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 Objections
Claim 9 objected to because of the following informalities: Claim 9 refers to “said heating input”. However, a heating input has not been introduced in the claims which claim 9 depends from. Examiner suggests rephrasing to “a heating input being actuatable to activate said heater and select a heat rate of said heater.” Appropriate correction is required.
Claim 12 objected to because of the following informalities: Claim 12 refers to “said massager control circuit”. However, a massage control circuit has not been introduced in claim 1 which claim 12 depends from. The massage control circuit is introduced in claims 8 and 10. Examiner suggests rephrasing to “a massage control circuit being operatively coupled to each massager of said plurality of massagers.” Appropriate correction is required.
Claim 14 objected to because of the following informalities: Claim 14 refers to “said rear portion”. However, a rear portion has not been introduced in the claims that which claim 14 depends from. The rear portion is introduced in claim 3. Examiner suggests rephrasing to “a rear portion of said rim.” Appropriate correction is required.
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.
Claims 1, 4, 6-7, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (US 20170135894 A1).
Regarding claim 1, Jones teaches a head massage apparatus comprising:
a cap having a dome shape (paragraph 0002 “an embodiment of the disclosure meets the needs presented above by generally comprising a shell that is cap shaped), an inner surface (paragraph 0002 “the shell has an inner layer and an outer layer”) of said cap defining a cavity for receiving a head of a user (paragraph 0020 “the device 10 can be placed on the head of the user”), said cap being shaped such that a rim of said cap is configured for being positioned to surround the head of the user (Fig. 5 shows the device being configured to surround the user’s head); and
a plurality of massagers being coupled to said cap, said plurality of massagers being distributed across said inner surface (claim 1 "a plurality of tracks, said tracks being positioned on and coupled to an interior surface of said inner layer, said tracks comprising rack gears; and a plurality of massage probes, each of said probes being coupled to a respective one of said tracks"), each massager of said plurality of massagers protruding inwardly with respect to said cap (Fig. 3 shows the massage probes 68 that face inward from the cap; Fig. 6 shows the massager positioned inwardly against inner layer 14), each massager of said plurality of massagers comprising a motor (paragraph 0018 "each of the probes 68 comprises a motor 70 that is operationally coupled to the power module 22 and a respective one of the plurality of tracks 56") and an engagement member (the ball 80 in Fig. 6), said engagement member of a respective massager of said plurality of massagers being eccentrically mounted to said motor of said respective massager such that said motor urges said engagement member to move in a circular path when said motor is activated (paragraph 0020 "the motor 70 is coupled to the shaft 72 allowing rotational and oscillating motion to be transferred to the ball 80, as well as massaging movements via extension and retraction of the shaft 72"), said motor of said respective massager being configured to urge said engagement member of said respective massager along the head of the user (Fig. 6 shows the ball 80 is positioned against inner layer 14 which is in contact with the head of the user).
Regarding claim 4, Jones teaches the apparatus of claim 1.
Jones further teaches wherein said engagement member of each massager of said plurality of massagers has a semispherical shape (Fig. 6 shows the massager with a semi sphere shape).
Regarding claim 6, Jones teaches the apparatus of claim 1.
Jones further teaches the apparatus further comprising a heater being coupled to said cap and being positioned on an upper segment of said cap (paragraph 0015 "a plurality of heating zones 48 is positioned in the outer layer 16”; Fig. 2 shows the heating zones extend up the cap and can be located on an upper segment).
Regarding claim 7, Jones teaches the apparatus of claim 6.
Jones further teaches wherein said heater comprises a pair of laterally spaced heating elements (paragraph 0015 "the heating zones 48 extend laterally from the left side 30 of the shell 12 to the right side 32 of the shell 12").
Regarding claim 12, Jones teaches the apparatus of claim 1.
Jones further teaches the apparatus further comprising a massager power supply being electrically coupled to said massager control circuit (paragraph 0019 "the control panel 84 is operationally coupled to the power module 22, the pump 38, the cooling unit 40, the heating element 50, the solid state music player 24 and the plurality of massage probes 68").
