CTNF 18/021,172 CTNF 88988 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION 1. This office action is in response to the filing of the application on 2/13/2023. Since the initial filing, no claims have been amended, added, or canceled. Thus, claims 1-9 are pending in the application. Priority 2. Acknowledgement is made of applicant’s claim for foreign priority regarding KR 10-2020-0110201 (filing date of 8/31/2020), KR 10-2020-0133673 (filing date of 10/15/2020), and KR 10-2021-0021671 (filing date of 3/10/2021). However, only KR 10-2020-0122673 provides sufficient support for the subject matter of claims 1-9. Therefore, the current application will be assigned the effective filing date of 3/10/2021. Drawing Objections 3. The drawings are objected to for the following informalities: Reference characters “1” (Fig. 1), “10” (Fig. 2), “100” (Figs. 4 and 5) should not be underlined. Rather, these reference characters should be accompanied by lead lines. Underlining is reserved for labeling cross sections of surfaces. See 37 CFR 1.84(q). 06-22-03 Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Interpretation- 35 USC § 112 – Sixth Paragraph/35 USC § 112(f) 07-30-03 AIA 4. 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. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 5. This application includes 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 use 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: “massage driving unit” (claim 1, ln. 3 and 6); “heating member” (claim 1, ln. 11; claim 7, ln. 1); “external control module” (claim 8, ln. 2). 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. The following is the corresponding structure for these limitations: “ massage driving unit ” - “For example, the massage driving unit may include a plurality of motors and a power transmission mechanism for transmitting a driving force of each motor to the unit bracket 110. The power transmission mechanism may be configured by appropriately combining a cam, a gear, a timing belt, a link device, and the like” ([39]); “ heating member ” - “The heating member 120 includes a heater 121…the heater 121 may be a positive temperature (PTC) heater” ([47]); “ external control module ” - No corresponding structure for this limitation was found within the applicant’s specification. This creates an issue under 35 USC 112(b) as described below in the 35 USC § 112 section. 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 recite 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. 6. The term “heating member” is not interpreted under 35 USC 112(f) in claim 7 because sufficient structure is introduced within the claim to perform the function of “heating” (i.e. a heater generating heat by electric power from an external control module). Claim Objections 07-29-01 AIA 7. Claim s 1, 3, and 9 are objected to because of the following informalities: Regarding claim 1, the phrase “a unit bracket connect” (ln. 6) appears as though it should read --a unit bracket connector--. Additionally , the term “the outer surface of the support shaft member” (ln. 13-14) should read -- an outer surface of the support shaft member--- because the term “outer surface of the support shaft member” has not previously been introduced within the claim. Regarding claim 3, the term “the outer surface of the first reinforcing washer” (ln. 3) should read --an outer surface of the first reinforcing washer --- because the term “outer surface of the first reinforcing washer” has not previously been introduced within the claim. Regarding claim 9, the phrase “the insert member” (ln. 1) should read --the ring-shaped insert member-- for the sake of consistency with how the term is originally introduced within the claims . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 8. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 AIA 9. Claim s 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 1, the limitation “a module base mounted in a massage apparatus” (ln. 2) renders the claim unclear if the massage apparatus itself is included within the scope of the claim. For the purposes of examination, the limitation will be interpreted as a module base configured to be mounted in a massage apparatus . This is the most logical reading of the limitation because the preamble of claim 1 is only directed to “[a] massage module” and not an entire massage apparatus. Additionally , the limitation “an opening of the cushion member” (ln. 16) is unclear if “an opening” is introducing a new opening or referring to the cushion member “opening” recited in line 12 of the claim. For the purpose of examination, the limitation “an opening of the cushion member” will be interpreted as referring to the same opening introduced early in line 12 of the claim. Regarding claim 6, the limitation “a second protection member” (ln. 4) is unclear if use of the term “second” implies a first protection member or is merely being used as a label. Since no “first” protection member has been introduced within the claim (note: claim 6 is not dependent upon claim 2), the term “second” will be interpreted as only a label for the protection member. For the purposes of examination, claim 6 will be interpreted as only requiring one protection member of a ring shape. Requiring claim 8, the limitation “the heating member comprises a heater generating heat by electric power supplied from an external control module” (ln. 1-2) is unclear if the claim is requiring the “external control module” itself. For the purposes of examination, the “external control module” will not be interpreted as being required by claim 8. 07-34-23 Additionally , claim limitation “an external control module” (claim 8) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Paragraphs [21], [46], [63], [65], [66], and [67] all reference a “control module,” but provide no structure for the control module (e.g. processor, memory, etc). Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Any remaining claims are rejected as being dependent upon a rejected base claim. Claim Rejections - 35 USC § 103 07-20-aia AIA 10. 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 of this title, 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. 07-20-02-aia AIA 11. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA 12. Claim s 1-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ku (KR 101479521, translation accompanying this Office Action) in view of Carlson (2014/0012168) . Regarding claim 1, Ku discloses a massage module (Fig. 2 depicts a massage module that is a subcomponent of a larger massage chair depicted in Fig. 1) having a heating function (Fig. 7, heater 50 provides a “heating function”) comprising: a module base mounted in a massage apparatus (Figs. 1-2, moving plate 100 is mounted within a massage chair); a massage driving unit mounted on the module base to provide at least one among driving forces for vibration, linear motion, rotational motion, and massage position adjustment for massaging a user's body (Fig. 2, driving motor 110 with driving gears 120 provides upward and downward linear motion along the chair); a unit bracket connected to the massage driving unit (Fig. 2, arm bracket 20. See annotated Fig. 6 below for convenience); and a massage unit mounted on the unit bracket to apply pressure and heat to the user's body (Fig. 3 depicts an assembled “massage unit” mounted on arm bracket 20), wherein the massage unit comprises: a support shaft member made of a thermally conductive material, and fixed to the unit bracket (Fig. 6, shaft 30 transfers heat from the heater 50 to the heated ball 10. Therefore, shaft 30 must be made of a “thermally conductive material.” Shaft 30 is fixed to the arm bracket 20; a heating member for transferring heat to the support shaft member (Fig. 6, PTC heater 50); a cushion member having an opening formed in the middle thereof so that the support shaft member is inserted thereinto, rotatably mounted on the outer surface of the support shaft member to apply pressure to the user's body (Fig. 6, heated ball 10 is a “cushion member” having an opening to receive shaft 30. See also Fig. 4 for a cross-sectional view of shaft 30 being inserted into an opening of heated ball 10. The Abstract discloses that heated ball 10 is supported to be rotated by shaft 30); and a reinforcing washer of a ring shape fit onto the support shaft member and getting in close contact with one axial side surface or both axial side surfaces of the cushion member to resist torsion stress applied to the cushion member (Figs. 4 and 6, shaft sleeve 40 serves as a “reinforcing washer.” Shaft sleeve 40 has a lower sleeve 42 that is a ring shape and is close contact to one side surface of the thermal ball 10). PNG media_image1.png 395 627 media_image1.png Greyscale Ku does not disclose a ring-shaped insert member made of a thermally conductive metal material and inserted into the inner circumferential surface of an opening of the cushion member. However, Carlson teaches a massage device comprising a cushion member (Fig. 8, raised member 604 having a pliable surround 804; see [0080]. See annotated Fig. 8 below for convenience). This cushion member additionally has a ring-shaped insert member made of a thermally conductive material (Fig. 8, insert 802. [0080] discloses that the insert may be made of metal, which would be thermally conductive), wherein the insert is inserted into the inner circumferential surface of an opening of the cushion member (Fig. 8 depicts the insert 802 as inserted into the inner circumferential surface of the opening formed by the pliable surround 804). The insert 802 provides the cushion member with extra support to avoid collapse when applied to a user’s body during massage treatment. PNG media_image2.png 400 501 media_image2.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner circumferential surface of the opening of the thermal ball of Ku to have a ring-shaped insert made of metal as taught by Carlson. This would provide extra support to the thermal ball of Ku to help prevent collapse of the ball when applied to a user’s body during a massage. The use of a metal insert would maintain the thermal transfer property of the thermal ball so that the user would continue to receive heat treatment during the massage. Regarding claim 2, the modified massage module of Ku has the reinforcing washer comprising a first reinforcing washer disposed to be in close contact with one side surface of the cushion member facing the unit bracket (Ku, Fig. 4, lower sleeve 42 is in close contact with the side surface of thermal ball 10 that faces the bracket 20), and a second reinforcing washer disposed between the other side surface of the cushion member and an end portion of the supporting shaft member (Ku, Fig. 4, upper sleeve 41 is located between the other side surface of thermal ball 10 and the end of shaft 30). Regarding claim 3, the modified massage module of Ku has a first protection member of a ring shape fit onto the support shaft member (Ku, see annotated Fig. 6 below (zoomed in), which annotated a “first protection member” attached to one side of shaft 30), and getting in close contact with the outer surface of the first reinforcing washer to prevent abrasion and deformation of the first reinforcing washer (Ku, Fig. 4, the assembled massage unit depicts the first “stepped” portion of shaft 30 as the “first protection member.” This portion is in close contact with lower sleeve 42 (i.e. “the first reinforcing washer”)). PNG media_image3.png 504 564 media_image3.png Greyscale Regarding claim 4, the modified massage module of Ku has a heat transfer cover mounted between the outer surface of the first protection member and the unit bracket to receive heat from the support shaft member and transfer the heat to the user's body (Ku, annotated Fig. 6 above (zoomed in), depicts shaft 30 additionally having a cover that is mounted between the “first protection member” and the bracket 20. As a subcomponent of shaft 30, this cover would also transfer heat generated by heater 50 to any part of the user’s body that is contacting the cover). Regarding claim 5, the modified massage module of Ku has the heat transfer cover comprising a cover guard formed in a circumferential direction at an edge portion thereof to accommodate and conceal the end portion of the unit bracket (Ku, Fig. 7 depicts the cover portion of shaft 30 as formed in a “circumferential direction” at an edge portion. Fig. 3 depicts the cover portion of shaft 30 covering the bracket 20), and the outer surface of the cover guard has a curved surface inclined downward toward the unit bracket (Ku, Figs. 6-7 shows this configuration of a curved surface inclined downward toward the bracket 20). Regarding claim 6, the modified massage module of Ku has the support shaft member comprising a cylindrical body portion of which one end portion is fixedly coupled to the unit bracket (Ku, Fig. 6, shaft 30 is connected to the bracket 20 at one end), and a flange portion protruding radially outward to the other end portion of the body portion (Ku, Fig. 6, the heads of the fastening bolts 65 are considered “flange portions” of the shaft and protrude radially outward), and wherein a second protection member of a ring shape is mounted between the second reinforcing washer and the flange portion to prevent abrasion and deformation of the second reinforcing washer (Ku, heat insulating cover 50 is a ring shape and serves as a “protection member.” It is located between upper sleeve 41 and the heads (i.e. flange portions) of the bolts 65 and would serve to protect the supper sleeve 41 from abrasion and deformation). Regarding claim 7, the modified massage module of Ku has the heating member inserted into a space formed in the support shaft member (Ku, Figs. 4, 6-7 depict the heater 50 as inserted into the shaft 30). Regarding claim 9, the modified massage module of Ku has the insert member comprising a circular ring-shaped inner contour portion mounted along the inner circumferential surface of the opening of the cushion member to be exposed to the outside, an insert portion formed on the outer circumferential surface of the inner contour portion, inserted into the cushion member, and having a plurality of through holes arranged in the circumferential direction so that a portion of the cushion member can be inserted, and protrusion ribs arranged on the insert portion to be spaced apart at a predetermined interval in the circumferential direction of the insert portion (Carlson, see annotated Fig. 8 below for labeling of all claimed components) . PNG media_image4.png 397 501 media_image4.png Greyscale 07-21-aia AIA 13. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ku in view of Carlson, as applied to claim 7 above, in view of Chang (2020/0246520) . Regarding claim 8, the modified massage module of Ku has the heating member comprising a heater generating heat by electric power supplied from an external control module (Ku, Fig. 6, heating member 50 generates heat via electrical power from some type of control module external to the massage unit). The modified massage module of Ku does not have a temperature sensor measuring temperature to control the operation of the heater, and a bimetal for automatically cutting off power supply to the heater when the support shaft member is heated beyond a predetermined temperature due to a failure of the temperature sensor and restarting power supply to the heater when the support shaft member is cooled below a predetermined temperature. However, Chang teaches a massaging device having a heating function (Fig. 2, abstract), wherein the device has a temperature sensor measuring temperature to control the operation of the heater ([0044] discloses temperature sensor 92 an associated control unit) and a bimetal for cutting off power supply to the heater when the temperature is beyond a predetermined temperature ([0046]). Chang additionally teaches restarting power to the heater when the support shaft member fools below a predetermined temperature ([0044]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the modified massage module of Ku to have a temperature sensor for controlling the temperature of the heater (and thus the shaft) as taught by Chang to avoid burning the user. It would have additionally been obvious to include a bimetal to shut off power to the heater if the temperature rises above a set predetermined temperature to prevent burning the user in the case the temperature sensor and control system fails. Conclusion 14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A STANIS whose telephone number is (571)272-5139. The examiner can normally be reached on Mon - Fri 8:30-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached on 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TIMOTHY A STANIS/Primary Examiner, Art Unit 3785 Application/Control Number: 18/021,172 Page 2 Art Unit: 3785 Application/Control Number: 18/021,172 Page 3 Art Unit: 3785 Application/Control Number: 18/021,172 Page 4 Art Unit: 3785 Application/Control Number: 18/021,172 Page 5 Art Unit: 3785 Application/Control Number: 18/021,172 Page 6 Art Unit: 3785 Application/Control Number: 18/021,172 Page 7 Art Unit: 3785 Application/Control Number: 18/021,172 Page 8 Art Unit: 3785 Application/Control Number: 18/021,172 Page 9 Art Unit: 3785 Application/Control Number: 18/021,172 Page 10 Art Unit: 3785 Application/Control Number: 18/021,172 Page 11 Art Unit: 3785 Application/Control Number: 18/021,172 Page 12 Art Unit: 3785 Application/Control Number: 18/021,172 Page 13 Art Unit: 3785 Application/Control Number: 18/021,172 Page 14 Art Unit: 3785 Application/Control Number: 18/021,172 Page 15 Art Unit: 3785 Application/Control Number: 18/021,172 Page 16 Art Unit: 3785 Application/Control Number: 18/021,172 Page 17 Art Unit: 3785