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 claims filed 5/22/23. Claims 1-20 are pending in the instant application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the stroke adjustment component (claim 10) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
Claims 8 and 9 use the transitional phrase “having” and this is being interpreted in light of the disclosure to be an open-ended term which does not exclude additional, unrecited elements. See MPEP 2111.03 IV.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “transmission component” and “driving component” 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 § 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 6-7, 10, 12, and 17 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 6, the limitation of the second cavity having a deformable surface configured to deform in response to the air pressure change in the cavity (see lines 5-6) is unclear and claims 4 and lines 1-4 of claim 6 set forth a waterproof assembly (reference character 60, Fig. 9-14) that defines a second cavity (reference character 62, Fig. 15) and it is not known what element disclosed represents a surface of this cavity which is a ‘deformable surface configured to deform in response to air pressure change’. It appears that the surface of reference character 60 is deformable but via action of the functional component (reference character 10) and not in response to the air pressure change in the cavity.
Regarding claim 7, the language “the second external combination is of a massage rod” (line 5) is unclear as the examiner cannot ascertain the meaning of this limitation, particular the phrase ‘is of a’ in this context.
Regarding claim 10, the limitation “stroke adjustment component” (line 5) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Claim 10 uses 112f language to set forth a "transmission component" which is interpreted in light of the disclosure to refer to reference element 12 and a "driving component" which is interpreted to refer to reference element 11; however, the disclosure does not sufficiently set forth/link the corresponding structure for performing the claimed element of 'stroke adjustment' as it is not clear what this element is in the disclosure which only uses similar claim language and does not clearly link a particular structure for this function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 12, the language “the second external combination is of a massage rod” (line 5) is unclear as the examiner cannot ascertain the meaning of this limitation, particular the phrase ‘is of a’ in this context.
Regarding claim 17, the limitation of the second cavity having a deformable surface configured to deform in response to the air pressure change in the cavity (see lines 5-6) is unclear and claims 15 and lines 1-4 of claim 17 set forth a waterproof assembly (reference character 60, Fig. 9-14) that defines a second cavity (reference character 62, Fig. 15) and it is not known what element disclosed represents a surface of this cavity which is a ‘deformable surface configured to deform in response to air pressure change’. It appears that the surface of reference character 60 is deformable but via action of the functional component (reference character 10) and not in response to the air pressure change in the cavity.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-3, 7-14, 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 including element 4 providing an independent reciprocating/tapping massage function in the absence of elements 1-3, 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).
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 of 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).
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 of 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).
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 9, Fang discloses a massage machine (see Fig. 1-8, abstract and col. 3 ln. 43 through col. 4 ln. 56 for example, the Fang device is a machine per the ordinary meaning of this term and provides a massage) 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 10, the Fang device discloses a transmission component having a transmission connection end A and a driving connection end B (see Fig. 1 elements 7 and 8 converting rotary motion of the motor into reciprocating motion of element 6, see col. 4 ln. 23-27, driving connection end B connected to motor output, transmission connection end A connected to element 6), a driving component having a power supply assembly and a driving connection end A, the power supply assembly providing power to drive transmission component and acts on reciprocating motion portion to perform reciprocating periodic motion at a stroke L (see Fig. 1, driving component including motor 11 and speed reducer 10 and driving connection end A being end connected to 7, i.e. shaft 9, col. 4 ln. 23-27 and including power assembly in the form of rechargeable battery, see col. 4 ln. 57-66, power cord 14), the transmission connection end A connected to reciprocating motion portion (see Fig. 1 end of 7 connected to 6), and driving connection end A connected to driving connection end B (see Fig. 1, end of motor output being driving connection end A and connected to end of 7), and a stroke adjustment component arranged in one of the claimed alternative locations claimed to provide a transmission ratio as claimed(see Fang, stroke adjustment component 10, which is a speed reducer and thus adjusts the stroke of the reciprocating motion element and driving connection end, see Fig. 1, col. 4 ln. 12-17, 10 located in the driving component, speed switch 12 allowing for changing of stroke L, col. 4 ln. 57-66).
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
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.
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 (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 (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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhong (2023/0210712), Kawada (3,906,940), He et al. (2023/0390144), He et al. (2022/0409470), and He (11,389,374) all disclose massage devices similar to the claimed/disclosed invention; Covey et al. (2023/0301867) discloses a massage device with stroke adjustment component to change transmission ratios.
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.
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, Justine Yu can be reached at 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN W STUART/Primary Examiner, Art Unit 3785
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