Regarding claim 13, Jones teaches the apparatus of claim 12.
Jones further teaches wherein said massager power supply comprises a battery (claim 11 "the device of claim 1, further including said power module comprising at least one rechargeable battery").
Regarding claim 14, Jones teaches the apparatus of claim 13.
Jones further teaches the apparatus further comprising a charging port being electrically coupled to said battery, said charging port being coupled to said cap and being positioned on an outer surface of said cap adjacent to said rear portion of said rim (claim 2 "further including a female universal serial bus port, said port being positioned in said compartment, such that said port is positioned for access by the user for recharging said power module and interfacing with said player", the port is to recharge the power module which demonstrates that the port must be electrically coupled to the battery; the port is positioned in compartment 18 of Fig. 1, which is adjacent to the rear of the cap).
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 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20170135894 A1) as applied to claim 1 and in view of Takach (US 5486156 A).
Regarding claim 2, Jones teaches the apparatus of claim 1.
Jones is silent wherein said cap is elastically stretchable such that said cap is configured to stretch around the head of the user.
However, Takach teaches an elastically stretchable cap that is configured to stretch around the head of the user (column 4, lines 11-13 "It is contemplated that the cap material should be elastic enough to stretch to fit several different sizes").
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to make the cap elastically stretchable. The elastic cap allows the device to be configured to various head sizes and shapes, makes the device more durable, and makes the cap easy to clean (column 3, lines 56-59 "The actual material chosen must be pliable so as to fit various sized skulls, easy to clean, durable, and capable of transmitting vibrations in the manner hereafter described").
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20170135894 A1) as applied to claim 1 and in view of Langlois (WO 2022094692 A1).
Regarding claim 3, Jones teaches the apparatus of claim 1.
Jones further teaches a rear portion of said rim is positioned lower than a front portion of said rim when said cap is positioned in a use condition (Fig. 5 shows the rear portion positioned lower than a front portion).
Jones is silent wherein said cap having a pair of recesses extending through said rim, each recess of said pair of recesses being positioned on a respective one of a pair of lateral portions of said rim, each recess of said pair of recesses being configured for receiving a respective ear of a pair of ears of the user, said cap having a pair of temple portions, each temple portion of said pair of temple portions being positioned forwardly of a respective recess of said pair of recesses with respect to said cap.
However, Langlois teaches a cap having a pair of recesses being positioned on a respective one of a pair of lateral portions of said rim, each recess being configured for receiving a user’s ear (Fig. 3 shows a pair of recesses configured for a user’s ear that are laterally positioned from each other) and said cap having a pair of temple portions (paragraph 0060 “The left temple region 12b and the right temple region 12c, which may also be referred to as the left flap and the right flap respectively, substantially cover the temples of the head of the wearer”), each portion being positioned forwardly of a respective recess with respect to said cap (Fig. 3 the temple regions 12b and 12c are positioned forwardly of the recess for the ears).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a pair of recesses through the rim of the cap, each recess positioned on lateral portions of the rim and being configured for receiving a pair of ears of the user and said cap having a pair of temple portions positioned forwardly of the respective pair of recesses. The defined ear recesses create a better fit on the user’s head and can improve comfortability for the user’s ear. The temple portions can protect and cover this area of a user’s head during use of the device (paragraph 0060 “the left temple region 12b and the right temple region 12c, which may also be referred to as the left flap and the right flap respectively, substantially cover the temples of the head of the wearer”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20170135894 A1) in view of Langlois (WO 2022094692 A1) as applied to claim 3 and in further view of Takach (US 5486156 A).
Regarding claim 5, modified Jones teaches the apparatus of claim 3.
Jones further teaches a plurality of massagers that includes: a group of rear massagers being positioned on a rear segment of said cap, said group of rear massagers being spaced from said rear portion of said rim (paragraph 0017 “the vertical tracks 64 extend from proximate to the front 20 to proximate to a back 66 of the shell 12”; Fig. 3 shows massage probes 68 on the vertical tracks 64 located on the rear of the cap and spaced from the rim of the cap) and a group of upper massagers being positioned on an upper segment of said cap (The vertical tracks 64 extend from the back to the front of the cap, Figs. 3 and 5 show that there are massage probes positioned on the upper segment of the cap).
