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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, received 10/30/2025.
Information Disclosure Statement
The information disclosure statement (IDS) dated 12/02/2025 have been received and considered.
Response to Amendment
The amendment filed 01/29/2026 has been entered. Claims 1-2 and 4-13 remain pending in the application. Applicant’s amendments to the claims have overcome the 112(b) rejections previously set forth in the Non-Final Office Action mailed 09/26/2025.
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 01/29/2026, with respect to the rejection(s) of claim a under 35 U.S.C. 102(a)(1) over Wang have been fully considered and are persuasive in light of the newly amended claims. However, upon further consideration of the amended claims, a new ground(s) of rejection is made in view of Wang in view of Moritomo. Please refer to the updated rejection below.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as unpatentable over Wang et al. (US 9532920 B2), hereafter Wang, in view of Moritomo (US 2019/0307634 A1), hereafter Moritomo.
Regarding Claim 1, Wang discloses a use state-switchable massage device (figs. 9A and 9B, col. 3 lines 45-46) comprising: a backrest part (fig. 9A, chair back 21, col. 4 line 2) having a first support surface for supporting a user's upper body (fig. 9A, back section 13, col. 4 lines 8-9), and a massage module for massaging the user's upper body (fig. 9A, massage provider 3, col. 4 line 21) while moving along the first support surface (fig. 9A, col. 4 lines 21-23), wherein the backrest part is rotatable (figs. 9A and 9B, col. 4 lines 33-42) so as to be switched between a first state in which the user is sitting (sitting state is fig. 9A) and a second state in which the user is lying down (lying down state is fig. 9B); and a seat part having a second support surface for supporting the user's lower body (fig. 9A, chair seat 22, col. 4 line 1); wherein the massage module is configured to massage the user's upper body in the first state (fig. 9A, the massage provider 3 is located at the seat back 13 to touch massage surface 211, seen in fig. 4, col. 4 lines 26-30) and to massage the user's upper and lower body in the second state (fig. 9B, the massage provider 3 is additionally provided to section 14 to massage the buttock, col. 4 lines 62-64) ; wherein the backrest part includes an extension member (fig. 9A, buttock section 14, col. 4 line 11) extending along the first support surface (this configuration is shown in fig. 9A and fig. 5, col. 3 line 61) so that the massage module is configured to move to the user's lower body in the second state (as seen in fig. 9B); and wherein the seat part includes an insertion groove (fig. 7, flat plate 47 used to support chair seat 22 has a gap, col. 5 lines 44-48) into which the extension member is inserted in the second state (fig. 10, the gap in flat plate 47 accommodates massage provider 3 as it travels along buttock section 14), wherein each of the backrest part and the extension member is provided with a rail member extending along a moving direction of the massage module (fig. 10, main frame having back section 13 and buttock section 14 has a rail 11 along its length, col. 4 lines 6-8).
Wang is silent on the second state being arranged so that the first support surface of the extension member and the second support surface of the seat part are arranged on the same plane (fig. 9B, 13 and 22 are shown in the reclined position, col. 6 lines 34-36; however, the backrest 13 and buttock portion 14 are shown in a contoured arrangement that is not planar ) nor the rail member extending in a straight line (the rail 11 is shown following the contour of backrest 13 and buttock portion 14, fig. 10).
However, Moritomo teaches a massage chair (fig. 2, massage unit 8 disposed on guide rail 18 [0037]) which may be repositioned from a first position (raised posture, fig. 4) to a second position (reclining posture, fig. 4) in which a first support surface (fig. 2 and fig. 4, backrest unit 3 [0033]) is substantially horizontal to a second support surface (figs. 2 and 4, seat unit 2[0033]; horizontal arrangement shown in fig. 4 [0034]). The configuration of fig. 4 shows the first support surface (backrest unit 3 [0034]) arranged in the same plane as the second support surface (fig. 4, seat unit 2 [0034]) and the rail member is in a straight line (fig. 2 top view [0007], fig. 4 side view [0009]). Moritomo’s massage unit is able to adjust up and down to massage the user relative to the body regardless of the backrest position ([0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange Yang’s first support surface and the second support surface in the second position on the same plane and similarly arrange Yang’s rail member to extend in a straight line with a massage unit that is able to adjust up and down as taught by Moritomo, as an art-recognized configuration to massage the user’s body in a variety of postures (Moritomo [0034]). Since Moritomo’s massage unit can adjust up and down, the straight rail and planar arrangement of the first and second support surfaces would be equally able to provide a massage to the user relative to their position (Moritomo [0039]).
Regarding Claim 2, Wang discloses a use state-switchable massage device according to claim 1, wherein in the first state (fig. 9A), the first support surface (13) and the second support surface (22) are arranged such that the first support surface is inclined with respect to the second support surface and the first support surface and the second support surface form a first angle therebetween (fig. 9A, 13 and 22 are angled for a seated position, col. 6 lines 27-29), and in the second state, the first support surface and the second support surface are arranged on the same plane (fig. 9B, 13 and 22 are shown in the reclined position, col. 6 lines 34-36; as modified by Moritomo, the track is arranged in a straight line and 13 and 14 are in the same plane).
