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 .
Priority
Acknowledgement is made to Applicant’s claim to priority to National Stage Application No. PCT/KR2023/005280 filed April 19, 2023 and to foreign priority to Korean Application No. KR10-2022-0094252 filed July 28, 2022.
Status of Claims
This present office action is responsive to the Application filed on April 28, 2023. As directed, claims 1-17 are presently pending in this application.
Claim Objections
Claims 2, 5, 9, 11, and 15-16 are objected to because of the following informalities:
Claim 2 recites, “the shoulder massage cases” in ln 2 which Examiner suggest amending to read --the shoulder massage case-- for consistency with claim 1.
Claim 5 recites, “to cover an abdomen of a user seated on the seating surface” in ln 3-4 which Examiner suggest amending to read --and configured to cover an abdomen of a user seated on the seating surface--
Claim 9 recites, “to be located on an upper side of a shoulder” in ln 2 which Examiner suggest amending to read --and configured to be located on an upper side of a shoulder--
Claim 11 recites, “positioned on a front of a user seated on the seating surface” in ln 3 which Examiner suggest amending to read --configured to be positioned on a front of a user on the seating surface--
Claim 15 recites, “the abdominal massage cases” in ln which Examiner suggest amending to read --the abdominal massage case--
Claim 16 recites, “a user inside” in ln 3 which Examiner suggest amending to read --a user from inside--
Claim 16 recites, “using the elastically deformable” in ln 4 which Examiner suggest amending to read --using the elastically deformable material--.
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 is: a massage module in claim 1.
Because this claim limitation is 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.
The corresponding structure for the “massage module” is interpreted as to any structure performing massage disposed between the seat frame and the seat surface as described in ¶0085-0086,0179-0183 and ‘D’ of Fig 5
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 § 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 5-6 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.
Claim 5 recites, “the extension member is provided in a pair and the abdominal massage cases are respectively connected to the pair of extension members” which renders claim indefinite. It is unclear whether applicant is further defining the structure of the auxiliary massage module to have a pair of rotating members, a pair of support members which are respectively connected to the pair of the rotating members, and a pair of abdominal massage cases as shown in Fig 3 or an embodiment (not provided in the drawings) of consisting a pair of extension members with the “abdominal massage case” of claim 1 or newly introduced a pair of abdominal massage cases.
For examination purposes, it is interpreted as to the abdominal massage case of claim 1 with each of the respective members in a pair.
Claim 6 is rejected by virtue of dependency to claim 5.
Examiner notes that if Applicant is intended to define the abdominal massage case as a pair of the abdominal massage cases, Examiner suggest that claim 6, ln 1 which recites “the abdominal case” be replaced with --each of the abdominal cases-- or --each of the pair of the abdominal cases--.
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.
Claims 1-2, 7-11, 13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20200397644 A1) in view of Suh (US 20020177796 A1) and Williams (US 20220256992 A1).
Regarding claim 1, Jung discloses, a massage apparatus (an assembly of Fig 1) comprising:
a base frame (see annotation below, Fig 1);
a seat frame (see annotation below, Fig 1) coupled to the base frame to form a seating surface (a surface/a side where a person seat such as on 100, 400 as shown in Fig 3; ¶0022) on one side; and
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an auxiliary massage module (see annotation in Fig 1 above and Fig 6 below) formed to pass through the seat frame,
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wherein the auxiliary massage module includes: a rotating member (a rotation part 250, Fig 6) that forms a rotation axis of the auxiliary massage module (¶0029 implies that the front massage components are rotating about the axis of the hinge);
a support member (see annotation below, Fig 6) formed to extend forward from the rotating member; and
an extension member (see annotation below, Fig 6) formed to extend downward from the support member and having an abdominal massage case (a front massage module 210, Fig 6), but Jung is silent on the rotating member connected to a module mounting portion of the base frame.
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However, Jung teaches wherein the rotating member connected to a module mounting portion of the base frame as shown in Fig 1 in comparison of Fig 4-7. Even though drawing does not specifically disclose the internal structure, one of the ordinary skills in the art would come to the conclusion that the end of the rotation parts 250 would have one end attached to the base portion of the massaging chair in order to extend out upwards and rotate about the axis as shown in Fig 4-7 in order to use the massaging chair of Jung.
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 apparatus of Jung to include a module mounting portion of the base frame in order to extend the massaging members towards the user as shown in Fig 4-7 as it is reasonably taught by the drawing. See MPEP 2125.
While Jung discloses the support member formed to extend forward from the hinge as annotated previously, Jung does not specifically disclose, a shoulder massage case.