Modified Jones is silent wherein said plurality of massagers includes: a group of front massagers being positioned adjacent to said front portion of said rim; a group of temple massagers, each temple massager of said group of temple massagers being positioned on an associated one of said pair of temple portions of said cap.
However, Takach teaches a plurality of massagers with a group of front massagers adjacent to said front portion of said rim (paragraph 2 “the outer surface 30 is perforated with a series of dimples or pockets 32 for mounting vibrator units 20 as more fully described later”; Fig. 3 shows a leftmost pocket 32 for mounting vibrators that are positioned adjacent to the front of the cap), a group of temple massagers being positioned on an associated one of said pair of temple portions of said cap (paragraph 3 “note that the cap extends fully over the top T and back B of the head as well as down around the temple areas and the ears”; Fig. 3 shows a middle pocket 32 for the vibrators that are positioned on a user’s temple).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include the different groups of massagers. This allows for each massager group to target a specific area of the human head and increase the overall massaging effect of the device on the head. It also allows for the group of massagers to function independently, creating more precision and targeted therapeutic effect of the device (claim 18 “provide a new and improved head vibrator with numerous mounting locations for one or more of the independently controllable forced vibration generator units”).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20170135894 A1) as applied to claims 1 and 6 and in view of Sedic (WO 2013006264 A2) and Imboden (US 7815582 B2).
Regarding claim 8, Jones teaches the apparatus of claim 1.
Jones further teaches the apparatus further comprising a massager control circuit being operatively coupled to each massager of said plurality of massagers (claim 3 "further including a control panel, said control panel being positioned in said compartment, said control panel being operationally coupled to said power module, said pump, said cooling unit, said heating element, said solid state music player and said plurality of massage probes").
Jones is silent wherein the apparatus further comprises a controller being operatively coupled to said massager control circuit and a massage input being mounted to said housing, said massage input being actuatable to activate said motors of said plurality of massagers and select a speed of each massager of said plurality of massagers.
However, Sedic teaches a controller operatively coupled to the massager control circuit (paragraph 0028 “the controller 102 and massager 104 also include interfaces 110 and 160 that permit the controller 102 and the massager 104 to interact or communicate”) and a massage input being mounted to the housing, said massage input being actuatable to activate the motors of said plurality of massagers (paragraph 0040 “the motion based controller 102 includes an increase button 302 and a decrease button 304 for increasing or decreasing settings of the massager 104 remotely, and an adjustment button 306 for adjusting settings of the massager, such as turning it on or off”) and select a speed of each massager (paragraph 0028 “using interface 110, the controller 102 can send control signals or instructions to the massager 104 regarding what setting to implement in the massager 104. For example, the control signals can indicate that the massager 104 should turn on or off, increase or decrease speed”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a controller that is operatively coupled to the massager control circuit with a massage input being actuatable to activate the motors of each massager and select a speed of each massager. A controller allows the user to more conveniently adjust the function and settings of the head massager without interfering with the massager itself (paragraph 0003 “having a convenient mechanism for controlling the personal massager makes it more likely that the user will enjoy the massager and be able to easily operate it”).
Jones is silent on a housing being hollow.
However, Imboden teaches a controller comprising a hollow housing (paragraph 21 “an oval seal, or o-ring, 33 provides a seal between housing top 35 and housing bottom 37. The various electronic components are contained within the housing”; Fig.6 shows a hollow housing top 35 and housing bottom 37 where the housing itself can be hollow but the remote still holds electrical components 80).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a controller a hollow housing. This allows for a lighter controller for the user to handle and can reduce manufacturing costs, and the hollow housing can better accommodate the electrical components disposed within the controller (paragraph 20 “this construction offers the benefits of being impervious to water and other fluids, smooth and continuous in form such that the surface is easy to keep clean, and inexpensive to manufacture”).
Regarding claim 10, Jones teaches the apparatus of claim 6.
