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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/06/25 has been entered.
Response to Amendment
This office action is in response to the amendment filed 11/06/25. Claim(s) 1 has been amended, new claim 51 has been added, and claims 5, 10, 16-18, 23-30, 32, and 36-43 have been cancelled. Thus, claims 1-4, 6-9, 11-15, 19-22, 31, 33-35, and 44-51 are presently pending in this application.
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.
Claim(s) 1-3, 6-7, 9, 11, 13-15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii (JP2001120615) in view of Min (KR101620010) and You (CN106977885).
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Annotated fig 2 of Ishii.
With respect to claim 1, Ishii discloses a suction cup (1, fig 1) configured for use in cupping therapy (see [0002] of translation), the suction cup comprising a body (suction cup body, 1, fig 1) comprising at least one sidewall (see annotated fig 2 of Ishii) having opposite outer and inner surfaces (see annotated fig 2 of Ishii) and extending at least partially around an interior space (see annotated fig 2 of Ishii), wherein the outer surface of the at least one sidewall defines at least a portion of an exterior surface of the body (see annotated fig 2 of Ishii), the inner surface of the at least one sidewall is positioned between the exterior surface of the body and the interior space (see annotated fig 2 of Ishii where the interior surface is between the exterior surface and the interior volume space), and the inner surface defines at least a portion of an interior surface of the body that is contiguous with the interior space (see the inner surface touching the interior space in annotated fig 2 of Ishii), opposite end portions at least partially defined by the at least one sidewall and comprising an open end-portion (see annotated fig 2 of Ishii) and a closed end-portion (see annotated fig 2 of Ishii), the open end-portion comprising at least one rim (flange; 1a, fig 1) extending around an opening to the interior space (see annotated fig 2 of Ishii), and an intermediate portion (see annotated fig 2 of Ishii) at least partially defined by the at least one sidewall (see annotated fig 2 of Ishii where the sidewall makes up the intermediate portion), wherein the intermediate portion is positioned between the opposite end portions and spaced apart from the rim (see annotated fig 2 of Ishii); at least a portion of the body being elastic (see [0017] of translation) and configured so that the body is capable of being squeezed to transition the body from an at-rest configuration (original shape) to a partially-collapsed (crushed by elastic deformation) configuration (see [0003 and 0007] of translation), and elastically biased toward the at-rest configuration; a volume of the interior space being greater in the at-rest configuration than in the partially-collapsed configuration (crushed configuration has less volume space than original shape); but lacks each of the rim and the closed end-portion being less stiff than the intermediate portion; the intermediate portion comprising an overlayer adjacent an underlayer; the overlayer extending at least partially around the interior space and defining at least a portion of the exterior surface of the body; the underlayer extending at least partially around the interior space and defining at least a portion of the interior surface of the body that is contiguous with the interior space; and at least some material of the overlayer and/or the underlayer that is spaced apart from the rim having a higher modulus of elasticity than material of the rim and material of the closed end-portion of the body.
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Annotated fig 5 of Min.
However, Min teaches a suction cup (120, fig 5) with an intermediate portion (middle of cup 120, fig 5) wherein each of a rim (see annotated fig 5 of Min) and a closed end-portion (see annotated fig 5 of Min) being less stiff than the intermediate portion (see intermediate portion containing material 150 and [0032]); the intermediate portion comprising an overlayer (see annotated fig 5 of Min) adjacent an underlayer (150, see annotated fig 5 of Min); the overlayer extending at least partially around an interior space and defining at least a portion of the exterior surface of the body (see annotated fig 5 of Min where the overlayer defines portions of the inner surface and the outer surface); the underlayer extending at least partially around the interior surface of the intermediate portion and defining at least a portion of the interior surface of the body that is contiguous with the interior space (see the bottom portion of 150 labeled as 152 that extends into the interior space); and at least some material of the underlayer that is spaced apart from the rim having a higher modulus of elasticity than material of the rim and material of the closed end-portion of the body (see [0031-32] of translation, note the alloy is of a different modulus of elasticity than the cup 120).
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 body to include layered overlayer and underlayer with different stiffness as taught by Min so as to allow the vacuum pressure formed inside the cup to be maintained more safely (see [0032] of Min).
