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 .
Election/Restrictions
Claims 1-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12 February 2026.
Claim Objections
Claims 13, 14, 16, 21, and 22 are objected to because of the following informalities:
Claim 13, line 13: “guide rails limits” should read --guide rails to limit--.
Claim 13, line 15: “wheel assembly configured” should read --wheel assembly is configured--.
Claim 14, line 2: “to couple the connecting shaft” should read --to couple to the connecting shaft--.
Claim 16, line 2: “in fixed condition or in rotatable condition” should read --in a fixed condition or in a rotatable condition--.
Claim 21, line 2: “coupled through belt” should read --coupled through a belt--.
Claim 22, lines 3-4: “to act as safety mechanism” should read --to act as a safety mechanism--.
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(s) is/are:
stop structure first appearing in claim 13 (corresponding structure disclosed in specification as element 408, including compression coil springs 426 and spring tension adjusting nuts 502)
limiting structure first appearing in claim 20 (corresponding structure disclosed in specification as element 508 as shown in the Figures)
resting structure first appearing in claim 22 (corresponding structure disclosed in specification as element 406 as shown in the Figures)
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 13-22 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 13 recites the limitation “the articulating wheel body” in line 9, yet previously recites “at least one articulating wheel body”. Since “at least one” encompasses one or a plurality, it is unclear whether applicant intends to reference one particular or at least one articulating wheel body in line 9.
The same issue appears in claim 15.
Claim 13 recites the limitation “the connecting shaft” in line 11. Since “at least one” encompasses one or a plurality, it is unclear whether applicant intends to reference one particular or at least one connecting shaft in line 11.
The same issue appears in claims 14-16.
Claim 17 recites “one or more pairs of articulating wheel bodies of the articulating massage wheel assembly”. Since claim 13 recites “the articulating massage wheel assembly includes at least one articulating wheel body”, it is unclear whether the “one or more pairs” are intended to be of the “at least one articulating wheel body”.
Claim 19 recites “a channel”. This limitation, as written, is indefinite as it raises the question “channel in what?”.
Claim 20 recites “the plurality of sliders” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites “one or more pairs of connecting shafts” while parent claim 13 recites “at least one connecting shaft”. It is unclear whether the “one or more pairs” are intended to be of the “at least one connecting shaft”.
Claim 22 recites “the articulating wheel bodies” while parent claim 13 recites “at least one articulating wheel bodies”. Since “at least one” encompasses one or a plurality, it is unclear whether applicant intends to reference one particular or at least one articulating wheel body in claim 13.
Conclusion
The examiner notes that, though no art has been applied against the claims at this time, they are not presently allowable. The question of prior art will be revisited upon resolution of the numerous clarity issues noted above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2009/062452 (Li) teaches a device comprising a plurality of massage wheels disposed on connecting shafts coupled within a hollow housing (Figure 1)
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791