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 Objections
Claim 1, 3, 4, 6, 9, 12, 13, 14 are objected to because of the following informalities:
Independent claim 1 recites “a massage setting”, and “said user-selected setting”, independent claim 12 recites “user selection of a setting” and “said user-selected setting”. Dependent claims 3, 4, 6, 9, 13, and 14 recites “said setting” or “the setting”. It is suggested for the independent claims to read “a user-selected setting” and the dependent claims to read “the user-selected setting”, to clearly show that it is the same setting being referenced to throughout the claims.
Appropriate correction is required.
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) 1-8, 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buchner Santos et al. (US20160175185), hereafter Buchner, in view of Vandenbelt et al. (US5704902), hereafter Vandenbelt, further in view of Huang (CN203564165, machine translation accessed 9/29/2025), hereafter Huang.
Regarding Claim 1, Buchner discloses a massage device (Fig. 1, device 1) comprising: - a massage head (Fig. 5, massage head 15) comprising at least one massage element (Fig. 5, element 17) intended to come into contact with the area to be massaged (par. 0059, “the elements 17 are pressed against the skin”), - an actuator enabling activation of said at least one massage element (par. 0042, “a motor 4… These components are all interconnected in order to drivingly rotate a drive shaft 7”) according to a rotational movement around a first axis (par. 0042, axis of rotation A-A “a motor 4, a vibrator 5 and a controller 6. These components are all interconnected in order to drivingly rotate a drive shaft 7, which has an axis of rotation A-A”),
Buchner is silent on a first selection interface allowing a user to select an automatic or manual operating mode of the device, said automatic operating mode providing a treatment cycle for the area to be massaged, - a second selection interface allowing a user to select a parameter related to the automatic operation mode of the device and representative of a massage setting
However, Vandenbelt teaches a massage device (device 10 in Fig. 1A) for massaging an area of a person (Abstract) comprising: a control system (system shown in Fig. 1B) having - a first selection interface (See Fig. 1B, col. 3, line 52-53, “angular positions 20, 22 that correspond to the manual and automatic angular positions”) allowing a user to select an automatic or manual operating mode of the device (col. 1, line 44-46, “allows the user to select an "off" state and one of two modes of operation (dual function), "manual" or "automatic,"”), said automatic operating mode providing a treatment cycle for the area to be massaged (col. 3, line 27-31, “an "automatic" mode, where the combination massaging and actuator pad only begins to vibrate at user selectable low and high speeds when pressure is externally applied”). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known massage device of Buchner, with the control system of Vandenbelt, and include a rotational switch to provide control of mode of operation as taught by Vandenbelt (Vandenbelt, Abstract).
The modified Buchner is still silent on a second selection interface allowing a user to select a parameter related to the automatic operation mode of the device and representative of a massage setting.
However, Huang teaches a massage device (Fig. 1), comprising of a massage head (Fig. 1, brush head 4), comprising a massage element (Fig. 3, par. 0031, the bristles of the brush head 4). And an actuator enabling activation of said at least one massage element (Fig. 1, par. 0030, bidirectional motor 1), the massage device has an automatic operation mode (par. 0053-0056, the motor automatically operates after selecting with a switch), and an interface allowing a user to select a parameter related to the automatic operation mode of the device and representative of a massage setting (par. 0030, “The mode selection switch 2 can control the bidirectional motor 1 to realize forward rotation and reverse rotation”; par. 0053-0056 discloses selecting the direction of rotation depending on the left/right side of the face being massaged, see Fig. 6). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Buchner, with the control system of interface of Huang, and have a second interface to control the operation parameters of the device, to select the initial direction of rotation so the patient can select which side of the face to be treated first as taught by Huang (Huang, par. 0053-0056).
The modified Buchner further discloses characterized in that the device further comprises - a controller (Buchner, par. 0042, controller 6) automatically selecting a first mode or a second mode of operation of the automatic operation of the device (Buchner, par. 0063, a mode of operation is automatically selected when the device starts; Fig. 8, two modes of operation are disclosed as shown in Fig. 8a and 8c, rotating in direction K and L), depending on said user-selected setting (Examiner Notes: After the modification, the direction of rotation will be depending on the user selected setting with the interface of Huang), said first mode and second mode each being associated with a particular operation of the actuator (Buchner, par. 0042, “…drivingly rotate a drive shaft 7, which has an axis of rotation A-A, in either a clockwise or anti-clockwise direction about said axis (i.e. in the direction of arrows X or Y in FIG. 1)”), said first operating mode and second operating mode each being associated with a different direction of rotation of said at least one massage element (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction, as indicated by arrow K… The controller 6 will then rotate the massaging head 15 in the opposite direction”).
