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
2. Claims 1-18 are pending and currently under consideration for patentability under 37 CFR 1.104.
Information Disclosure Statement
The information disclosure statement filed April 25, 2024, 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. No copy has been provided for CN 304106145. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “87” has been used to designate both “audio speakers” (see four instances of “speakers” throughout para. [0039]) and “vibratory motors” (see the last sentence of para. [0038]). It appears the vibratory motors should be associated with reference character --89-- instead, based upon para. [0040].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “360” has been used to designate both “lower leg massage assembly” (see the first sentence of para. [0046]) and “compressor” (see three instances throughout para. [0048]).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“wireless connection 111” (see the last sentence of [0042]). It appears “111” should be inserted in place of “97” in Figure 5 (“a user may input commands through a wireless connection 111 with the communications interface 95 with a personal electronic device 82” see the last sentence of [0042]). Reference character “97” instead refers to “liquid bags” in para. [0038].
“heating elements 385” (see the last sentence of [0054]).
“vibratory motors 387” (see the last sentence of [0054]).
The drawings are objected to because the unlabeled rectangular box(es) shown in Figure 5 should be provided with descriptive text labels in order to facilitate a clear understanding of the drawings without undue reliance on the specification for understanding of the subject matter depicted therein. For example, box 91 should be labeled --LED lighting--, etc.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claims 1, 5, 9, and 14 are objected to because of the following informalities:
Claim 1, line 3 recites “a reclined position” and Examiner suggests --the reclined position-- because “a reclined position” has already been recited in line 1.
Claim 5, lines 1-2 recite “the first fluid pump and the second fluid pump are selectively placed in fluid communication within the first fluid bag and the second fluid bag” and it appears this should state --with-- instead of “within” based upon the disclosure. The disclosed fluid pump(s) are not selectively placed within the first fluid bag and second fluid bag. Examiner suggests --the first fluid pump and the second fluid pump are selectively placed in fluid communication with the first fluid bag and the second fluid bag--.
Claim 9, lines 1-2 recite “a plurality of vibratory motor” and Examiner suggests --a plurality of vibratory motors--.
Claim 14, lines 1-2 recite “the first fluid pump and the second fluid pump are selectively placed in fluid communication within the first fluid bag and the second fluid bag” and it appears this should state --with-- instead of “within” based upon the disclosure. The disclosed fluid pump(s) are not selectively placed within the first fluid bag and second fluid bag. Examiner suggests --the first fluid pump and the second fluid pump are selectively placed in fluid communication with the first fluid bag and the second fluid bag--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a fluid cooling assembly” in line 8 of claim 11. This uses the generic placeholder “assembly” coupled with functional language “fluid cooling” without reciting sufficient structure to perform the function. The corresponding structure described in the specification is a “refrigeration unit comprised of the compressor 360 and a second coil 361b may be used to cool the water that is stored in the corresponding reservoir” (see lines 13-15 of para. [0048] on page 20 of the Specification).
“a fluid heating assembly” in line 9 of claim 11. This uses the generic placeholder “assembly” coupled with functional language “fluid heating” without reciting sufficient structure to perform the function. The corresponding structure described in the specification is “a compressor 360 and coil 361a may be provided to heat the fluid to the desired temperature. Alternatively, a heater element (not shown) may be provided, e.g., mounted within the storage reservoir that is used for warm fluids … disposed below the normal level of massage liquid … [or] the heating apparatus may be external to the corresponding reservoir with water being directed thereto” (see lines 5-12 of para. [0048] on page 20 of the Specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shank (4,258,706) in view of Elliott et al. (2009/0312679).
