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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, “a second massage head” on line 3 and “second connecting piece” on line 6 are unclear as a first massage head and a first connecting piece are not previously claimed. How many massage heads and connecting pieces are being claimed?
Regarding claim 13, “cover shell” on line 5 is unclear as a cover shell is previously claimed in claim 1 line 4. Thus, it is unclear whether the same or a different cover shell is being recited.
Claims 2-12 and 14-20 are rejected for their dependency on a rejected claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Ishikawa et al. (2017/0258669) discloses a swing arm (11, 12) connected to an eccentrically mounted connecting piece (14).
Chen (2008/0312569) discloses a movable component (37) rotationally and slidably connected to a head (36,38).
However, the prior art of record fails to disclose a massager for shoulders and neck, comprising: a driving mechanism comprises a transmission shaft rotatably installed on the cover shell, a second connecting piece eccentrically and rotatably connected to the transmission shaft, a movable component movably connected to the cover shell, and a swing component pivotally connected to the cover shell; wherein the movable component is located on a side of the transmission shaft, the second massage head is connected to the swing component, the second connecting piece is pivotally connected to the movable component, the movable component is rotatably and slidably connected to the swing component. This limitation in combination with the rest of the limitations of claim 1are not reasonably taught or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ishikawa et al. (2017/0258669) discloses a swing arm (11, 12) connected to an eccentrically mounted connecting piece (14).
Chen (2008/0312569) discloses a movable component (37) rotationally and slidably connected to a head (36,38).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785
