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 .
This office action is in response to the amendment filed 4/6/26. As directed by the amendment: claims 1, 6-7, 10, 12, and 17-20 have been amended, claim 9 has been cancelled, and no claims have been added. As such, claims 1-8 and 10-20 are pending in the instant application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 and 10-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the new limitation “the functional end is a common standard functional assembly … “ (line 9-10, emphasis added) appears to introduce new matter not found in the disclosure as originally filed. While the disclosure describes a solution being a ‘common functional assembly’ it is not known what the above emphasized term means in terms of scope and furthermore, the disclosure as filed does not provide for a common standard functional assembly or what limitation(s) is meant by the term ‘standard’. Thus the newly added limitation is new matter.
Claims 2-8 and 10-20 are rejected based on dependency on a rejected claim.
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 1-8 and 10-20 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 claim 1, the language “common standard functional assembly” (line 10, emphasis added) does not have support in the disclosure as filed per above and furthermore, this limitation is unclear as it is not known what limitation(s) is meant by the term ‘standard’ and the metes and bounds of the claim cannot be ascertained.
Claims 2-8 and 10-20 are rejected based on dependency on a rejected claim.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 7-8, 10-14, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Fang (5,377,701).
Regarding claim 1, Fang discloses a combined massage device (see Fig. 1-8 and abstract, the massage device includes a combination of components/elements and is thus a combined massage device) which includes a main body having a first connection portion (see Fig. 1 for example, main body 13 including portion which houses power and drive components, first connection portion being the location between 13 and elements 2 and 3, see col. 3 ln. 43-54), and a reciprocating motion portion having a functional end (reciprocating motion portion 6 with lower end being the functional end or also including any number of elements 1-4 defined as the functional end, see col. 3 ln. 43 through col. 2 ln. 11, col. 2 ln. 23-27), wherein the reciprocating motion portion is connected to the main body and has a degree of freedom of reciprocating motion relative to a direction of the main body (see Fig. 1-2, 4 and col. 2 ln. 23-27 for example), and the functional end is configured to have an independent massage function, and/or serve as a function supporting portion connected to an external combination to complete a combined function (see Fig. 1-2 and 4; functional end being the lower end of 6 alone, or also including element 4 providing an independent reciprocating/tapping massage function in the absence of elements 1-3 and which is able to also provide a rubbing/brushing/kneading type of massage, and/or serves as a functional supporting portion to support via connection to external combination of elements 1-3 to complete a combined function, i.e. sucking/negative pressure massage function, see col. 4 ln. 18-56; when the functional end is interpreted to include lower end of 6 and including elements 1-4, this provides independent sucking/negative pressure massage function and is able to also provide a rubbing/brushing/kneading type of massage). The functional end is a common standard functional assembly suitable for a plurality of massage manners (when the functional end is interpreted to be lower end of 6 alone or also including 4, it is a common standard functional assembly as it connects to elements 1 and 3 directly, 16 indirectly, and can perform percussive or tapping massage as well as single point pressure massage, and rubbing/brushing/kneading type massage, thus a plurality of massage manners; when the functional end is interpreted to be lower end of 6 and elements 1-4 it is a common standard functional assembly as it connects to the housing/main body 13 and motor 11 and provides for sucking/negative pressure massage function, col. 4 ln. 18-56, and is also able to provide point pressure massage and rubbing/brushing/kneading type massage); a transmission component having a transmission connection end A and a driving connection end B (see Fig. 1, transmission component 7 and 8 with transmission connection end A being lower part of 7 which is connected to reciprocating motion portion 6, driving connection end B being upper part 8 which connects to 9, see col. 4 ln. 23-27), and a driving component having a driving connection end A (see Fig. 1, driving component including motor 11 and speed reducer 10 with driving end A being shaft 9), wherein the transmission connection end A i9s connected to the reciprocating motion portion (see Fig. 1 transmission connection end A being lower part of 7 which is connected to reciprocating motion portion 6), the driving connection end A connected to the driving connection end B (see Fig. 1, driving component including motor 11 and speed reducer 10 with driving end A being shaft 9 which connects to upper part 8 of transmission component); the driving component adjusts a stroke of the driving connection end A to adjust a stroke of the reciprocating motion portion (see col. 4 ln. 66 which discloses adjustable-speed switch 12 which controls speed of reciprocation through control of motor 11 and speed reducer 10, thus adjusts the stroke; the driving component also controls the location of reciprocating end 6 through its stroke path and thus adjusts the stroke based on the location of the reciprocating end over time).
