DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 9, 11-17, 21-23 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Li CN 205286885.
Regarding claims 1 and 2, Li discloses a self-propelling massaging device comprising: a massage element having a first end (9,10, 2-4) and a second end (9, 10, 6-8), wherein the first end is attached to a first rotational connector (1) and the second end is attached to a second rotational connector (5); one or more housings (11) supporting the first and second rotational connectors, further wherein the first and second rotational connectors are secured relative to each other so that the first and second ends are not coaxial (Li, Figure 1), and wherein the massage element at least partially forms a limb opening (Li, Figure 1) that is configured to receive a body part of a user into the limb opening for massaging by the massage element; and one or more motors (13) coupled to at least one of the first and second rotational connectors, and wherein, when at least one of the first and second rotational connectors are rotated by the one or more motors (Li EPO translation: ¶0009), the at least one of the first and second rotational connectors cause a rotation of the first and second ends to rotate the massage element about a curved longitudinal axis of the massage element so that the device moves along the body part, thereby providing a self-propelling massage to the body part (Li EPO translation: ¶0019). Li is capable of performing the functional language of claim 2.
Regarding claim 3, Li further discloses the massage element comprising a plurality of textured protrusions (20).
Regarding claim 4, Li further discloses the massage element being made of an elastic material (Li EPO translation: ¶0008).
Regarding claim 5, Li further discloses a diameter of the limb opening at least partially formed by the massage element dynamically adapts to a diameter of the body part as the device moves along the body part (Li translation, ¶0052).
Regarding claim 6, Li further discloses the first and second ends of the massage element are attached to the first and second rotational connectors through an attaching structure comprising a circular channel holder (Li, Figure 4)(shaft 41 is inserted into a circular channel holder within 40).
Regarding claim 9, Li further discloses the one or more motors being configured to rotate the first and second rotational connectors in opposite directions (Li EPO translation : ¶0041).
Regarding claim 11, Li further discloses the first and second rotational connectors comprise one or more secondary massage elements (15) configured to be in contact with the body part inserted into the limb opening, and are configured to aid in the movement of the self-propelling massaging device along the body part (Li EPO translation: ¶0037).
Regarding claim 12, Li further discloses the one or more secondary massage elements comprise a plurality of protruding elements around an outer surface of the one or more secondary massage elements to provide an enhanced massage stimulation to the body part (Li, Figure 2).
Regarding claim 13, Li further discloses the one or more motors comprises a first motor (13) housed in the one or more housings and a second motor (13) housed in the one or more housings, and further wherein the self-propelling massaging device further comprises a hinge (9) connected to a first housing of the one or more housings and to a second housing of the one or more housings (Li EPO translation: ¶0039), such that the first and second motor housings rotate around an axis of the hinge during movement of the self-propelling massaging device (Li EPO translation: ¶0039), and wherein each of the first and second motors comprises a motor shaft on which the first and second rotational connectors are fitted (Li, Figure 3).
Regarding claim 14, Li further discloses the massaging device further comprises a control unit (Li EPO translation: ¶0017) for controlling operation of the massaging device, wherein the control unit comprises: a Printed Circuit Board (PCB) (Li EPO translation: ¶0011) with a processing unit configured to perform one or more control operations on the one or more motors (Li EPO translation: ¶0037); at least one rechargeable battery (22) for powering the massaging device; and a user interface to receive a user input for controlling operations of the massaging device (Li EPO translation: ¶0037).
Regarding claim 15, Li further discloses the control unit being external to the massaging device (Li EPO translation: ¶0017).
Regarding claim 16, Li further discloses controlling speed of rotation of the one or more motors (Li EPO translation ¶0037).
Regarding claim 17, Li further discloses the one or more control operations are autonomously controlled by the control unit or manually controllable by a user of the massaging device (Li EPO translation: ¶0037).
Regarding claim 21, Li further discloses the first rotational connector and the second rotational connector being secured at an angle that is configured to grip side portions of the body part received in the limb opening (Li, Figure 1)(Li is capable of performing this function).
Regarding claim 22, Li further discloses a secondary massage element (15) rotatably mounted to the one or more housings, wherein the secondary massage element is configured to massage a section of the body part not massaged by the massage element when the device moves along the body part.
Regarding claim 23, Li discloses a self-propelling massaging device comprising a massage element (Li, Figure 1) forming at least part of a limb opening that is configured to receive a body part of a user; a first rotational connector (1) coupled to a first end of the massage element; a second rotational connector (5) coupled to a second end of the massage element; one or more housings (11) supporting the first and second rotational connectors so that the first and second rotational connectors are secured relative to each other and the first and second ends are not coaxial (Li, Figure 1); one or more motors (13) coupled to at least one of the first and second rotational connectors and configured to cause a rotation of the first and second ends of the massage element so that the device moves along the body part, thereby providing a self-propelling massage to the body part (Li EPO translation: ¶0019); and a control unit (Li EPO translation: ¶0017) for controlling operation of the massaging device, wherein the control unit comprises: a processing unit (Li EPO translation: ¶0037) configured to perform one or more control operations on the one or more motors; at least one rechargeable battery (22) for powering the massaging device; and a user interface (remote control) to receive a user input for controlling operations of the massaging device.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Li CN2052868854.
Regarding claim 18, Li discloses the device of claim 14 but fails to disclose the details of the remote control. However, the examiner takes official notice that it is known in the art for remote controls to comprise at least one of a touch interface, a keypad, a button, a toggle switch, or a mobile application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the remote control of Li to comprise at least one of a touch interface, a keypad, a button, a toggle switch, or a mobile application in order for the user to effectively control the massage device.
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Li CN2052868854 teaches multiple massage elements connected by hinges. Replacing the massage elements and hinges with a coil would require improper hindsight.
Response to Arguments
Applicant’s arguments, filed 08/03/2026, with respect to the claim(s) rejected under Stoll DE 3801953 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.
Applicants amendments to the claims have overcome the 35 U.S.C. 112(b) rejection of 03/03/20206.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
