DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
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.
Claims 9 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 9 & 10, respectively, recites the limitations “an upper roller bearing operably engaged with the vibration weight and the vibration transfer element; and a lower roller bearing operably engaged with the vibration weight and the vibration transfer element." and “ an upper support extending from a top end of the handle towards a bottom end of the handle opposite to the top end, a lower support extending from the bottom end of the handle towards the top end of the handle and an intermediate cavity defined between the upper support and the lower support.” There is insufficient antecedent basis for this limitation in the claim as claim 8 has canceled.
Response to Arguments
This office action is responsive to Request for Reconsideration filed on 03/03/2026. As directed by the amendment: claims 1 - 20 are pending, claims 7 – 8 were cancelled, no claims have been added & claims 1, 3, 6 & 20 have been amended.
Applicant’s arguments, see Page 8, filed 03/03/2026, with respect to claim objections have been fully considered and are persuasive. The objection of claims 3 & 6 has been withdrawn.
Applicant’s arguments, see Page 9 , filed 03/03/2026, with respect to the rejection(s) of claim(s) 1 – 3, 6, 12, 14- 16 & 18 – 19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously used references.
Applicant's arguments filed 03/03/2026 have been fully considered but they are not persuasive. Claims 4 -5, 7, 8 – 9, 10 – 11, 13, 17 & 20 continue to be rejected based on the rejection conducted to claim 1 based on previously used references.
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, 9, 12, 14 – 16 & 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (CA 3089244 A1) in view of Giraud et al. (US 20150305969 A1), Teixeira et al. (US 2010/0092916 A1) & Akihiko et al. (US 3364922 A).
Regarding claim 1, A myofascial release apparatus (MRA), comprising:
a handle (Abstract / Figure 2);
a motor 5 operably engaged with the handle and configured to generate a mechanical energy (Claim 1);
at least one head component 2 operably connected with the handle (Claim 1)
wherein the at least one head component 2 is removable from the handle (Figure 2) and the motor 5, and wherein the at least one head component 2 is configured to relieve at least one hyperirritable area via the vibrational energy (Page 3, Paragraph 2);
an electrical control assembly 5 & 6 electrically connected with the motor 5 for controlling said motor 5 (Claim 1 discloses the UP & DOWN switch and the Power switch);
Petersen does not disclose a drive assembly operably engaged with the motor and the handle and configured to generate a vibrational energy;
at least one head component operably connected with the drive assembly.
Giraud discloses a drive assembly 2 operably engaged with the motor 6 and the handle and configured to generate a vibrational energy. (Paragraph 0121 / Figure 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to include a drive assembly operably engaged with the motor and the handle and configured to generate a vibrational energy as it would allow the motor to activate a driving means that is designed to transmit the movement of the electric motor to the massaging elements of the of the massaging head. (Paragraph 0121)
Based on this modified Petersen discloses at least one head component 2 operably connected with the drive assembly 2 (Giraud).
Modified Petersen does not disclose a vibration transfer element operably engaged with the handle and the drive assembly, wherein the vibration transfer element is configured to transfer the vibrational energy from the drive assembly to the at least one head component.
However, Teixeira discloses a vibration transfer element 28 operably engaged with the handle 12 and the drive assembly 32 (Paragraph 0058), wherein the vibration transfer element 28 is configured to transfer the vibrational energy from the drive assembly 32 to the at least one head component 24 (Figure 6G / Paragraph 0055).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the male connector of Petersen to be a vibration transfer element operably engaged with the handle and the drive vibration assembly wherein the vibration transfer element is configured to transfer the vibrational energy from the drive assembly to the at least one head component as it would allow the male connector to connect to the female connector of the head assembly of Petersen and transfer the forced produces by a source of the mechanical vibration specifically when having different heads. This would allow every head to provide the same vibration to the user. (Paragraph 0055)
Modified Petersen does not disclose at least one spring connection of the drive assembly operably engaged with the motor;
and a vibration weight of the drive assembly spaced apart from the at least one head component and being operably engaged with the vibration transfer element and the at least one spring connection for generating the vibrational energy.
Akihiko discloses at least one spring 3 operably engaged with the motor 1 (Column 1, last paragraph)
a vibration weight 2 of the drive assembly 1 spaced apart from the at least one head component 4 and being operably engaged with the vibration transfer element 16 and the at least one spring 3 connection for generating the vibrational energy. (Column 1, last paragraph – Column 2, Paragraph 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Peterson to include at least one spring operably engaged with the motor and a vibration weight of the drive assembly spaced apart from the at least one head component and being operably engaged with the vibration transfer element and the at least one spring connection for generating the vibrational energy as it would allow the spring do the effect of protecting the motor by mitigating the transmission of vibrations from the vibrator to the motor while facilitating the vibration. (Column 2, First paragraph) The vibration weight is connected to the motor and is able to use the transfer element and spring to support the massage head rotatably to the motor. (Column 1, last paragraph)
Regarding claim 2, Modified Petersen discloses the apparatus as claimed in claim 1.
