DETAILED ACTION
This Office Action is in response to the filing of the application on 5/08/2023. Since the initial filing, no claims have been amended, added, or cancelled. Thus, claims 1-20 are pending in the application.
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 .
Drawings
The drawings are objected to because Figs. 36-37 fail to comply with 37 CFR 1.84(b)(1) whereby photographs should not be used unless they are the only practicable medium for showing the claimed device. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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(s) is/are: “activation mechanism” in claims 1, 7, 12, 14, 17, and 19.
Because this/these claim limitation(s) is/are 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.
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 2-5, 8, and 11 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 2 recites the limitation “resembles a hyperbolic hyperboloid” in lines 1-2. However, it is unclear what the scope of the term “resembles” is. It is unclear whether to “resemble” the hyperbolic hyperboloid, the housing body need only have some curvature, be of a similar size, have the hyperbolic hyperboloid over only some of the first portion, and so on. Hence, it is indefinite as to what range of shapes are considered to “resemble” a hyperbolic hyperboloid.
Claim 3 recites the limitation “resembles a paraboloid” in lines 1-2. However, it is unclear what the scope of the term “resembles” is. It is unclear whether to “resemble” the paraboloid, the housing body need only have some curvature, be of a similar size, have the paraboloid over only some of the second portion, and so on. Hence, it is indefinite as to what range of shapes are considered to “resemble” a paraboloid.
Claim 4 recites the term “may be” in line 2. It is unclear whether or not the limitations that follow are being positively claimed, or are merely optional.
Claim 11 recites the limitation "each removable, slidable head" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Any remaining claims are rejected for being dependent on a rejected claim.
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.
Claims 1-3, 6-7, 12-14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US Pub. 2002/0107459) in view of Vanderbelt et al. (US Pat. 5,704,902) in view of Roberts (US Pat. 10,016,337).
Regarding claim 1, Chang discloses an electric massager (massager of Figs. 1-2) comprising: a housing body (see Figs. 1-2 housing 50), wherein the housing body further comprises a first front end (see Figs. 1 and 3 stem 65) and a rear end (see Fig. 1 casing 52) and the first front end is removable (see Figs. 1 and 3 where casing 51 is casing 52 are removable from one another via fasteners 57, allowing for stem 65 to be removed from the device); a power supply (see Fig. 1, where the bottom of casing 52 shows a cord under circuit board 70, which is understood to be a well-understood and ubiquitous power cord as known in the art, providing a source of power. Further, as it is an electric device, there must inherently be some power source); a motor (see Fig. 1 motor 60), wherein the motor is stored inside the housing body and is connected to the power supply by a circuit (see Fig. 1 and [0017] where the motor 60 is within housing 50, and connects to the circuitry 70 and the power supply that comes through the circuit via the cord); a removable head (see Fig. 3 massage head 82) comprising a plurality of removable, massage tips (see Fig. 3 where a plurality of massage members 91, 92, 93, and 94 can be attached and removed from the massage member 80; see also [0019]), wherein the removable head is attached to the first front end of the housing body (see Figs. 1 and 3 stem 65 attaches to the massage member 80); and an activation mechanism (see Fig. 1 button/knob 71), wherein the activation mechanism engages the circuit and the activation mechanism is attached to the rear end of the housing body (see [0017] and Fig. 1 where button/knob 71 connects to circuit 70 to engage it, and it is formed on the rear casing 52).
Chang lacks a detailed description of wherein the power supply is stored inside the housing body, the circuit having a switch, wherein the activation mechanism engages the switch of the circuit.
However, Vanderbelt teaches a handheld massage device, where the power supply is stored inside the housing body (see battery compartment 100 in Fig. 3), the circuit having a switch (see Fig. 5 where the circuit has switches 90/92), wherein the activation mechanism engages the switch of the circuit (see Col. 5 line 58 to Col. 6 line 6 and Fig. 5, where the switches are actuated by some activation mechanism).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronics and circuitry of Chang to have an internally housed battery compartment, and additional parallel circuits with activatable switches as taught by Vanderbelt, as it would be a simple substitution of one type of power supply for another, to yield the predictable result of providing power to the device. Further, the parallel circuits allow for greater control over the outputted motor speeds for different massage effects (Vanderbelt; see Col. 5 line 58 to Col. 6 line 6).
The modified Chang device lacks a detailed description of compressible massage tips.
