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 .
Status of Claims
The present Office action is responsive to the Request for Continued Examination filed on 03-19-2026. As directed, claims 1, 8, 13, 20-21, and 23 have been amended, no new claims have been added, and no claims have been newly canceled. Thus, claims 1-23 are currently pending examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03-19-2026 has been entered.
Claim Objections
Claim 21 is objected to because of the following informalities:
At claim 21, line 4, it is suggested that “components” be replaced with “component” for clarity.
Appropriate correction is required.
Response to Amendment
Applicant has amended claim 23 to recite a “spring” as opposed to a “biaser” which was previously objected to for lack of antecedent basis in the specification. The previously held objection to the specification is hereby withdrawn.
Applicant has amended each of claims 1, 8, 13, 20-21, and 23 to address minor informalities within the claims. The previously held claim objections are hereby withdrawn.
Response to Arguments
Applicant’s arguments with respect to independent claims 1 and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. New reliance on McGushion (US 2015/0297393) is furnished below to address the amended limitations of claims 1 and 23.
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 non-obviousness.
Claims 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225) and McGushion (US 2015/0297393).
Regarding claim 1, Ng discloses a method of relieving a hyperirritable area on or surrounding a mandible (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts), comprising steps of:
selecting a first head component (either of the extraoral attachment 728A or the intraoral attachment 716) from a set of head components (see each of 716 and 728A, 728B), of a myofascial release apparatus (MRA) (712, noting that each of paragraphs 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) (paragraph 84, lines 1-10; see paragraph 86-87 for selection and connection of 728A or 728B; Figs. 7A-C);
connecting the first head component (either of the extraoral attachment 728A or the intraoral attachment 716) with a vibration transfer element (754 and 756) of a handle (714) of the MRA (712) (paragraph 84, lines 1-10; paragraph 85, lines 1-12, note the explanation that shaft 750 has vibration imparted thereto from the motor, and note that 750 interfaces directly with 754 and 756; see paragraph 86-87 for selection and connection of 728A or 728B; Figs. 7A-C);
locating the hyperirritable area on or surrounding the mandible of a patient experiencing muscle tension (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts);
contacting the hyperirritable area, via a contact member (for 716, see the mouthpiece shaped contact member, and for 728A and 728B, see massage head 730 for the contact member) of the first head component (either of the extraoral attachment 728A or the intraoral attachment 716), on or surrounding the mandible of the patient (paragraph 84, lines 1-10; see paragraph 86-87 for selection and connection of 728A or 728B; Figs. 7A-C; see also paragraph 4, lines 1-8 for use of the device to contact body portions);
actuating a motor (724) of the MRA (712), via an electrical control assembly (see components 22 and 26 in paragraph 44, noting that 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) of the MRA (712), from an OFF state to an ON state for vibrating the first head component (either of the extraoral attachment 728A or the intraoral attachment 716) at at least one predetermined frequency (paragraph 42, lines 4-10; paragraph 6, lines 1-9 and paragraph 74, lines 1-10 for vibration and frequency);
and relieving the hyperirritable area on or surrounding the mandible (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts; use of the vibration device 612 for massage is thus understood to relieve the hyperirritable area).
Ng fails to disclose wherein the motor is actuated via a toggle switch that when actuated, rotates a vibration weight to generate vibrational energy in the vibration transfer element, wherein the vibration weight is spaced apart from the first head component and the motor such that a first end of the vibration weight operably engages to the vibration transfer element and a second opposing end of the vibration weight operably engages to an inner connection operable with and separate from the motor.
However, Gertner teaches a toggle switch (9034) for transitioning a vibratory device (9030) from an off state to an on state (paragraph 500, lines 1-10; Figs. 23-24) that rotates a vibration weight (9066) to generate vibrational energy (paragraph 511, lines 1-10; Fig. 24, note that the weight 9066 is spaced apart from motor 9054 along a shaft). (paragraph 511, lines 1-10; Fig. 24, note that the weight 9066 is spaced apart from motor 9054 along a shaft).
Given that each of Ng and Gertner are handheld devices used to impart vibratory stimulation to a user’s face, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Ng to substitute the power buttons with a toggle switch for actuating the motor of the device, given that Gertner explicitly teaches that power buttons and toggle switches are known alternatives (paragraph 500, lines 4-5). It would have been rendered further obvious to have substituted the motor of Ng for the eccentric rotating mass motor taught by Gertner, given that Ng’s motor is used to impart vibration (paragraph 84, lines 1-10), and Gertner’s ERM motor is an art-recognized equivalent for achieving the same purpose of imparting vibratory stimulation to a user (paragraph 511, lines 1-10).
