DETAILED ACTION
This office action is in response to the claims filed 5/18/2023. Claims 1-12 are presenting pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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: “a driver configured to provide power for moving the bracket unit” in claim 7 and “a rotational driver configured to provide rotational power to the side frame” in claim 10.
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 § 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 of this title, 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.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al (2022/0370288) in view of Park (2013/0253390) and Mori et al (2004/0122343).
Regarding claim 1, Ju discloses a massage apparatus comprising: a base frame (interior portion backrest (20)) and a seat frame (surface of backrest (20)) coupled to the base frame to form a seating surface (fig 1, para [0055]), and a massage module (10) (human body stimulation unit) disposed at a rear of the seating surface (massage module (10) is installed inside the backrest (20) and shown in fig 1 to be at a rear of the seating surface of the backrest (20) (para [0057]) to be movable between the base frame and the seat frame (massage module (10) is configured to move along the backrest (20) and massage a back of the user at various positions) (para [0060]), wherein the massage module (10) includes: a module base (100) (driving unit) (para [0068]), a bracket unit (200) (bracket unit including arm (200) and holder (110)) (para [0071]) connected to a driving shaft (122) (support shaft) and configured to be movable according to rotation of the driving shaft (para [0073]), and a massage ball unit (300) (sonic vibration module) including an electromagnet (314) (coil) (para [0108]) and a massage ball (320) (head is shown to be a ball in fig 8) (para [0107]), the massage ball unit (300) coupled to the bracket unit (200) to advance and retreat based on movement of the bracket unit (200) (fig 5, para [0084]), and the massage ball (320) being movable by the electromagnet (314) (para [0111]).
Ju does not disclose a side frame coupled to the module base to be rotatable in forward and backward directions.
However, Park teaches a massage device including massage module, wherein the massage module includes a module base (100) (conveyance unit), a side frame (200) (hinge unit) coupled to the module base (100) (para [0064]), and an elevation unit (300) disposed between the module base (100) and the side frame (200), to allow the side frame (200) to be rotatable with respect to the module base (100) in forward and backwards directions (elevation unit (300) is configured to raise and lower the one side of the support unit (200), and thus an angle between the conveyance unit (100) and the support unit (200) is varied to raise and lower the massage device (210)) (para [0077]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Ju by providing a side frame coupled to the module base and an elevation unit configured to allow the side frame to be rotatable in forward and backward directions as taught by Park in order to allow the device to provide a vertical motion to provide a pressure acupressure therapy effect (Park, abstract).
The now-modified Ju’s device discloses in fig 2 of Ju a driving shaft (122) (para [0073])
Modified Ju does not disclose that the driving shaft is disposed to pass through the side frame and rotate inside of the side frame.
However, Mori teaches a massage device include a massage module (200) including a side frame (204L, R) (massage holding brackets) and a driving shaft (205), wherein the driving shaft (205) is disposed to pass through the side frame (204L, R) and rotate inside of the side frame (204L, R) (para [0097]),wherein the drive shaft (205) is connected to a bracket unit including massaging arms (202R, L) and arm supporting members (203R, L) (para [0093]) which is movable according to the driving shaft (205) to perform a massaging process (para [0152]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Ju by configuring the driving shaft to pass through the side frame and rotate inside of the side frame, as the feature of the configuration of a massage movement with a driving shaft configured to pass through the side frame and rotate inside of the drive frame is known in the art, and it appears that the modified Ju’s device would perform equally well to drive the bracket unit using the drive shaft if the driving shaft passes through the side frame and rotates inside of the side frame.
Regarding claim 2, Ju discloses a controller (600) (not shown) configured to control each component of the device (para [0061]), by controlling an amount of current supplied to the electromagnet (314) of the massage ball unit (300) (power is applied to the massage ball unit (300) to magnetize the electromagnet (314) (para [0111])).
Regarding claim 3, the modified Ju’s references discloses the bracket unit includes: a fixing bracket (2031L, R of Mori) (bearing cases) configured so that the driving shaft (206 of Mori) passes through the fixing bracket (2031L, R of Mori) (Mori, para [0093]) and a connecting bracket (200 of Ju, 202 of Mori) (arm) configured to be movable with respect to the fixing bracket (110 of Ju, 2031, R of Mori) based on an eccentric rotation of the driving shaft (122 of Ju, 206 of Mori) (driving shaft (122 of Ju) includes an eccentric rotating body (121 of Ju) passes through the fixing bracket (110 of Ju)) (Ju, fig 3, para [0073]), and Ju discloses that the massage ball unit (300 of Ju) includes: a case (330 of Ju) (Ju, para [0101]) mounted on the connecting bracket (200 of Ju) (as shown in fig 5, two massage ball units (300 of Ju) are attached to the connecting bracket (200 of Ju)) and including a coil portion (314 of Ju) (coil) forming the electromagnet, the massage ball (320 of Ju) being configured to advance and retreat with respect to the case by a magnetic field induced from the coil portion (314 of Ju) (power is applied to magnetize the coil (314 of Ju) to generate vibration (Ju, para [0111]), and as shown in fig 11, the massage ball (320 of Ju) advances and retreats with respect to the case (330 of Ju) with a vertical movement range (Ju, para [0138]).