Regarding claim 1, Shank discloses an apparatus (Figs. 1-2, Figs. 9-11) for massage of a user in a reclined position (on reclining chair framework 30 and cushions 20, Fig. 1; see col. 7, lines 17-25. Additionally, the recitation of massage in a reclined position is merely a recitation of purpose or intended use in the preamble. Since the body of the claim describes a complete invention, the intended use is not limiting, see MPEP 2111.02(II). However, it is noted that Shank is provides a vibrating thermal massage “conducive toward complete muscle relaxation,” see the last five lines of the Abstract), comprising:
a housing structure (reclining chair framework 30 with side walls 32, rear wall 34, armrests 38, foot member 40, head member 42, bottom-positioned structural members 44, and bottom floor member 46, Figs. 1-2) having a base portion (bottom floor member 46 and bottom-positioned structural members 44, Fig. 2) with user support surfaces (outer surfaces of cushion means 20, see Figs. 1-2) for supporting the user in a reclined position (on reclining chair framework 30, Figs. 1-2), and
a massage assembly (fluid reservoir 74, hollow pillows 22a, 24a, 26a, 26a, fluid pump means 58a, see Figs. 1-2 and Fig. 11. It is noted that the Figs. 9-11 embodiment is being relied upon, which has the same form as Figs. 1-8 except it additionally includes a control switch 62a and pressure-sensing switch 68a to adjust the fluidic pressure, see col. 16, lines 12-39) disposed adjacent the user support surfaces (each element of the massage assembly is either connected to or nearby cushion means 20, see Fig. 2), the massage assembly including:
at least one fluid storage reservoir (fluid reservoir 74, Fig. 2),
at least one fluid bag (hollow pillow cells 22, 24, 26, 28, Figs. 1-2, which receive fluid 54 as seen in Fig. 7; see also 22a, 24a, 26a, 28a, Fig. 11); and
at least one fluid pump (fluid pump means 58a, Fig. 11) in fluid communication with both the at least one fluid storage reservoir (fluid reservoir 74 directly connects to pump 58a, see Fig. 11) and the at least one fluid bag (hollow pillow cells 22a, 24a, 26a, 28a, see Fig. 11; see col. 9, lines 1-9),
wherein the at least one fluid pump (58a) is configured to circulate fluid from the at least one fluid storage reservoir (reservoir 74, Fig. 11) to the at least one fluid bag (each fluid bag 22a, 24a, 26a, 28a, has a supply line 56a and an exhaust duct 70a and the circulation of the fluid is illustrated with the darkened arrows and it returns to reservoir 74 via outlet manifold 72a, see Fig. 11; see col. 9, line 62 through col. 10, line 3).
Shank is silent regarding a (single) user support surface, with the at least one fluid bag being disposed within the user support surface.
Elliott teaches a related apparatus (Fig. 1) for providing hydro-therapy massage to a user in a reclined position (see user U in Fig. 3) with a user support surface (user support surface 14, Fig. 1, Fig. 3) that is waterproof and directly adjacent an open-mesh netting (38, Fig. 1) that permits transmission of fluid pressure from a fluid spray arrangement against the underside of the sheet (see the last sentence of [0029]). This user support surface (14) is able to substantially conform to the body of the user and impart a massaging effect to the body from liquid pressure while still keeping the user dry (see lines 4-15 of [0028]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one fluid bag of Shank to have its outer surface made of an open-mesh netting and to have a single user support surface extending over the reclining chair as generally taught by Elliott so the user support surface substantially conforms to the body of the user and imparts a massaging effect to the body from the filling pressure of the liquid bag(s) while still keeping the user dry. In the modified Shank/Elliott device, the at least one liquid bag (22a, 24a, 26a, 28a of Shank as modified by Elliott to have open-mesh netting) would thus be disposed within (under) the user support surface (14, Fig. 1 of Elliott).
Regarding claim 6, the modified Shank/Elliott device discloses wherein the user support surface (14, Fig. 1 of Elliott) further comprises a substantially planar seat back portion (see Fig. 3 of Elliott, the user support surface 14 is substantially planar against the user’s Upper Body UB), a substantially planar leg portion (see Fig. 3 of Elliott, the user support surface 14 is substantially planar against the user’s Lower Legs LL), and a seat portion disposed therebetween (see Fig. 3 of Elliott, the user support surface 14 includes a seat portion adjacent Upper Legs UL), wherein the seat back portion and the leg portion form an angle therebetween (the plane of the lower leg portion LL and the plane of the upper body portion UB form an angle, see Fig. 3 of Elliott).
