Prosecution Insights
Last updated: April 17, 2026
Application No. 18/182,492

PHYSICAL MEDICINE DROP DEVICE AND METHOD OF USE

Non-Final OA §102§103§112
Filed
Mar 13, 2023
Examiner
JANG, JAEICK
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
53 granted / 83 resolved
-6.1% vs TC avg
Strong +54% interview lift
Without
With
+53.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
25 currently pending
Career history
108
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 83 resolved cases

Office Action

§102 §103 §112
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 Provisional Application No. 63/319068 filed March 11, 2022. Status of Claims This present office action is responsive to the Application filed on March 13, 2023. As directed, claims 1-20 are presently pending in this application. Specification The disclosure is objected to because of the following informalities: ¶0049 recites, “placing leg L2 in another position (Fig. 6B)” which Examiner suggest amending to indicate --arm-- instead of “leg” as shown in Fig. 6B. Appropriate correction is required. Claim Objections Claims 1-20 are objected to because of the following informalities: Claim 1 recites, “an at least one” in ln 2 which Examiner suggest amending to read --at least one-- Claims 2-11 are objected by virtue of dependency to claim 1 Claim 9 recites, “said pushing mechanisms having a corresponding on position to push one or more corresponding padded element” in ln 5-7 which Examiner suggest amending to read --said first, second, third, and fourth pushing mechanisms having a corresponding on position to push a corresponding padded element-- for consistency and as described in ¶0052 Claim 11 recites, “an at least one horn” in ln 2 which Examiner suggest amending to read --at least one horn-- Claim 12 recites, “providing a device” in ln 3 which Examiner suggest amending to read --providing the device-- as the physical medicine drop device is introduced in ln 1. Claim 12 recites, “an at least one” in ln 4 which Examiner suggest amending to read --at least one-- Claim 13-20 are objected by virtue of dependency to claim 12 Claim 14 recites, “in a treatment area” in ln 4-5 which Examiner suggest amending to read --in the treatment area-- Appropriate correction is required. 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 10-11, 13-15, and 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 claims 10 and 13, claims recite, “said first and said second pushing mechanisms are configured to deliver a more than once per second actuation” which renders claim indefinite. It is unclear what is being delivered by said pushing mechanisms such as rate of actuation, multiple actuations per a second actuation, repeated cycling by repeating the procedure of Fig 8, or simply being triggered twice per second. Further, the “actuation” is described as initiating the “pushing mechanism” (see ¶0016 - “may cause actuation of the intended pushing mechanisms upon the pressing/actuation of a main actuator). Thus, the limitation “actuation” is unclear as the pushing mechanisms are initiated by the first or the second “actuator” of claim 1. Examiner suggest amending the claim further defining a rate of actuation in terms of speed as described in ¶0021 without new matters. For the examination purposes, Examiner interprets the claims as to --said first and said second pushing mechanisms are configured to deliver a lifting force-- as described in ¶0016-0021. Claims 11 and 14-15 and 20 are rejected by virtue of dependency to claims 10 and 13 respectively. 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)(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. Claims 1, 5, 10, 12-14, 16-17, and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Freelend et al. (US 20220265499 A1). Regarding claim 1, Freelend et al. discloses, a physical medicine drop device (¶0002, “a bedding foundation having multiple lift actuators to impart a massage effect or lumbar support to a mattress”; the embodiment of Fig 10) comprising: a housing (a frame of a bedding foundation 10d of Fig 10) having an at least one surface atop said housing along a top plane of said housing (see annotation below, Fig 10); a first pushing mechanism housed within said housing beneath said at least one surface, said first pushing mechanism is connected to a first padded element (see annotation below, Fig 10); said first padded element has a first padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said first padded surface aligns substantially with said top plane of said housing (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10); a first actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said first pushing mechanism to push said first padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12); a second pushing mechanism housed within said housing beneath said at least one surface, said second pushing mechanism is connected to a second padded element (see annotation below, Fig 10); said second padded element has a second padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said second padded surface aligns substantially with said top plane of said housing and is located a distance from said first padded element, said at least one surface therebetween said first and said second padded elements (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10); and a second actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said second pushing mechanism to push said second padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12). PNG media_image1.png 620 832 media_image1.png Greyscale Regarding claim 5, Freelend et al. discloses, the physical medicine drop device of claim 1 as discussed above. Freelend et al. further discloses, wherein said first actuator is a first remote activated actuator in wireless communication with said first pushing mechanism and said second actuator is a second remote activated actuator in wireless communication with said second pushing mechanism (a user interface of android/IOS application allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection). Regarding claim 10, Freelend et al. discloses, the physical medicine drop device of claim 1 as discussed above. Freelend et al. further