Further, the modified Ishii lacks the underlayer comprising a polymeric elastomer.
However, You teaches a shape memory elastomer (see fig 3) that transitions shape based on temperature (see [0018] of You translation).
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 replaced the underlayer shape memory alloy of the modified Ishii with a shape memory elastomer as taught by You for the purpose of altering the shape when the temperature changes.
With respect to claim 2, the modified Ishii shows an electrically rechargeable vibration unit (2, fig 1 of Ishii) that is operatively associated with the intermediate portion (the vibration device is associated with the body of the device which includes the intermediate portion; see to cause at least the open end-portion to vibrate (see [0007, 0009-10 and 32] of Ishii).
With respect to claim 3, the modified Ishii shows the vibration unit includes a user interface (switch; 24, fig 1 of Ishii) for being manually controlled (see [0028] of Ishii).
With respect to claim 6, the modified Ishii shows the overlayer (see annotated fig 5 of Min after modification) molded to the underlayer (see annotated fig 5 of Min after modification) and extending at least partially around the interior space (modification by Min provides an intermediate portion with layers); and the overlayer molded to the underlayer extends completely around the interior space (see the overlayer around the interior space in annotated fig 5 of Min after modification) the intermediate portion including the overlayer is stiffer than each of the open end-portion and the closed end-portion (see modification by Min and [0031-32]).
With respect to claim 7, the modified Ishii shows the underlayer (see annotated fig 5 of Min after modification) molded to the overlayer (see annotated fig 5 of Min after modification) and the underlayer molded to the overlayer extends completely around the interior space (note the underlayer extends around the opening of the open end and thus extending around the interior space in annotated fig 5 of Min).
With respect to claim 9, the modified Ishii shows in combination with a vibration apparatus (22, fig 1 of Ishii), wherein the vibration apparatus is mounted to the portion of the sidewall that is spaced apart from the rim (see annotated fig 2 of Ishii where the vibrator is mounted to a portion of the sidewall apart from the rim), and the vibration apparatus is configured to at least partially cause vibrational motion of the rim (vibrations permeate through the cup from the vibrator to the rim).
With respect to claim 11, the modified Ishii shows one or more of the intermediate portion, the open end-portion, and the closed end-portion comprise an elastomeric material (see modification by Liu where the first and second material of the cup body are elastomeric; col. 2, lines 1-9 of Liu).
With respect to claim 13, the modified Ishii shows each of the intermediate portion, the open end-portion, and the closed end-portion comprises an elastomeric material (see modification by Liu where the first and second material of the cup body are elastomeric; col. 2, lines 1-9 of Liu).
With respect to claim 14, the modified Ishii shows the elastomeric material of the open end-portion and the elastomeric material of the closed end-portion have about the same modulus of elasticity (open and closed end are made of the overlayer material after the modification by Min).
With respect to claim 15, the modified Ishii shows the elastomeric material of each of the intermediate portion, the open end-portion, and the closed end-portion comprises silicone (see col. 2, lines 16-19 of Liu, any material per the manufacturers preference).
With respect to claim 19, the modified Ishii shows the portion of the sidewall, which is spaced apart from the rim, is an intermediate portion of the body (see annotated fig 2 of Ishii); the body comprises opposite end portions between which the intermediate portion is positioned; the opposite end portions comprise an open end-portion (see annotated fig 2 of Ishii) and the closed end-portion (see annotated fig 2 of Ishii), respectively; the open end-portion comprises the rim and defines the opening (see annotated fig 2 of Ishii); and the intermediate portion, the open end-portion and the closed end-portion are fabricated as a unitary article (see annotated fig 2 of Ishii).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii, Min, and You as applied to claim 2 above, and further in view of Wang (CN106860928).
With respect to claim 4, the modified Ishii shows all the elements as claimed above but lacks the vibration unit is configured to communicate with, and be at least partially controlled by, a remote computer device.
However, Wang teaches a massage cupping device (1, fig 1) with a vibration unit (7, fig 2) and wireless control circuit for controlling the vibration unit (see [0033] and [0018] of translation).
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 vibration unit of the modified Ishii to include a wireless control circuit as taught by Wang so as to remotely control the device.