Regarding claim 7, the modified Shank/Elliott device discloses wherein the massage assembly further comprises a fluid spray assembly (fluid supply means 56, Fig. 7; 56a, Fig. 11 of Shank, these discharge pressurized liquid into the liquid bag(s) 22a, 24a, 26a, 28a, and “the magnitude of the inlet pressure applied to the inner chamber in each of the hollow pillows can be adjusted to any desired magnitude by merely rotating the knob 160” see Fig. 9 and col. 16, lines 27-32. Thus, the pressurized liquid discharge is a fluid spray assembly) disposed within the base portion of the housing structure (supply means 56 extend through the base portion of the housing as seen in Fig. 2 of Shank) for directing a fluid stream at the user support surface (as seen in Fig. 7 of Shank, the fluid supply means 56 directs pressurized liquid upward, towards the outer surface of the liquid bag(s) 22a, 24a, 26a, 28a, and thus towards the user support surface 14 of Elliott) for imparting a massaging effect through the user support surface to an upper body portion and a lower body portion of the user (see Fig. 2 of Shank, the liquid bag(s) 22, 24, 26, 28, are positioned under the upper body portion and lower body portion of the user, and the pressurized liquid from fluid supply means 56 is configured to impart a massaging effect through the user support surface because it has an adjustable pressure via knob 160 and because the user support surface 14 of Elliott is designed to transmit fluid pressure to the user to impart a massaging effect, see lines 4-15 of [0028] of Elliott).
Regarding claim 8, the modified Shank/Elliott device discloses wherein the user support surface (14 as taught by Elliott) comprises a waterproof membrane (“user support surface 14 may be formed of a relatively thin sheet 34 of a waterproof material” see Fig. 1 and the first sentence of [0028] of Elliott) and an open net mesh (“open-mesh netting 38,” see Fig. 1 and the first sentence of [0029] of Elliott) disposed both adjacent to and below the waterproof membrane (the open-mesh netting 38 is adjacent and below the waterproof membrane 34, see Fig. 1 and the last sentence of [0029] of Elliott).
Regarding claim 9, the modified Shank/Elliott device discloses wherein the massage assembly further comprises a plurality of vibratory motor (plurality of vibrator motors 122a, Fig. 10 of Shank) disposed within (under) the user support surface (vibrator motors 122 are disposed within the seat as seen in Fig. 2 and Fig. 7 of Shank, and this will be within, i.e., interior to the user support surface 14 of Elliott in the modified device).
Regarding claim 10, the modified Shank/Elliott device discloses wherein the massage assembly further comprises a plurality of heating elements (heating panels 82, Fig. 7, 82a, Fig. 10 of Shank) disposed within the user support surface (heating panels 82 are disposed within the seat as seen in Fig. 2 and Fig. 7 of Shank, and this will be within, i.e., interior to the user support surface 14 of Elliott in the modified device).
Claims 2-5 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Shank (4,258,706) in view of Elliott et al. (2009/0312679) as applied to claim 1 above, and further in view of Howe (2021/0007928).
Regarding claim 2, the modified Shank/Elliott device discloses wherein the at least one fluid storage reservoir includes a first fluid storage reservoir (74, Fig. 2, Fig. 11 of Shank), the at least one fluid bag includes a first (hollow pillow 22a, Fig. 11 of Shank) and a second fluid bag (hollow pillow 24a, Fig. 11 of Shank), and the at least one fluid pump includes a first pump (pump 58a, Fig. 11 of Shank), wherein the first fluid pump (58a) is in fluid communication with the first fluid reservoir (22a, see Fig. 11 of Shank).
The modified Shank/Elliott device is silent regarding a second fluid storage reservoir and a second fluid pump, wherein the second fluid pump is in fluid communication with the second fluid reservoir.