Modified Petersen discloses wherein the at least one head component 2 is configured to relieve the at least one hyperirritable area via the vibrational energy in one of interior to an oral cavity and exterior to the oral cavity (Page 3, Paragraph 2 – 4).
Regarding claim 3, Modified Petersen discloses the apparatus as claimed in claim 1.
Modified Petersen discloses the electrical control assembly. (as claimed in claim 1)
However, it does not expressly disclose a primary controller operably engaged with the motor and configured to enable the motor to generate the mechanical energy.
Giraud discloses a primary controller 10 operably engaged with the motor 6 and configured to enable the motor 6 to generate the mechanical energy. (Paragraph 0123)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to modify the electrical control assembly to add a primary controller operably engaged with the motor and configured to enable the motor to generate the mechanical energy as it would functionally control the determining of the rotational speed of the electric motor based on the appropriate massage that is to be performed by the massage head. (Paragraph 0123)
Modified Petersen does not disclose a head sensor switch electrically connected with the primary controller and configured to engage with the at least one head component;
wherein when the head sensor switch engages with the at least one head component, the head sensor switch is configured to send at least one electrical signal to the primary controller to enable the motor to generate the mechanical energy at least one rotational speed.
Giraud discloses a head sensor switch electrically connected with the primary controller and configured to engage with the at least one head component (Paragraph 0017);
wherein when the head sensor switch engages with the at least one head component (Claim 12), the head sensor switch is configured to send at least one electrical signal to the primary controller to enable the motor to generate the mechanical energy at least one rotational speed (Paragraph 0123).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include a head sensor switch electrically connected with the primary controller and configured to engage with the at least one head component, wherein when the head sensor switch engages with the at least one head component, the head sensor switch is configured to send at least one electrical signal to the primary controller to enable the motor to generate the mechanical energy at least one rotational speed as it would allow the control unit to control the operation of the device based on what type of massage head is inserted and b4 able to find the appropriate setting for the rotation speed of the electric motor that is appropriate for the massaging that is to be performed by the massage head. (Paragraph 0155)
Regarding claim 6, discloses the apparatus as claimed in claim 3.
Modified Petersen discloses further comprising:
at least another head component 2 operably connected with the handle and the drive assembly (Giraud, Paragraph 0017 discloses different types pf massage heads);
wherein when the head sensor switch engages with the at least another head component 2, the head sensor switch is configured to send at least another electrical signal to the primary controller to enable the motor to generate the mechanical energy at least another rotational speed that is different than the at least one rotational speed. (as claimed in claim 3)
Regarding claim 9, discloses the apparatus as claimed in claim 8.
Modified Petersen discloses the drive assembly (as claimed in claim 1).
Modified Petersen does not disclose an upper roller bearing operably engaged with the vibration weight and the vibration transfer element; and a lower roller bearing operably engaged with the vibration weight and the vibration transfer element.
Akihiko discloses an upper roller bearing 7 operably engaged with the vibration weight 2 & 5 and the vibration transfer element 15 (Figure 1 / Column 1, last paragraph); and a lower roller bearing 10 operably engaged with the vibration weight 2 & 5 and the vibration transfer element 16 (Column 1, last paragraph).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include an upper roller bearing operably engaged with the vibration weight and the vibration transfer element; and a lower roller bearing operably engaged with the vibration weight and the vibration transfer element as it would allow the bearing to support the vibrator shaft at the top of the motor and the bearing is able to project from the motor. (Column 1, last paragraph)
Regarding claim 12, Modified Petersen discloses the apparatus as claimed in claim 6.
Modified Petersen wherein the at least one head component 2 further comprises: a base member (Note: the examiner considers this to be the area of the detachable head that is connected to the male connector / see annotated Figure 2) provided at a first end (Note: the examiner considers the first end to be where the detachable head is connected to the handle / see annotated Figure 2) of the at least one head component 2 (Figure 2);
a support member (see annotated Figure 2) operably engaged with the base member (see annotated Figure 2) and extending between the first end (see annotated Figure 2) of the at least one head component 2 to a second end (see annotated Figure 2) of the head component opposite to the first end (see annotated Figure 2) of the at least one head component 2 (Figure 2); and
a contact member (see annotated Figure 2) operably engaged with the support member (see annotated Figure 2) at the second end (see annotated Figure 2) of the at least one head component 2, wherein the contact member (see annotated Figure 2) is configured to relieve the at least one hyperirritable area interior to an oral cavity and exterior to the oral cavity (Paragraph 2 – 4).