Ng fails to disclose wherein the vibration weight is specifically spaced apart from the first head component and the motor such that a first end of the vibration weight operably engages to the vibration transfer element and a second opposing end of the vibration weight operably engages to an inner connection operable with and separate from the motor.
However, McGushion teaches a massager (10) (paragraph 22, lines 1-7; paragraph 31, lines 13; Figs. 5A-B) that includes a vibration weight (40), a first head component (16), a motor (“driver motor” of paragraph 22; see also reference to motor shaft 42 in paragraph 31), a vibration transfer element (42), and an inner connection (“isolating means” configured as a “coil spring”) (paragraph 22, lines 1-8; paragraph 31, lines 1-12), wherein the vibration weight (40) is spaced apart from the first head component (16) and the motor (“driver motor”) such that a first end of the vibration weight (40) operably engages to the vibration transfer element (42) and a second opposing end of the vibration weight (40) operably engages to the inner connection (“coil spring”) operable with and separate from the motor (“driver motor”) in order to isolate vibration from the weight in the handle (14) (paragraph 22, lines 1-8; paragraph 31, lines 1-12; Figs. 5A-C, note that the right side of weight 40 operably engages socket 42 when placed in correspondence, and the left side of weight 40 is carried on shaft 42, located to the left of weight 40, which is described at paragraph 31, lines 7-12 as carrying the isolating means/coil spring in order to space apart forward tip 44 from handle 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection of the vibration weight, the motor, and the vibration transfer element of modified Ng such that the vibration weight is specifically spaced apart from the first head component and the motor such that a first end of the vibration weight operably engages to the vibration transfer element and a second opposing end of the vibration weight operably engages to an inner connection operable with and separate from the motor by adding an inner connection comprised of a coil spring, as taught by McGushion, in order to isolate vibration from the weight in the handle.
Thus, as modified, Ng includes a serial connection between a motor (see Ng’s Fig. 7A), an inner connection (“isolating means” comprised of a “coil spring” per McGushion) carried on a shaft of the motor (see shaft 42 of McGushion’s Fig. 5A), a vibration weight (see weight 40 of McGushion’s Fig. 5A), a connector receiver (see Ng’s Fig. 7A, element 754), and a connector shaft (see 750 of Ng’s Fig. 7A) of the first head component (Figs. 7A-B of Ng, element 716 or 728A, where 716 is spaced apart from the motorized assembly by virtue of connector shaft 750) to effect vibration of the first head component by way of a motor and a vibration weight.
Regarding claim 2, Ng in view of Gertner and McGushion disclose the method of claim 1, as discussed above.
Ng further discloses wherein the step of relieving the hyperirritable area on or surrounding the mandible further includes that the hyperirritable area is a myofascial trigger point that is one of interior to an oral cavity of the patient and exterior to the oral cavity of the patient (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts; use of the vibration device 712 in its intraoral and extraoral modes described at paragraphs 85-86 is understood to vibrate myofascial points underlying the integument and epithelial linings by virtue of contact with the intra and extraoral body portions, note also paragraph 4, lines 1-8 for placement of the device intra or extra orally).
Regarding claim 4, Ng in view of Gertner and McGushion disclose the method of claim 1, as discussed above.
Ng further discloses introducing the first head component (either of the extraoral attachment 728A or the intraoral attachment 716) into an oral cavity of the patient and contacting an intraoral muscle, via the contact member (for 716, see the mouthpiece shaped contact member, and for 728A and 728B, see massage head 730 for the contact member), positioned inside of the oral cavity of the patient (paragraph 84, lines 1-10, paragraph 85, lines 1-8, and paragraph 4, lines 1-8, where placement of the intraoral attachment in the mouth is understood to create contact with an intraoral muscle).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225) and McGushion (US 2015/0297393), as applied to claim 1 above, in further view of Giraud (US 2015/0305969).
Regarding claim 3, Ng in view of Gertner and McGushion disclose the method of claim 1, as discussed above.
Modified Ng fails to disclose actuating a head sensor switch of the electrical control assembly; sending at least one electrical signal to a primary controller of the electrical control assembly; and controlling the motor, via the primary controller, for vibrating the at least one head component at the at least one predetermined frequency.