Howe teaches a related apparatus for dry hydrotherapy massage (see the first sentence of [0014]) of a user in a reclined position (via reclining massage chair 10, Fig. 1) including a first fluid storage reservoir (heat tank 604, Fig. 6) and a second fluid storage reservoir (cool tank 606, Fig. 6), and a first fluid bag (water-filled heating and cooling pad 50, Figs. 5-6; this “may be incorporated into any of the disclosed embodiments of the water and air adjustable massage chair 10” see lines 1-4 of [0025]) and a second fluid bag (“embodiments can include additional pads that are easily attached to the main water line to provide heat or cooling anywhere on the body of the user of the chair system,” see also the last sentence of [0013]), and a first (pump 608a, Fig. 6) and second fluid pump (pump 608b, Fig. 6), wherein the first fluid pump (608a) is in fluid communication with the first fluid reservoir (604, see Fig. 6, the first fluid reservoir has an outlet “to water pad” that is shown to be in fluid communication with pump 608a to be sent to water pad 50) and the second fluid pump (608b) is in fluid communication with the second fluid reservoir (606, see Fig. 6, the second fluid reservoir has an outlet “to chiller” that is shown to be in fluid communication with pump 608b to be sent to chiller 601). This arrangement allows the first and second fluid bags to be rapidly heated for therapeutic effect or rapidly cooled to aid in recovery after an injury or physical activity (see lines 1-15 [0040]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fluid reservoir and pump of Shank/Elliott to have a first fluid reservoir and a second fluid reservoir, a first fluid pump and a second fluid pump, wherein the first fluid pump is in fluid communication with the first fluid reservoir and the second fluid pump is in fluid communication with the second fluid reservoir as taught by Howe because this will allow the plurality of fluid bags to be rapidly heated for therapeutic effect or rapidly cooled to aid in recover after an injury or physical activity.
Regarding claim 3, the modified Shank/Elliott/Howe device discloses wherein the first fluid reservoir (heat tank 604, Fig. 6 of Howe) contains fluid (“water is circulated and regulated … through a heating tank 604 and a cooling tank 606” see the third sentence of [0041] of Howe) at a first temperature, the second fluid reservoir (cool tank 606, Fig. 6 of Howe) contains fluid (water) of a second temperature, and the first temperature is greater than the second temperature (the Howe temperature control system rapidly changes temperature of the water pad(s) 50 from as low as 55 ˚F, and as high as 95 ˚F by circulating the water through heating and cooling units, see lines 1-12 of [0040]. The “cool tank” 606 is fed by fluid from “chiller” 601, while the “heat tank” 604 provides heated water in Fig. 6. Thus, the heated water will have a temperature greater than the chilled water).
Regarding claim 4, the modified Shank/Elliott/Howe device as currently combined is silent regarding wherein the massage assembly further comprises a heating element disposed within the first fluid storage reservoir (heat tank 604, Fig. 6 of Howe).
However, Elliott additionally teaches that its massage assembly may enhance the massaging effect with a broad range of liquid temperatures by having a heating element disposed within a fluid storage reservoir (“heater element (not shown) may be provided, e.g., mounted within the liquid reservoir basin 28 below the normal level of massage liquid therein to be substantially continuously submerged in the stored massage liquid. A thermostat (not shown) is preferably provided in the electrical circuit to the heating element to provide selective control of the temperature of the massage liquid” see lines 1-13 of [0027]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first fluid storage reservoir of Shank/Elliott/Howe to include a heating element disposed within the reservoir and controlled by a thermostat as taught by Elliott because this is a combination of prior art elements according to known techniques (mounting a heater element within the liquid reservoir, below the normal level of massage liquid and with a thermostat in the electrical circuit) to provide predictable results of selectively adjusting the heated temperature of the hot water tank to suit the user’s temperature preferences.