Regarding claim 2, the Fang device’s functional end is configured as a replaceable structure (see Fig. 1 and col. 4 ln. 18-22, 1 is able to be taken of/put back on via ring 16 fitting with multiple circular grooves of 2 and is thus replaceable; furthermore, each of elements 1-8 are separate parts and can thus be removed and replaced again or with another equivalent part).
Regarding claim 11, the Fang device includes a first external combination having a piston cavity (elements 1 and 3 being a first external combination connected to functional/bottom end of 6, piston cavity being lower space between 1 and 4 and surface A Fig. 1, or space between 1 and 3 in Fig. 4; note: the external combination can also be the functional end as the claims as currently worded do specify these are separate or distinct elements), wherein the functional end is configured to be a piston structure matching the piston cavity (see Fig. 1 and 4, element 4 being a piston structure which matches the cavity as it fits therein and helps define the cavity), the first external combination is provided with a second connection portion, the first connection portion is connected to the second connection portion (element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), wherein the piston structure of the reciprocating motion portion reciprocates in the piston cavity (see Fig. 1 and 4), the first external combination is provided with a sucking port (see Fig. 1 and 4, the sucking port being the opening in 1 located in line with element 4, or the sucking port being the bottom opening of 1 delimited by the contact between 1 and surface A), and when a piston of the reciprocating motion portion reciprocates, formed air pressure changes to form a sucking massage effect at the sucking port (see Fig. 1 and col. 23-56).
Regarding claim 12, the Fang device includes a second external combination (see Fig. 1-2 and 4, elements 1 and 3-4 being a second external combination connected to functional/bottom end of 6; note: the external combination can also be the functional end as the claims as currently worded do specify these are separate or distinct elements), wherein the second external combination is provided with a third connection portion, the first connection portion is connected to the third connection portion, and the second external combination is a massage rod (see Fig. 1-2 and 4, element 16 being the third connection portion which fits within circular grooves of 2 or threaded connections between 2 and 13 being first and third connection portions, element 4 acting as a massage rod via reciprocating action of 6, element 5 also considered a ‘massage rod’).
Regarding claim 3, the Fang device includes a first external combination having a piston cavity (elements 1 and 3 being a first external combination connected to functional/bottom end of 6, piston cavity being lower space between 1 and 4 and surface A Fig. 1, or space between 1 and 3 in Fig. 4; note: the external combination can also be the functional end as the claims as currently worded do specify these are separate or distinct elements), wherein the functional end is configured to be a piston structure matching the piston cavity (see Fig. 1 and 4, element 4 being a piston structure which matches the cavity as it fits therein and helps define the cavity), the first external combination is provided with a second connection portion, the first connection portion is connected to the second connection portion (element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), wherein the piston structure of the reciprocating motion portion reciprocates in the piston cavity (see Fig. 1 and 4), the first external combination is provided with a sucking port (see Fig. 1 and 4, the sucking port being the opening in 1 located in line with element 4, or the sucking port being the bottom opening of 1 delimited by the contact between 1 and surface A), and when a piston of the reciprocating motion portion reciprocates, formed air pressure changes to form a sucking massage effect at the sucking port (see Fig. 1 and col. 23-56).