Jones further teaches the apparatus further comprising a massager control circuit being operatively coupled to each massager of said plurality of massagers and said heater (claim 3 " further including a control panel, said control panel being positioned in said compartment, said control panel being operationally coupled to said power module, said pump, said cooling unit, said heating element, said solid state music player and said plurality of massage probes").
Jones is silent a controller being operatively coupled to said massager control circuit, said controller comprising a massage input being mounted to said housing, said massage input being actuatable to activate said motors of said plurality of massagers and select a speed of each massager of said plurality of massagers; and a heating input being mounted to said housing, said heating input being actuatable to activate said heater and select a heat rate of said heater.
However, Sedic teaches a controller operatively coupled to the massager control circuit (paragraph 0028 “the controller 102 and massager 104 also include interfaces 110 and 160 that permit the controller 102 and the massager 104 to interact or communicate”) and a massage input being mounted to the housing, said massage input being actuatable to activate the motors of said plurality of massagers (paragraph 0040 “the motion based controller 102 includes an increase button 302 and a decrease button 304 for increasing or decreasing settings of the massager 104 remotely, and an adjustment button 306 for adjusting settings of the massager, such as turning it on or off”) and select a speed of each massager (paragraph 0028 “using interface 110, the controller 102 can send control signals or instructions to the massager 104 regarding what setting to implement in the massager 104. For example, the control signals can indicate that the massager 104 should turn on or off, increase or decrease speed”) and a heating input being mounted to said housing, said heating input being actuatable to activate said heater and select a heat rate of said heater (paragraph 0040 “one or more of these buttons 302, 304, 306 can be included on the controller 102 if desired, to provide the user with the option to use buttons for some forms of control of the massager”; the button can be a heating input and can be used to control a setting of the massager such as heat rate of the heater).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a controller that is operatively coupled to the massager control circuit with a massage input being actuatable to activate the motors of each massager and select a speed of each massager and a heating input being actuatable to activate said heater and select a heat rate of said heater. A controller allows the user to more conveniently adjust the function and settings of the head massager without interfering with the massager itself (paragraph 0003 “having a convenient mechanism for controlling the personal massager makes it more likely that the user will enjoy the massager and be able to easily operate it”). It would have been obvious to configure the controller to adjust the massage speed and heating rate for ease of use of the massage apparatus and adjusting the device to best suit the user’s specific needs.
Jones is silent on the controller comprising a housing being hollow.
However, Imboden teaches a controller comprising a hollow housing (paragraph 21 “an oval seal, or O-ring, 33 provides a seal between housing top 35 and housing bottom 37. The various electronic components are contained within the housing”; Fig.6 shows a hollow housing top 35 and housing bottom 37 where the housing itself can be hollow but the remote still holds electrical components 80).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a controller a hollow housing. This allows for a lighter controller for the user to handle and can reduce manufacturing costs, and the hollow housing can better accommodate the electrical components disposed within the controller (paragraph 20 “this construction offers the benefits of being impervious to water and other fluids, smooth and continuous in form such that the surface is easy to keep clean, and inexpensive to manufacture”).
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20170135894 A1) in view of Sedic (WO 2013006264 A2) and Imboden (US 7815582 B2) as applied to claim 8 and 10 and in further view of Yong (KR 20200038843 A).
Regarding claim 9, modified Jones teaches the apparatus of claim 8.
Modified Jones is silent on the apparatus further comprising a receiver being electrically coupled to said massager control circuit; and said controller further comprising: a remote control circuit being electrically coupled to said massage input and said heating input; a transmitter being electrically coupled to said remote control circuit for transmitting control signals to said receiver.