Claim(s) 8, 31, 33, 35, and 44-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii, Min, and You as applied to claim 1 above, and further in view of Liu (5,902,293).
With respect to claim 8, the modified Ishii shows all the elements as claimed above, but lacks a detachable strap mounted to the intermediate portion of the body and extending at least partially around the body.
However, Liu teaches a cupping device (1, fig 1) with a detachable strap (band; see col. 3, lines 22-25) for holding a vibrator (4, fig 1).
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 cup body of the modified Ishii to include a detachable strap as taught by Liu so as to rearrange the vibrator and replace the mounting mechanism to a band as taught by Liu so as to provide another type of mounting mechanism to hold the vibrator onto the cup.
Note after the modification by Liu the detachable strap would be mounted to the underlayer since the strap is mounted to the body of the device.
With respect to claim 31, the modified Ishii shows in combination with a vibration apparatus (22, fig 1 of Ishii), wherein the vibration apparatus is mounted to the strap (see modification by Liu ‘293; see col. 3, lines 22-25); and configured to at least partially cause vibrational motion of the rim (see [0007, 0009-10] of Ishii).
With respect to claim 33, the modified Ishii shows each of the strap, the intermediate portion, the open end-portion, and the closed end-portion comprises an elastomeric material (see modification by Liu where the first and second material of the cup body are elastomeric; col. 2, lines 1-9 of Liu ‘323).
With respect to claim 35, the modified Ishii shows the intermediate portion, the open end-portion and the closed end-portion are formed of the same elastomeric material (see modification by Min with the overlayer making up the open end and the closed end).
With respect to claim 44, the modified Ishii shows all the elements as claimed above, but lacks a detachable strap extending completely around the body.
However, Liu teaches a cupping device (1, fig 1) with a detachable strap (band; see col. 3, lines 22-25) for holding a vibrator (4, fig 1).
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 cup body of the modified Ishii to include a detachable strap as taught by Liu so as to rearrange the vibrator and replace the mounting mechanism to a band as taught by Liu so as to provide another type of mounting mechanism to hold the vibrator onto the cup.
Note after the modification by Liu the detachable strap would be mounted to the underlayer since the strap is mounted to the body of the device.
With respect to claim 45, the modified Ishii shows all the elements as claimed above, but lacks a band extending at least partially around the body.
However, Liu teaches a cupping device (1, fig 1) with a band (band; see col. 3, lines 22-25) for holding a vibrator (4, fig 1).
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 cup body of the modified Ishii to include a detachable strap as taught by Liu so as to rearrange the vibrator and replace the mounting mechanism to a band as taught by Liu so as to provide another type of mounting mechanism to hold the vibrator onto the cup.
Note after the modification by Liu the detachable strap would be mounted to the underlayer since the strap is mounted to the body of the device.
With respect 46, the modified Ishii shows the overlayer comprises the band mounted to the underlayer and extending completely around the body (see modification by Liu where the band holds the vibrator to the body and would need to extend around the body).
With respect to claim 47, the modified Ishii shows a vibration apparatus (2, fig 1 of Ishii) comprising an electromechanical vibrator (22, fig 1 of Ishii) mounted to the intermediate portion of the body of the suction cup (note the vibration apparatus is mounted to the body which includes the intermediate portion and thus the vibration apparatus is mounted to the intermediate portion, annotated fig 2 of Ishii); the vibration apparatus is configured to at least partially cause vibrational motion of at least the intermediate portion (see [0007, 0009-10] of Ishii), and the intermediate portion of the body of the suction cup together with the vibration apparatus is stiffer than the open end-portion and the closed end-portion of the body of the suction cup (see modification by Min and [0031-32]) but lacks a detachable strap extending completely around the body.
However, Liu teaches a cupping device (1, fig 1) with a detachable strap (band; see col. 3, lines 22-25) for holding a vibrator (4, fig 1).
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 cup body of the modified Ishii to include a detachable strap as taught by Liu so as to rearrange the vibrator and replace the mounting mechanism to a band as taught by Liu so as to provide another type of mounting mechanism to hold the vibrator onto the cup.
Note after the modification by Liu the detachable strap would be mounted to the underlayer since the strap is mounted to the body of the device.