discloses, said first and said second pushing mechanisms are configured to deliver a lifting force ((¶0007-0011; Fig 12). Regarding claim 12, Freelend et al. discloses, A method of performing a physical medicine drop device upon a patient (¶0002, “a bedding foundation having multiple lift actuators to impart a massage effect or lumbar support to a mattress”; ¶0010, “a method of providing a massaging feeling”; the embodiment of Fig 10) comprising: providing a device comprising: a housing (a frame of a bedding foundation 10d of Fig 10) having an at least one surface atop said housing along a top plane of said housing (see annotation below, Fig 10); a first pushing mechanism housed within said housing beneath said at least one surface, said first pushing mechanism is connected to a first padded element (see annotation below, Fig 10); said first padded element has a first padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said first padded surface aligns substantially with said top plane of said housing (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10); a first actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said first pushing mechanism to push said first padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12); a second pushing mechanism housed within said housing beneath said at least one surface, said second pushing mechanism is connected to a second padded element (see annotation below, Fig 10); said second padded element has a second padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said second padded surface aligns substantially with said top plane of said housing and is located a distance from said first padded element, said at least one surface therebetween said first and said second padded elements (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10); and a second actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said second pushing mechanism to push said second padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12). PNG media_image1.png 620 832 media_image1.png Greyscale placing said device between the patient and a patient surface (Examiner notes that the device is placed between the patient and the patient surface which can be surface of the floor as shown in Fig 10 in BRI); and actuating at least one of said first pushing mechanism and said second pushing mechanism via at least one of said first actuator and said second actuator to cause at least one of said first padded element and said second padded element to push upward upon the patient in a treatment area (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12; ¶0010; claim 15, “a massaging feeling to a mattress from a bedding foundation”; Examiner note that the treatment area can be any area and thus, it can be area which the lift actuator is lifted for massaging effect). Regarding claim 13, Freelend et al. discloses, the method of claim 12 as discussed above. Freelend et al. further discloses, said first and said second pushing mechanisms are configured to deliver a lifting force ((¶0007-0011; Fig 12). Regarding claim 14, Freelend et al. discloses, the method of claim 13 as discussed above. Freelend et al. further discloses, a step of successively actuating at least one of said first pushing mechanism and said second pushing mechanism via at least one of said first actuator and said second actuator to cause at least one of said first padded element and said second padded element to push upward upon the patient in the treatment area (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12; ¶0010; claim 15, “a massaging feeling to a mattress from a bedding foundation”; Examiner note that the treatment area can be any area and thus, it can be area which the lift actuator is lifted for massaging effect). Regarding claim 16, Freelend et al. discloses, the method of claim 12 as discussed above. Freelend et al. further discloses, wherein said first actuator is a first remote activated actuator in wireless communication with said first pushing mechanism and said second actuator is a second remote activated actuator in wireless communication with said second pushing mechanism (a user interface of android/IOS application allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection). Regarding claim 17, Freelend et al. discloses, the method of claim 16 as discussed above. Freelend et al. further discloses a step of actuating at least one of said first pushing mechanism and said second pushing mechanism via at least one of said first remote activated actuator and said second remote activated actuator (a user interface of android/IOS application allows to control each of the lifting mechanism as shown in Fig 11; Examiner note that the application is housed within the mobile device such as android device or iOS based devices; ¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection). Regarding claim 18, Freelend et al. discloses, the method of claim 12 as discussed above. Freelend et al. further discloses, a third pushing mechanism housed within said housing beneath said at least one surface, said third pushing mechanism is connected to a third padded element (see annotation below, Fig 10); said third padded element has a third padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said third padded surface aligns substantially with said top plane of said housing (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10); a third actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said third pushing mechanism to push said third padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12); a fourth pushing mechanism housed within said housing beneath said at least one surface, said fourth pushing mechanism is connected to a fourth padded element (see annotation below, Fig 10); said fourth padded element has a fourth padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said fourth padded surface aligns substantially with said top plane of said housing (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10) and is located a distance from said first, second, and third padded elements, said at least one surface there among said first, second, third, and fourth second padded elements (see annotation below, Fig 10); and