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 .
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 nonobviousness.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Wei (CN110711132A) or, in the alternative, under 35 U.S.C. 103 as obvious over Wei in view of Stevens (U.S 2008/0036303 A1).
Regarding claim 1, Wei discloses a vibrator, comprising:
a base seat provided with a chamber at an inside of the base seat, and an opening in communication with the chamber and an outside of the base seat (see Fig. 1 and Paragraph 0035, base 1 has a chamber/hollow inside which receives conductor 2 and magnetic cup 3; Additionally, the base has an opening to the outside which conductor 2 covers);
a magnetic member moveably disposed in the base seat and located in the chamber, the magnetic member being provided with a recessed ring portion (Fig. 1 and Paragraph 0034, magnetic cup 3 has an annular groove, i.e recessed ring portion, to receive the coil; Furthermore, see Paragraph 0016, the magnetic cup can be detached from the substrate/base portion 1 and thus is moveably disposed within the base, as opposed to being fixedly attached); and
a cover including a cap body disposed on the base seat to close the opening, and a wire coil disposed with the cap body and extending into the recessed ring portion in a way that a gap is left between the wire coil and the magnetic member (Fig. 1 and Paragraph 0033-0034, the conductor 2 is a cap which is disposed on the base seat and covers the opening, tube 4 connected to the conductor includes a coil 6 about the tube and which extends into the annular groove/recessed ring with a gap between the coil and the magnetic cup/magnet 5).
Alternatively, Wei is silent regarding wherein the magnetic member is specifically moveably disposed on the base seat.
However, Stevens teaches an electromagnetic vibratory element for providing vibration to a user, wherein a magnetic member is moveably disposed within/on a base element (see Abstract, Fig. 2 and Paragraphs 0014-0015, 0031, the magnetic member is slidably displaceable within housing 23 and is displaced during generation of the electrical fields from the coils; The movement of the magnets provide closer interaction with the fields which aids movement and generation of the vibration action).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have the magnetic member moveably disposed on the base, such as that taught by Stevens, in order to allow for closer interaction/engagement of the magnetic fields generated by the magnet and the induced fields from the coils, to provide greater forces and facilitation of the vibration (Paragraph 0014-0015, 0031). Furthermore, it would have been obvious since Stevens teaches that the movement can instead by generated by the coil driving the motion of the magnets, which is merely the inverse of the motion used in Wei, where the coil is moved relative to the magnet.
Claim 4 is rejected under 35 U.S.C. 103 as being obvious over Wei (CN110711132A) or, in the alternative, over Wei in view of Stevens (U.S 2008/0036303 A1), in further view of Song (CN 107374931 A).
Regarding claim 4, the device of Wei or modified device of Wei discloses the device of claim 1.
Wei further discloses wherein the base seat comprises a bottom portion at a side of the chamber that is remote from the opening (see Fig. 1 and Paragraph 0031, the base has a bottom portion opposite the opening which bounds/holds the magnetic cup and the actuator).
Wei is silent regarding a cushion pad disposed with the magnetic member; the cushion pad is disposed between the magnetic member and the bottom portion of the base seat.
However, Song teaches a percussive actuator with a cushion pad disposed between the base and the percussive magnetic elements, the cushion pad disposed between the magnetic member and a bottom of a base seat (see Paragraph 0011, 0022, 0025, buffer pad 4; The buffer pad is disposed at a base portion about the iron core 9 which dampens and cushions the impact of the core against the base portion 1).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Wei to have included a cushion pad near the magnetic member disposed between the base seat and the magnetic member, in order to dampen impacts and prevent damage to the housing (see Paragraph 0011, 0022, 0025).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shih (U.S 2019/0029426 A1) in view of Taylor (U.S 5,437,607 A).