However, Sedic teaches the apparatus comprising a receiver being electrically coupled to said massager control circuit (paragraph 0029 “the interfaces 110 and 160 can be wired or wireless interfaces, such as wireless transceivers that transmit and/or receive control signals between the devices”; Fig. 1A the interface 160 on the massager 104 can be a wireless transceiver and is connected to the control module 158); and the controller further comprising a remote control circuit being electrically coupled to said massage input and said heating input (paragraph 0031 “both the controller 102 and the massager 104 include a control module 108, 158 that controls the operation of the devices”); a transmitter being electrically coupled to said remote control circuit for transmitting control signals to said receiver (paragraph 0029 “the interfaces 110 and 160 can be wired or wireless interfaces, such as wireless transceivers that transmit and/or receive control signals between the devices”; Fig. 1A the interface 110 on the controller 102 can be receive signals from 160 and is connected to the control module 108).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a receiver electrically coupled to the massager control circuit and a controller comprising a remote control circuit coupled to the massage input and heating input and a transmitter being electrically coupled to the remote control circuit. The receiver coupled to the massager control circuit and the transmitter coupled to the remote control circuit allow a user to control the massager via the controller and for the massager to receive the control signals (claim 25 “the means for transmitting configured for transmitting control signals to the massager, based on the setting selected by the user”). The remote control circuit allows the controller to be operational with the massager, making use of the apparatus easier (paragraph 0003 “having a convenient mechanism for controlling the personal massager makes it more likely that the user will enjoy the massager and be able to easily operate it”).
Modified Jones is silent on a remote power supply being electrically coupled to said remote control circuit.
However, Yong teaches a remote power supply being electrically coupled to said remote control circuit (page 30 claim 9 " the controller, a communication unit that receives the user input from a user terminal through wireless communication; a display unit that displays information received through the communication unit; and a battery unit for applying power to the controller").
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a power supply coupled to said remote control circuit. The power supply is necessary to power the electrical components within the remote control that allow it to function for the user.
Regarding claim 11, modified Jones teaches the apparatus of claim 10.
Modified Jones is silent on the apparatus further comprising a receiver being electrically coupled to said massager control circuit; and said controller further comprising: a remote control circuit being electrically coupled to said massage input and said heating input; a transmitter being electrically coupled to said remote control circuit for transmitting control signals to said receiver.
However, Sedic teaches the apparatus comprising a receiver being electrically coupled to said massager control circuit (paragraph 0029 “the interfaces 110 and 160 can be wired or wireless interfaces, such as wireless transceivers that transmit and/or receive control signals between the devices”; Fig. 1A the interface 160 on the massager 104 can be a wireless transceiver and is connected to the control module 158); and the controller further comprising a remote control circuit being electrically coupled to said massage input and said heating input (paragraph 0031 “both the controller 102 and the massager 104 include a control module 108, 158 that controls the operation of the devices”); a transmitter being electrically coupled to said remote control circuit for transmitting control signals to said receiver (paragraph 0029 “the interfaces 110 and 160 can be wired or wireless interfaces, such as wireless transceivers that transmit and/or receive control signals between the devices”; Fig. 1A the interface 110 on the controller 102 can be receive signals from 160 and is connected to the control module 108).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a receiver electrically coupled to the massager control circuit and a controller comprising a remote control circuit coupled to the massage input and heating input and a transmitter being electrically coupled to the remote control circuit. The receiver coupled to the massager control circuit and the transmitter coupled to the remote control circuit allow a user to control the massager via the controller and for the massager to receive the control signals (claim 25 “the means for transmitting configured for transmitting control signals to the massager, based on the setting selected by the user”). The remote control circuit allows the controller to be operational with the massager, making use of the apparatus easier (paragraph 0003 “having a convenient mechanism for controlling the personal massager makes it more likely that the user will enjoy the massager and be able to easily operate it”).
Modified Jones is silent on a remote power supply being electrically coupled to said remote control circuit.
However, Yong teaches a remote power supply being electrically coupled to said remote control circuit (page 30 claim 9 " the controller, a communication unit that receives the user input from a user terminal through wireless communication; a display unit that displays information received through the communication unit; and a battery unit for applying power to the controller").
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a power supply coupled to said remote control circuit. The power supply is necessary to power the electrical components within the remote control that allow it to function for the user.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20170135894 A1) in view of Takach (US 5486156 A), Langlois (WO 2022094692 A1), Sedic (WO 2013006264 A2), Imboden (US 7815582 B2), and Yong (KR 20200038843 A).