However, Giraud teaches a massaging appliance (1) including interchangeable massage heads (4-8, ta, bi, ja) (paragraph 88, lines 1-11; Figs. 1, 3-7, 12-13) and the step of actuating a head sensor switch (12) of the electrical control assembly (10+12+13) (paragraph 5, lines 1-8; paragraphs 17-19; paragraph 123, lines 1-7);
sending at least one electrical signal to a primary controller (10) of the electrical control assembly (10+12+13) (paragraph 123, lines 1-7); and
controlling the motor (6), via the primary controller (10), for vibrating the at least one head component at at least one predetermined frequency (paragraph 13, lines 1-7; paragraph 122, lines 1-9; paragraph 123, lines 1-7). Giraud indicates that actuation of the head sensor switch (12) enables the device to distinguish between types of interchangeable massage heads that are connected to the appliance (1) in order to deliver the appropriate massage based on the attached head type (paragraph 123, lines 1-11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device and method of modified Ng to include actuating a head sensor switch of the electrical control assembly, sending at least one electrical signal to a primary controller of the electrical control assembly, and controlling the motor, via the primary controller, for vibrating the at least one head component at the at least one predetermined frequency, as taught by Giraud, in order to distinguish between types of interchangeable massage heads that are connected to the MRA in order to deliver the appropriate massage based on the attached head type.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225) and McGushion (US 2015/0297393), as applied to claim 4 above, in further view of Falzon (US 2005/0039760).
Regarding claim 5, Ng in view of Gertner and McGushion disclose the method of claim 4, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being a lateral pterygoid muscle.
However, Falzon teaches an apparatus for intraoral myofascial trigger point therapy (paragraph 44, lines 1-5, note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity), wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being a lateral pterygoid muscle (paragraph 26, lines 1-5; paragraph 58, lines 1-8; Fig. 6) in treating TMJ (paragraph 10, lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the intraoral muscle being a lateral pterygoid muscle, as taught by Falzon (note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity, further note that the rear ends of the mouthpiece 616 of Ng would be sized and shaped to interact with the lateral pterygoid as shown in Falzon’s Figure 6), in order to treat TMJ in a user with the MRA device.
Regarding claim 6, Ng in view of Gertner and McGushion disclose the method of claim 4, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being a medial pterygoid muscle.
However, Falzon teaches an apparatus for intraoral myofascial trigger point therapy (paragraph 44, lines 1-5, note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity), wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being a lateral pterygoid muscle (paragraph 23, lines 1-7; paragraph 55, lines 1-8; Fig. 5) in treating TMJ (paragraph 10, lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the intraoral muscle being a medial pterygoid muscle, as taught by Falzon (note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity, further note that the rear ends of the mouthpiece 616 of Ng would be sized and shaped to interact with the lateral pterygoid as shown in Falzon’s Figure 6), in order to treat TMJ in a user with the MRA device.
Regarding claim 7, Ng in view of Gertner and McGushion disclose the method of claim 4, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being proximate to a maxillary tuberosity.
However, Falzon teaches an apparatus for intraoral myofascial trigger point therapy (paragraph 44, lines 1-5, note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity), wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being proximate to a maxillary tuberosity (paragraph 23, lines 1-7; paragraph 55, lines 1-8; Fig. 5; note that the medial pterygoid inserts onto the maxillary tuberosity) in treating TMJ (paragraph 10, lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the intraoral muscle being proximate to a maxillary tuberosity, as taught by Falzon (note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity, further note that the rear ends of the mouthpiece 616 of Ng would be sized and shaped to interact with the lateral pterygoid as shown in Falzon’s Figure 6), in order to treat TMJ in a user with the MRA device.
Claims 8, 10, 13, 15, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225) and McGushion (US 2015/0297393), as applied to claim 1 above, in further view of Fraticelli “How to Choose the Right Massage Gun Attachment”.
Regarding claim 8, Ng in view of Gertner and McGushion disclose the method of claim 1, as discussed above.
Modified Ng fails to explicitly removing the first head component from the handle;
selecting a second head component from the set of head components;
connecting the second head component with the handle;
actuating the motor, via the switch, from the OFF state to the ON state to vibrate the second head component at the predetermined frequency;
locating a second hyperirritable area on or surrounding the patient experiencing muscle tension;
contacting the second hyperirritable area, via a second contact member of the second head component, on or surrounding the mandible of the patient; and
relieving the second hyperirritable area on or surrounding the mandible of the patient.