Regarding claim 5, Shih discloses an electric bed (Abstract, Paragraph 0005), comprising:
a fixation frame (fixation frame, see Fig. 3 and Paragraph 0005, 0020-0024);
a movable frame moveably disposed to the fixation frame (moveable frame 12, see Fig. 3, Paragraph 0020-0024);
an actuator connected between the fixation frame and the moveable frame to drive the moveable frame to move relative to the fixation frame (actuator 13, see Fig. 3 and Paragraph 0020-0024);
a support member disposed to one of the fixation frame and the moveable frame and provided with a support surface, a bottom surface opposite to the support surface (see Paragraph 0019, the bed supports a mattress structure on the bed frame portions, thereon or after encapsulation by supportive sponge material; Thus, the mattress/sponge material supports the body and has a support surface and an bottom surface opposite the support surface);
Shih is silent regarding a hollow portion penetrating through the support surface and the bottom surface; a cushion pack disposed to the support member in a way that the cushion pack is inserted in the hollow portion of the support member, the cushion pack being provided with a top surface that is flesh with or protrudes upwardly over the support surface, and an inner accommodation; and a vibrator disposed in the inner accommodation of the cushion pack.
Taylor teaches a hollow portion penetrating through the support surface and the bottom surface; a cushion pack disposed to the support member in a way that the cushion pack is inserted in the hollow portion of the support member, the cushion pack being provided with a top surface that is flesh with or protrudes upwardly over the support surface, and an inner accommodation; and a vibrator disposed in the inner accommodation of the cushion pack (Col. 4 line 60 – Col. 5 line 5, Fig. 1-4; There is a hollow in the supportive cushion portion in which the vibrator assembly is disposed; Furthermore see Col. 1 lines 22-30, a cushioning/padding material is disposed on the upper surface through which the vibrating element imparts vibratory motion to the body and protrudes from the support surface). Furthermore, incorporation of the vibratory element in a hollow within the supporting layer would extend through the bottom, as the assembly of Shih has a thin cushioning element supported by a frame at the back.
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included a hollow in the support and bottom surface with the vibrator disposed within a cushion pack protruding from the support surface, such as that taught by Taylor, in order to provide vibratory therapy to the user across the body (Abstract; Col. 4 line 60 – Col. 5 line 5, Fig. 1-4).
Claim 6 are rejected under 35 U.S.C. 103 as being unpatentable over Shih (U.S 2019/0029426 A1) in view of Taylor (U.S 5,437,607 A), as applied to claim 5, in further view of Wei (CN110711132A) or in view of Wei (CN110711132A) and Stevens (U.S 2008/0036303 A1).
Regarding claim 6, the modified device of Shih discloses the device of claim 5.
Shih is silent regarding wherein the vibrator comprises: a base seat provided with a chamber at an inside of the base seat, and an opening in communication with the chamber and an outside of the base seat; a magnetic member moveably disposed in the base seat and located in the chamber, the magnetic member being provided with a recessed ring portion; and a cover including a cap body disposed on the base seat to close the opening, and a wire coil disposed with the cap body and extending into the recessed ring portion in a way that a gap is left between the wire coil and the magnetic member.
However, Wei teaches a vibrator assembly for the body including a base seat provided with a chamber at an inside of the base seat, and an opening in communication with the chamber and an outside of the base seat (see Fig. 1 and Paragraph 0035, base 1 has a chamber/hollow inside which receives conductor 2 and magnetic cup 3; Additionally, the base has an opening to the outside which conductor 2 covers); a magnetic member moveably disposed in the base seat and located in the chamber, the magnetic member being provided with a recessed ring portion (Fig. 1 and Paragraph 0034, magnetic cup 3 has an annular groove, i.e recessed ring portion, to receive the coil; Furthermore, see Paragraph 0016, the magnetic cup can be detached from the substrate/base portion 1 and thus is moveably disposed within the base, as opposed to being fixedly attached); and a cover including a cap body disposed on the base seat to close the opening, and a wire coil disposed with the cap body and extending into the recessed ring portion in a way that a gap is left between the wire coil and the magnetic member (Fig. 1 and Paragraph 0033-0034, the conductor 2 is a cap which is disposed on the base seat and covers the opening, tube 4 connected to the conductor includes a coil 6 about the tube and which extends into the annular groove/recessed ring with a gap between the coil and the magnetic cup/magnet 5).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to include a vibrator assembly with a base seat and a magnetic member with a recessed ring portion with a wire coil extending into the recessed ring portion, such as that taught by Wei, in order to provide a known mechanism for driving the vibratory assembly with oscillatory masses/alternating magnetic fields (Paragraph 0033-0034, 0016).
Alternatively, the modified device of Shih is silent regarding wherein the magnetic member is specifically moveably disposed on the base seat.