Regarding claim 4, Ju in fig 5 discloses the connecting bracket (200) includes an upper mounting portion and a lower mounting portion disposed below the upper mounting portion (as shown in fig 5, an upper massage ball unit (300) is shown to be disposed at an upper mounting portion of the connecting bracket (200) and a lower massage ball unit (300) is shown to be disposed at a lower mounting portion of the connecting bracket (200).
Regarding claim 5, Ju in fig 5 discloses the massage ball unit (300) includes: a first massage ball unit (300) mounted on the upper mounting portion; and a second massage ball unit (300) mounted on the lower mounting part (as shown in fig 5, an upper massage ball unit (300) is shown to be disposed at an upper mounting portion of the connecting bracket (200) and a lower massage ball unit (300) is shown to be disposed at a lower mounting portion of the connecting bracket (200).
Regarding claim 11, the modified Ju’s reference discloses that the massage ball unit is configured to be movable forward and backward based on the seating surface (support unit (200 of Park) can be raised and lowered (park, para [0070]), and therefore a massage ball unit disposed on the side frame (200 of Park) is configured to be movable forward and backward based on the seating surface).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al, Park, and Mori et al as applied to claim 5 above, and further in view of Kao (2017/0079865).
Regarding claim 6, Ju discloses a controller.
Ju does not disclose the controller is configured to individually control amounts of current supplied to the first massage ball unit and the second massage ball unit so that the massage ball of the first massage ball unit and the massage ball of the second massage ball unit move at different velocities.
However, Kao teaches a massage device including a first (2) and second massage unit (20) (two impact power units (2, 20) each including a respective massage head (4, 40)), and a controller (3) (control module) (para [0027]), wherein the controller (3) is configured to individually control the first massage unit (2) and the second massage unit (20) so that a massage head (4) of the first massage unit (2) and a massage head (40) of the second massage unit (20) move at different velocities (controller (3) includes adjustment knobs (341-344) so that the control unit (can control each massage unit (2, 20) to provide different forces and frequencies) (para [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Ju y configuring the controller to allow adjustment of different forces and frequencies of the first and second massage ball units to individually control amounts of current supplied to the first massage ball unit and the second massage ball unit so that the massage ball of the first massage ball unit and the massage ball of the second massage ball unit move at different velocities as taught by Kao in order to allow the first and second massage ball units to can provide different massages with different forces and frequencies (Kao, abstract).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al, Park, and Mori et al as applied to claim 1 above, and further in view of Kim et al (2020/0016027).
Regarding claim 7, modified Ju discloses a controller (600) (not shown) configured to control driving of the massage module (10) (para [0061]), and a driver (120) (kneading motor) (not shown) configured to provide power for moving the bracket unit (200) for providing a kneading massage (para [0073]).
Modified Ju does not disclose the controller controls the massage module so that only the massage ball unit is driven, and prevents the driver from being driven, to perform a low-noise massage mode.
However, Kim in fig 4 teaches a massage device, including a massage control panel (141) including a massage mode selection (148) for selecting a massage operation, such as a kneading, mixed massage, or an acupressure massage (para [0108]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Ju by configuring the controller to include a massage mode selection wherein a kneading massage or massage provided by the massage ball unit can be selected as taught by Kim in order to allow a user to select a desired massage operation (Kim, para [0107]). The now-modified Ju’s device is considered that the controller controls the massage module so that only the massage ball unit is driven, and prevents the driver from being driven, to perform a low-noise massage mode, Kim teaches a massage course selection part (148) for selecting a massage operation (para [0107]), and therefore the controller can control the massage module so that only the massage ball unit is driven, and prevents the driver from being driven if a user selects a massage ball mode and does not select a kneading massage, which would perform a low-noise massage mode.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al, Park, Mori et al, and Kim et al as applied to claim 7 above, and further in view of Ju et al (2022/0362098) (“Ju ‘098”).