However, Roberts teaches a handheld massage device, where there can be a plurality of replaceable massage tips, which can be compressible (see Col. 4 lines 35-46).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage tips of the modified Chang device to be compressible as taught by Roberts, as it would be a simple substitution of one type of massage tip for another, to yield the predictable result of providing a massage tip to perform the tissue massage. Further, the different softness of the tips as taught by Roberts provide a greater variety of massage effects.
Regarding claim 2, the modified Chang device has wherein a first portion of the housing body resembles a hyperbolic hyperboloid (Chang; see Fig. 2 where an upper convex curvature of body 50 resembles a hyperbolic hyperboloid. See above 35 U.S.C. 112(b) rejection).
Regarding claim 3, the modified Chang device has wherein a second portion of the housing body resembles a paraboloid (Chang; see Fig. 2 where a middle convex curvature of body 50 resembles a paraboloid. See above 35 U.S.C. 112(b) rejection).
Regarding claim 6, the modified Chang device has wherein the circuit further comprises a plurality of parallel circuits and a plurality of additional switches attached to the parallel circuits (Vanderbelt; see Fig. 5 where there are two circuit paths 112/114, each having a switch 90/92).
Regarding claim 7, the modified Chang device has wherein the activation mechanism further engages the additional switches of the circuit (Vanderbelt; see Col. 5 line 58 to Col. 6 line 6 where the button of Chang activates the circuitry/ switches as taught by Vanderbelt).
Regarding claim 12, Chang discloses an electric massager (massager of Figs. 1-2) comprising: a housing body (see Figs. 1-2 housing 50), wherein the housing body further comprises a top and a bottom opposite from the top (see Fig. 1 casings 51 and 52), and at least four sides that connect the top to the bottom (see Fig. 1 where casing 51/52 connect on at least four sides between them, a top side, two lateral sides, and a handle-side); a power supply (see Fig. 1, where the bottom of casing 52 shows a cord under circuit board 70, which is understood to be a well-understood and ubiquitous power cord as known in the art, providing a source of power. Further, as it is an electric device, there must inherently be some power source); a motor (see Fig. 1 motor 60), wherein the motor is stored inside the housing body and is connected to the power supply by a circuit (see Fig. 1 and [0017] where the motor 60 is within housing 50, and connects to the circuitry 70 and the power supply that comes through the circuit via the cord); a plurality of removable heads (see Fig. 3 where a plurality of massage members 91, 92, 93, and 94 can be attached and removed from the massage member 80; see also [0019]), wherein the plurality of removable heads are inserted into the top of the housing body (see Figs. 1 and 3 stem 65 attaches to the massage member 80 to attach to casing 51) and each removable, compressible head further comprises a tip (see Fig. 3 where a plurality of massage members 91, 92, 93, and 94 each have a tip); and an activation mechanism (see Fig. 1 button/knob 71), wherein the activation mechanism engages the circuit and the activation mechanism is attached to one of the at least four sides of the housing body (see [0017] and Fig. 1 where button/knob 71 connects to circuit 70 to engage it, and it is formed on the rear casing 52 and thus connected to at least one side).
Chang lacks a detailed description of wherein the power supply is stored inside the housing body, the circuit having a switch, wherein the activation mechanism engages the switch of the circuit.
However, Vanderbelt teaches a handheld massage device, where the power supply is stored inside the housing body (see battery compartment 100 in Fig. 3), the circuit having a switch (see Fig. 5 where the circuit has switches 90/92), wherein the activation mechanism engages the switch of the circuit (see Col. 5 line 58 to Col. 6 line 6 and Fig. 5, where the switches are actuated by some activation mechanism).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronics and circuitry of Chang to have an internally housed battery compartment, and additional parallel circuits with activatable switches as taught by Vanderbelt, as it would be a simple substitution of one type of power supply for another, to yield the predictable result of providing power to the device. Further, the parallel circuits allow for greater control over the outputted motor speeds for different massage effects (Vanderbelt; see Col. 5 line 58 to Col. 6 line 6).
The modified Chang device lacks a detailed description of compressible massage tips.
However, Roberts teaches a handheld massage device, where there can be a plurality of replaceable massage tips, which can be compressible (see Col. 4 lines 35-46).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage tips of the modified Chang device to be compressible as taught by Roberts, as it would be a simple substitution of one type of massage tip for another, to yield the predictable result of providing a massage tip to perform the tissue massage. Further, the different softness of the tips as taught by Roberts provide a greater variety of massage effects.
Regarding claim 13, the modified Chang device has wherein the circuit further comprises a plurality of parallel circuits and a plurality of additional switches attached to the parallel circuits (Vanderbelt; see Fig. 5 where there are two circuit paths 112/114, each having a switch 90/92).