Regarding claim 15, Jones teaches a head massage apparatus comprising:
a cap having a dome shape (paragraph 0002 “an embodiment of the disclosure meets the needs presented above by generally comprising a shell that is cap shaped), an inner surface (paragraph 0002 “the shell has an inner layer and an outer layer”) of said cap defining a cavity for receiving a head of a user (paragraph 0020 “the device 10 can be placed on the head of the user”), said cap being shaped such that a rim of said cap is configured for being positioned to surround the head of the user (Fig. 5 shows the device being configured to surround the user’s head), a rear portion of said rim being positioned lower than a front portion of said rim when said cap is positioned in a use condition (Fig. 5 shows the rear portion positioned lower than a front portion);
a plurality of massagers being coupled to said cap, said plurality of massagers being distributed across said inner surface 9 claim 1 "a plurality of tracks, said tracks being positioned on and coupled to an interior surface of said inner layer, said tracks comprising rack gears; and a plurality of massage probes, each of said probes being coupled to a respective one of said tracks"), each massager of said plurality of massagers protruding inwardly with respect to said cap (Fig. 3 shows the massage probes 68 that face inward from the cap; Fig. 6 shows the massager positioned inwardly against inner layer 14), each massager of said plurality of massagers comprising a motor (paragraph 0018 "each of the probes 68 comprises a motor 70 that is operationally coupled to the power module 22 and a respective one of the plurality of tracks 56") and an engagement member (the ball 80 in Fig. 6), said engagement member of a respective massager of said plurality of massagers being eccentrically mounted to said motor of said respective massager such that said motor urges said engagement member to move in a circular path when said motor is activated (paragraph 0020 "the motor 70 is coupled to the shaft 72 allowing rotational and oscillating motion to be transferred to the ball 80, as well as massaging movements via extension and retraction of the shaft 72"), said motor of said respective massager being configured to urge said engagement member of said respective massager along the head of the user (Fig. 6 shows the ball 80 is positioned against inner layer 14 which is in contact with the head of the user), said engagement member of each massager of said plurality of massagers having a semispherical shape (Fig. 6 shows the massager with a semi sphere shape),
a group of rear massagers being positioned on a rear segment of said cap, said group of rear massagers being spaced from said rear portion of said rim (paragraph 0017 “the vertical tracks 64 extend from proximate to the front 20 to proximate to a back 66 of the shell 12”; Fig. 3 shows massage probes 68 on the vertical tracks 64 located on the rear of the cap and spaced from the rim of the cap);
and a group of upper massagers being positioned on an upper segment of said cap (the vertical tracks 64 extend from the back to the front of the cap, Figs. 3 and 5 show that there is massage probes positioned on the upper segment of the cap);
a heater being coupled to said cap and being positioned on said upper segment of said cap (paragraph 0015 "a plurality of heating zones 48 is positioned in the outer layer 16”; Fig. 2 shows the heating zones extend up the cap and can be located on an upper segment), said heater comprising a pair of laterally spaced heating elements (paragraph 0015 "the heating zones 48 extend laterally from the left side 30 of the shell 12 to the right side 32 of the shell 12");
a massager control circuit being operatively coupled to each massager of said plurality of massagers and said heater (claim 3 "further including a control panel, said control panel being positioned in said compartment, said control panel being operationally coupled to said power module, said pump, said cooling unit, said heating element, said solid state music player and said plurality of massage probes");
a massager power supply being electrically coupled to said massager control circuit (paragraph 0019 "the control panel 84 is operationally coupled to the power module 22"), said massager power supply comprising a battery (claim 11 "the device of claim 1, further including said power module comprising at least one rechargeable battery");
and a charging port being electrically coupled to said battery, said charging port being coupled to said cap and being positioned on an outer surface of said cap adjacent to said rear portion of said rim (claim 2 "further including a female universal serial bus port, said port being positioned in said compartment, such that said port is positioned for access by the user for recharging said power module and interfacing with said player", the port is to recharge the power module which demonstrates that the port must be electrically coupled to the battery; the port is positioned in compartment 18 of Fig. 1, which is adjacent to the rear of the cap).