Regarding claim 7, the Fang device includes a second external combination (see Fig. 1-2 and 4, elements 1 and 3-4 being a second external combination connected to functional/bottom end of 6; note: the external combination can also be the functional end as the claims as currently worded do specify these are separate or distinct elements), wherein the second external combination is provided with a third connection portion, the first connection portion is connected to the third connection portion, and the second external combination is a massage rod (see Fig. 1-2 and 4, element 16 being the third connection portion which fits within circular grooves of 2 or threaded connections between 2 and 13 being first and third connection portions, element 4 acting as a massage rod via reciprocating action of 6, element 5 also considered a ‘massage rod’).
Regarding claim 8, Fang discloses a negative pressure massage unit (see Fig. 1-8, abstract and col. 3 ln. 43 through col. 4 ln. 56 for example) having the combined massage device according to claim 1 (see above discussion regarding the elements of Fang reading on the claimed combined massage device according to claim 1).
Regarding claim 13, the Fang device’s functional end of the combined massage device is configured as a replaceable structure (see Fig. 1 and col. 4 ln. 18-22, 1 is able to be taken of/put back on via ring 16 fitting with multiple circular grooves of 2 and is thus replaceable; furthermore, each of elements 1-8 are separate parts and can thus be removed and replaced again or with another equivalent part).
Regarding claim 14, the Fang device’s combined massage device includes a first external combination having a piston cavity (elements 1 and 3 being a first external combination connected to functional/bottom end of 6, piston cavity being lower space between 1 and 4 and surface A Fig. 1, or space between 1 and 3 in Fig. 4; note: the external combination can also be the functional end as the claims as currently worded do specify these are separate or distinct elements), wherein the functional end is configured to be a piston structure matching the piston cavity (see Fig. 1 and 4, element 4 being a piston structure which matches the cavity as it fits therein and helps define the cavity), the first external combination is provided with a second connection portion, the first connection portion is connected to the second connection portion (element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), wherein the piston structure of the reciprocating motion portion reciprocates in the piston cavity (see Fig. 1 and 4), the first external combination is provided with a sucking port (see Fig. 1 and 4, the sucking port being the opening in 1 located in line with element 4, or the sucking port being the bottom opening of 1 delimited by the contact between 1 and surface A), and when a piston of the reciprocating motion portion reciprocates, formed air pressure changes to form a sucking massage effect at the sucking port (see Fig. 1 and col. 23-56).
Regarding claim 10, the Fang device includes a power assembly configured for providing power for driving the transmission component and acts on the reciprocating motion portion (see Fig. 1 and col. 12-17).
Regarding claim 18, the Fang device’s functional end of the combined massage device is configured as a replaceable structure (see Fig. 1 and col. 4 ln. 18-22, 1 is able to be taken of/put back on via ring 16 fitting with multiple circular grooves of 2 and is thus replaceable; furthermore, each of elements 1-8 are separate parts and can thus be removed and replaced again or with another equivalent part).
Regarding claim 19, the Fang device’s combined massage device includes a first external combination having a piston cavity (elements 1 and 3 being a first external combination connected to functional/bottom end of 6, piston cavity being lower space between 1 and 4 and surface A Fig. 1, or space between 1 and 3 in Fig. 4; note: the external combination can also be the functional end as the claims as currently worded do specify these are separate or distinct elements), wherein the functional end is configured to be a piston structure matching the piston cavity (see Fig. 1 and 4, element 4 being a piston structure which matches the cavity as it fits therein and helps define the cavity), the first external combination is provided with a second connection portion, the first connection portion is connected to the second connection portion (element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), wherein the piston structure of the reciprocating motion portion reciprocates in the piston cavity (see Fig. 1 and 4), the first external combination is provided with a sucking port (see Fig. 1 and 4, the sucking port being the opening in 1 located in line with element 4, or the sucking port being the bottom opening of 1 delimited by the contact between 1 and surface A), and when a piston of the reciprocating motion portion reciprocates, formed air pressure changes to form a sucking massage effect at the sucking port (see Fig. 1 and col. 23-56).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4-6, 15-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fang in view of Rakshit et al. (2025/0213421).