Regarding claim 5, the modified Shank/Elliott/Howe device discloses wherein the first fluid pump (608a, Fig. 6 of Howe) and the second fluid pump (608b, Fig. 6 of Howe) are selectively placed in fluid communication (via electric three-way valve 610, T-joints 618a, 618b, 618c, Fig. 6 of Howe. Pump 608a is in direct fluid communication with pad(s) 50, and pump 608b is at least indirectly in fluid communication with the pad(s) 50 by circulating fluid through the chiller 601 and/or heat tank 604 as seen in Fig. 6. “Water is circulated and regulated by a small pumps 608a & 608b and is circulated through a heating tank 604 and a cooling tank 606” see the third sentence of [0041]) within (with) the first fluid bag (hollow pillow 22a of Shank as modified by water pad 50, Fig. 6 of Howe) and the second fluid bag (an additional water pad, which is “attached to the main water line to provide heat or cooling” see the last sentence of [0013] of Howe. This additional water pad would be in selective fluidic communication with both pumps 608a and 608b as they circulate and regulate the water via the valve and T-joint arrangements in order for this additional water pad to be selectively heated and cooled).
Regarding claim 11, Shank discloses an apparatus (Figs. 1-2, Figs. 9-11) for massage of a user (the recitation of massage is merely a recitation of purpose or intended use in the preamble. Since the body of the claim describes a complete invention, the intended use is not limiting, see MPEP 2111.02(II). However, it is noted that Shank is provides a vibrating thermal massage “conducive toward complete muscle relaxation,” see the last five lines of the Abstract), comprising:
a housing structure (reclining chair framework 30 with side walls 32, rear wall 34, armrests 38, foot member 40, head member 42, bottom-positioned structural members 44, and bottom floor member 46, Figs. 1-2) having a base portion (bottom floor member 46 and bottom-positioned structural members 44, Fig. 2) with user support surfaces (outer surfaces of cushion means 20, see Figs. 1-2) for supporting the user in a reclined position (on reclining chair framework 30, Figs. 1-2), and
a massage assembly (fluid reservoir 74, hollow pillows 22a, 24a, 26a, 26a, fluid pump means 58a, see Figs. 1-2 and Fig. 11. It is noted that the Figs. 9-11 embodiment is being relied upon, which has the same form as Figs. 1-8 except it additionally includes a control switch 62a and pressure-sensing switch 68a to adjust the fluidic pressure, see col. 16, lines 12-39) disposed adjacent the user support surfaces (each element of the massage assembly is either connected to or nearby cushion means 20, see Fig. 2), the massage assembly including:
at least one fluid storage reservoir (fluid reservoir 74, Fig. 2);
at least one fluid bag (hollow pillow cells 22, 24, 26, 28, Figs. 1-2, which receive fluid 54 as seen in Fig. 7; see also 22a, 24a, 26a, 28a, Fig. 11);
a fluid heating assembly (plurality of heating panels 82, Fig. 7; 82a, Fig. 11); and
at least one fluid pump (fluid pump means 58a, Fig. 11) in fluid communication with both the at least one fluid storage reservoir (fluid reservoir 74 directly connects to pump 58a, see Fig. 10) and the at least one fluid bag (hollow pillow cells 22a, 24a, 26a, 28a, see Fig. 11; see col. 9, lines 1-9),
wherein the at least one fluid pump (58a) is configured to circulate fluid from the at least one fluid storage reservoir (reservoir 74, Fig. 11), and the at least one fluid bag (each fluid bag 22a, 24a, 26a, 28a, has a supply line 56a and an exhaust duct 70a and the circulation of the fluid is illustrated with the darkened arrows and it returns to reservoir 74 via outlet manifold 72a, see Fig. 11; see col. 9, line 62 through col. 10, line 3).
Shank is silent regarding a (single) user support surface, with the at least one fluid bag being disposed within the user support surface; a fluid cooling assembly, and the at least one fluid pump configured to circulate fluid from the fluid cooling assembly and the fluid heating assembly.