However, Stevens teaches an electromagnetic vibratory element for providing vibration to a user, wherein a magnetic member is moveably disposed within/on a base element (see Abstract, Fig. 2 and Paragraphs 0014-0015, 0031, the magnetic member is slidably displaceable within housing 23 and is displaced during generation of the electrical fields from the coils; The movement of the magnets provide closer interaction with the fields which aids movement and generation of the vibration action).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have the magnetic member moveably disposed on the base, such as that taught by Stevens, in order to allow for closer interaction/engagement of the magnetic fields generated by the magnet and the induced fields from the coils, to provide greater forces and facilitation of the vibration (Paragraph 0014-0015, 0031). Furthermore, it would have been obvious since Stevens teaches that the movement can instead by generated by the coil driving the motion of the magnets, which is merely the inverse of the motion used in Wei, where the coil is moved relative to the magnet.
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over Shih (U.S 2019/0029426 A1) in view of Taylor (U.S 5,437,607 A) and Wei (CN110711132A) and Stevens (U.S 2008/0036303 A1), as applied to claims 5-6, in further view of Song (CN 107374931 A).
Regarding claim 9, the modified device of Shih discloses the device of claim 6.
Wei further teaches the vibrator base seat comprises a bottom portion at a side of the chamber that is remote from the opening (see Fig. 1 and Paragraph 0031, the base has a bottom portion opposite the opening which bounds/holds the magnetic cup and the actuator).
Shih is silent regarding a cushion pad disposed with the magnetic member; the cushion pad is disposed between the magnetic member and the bottom portion of the base seat.
However, Song teaches a percussive actuator with a cushion pad disposed between the base and the percussive magnetic elements, the cushion pad disposed between the magnetic member and a bottom of a base seat (see Paragraph 0011, 0022, 0025, buffer pad 4; The buffer pad is disposed at a base portion about the iron core 9 which dampens and cushions the impact of the core against the base portion 1).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included a cushion pad near the magnetic member disposed between the base seat and the magnetic member, in order to dampen impacts and prevent damage to the housing (see Paragraph 0011, 0022, 0025).
Claim 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Shih (U.S 2019/0029426 A1) in view of Taylor (U.S 5,437,607 A), as applied to claim 5, in further view of Radke (U.S 3,279,849 A).
Regarding claim 10, the modified device of Shih discloses the device of claim 5.
Shih is silent wherein the cushion pack is disposed to the support member by two loop-and-hook fastening belts; the two loop-and-hook fastening belts each have a first end and a second end; the first ends of the two loop-and-hook fastening belts are disposed to the support member respectively, and the second ends of the two loop-and-hook fastening belts are engaged with each other and located at a bottom surface of the cushion pack.
However, Radke teaches use of hook-and-loop fastening belts having first and second ends disposed to a support assembly and engaged within each other to secure a support member to a cushioning element projecting from the support member (Col. 2 lines 20-65). Further, Radke teaches use of hook-and-loop connection for easy disengagement of the components (Col. 2 lines 20-30).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included two loop-and-hook belts securing the cushion pack protruding from the cushioning member, such as that taught by Radke, in order to allow reversible engagement of the supporting surface to the rest of the cushion, and to resist parallel disengagement of forces (Col. 2 lines 20-30).
Regarding claim 11, the modified device of Shih discloses the device of claim 5.
Shih further discloses wherein the vibrator has an outer periphery encased by the cushion pack (see rejection of claim 5 above; Per the modification, the vibrator/housing of the vibrator has an outer periphery which is encased on the upper surface by the cushion pack; also see Col. 1 lines 22-30 regarding the vibrator being bounded on the upper surface by cushioning material/padding). Applicant may wish to further define the engagement of the cushion pack and vibrator, as it may be broader than applicant intends.
Claim 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shih (U.S 2019/0029426 A1) in view of Taylor (U.S 5,437,607 A) and Radke (U.S 3,279,849 A), as applied to claims 5 and 10-11, in further view of Bracesco (U.S 4,268,557 A).
Regarding claim 12, the modified device of Shih discloses the device of claim 11.
Shih is silent regarding wherein the cushion pack comprises an air permeable hole in communication with the inner accommodation and an outside of the cushion pack.