Regarding claim 4, the Fang device is silent as to including a waterproof assembly arranged between the main body and reciprocating motion portion configured for preventing water at a functional end side of the reciprocating motion portion from flowing to the other side; however, Rakshit discloses a similar massage device which includes a waterproof assembly between a functional motion driving portion and a massage end (see Rakshit abstract and Fig. 1-3 showing massage device including base with driving motion components and multiple functional massage ends; see para. 0010, 0036, and 0046 disclosing providing waterproof connection mechanism, thus waterproof assembly, between parts). Thus 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 Fang device to include a waterproof assembly, as taught by Rakshit, in order to provide waterproof and shock-absorbing connection mechanisms between parts (see Rakshit para. 0010, 0036, and 0046) to protect internal components from water damage.
Regarding claim 5, the modified Fang device is such that when the first and second connection portions are connected (Fang element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), the first external combination, main body and waterproof assembly form a second cavity in an enclosed manner with a ventilation channel in communication with outside (see Fang Fig. 1-2 and 4, in light of the modification in view of Rakshit to include waterproof assembly to the removable external parts, a second chamber is formed in the area above element 3 of Fang, ventilation channel 15, see Fang col. 4 ln. 12-17).
Regarding claim 6, the modified Fang device is such that when the first and second connection portions are connected (Fang element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), the first external combination, main body and waterproof assembly form a second cavity in an enclosed manner with at least one surface of the second cavity being a deformable surface configured to deform in response to air pressure change in the cavity by the functional end (see Fang Fig. 1-2 and 4, in light of the modification in view of Rakshit to include waterproof assembly to the removable external parts, a second chamber is formed in the area above element 3 of Fang, element 3 being a deformable diaphragm per col. 3 ln. 44 and col. 4 ln. 28-33).
Regarding claim 15, the Fang device is silent as to including a waterproof assembly arranged between the main body and reciprocating motion portion configured for preventing water at a functional end side of the reciprocating motion portion from flowing to the other side; however, Rakshit discloses a similar massage device which includes a waterproof assembly between a functional motion driving portion and a massage end (see Rakshit abstract and Fig. 1-3 showing massage device including base with driving motion components and multiple functional massage ends; see para. 0010, 0036, and 0046 disclosing providing waterproof connection mechanism, thus waterproof assembly, between parts). Thus 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 Fang device to include a waterproof assembly, as taught by Rakshit, in order to provide waterproof and shock-absorbing connection mechanisms between parts (see Rakshit para. 0010, 0036, and 0046) to protect internal components from water damage.
Regarding claim 16, the modified Fang device is such that when the first and second connection portions are connected (Fang element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), the first external combination, main body and waterproof assembly form a second cavity in an enclosed manner with a ventilation channel in communication with outside (see Fang Fig. 1-2 and 4, in light of the modification in view of Rakshit to include waterproof assembly to the removable external parts, a second chamber is formed in the area above element 3 of Fang, ventilation channel 15, see Fang col. 4 ln. 12-17).
Regarding claim 17, the modified Fang device is such that when the first and second connection portions are connected (Fang element 16 being the second connection portion which fits within circular grooves of 2, see col. 4 ln. 18-22, or combination including 1-4 with the threaded connections between 2 and 13 being first and second connection portions, see col. 3 ln. 43-54), the first external combination, main body and waterproof assembly form a second cavity in an enclosed manner with at least one surface of the second cavity being a deformable surface configured to deform in response to air pressure change in the cavity by the functional end (see Fang Fig. 1-2 and 4, in light of the modification in view of Rakshit to include waterproof assembly to the removable external parts, a second chamber is formed in the area above element 3 of Fang, element 3 being a deformable diaphragm per col. 3 ln. 44 and col. 4 ln. 28-33).
