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 5/26/23. Claims 1-7 are pending in the instant application.
Claim Interpretation
The limitation “an elongated S-shape” (claim 1) is being interpreted in light of the disclosure to refer to the shape of the letter ‘S’ of the Latin/English alphabet. See instant Fig. 1-2 for example.
Claim Objections
Claim 1 is objected to because of the following informalities: the language “counter line” (line 6) is objected to for a typographical/spelling error; Examiner suggests amending to read –contour line-- (line 9 correctly spells this term). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 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.
The term “boomerang-type” in claims 1-7 line 1 is a relative term which renders the claim indefinite. The term “type” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear as to what qualifies, or does not qualify, as being ‘boomerang-type’. Seem MPEP 2173.05(b) III E.
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) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lang et al. (9,925,110) in view of van den Dries et al. (2017/0340509).
Regarding claim 1, Lang discloses a boomerang-type massage apparatus (see Fig. 2-3, abstract for example) which includes an inner planar portion (see annotated Fig. 2A and 2C below showing inner planar portion, defined by front and rear inner planar portions, as labeled, see also col. 8 ln. 18-22); a curved portion extending at an incline from an edge of the inner planar portion (see Fig. 2A-E, curved portion defined by elements 116A, 128A, 126A on front portion and 116B, 118B, 128B, 126B on rear portion); and a blade portion formed so as to have a contour line curved with various radii of curvature along an edge of the curved portion (see Fig. 2A and C, blade portion 110, see col. 6 ln. 47 through col. 7 ln. 65), wherein the contour line of the blade portion is formed in an elongated S-shape (see Fig. 2A, rotated 90 degrees clockwise having an elongated S-shape). Lang is silent as to the blade portion formed so as to be rounded in a thickness direction; however, van den Dries discloses a similar massage apparatus which includes a blade portion formed so as to be rounded in a thickness direction (see van den Dries Fig. 1C-F and 2, rounded blade portions 141, 142, 143, 144). 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 Lang device’s blade portion to be rounded in a thickness direction, as taught by van den Dries, in order to provide a desired massage contact edge and this would have been obvious substitution of one known element/shape for another and one would expect the modified Lang device to perform equally as well.
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Regarding claim 3, the modified Lang device’s inner planar portion includes a front planar portion and a rear planar portion (see annotated Figs. 2A and 2C above with front and rear planar portions labeled), and wherein the massage apparatus further includes a front grip cover coupled to the front planar portion and a rear grip cover coupled to the rear planar portion (see Fig. 2A and 2C, elements 140 being grip elements per col. 8 ln. 18-38, which cover surfaces of the front and rear planar portions and are also coupled thereto, thus defining front and rear grip covers as claimed; note the claim language does not specify that the grip covers are separate/detachable elements).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lang and van den Dries as applied to claim 1 above, and further in view of Graston (5,441,478).
Regarding claim 2, the modified Lang device discloses double-edged blade portions including inclined curved surfaces formed on the front and rear portion of the massage apparatus (see Lang Fig. 2A and C for example, beveled edges 116A and 116B defining double-edged blade portion being inclined curved surfaces on the front and rear portions of the apparatus, also beveled edges 126A and 126B and 128A and 128B), but is silent as to including a single-edged blade portion formed on a front portion of the device; however, Graston discloses a similar massage apparatus which includes a single-edged blade portion (see Graston Fig. 7C, 8D, 9D, 11F and 11G showing single-edged blade portions 66, 74, 76, 94, 104). Thus it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the modified Lang device to include a single-edged blade portion, as taught by Graston, in order to provide a differing massage effect to the user (from both dual-edged and single-edged blade portions in the same device).
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lang and van den Dries as applied to claim 3 above, and further in view of Oh (KR 102171759) (see translation provided with this action) and Oh et al. (2021/0145686) (hereinafter Oh ‘686).
Regarding claim 4, the modified Lang device is silent as to further including a board configured to control operation of the device and to generate microcurrent; and a vibration motor configured to generate vibration, the board and vibration motor mounted in the device so as to be located between the front and rear grip covers; however, Oh discloses a similar massage device which includes a board configured to control operation of the device and to generate microcurrent and a vibration motor configured to generate vibration, both mounted in the device so as to be located between front and rear grip covers (see Oh Fig. 1-4, board 500 and vibration motor 300 mounted to be located between front and rear grip covers 200A and 200B, see translation abstract and pg. 2-3 Basic configuration of smart muscle massager section). 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 modified Lang device to further include a board to generate a microcurrent and a vibration motor to generate vibrations, housed in the device within front and rear grip covers, as taught by Oh, in order to provide additional massage effects for the user (microcurrent and vibration in addition to kneading/scraping massage, see Oh abstract and pg. 2-3 Basic configuration of smart muscle massager section). The now modified Lang device is silent as to the board for generating microcurrent explicitly being a printed circuit board; however, Oh ‘686 teaches a similar massage device which teaches this limitation (see Oh ‘686 para. 0060-0061 and 0067). 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 modified Lang device’s board to explicitly be a printed circuit board, as taught by Oh ‘686, as this would have been obvious substitution of one known element for another and one would expect the modified Lang device to perform equally as well.
Regarding claim 5, the modified Lang device includes an electrode part configured to cause the microcurrent to flow to a user’s body when the user’s body touches the electrode part (see Oh ‘686 para. 0060-0061 and 0067,electrode part 400); and a power button (see Oh ‘686 para. 0049-0051, power button 2200, see Fig. 1). The modified Lang device is silent as to the power button and the electrode part explicitly being disposed on the front grip cover; however, this would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Lang device to position these elements on the front grip cover as this would have been obvious to try and would have been obvious rearrangement of parts. See MPEP 2144.04 VI C.
Regarding claim 6, the modified Lang device includes a battery in order to provide power for the PCB to provide the microcurrent (see Oh pg. 2-3 Basic configuration of smart muscle massager section, battery 600; Oh ‘686 para. 0048) and which battery is rechargeable and thus includes a charging terminal disposed on the device (see Oh ‘686 para. 0048). The modified Lang device is silent as to the charging terminal explicitly being disposed on the rear grip cover; however, this would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Lang device to position this element on the rear grip cover as this would have been obvious to try and would have been obvious rearrangement of parts. See MPEP 2144.04 VI C.
Regarding claim 7, the modified Lang device is silent as to further including a battery mounted in the massage apparatus so as to be located between the front and rear grip covers; however, Oh discloses a similar massage device which includes elements to provide microcurrent and vibration massage effect and thus includes a battery to power these elements, all of which located between front and rear grip covers (see Oh Fig. 1-4, board 500 and vibration motor 300 powered by battery 600 mounted to be located between front and rear grip covers 200A and 200B, see translation abstract and pg. 2-3 Basic configuration of smart muscle massager section). 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 modified Lang device to further include a board to generate a microcurrent and a vibration motor to generate vibrations and powered by internal battery, housed in the device within front and rear grip covers, as taught by Oh, in order to provide additional massage effects for the user (microcurrent and vibration in addition to kneading/scraping massage, see Oh abstract and pg. 2-3 Basic configuration of smart muscle massager section). The now modified Lang device is silent as to the battery explicitly being rechargeable; however, Oh ‘686 teaches a similar device which uses rechargeable batteries (see Oh ‘686 para. 0048). 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 modified Lang device to use a rechargeable battery, as taught by Oh ‘686, in order to provide the ability to recharge the power source rather than replace it.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hwang (5,624,385), Lin (6,077,239), Sevier et al. (6,254,555), Martin et al. (2006/0247563), and Louis (2006/0293619) discloses massage devices similar to the claimed/disclosed invention.
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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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