DETAILED ACTION
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 .
Response to Amendment
The amendment filed 04/14/2026 has been entered. Claims 2 and 10 have been cancelled. Therefore, claims 1, 2-9, and 11-16 are pending in the instant application.
Response to Arguments
Applicant's arguments filed 04/14/2026 have been fully considered but they are not persuasive.
Specifically, Applicant argues per page 8 [01] of the Remarks filed 04/14/2026, that Figure 2 of Paul merely illustrates various configurations corresponding to different angles between the first and second seat frame, but that Paul does not disclose:
“the control unit controls the second driving unit such that the second seat frame maintains a reference angle with respect to the ground in accordance with rotation of the first seat frame”
Per MPEP 2125, the drawings can be used as prior art, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skilled in the art, (see MPEP 2121.04 for more information on prior art drawings as “enabled disclosures”).
The examiner respectfully disagrees with the sentiment that a reference angle with respect to the ground is not disclosed, it is pointed out that Paul Figure 2 discloses that the second seat frame (of the back rest) rotating in accordance with the rotation of the first seat frame (of the seating portion of the chair), with different angles between the first and second seat frame.
It is respectfully pointed out that, because the frames are rotatably coupled and supported by the chair structure resting on a surface, the orientation of either frame with respect to a fixed reference plane like the ground, it would’ve been obvious to one of ordinary skill in the art that setting the chair to a specific configuration, defines a reference angular relationship between the frames, and between the frames and the floor.
As cited in the non-final rejection filed, 01/14/2026, per claims 1-2, Paul [0004]; discloses the control unit moving actuators to change positions of the chair and (Figure 1), annotated Figure 3 of Paul discloses a first and second driving unit ’44,46’ that are able to move the respective first/ second seat frames, with respect to the ground of a rotation of the frame. Therefore, and accordingly, Paul discloses that the control unit controls the second driving unit, such that the second seat frame maintains a reference angle with respect to the ground in accordance with rotation of the first seat frame.
Applicant argues per page 8 [02] of the Remarks filed 04/14/2026, that Paul does not disclose a configuration in which the second seat frame maintains a reference angle with respect to the ground even when the first seat frame rotates. The examiner respectfully disagrees, with the same sentiment and argument as written above, the second seat and the first seat have a reference angle to the ground as depicted in Paul Figure 2, where each respective frame rotates relative to one another to provide different angles/ positions of the chair, where a reference angle to the ground is relative to a chosen frame of reference. Specifically, in Paul Figure 2, the first seat frame rotates, in different configurations, with the second seat frame also rotating, here the second seat frame also has a reference angle to the ground.
Applicant argues per page 8 [03] of the Remarks filed 04/14/2026, that Paul does not specifically disclose a state in which the second seat frame maintains a reference angle with respect to the ground despite the elevation of the rear portion of the first seat frame. The examiner respectfully disagrees, as stated previously, because the frames are rotatably coupled and supported by the chair structure resting on a surface, the orientation of either frame with respect to a fixed reference plane like the ground, would’ve been obvious to one of ordinary skill in the art that setting the chair to a specific configuration, defines a reference angular relationship between the frames, and between the frames and the floor.
It is also noted upon that Paul discloses in paragraph [0044] of the disclosure that frames can be independently moved upon each other: “In other words, the relative angle between backrest 24 and seat 22 will only change when backrest actuator 46 is actuated (and not when seat actuator 44 extends or retracts while backrest actuator 46 does not change length).”. It would have been readily understood by one of ordinary skill in the art that since the second seat frame (backrest) can be independently moved and actuated, that it could be stationary (maintaining a reference angle to the ground), while the first seat frame (seating frame) is actuated simultaneously, and as depicted in Paul Figure 2.
Applicant argues per page 8 [07] of the Remarks filed 04/14/2026, that Fukuyama does not disclose a configuration corresponding to a second driving unit connected to the first seat frame and the second seat frame, and configured to drive the second seat frame to rotate with respect to the first seat frame.
While the examiner agrees that Fukuyama does not disclose such, it is noted that in the Office Action filed 01/14/2026, that for this particular claim limitation, the reference Paul was relied upon. See pages 5-6 of the Office action filed 01/14/2026, for description on the second driving unit connected to the first seat frame. It is noted that Paul discloses the second driving unit connected to the second seat frame in (Figure 1), annotated Figure 3 of Paul, provided on page 3 of the office action.
However, 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 position of the second driving unit since such a modification would simply involve merely moving the driving unit to be attached to the first seat frame, without changing the operation of the device, such that the second driving unit would still be actuating the second seat frame only to move to different angles/ positions, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
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, 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.
Claims 1-16 are rejected under 35 U.S.C. 103 as obvious over Paul (US 20170340116 A1) in view of Fukuyama (US 20100117427 A1).
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Figure 1: Annotated Figure 3 of Paul.