However, Suh which is analogous art to the claim invention for the massaging device, teaches a shoulder massage case (a shoulder supporting member 10c having a shoulder massage part 30c, Figs 1-2) in order to massage the shoulder while supporting from shoulder.
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 apparatus of Jung to include a shoulder massage case as taught by Suh in order to massage the shoulder while supporting from shoulder.
Modified Jung does not specifically disclose, a massage module disposed between the base frame and the seat frame and provided to be movable along the seating surface on a rear side of the seating surface.
However, Williams which is analogous art to the claimed invention teaches a massage module (a massaging mechanism 27 and 29 are disposed between the base 14 and the chair 12 as shown in Fig 1) disposed between the base frame and the seat frame and provided to be movable along the seating surface (¶0016-17, “plurality of massage units may be provided for providing hands-free massage to the neck, upper back, lower back, buttocks… provide e.g., percussive, rolling, kneading, vibration, tapping, etc. movements and other massage techniques”) on a rear side of the seating surface (27, 29 are embedded within the seat as shown in Fig 1) in order to enhance the person’s comfort (¶0016).
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 apparatus of Jung to include a massage module disposed between the base frame and the seat frame and provided to be movable along the seating surface on a rear side of the seating surface as taught by Williams in order to enhance the person’s comfort (¶0016).
Regarding claim 2, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
Modified Jung further discloses, a shoulder massage ball (Examiner interprets “the massage ball” as to a structure having a round portion as shown as 1421, 1521, 1221, and 1321 in Fig 3 of the instant application; Suh: 30c which are protruding towards seating surface attached to the 10c as shown in Fig 1-2) disposed in the shoulder massage cases and protruding toward the seating surface.
Regarding claim 7, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
Jung further discloses, wherein the support member is integrally formed with the extension member (from the rotating part to the massaging module via the movement guide members as shown in Fig 6).
Regarding claim 8, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
Modified Jung further discloses, wherein the support member includes a support bar (Jung: the supporting member which extends from the rotating member as shown in Fig 6) connecting the rotating member to the shoulder massage case (Suh: 10c, Figs 1-2).
Regarding claim 9, Jung in view of Suh and Williams discloses the apparatus of claim 8 as discussed above.
Modified Jung further discloses, wherein the support bar (Jung: the supporting member which extends from the rotating member away from the seating surface and configured to be located on an upper side of a shoulder, as shown in Fig 6) extends in a direction away from the seating surface and configured to be located on an upper side of a shoulder of a user seated on the seating surface.
Regarding claim 10, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
Modified Jung further discloses, wherein the extension member includes a connecting bar that includes a bent portion (Jung: see annotation below, Fig 7; Examiner interprets the bend portion as to any region that deviates from a straight, linear line as BRI) connecting the shoulder massage case (Suh: Figs 1-2) to the abdominal massage case and formed to bend and extend downward from the shoulder massage case (Jung: see annotation below, Fig 7).
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Further, Examiner notes that the merely separating a known one-piece structure into multiple parts is generally an obvious master of design choice unless the separation yields a new and unexpected functional result. See MPEP §2144.04.V.
Regarding claim 11, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
Jung further discloses, wherein the connecting bar includes a guard portion (see annotation below, Figs 6-7; Examiner interprets the “guard portion” as to any portion of the structure which connects directly/indirectly to said component/portion) connecting the bent portion to the abdominal massage case and positioned on a front of a user seated on the seating surface (see annotation below, Figs 6-7).
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Further, Examiner notes that the merely separating a known one-piece structure into multiple parts is generally an obvious master of design choice unless the separation yields a new and unexpected functional result. See MPEP §2144.04.V.
Regarding claim 13, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
While Jung further discloses, a controller (530, Fig 8; ¶0018) configured to control operations of auxiliary massage module (¶0018, “The controller 530 controls the vertical driving unit 550 and the rotation driving unit 570 according to a control command input through the operation panel unit 510 by the user”; ¶0022, “user seated on the massage chair selects a front massage function using a ‘front massage’ button provided on the operation panel unit 510 of the massage chair”); and a rotational driver (570, Fig 8) configured to provide rotational power for rotating the auxiliary massage module, wherein the controller controls the rotational driver to move the auxiliary massage module toward the seating surface so that a user is kept seated on the seating surface (¶0018, “The controller 530 controls the vertical driving unit 550 and the rotation driving unit 570 according to a control command input through the operation panel unit 510 by the user”; ¶0019, “the rotation driving unit 570 performs a function of rotating the front massage part 200 in a hinged manner”), Jung is silent on the controller configured to control operation of the massaging module.