Regarding claim 20, the Fang device is silent as to including a waterproof assembly arranged between the main body and reciprocating motion portion configured for preventing water at a functional end side of the reciprocating motion portion from flowing to the other side; however, Rakshit discloses a similar massage device which includes a waterproof assembly between a functional motion driving portion and a massage end (see Rakshit abstract and Fig. 1-3 showing massage device including base with driving motion components and multiple functional massage ends; see para. 0010, 0036, and 0046 disclosing providing waterproof connection mechanism, thus waterproof assembly, between parts). Thus 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 Fang device to include a waterproof assembly, as taught by Rakshit, in order to provide waterproof and shock-absorbing connection mechanisms between parts (see Rakshit para. 0010, 0036, and 0046) to protect internal components from water damage.
Response to Arguments
Applicant's arguments filed 4/6/26 have been fully considered but they are not persuasive.
Applicant argues that the cited references do not disclose or teach a functional end being a common standard functional assembly suitable for a plurality of massage manners (see pg. 2 of the response). This is not well-taken as independent claim 1 does not positively recite that the functional end, or the main body/first connection portion receives any attachment devices in a modular manner such as disclosed in the instant figures. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The functional end of Fang can be interpreted as the lower end of reciprocating portion 6 in Fig. 1 or this lower end and additionally including element 4. This ‘functional end’ is a common standard functional assembly (as best understood noting the 112 issues regarding this language above) as it allows for connection of elements 1 and 3 thereto. This ‘functional end’ also is suitable for a plurality of massage manners (defined by the disclosure as another term for different modalities of massage) as it is inherently able to be used in patting/tapping/percussive massage (either with the powered reciprocation of the end of 6 alone or with element 4 as well or unpowered manual tapping by the user), can be used by the user to perform rubbing/brushing/kneading type massage, and can also be used by the user to perform a static pressure point type of massage. Thus, the Fang reference reads on the claims as currently worded.
Applicant’s argument that Fang does not read on the claimed common standard functional assembly suitable for a plurality of massage manners as Fang discloses a connection unit that is a single-functioned and structure-fixed component (see pg. 3 of the response) is not well-taken. The claims as currently worded do not require the modular/interchangeable parts that are disclosed in the instant invention and the Fang reference reads on the common standard functional assembly for plural massage manners as claimed. When lower portion of 6 and/or with element 4 alone is interpreted as the ‘functional end’, this functional end can be used in patting/tapping/percussive massage (either powered or manually by a user), be used by the user to perform rubbing/brushing/kneading type massage, and can also be used by the user to perform a static pressure point type of massage. When the functional end of Fang is interpreted to include elements 1-4, it can perform sucking-type massage (col. 4 ln. 18-56) and can also be used for patting/tapping/percussive massage (such as manually by a user), can be used manually by the user to perform rubbing/brushing/kneading type massage, and can also be used manually by the user to perform a static pressure point type of massage. Thus, the Fang reference reads on the claims as currently worded.
Applicant’s argument that Fang’s moving stroke of the massage portion does not involve different modes and does not teach adjustment of the stroke to achieve different stroke modes for different massage manners (see pg. 3-4 of the response) is not well-taken. The claims only set forth that the driving component “adjusts a stroke of the driving connection end A to adjust a stroke of the reciprocating motion portion” (claim 1 line 18-19) and does not specify achieve different stroke modes or link them to any type of massage manner/modality. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant discusses an example where a stroke mode with a short stroke is employed versus a long stroke; however, this is not reflective in the claims as currently worded which only specifies that the ‘stroke is adjusted’. Fang’s control of reciprocating motion, stroke, of the functional end itself reads on adjustment of stroke, i.e. it is adjusting the location of the functional end along its reciprocating path. Furthermore, Fang also discloses adjustment of stroke as the speed of the stroke is adjustable (see col. 4 ln. 66; Fang further discusses adjustment of stroke speed with regards to other embodiments in col. 5 ln. 27-39 for example). Thus Applicant’s argument that Fang is directed to a single-functioned and structure-fixed component with a fixed stroke is not-well taken for the reasons set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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/COLIN W STUART/Primary Examiner, Art Unit 3785
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