Claims 4, 5, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Moritomo, further in view of Yamanaka (JP 2000225160 A), hereafter Yamanaka. A machine translation is relied upon to address claims.
Regarding Claim 4, Wang discloses a use state-switchable massage device according to claim 1, wherein the massage device further includes a hinge part (hinge part includes, in part, fig. 9A, first rotating center 41 and swing bar 42, col. 5 lines 62-65) for hingedly fixing the backrest part so that the backrest part can rotate about a hinge point (figs. 9A and 9B, rotating center 41, col. 4 lines 38-42).
However, Wang is silent on the hinge point being spaced upward from the second support surface.
Yamanaka teaches a massage chair having a reclining back rest relative to a seat portion which includes a hinge point (fig. 2, back rest portion 2, seat portion 1 [0012], shaft 34 [0029]) that is shown spaced upward from the second support surface (seat portion 1, fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the hinging rotation mechanism of Wang’s seat and back to that taught by Yamanaka since both disclosures demonstrate a reclining mechanism that predictably rotates the back of a massage chair seat to a reclining position.
Regarding Claim 5, the modified Wang discloses a use state-switchable massage device according to claim 4, wherein the hinge part includes: a first support bar extending upward from the second support surface (fig. 1, plate 12 [0025] is supported on the base frame 9 and is shown extending upward from the seat surface 1) so that the hinge point is disposed at a position spaced upward therefrom (fig. 2, 34 is shown positioned at the top portion of 33); and a second support bar connecting the hinge point and the backrest part so that the backrest part can rotate about the hinge point (fig. 2, arm 33 is extending upward from the seat surface 1 [0025]).
Regarding Claim 13, Wang discloses a use state-switchable massage device according to claim 1, but does not explicitly disclose wherein the seat part includes a cover member supporting the user's lower body to prevent the user’s lower body from falling into the insertion groove in the first state.
However, Yamanaka teaches a similarly configured reclining back rest with a seat having an insertion groove (best seen on fig 1, dashed lines indicated with opening 32 [0024]) which is covered with a cushion (fig. 1, seat cushion material 7 [0013] and in fig. 4, fabric 16 [0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Wang’s seat cover member supporting the user’s lower body to prevent it from falling into the insertion groove in a first state, as taught by Yamanaka, in order to make the seat comfortable (Yamanaka [0015]).
Claim 6 is rejected under 35 U.S.C. 103 as unpatentable over Wang, Moritomo, and Yamanaka, further in view of CN 108743210 A, hereafter CN’210. A machine translation is relied upon to address claims.
Regarding Claim 6, the modified Wang discloses a use state-switchable massage device according to claim 4, wherein the hinge part includes: a first guide bar provided in the backrest part (Yamanaka fig. 4, 33 [0025]) and a first guide plate provided in the seat part (Yamanaka fig. 4, plate 12 [0025]) and having a first guide hole providing a movement path of the first guide bar (Yamanaka fig. 4, the hole in plate 12 where 34 inserts [0025]).
However, the modified Wang is silent on wherein the first guide hole has the same curvature as a concentric circle centered on the hinge point.
CN’210 teaches a reclining chair which also has a hinge part spaced upward from the seat (fig. 2, hinge part includes 212, 222 and rotates about axis C1, page 5 second para.). The hinge part includes a first guide bar provided in the back rest part (fig. 2, limiting shaft 213 is located in the curved portion 211, page 5 third para.), and a first guide plate provided in the seat part (fig. 2, second hinge plate 22, page 5 second para.), and having a first guide hole (fig. 2, slotted hole 221, page 5 third para.) providing a movement path of the first guide bar (fig. 2, limiting shaft 213 rotates through slotted hole 221, page 5 third para.), wherein the first guide hole has the same curvature as a concentric circle centered on the hinge point (fig. 2, hinge point is located at C1 and the path of slotted hole 221 follows the same curvature to allow the seat back to rotate, page 5, third para.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a slotted hole and a guide plate into the modified Wang in the manner taught by CN’210 in order to limit the range of angles through which the backrest can adjust relative to the seat to align with the range of the user’s waist (CN’210 page 5 third para.). In addition, the configuration taught by Wang would have also been obvious to substitute since the mechanism allows the back rest to rotate relative to the seat equally well as the modified Wang.
Claims 7-12 are rejected under 35 U.S.C. 103 as unpatentable over Wang and Moritomo, further in view of CN 102371918 A, hereafter CN’918. A machine translation is relied upon to address claims.
Regarding Claim 7, Wang discloses a use state-switchable massage device according to claim 1, but is silent on wherein the massage device further includes a tilting part for rotating the seat part so that a second angle is formed between the first support surface and the second support surface.