Jones is silent on said cap being elastically stretchable such that said cap is configured to stretch around the head of the user.
However, Takach teaches an elastically stretchable cap that is configured to stretch around the head of the user (column 4, lines 11-13 "It is contemplated that the cap material should be elastic enough to stretch to fit several different sizes").
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to make the cap elastically stretchable. The elastic cap allows the device to be configured to various head sizes and shapes, makes the device more durable, and makes the cap easy to clean (column 3, lines 56-59 "The actual material chosen must be pliable so as to fit various sized skulls, easy to clean, durable, and capable of transmitting vibrations in the manner hereafter described").
Jones is silent wherein said cap having a pair of recesses extending through said rim, each recess of said pair of recesses being positioned on a respective one of a pair of lateral portions of said rim, each recess of said pair of recesses being configured for receiving a respective ear of a pair of ears of the user, said cap having a pair of temple portions, each temple portion of said pair of temple portions being positioned forwardly of a respective recess of said pair of recesses with respect to said cap.
However, Langlois teaches a cap having a pair of recesses being positioned on a respective one of a pair of lateral portions of said rim, each recess being configured for receiving a user’s ear (Fig. 3 shows a pair of recesses configured for a user’s ear that are laterally positioned from each other) and said cap having a pair of temple portions (paragraph 0060 “The left temple region 12b and the right temple region 12c, which may also be referred to as the left flap and the right flap respectively, substantially cover the temples of the head of the wearer”), each portion being positioned forwardly of a respective recess with respect to said cap (Fig. 3 the temple regions 12b and 12c are positioned forwardly of the recess for the ears).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a pair of recesses through the rim of the cap, each recess positioned on lateral portions of the rim and being configured for receiving a pair of ears of the user and said cap having a pair of temple portions positioned forwardly of the respective pair of recesses. The defined ear recesses create a better fit on the user’s head and can improve comfortability for the user’s ear. The temple portions can protect and cover this area of a user’s head during use of the device (paragraph 0060 “the left temple region 12b and the right temple region 12c, which may also be referred to as the left flap and the right flap respectively, substantially cover the temples of the head of the wearer”).
Jones is silent wherein said plurality of massagers includes: a group of front massagers being positioned adjacent to said front portion of said rim; a group of temple massagers, each temple massager of said group of temple massagers being positioned on an associated one of said pair of temple portions of said cap.
However, Takach teaches a plurality of massagers with a group of front massagers adjacent to said front portion of said rim (paragraph 2 “the outer surface 30 is perforated with a series of dimples or pockets 32 for mounting vibrator units 20 as more fully described later”; Fig. 3 shows a leftmost pocket 32 for mounting vibrators that are positioned adjacent to the front of the cap), a group of temple massagers being positioned on an associated one of said pair of temple portions of said cap (paragraph 3 “note that the cap extends fully over the top T and back B of the head as well as down around the temple areas and the ears”; Fig. 3 shows a middle pocket 32 for the vibrators that are positioned on a user’s temple).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include the different groups of massagers. This allows for each massager group to target a specific area of the human head and increase the overall massaging effect of the device on the head. It also allows for the group of massagers to function independently, creating more precision and targeted therapeutic effect of the device (claim 18 “provide a new and improved head vibrator with numerous mounting locations for one or more of the independently controllable forced vibration generator units”).
Jones is silent on a receiver being electrically coupled to said massager control circuit;
a controller being operatively coupled to said massager control circuit, said controller comprising:
a massage input being mounted to said housing, said massage input being actuatable to activate said motors of said plurality of massagers and select a speed of each massager of said plurality of massagers;
a heating input being mounted to said housing, said heating input being actuatable to activate said heater and select a heat rate of said heater;
a remote control circuit being electrically coupled to said massage input and said heating input;
a transmitter being electrically coupled to said remote control circuit for transmitting control signals to said receiver.