Regarding claim 14, the modified Chang device has wherein the activation mechanism further engages the additional switches of the circuit (Vanderbelt; see Col. 5 line 58 to Col. 6 line 6 where the button of Chang activates the circuitry/ switches as taught by Vanderbelt).
Regarding claim 17, the modified Chang device has an electric massager (massager of Figs. 1-2) comprising: a housing body (see Figs. 1-2 housing 50), wherein the housing body further comprises a top and a bottom opposite from the top (see Fig. 1 casings 51/52), and at least four sides that connect the top to the bottom (see Fig. 1 four sides connecting casings 51/52, including a top, bottom, and two lateral sides); a power supply (see Fig. 1, where the bottom of casing 52 shows a cord under circuit board 70, which is understood to be a well-understood and ubiquitous power cord as known in the art, providing a source of power. Further, as it is an electric device, there must inherently be some power source); a motor (see Fig. 1 motor 60), wherein the motor is stored inside the housing body and is connected to the power supply by a circuit (see Fig. 1 and [0017] where the motor 60 is within housing 50, and connects to the circuitry 70 and the power supply that comes through the circuit via the cord); a plurality of removable heads (see Fig. 3 where a plurality of massage members 91, 92, 93, and 94 can be attached and removed from the massage member 80; see also [0019]), each removable head further comprising an immovable tip (see Fig. 3 the tip of each massage member 91-94), wherein the plurality of removable heads are noncompressible and inserted into the top of the housing body at the outer edge (see Fig. 3 where head massage member 91-94 is not compressible, and inserted into the top casing 51 at orifice 53 along the upper planar edge of casing 51); an activation mechanism (see Fig. 1 button/knob 71), wherein the activation mechanism engages the circuit and the activation mechanism is attached to one of the at least four sides of the housing body (see [0017] and Fig. 1 where button/knob 71 connects to circuit 70 to engage it, and it is formed on the rear casing 52 which connects to a side of the housing body).
Chang lacks a detailed description of wherein the power supply is stored inside the housing body, the circuit having a switch, wherein the activation mechanism engages the switch of the circuit.
However, Vanderbelt teaches a handheld massage device, where the power supply is stored inside the housing body (see battery compartment 100 in Fig. 3), the circuit having a switch (see Fig. 5 where the circuit has switches 90/92), wherein the activation mechanism engages the switch of the circuit (see Col. 5 line 58 to Col. 6 line 6 and Fig. 5, where the switches are actuated by some activation mechanism).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronics and circuitry of Chang to have an internally housed battery compartment, and additional parallel circuits with activatable switches as taught by Vanderbelt, as it would be a simple substitution of one type of power supply for another, to yield the predictable result of providing power to the device. Further, the parallel circuits allow for greater control over the outputted motor speeds for different massage effects (Vanderbelt; see Col. 5 line 58 to Col. 6 line 6).
The modified Chang device lacks a detailed description of a plurality of removable, compressible heads, wherein the plurality of removable, compressible heads are inserted into the top of the housing body in a central region and each removable, compressible head further comprises a tip.
However, Roberts teaches a handheld massage device, where there can be a plurality of removable, compressible heads (see Col. 4 lines 35-46 each tip 122, 124, 126, 128 in Fig. 1) wherein the plurality of removable, compressible heads are inserted into the top of the housing body in a central region (see Fig. 1 where pressure point base 121 is at a top of the housing body) and each removable, compressible head further comprises a tip (the tip of each of 122, 124, 126, 128 in Fig. 1).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage body of the modified Chang device to further include replaceable and compressible massage tips as taught by Roberts, as it would provide additional massage tips that protrude from the massage body, allowing for a greater coverage of the massage area. Further, the different softness of the tips as taught by Roberts provide a greater variety of massage effects.
Regarding claim 18, the modified Chang device has wherein the circuit further comprises a plurality of parallel circuits and a plurality of additional switches attached to the parallel circuits (Vanderbelt; see Fig. 5 where there are two circuit paths 112/114, each having a switch 90/92).
Regarding claim 19, the modified Chang device has wherein the activation mechanism further engages the additional switches of the circuit (Vanderbelt; see Col. 5 line 58 to Col. 6 line 6 where the button of Chang activates the circuitry/ switches as taught by Vanderbelt).
Claims 4-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Vanderbelt in view of Roberts as applied to claim 1 above, and further in view of Evans (US Pub. 2010/0274162).
Regarding claim 4, the modified Chang device has a front end.
The modified Chang device lacks a detailed description of a second front end wherein the second front end may be attached to the housing body when the first front end is removed from the housing body.