PNG media_image2.png 620 832 media_image2.png Greyscale a fourth actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said fourth pushing mechanism to push said fourth padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12). Regarding claim 19, Freelend et al. discloses, the method of claim 18 as discussed above. Freelend et al. further discloses, the step of actuating at least one of said first pushing mechanism, said second pushing mechanism, said third pushing mechanism, and said fourth pushing mechanism via at least one of said first actuator, said second actuator, said third actuator, and said fourth actuator to cause at least one of said first padded element, said second padded element, said third padded element, and said fourth padded element to push upward upon the patient (¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection; Fig 11 indicates that the lifting actuators can be set with chosen parameters to control each actuators; ¶0010; claim 15, “a massaging feeling to a mattress from a bedding foundation”; Examiner note that the treatment area can be any area and thus, it can be area which the lift actuator is lifted for massaging effect). 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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Freelend et al. (US 20220265499 A1) as applied to claim 1 above, in evidence by Linak, “Linak Baselift” (https://www.linak.com/products/linear-actuators/baselift/, 06/26/2020. Accessed from “waybackmachine”). Regarding claim 2, Freelend et al. discloses, the physical medicine drop device of claim 1 as discussed above. While Freelend et al. discloses that the lift actuator is a Linak product item number BASE1000A0F100100, Linak (“Linak Baselift”) discloses the lift actuator having a motor which requires a power to operate and a control box providing the power and controls (PG 22, 25, 27-28, 44-47) as shown in the manual section and the data sheet section. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention would expect to include a power supply capable of proving power to said first and second pushing mechanism as evidenced by Linak (“Linak Baselift”) in order to provide power to operate the lifting actuators as intended. Regarding claim 3, Freelend et al. as evidenced by Linak discloses, the physical medicine drop device of claim 2 as discussed above. While Freelend et al. discloses that the lift actuator is a Linak product item number BASE1000A0F100100, Linak (“Linak Baselift”) discloses wherein the power supply is a power adaptor (PG 6, “CBD6S”; PG 20, “switch off the power supply and pull out the mains plug”; PG 39-40). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention would expect to include a power adaptor as evidenced by Linak (“Linak Baselift”) in order to provide power to operate the lifting actuators as intended. Claims 4, and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Freelend et al. (US 20220265499 A1) as evidenced by Linak, “Linak Baselift” (https://www.linak.com/products/linear-actuators/baselift/, 06/26/2020. Accessed from “waybackmachine”) as applied to claim 2 above, and further evidenced by Linak, “BA001” (https://www.linak.com/products/accessories/ba001/#productdatasheet, 06/18/2021. Access from “waybackmachine”). Regarding claim 4, Freelend et al. as evidenced by Linak discloses, the physical medicine drop device of claim 2 as discussed above. While Freelend et al. discloses that the lift actuator is a Linak product item number BASE1000A0F100100, Linak (“Linak Baselift”) discloses the accessories BA001 can be used with the linear actuator (PG 15). Further, Linak (“BA001”) discloses that BA001 is a high-performance battery solution for electrical actuator system and can be recharged (PG 1-2) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention would expect to include a rechargeable battery adaptor as evidenced by Linak (“BA001”) in order to provide power to operate the lifting actuators as intended. Regarding claim 6, Freelend et al. as evidenced by Linak discloses, the physical medicine drop device of claim 4 as discussed above. Freelend et al. further discloses, a third pushing mechanism housed within said housing beneath said at least one surface, said third pushing mechanism is connected to a third padded element (see annotation below, Fig 10); said third padded element has a third padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said third padded surface aligns substantially with said top plane of said housing (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10); a third actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said third pushing mechanism to push said third padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12); a fourth pushing mechanism housed within said housing beneath said at least one surface, said fourth pushing mechanism is connected to a fourth padded element (see annotation below, Fig 10); said fourth padded element has a fourth padded surface (198, Fig 10; ¶0072, “Such a cushion pad 224 may be used in any of the embodiments shown or described herein”), said fourth padded surface aligns substantially with said top plane of said housing (the top surface of the upper platform and the frame of the bedding are substantially aligned as shown in Fig 10) and is located a distance from said first, second, and third padded elements, said at least one surface there among said first, second, third, and fourth second padded elements (see annotation below, Fig 10); and PNG media_image2.png 620 832 media_image2.png Greyscale a fourth actuator (a user interface allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the lifting actuators are controlled remotely or via a wired connection) capable of causing said fourth pushing mechanism to push said fourth padded element above said at least one surface (¶0007-0011, implies that the each of the lift plates are lifted in the vertical direction by the lift actuator above the surface of the bed frame as shown in Fig 12). Regarding claim 7, Freelend et al. discloses, the physical medicine drop device of claim 6 as discussed above. Freelend et al. discloses, wherein said first actuator is a first remote activated actuator in wireless communication