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Figure 2: Annotated Figure of App. CA 3089244 A1
Regarding claim 14, Modified Petersen discloses the apparatus as claimed in claim 12.
Modified Petersen discloses wherein the at least one head component 2 further comprises:
a cavity (Note: the examiner considers the cavity to be where the female connector) defined in the at least one head component 2 (Page 3, Paragraph 5), wherein the cavity (Note: the examiner considers the cavity to be where the female connector) is configured to enable the drive assembly (Giraud) to be operably engaged with the at least one head component 2 (Page 3, Paragraph 5).
Regarding claim 15, Modified Petersen discloses the apparatus as claimed in claim 12.
Modified Petersen wherein the at least one head component 2 further comprises:
a first diameter (see annotated Figure 2) defined at the first end (see annotated Figure 2) of the support member (see annotated Figure 2) proximate to the base member (see annotated Figure 2); and
a second diameter (see annotated Figure 2) defined at the second end (see annotated Figure 2) of the support member (see annotated Figure 2) proximate to the contact member (see annotated Figure 2);
wherein the second diameter (see annotated Figure 2) is less than the first diameter (see annotated Figure 2) such that the support member (see annotated Figure 2) tapers inwardly from the first end (see annotated Figure 2) to the second end (see annotated Figure 2) (Figure 2 discloses the shape mentioned).
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the first and second diameters, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05. There has been no criticality given to the diameters of the contact member and how that would change the function of the device that is not based on a design choice.
Regarding claim 16, Modified Petersen discloses the apparatus as claimed in claim 15.
Modified Petersen discloses wherein the support member (see annotated Figure 2) of the at least one head component 2 and the contact member (see annotated Figure 2) of the at least one head component 2 are directly aligned with one another or offset from one another. (Figure 2)
Regarding claim 18, Modified Petersen discloses the apparatus as claimed in claim 15.
Modified Petersen wherein the contact member (see annotated Figure 2) of the at least one head component 2 is generally spheroid-shaped. (Claim 3)
Regarding claim 19, discloses the apparatus as claimed in claim 15.
Modified Petersen does not disclose wherein the contact member of the at least one head component is generally trapezoidal-shaped.
Regarding the shape of the contact member of the at least one head component, the courts have held that a change in shape alone, without demonstration of the criticality of a specific limitation, may be considered obvious to a person of ordinary skill in the art. “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), [t]he court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.” MPEP § 2144.04-IV-B. There has been no criticality given to the shape of the contact member and how that would change the function of the device that is not based on a design choice.
Regarding claim 20, A myofascial release apparatus, comprising:
a handle (Abstract / Figure 2);
a motor 5 operably engaged with the handle and configured to generate a mechanical energy (Claim 1);
an electrical control assembly 5 & 6 electrically connected with the motor 5 for controlling said motor 5 (Claim 1 discloses the UP & DOWN switch and the Power switch);
at least one head component 2 operably connected with the handle (Claim 1)
wherein the at least one head component 2 is removable from the handle (Figure 2) and the motor 5, and wherein the at least one head component 2 is configured to relieve at least one hyperirritable area via the vibrational energy in one of interior to an oral cavity and exterior to the oral cavity.(Page 3, Paragraph 2).
Petersen does not disclose a drive assembly operably engaged with the motor and the handle and configured to generate a vibrational energy;
at least one head component operably connected with the drive assembly.
Giraud discloses a drive assembly 2 operably engaged with the motor 6 and the handle and configured to generate a vibrational energy. (Paragraph 0121 / Figure 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to include a drive assembly operably engaged with the motor and the handle and configured to generate a vibrational energy as it would allow the motor to activate a driving means that is designed to transmit the movement of the electric motor to the massaging elements of the of the massaging head. (Paragraph 0121)
Based on this modified Petersen discloses at least one head component 2 operably connected with the drive assembly 2 (Giraud).
Modified Petersen does not disclose a vibration transfer element operably engaged with the handle and the drive assembly, wherein the vibration transfer element is configured to transfer the vibrational energy from the drive assembly to the at least one head component.