CN’918 teaches a reclining seat (figs. 13-15, page 1, “Background Technique” para.) which includes a tilting part for rotating the seat part (fig. 13, the tilting part includes 15, 17, 19, and 20, page 5 third full para.) so that a second angle is formed between the first support surface and the second support surface (figs. 13 and 15 show a different slope of the seat part 12 between the upright seated position and the reclined position, page 5 third full para.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang’s reclining mechanism and seat to include the mechanism taught by CN’918 so as to prevent the backrest from shifting significantly in position relative to the user’s body from the seated position to the reclined position, which is safer for the user (CN’918 page 9, second full para.).
Regarding Claim 8, the modified Wang discloses a use state-switchable massage device according to claim 7, wherein in the first state, the tilting part is configured to rotate the seat part so that the rear of the seat part is positioned at a lower position than the front of the seat part and thus the seat part is inclined upward (as modified by CN’918, see fig. 14 where the rear of the seat portion 12 is lower than the front), and in the second state, the tilting part is configured to rotate the seat part so that the front and rear portions of the seat part are positioned at the same height and thus the seat part is horizontally arranged (Wang fig. 9B shows the back rest in the second position; as modified by CN’918, the adjustable tilt of the seat allows the seat to be positioned such that the front and rear are at the same height and thus horizontally arranged, fig. 15, page 9 second full para.).
Regarding Claim 9, the modified Wang discloses a use state-switchable massage device according to claim 8, wherein the tilting part may include: a second guide bar provided at the rear of the seat part (CN’918, fig. 13, connecting shaft 15, page 5 third full para.); and a second guide plate (fig. 13, seat base portion 14, page 5 third full para.) provided with a second guide hole (fig. 13, V-shaped groove 17, page 5, third para.) providing a movement path of the second guide bar (figs. 13-15, page 5 third para.), wherein the second guide hole is formed along a height direction so that the rear of the seat part is configured to move in the height direction (figs. 13-15, there is a vertical portion of the V-shaped slot 17 so that the rear of the seat moves vertically as seen in fig. 15).
Regarding Claim 10, the modified Wang discloses a use state-switchable massage device according to claim 8, wherein the tilting part includes: a third guide bar provided at the front of the seat part (CN’918 fig. 13, third coupling shaft 19, page 5 third para.); a third guide plate (fig. 13, seat base portion 14, page 5, third para., having left armrest portion 29, fig. 6, page 6 third full para.) provided with a third guide hole (fig. 13, third guide groove 20, page 5 third para., see fig. 6 17b, page 6, 7th para.) providing a movement path for the third guide bar (figs. 13-15, guide bar 19 moves through groove 20, page 5 third para.); a fourth guide bar provided at the rear of the seat part (fig. 13, connecting shaft 15, page 5 third para.); and a fourth guide plate (fig. 6, right armrest 30 of base 14, page 6 third full para.) provided with a fourth guide hole providing a movement path for the fourth guide bar (figs. 13-15, V-shaped groove 17 provides the movement path for shaft 15, page 5 third para.; see fig. 6, 17a); wherein the third guide hole is formed along a front-rear direction so that the front of the seat part moves in the front-rear direction (fig. 13, 20 is formed horizontally in a front-rear direction); and wherein the fourth guide hole is formed along the height and front-rear directions so that the rear of the seat part moves in the height and front-rear directions (fig. 13-15, the V-shaped groove 17 has front-rear and vertical, or height, directions to allow the seat to move in both horizontal and vertical, as seen in fig. 15, page 5 third para.).
Regarding Claim 11, Wang discloses a use state-switchable massage device according to claim 1, but is silent on wherein in response to rotation of the backrest part to switch from the first state to the second state, a lower end of the backrest part is configured to move upward while lifting a rear end of the seat part so that the seat part is arranged horizontally.
CN’918 teaches a reclining seat which rotates the backrest from an upright state to a reclined state (figs. 13 and 15) in which the lower end of the backrest part moves upward while lifting the rear end of the seat part (fig. 15, shaft 15 connects grove 57 in the seat, best seen in fig. 10, with the hole in the seat back 25, best seen in fig. 4, page 7 second to last para.; so that as the back rest reclines, the seat becomes horizontal as seen in fig. 15, page 10 second para.).
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 seat of Wang’s chair to that taught by CN’918 to allow the seat to adjust in addition to the backrest for the comfort of the user (CN’918 page 10, last para.) as well as so as to prevent the backrest from shifting significantly in position relative to the user from the seated position to the reclined position, which is safer for the user (CN’918 page 9, second full para.).
Regarding Claim 12, the modified Wang discloses a use state-switchable massage device according to claim 11, but is silent on wherein the lower end of the backrest part is provided with a locking member supporting the rear end of the seat part in the second state.
CN’918 teaches that the reclining seat may be provided with a locking mechanism (not pictured; page 11, second and fourth paras., a locking pin may be provided and inserted in a through hole in the side walls 22, 23) to support the backrest in the desired reclined position, which would in turn support the rear end of the seat since the back rest and the seat are connected, in order to safely keep the seat in the desired reclined position (page 11, fourth para.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a locking member supporting the rear end of the seat part in the second (reclined) state as taught by CN’918 in order to safely support the user in the reclined position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 20090001302 A fig. 4 shows a flat configuration of a backrest and a seat of a massage chair.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785