However, Bracesco teaches wherein a massage apparatus teaches an air permeable hole in a cushion pack in communication with the inner accommodation and an outside of the cushion pack (Col. 8 lines 26-38). The inclusion of a free passage of air allows additional behavior of cushioning for the body.
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included an air permeable hole in the cushioning pack, such as that taught by Bracesco, in order to adjust the cushioning behavior and inherent resiliency of the cushion to support the body (Col. 8 lines 26-38).
Regarding claim 13, the modified device of Shih discloses the device of claim 10.
Shih is silent regarding wherein the cushion pack comprises an air permeable hole in communication with the inner accommodation and an outside of the cushion pack.
However, Bracesco teaches wherein a massage apparatus teaches an air permeable hole in a cushion pack in communication with the inner accommodation and an outside of the cushion pack (Col. 8 lines 26-38). The inclusion of a free passage of air allows additional behavior of cushioning for the body.
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included an air permeable hole in the cushioning pack, such as that taught by Bracesco, in order to adjust the cushioning behavior and inherent resiliency of the cushion to support the body (Col. 8 lines 26-38).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shih (U.S 2019/0029426 A1) in view of Taylor (U.S 5,437,607 A), as applied to claim 5, in further view of Wei (CN110711132A) and Chiu (U.S 2006/0247561 A1).
Regarding claim 14, the modified device of Shih discloses the device of claim 5.
Shih is silent regarding a control unit electrically connected with the vibrator; the control unit transmits a sound signal to the vibrator such that the vibrator generates vibrations.
However, Wei teaches a control unit electrically connected with the vibrator; the control unit transmits a sound signal to the vibrator such that the vibrator generates vibrations (Paragraph 0019, 0033, 0037; The device includes a controller which can control the vibration according to signals from the controller; The control can be from sound signals).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included a controller for the vibrator which can transmit sound signals to the vibrator, such as that taught by Wei, in order to adjust the delivered vibration according to known methods and to enhance relaxation by delivering rhythmic vibrations/patterns of vibrations (Paragraph 0019, 0033, 0037).
Wei is silent regarding wherein specifically the control unit transmits a sound signal to the vibrator such that the vibrator generates vibrations along with the sound signal.
However, Chiu teaches use of a control unit to transmit sound signals to the vibrator to generate vibrations along with the sound signal (Paragraph 0015, 0044, 0051; Claim 1).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Shih to have included transmitting sound signals to the vibrator such as that taught by Chiu, in order to provide massaging in concert with music for better relaxation benefit (Abstract, Claim 1; Paragraph 0002).
Regarding claim 15, the modified device of Shih discloses the device of claim 14.
Chiu further teaches a speaker electrically connected with the control unit; the control unit transmits the sound signal to the speaker such that when speaker produces sound, the vibrator generates the vibrations synchronously (Paragraph 0009, 0030, 0039, 0045; also see Paragraphs 0015, 0044, 0051, Claim 1).
Allowable Subject Matter
Claim 2 and 7 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 closest prior art is Shih (U.S 2021/0346219 A1) and Shan (CN 113116697 A) and Yao (CN 210124351 U) and Wei (CN 110711132 A1) and Chu (CN 209220908 U) and Song (CN 107374931 A) and Choe (CN 105899181 A), Ermalovich (WO 2016065317 A1) and Shih (U.S 2013/0042412 A1) and Gao (CN 201304069 Y) and Taylor (U.S 5,437,607 A) and Lee (U.S 5,125,033 A) and Rosen (U.S 4,005,703 A) and Radke (U.S 3,279,849 A).
Regarding claim 2, none of the prior art teaches or suggests the limitations of claim 2, particularly regarding the requirements of the intermediary ring structure with the rib structures as currently presented. The devices of Wu, Lee, Choe and Yao while disclosing ring/rib structures simply do not provide the necessary structural requirements as set forth in the claim. Fig. 3 - elements 3D/S3 of Wu, Fig. 1 - rings 1 and 19 of Lee, Fig. 1 – ring/plates 150 and 160 of Choe, and Fig. 2 – elements 221, 222, 223 of Yao all disclose ring portions with readable ribs but do not provide the necessary intermediary connection between the base and the magnetic structure as currently required by the claim.
Similar arguments can be made for claim 7.
Conclusion
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/THOMAS W GREIG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785