Elliott teaches a related apparatus (Fig. 1) for providing hydro-therapy massage to a user in a reclined position (see user U in Fig. 3) with a user support surface (user support surface 14, Fig. 1, Fig. 3) that is waterproof and directly adjacent an open-mesh netting (38, Fig. 1) that permits transmission of fluid pressure from a fluid spray arrangement against the underside of the sheet (see the last sentence of [0029]). This user support surface (14) is able to substantially conform to the body of the user and impart a massaging effect to the body from liquid pressure while still keeping the user dry (see lines 4-15 of [0028]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one fluid bag of Shank to have its outer surface made of an open-mesh netting and to have a single user support surface extending over the reclining chair as generally taught by Elliott so the user support surface substantially conforms to the body of the user and imparts a massaging effect to the body from the filling pressure of the liquid bag(s) while still keeping the user dry. In the modified Shank/Elliott device, the at least one liquid bag (22a, 24a, 26a, 28a of Shank as modified by Elliott to have open-mesh netting) would thus be disposed within (under) the user support surface (14, Fig. 1 of Elliott).
The modified Shank/Elliott device is still silent regarding a fluid cooling assembly, and the at least one fluid pump configured to circulate fluid from the fluid cooling assembly and the fluid heating assembly.
Howe teaches a related apparatus for dry hydrotherapy massage (see the first sentence of [0014]) of a user in a reclined position (via reclining massage chair 10, Fig. 1). Howe’s massage assembly includes at least one fluid storage reservoir (heat tank 604 and cool tank 606, Fig. 6), at least one fluid bag (water-filled heating and cooling pad 50, Figs. 5-6; this “may be incorporated into any of the disclosed embodiments of the water and air adjustable massage chair 10” see lines 1-4 of [0025]. Additionally, a second fluid bag may be included “embodiments can include additional pads that are easily attached to the main water line to provide heat or cooling anywhere on the body of the user of the chair system,” see also the last sentence of [0013]), a fluid cooling assembly (cool tank 606 and chiller 601, Fig. 6. This is at least an equivalent of the 112(f) corresponding structure of “fluid cooling assembly” because it performs the function of cooling the water associated with reservoir 606), a fluid heating assembly (the heating associated with heat tank 604, Fig. 6. This is at least an equivalent of the 112(f) corresponding structure of “fluid heating assembly” because it performs the function of heating the water). Howe has at least one fluid pump (pumps 608a, 608b, Fig. 6) in fluid communication with the at least one fluid storage reservoir (604, 606, see Fig. 6; the first fluid reservoir has an outlet “to water pad” that is shown to be in fluid communication with pump 608a to be sent to water pad 50 and the second fluid reservoir has an outlet “to chiller” that is shown to be in fluid communication with pump 608b to be sent to chiller 601). The at least one fluid pump (608a, 608b) is configured to circulate fluid from the at least one fluid storage reservoir (604, 606, Fig. 6), the fluid cooling assembly (601, 606, Fig. 6), the fluid heating assembly (heating associated with heat tank 604, Fig. 6; “water is circulated and regulated by a small pumps 608a & 608b and is circulated through a heating tank 604 and a cooling tank 606” see the third sentence of [0041]), and the at least one fluid bag (the fluid bag(s) can be rapidly heated or cooled, see lines 1-15 of [0040]). This arrangement allows the first and second fluid bags to be rapidly heated for therapeutic effect or rapidly cooled to aid in recovery after an injury or physical activity (see lines 1-15 [0040]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fluid reservoir and pump of Shank/Elliott to have a first fluid reservoir with a fluid heating assembly and a second fluid reservoir with a fluid cooling assembly, a first fluid pump and a second fluid pump, wherein the at least one fluid pump is configured to circulate fluid from the at least one fluid storage reservoir, the fluid cooling assembly, the fluid heating assembly, and the at least one fluid bag as taught by Howe because this will allow the plurality of fluid bags to be rapidly heated for therapeutic effect or rapidly cooled to aid in recover after an injury or physical activity.