However, Evans teaches a handheld massage device, where a front end (massage head capsule 30 in Fig. 6) is able replaceable and disposable such that a second front end can be placed onto the housing body (see [0039]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front end of the modified Chang device to be disposable and replaceable as taught by Evans, as it would allow for the working end of the device to be easily replaceable in the event of damage, or for sanitary reasons.
Regarding claim 5, the modified Chang device has at least one removable, slidable head, wherein the at least one removable, slidable head is inserted into the second front end of the housing body (Chang; see Fig. 3 where the roller type massage member 91 is a slidable head, and can be attached to either modified front end/ stem when replaced).
Regarding claim 8, the modified Chang device has wherein the first front end further comprises an adjustable pivot head and the second front end further comprises an adjustable pivot head (Evans; see Fig. 8 where each capsule 30 has a fluid reservoir 44 that has a cavity 64, which pivot due to their interaction with protruding node 50 as seen in [0051]).
Claims 9, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Vanderbelt in view of Roberts as applied to claims 1, 12, and 17 above, respectively, and further in view of Sanchez Martinez et al. (US Pat. 10,568,795).
Regarding claims 9 and 15, the modified Chang device has a plurality of removable, compressible heads and the first front end of the housing body.
The modified Chang device lacks a detailed description of a plurality of springs, wherein the plurality of springs are placed between the plurality of removable, compressible heads and the first front end of the housing body.
However, Sanchez Martinez teaches a portable massage device, where massaging end of the device has a spring between its tip and the housing (see Fig. 3 where compression spring 18 is between applicator 3 and head 2; see Col. 7 lines 20-34).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each massage tip of the modified Chang device to have a spring between it and the housing body as taught by Sanchez Martinez, as it would allow for the massage head to oscillate when engaged with the tissue in response to tapping movements, but remain biased to a home position (Sanchez Martinez; see Col. 7 lines 20-34). It is understood that each massage head of the modified Chang device is modified to have a spring and get the benefits thereof.
Regarding claim 20, the modified Chang device has wherein the tip of each of the removable heads is 25% to 75% bigger than the tip of the removable, compressible heads.
The modified Chang device wherein the tip of each of the removable heads is 25% to 75% bigger than the tip of the removable, compressible heads.
However, Sanchez Martinez teaches a massage device, where the massage head is bigger than the massage tip (see Figs. 1e and 2 where the body (head 2 Fig. 1a) is radially larger than the tip (applicator 3)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tip of the movable heads to be larger than the tips of the compressive heads as taught by Sanchez Martinez, as it would be a simple matter of design choice to choose which head is larger than the other, depending on the desired massage effect to be delivered. Further, the specific range of 25% to 75% larger appears to lack any criticality, and the size difference as shown by Sanchez Martinez appears to fall within that range difference.
Claims 10-11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Vanderbelt in view of Roberts as applied to claims 1, 6, and 12 above, respectively, and further in view of Hashoto (WO 02/30350; see attached copy).
Regarding claims 10 and 16, the modified Chang device has each removable, compressible massage tip.
The modified Chang device lacks a detailed description of wherein the tip of each removable, compressible massage tip further comprises a ball bearing.
However, Hashoto teaches a handheld massage device, wherein the tip of each removable, compressible massage tip further comprises a ball bearing (see abstract and Figs. 1-4, where each protrusion has a ball bearing 3).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage tips of the modified Chang device to have ball bearings as taught by Hashoto, as it would keep the massage device in constant close contact with the skin surfaces, while allowing free motion around curved surfaces (Hashoto; see abstract).
Regarding claim 11, the modified Chang device has wherein each removable, slidable head (Chang; see Fig. 3 where the roller type massage member 91 is a slidable head).
The modified Chang device lacks a detailed description of wherein the tip of each removable, compressible massage tip further comprises a ball bearing.
However, Hashoto teaches a handheld massage device, wherein the tip of each removable, compressible massage tip further comprises a ball bearing (see abstract and Figs. 1-4, where each protrusion has a ball bearing 3).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the massage tips of the modified Chang device to have ball bearings as taught by Hashoto, as it would keep the massage device in constant close contact with the skin surfaces, while allowing free motion around curved surfaces (Hashoto; see abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: DeLuca et al. (US Pat. 5,103,809) and Williams et al. (US Pat. 11,672,728) are cited to show similar multi-headed massage tip devices and/or compressible heads with springs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Thurs 9:00-6:00.
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, Justine Yu can be reached at (571)272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/JUSTINE R YU/Supervisory Patent Examiner, Art Unit 3785