However, Williams teaches, the control (30, Fig 1) configured to control operation of the massaging module (¶0018-20, “The massage units are operated utilizing the controls 30… adapted to direct the massage units to provide…movements and other massage techniques… The controls 30 allow the user to control the various functionality ”) in purpose of controlling the various functionality of the chair including massage functionality.
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 apparatus of Jung to include the controller to further control operation of the massaging module as taught by Williams in purpose of controlling the various functionality of the chair including massage functionality.
Regarding claim 16, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
Modified Jung does not specifically disclose, wherein a portion of the shoulder massage case includes an elastically deformable material, and wherein a shoulder massage ball is configured to acupressure a shoulder of a user inside of the shoulder massage case using the elastically deformable.
However, Suh further teaches, a portion of the shoulder massage case includes an elastically deformable material (a torsion spring 90, Fig 2) and wherein a shoulder massage ball (88, Fig 2; Examiner interprets “the massage ball” as to a structure having a round portion as shown as 1421, 1521, 1221, and 1321 in Fig 3 of the instant application) is configured to acupressure a shoulder of a user inside of the shoulder massage case using the elastically deformable material (¶0061-0062,0070, implies that the torsion spring allows the pressing members to be widened while pressed against the user for massaging operation) for obtaining a finger-pressure therapy effect (¶0002).
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 apparatus of Jung to include wherein a portion of the shoulder massage case includes an elastically deformable material, and wherein a shoulder massage ball is configured to acupressure a shoulder of a user inside of the shoulder massage case using the elastically deformable as taught by Suh for obtaining a finger-pressure therapy effect (¶0002).
Regarding claim 17, Jung in view of Suh and Williams discloses the apparatus of claim 13 as discussed above.
Jung further discloses, a manipulator (an operation panel unit 510, Fig 8) disposed on a housing (main body unit 500, Fig 8; ¶0018) of the massage apparatus, wherein manipulator is configured to receive a command input from the user and to responsively provide control signals to the controller (¶0018, “the operation panel unit 510 is an input device implemented as a touch type display device used by the user of the massage chair to control functions of the massage chair”).
Claims 3-6, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20200397644 A1) in view of Suh (US 20020177796 A1) and Williams (US 20220256992 A1) as applied to claim 1 above, and further in view of Yoo (machine translation of KR 20130002405 U; cited in IDS filed 11/07/2023)
Regarding claim 3, Jung in view of Suh and Williams discloses the apparatus of claim 1 as discussed above.
While Jung discloses that the front module 210 performs a massage on an abdomen or chest of the user (¶0015), Jung does not specifically disclose, a heating element disposed in the abdominal massage case.
However, Yoo which is analogous art to the claimed invention for the chair type massager (Fig 1) which is designed for massage means related to shoulder, back, and abdomen (abstract), teaches the abdominal massage case (Figs 3-4) having a heating element (Fig 5 which is another embodiment of heated base in view of Figs 3-4; PG 3, ln 14-30, ¶0011, “the vibrator having a vibration and heat means provided in the vibration massage and heat portion 680… include heat transfer means is heated due to a power supply”) in order to provide effective heat as well as massaging the abdomen without using separate products (PG 2, ln 5-16, ¶0002).
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 apparatus of Jung to include a heating element disposed in the abdominal massage case as taught by Yoo in order to provide effective heat as well as massaging the abdomen without using separate products (PG 2, ln 5-16, ¶0002).
Regarding claim 4, Jung in view of Suh, Williams, and Yoo discloses the apparatus of claim 3 as discussed above.
Modified Jung further discloses, an abdominal massage ball (Yoo: Fig 5; Examiner interprets “the massage ball” as to a structure having a round portion as shown as 1421, 1521, 1221, and 1321 in Fig 3 of the instant application) disposed in the abdominal massage case and protruding from the extension member toward the seating surface (PG 3, ln 14-30, ¶0011; Examiner notes that as the massaging is performed, the massage ball of Yoo is facing the user in the direction of the seating surface).
Regarding claim 5, Jung in view of Suh, Williams, and Yoo discloses the apparatus of claim 3 as discussed above.
Jung further discloses, wherein the extension member is provided in a pair (230, Fig 6), and the abdominal massage case (210 which are connected to 230 and capable of covering the abdomen of the user seating as shown on Fig 6) are respectively connected to the pair of extension members and configured to cover an abdomen of a user seated on the seating surface.
Regarding claim 6, Jung in view of Suh, Williams, and Yoo discloses the apparatus of claim 5 as discussed above.