With respect 48, the modified Ishii shows the electromechanical vibrator is positioned at least partially in a receptacle of the suction cup (1e, fig 2 and [0018] of Ishii).
With respect 50, the modified Ishii shows the overlayer comprises the band mounted to the underlayer and extending completely around the body (see modification by Liu where the band holds the vibrator to the body and would need to extend around the body).
Claim(s) 12 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii, Min, and You as applied to claim 1 above, and further in view of Holm (2008/0086065).
With respect to claim 12, the modified Ishii shows all the elements as claimed above but lacks the intermediate portion and the open end-portion are colored differently from one another.
However, Holm shows a pressure dome (10’’, fig 13A) with a body (24/28, fig 13A) comprising a visual indicator (56, fig 13A) of an intermediate portion colored differently than an open end-potion (28, fig 13A).
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 body of the modified Ishii to include a visual indicator at an intermediate portion as taught by Holm so as to indicate the various portion of the body for ease of use for the user.
Note after the modification the intermediate portion of the modified Ishii would be identified as stiffer from the indicator than the open end portion.
With respect to claim 21, the modified Ishii shows all the elements as claimed above but lacks the body comprises contrasting colored portions.
However, Holm shows a pressure dome (10’’, fig 13A) with a body (24/28, fig 13A) comprising a visual indicator (56, fig 13A) of an intermediate portion contrasted from an open end-potion (28, fig 13A).
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 body of the modified Ishii to as to indicate the various portion of the body for ease of use for the user.
With respect to claim 22, the modified Ishii shows all the elements as claimed above but lacks the body comprises one or more visual indicators to aid a user of the suction cup.
However, Holm shows a pressure dome (10’’, fig 13A) with a body (24/28, fig 13A) comprising a visual indicator (56, fig 13A) to aid a user of the suction cup (see [0054]).
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 body of the modified Ishii to include a visual indicator as taught by Holm so as to alert the user the optimal pressure has been applied (see [0054] of Holm).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii, Min, and You as applied to claim 1 above, and further in view of Adams (5,039,045).
With respect to claim 20, the modified Ishii shows all the elements as claimed above but lacks the body comprises a transparent portion.
However, Adams teaches a suction cup (10, fig 4) with a body (14, fig 4) molded from transparent or translucent plastic (see col. 2, lines 10-13).
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 body of the modified Ishii to include a transparent plastic as taught by Adams so as to allow for viewing the body part within the suction cup to avoid injury.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii, Min, You, and Liu as applied to claim 33 above, and further in view of Hardman (2,078,536).
With respect to claim 34, the modified Ishii shows the elastomeric material of the intermediate portion, the open end-portion and the closed end-portion have about the same modulus of elasticity (note the modification by Liu to the cup of Ishii provides a portion of the intermediate portion, the open-end portion and the closed-end portion as seen in fig 2 of Liu are the same second material); and but is silent regarding the elastomeric material of the strap has a higher modulus of elasticity than the elastomeric material of the intermediate portion, the open end-portion and the closed end- portion.
However, Hardman teaches a massage cup (1a, fig 4) with an open end (2a, fig 4) and a closed end (opposite of 2a, fig 4) with a rigid strap (17a, fig 4) on an intermediate portion (between open and closed ends in 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 have modified the strap of the modified Ishii to have a rigid strap as taught by Hardman so as to provide a stable structure and help prevent collapsing of the cup body.
Claim(s) 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii, Min, You, and Liu as applied to claim 47 above, and further in view of Duprey (1,630,115).
With respect to claim 49, the modified Ishii shows the band (see claim 47 above) but lacks the band is positioned at least partially in a receptacle of the suction cup.
However, Duprey teaches a massager (fig 1) with a strap (16, fig 1) and a receptacle (15, fig 1).
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 band and the suction cup of the modified Ishii to include a receptacle as taught by Duprey so as to allow for ease of removal and adjustability of the vibrator.
Allowable Subject Matter
Claim 51 is 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.
Response to Arguments
The arguments to the newly added claim limitations in claims 1-4, 6-9, 11-15, 19-22, 31, 33-35, and 44-51 have been addressed in the above rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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/KELSEY E BALLER/Examiner, Art Unit 3785
/TU A VO/Primary Examiner, Art Unit 3785