However, Sedic teaches a receiver being electrically coupled to said massager control circuit (paragraph 0029 “the interfaces 110 and 160 can be wired or wireless interfaces, such as wireless transceivers that transmit and/or receive control signals between the devices”; Fig. 1A the interface 160 on the massager 104 can be a wireless transceiver and is connected to the control module 158); a controller operatively coupled to the massager control circuit (paragraph 0028 “the controller 102 and massager 104 also include interfaces 110 and 160 that permit the controller 102 and the massager 104 to interact or communicate”) and a massage input being mounted to the housing, said massage input being actuatable to activate the motors of said plurality of massagers (paragraph 0040 “the motion based controller 102 includes an increase button 302 and a decrease button 304 for increasing or decreasing settings of the massager 104 remotely, and an adjustment button 306 for adjusting settings of the massager, such as turning it on or off”) and select a speed of each massager (paragraph 0028 “using interface 110, the controller 102 can send control signals or instructions to the massager 104 regarding what setting to implement in the massager 104. For example, the control signals can indicate that the massager 104 should turn on or off, increase or decrease speed”) and a heating input being mounted to said housing, said heating input being actuatable to activate said heater and select a heat rate of said heater (paragraph 0040 “one or more of these buttons 302, 304, 306 can be included on the controller 102 if desired, to provide the user with the option to use buttons for some forms of control of the massager”; the button can be a heating input and can be used to control a setting of the massager such as heat rate of the heater); a remote control circuit being electrically coupled to said massage input and said heating input (paragraph 0031 “both the controller 102 and the massager 104 include a control module 108, 158 that controls the operation of the devices”); a transmitter being electrically coupled to said remote control circuit for transmitting control signals to said receiver (paragraph 0029 “the interfaces 110 and 160 can be wired or wireless interfaces, such as wireless transceivers that transmit and/or receive control signals between the devices”; Fig. 1A the interface 110 on the controller 102 can be receive signals from 160 and is connected to the control module 108).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a receiver electrically coupled to the massager control circuit and a controller operatively connected to said massager control circuit, said controller comprising a massage input to activate said motors of the massagers, a heating input to activate said heater, a remote control circuit coupled to the massage input and heating input and a transmitter being electrically coupled to the remote control circuit. The receiver coupled to the massager control circuit and the transmitter coupled to the remote control circuit allow a user to control the massager via the controller and for the massager to receive the control signals (claim 25 “the means for transmitting configured for transmitting control signals to the massager, based on the setting selected by the user”). A controller itself allows the user to more conveniently adjust the function and settings of the head massager without interfering with the massager itself (paragraph 0003 “having a convenient mechanism for controlling the personal massager makes it more likely that the user will enjoy the massager and be able to easily operate it”). It would have been obvious to configure the controller to adjust the massage speed and heating rate for ease of use of the massage apparatus and adjusting the device to best suit the user’s specific needs.
Jones is silent on said controller comprising a housing being hollow.
However, Imboden teaches a controller comprising a hollow housing (paragraph 21 “an oval seal, or O-ring, 33 provides a seal between housing top 35 and housing bottom 37. The various electronic components are contained within the housing”; Fig.6 shows a hollow housing top 35 and housing bottom 37 where the housing itself can be hollow but the remote still holds electrical components 80).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a controller a hollow housing. This allows for a lighter controller for the user to handle and can reduce manufacturing costs, and the hollow housing can better accommodate the electrical components disposed within the controller (paragraph 20 “this construction offers the benefits of being impervious to water and other fluids, smooth and continuous in form such that the surface is easy to keep clean, and inexpensive to manufacture”).
Jones is silent on a remote power supply being electrically coupled to said remote control circuit.
However, Yong teaches a remote power supply being electrically coupled to said remote control circuit (page 30 claim 9 " the controller, a communication unit that receives the user input from a user terminal through wireless communication; a display unit that displays information received through the communication unit; and a battery unit for applying power to the controller").
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Jones to include a power supply coupled to said remote control circuit. The power supply is necessary to power the electrical components within the remote control that allow it to function for the user.
Conclusion
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/AKHIL A JAYAN/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785