However, Fraticelli teaches removing the first head component from the handle (see placement of first head and its operation in the first two screen captures appended at time stamps 0:50 and 1:05, followed by removal of the first head in the third screen capture at 2:27);
selecting a second head component from the set of head components (note the selection of attachments shown in the video at 0:17, and the selection of the second attachment head in the fourth screen capture at 2:28);
connecting the second head component with the handle (at the fourth screen capture at 2;28, note that the second attachment is placed on the percussive massage gun);
actuating the motor, via the switch, from the OFF state to the ON state to vibrate the second head component at the predetermined frequency (see the fifth screen capture at 3:20 where the second attachment is percussing due to switching from an off to on state of the motor);
locating a second hyperirritable area on or surrounding the patient experiencing muscle tension (see the fifth screen capture from the video at 3:20 and note that a hyperirritable area is being massaged, where location of the hyperirritable area precedes application of the gun);
contacting the second hyperirritable area, via a second contact member of the second head component (see the fifth screen capture from the video at 3:20 and note that a hyperirritable area is being massaged by the contact member of the head); and
relieving the second hyperirritable area (see the fifth screen capture from the video at 3:20 and note that a hyperirritable area is being massaged to achieve relief).
Given that Ng discloses application of massage attachments on or surrounding the mandible of the patient (see paragraph 4, lines 1-8 for intra and extra oral placement; paragraph 3, lines 1-8, where the back and shoulders, which surround the mandible can be acted on by the attachment) as well as three separate massage head attachments (see Figs. 6-7C), it would have been obvious to one of ordinary skill in the art to have removed the first head, selected a second head of the available attachments, connected the second head, actuated the motor from off to on, located a second hyperirritable area (on or surrounding the mandible is by virtue of paragraphs 3-4 of Ng), contacted the second hyperirritable area with the second contact member of the second head, and relieved the second hyperirritable area, as taught by Fraticelli, in order to treat a separate area than was treated by the first actuation step, and to affect a different type of massage using a different head attachment.
Thus, Modified Ng discloses actuating the motor (724) of the MRA (712), via the toggle switch (power buttons 26 modified to be a toggle switch per Gerner’s paragraph 500, lines 1-10) of the electrical control assembly (see components 22 and 26 in paragraph 44, noting that 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) of the MRA (712), from an OFF state to an ON state for vibrating the second head component (one of 728A, 728B, or the intraoral attachment 716 not regarded as the first head component) at at least one predetermined frequency (paragraph 42, lines 4-10; paragraph 6, lines 1-9 and paragraph 74, lines 1-10 for vibration and frequency).
Regarding claim 10, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 8, as discussed above.
Ng further discloses introducing the second head component (note the multiple attachments of Ng’s device in Figures 7A-C, as well as the second attachment of Fraticelli, where, as modified, a first head of Ng would have been removed and replaced with a second of the attachments) into an oral cavity of the patient and contacting an intraoral muscle, via the second contact member, positioned inside of the oral cavity of the patient (paragraph 74, lines 1-10, paragraph 85, lines 1-8, and paragraph 4, lines 1-8, where placement of the intraoral attachment in the mouth is understood to create contact with an intraoral muscle; note that Ng describes use of the device intra-orally, and Fraticelli has provided for placement of the second head).
Regarding claim 13, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 8, as discussed above.
Currently modified Ng fails to explicitly removing the second head component from the handle;
selecting a third head component from the set of head components;
connecting the third head component with the handle;
actuating the motor, via the switch, from the OFF state to the ON state to vibrate the third head component at the predetermined frequency;
locating a third hyperirritable area on or surrounding the patient experiencing muscle tension;
contacting the third hyperirritable area, via a third contact member of the third head component, on or surrounding the mandible of the patient; and
relieving the third hyperirritable area on or surrounding the mandible of the patient.
However, Fraticelli teaches removing the second head component from the handle (see sixth screen capture at time stamp 3:27);
selecting a third head component from the set of head components (note the selection of attachments shown in the video at 0:17, and the selection of the third attachment head in the seventh screen capture at 3:30);
connecting the third head component with the handle (at the seventh screen capture at 3:30, note that the third attachment is placed on the percussive massage gun);
actuating the motor, via the switch, from the OFF state to the ON state to vibrate the second head component at the predetermined frequency (see the eighth screen capture at 3:50 where the third attachment is percussing due to switching from an off to on state of the motor);
locating a third hyperirritable area on or surrounding the patient experiencing muscle tension (see the eighth screen capture from the video at 3:50 and note that a hyperirritable area is being massaged, where location of the hyperirritable area precedes application of the gun);
contacting the third hyperirritable area, via a third contact member of the third head component (see the eighth screen capture from the video at 3:50 and note that a hyperirritable area is being massaged by the contact member of the head); and
relieving the third hyperirritable area (see the eighth screen capture from the video at 3:50 and note that a hyperirritable area is being massaged to achieve relief).