with said first pushing mechanism, said second actuator is a second remote activated actuator in wireless communication with said second pushing mechanism, said third actuator is a third remote activated actuator in wireless communication with said third pushing mechanism, and said fourth actuator is a fourth remote activated actuator in wireless communication with said fourth pushing mechanism (a user interface of android/IOS application allows to control each of the lifting mechanism as shown in Fig 11; ¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection). Regarding claim 8, Freelend et al. discloses, the physical medicine drop device of claim 7 as discussed above. Freelend et al. discloses, wherein said first, second, third, and fourth remote activated actuators are housed on a remote activation device (a user interface of android/IOS application allows to control each of the lifting mechanism as shown in Fig 11; Examiner note that the application is housed within the mobile device such as android device or iOS based devices; ¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection). Regarding claim 9, Freelend et al. discloses, the physical medicine drop device of claim 7 as discussed above. Freelend et al. discloses, wherein the first, second, third, and fourth remote activated actuators are a plurality of switches (the user interface of controlling the lift actuators as shown in Fig 11) of said remote actuation device, each of said plurality of switches having an on position and an off position (commands of Fig 11), said remote actuation device has an activation button (capable of transmitting to said physical medicine drop device according to said on position and said off position of said plurality of switches, causing said first, second, third, and fourth pushing mechanisms having a corresponding on position to push a corresponding padded element (Examiner interprets a corresponding on position can be any position other than substantially aligned with the top surface; ¶0045, 0074, implies that the each of lifting actuators are controlled remotely or via a wired connection; Fig 11 indicates that the lifting actuators can be set with chosen parameters to control each actuators). Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Freelend et al. (US 20220265499 A1) as applied to claims 13-14 above, and further in view of Racine (US 20120209157 A1). Regarding claim 15, Freelend et al. discloses, the method of claim 14 as discussed above. Freelend et al. is silent on a step of applying a pressure upon said treatment area opposite said device. However, Racine which is analogous art for a massage padded table/bed (¶0004-0025) with a different height of each roller (Fig 1), teaches a method for performing manual massage onto the treatment area while elevated (abstract; ¶0001-0025, implies that the patient can receive therapy such as massaging while lying onto the table at different height settings) while providing improved comfort of the attending practitioner (¶0064). 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 method of Freelend et al. to include a step of applying a pressure upon said treatment area opposite said device as taught by Racine in order to improve the use and the comfort that can be personalized for the patient/client in the massages and other treatments (¶0001-0025, ¶0064). Regarding claim 20, Freelend et al. discloses, the method of claim 13 as discussed above. Freelend et al. is silent on a step of applying a downward pressure opposite said treatment area of said patient. However, Racine which is analogous art for a massage padded table/bed (¶0004-0025) with a different height of each roller (Fig 1), teaches a method for performing manual massage onto the treatment area while elevated (abstract; ¶0001-0025, implies that the patient can receive therapy such as massaging while lying onto the table at different height settings) while providing improved comfort of the attending practitioner (¶0064). 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 method of Freelend et al. to include a step of applying a downward pressure opposite said treatment area of said patient as taught by Racine in order to improve the use and the comfort that can be personalized for the patient/client in the massages and other treatments (¶0001-0025, ¶0064). Allowable Subject Matter Claim 11 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 11, the closest identified prior art documents of record are Freelend et al. (US 20220265499 A1), and Lee et al (US 20220409465 A1). Freelend et al. discloses the main components of the housing, the pushing mechanism with the padded element, and the actuator as discussed in the rejection above. Lee et al. discloses, the pushing mechanism (100, Fig 2) comprises a motor (65, Fig 2) with a coupling (60, Fig 2), a lead screw (55, Fig 2), and an elongated rod (35, Fig 2) with a cap (70, Fig 2) and a spring surrounding the bolt (a retraction spring 75 surrounding the shaft 85 and locking slots 85), but the prior art does not teach or suggest the arrangement of the pushing mechanism comprising a lateral die spring surrounding the bolt, an insert to receive and secure said bolt, at least two bearings, and a washer, and a lifter pin. No other prior art has been that teaches or suggest all the claimed features such that wherein said first and said second pushing mechanisms comprise a motor, at least one horn, a tension block housing a bolt, a lateral die spring surrounding the bolt, an insert to receive and secure said bolt, at least two bearings, and a washer, and a lifter pin in operable combination. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.J./Examiner, Art Unit 3785 /JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Mar 13, 2023
Application Filed
Dec 15, 2025
Non-Final Rejection — §102, §103, §112
Mar 25, 2026
Interview Requested
Mar 31, 2026
Applicant Interview (Telephonic)
Mar 31, 2026
Examiner Interview Summary

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+53.9%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 83 resolved cases by this examiner. Grant probability derived from career allow rate.

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