Regarding claim 12, the modified Shank/Elliott/Howe device discloses wherein the at least one fluid storage reservoir includes a first (heat tank 604, Fig. 6 of Howe) and a second fluid storage reservoir (cool tank 606, Fig. 6 of Howe), the at least one fluid bag includes a first (hollow pillow 22a, Fig. 11 of Shank, as modified by Howe to be in communication with a fluid heating assembly and a fluid cooling assembly) and a second fluid bag (hollow pillow 24a, Fig. 11 of Shank, as modified by Howe to be in communication with a fluid heating assembly and a fluid cooling assembly), and the at least one fluid pump includes a first (608a, Fig. 6 of Howe) and a second fluid pump (608b, Fig. 6 of Howe), wherein the first fluid pump (608a) is in fluid communication with the first fluid reservoir (604, see Fig. 6 of Howe, the first fluid reservoir has an outlet “to water pad” that is shown to be in fluid communication with pump 608a to be sent to water pad 50) and the second fluid pump (608b) is in fluid communication with the second fluid reservoir (606, see Fig. 6 of Howe, the second fluid reservoir has an outlet “to chiller” that is shown to be in fluid communication with pump 608b to be sent to chiller 601).
Regarding claim 13, the modified Shank/Elliott/Howe device discloses wherein the first fluid reservoir (heat tank 604, Fig. 6 of Howe) contains fluid (“water is circulated and regulated … through a heating tank 604 and a cooling tank 606” see the third sentence of [0041] of Howe) at a first temperature, the second fluid reservoir (cool tank 606, Fig. 6 of Howe) contains fluid (water) of a second temperature, and the first temperature is greater than the second temperature (the Howe temperature control system rapidly changes temperature of the water pad(s) 50 from as low as 55 ˚F, and as high as 95 ˚F by circulating the water through heating and cooling units, see lines 1-12 of [0040]. The “cool tank” 606 is fed by fluid from “chiller” 601, while the “heat tank” 604 provides heated water in Fig. 6. Thus, the heated water will have a temperature greater than the chilled water).
Regarding claim 14, the modified Shank/Elliott/Howe device discloses wherein the first fluid pump (608a, Fig. 6 of Howe) and the second fluid pump (608b, Fig. 6 of Howe) are selectively placed in fluid communication (via electric three-way valve 610, T-joints 618a, 618b, 618c, Fig. 6 of Howe. Pump 608a is in direct fluid communication with pad(s) 50, and pump 608b is at least indirectly in fluid communication with the pad(s) 50 by circulating fluid through the chiller 601 and/or heat tank 604 as seen in Fig. 6. “Water is circulated and regulated by a small pumps 608a & 608b and is circulated through a heating tank 604 and a cooling tank 606” see the third sentence of [0041]) within (with) the first fluid bag (hollow pillow 22a of Shank as modified by water pad 50, Fig. 6 of Howe) and the second fluid bag (hollow pillow 24a of Shank as modified by additional water pad which is “attached to the main water line to provide heat or cooling” see the last sentence of [0013] of Howe. This additional water pad would be in selective fluidic communication with both pumps 608a and 608b as they circulate and regulate the water via the valve and T-joint arrangements in order for this additional water pad to be selectively heated and cooled).
Regarding claim 15, the modified Shank/Elliott/Howe device discloses wherein the user support surface (14, Fig. 1 of Elliott) further comprises a substantially planar seat back portion (see Fig. 3 of Elliott, the user support surface 14 is substantially planar against the user’s Upper Body UB), a substantially planar leg portion (see Fig. 3 of Elliott, the user support surface 14 is substantially planar against the user’s Lower Legs LL), and a seat portion disposed therebetween (see Fig. 3 of Elliott, the user support surface 14 includes a seat portion adjacent Upper Legs UL), wherein the seat back portion and the leg portion form an angle therebetween (the plane of the lower leg portion LL and the plane of the upper body portion UB form an angle, see Fig. 3 of Elliott).
