Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This office action is in response to the amendment filed on 3/31/2026. As directed by the amendment, claims 1, 3 and 9 have been amended, and no claims have been canceled. Thus, claims 1-9 are pending in this application
Claim Interpretation
3. For purposes of this examination, the "sandwiching portion" limitation (claims 1, 3, 5-9) is being interpreted to mean any kind of physical structure which can perform the function of "sandwiching" the base sheet to the front air bag while being located on the back surface of the base sheet.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1-2, 5-6 and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ozaki et al. (US 2006/0217644 A1).
Regarding claim 1, Ozaki discloses a massaging device (abs.) comprising: a base sheet (para. 36, massaging elements 12a-h are attached to attachment plates 43a & 43b, annotated Fig. 4, 43a & 43b); and an air bag supported by the base sheet (para. 37, massage elements 12a-12h are formed as cylindrical hollow member 50 which is expanded and contracted, annotated Fig. 4, front end of hollow cylinder 50), wherein when one surface of the base sheet is a front surface and a surface opposite to the front surface is a back surface (annotated Fig. 4, front surface & back surface), the air bag includes a bag that is located on a side of the front surface of the base sheet, and that is inflated with air intake and deflated with air exhaust (para. 37, massage elements 12a-12h are formed as cylindrical hollow member 50 which is expanded and contracted, annotated Fig. 4, front end of hollow cylinder 50 located on front surface), and a sandwiching portion that is located on a side of the back surface of the base sheet and sandwiches the base sheet between the sandwiching portion and the bag in a thickness direction (para. 37, bottom of hollow member 50 has air passage portion 52, annotated Fig. 4, see sandwiching portion), a joint portion joins the bag and the sandwiching portion (annotated Fig. 4, see joint portion), and the base sheet includes a support hole penetrating the base sheet in the thickness direction and supporting the joint portion (para. 38, connector 45 for connecting air with massage members, annotated Fig. 4, support hole 45).
Regarding claim 2, Ozaki discloses a massaging device (abs.), wherein the base sheet includes a slit extending from an end of the base sheet (para. 36, attachment plate 43b, annotated Fig. 2, see slits ins attachment plate 43b).
Regarding claim 5, Ozaki discloses a massaging device (abs.), wherein the bag is a first bag (para. 37, hollow member 50b, elastically deforms or compresses, annotated Fig. 4, front bag/first bag), the sandwiching portion is a second bag that is inflated with air intake and deflated with air exhaust (para. 37, bottom portion of hollow member 50 is 50a has the same properties as 50b so it also elastically deforms or compresses, annotated Fig. 4, Sandwiching portion located on a side of the back surface/second bag).
Regarding claim 6, Ozaki discloses a massaging device (abs.), wherein the bag is a first bag (para. 37, hollow member 50b, elastically deforms or compresses, annotated Fig. 4, front bag/first bag), the sandwiching portion is a second bag that is inflated with air intake and deflated with air exhaust (para. 37, bottom portion of hollow member 50 is 50a it has the same properties as 50b so it also elastically deforms or compresses, annotated Fig. 4, Sandwiching portion located on a side of the back surface/second bag).
Regarding claim 9, Ozaki discloses a massaging device (abs.), wherein in plan view in the thickness direction, the joint portion is smaller than the support hole (see annotated Fig. 4, joint portion is just small portion where hollow member 50 connects into base sheet), and the bag and the sandwiching portion are larger than the support hole (see annotated Fig. 4).
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Allowable Subject Matter
7. Claims 3-4 and 7-8 are 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.
The closest prior art of record by Ozaki et al. (US 20060217644 A1) does not disclose all of the structural and functional limitations as recited in the claims 3-4, and 7-8. Specifically, the prior art of record does not disclose: wherein “the slit extends from the end of the base sheet to the support hole, and in plan view in the thickness direction, the joint portion is smaller than the support hole, and the bag and the sandwiching portion are larger than the support hole” (claim 3, ln. 1-4).
Response to Arguments
8. Applicant’s arguments, see pages 6-8, filed 3/31/2026, with respect to the rejection(s) of claim(s) 1-9 under 35 U.S.C. 112 & 35 U.S.C. 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ozaki et al. (US 2006/0217644 A1) after applicant’s amendment. Claims 1-2, 5-6 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ozaki et al. (US 2006/0217644 A1).
Conclusion
9. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.R.W./ Examiner, Art Unit 3785
/TIMOTHY A STANIS/ Supervisory Patent Examiner, Art Unit 3785
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