However, Teixeira discloses a vibration transfer element 28 operably engaged with the handle 12 and the drive assembly 32 (Paragraph 0058), wherein the vibration transfer element 28 is configured to transfer the vibrational energy from the drive assembly 32 to the at least one head component 24 (Figure 6G / Paragraph 0055).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the male connector of Petersen to be a vibration transfer element operably engaged with the handle and the drive vibration assembly wherein the vibration transfer element is configured to transfer the vibrational energy from the drive assembly to the at least one head component as it would allow the male connector to connect to the female connector of the head assembly of Petersen and transfer the forced produces by a source of the mechanical vibration specifically when having different heads. This would allow every head to provide the same vibration to the user. (Paragraph 0055)
Modified Petersen does not disclose at least one spring connection of the drive assembly operably engaged with the motor.
Akihiko discloses at least one spring 3 operably engaged with the motor 1 (Column 1, last paragraph)
a vibration weight 2 of the drive assembly 1 spaced apart from the at least one head component 4 and being operably engaged with the vibration transfer element 16 and the at least one spring 3 connection for generating the vibrational energy. (Column 1, last paragraph – Column 2, Paragraph 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Peterson to include at least one spring operably engaged with the motor to have the spring do the effect of protecting the motor by mitigating the transmission of vibrations from the vibrator to the motor while facilitating the vibration. (Column 2, First paragraph)
Claim(s) 4 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (CA 3089244 A1) in view of Giraud et al. (US 20150305969 A1), Teixeira et al. (US 2010/0092916 A1) & Akihiko et al. (US 3364922 A) as claimed in claim 3, in view of Nan et al. (US 20110230802 A1).
Regarding claim 4, Modified Petersen discloses the apparatus as claimed in claim 3.
Modified Petersen discloses the electrical control assembly which allows to toggle a power state of the motor between an ON state and an OFF state. (as claimed in claim 1)
However, it does not expressly disclose a secondary controller operably engaged with the handle and electrically connected with the primary controller. (Note: this is not expressly disclosed as the reference does not go into detail on how the mechanisms of the button and the motor works)
wherein the secondary controller is configured to send at least another electrical signal to the primary controller to toggle a power state of the motor between an ON state and an OFF state.
Nan discloses a secondary controller 106 operably engaged with the handle 26 (Paragraph 0027 discloses the circuit board is part of the framework that is part of the casing as stated in Paragraph 0022) and electrically connected with the primary controller 30 (Paragraph 0027 discloses that the circuit board is connected to the second controller and the second controller is connected to the first controller as paragraph 0025 & 0033 disclose the secondary controller is co-axially disposed within the first controller);
wherein the secondary controller 106 is configured to send at least another electrical signal to the primary controller 30 to toggle a power state of the motor between an ON state and an OFF state. (Paragraph 0027 discloses that the circuit board is connected to the second controller and the second controller is connected to the first controller as paragraph 0025 & 0033 disclose the secondary controller is co-axially disposed within the first controller / Claim 10 discloses the squirming actuator being driven by the electric motor & Paragraph 0023 discloses first and second massage actuators ‘14 and 22’ are controlled by the first controller & Paragraph 0013 discloses the squirming actuator assembly 18 is part of the first massage actuator / Note: the electrical signal is considered to be obvious as the signal would be sent to communicate withing the different controllers) (Paragraph 0027 discloses the use of the power switch 28 to turn the electrical power ON and OFF)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include a secondary controller operably engaged with the handle and electrically connected with the primary controller, wherein the secondary controller is configured to send at least another electrical signal to the primary controller to toggle a power state of the motor between an ON state and an OFF state as it would allow the control unit to use a power switch to turn on the electrical power ON or OFF to the massage device and send a message to the motor to turn on. This would add specification to how the motor of Peterson is able to turn on based on the On and Off button action as this reference is silent to how it works. (Paragraph 0027)
Regarding claim 5, Modified Petersen discloses the apparatus as claimed in claim 4.
Modified Petersen discloses wherein the electrical control assembly 5 & 6 further comprises:
a toggle switch 6 (Note: the examiner considers the toggle switch to be anything that allows you to move from one state to the other hence based on the broadest reasonable interpretation the button of Peterson reads on this limitation) operably engaged with the handle (Peterson, Page 3, Paragraph 3) and electrically connected with the secondary controller 106 (Nan) (Nan, Paragraph 0027);
wherein the toggle switch 6 is configured to enable the secondary controller 106 (Nan) to send the at least another electrical signal to the primary controller 10 (Giraud) to toggle a power state of the motor 5 between an ON state and an OFF state (as claimed in claim 4).
