (“output shaft”) is perpendicular to a longitudinal centerline (see Fig. 1, where the longitudinal centerline is an axis in line with drive arm 23, and the longitudinal axis of the output shaft of motor 21 is perpendicular thereto).
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 Marton to further include a motor mounting bracket comprising a central opening, the shaft extending through the central opening, wherein the motor mounting bracket is positioned within the enclosure between the motor and the second end of the reciprocation assembly and to have provided the central axis of the shaft perpendicular to the longitudinal centerline, as taught by Fan, in order to fix the motor in place within the enclosure and in operative connection with the reciprocation assembly.
Regarding claim 7, Marton in view of Fan disclose the device of claim 1, as discussed above.
Marton further discloses a pinion gear adapted to be rotated by the shaft of the motor (claim 1, lines 9-14 and 21-25), wherein the pinion gear includes a central bore that receives the pivot of the crank (claim 1, lines 21-25).
Regarding claim 8, Marton in view of Fan disclose the device of claim 7, as discussed above.
Marton further discloses wherein the pinion gear includes a pinion gear pivot offset from the central bore (claim 1, lines 23-24).
Regarding claim 9, Marton in view of Fan disclose the device of claim 1, as discussed above.
Marton further discloses a ring gear (claim 1, line 17-20), wherein the ring gear includes a first angular position and a second angular position with respect to the central axis of the shaft (claim 1, lines 17-20).
Regarding claim 10, Marton in view of Fan disclose the device of claim 1, as discussed above.
Marton further discloses a pinion gear adapted to be rotated by the shaft of the motor (claim 1, lines 9-14 and 21-25), wherein the first end of the reciprocation linkage is directly coupled to the pinion gear (claim 1, lines 28-30, see pivot of the pinion gear).
Regarding claim 11, Marton in view of Fan disclose the device of claim 1, as discussed above.
Marton further discloses a gear case coupled to the motor (claim 1, lines 15-16), the gear case comprising a ring gear (claim 1, lines 17-20), and an actuator coupled to the ring gear (claim 1, lines 25-27).
Regarding claim 12, Marton in view of Fan disclose the device of claim 11, as discussed above.
Marton further discloses wherein the actuator is configured to rotate the ring gear (claim 1, lines 25-27).
Regarding claim 13, Marton in view of Fan disclose the device of claim 1, as discussed above.
Marton further discloses a ring gear (claim 1, lines 17-20), wherein the applicator head includes a stroke length determined by an angular position of the ring gear (claim 1, lines 36-37).
Regarding claim 15, Marton in view of Fan disclose the device of claim 3, as discussed above.
Marton further discloses coupling the electric motor to a pinion gear within a gear casing, the pinion gear having external teeth engaged with internal teeth of a ring gear, the ring gear rotatable by the shaft (claim 3, lines 3-9, where the ring gear is coupled with the pinion gear which is coupled with the pivot of the crank which couples to the shaft of the motor for rotation, and thus all the components are indirectly connected); and
coupling the pinion gear to the first end of the interconnection linkage of the reciprocation assembly (claim 3, lines 10-11), wherein the ring gear rotates from a first angular position to a second angular position (claim 3, lines 7-9).
Regarding claim 16, Marton in view of Fan disclose the device of claim 3, as discussed above.
Marton further discloses coupling the electric motor to a pinion gear within a gear casing, the pinion gear having external teeth engaged with internal teeth of a ring gear, the ring gear rotatable by the shaft (claim 3, lines 3-9, where the ring gear is coupled with the pinion gear which is coupled with the pivot of the crank which couples to the shaft of the motor for rotation, and thus all the components are indirectly connected); and
coupling the pinion gear to the first end of the interconnection linkage of the reciprocation assembly (claim 3, lines 10-11), wherein the first end of the interconnection linkage of the reciprocation assembly is directly coupled to the pinion gear (claim 3, lines 10-11).
Regarding claim 17, Marton in view of Fan disclose the device of claim 14, as discussed above.
Marton further discloses wherein rotating the pivot of the crank causes movement of the piston (claim 3, lines 15-18).
Regarding claim 18, Marton in view of Fandisclose the device of claim 3, as discussed above.
Marton further discloses coupling the electric motor to a pinion gear within a gear casing, the pinion gear having external teeth engaged with internal teeth of a ring gear, the ring gear rotatable by the shaft (claim 3, lines 3-9, where the ring gear is coupled with the pinion gear which is coupled with the pivot of the crank which couples to the shaft of the motor for rotation, and thus all the components are indirectly connected); and
coupling the pinion gear to the first end of the interconnection linkage of the reciprocation assembly (claim 3, lines 10-11), wherein the reciprocating longitudinal movement provides a first stroke length when the ring gear is in a first angular position and provides a second stroke length when the ring gear is in a second angular position (claim 3, lines 15-22).
Regarding claim 19, Marton in view of Fan disclose the device of claim 18, as discussed above.
Marton further discloses wherein the first angular position and the second angular position are with respect to a central axis of the shaft (claim 3, lines 3-9, where the shaft rotates the pivot of the crank about its centerline, and the pivot connects to the pinion gear which connects to the ring gear, such that the rotation of the ring gear is understood to move to the angular positions relative to the shaft’s central axis given the indirect connection of the elements).
Regarding claim 20, Marton in view of Fan disclose the device of claim 3, as discussed above.
Marton further discloses coupling the electric motor to a pinion gear within a gear casing, the pinion gear having external teeth engaged with internal teeth of a ring gear, the ring gear rotatable by the shaft (claim 3, lines 3-9, where the ring gear is coupled with the pinion gear which is coupled with the pivot of the crank which couples to the shaft of the motor for rotation, and thus all the components are indirectly connected); and
coupling the pinion gear to the first end of the interconnection linkage of the reciprocation assembly (claim 3, lines 10-11), wherein the ring gear is rotated by an actuator (claim 3, lines 3-9, where the actuator is interpreted as a combination of the motor, the motor shaft, the pivot, the crank, and the pinion gear acting on the ring gear).
Allowable Subject Matter
Claims 7-13 and 15-20 are presently rejected only on the grounds of double patenting. Timely filing of a Terminal Disclaimer against Marton (US 11,478,400) would obviate the double patenting rejections of record. In that case, claims 7-13 and 15-20 would be formally objected to in their present form as being dependent upon a rejected claim (see prior art rejections of claims 1 and 3 above). However, the subject matter of claims 7-13 and 15-20 would be allowable if written in independent form to include the limitations of the base claim and any intervening claims associated with each of these claims, if the double patenting rejections of record were obviated by the filing of the Terminal Disclaimer, and any outstanding formal matters were addressed (see the objection to claim 3 as outlined above).
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
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/PAIGE KATHLEEN BUGG/Examiner, Art Unit 3785