DETAILED ACTION
This office action is in response to the claims filed 11/19/2022. Claims 1-10 are presenting pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed 11/29/2022 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4, line 1 recites “the bead”; it is suggested to amend the claim to recite --the at least one bead-- so that it is clear that it refers back to the previously recited at least one bead in claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons (4,648,387) in view of Hsieh (2008/0107474).
Regarding claim 1, Simmons in figs 1-5 discloses a massage device comprising a slender section (18) (shaft) (col 1, ln 63-col 2, ln 4), an enlarged section (20) (handle includes tip (38) configured to massage a user) (col 2, ln 32-44) formed at an end of the slender section (18) (col 1, ln 63-68) and at least one bead (12, 14) (rollers) rotationally extending around the slender section of the shaft (16) (col 2, ln 5-10).
Simmons does not disclose a socket made in an end of the enlarged section, and a boss extending from an internal face of the socket; a ball comprising a front portion extending from the socket and a rear portion rotationally inserted in the socket and abutted against the boss.
However, Hsieh teaches a cosmetic applicator including an enlarged section (40) (ball seat), wherein the enlarged section (40) includes a socket (43) (ball receiver) made in an end of the enlarged section (40), and a boss (45) (supporting protrusions) extending from an internal face of the socket (43) (para [0028]); a ball (30) comprising a front portion extending from the socket (43) and a rear portion rotationally inserted in the socket (43) and abutted against the boss (45) (para [0028]), and fluidly connected to a reservoir (10) (bottle) to receive liquid to apply to a user (para [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Simmons by providing a socket made in an end of the enlarged section, and a boss extending from an internal face of the socket; a ball comprising a front portion extending from the socket and a rear portion rotationally inserted in the socket and abutted against the boss and fluidly connected to a reservoir for receiving a liquid for applying to a user as taught by Hsieh in order to allow a user to apply a liquid to a user while providing a massaging function (Hsieh, abstract).
Regarding claim 2, Simmons discloses multiple beads (12, 14, 16) (rollers) rotationally extending around the slender section of the shaft (18) (col 1, ln 63-col 2, ln 4).
Regarding claim 7, the modified Simmons reference, in fig 5a of Hsieh, discloses the socket (43) is made with a diameter and a depth larger than a half of the diameter, thereby rendering a diameter of an open end of the socket (43) smaller than the diameter of the socket (43) to keep the rear portion of the ball (30) in the socket (43) (as shown in fig 5a of Hsieh, socket (43) can hold more than half of the ball (30) so that the ball can be received in the socket (43) in a rolling mode) (Hsieh, fig 5a, para [0028]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons and Hsieh as applied to claim 2 above, and further in view of O’Reilly (2013/0345501)
Regarding claim 3, modified Simmons discloses a plurality of beads
Modified Simmons does not disclose each of the beads comprises an axial extension extending from an end, and the axial extensions of the beads keep the beads at a proper distance from one another to render the beads smoothly rotatable relative to one another.
However, O’Reilly in fig 37 teaches a massage device including a shaft (104) and a plurality of beads (112, 116, 120) (inserts) rotationally extending around the shaft (104) (para [0046]), and in figs 44-45 discloses the beads (120) comprises an axial extension (121) (spacer sections) extending from an end (insert (120) includes two generally cylindrically shaped spacer sections (121)), and the axial extensions (121) of the beads (120) keep the beads (120) at a proper distance from one another to render the beads (120) smoothly rotatable relative to one another (spacer sections (121) may help in separating other inserts that may be used with the device) (para [0048]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Simmons by providing the plurality of beads with an axial extension extending each end, and the axial extensions of the beads keep the beads at a proper distance from one another to render the beads smoothly rotatable relative to one another as taught by O’Reilly in order to allow the beads to be separated from other beads which may be used in the device (O’Reilly, para [0048]).
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons and Hsieh as applied to claim 1 above, and further in view of Liao (2018/0353370)
Regarding claim 4, modified Simmons discloses at least one bead.
Modified Simmons does not disclose the bead comprises sides and angles alternately arranged with the sides.
However, Liao teaches a massage roller device including a plurality of beads (11) (rings), and as shown in fig 3, each of the beads (11) include a side disposed between a concave angle and a convex angle to form bumping portions (113) along the peripheral surface of the beads (11) (para [0028]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Simmons by providing a shape of the bead to have sides and angles alternately arranged with the sides in order to form bumping portions along the peripheral surface of the beads to form a suitable shape for relaxing the muscles and fascia of a user (Liao, para [0032]).
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Regarding claim 5, the modified Simmons reference, as shown in the annotated fig 3 of Liao above, discloses each of the sides comprises a front slant facet extending from an end, a rear slant facet extending from another end, and a horizontal facet extending between the front and rear slant facets.
Regarding claim 6, the modified Simmons reference, as shown in the annotated fig 3 of Liao above, discloses each of the convex and concave angles comprises a front slant ridge extending from an end, a rear slant ridge extending from another end, and a horizontal ridge extending between the front and rear slant ridges.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons and Hsieh as applied to claim 1 above, and further in view of Belcher (5,709,705) and Liao.
Regarding claim 8, modified Simmons discloses an enlarged section.
Modified Simmons does not disclose a peripheral surface of the enlarged section is configured to massage a user.
However, Belcher in fig 1C teaches a massage device including a shaft (32) (rod) including an enlarged section (34) (wheel), wherein the enlarged section includes a distal end hemispherical end configured to massage a user and a convex annular peripheral skin engaging surface (35) configured to massage a user (col 2, ln 17-26).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Simmons by providing the enlarged section with a convex annular peripheral skin engaging surface as taught by Belcher in order to allow a periphery of the enlarged section to be used to massage a user (Belcher, col 2, ln 22-24).
The now-modified Simmons device does not disclose the peripheral skin engaging surface of the enlarged section of the shaft comprises sides and angles alternately arranged with the sides.
However, Liao teaches a massage roller device including a plurality of rings (11) with a peripheral skin engaging surface, and as shown in fig 3, each of the beads (11) include a side disposed between a concave angle and a convex angle to form bumping portions (113) along the peripheral surface of the beads (11) (para [0028]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Simmons by providing a shape of the peripheral skin engaging surface of the enlarged section of the shaft to have sides and angles alternately arranged with the sides in order to form bumping portions along the peripheral surface of the enlarged section to form a suitable shape for relaxing the muscles and fascia of a user (Liao, para [0032]).
Regarding claim 9, the modified Simmons reference, as shown in the annotated fig 3 of Liao above, discloses each of the sides comprises a front slant facet extending from an end, a rear slant facet extending from another end, and a horizontal facet extending between the front and rear slant facets.
Regarding claim 10, the modified Simmons reference, as shown in the annotated fig 3 of Liao above, discloses each of the convex and concave angles comprises a front slant ridge extending from an end, a rear slant ridge extending from another end, and a horizontal ridge extending between the front and rear slant ridges.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Robbins (2011/0257569), Piucci, Jr et al (2020/0188219), Crowe (6,878,124), and Lin (2004/0024336) discloses massage devices including a shaft and rollers, and Glennan (1,947,042) and Dagan (2013/0066245) disclose massage devices with freely rotating spheres
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YOUNG SUL whose telephone number is (571)270-5260. The examiner can normally be reached on Monday-Friday 8:30 am-5 pm EST.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785