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 Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 10 recites “a second magnet (32, 33)” but should read --a second magnet-- because none of the other components are annotated with drawing characters. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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) 1-3, 6, 7 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pahl (US 20190083354 A1).
Regarding claim 1, Pahl discloses A negative pressure sucking massage device (Abstract) comprising: a housing (Figure 3, housing “2”); a negative pressure generation unit (Figure 3); and a power source (Figure 3, “56”), wherein the negative pressure generation unit comprises: a hollow coil cylinder (Figure 3, “36”), a metal coil (Figure 3, “32”, “34”), and a sliding magnet block provided within and closely fitting with the coil cylinder (Figure 3, “38”), wherein the coil cylinder is provided on each of a first end and a second end with a first magnet and a second magnet, (Figure 3, “70”, “72” Paragraph [0063] “Alternatively, and preferably, impact elements 70, 72 are provided in the form of permanent magnets and are oriented with the same pole facing magnetic core 38, with the result that a repelling force is produced between magnetic core 38 and the respective impact element 70, 72. In this way, magnetic core 38 is always guided back to the middle.”) respectively, and wherein the first magnet and the second magnet are mounted such that a side of each of the first magnet and the second magnet faces a side of the sliding magnet block having the same polarity to generate a repulsion force to each other (Figure 3, “70”, “72” Paragraph [0063] “Alternatively, and preferably, impact elements 70, 72 are provided in the form of permanent magnets and are oriented with the same pole facing magnetic core 38, with the result that a repelling force is produced between magnetic core 38 and the respective impact element 70, 72. In this way, magnetic core 38 is always guided back to the middle.”); and wherein the negative pressure generation unit and the power source are housed within the housing (Figure 3).
Regarding claim 2, Pahl discloses when the metal coil is energized with electricity, a magnetic field is formed such that the sliding magnet block reciprocates as a piston within the coil cylinder to form a negative pressure with sucking sense (Paragraphs [0056]-[0061]), and wherein when the sliding magnet block reciprocates rapidly, the negative pressure with sucking sense is formed continuously (Paragraphs [0056]-[0061]).
Regarding claim 3, Pahl discloses the sliding magnet block has a surface covered with a layer of flexible material for both sealing clearance and facilitating free sliding of the magnet block (Figure 3, housing “40”).
Regarding claim 6, Pahl discloses the coil cylinder is designed on an outer surface with a coil site comprising a smooth surface and is formed of a nonconductive wear-resistant material (Figure 3, Paragraph [0050]).
Regarding claim 7, Pahl discloses the coil cylinder is wound on an outer circumference with one or more groups of the metal coils that can generate an electromagnetic field after energization with electricity (Figure 3, “34”, “32” Paragraph [0049]).
Regarding claim 12, Pahl discloses the housing has a portion of flexible material in contact with a massaged portion (Figure 3, “14”).
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Pahl (US 20190083354 A1) in view of Collins (“We’ve Got You Covered: A Quick Guide to Platings and Coatings”, 2017).
Regarding claim 4, Pahl does not disclose the sliding magnet block has a surface plated with a layer of nickel. Collins discloses it is commonly known to use nickel coatings in linear motion machines in order to improve reliability and durability of moving parts (Page 1-2). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by Pahl, with surface plating the sliding block with nickel as taught by Collins, since such a modification would provide the predictable results of increasing the reliability and durability of moving parts (Collins Page 1).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pahl (US 20190083354 A1) in view of Wei (CN 202488330 U).
Regarding claim 5, Pahl does not disclose the air gap distance between the sliding magnet block and the coil cylinder. Wei discloses linear induction motor (Abstract) wherein the air gap between the sliding magnet block and the coil cylinder is less than 1 mm (Page 3). As the specification and claims do not disclose the criticality of an air gap less than 0.05 mm, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by Pahl, with an air gap between the sliding magnet block and the coil cylinder is less than 1 mm or less than 0.05 mm as taught by Wei, since such a modification would provide the predictable results of improved efficiency of the motor (Page 3).
Claims 8-11 is rejected under 35 U.S.C. 103 as being unpatentable over Pahl (US 20190083354 A1) in view of Liu (US 20210196560 A1).
Regarding claim 8, Pahl discloses the negative pressure generation unit further comprises:
a first part provided therein with a through hole that allows airflow to pass through (Figure 3, “20”), and a second part provided with an airflow port (Figure 3, “12”). Pahl does not disclose the first part and the second part are arranged on a first end and a second end of the coil cylinder, respectively. Liu discloses a negative pressure adult device (Abstract), comprising a first part provided therein with a through hole that allows airflow to pass through (Figure 6, “120”), and a second part provided with an airflow port (Figure 5, “148”), wherein the first part and the second part are arranged on a first end and a second end of the air pump (Figures 5 and 6). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the device as taught by Pahl, with the first part and the second part being arranged on a first end and a second end of the coil cylinder as taught by Liu, since such a modification would merely be a re-arrangement of components without impacting the performance of the device.
Regarding claim 9, Pahl discloses the airflow port is an inlet port or an outlet port (Figure 3, “12”).
Regarding claim 10, Pahl as modified by Liu in claim 8, discloses the first magnet and the second magnet, on the two ends of the coil cylinder are provided within the first part and the second part, respectively (Figure 3, “70”, “72”, as Pahl was modified so that the first and second parts are arranged on the ends of the device, the disclosed first and second magnet would be within the modified first and second part).
Regarding claim 11, Pahl discloses airflow port is protruded and extended to a surface of the housing (Figure 3, “12”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791