Given that Ng discloses application of massage attachments on or surrounding the mandible of the patient (see paragraph 4, lines 1-8 for intra and extra oral placement; paragraph 3, lines 1-8, where the back and shoulders, which surround the mandible can be acted on by the attachment) as well as three separate massage head attachments (see Figs. 6-7C), it would have been obvious to one of ordinary skill in the art to have removed the second head, selected a third head of the available attachments, connected the third head, actuated the motor from off to on, located a third hyperirritable area (on or surrounding the mandible is by virtue of paragraphs 3-4 of Ng), contacted the third hyperirritable area with the third contact member of the third head, and relieved the third hyperirritable area, as taught by Fraticelli, in order to treat a separate area than was treated by the second actuation step, and to affect a different type of massage using a different head attachment.
Thus, Modified Ng discloses actuating the motor (724) of the MRA (712), via the toggle switch (power buttons 26 modified to be a toggle switch per Gerner’s paragraph 500, lines 1-10) of the electrical control assembly (see components 22 and 26 in paragraph 44, noting that 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) of the MRA (712), from an OFF state to an ON state for vibrating the third head component (one of 728A, 728B, or the intraoral attachment 716 not regarded as the first head component or the second head component) at at least one predetermined frequency (paragraph 42, lines 4-10; paragraph 6, lines 1-9 and paragraph 74, lines 1-10 for vibration and frequency).
Regarding claim 15, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 13, as discussed above.
Modified Ng further discloses introducing the third head component (note the multiple attachments of Ng’s device in Figures 7A-C, as well as the third attachment of Fraticelli, where, as modified, the second head of Ng would have been removed and replaced with a third of the attachments) exterior to an oral cavity of the patient and contacting an extraoral muscle, via the third contact member, positioned outside of the oral cavity of the patient (paragraph 4, lines 1-8, where placement of the extraoral attachment is understood to create contact with an extraoral muscle, see paragraph 3, lines 1-8 for use of the device on at least the back and shoulders; note that Ng describes use of the device extra-orally, and Fraticelli has provided for placement of the third head).
Regarding claim 19, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 15, as discussed above.
Ng further discloses wherein the step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being an upper trapezius muscle (see paragraph 3, lines 1-8, specifically back and shoulders, where the upper trapezius is a muscle of the upper back).
Regarding claim 20, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 13, as discussed above.
Currently modified Ng fails to explicitly removing the third head component from the handle;
selecting a fourth head component from the set of head components;
connecting the fourth head component with the handle;
actuating the motor, via the switch, from the OFF state to the ON state to vibrate the fourth head component at the predetermined frequency;
locating a fourth hyperirritable area on or surrounding the patient experiencing muscle tension;
contacting the fourth hyperirritable area, via a fourth contact member of the fourth head component, on or surrounding the mandible of the patient; and
relieving the fourth hyperirritable area on or surrounding the mandible of the patient.
Ng additionally teaches three more interchangeable massage heads (328 of Fig. 3B, 428 of Fig. 4B, and 528 of Fig. 5B).
While these additional massage heads are not explicitly provided with the embodiment of Figure 7, it would have been obvious to one of ordinary skill in the art to have provided the relied upon embodiment of the Ng device with the extra three massage head attachments in order to provide the user with additional options for body massage, such a modification granting the user access to at least a fourth attachment head.
Further, Fraticelli teaches removing the third head component from the handle (see ninth screen capture at time stamp 4:28);
selecting a fourth head component from the set of head components (note the selection of attachments shown in the video at 0:17, and the selection of the fourth attachment head in the tenth screen capture at 4:30);
connecting the fourth head component with the handle (at the tenth screen capture at 4:30, note that the fourth attachment is placed on the percussive massage gun);
actuating the motor, via the switch, from the OFF state to the ON state to vibrate the second head component at the predetermined frequency (see the eleventh screen capture at 4:47 where the fourth attachment is percussing due to switching from an off to on state of the motor);
locating a fourth hyperirritable area on or surrounding the patient experiencing muscle tension (see the eleventh screen capture from the video at 4:47 and note that a hyperirritable area is being massaged, where location of the hyperirritable area precedes application of the gun);
contacting the fourth hyperirritable area, via a fourth contact member of the fourth head component (see the eleventh screen capture from the video at 4:47 and note that a hyperirritable area is being massaged by the contact member of the head); and
relieving the fourth hyperirritable area (see the eleventh screen capture from the video at 4:47 and note that a hyperirritable area is being massaged to achieve relief).
Given that Ng discloses application of massage attachments on or surrounding the mandible of the patient (see paragraph 4, lines 1-8 for intra and extra oral placement; paragraph 3, lines 1-8, where the back and shoulders, which surround the mandible can be acted on by the attachment), it would have been obvious to one of ordinary skill in the art to have removed the third head, selected a fourth head of the available attachments, connected the fourth head, actuated the motor from off to on, located a fourth hyperirritable area (on or surrounding the mandible is by virtue of paragraphs 3-4 of Ng), contacted the fourth hyperirritable area with the fourth contact member of the fourth head, and relieved the fourth hyperirritable area, as taught by Fraticelli, in order to treat a separate area than was treated by the third actuation step, and to affect a different type of massage using a different head attachment.
Thus, Modified Ng discloses actuating the motor (724) of the MRA (712), via the toggle switch (power buttons 26 modified to be a toggle switch per Gerner’s paragraph 500, lines 1-10) of the electrical control assembly (see components 22 and 26 in paragraph 44, noting that 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) of the MRA (712), from an OFF state to an ON state for vibrating the fourth head component (note each of 328 of Fig. 3B, 428 of Fig. 4B, and 528 of Fig. 5B of Ng) at at least one predetermined frequency (paragraph 42, lines 4-10; paragraph 6, lines 1-9 and paragraph 74, lines 1-10 for vibration and frequency).
Regarding claim 21, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 20, as discussed above.
Presently modified Ng further discloses wherein the fourth contact member (tips of 328, 428, or 528) of the fourth head component (328, 428, or 528) defines a different shape than any one of the first, second, and third contact members (tips of 616, 728A, and 728B) of the first, second, and third head components (616, 728A, 728B) (see Figs. 3B-7C where each of 328, 428, and 528 are shaped differently than any of 616, 728A, and 728B).
Regarding claim 22, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 20, as discussed above.
Modified Ng further discloses introducing the fourth head component (note the multiple attachments of Ng’s device in Figures 3B-5, as well as the fourth attachment of Fraticelli, where, as modified, the third head of Ng would have been removed and replaced with a fourth of the attachments) exterior to an oral cavity of the patient and contacting an extraoral muscle, via the fourth contact member, positioned outside of the oral cavity of the patient (paragraph 4, lines 1-8, where placement of the extraoral attachment is understood to create contact with an extraoral muscle, see paragraph 3, lines 1-8 for use of the device on at least the back and shoulders; note that Ng describes use of the device extra-orally, and Fraticelli has provided for placement of the third head); and
scraping the extraoral muscle with the fourth contact member (paragraph 62: see “rub”);
wherein the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being an upper trapezius muscle (see paragraph 3, lines 1-8, specifically back and shoulders, where the upper trapezius is a muscle of the upper back).
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225), McGushion (US 2015/0297393), and Fraticelli “How to Choose the Right Massage Gun Attachment”, as applied to claims 8 and 13 above respectively, in further view of Smith (US 2021/0100718).
Regarding claim 9, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 8, as discussed above.
Currently modified Ng fails to disclose wherein the second contact member of the second head component defines a diameter that is greater than the contact member of the first head component.
However, Smith teaches first and second contact members of interchangeable massage heads, and details that the second attachment contact member has a greater diameter than the first (paragraph 199, lines 12-14 and paragraph 200, lines 12-14; Figs. 21A-D).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second contact member to have a larger diameter than the first, as taught by Smith, in order to increase the contact area between the contact member and the body for creating a larger massage surface area.
Regarding claim 14, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 13, as discussed above.
Currently modified Ng fails to disclose wherein the third contact member of the third head component defines a diameter that is greater than the second contact member of the second head component.
However, Smith teaches second and third contact members of interchangeable massage heads, and details that the third attachment contact member has a greater diameter than the second (paragraph 200, lines 12-14, and paragraph 202, lines 8-11; Figs. 21A-D).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the third contact member to have a larger diameter than the second, as taught by Smith, in order to increase the contact area between the contact member and the body for creating a larger massage surface area.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225), McGushion (US 2015/0297393) and Fraticelli “How to Choose the Right Massage Gun Attachment”, as applied to claim 10 above, in further view of Falzon (US 2005/0039760).
Regarding claim 11, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 10, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being a masseter muscle.
However, Falzon teaches an apparatus for intraoral myofascial trigger point therapy (paragraph 44, lines 1-5, note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity), wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being a masseter muscle (paragraph 33, lines 1-7; paragraph 60, lines 1-8; Fig. 8) in treating TMJ (paragraph 10, lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the intraoral muscle being a masseter muscle, as taught by Falzon (note that the device as shown in Figure 5 is similar in shape to the extraoral attachments 728A and 728B of Ng, which Falzon demonstrates can be inserted into the oral cavity, further note that the rear ends of the mouthpiece 616 of Ng would be sized and shaped to interact with the lateral pterygoid as shown in Falzon’s Figure 6), in order to treat TMJ in a user with the MRA device.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225), McGushion (US 2015/0297393), and Fraticelli “How to Choose the Right Massage Gun Attachment”, as applied to claim 10 above, in further view of Richter (US 2014/0100498).
Regarding claim 12, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 10, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the intraoral muscle positioned inside of the oral cavity of the patient includes the intraoral muscle being an orbicularis oris muscle.
However, Richter teaches a lip trainer (10) which is inserted into the mouth and produces mechanical vibration (paragraph 40, lines 1-5; Figs. 1 and 4), which stimulates the orbicularis oris intra-orally (paragraph 40, lines 1-5) for treating wrinkles (paragraph 40, lines 1-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the intra-oral attachment of the modified Ng device to treat the orbicularis oris intra-orally, as taught by Richter, in order to additionally treat wrinkles by activating the orbicularis oris.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of Gertner (US 2019/0262225), McGushion (US 2015/0297393), and Fraticelli “How to Choose the Right Massage Gun Attachment”, as applied to claim 15 above, in further view of Jablow (US 2020/0179220).
Regarding claim 16, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 15, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being a masseter muscle.
However, Jablow teaches a facial treatment device (100) that produces vibration (paragraph 81, lines 1-12 and Fig. 1A), wherein a step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being a masseter muscle for treating TMJ (paragraph 101, lines 1-12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the extraoral muscle being a masseter muscle, as taught by Jablow, in order to treat TMJ in a user with the MRA device.
Regarding claim 17, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 15, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being a temporalis muscle.
However, Jablow teaches a facial treatment device (100) that produces vibration (paragraph 81, lines 1-12 and Fig. 1A), wherein a step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being a temporalis muscle for treating TMJ (paragraph 101, lines 1-12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the extraoral muscle being a temporalis muscle, as taught by Jablow, in order to treat TMJ in a user with the MRA device.
Regarding claim 18, Ng in view of Gertner, McGushion, and Fraticelli disclose the method of claim 15, as discussed above.
Modified Ng fails to disclose wherein the step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being a sternocleidomastoid muscle.
However, Jablow teaches a facial treatment device (100) that produces vibration (paragraph 81, lines 1-12 and Fig. 1A), wherein a step of contacting the extraoral muscle positioned outside of the oral cavity of the patient includes the extraoral muscle being a sternocleidomastoid muscle for treating TMJ (paragraph 101, lines 1-12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Ng to further include contacting the extraoral muscle being a sternocleidomastoid muscle, as taught by Jablow, in order to treat TMJ in a user with the MRA device.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Ng (US 2020/0360226) in view of McGushion (US 2015/0297393).
Regarding claim 23, Ng discloses a method of relieving a hyperirritable area on or surrounding a mandible (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts), comprising steps of:
selecting a first head component (either of the extraoral attachment 728A or the intraoral attachment 716) from a set of head components (see each of 716 and 728A, 728B), of a myofascial release apparatus (MRA) (712, noting that each of paragraphs 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) (paragraph 84, lines 1-10; see paragraph 86-87 for selection and connection of 728A or 728B; Figs. 7A-C);
connecting the first head component (either of the extraoral attachment 728A or the intraoral attachment 716) with a handle (714) of the MRA (712) (paragraph 84, lines 1-10; paragraph 85, lines 1-12, note the explanation that shaft 750 has vibration imparted thereto from the motor, and note that 750 interfaces directly with 754 and 756; see paragraph 86-87 for selection and connection of 728A or 728B; Figs. 7A-C);
locating the hyperirritable area on or surrounding the mandible of a patient experiencing muscle tension (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts);
contacting the hyperirritable area, via a contact member (for 716, see the mouthpiece shaped contact member, and for 728A and 728B, see massage head 730 for the contact member) of the first head component (either of the extraoral attachment 728A or the intraoral attachment 716), on or surrounding the mandible of the patient (paragraph 84, lines 1-10; see paragraph 86-87 for selection and connection of 728A or 728B; Figs. 7A-C; see also paragraph 4, lines 1-8 for use of the device to contact body portions);
actuating a motor (724) of the MRA (712), via an electrical control assembly (see components 22 and 26 in paragraph 44, noting that 43, 59, 73, 76, and 79 state that the device disclosed in each of Figures 2-7 is configured to be “substantially similar or identical to those illustrated and described above in the previous embodiments”) of the MRA (712), from an OFF state to an ON state for vibrating the first head component (either of the extraoral attachment 728A or the intraoral attachment 716) at at least one predetermined frequency (paragraph 42, lines 4-10; paragraph 6, lines 1-9 and paragraph 74, lines 1-10 for vibration and frequency);
and relieving the hyperirritable area on or surrounding the mandible (paragraph 44, lines 11-15, note the “massage” of the tongue, inside cheek, or roof of the user’s mouth all located on or around the mandible; paragraph 61, lines 1-4, note the use of the attachment on “any part of the body” for massage; see paragraph 3, lines 1-3 which include additional places to apply a device for massage, and further delineate that massage is used to treat “stressed or strained” body parts, where these strained parts are regarded as hyperirritable, and massage is disclosed to occur to both intraoral and extraoral body parts; use of the vibration device 612 for massage is thus understood to relieve the hyperirritable area).
Ng fails to disclose a spring connecting an upper support of the handle and a lower support of the handle together, and vibrating the first head component via a vibration weight that is positioned remotely from the at least one head component.
However, McGushion teaches a massager (10) (paragraph 22, lines 1-7; paragraph 31, lines 13; Figs. 5A-B) that includes a vibration weight (40), a first head component (16), a motor (“driver motor” of paragraph 22; see also reference to motor shaft 42 in paragraph 31), a vibration transfer element (42), and an inner connection (“isolating means” configured as a “coil spring”) (paragraph 22, lines 1-8; paragraph 31, lines 1-12), wherein the vibration weight (40) is spaced apart from the first head component (16) and the motor (“driver motor”) such that a first end of the vibration weight (40) operably engages to the vibration transfer element (42) and a second opposing end of the vibration weight (40) operably engages to the inner connection (“coil spring”) operable with and separate from the motor (“driver motor”) in order to isolate vibration from the weight in the handle (14) (paragraph 22, lines 1-8; paragraph 31, lines 1-12; Figs. 5A-C, note that the right side of weight 40 operably engages socket 42 when placed in correspondence, and the left side of weight 40 is carried on shaft 42, located to the left of weight 40, which is described at paragraph 31, lines 7-12 as carrying the isolating means/coil spring in order to space apart forward tip 44 from handle 14), and further, the vibration weight (40) predictably delivers vernation to the first head component (16) when actuated (paragraph 31, lines 1-12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection of the vibration weight, the motor, and the vibration transfer element of modified Ng such that the vibration weight is specifically spaced apart from the first head component and the motor such that a first end of the vibration weight operably engages to the vibration transfer element and a second opposing end of the vibration weight operably engages to an inner connection operable with and separate from the motor by adding an inner connection comprised of a coil spring, as taught by McGushion, in order to isolate vibration from the weight in the handle. It would have been rendered further obvious to have substituted the motor of Ng for the motor and vibration weight taught by McGushion, given that Ng’s motor is used to impart vibration (paragraph 84, lines 1-10), and McGushion’s comprisal of a motor and a vibration weight are an art-recognized equivalent for achieving the same purpose of imparting vibratory stimulation to a user (paragraph 511, lines 1-10)
Thus, as modified, Ng includes a serial connection between a motor (see Ng’s Fig. 7A), an inner connection (“isolating means” comprised of a “coil spring” per McGushion) carried on a shaft of the motor (see shaft 42 of McGushion’s Fig. 5A), a vibration weight (see weight 40 of McGushion’s Fig. 5A), a connector receiver (see Ng’s Fig. 7A, element 754), and a connector shaft (see 750 of Ng’s Fig. 7A) of the first head component (Figs. 7A-B of Ng, element 716 or 728A, where 716 is spaced apart from the motorized assembly by virtue of connector shaft 750) to effect vibration of the first head component by way of a motor and a vibration weight, where the vibration weight is positioned remotely from the at least one head component (Figs. 7A-B of Ng, element 716 or 728A, where 716 is spaced apart from the motorized assembly by virtue of connector shaft 750).
Conclusion
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/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
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