Claim(s) 10 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (CA 3089244 A1) in view of Giraud et al. (US 20150305969 A1), Teixeira et al. (US 2010/0092916 A1) & Akihiko et al. (US 3364922 A) as claimed in claim 8, in further view of Li et al. (CN 104720918 A).
Regarding claim 10, Modified Petersen discloses the apparatus as claimed in claim 8.
Modified Petersen discloses wherein the handle. (as claimed in claim 1)
Modified Petersen does not disclose an upper support extending from a top end of the handle towards a bottom end of the handle opposite to the top end;
a lower support extending from the bottom end of the handle towards the top end of the handle; and
an intermediate cavity defined between the upper support and the lower support.
Li discloses an upper support 211 extending from a top end of the handle towards a bottom end of the handle opposite to the top end (Paragraph 0026);
a lower support 213 extending from the bottom end of the handle towards the top end of the handle (Paragraph 0026); and
an intermediate cavity (Note: the examiner considers the space in between to be the cavity) defined between the upper support 211 and the lower support 213. (Paragraph 0026)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include an upper support extending from a top end of the handle towards a bottom end of the handle opposite to the top end, a lower support extending from the bottom end of the handle towards the top end of the handle and an intermediate cavity defined between the upper support and the lower support as it would allow the creation of a hard supporting structure and is a rigid structure (Paragraph 0009)
Regarding claim 11, Modified Petersen discloses the apparatus as claimed in claim 10.
Modified Petersen discloses wherein the drive assembly. (as claimed in claim 1)
Modified Petersen does not disclose at least another spring operably engaging the upper support and the lower support with one another and encapsulating the at least one spring; wherein the at least another spring configured to transfer the vibrational energy from the lower support to the upper support.
Li discloses at least another spring 213a & 214a operably engaging the upper support 211 and the lower support 213 with one another and encapsulating the at least one spring 213a & 214a; wherein the at least another spring configured to transfer the vibrational energy from the lower support 213 to the upper support 211. (Paragraph 0026)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include at least another spring operably engaging the upper support and the lower support with one another and encapsulating the at least one spring; wherein the at least another spring configured to transfer the vibrational energy from the lower support to the upper support as it would allow the spring to shrink and make the support sections rotate with the shaft.(Paragraph 0009)
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (CA 3089244 A1) in view of Giraud et al. (US 20150305969 A1), Teixeira et al. (US 2010/0092916 A1) & Akihiko et al. (US 3364922 A) as claimed in claim 12, in further view of Lorberbaum et al. (US 9463287 B1).
Regarding claim 13, Modified Petersen discloses the apparatus as claimed in claim 12.
Modified Petersen does not disclose wherein the handle further comprising: at least one engagement member positioned at a first end of the handle, wherein the at least one engagement member is configured to interlockingly engage with the base member of the at least one head component.
Lorberbaum discloses wherein the handle 12 further comprising: at least one engagement member 96 positioned at a first end of the handle 12, wherein the at least one engagement member 96 is configured to interlockingly engage with the base member 40 of the at least one head component 42 (Figure 12 / Column 8, lines 58 – Column 9, lines 1 – 3).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include wherein the handle further comprising: at least one engagement member positioned at a first end of the handle, wherein the at least one engagement member is configured to interlockingly engage with the base member of the at least one head component as it would allow to lock the tip on the nozzle in a bayonet fitting as it consist of a detachable connection. (Column 8, lines 58 – Column 9, lines 1 – 3)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (CA 3089244 A1) in view of Giraud et al. (US 20150305969 A1), Teixeira et al. (US 2010/0092916 A1) & Akihiko et al. (US 3364922 A) as claimed in claim 15, in further view of Takahashi et al. (JP 2006326246 A).
Regarding claim 17, Modified Petersen discloses the apparatus as claimed in claim 15.
Modified Petersen does not disclose wherein the at least one head component further comprises:
a bend formed in the support member between the base member and the contact member;
wherein the base member and the contact member are offset from one another.
Takahashi discloses wherein the at least one head component 8 further comprises:
a bend 4 formed in the support member (Note: the examiner considers this to be where the support column base ‘4’ is found) between the base member 3 and the contact member 5 (Figure 3);
wherein the base member 3 and the contact member 5 are offset from one another (Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Petersen to include wherein the at least one head component further comprises a bend formed in the support member between the base member and the contact member wherein the base member and the contact member are offset from one another as it would allow the head component to have an angled tip making the contact member to be easily operated and can be accurately guided to the back of the mouth. (Page 3, Paragraph 5)
Conclusion
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 GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights