DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Taiwan on January 27th, 2022. It is noted, however, that applicant has not filed a certified copy of the TW 11/1103710 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference number 30 in Figs. 8-9. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0028, “fame body” should read “frame body”
Paragraph 0002, Line 4 and any other recitation, it is recommended to change “connecting bears” to “connecting bearings”
Appropriate correction is required.
Claim Objections
Claims 1-7 are objected to because of the following informalities:
Claim 1, line 4, “at two ends thereof” should read “at two ends of the frame body”
Claim 1, line 5, “the inner surface thereof” should read “an inner surface of the two first connecting bases”
Claim 1, line 6, “the connecting bears” should read “the three connecting bears”
Claim 1, line 8, “the first connecting base” should read “the two first connecting base”
Claim 1, line 10, “fame” should read “frame”
Claim 1, line 14, “the eccentric wheels” should read “the two eccentric wheels”
Claim 1, lines 16-17, “at two ends thereof” should read “at ends of the two connecting rods”
Claim 1, line 19, “secured thereon” should read “secured on the two driven shafts”
Claim 1, line 25, “the middles” should read “a middle portion”
Claim 1, line 32, “the massage heads” should read “the plurality of massage heads”
Claim 2, line 2, “the first connecting base” should read “one of the two first connecting bases”
Claim 3, line 2, “driving motor connected at” should read “the driving motor is connected at”
Claim 3, line 2, “the middle” should read “a middle”
Claim 4, line 2, “at one end thereof” should read “at one end of the rotary base”
Claim 4, lines 3-4, “the eccentric wheel” should read “each of the two eccentric wheels”
Claim 5, lines 1-2, “wherein each of the massage heads” should read “wherein each of the plurality of massage heads”
Claim 5, line 2, “the massage head is” should read “the plurality of massage heads are”
Claim 5, line 3, “the driven shaft” should read “each of the two driven shafts”
Claim 5, line 4, “the swing arm” should read “each of the two swing arms”
Claim 5, line 5, “at the end of the driven shaft” should read “at the end of the two driven shafts”
Claims 1, 2, and any other recitation, it is recommended to change “connecting bears” to “connecting bearings”
Appropriate correction is required.
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 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the term “three connecting bears”, “the connecting bears”, “the two connecting bears”, “the two corresponding connecting bears”, and “the middle of connecting bears” is used. Since the limitation uses different antecedent for each calling of the connecting bears, it is unclear whether the connecting bears mentioned later in the claim are the same connecting bears or different connecting bears. Additionally, in lines 4-5 and 23-27, the limitation appears to be claiming the position of the connecting bears where they are at a “corresponding position”, two of the connecting bears are at “a middles of the two first connecting bases”, and “the two corresponding connecting bears at two sides of the middle of connecting bears”. It is unclear what the corresponding positions of each connecting bears are as “a middle of the two first connecting base” can be taken as the middle of base horizontally or the middle of the base vertically. The limitation “two sides of the middle of connecting bears” is unclear since it is not understood what “the middle of connecting bears” is referring to. This uncertainty renders the claim indefinite.
For purpose of examination, the “three connecting bears” is being taken each of the two first connecting bases comprises a left bearing, a center bearing, and a right bearing configured to be horizontally adjacent. The driving shaft is configured to connect to each center bearing of the two first connecting bases, the two driven shafts comprise a first driven shaft and a second driven shaft; where the first driven shaft is configured to connect to each of the left bearings of the two first connecting bases, and the second driven shaft is configured to connect to each of the right bearings of the two first connecting bearings.
Claims 2-7 are also rejected due to antecedent basis.
Further, claim 2, recites the term “the connecting bearing at the middle” in line 3. It is unclear whether the connecting bearing is one of the bears from claim 1 or a completely different bearing which renders the claim indefinite. For purpose of examination, based off of the 112b of claim 1, “the connecting bearing at the middle” is being interpreted as one of the center bears of the two first connecting bases.
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, 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Le (US 11730662) in view of Zheng (CN 109091358) and its translation (EspaceNet Translation) and further in view of Craw (US 5094225).
Regarding claim 1, Le discloses
a multifunctional massager (Figs. 30-32; massage apparatus 701; Col. 25, Lines 42-45) comprising a frame body (Figs. 30-32; frame 710; Col. 25, Lines 42-45) and a massage member (Figs. 30-32; massage device 760; Col. 25, Lines 42-45);
wherein the frame body (Figs. 30-32; frame 710; Col. 25, Lines 42-45) has two first connecting bases (see modified Fig. 32 below) respectively formed at two ends thereof at symmetrical positions (see modified Fig. 32 below); and
each of the two first connecting bases (see modified Fig. 32 below) comprises three connecting bears (Figs. 30-32; bearings 778aR, 778aL, 778bR, 778bL, 778cR, 778cL; Col. 27, Lines 51-55), and
the connecting bears (Figs. 30-32; bearings 778aR, 778aL, 778bR, 778bL, 778cR, 778cL; Col. 27, Lines 51-55)on the two first connecting bases are located at corresponding positions (see modified Fig. 32 below), and
the distance between two adjacent connecting bears (Figs. 30-32; bearings 778aR, 778aL, 778bR, 778bL, 778cR, 778cL; Col. 27, Lines 51-55) on the first connecting base is the same (see modified Fig. 32 below);
an accommodating space (see modified Fig. 32 below) is formed between the two first connecting bases (see modified Fig. 32 below); and
PNG
media_image1.png
604
1009
media_image1.png
Greyscale
wherein the massage member (Figs. 30-32; massage device 760; Col. 25, Lines 42-45) installed on the fame body (Figs. 30-32; frame 710; Col. 25, Lines 42-45) between the two first connecting bases (see modified Fig. 32 above) comprises
a driving motor (Figs. 30-32; motor 812; Col. 27, Lines 58-67 and Col. 28, Line 1),
a driving shaft (Fig. 32; rotational shaft 814b; Col. 27, Lines 26-31), and
two driven shafts (Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5);
the driving motor (Figs. 30-32; motor 812; Col. 27, Lines 58-67 and Col. 28, Line 1)) is connected to and drives the driving shaft (Fig. 32; rotational shaft 814b; Col. 27, Lines 26-31), and
each of the two driven shafts (Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5) has a plurality of massage heads (Fig. 32; smaller massage rollers 817aR, 817aL, 817bR, 817bL, 817cR, 817cL; Col. 25, Lines 3-9) secured thereon (Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5), and
the two driven shafts (Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5) parallel (Fig. 32; rotational shafts are parallel to each other) with the driving shaft (Fig. 32; rotational shaft 814b; Col. 27, Lines 26-31) are positioned at two sides (see modified Fig. 32 (1) below) of the driving shaft (Fig. 32; rotational shaft 814b; Col. 27, Lines 26-31);
the two ends of the driving shaft (Fig. 32; rotational shaft 814b; Col. 27, Lines 26-31) are respectively and pivotally connected to the two connecting bears (Fig. 32; bearings 778bR, 778bL; Col. 27, Lines 51-55) at the middles of the two first connecting bases (see modified Fig. 32 (1) below), and
the two driven shafts (Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5) are respectively connected between the two first connecting bases (see modified Fig. 32 (1) below) through the two corresponding connecting bears (Fig. 32; bearings 778aR, 778aL, 778cR, 778cL; Col. 27, Lines 51-55) at two sides of the middle of connecting bears (see modified Fig. 32 (1) below; 778bR, 778bL; Col. 27, Lines 51-55).
PNG
media_image2.png
604
1009
media_image2.png
Greyscale
Le does not disclose wherein the massage member comprises: the two first connecting bases comprises connecting bears at the inner surface thereof; two connecting rods, two eccentric wheels are connected to two ends of the driving shaft, and the eccentric wheels are located at staggered positions, so that the rotation paths of the two eccentric wheels are opposite; the two connecting rods are respectively connected to the two eccentric wheels at the ends thereof, and the two connecting rods are respectively extended outward in staggered directions; each of the two driven shafts is pivotally connected to a swing arm, and the two swing arms respectively and pivotally connected to the two connecting rods are respectively located at diagonal positions on the two driven shafts; when the driving motor drives and rotates the driving shaft, the two eccentric wheels are adapted to eccentrically drive the two connecting rods to carry out the reciprocating actions of internal pull and external push, and the two driven shafts are driven to have relative swing so as to achieve the massage purpose through the massage heads.
Zheng discloses a therapy massage
wherein the massage member (Figs. 1-7; therapy massager; [0026], Lines 1-7) comprises:
two connecting rods (Figs. 3-4; rocker arm connecting rods 60; [0027], Lines 1-18)
two eccentric wheels (Figs. 3-4; eccentric wheels 13; [0027], Lines 1-6) are connected to two ends of the driving shaft (Figs. 2-4; motor shaft worm 02 with front shafts 42 of double-headed shaft gear; [0027], Lines 1-12; each of the eccentric wheels 13 is connected to one of the front shafts 42 which is connected to different sides of motor shaft worm 02), and
the eccentric wheels (Figs. 2-4; eccentric wheels 13; [0027], Lines 1-12) are located at staggered positions (Figs. 4 and 6; [0027], Lines 1-12), so that the rotation paths of the two eccentric wheels are opposite (Fig. 4; eccentric wheels 13 rotate in opposite directions; [0027], Lines 1-12);
the two connecting rods (Figs. 2-4; connecting rods 60; [0027], Lines 1-18) are respectively connected to the two eccentric wheels (Figs. 3-4; eccentric wheels 13; [0027], Lines 1-6) at the ends thereof (Figs. 3-4; outer circle 131 of eccentric wheel is inserted into hole in the front circle 61 of connecting rod; [0027], lines 9-12), and
the two connecting rods (Figs. 2-4; connecting rods 60; [0027], Lines 1-18) are respectively extended outward in staggered directions (Fig. 4; connecting rods 60 extend outward from shafts 42 in staggered directions);
each of the two driven shafts (Figs. 3-4; pins 05 inserted into upper end holes 71 of connecting rods 60 (one for each side/base); [0027], Lines 12-16) is pivotally connected (see Figs. 3-6) to a swing arm (Figs. 3-4 and 6; lower end of rocker massage arms 70; [0027], Lines 12-16), and
the two swing arms (Figs. 3-4 and 6; lower end of rocker massage arms 70; [0027], Lines 12-16) respectively and pivotally connected (Figs. 3-6; pins 05 pivotally connect rocker massage arms 70 and connecting rods 60; [0027], Lines 12-16) to the two connecting rods (Figs. 2-4; connecting rods 60; [0027], Lines 1-18) are respectively located at diagonal positions (Figs. 3, 4, and 6; rocker massage arms 70 extend diagonally from pins 05) on the two driven shafts (Figs. 3-4; pins 05 inserted into upper end holes 71 of connecting rods 60 (one for each side/base); [0027], Lines 12-16);
when the driving motor (Figs. 2-4; massage motor 01; [0026], Lines 2-6) drives and rotates the driving shaft (Figs. 2-4; motor shaft worm 02 with front shafts 42 of double-headed shaft gear; [0026], Lines 1-10),
the two eccentric wheels (Figs. 2-4; eccentric wheels 13; [0027], Lines 1-12) are adapted to eccentrically drive the two connecting rods (Figs. 3-4 and 6; connecting rods 60 (one for each side/base); [0027], Lines 1-18) to carry out the reciprocating actions of internal pull and external push (Figs. 4 and 6; eccentric wheel pulls/pushes connecting rods 60), and
the two driven shafts (Figs. 3-4; pins 05 inserted into lower end holes 72 of connecting rods 60 (one for each side/base); [0027], Lines 1-18) are driven to have relative swing so as to achieve the massage purpose through the massage heads (Figs. 4 and 6; performs a left and right arc-shaped swinging motion together with the massage heads 74; [0027], Lines 12-18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the pulley system of the massage device of Le with the eccentric wheels, connecting rods, pins, and lower end of rocker massage arms of Zheng in order to imitate the massage action of human hands by clenching or opening in the opposite direction (Zheng: [0027], Lines 1-18).
Zheng does not disclose the two first connecting bases comprises connecting bears at the inner surface thereof.
Craw discloses a massage device with
the two first connecting bases (Fig. 1; frame 12; Col. 2, Lines 38-46) comprises connecting bears at the inner surface thereof (see modified Fig. 1 below)
PNG
media_image3.png
512
900
media_image3.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage device and frame of the modified device of Le with the frame of Craw to provide further structure to the axles/shafts that is portable and compact.
Regarding claim 2, the modified device of Le discloses
the multifunctional massager (Le: massage apparatus; Zheng: connecting rods, eccentric wheel; Craw: bearing in frame) of claim 1,
wherein the driving motor (Le: Figs. 30-32; motor 812; Col. 27, Lines 58-67 and Col. 28, Line 1) is located at the position aligned with the connecting bearing at the middle (see modified Fig. 32 below; 778bR, 778bL; Col. 27, Lines 51-55).
PNG
media_image4.png
464
844
media_image4.png
Greyscale
The modified device of Le does not disclose wherein the driving motor connected at one end of the driving shaft is located in the first connecting base.
However, Craw further discloses
wherein the driving motor (Fig. 1; drive motor 14; Col. 2, Lines 41-44) connected at one end of the driving shaft (Fig. 1; axle 22; Col. 2, Lines 41-44; connected to one end of axle 22 through sprockets 16, 20 and chain 18) is located in the first connecting base (Fig. 1; frame 12; Col. 2, Lines 41-44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gearbox and motor of the modified device of Le to be placed in the frame as taught in Craw to be mounted in one side of the frame. Additionally, since such a modification would simply involve merely the gearbox and motor to be positioned in one side of the frame without changing the operation of the device, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
Regarding claim 3, Le further discloses
the multifunctional massager (Le: massage apparatus; Zheng: connecting rods, eccentric wheel; Craw: bearing in frame) of claim 1,
wherein the driving motor (Figs. 30-32; motor 812; Col. 27, Lines 58-67 and Col. 28, Line 1) connected at the middle (Fig. 32; motor 812 in gearbox 810 are located in the middle of the rotation shaft 814b) of the driving shaft (Fig. 32; rotational shaft 814b; Col. 27, Lines 26-31) is secured on the frame body (Figs. 30-32; frame 710 through gearbox 810; Col. 25, Lines 42-45 and Col. 27, Lines 26-32).
Regarding claim 4, the modified device of Le further discloses
the multifunctional massager (Le: massage apparatus; Zheng: connecting rods, eccentric wheel; Craw: bearing in frame) of claim 1,
wherein each of the two connecting rods (Zheng: Figs. 3-4; rocker arm connecting rods 60; [0027], Lines 1-18) comprises a rotary base (Zheng: Figs. 3-4; front circle 61 of connecting rod 60; [0027], lines 9-12) installed at one end thereof (Zheng: Figs. 3-4; rocker arm connecting rods 60; [0027], Lines 1-18), and
each of the rotary bases (Zheng: Figs. 3-4; front circle 61 of connecting rods 60; [0027], lines 9-12) has a connecting hole (Zheng: inner circle/hole of the front circle 61; [0027], lines 9-12) to securely connect to the eccentric wheel (Zheng: Figs. 3-4; eccentric outer circle 131 of eccentric wheels 13; [0027], Lines 1-6).
Regarding claim 5, the modified device of Le further discloses
the multifunctional massager (Le: massage apparatus; Zheng: connecting rods, eccentric wheel; Craw: bearing in frame) of claim 1,
wherein each of the massage heads (Le: Fig. 32; smaller massage rollers 817aR, 817aL, 817bR, 817bL, 817cR, 817cL; Col. 25, Lines 3-9) comprises a second connecting base (Le: Fig. 32; larger rollers 816aR, 816aL, 816cR, 816cL ; Col. 25, Lines 1-9), and
the massage head (Le: Fig. 32; smaller massage rollers 817aR, 817aL, 817bR, 817bL, 817cR, 817cL; Col. 25, Lines 3-9) is secured on the driven shaft (Le: Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5) through the second connecting base (Le: Fig. 32; larger rollers 816aR, 816aL, 816cR, 816cL ; Col. 25, Lines 1-9);
each of the two driven shafts (Le: Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5) is connected to the swing arm (Zheng: Figs. 3-4 and 6; lower end of rocker massage arms 70; [0027], Lines 12-16) extended from the second connecting base (Le: Fig. 32; larger rollers 816aR, 816aL, 816cR, 816cL ; Col. 25, Lines 1-9) at the end of the driven shaft (Le: Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5), and
the two swing arms (Zheng: Figs. 3-4 and 6; lower end of rocker massage arms 70; [0027], Lines 12-16) are respectively located at diagonal positions (Zheng: Figs. 3, 4, and 6; rocker massage arms 70 extend diagonally) on the two driven shafts (Le: Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5).
Regarding claim 6, the modified device of Le further discloses
the multifunctional massager (Le: massage apparatus; Zheng: connecting rods, eccentric wheel; Craw: bearing in frame) of claim 1,
wherein the two swing arms (Zheng: Figs. 3-4 and 6; lower end of rocker massage arms 70; [0027], Lines 12-16) are respectively installed on the ends of the two driven shafts (Le: Fig. 32; rotational shafts 814a and 814c; Col. 25, Lines 1-5) at diagonal positions (Zheng: Figs. 3, 4, and 6; rocker massage arms 70 extend diagonally).
Regarding claim 7, the modified device of Le discloses
the multifunctional massager (Le: massage apparatus; Zheng: connecting rods, eccentric wheel; Craw: bearing in frame) of claim 1,
The modified device of Le does not disclose wherein a cover is adapted to cover the frame body and the massage member.
However, Craw further discloses
wherein a cover (cloth cover; Col. 3, Lines 1-9) is adapted to cover the frame body (Fig. 1; frame 12; Col. 3, Lines 1-9) and the massage member (Fig. 1; massage device 10; Col. 3, Lines 1-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage apparatus of the modified device of Le with the cloth cover of Craw to enclose the frame which prevents dust and the like from getting into the mechanism of the massaging device (Craw: Col. 3, Lines 1-9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lin (CN 106943299) – A multifunctional massaging mechanism with a driving shaft and two driven shafts comprising multiple massage mechanisms with multiple massage heads.
Chen (US 20140163441) – A massage device capable of kneading and percussion with an eccentric cam mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY REYES RUSSELL whose telephone number is (703)756-4567. The examiner can normally be reached M-F 830am -530pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.R.R./Examiner, Art Unit 3785 /MARGARET M LUARCA/Primary Examiner, Art Unit 3785