Regarding claim 16, the modified Shank/Elliott/Howe device discloses wherein the massage assembly further comprises a fluid spray assembly (fluid supply means 56, Fig. 7; 56a, Fig. 11 of Shank, these discharge pressurized liquid into the liquid bag(s) 22a, 24a, 26a, 28a, and “the magnitude of the inlet pressure applied to the inner chamber in each of the hollow pillows can be adjusted to any desired magnitude by merely rotating the knob 160” see Fig. 9 and col. 16, lines 27-32. Thus, the pressurized liquid discharge is a fluid spray assembly) disposed within the base portion of the housing structure (supply means 56 extend through the base portion of the housing as seen in Fig. 2 of Shank) for directing a fluid stream at the user support surface (as seen in Fig. 7 of Shank, the fluid supply means 56 directs pressurized liquid upward, towards the outer surface of the liquid bag(s) 22a, 24a, 26a, 28a, and thus towards the user support surface 14 of Elliott) for imparting a massaging effect through the user support surface to an upper body portion and a lower body portion of the user (see Fig. 2 of Shank, the liquid bag(s) 22, 24, 26, 28, are positioned under the upper body portion and lower body portion of the user, and the pressurized liquid from fluid supply means 56 is configured to impart a massaging effect through the user support surface because it has an adjustable pressure via knob 160 and because the user support surface 14 of Elliott is designed to transmit fluid pressure to the user to impart a massaging effect, see lines 4-15 of [0028] of Elliott).
Regarding claim 17, the modified Shank/Elliott/Howe device discloses wherein one of the fluid cooling assembly (cool tank 606 and chiller 601, Fig. 6 of Howe) and the fluid heating assembly (heating associated with heat tank 604, Fig. 6 of Howe) are selectively placeable in fluid communication (via electric three-way valve 610, T-joints 618a, 618b, 618c, Fig. 6 of Howe. Pump 608a is in direct fluid communication with pad(s) 50, and pump 608b is at least indirectly in fluid communication with the pad(s) 50 by circulating fluid through the chiller 601 and/or heat tank 604 as seen in Fig. 6. “Water is circulated and regulated by a small pumps 608a & 608b and is circulated through a heating tank 604 and a cooling tank 606” see the third sentence of [0041] of Howe) with the fluid spray assembly (the heated and/or cooled fluid is discharged through the fluid spray assembly 56a, into the fluid bag(s) 22a, 24a, 26a, 28a, in the modified device).
Regarding claim 18, the modified Shank/Elliott/Howe device discloses wherein the massage assembly further comprises a plurality of vibratory motors (plurality of vibrator motors 122a, Fig. 10 of Shank) and a plurality of heating elements (heating panels 82, Fig. 2; 82a, Fig. 10 of Shank) disposed within (under) the user support surface (vibrator motors 122 are disposed within the seat as seen in Fig. 2 and Fig. 7 of Shank, and this will be within, i.e., interior to the user support surface 14 of Elliott in the modified device. Similarly, heating panels 82 are disposed within, i.e., interior to the user support surface 14 of Elliott).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ricchio (4,635,620) discloses a related hydro-massage table with a fluid spray system that sprays heated water against the underside of a membrane on which a reclining body is supported. Marlin et al. (4,976,256) discloses a related hydro-massage table with a heating element within a fluid reservoir. Urso (5,380,269) discloses a related hydro-massage chair with a heating and cooling unit that extends into a reservoir, and it is in fluid communication with at least one fluid bag. Rey (5,503,618) discloses a related hydro-massage device with at least one fluid bag that includes a heater and a fluid spray assembly to pulsate the fluid bag. Arzt (6,036,663) discloses a related hydro-massage reclined chair with at least one fluid bag that is injected with water via nozzles that are in communication with a fluid heating assembly. Kahn (2002/0151830) discloses a related hydro-massage reclined chair. Burns et al. (6,572,570) discloses a related hydro-massage reclined chair with at least one fluid bag disposed within the user support surface. Pisani et al. (2005/0203447) discloses a related hydro-massage device wherein the fluid reservoir may be heated by a heating element immersed in the reservoir. Wang (2006/0129074) discloses a related hydro-massage table with a fluid spray assembly and a heating element installed in the pump for heating water. Turell et al. (2007/0100261) discloses a related hydro-massage reclined table with a mesh net underside to transmit pressure from a fluid spray assembly. Howe (2012/0016274) discloses a related hydro-massage table with heated or cooled liquid. Howe (2023/0144593) discloses a related hydro-massage reclined chair with a fluid heating assembly and a fluid cooling assembly.
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/CHRISTOPHER E MILLER/Examiner, Art Unit 3785