Regarding Claim 2, the modified Buchner discloses the massage device according to claim 1, wherein the actuator comprises an electric motor (Buchner, par. 0042, a motor 4).
Regarding Claim 3, the modified Buchner discloses the massage device according to claim 1, wherein the massage device is a facial massage device (Buchner, par. 0041, “the massaging device of the invention will be used primarily to massage facial and eye areas”), said setting is representative of the left or right side of the face to be massaged that the user wishes to treat first (Examiner Notes: Buchner par. 0063 discloses the device rotates in one direction to treats one side of the face first then change direction to treat the other side, Huang par. 0053-0056 teaches a user selected setting that controls the direction of the motor rotation depending on which side of the face is being treated; therefore, the setting represents the side of the face to be treated first), said setting then being able to have a first value representative of a priority treatment on the left side of the face or a second value representative of a priority treatment on the right side of the face (Buchner Fig. 8, par. 0063; Huang, par. 0053-0056 a first and a second value representative of a priority treatment inherently exists within the controller when making the selection), the controller comprising said setting as well as said first value and said second value (See Buchner par. 0063, Huang, par. 0053-0056).
Regarding Claim 4, the modified Buchner discloses the massage device according to Claim 3, wherein said first mode is associated with the anticlockwise direction of rotation if the setting has the first value, and said second mode is associated with the clockwise direction of rotation if the setting has the second value (Examiner Notes: Buchner par. 0042 discloses the motor rotates in a clockwise or an anti-clockwise direction; par. 0063 discloses the first and second mode of rotation, corresponding to a first and second direction; After the modification, the first and second setting corresponds to the first and second mode, which then are associated with the anti-clockwise and clockwise direction of rotation; See Buchner Fig. 8, in the first mode 8a, the device is applied to the left face and the device rotates anticlockwise from the user’s view; in the second mode 8c, the device is applied to the right face and the device rotates clockwise from the user’s view).
Regarding Claim 5, the modified Buchner discloses the massage device according to Claim 1, wherein the device comprises a first timer designed to be triggered by the controller when the user selects the automatic operating mode of the device (Buchner, par. 0063, “The controller 6 of the massaging device 1 according to any embodiments of the invention may incorporate a timer and may control operation of the device according to a massaging program. Upon initial switching on of the device 1, the massaging head may rotate in a first direction…”; the prior art discloses a timer that automatically starts upon the start of the operation).
Regarding Claim 6, the modified Buchner discloses the massage device according to Claim 5, wherein the controller is designed to turn off the device when the first timer exceeds a first threshold time without the user having to select said setting (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction… for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping”; the prior art discloses the timer runs for a predetermined period of time before stopping).
Regarding Claim 7, the modified Buchner discloses The massage device according to claim 1, wherein the device comprises a first mode timer and a second mode timer, designed to be triggered by the controller respectively upon selection of the first mode or the second mode (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction, as indicated by arrow K, for a predetermined period of time (a)… The controller 6 will then rotate the massaging head 15 in the opposite direction, as indicated by arrow L, for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping.”; a first and second mode timer are disclosed; Huang, par. 0053-0056 discloses selection of first mode or second mode).
Regarding Claim 8, the modified Buchner discloses the massage device according to Claim 7, wherein the controller is designed to, respectively, turn off the first mode when the first mode timer exceeds a first mode threshold time (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction, as indicated by arrow K, for a predetermined period of time (a)… When that initial period of time has expired, the controller 6 will briefly pause rotation of the massaging head 15”), and, turn off the second mode (RD) when the second mode timer (TD) exceeds a second mode threshold time (td) (Buchner, par. 0063, “The controller 6 will then rotate the massaging head 15 in the opposite direction, as indicated by arrow L, for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping”).
Regarding Claim 11, the modified Buchner discloses the massage device according to Claim 1, wherein the first selection interface comprises a switch with three different positions (Vandenbelt, Fig. 1B shows the switch): - A first position associated with turning the device off (Vandenbelt, Fig. 1B col. 3, line 50-54, an “off” angular position) - A second position associated with the automatic operating mode of the device - A third position associated with the manual operating mode of the device (Vandenbelt, Fig. 1B, col. 3 line 50-54, “angular positions 20, 22 that correspond to the manual and automatic angular positions”).
Regarding Claim 12, Buchner discloses a non-therapeutic massage method (par. 0004-0005) comprising the following steps: a) providing a massage device (par. 0005, “provided a powered massaging device”).
Buchner is silent on b) user selection of an automatic mode of the device offering a massage cycle
However, Vandenbelt massage method (Abstract), comprising of providing a massage device (Fig. 1), a step of user selection of an automatic mode of the device offering a massage cycle (col. 1, line 44-46, “allows the user to select an "off" state and one of two modes of operation (dual function), "manual" or "automatic,"”; col. 3, line 27-31). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known method of Buchner, with the step of user selection of Vandenbelt, and include an user selection to provide control of mode of operation as taught by Vandenbelt (Vandenbelt, Abstract).
The modified Buchner is still silent on d) user selection of a setting related to the automatic operating mode of the device.
However, Huang further teaches a massage device control method (par. 0053-0056), comprising of providing a massage device (Fig. 1), an automatic operating mode (par. 0053-0056, the motor automatically operates after selecting with a switch), and a step of user selection of a setting related to the automatic operating mode of the device (par. 0030, “The mode selection switch 2 can control the bidirectional motor 1 to realize forward rotation and reverse rotation”; par. 0053-0056 discloses selecting the direction of rotation depending on the left/right side of the face being massaged, see Fig. 6). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known method of Buchner, with the step of selecting operating setting of Huang, to select the initial direction of rotation so the patient can select which side of the face to be treated first as taught by Huang (Huang, par. 0053-0056).
The modified Buchner further discloses e) automatic selection of a first operating mode or a second operating mode of the automatic operation of the device (Buchner, par. 0063, a mode of operation is automatically selected when the device starts; Fig. 8, two modes of operation are disclosed as shown in Fig. 8a and 8c, rotating in direction K and L), based on said user-selected setting (Examiner Notes: After the modification, the operation of the device will be depending on the user selected setting, see Huang, par. 0053-0056), said first mode and second mode each being associated with a particular operation of an actuator (Buchner, par. 0042, a motor 4) enabling the activation (Buchner, par. 0042, “…drivingly rotate a drive shaft 7, which has an axis of rotation A-A, in either a clockwise or anti-clockwise direction about said axis (i.e. in the direction of arrows X or Y in FIG. 1)”), according to a rotational movement around a first axis, (Buchner, par. 0042, “drivingly rotate a drive shaft 7, which has an axis of rotation A-A”) of at least one massage element intended to come into contact with the area to be massaged (Buchner, Fig. 5, elements 17, par. 0059, “the elements 17 are pressed against the skin”), said first mode and second mode being associated each with a different direction of rotation of said at least one massage element (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction, as indicated by arrow K… The controller 6 will then rotate the massaging head 15 in the opposite direction”).
Claim(s) 9, 10, 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buchner in view of Vandenbelt, in view of Huang, Further in view of Kern (US20160045081), hereafter Kern.
Regarding Claim 9, the modified Buchner discloses the massage device according to Claim 1, but is silent on wherein the device comprises an indicator representative of the setting to be selected or selected by the user.