Regarding claim 8, modifed Ju discloses the controller (600) is configured to control each component of the device (para [0061]), by controlling an amount of current supplied to the electromagnet (314) of the massage ball unit (300) (power is applied to the massage ball unit (300) to magnetize the electromagnet (314) (para [0111])).
Modified Ju does not disclose the controller is configured to control the amount of current supplied to the massage ball unit so that the massage ball of the massage ball unit moves at a first velocity, to perform a low-noise pressing mode.
However, Ju ‘098 teaches a massage device including a massage unit (300) (sonic vibration module) (para [0069]) and a controller (600) (not shown) configured to control a massage unit (300) based on an identified position of the massage unit (300) (S5000) and calculated body part (S5100), and providing a massage based on the body part (S5200) (para [0161]), wherein the controller can provide a first low velocity (intensity) to a waist part (para [0181]), a second intermediate velocity (intensity) to a shoulder part (para [0180]), and a third strong velocity (intensity) to a hip part (para [0182]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Ju by configuring the controller to control the amount of current supplied to the massage ball unit so that the massage ball of the massage ball unit moves at a first weak velocity, to perform a low-noise pressing mode, a second intermediate velocity to perform a low-noise tapping mode, and a third strong velocity to perform a low-noise vibration mode as taught by Ju ‘098 in order to provide a suitable massage based on characteristics of the identified body part (Ju ‘098, abstract).
Regarding claim 9, the modified Ju’s reference discloses the controller is configured to control the amount of current supplied to the massage ball unit so that the massage ball of the massage ball unit moves at a second velocity that is higher than the first velocity, to perform a low-noise tapping mode (can perform a sonic massage of intermediate intensity for a shoulder part) (Ju, para [0180]).
Regarding claim 10, the modified Ju’s references discloses a rotational driver (320 of Park) (rotary member) configured to provide rotational power to the side frame (200 of Park) (Park, para [0081]), wherein the controller is configured to control the rotational driver (420 of Park) to rotate the side frame (200 of Park) (Park, para [0067]) so that a rear surface of a body of a user seated on the seating surface is in close contact with the massage unit (210 of Park) (Park, para [0070]), and configured to control the amount of current supplied to the massage ball unit so that the massage ball of the massage ball unit moves at a third velocity that is higher than the first velocity and the second velocity, to perform a low-noise vibration mode (can perform a sonic massage of strong intensity for a waist part) (Ju, para [0181]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al, Park, and Mori et al as applied to claim 1 above, and further in view of Le et al (2015/0157528).
Regarding claim 12, modified Ju discloses the massage module (10) is configured to move along the backrest (20) (Ju, para [0060]).
Modified Ju does not disclose the module base includes: a guide pinion gear disposed on an outside of the module base, and a guide shaft connected to the guide pinion gear and passing through the module base, and the massage apparatus further comprises: a guide rail mounted on the base frame and having a guide rack gear engaged with the guide pinion gear to movably support each side of the module base.
However, Le teaches a massage apparatus including a massage module (170) (massage device) configured to move along a base frame (110) (para [0038]), wherein the massage module (170) includes a guide pinion gear (174R) (gear members) disposed on an outside of a module base (as shown in fig 4, a pair of guide pinion gears (174R) are disposed outside of a pair of sidewalls forming module base) and a guide shaft (197) (rotation shaft) connected to the guide pinion gear (174R) and passing through the module base (as shown in fig 4, guide shaft (197) passes through sidewalls forming module base) (para [0045]), and the massage apparatus further comprises: a guide rail (120L,R) (pair of guide rails) mounted on the base frame (110) (para [0039]) and having a guide rack gear (138) (gear teeth) engaged with the guide pinion gear (174R) to movably support each side of the module base (para [0040]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of modified Ju by providing the module base with a guide pinion gear disposed on an outside of the module base, and a guide shaft connected to the guide pinion gear and passing through the module base, and providing a guide rail mounted on the base frame and having a guide rack gear engaged with the guide pinion gear to movably support each side of the module base as taught by Le, as use of a guide pinion gear and a guide rack gear to allow a massage module is known in the art, and it appears that the device of modified Ju would perform equally well to allow the massage module to move along the backrest using a guide rack gear and a guide pinion gear. See MPEP 2143(I)(A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Palacio (2022/0378651), Wang et al (2022/0241135), and Nakata (2017/0360641) disclose massage mechanisms for a chair.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YOUNG SUL whose telephone number is (571)270-5260. The examiner can normally be reached on Monday-Friday 8:30 am-5 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached on 571-272-48354835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785