Modified Jung further discloses, wherein the abdominal massage case is provided therein with an accommodation space (Yoo: Fig 5 in view of Figs 3-4; Examiner interprets the “accommodation space” as any form of space capable of holding a component as BRI), and the heating element is accommodated in the accommodation space (Yoo: Fig 5; PG 3, ln 14-30, ¶0011).
Regarding claim 14, Jung in view of Suh and Williams discloses the apparatus of claim 13 as discussed above.
While Jung discloses, the front module 210 performs a massage on an abdomen or chest of the user (¶0015) and wherein the controller (530, Fig 8; ¶0018) controls to perform an abdominal massage mode configured to control operations of auxiliary massage module (¶0018,0022), Jung does not specifically discloses, an abdominal massage ball disposed inside the abdominal massage case; and a massage ball driver configured to drive the abdominal massage ball, wherein the controller controls the massage ball driver to perform an abdominal massage mode.
However, Yoo which is analogous art to the claimed invention for the chair type massager (Fig 1) which is designed for massage means related to shoulder, back, and abdomen (abstract), teaches the abdominal massage case (Figs 3-4) having an abdominal massage ball (Fig 5 which is another embodiment of heated base in view of Figs 3-4; PG 3, ln 14-30, ¶0011, “the vibrator having a vibration and heat means provided in the vibration massage and heat portion 680… the top for receiving a massage rod (683)…oscillator when power is applied to pull the solenoid shaft 682 which is located in the upper part by the spring 686 in the solenoid body 681 to move the massage rod 683… a configuration to perform massage by the vibration by repeating the vertical movement”; Examiner interprets “the massage ball” as to a structure having a round portion as shown as 1421, 1521, 1221, and 1321 in Fig 3 of the instant application) and a massage ball driver (681, Fig 5) configured to drive the abdominal massage ball (PG 3, ln 14-30, ¶0011) and a remote control for controlling the operation of the massaging (PG 2, ln 30-31, ¶0008) in order to provide massaging effect (PG 2, ln 5-16, ¶0002; Figs 3-4; PG 3, ln 14-30, ¶0011).
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 apparatus of Jung to include an abdominal massage ball disposed inside the abdominal massage case; and a massage ball driver configured to drive the abdominal massage ball, wherein the controller controls the massage ball driver to perform an abdominal massage mode as taught by Yoo in order to provide massaging effect (PG 2, ln 5-16, ¶0002; Figs 3-4; PG 3, ln 14-30, ¶0011).
Regarding claim 15, Jung in view of Suh and Williams discloses the apparatus of claim 13 as discussed above.
While Jung discloses, the front module 210 performs a massage on an abdomen or chest of the user (¶0015) and wherein the controller (530, Fig 8; ¶0018) controls to perform an abdominal massage mode configured to control operations of auxiliary massage module (¶0018,0022), Jung does not specifically disclose, a heating element accommodated inside the abdominal massage cases; the controller controls a heating temperature of the heating element to perform an abdominal heating mode.
However, Yoo which is analogous art to the claimed invention for the chair type massager (Fig 1) which is designed for massage means related to shoulder, back, and abdomen (abstract), teaches the abdominal massage case (Figs 3-4) having a heating element (PG 3, ln 14-30, ¶0011, “the vibrator having a vibration and heat means provided in the vibration massage and heat portion 680… include heat transfer means is heated due to a power supply”) accommodated inside the abdominal massage cases;
the controller controls a heating temperature of the heating element to perform an abdominal heating mode (PG 3, ln 5-35, implies that the heating temperature is controlled by the controller) in order to provide effective heat to give a massaging the abdomen (PG 2, ln 5-16, ¶0002).
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 apparatus of Jung to include a heating element accommodated inside the abdominal massage cases; the controller controls a heating temperature of the heating element to perform an abdominal heating mode as taught by Yoo in order to provide effective heat to give a massaging the abdomen (PG 2, ln 5-16, ¶0002).
Allowable Subject Matter
Claim 12 is 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.
Reasons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding the subject matter of claim 12, the closest identified prior art documents of record is Jung (US 20200397644 A1).
Jung discloses the main components of the independent claim 1 as discussed above. Jung does not specifically teach or suggest that a module passing portion formed as an opening in a portion of the seating surface so that the auxiliary massage module passes through the seating surface.
No other prior arts have been found that teaches or suggest that wherein the seat frame includes a module passing portion formed as an opening in a portion of the seating surface to be positioned on a front of the module mounting portion so that the auxiliary massage module passes therethrough while the auxiliary massage module passes through the seat frame and attached to the base frame via the module mounting portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785