However, Kern teaches a massage device (Fig. 1A), comprising of a massage head (Fig. 1F, cleansing head 140), comprising a massage element (Fig. 1A, par. 0047, cleansing feature 160). And a control system (Fig. 6, par. 0088, control system 500), an actuator enabling activation of said at least one massage element (Fig. 6, electric motor 522), the massage device has an automatic operation mode (par. 0081, “In some embodiments, the user can select (via a control situated on the handle) a skin cleansing program, wherein the timer and automatic shut off are programmed”), and interface allowing a user to select a parameter related to the automatic operation mode of the device and representative of a massage setting (par. 0088, “a control system 500 (see FIG. 6) that allows the user to turn the device on and off and, in some embodiments to make selections of operating parameters”; par. 0090, “a motor interface 520 by which it delivers selected amounts and potentially changeable patterns of electrical power and/or actuation signals to the electrical motor 522.”). Kern further teaches an indicator representative of the setting to be selected or selected by the user (Kern, par. 0089, “a beep or other indicator may indicate to the user to move on to a new treatment zone on a multi-zone skin area to be treated… The controller circuitry 510 also may optionally include a display driver 514 that controls, text or graphics or other visual signals presented to a user on an optional display 530”). The modified Buchner already discloses the user selected setting corresponds to different treatment zone of the face (Buchner, par. 0063). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Buchner, with the indicator of Kern, to notify the user when to change the area of treatment on the skin and display corresponding information to the user as taught by Kern (Kern, par. 0089).
Regarding Claim 10, the modified Buchner discloses the massage device according to Claim 9, wherein said second selection interface comprises said indicator (Kern, par. 0089, the indicator is part of the interface allowing a user selection of a parameter related to the automatic operation mode and therefore a part of the second interface, see rejection for claim 9 above).
Regarding Claim 13, the modified Buchner discloses the massage method according to Claim 12, but is silent on wherein said step of selecting an automatic mode b) comprises a step of activating an indicator representative of the setting to be selected.
However, Kern teaches a massage method (Fig. 7), comprising of providing a massage device (Fig. 1A), a control system (Fig. 6, par. 0088, control system 500), an actuator enabling activation of said at least one massage element (Fig. 6, electric motor 522), the massage device has an automatic operation mode (par. 0081, “In some embodiments, the user can select (via a control situated on the handle) a skin cleansing program, wherein the timer and automatic shut off are programmed”), user selection of a setting related to the automatic operating mode of the device (par. 0088, “a control system 500 (see FIG. 6) that allows the user to turn the device on and off and, in some embodiments to make selections of operating parameters”; par. 0090, “a motor interface 520 by which it delivers selected amounts and potentially changeable patterns of electrical power and/or actuation signals to the electrical motor 522.”). Kern further teaches a step of activating an indicator representative of the setting to be selected (Kern, par. 0089, “a beep or other indicator may indicate to the user to move on to a new treatment zone on a multi-zone skin area to be treated… The controller circuitry 510 also may optionally include a display driver 514 that controls, text or graphics or other visual signals presented to a user on an optional display 530”). The modified Buchner already discloses the user selected setting corresponds to different treatment zone of the face (Buchner, par. 0063). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Buchner, with the step of activating an indicator of Kern, to notify the user when to change the area of treatment on the skin and display corresponding information to the user as taught by Kern (Kern, par. 0089).
Regarding Claim 14, the modified Buchner discloses the massage method according to Claim 13, said method further comprising, following the step of selecting an automatic mode b), the following time verification step (Buchner, par. 0063): c) triggering a first timer and, when the value of said first timer exceeds a first threshold time without the user having selected said setting, turning off the device (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction… for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping”; the prior art discloses the timer runs for a predetermined period of time before stopping).
Regarding Claim 15, the modified Buchner discloses the massage method according to Claim 13, wherein the automatic selection step e) comprises, for each of the first mode or second mode, triggering, respectively, a first mode timer or a second mode timer when selecting said mode (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction, as indicated by arrow K, for a predetermined period of time (a)… The controller 6 will then rotate the massaging head 15 in the opposite direction, as indicated by arrow L, for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping.”; a first and second mode timer are disclosed; Huang, par. 0053-0056 discloses selection of first or second mode), and maintaining said first mode or second mode as long as the first mode timer or second mode timer does not exceed, respectively, a first mode threshold time (Buchner, par. 0063, “Upon initial switching on of the device 1, the massaging head may rotate in a first direction… for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping”) or a second mode threshold time (Buchner, par. 0063, “The controller 6 will then rotate the massaging head 15 in the opposite direction, as indicated by arrow L, for a further predetermined period of time for massaging the other side of the face, i.e zone z2, before stopping”).
Conclusion
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Supervisory Patent Examiner, Art Unit 4100