Regarding claim 1, Paul discloses an apparatus comprising:
a base frame (Figure 1 above; ‘74’ is a base frame with a connection to the x-lift frame making a base);
a first seat frame connected to the base frame to be rotatable with respect to the base frame, the first seat frame including a seat portion on which a user is to be seated (Figure 1 above; 1st seat frame is pointed towards, Figure 2 of Paul; the seat is rotated to different positions with respect to the base frame, ‘58’ is seat portion on the 1st seat frame for a user to sit upon);
a second seat frame coupled to the first seat frame to be rotatable with respect to the first seat frame, the second seat frame including a backrest portion on which the user's back is to be rested (Paul [0044]; backrest ‘24’ is coupled to the seat frame (the 2nd seat frame thereby being coupled to 1st seat frame), Figure 1 above; 2nd seat frame of the backrest that is pointed to, coupled to first seat frame, is rotatable (Figure 2 Paul; different positions of backrest), backrest portion is ‘24’ of Figure 1 above for a user’s back to rest on);
a first driving unit connected to the base frame and the first seat frame to drive the first seat frame to rotate with respect to the base frame (Figure 1 above; ‘44’ is a 1st driving unit that rotates the seat with respect to the base frame ‘74’);
a second driving unit connected to the first seat frame (Figure 1 above; ‘46’ is the 2nd driving unit is connected to the 2nd seat frame which is connected to the 1st seat frame rotatably- thereby having the same function as coupling to 1st seat frame with the purpose to only move the back resting portion);
and the second seat frame to drive the second seat frame to rotate with respect to the first seat frame (Paul Figure 2; where the second seat frame is connected to the 1st seat frame (Figure 1 above), seen throughout different rotational position possibilities);
and a control unit configured to, upon an execution command control the 1st driving unit so that a rear side of the first seat frame is raised thereby raising the seat portion (Paul Figure 2; different positions with the seat portion raised, [0004]; the controller moves the seat actuator, back actuator to control positions of the seat portion);
wherein the control unit is configured to control the second driving unit so that the second seat frame maintains a reference angle with respect to a ground according to a rotation of the first seat frame (Paul [0004]; the controller moves the seat actuator and the backrest actuator, Paul Figure 2; the 2nd seat frame is seen to be rotatable with 1st seat frame (as seen by the different positions of the backrest moving), and they maintain an angle with respect to the ground as shown by the different positions).
Paul fails to disclose a massage module in the second seat frame that performs a massage function and a control unit with commands for a massage course to be input and move the chair accordingly.
Fukuyama discloses a massage apparatus comprising:
a massage module accommodated in the second seat frame to perform a massage function (Fukuyama Figure 1; ‘4a’ massaging element in the “second seat frame” (back rest portion) to perform a massage function to a user’s back region);
and a control unit configured to, upon an execution command for a massage course being input, control the first driving unit to rotate the first seat frame (Fukuyama [0058]; the control unit is operated by the user to perform various massaging motions (execution command for massage course being input) and upon operating to start the massage course, the control unit can activate a driving portion to move the seat – thereby moving the seat frame, [0011]; chair has a driving portion (first driving portion) for moving the seat body (first seat frame)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus of Paul to include massage functions and a control unit with massage course being input to move the chair as taught by Fukuyama, since, a massage unit in the back region is known in the art to provide therapeutic relief to a user (Kim (US 20200163824 A1), [0004-0005]) and because a control unit is also known in the art to provide autonomous control of the chair position for additional comfort to a user (Fukuyama [0153]).
Since the frames are rotatably coupled and supported by the chair structure resting on a surface, the orientation of either frame with respect to a fixed reference plane like the ground, it would’ve been obvious to one of ordinary skill in the art that setting the chair to a specific configuration, defines a reference angular relationship between the frames, and between the frames and the floor.
Paul discloses in paragraph [0044] of the disclosure that frames can be independently moved upon each other: “In other words, the relative angle between backrest 24 and seat 22 will only change when backrest actuator 46 is actuated (and not when seat actuator 44 extends or retracts while backrest actuator 46 does not change length).”. It would have been readily understood by one of ordinary skill in the art that since the second seat frame (backrest) can be independently moved and actuated, that it could be stationary (maintaining a reference angle to the ground), while the first seat frame (seating frame) is actuated simultaneously, and as depicted in Paul Figure 2.
Additionally, 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 position of the second driving unit since such a modification would simply involve merely moving the driving unit to be attached to the first seat frame, without changing the operation of the device, such that the second driving unit would still be actuating the second seat frame only to move to different angles/ positions, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
Regarding claim 3, modified Paul further discloses the massage apparatus of claim 1.
Paul discloses an apparatus comprising:
a control unit to control the first driving unit to rotate the first seat frame so that the rear side of the first seat frame is lowered (Paul Figure 2; position ‘36’ where the rear side of the first seat frame is lowered, and [0004]; the control unit moves the driving units (actuators) to change positions of the chair).
Paul is silent to disclose a sensor, upon determining that a user is seated, to control the first driving unit to rotate the first seat frame.
Fukuyama discloses the massage chair further comprising:
a sensor configured to detect a user (Fukuyama [0078]; chair comprises a sensor that has object detection -therefore could detect a user);
wherein the control unit is configured to, upon determining that the user is seated on the massage apparatus based on a detection by the sensor, control the first driving unit to rotate the first seat frame (Fukuyama [0012] chair further comprises a sensor for detecting position of the seat body that can automatically move the seat body with the driving portion, [0013]; position can return back to reference position from the sensor that detects position, [0066]; driving portion moves the seat body (1st driving unit rotating 1st seat frame), and can tilt back and forth [0011]- thereby rotating the frame);
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the user is detected within the chair because the specific positions enhance patient comfortability within the chair and because it will be easier for the user to get back into once, they depart and come back to the chair (Paul [0003]).
Regarding claim 4, modified Paul further discloses the massage apparatus of claim 3.
Paul discloses the apparatus,
wherein the control unit is configured to control lowering the rear side of the first seat frame (Paul Figure 2; positions 32, 36, 38 have the rear side of the first seat frame lowered, this is controlled by the control unit that moves the driving units of Figure 1 above);
Paul is silent to disclose controlling the massage function after controlling the lowering.
Fukuyama discloses the massage chair wherein,
the control unit is configured to after controlling to move the seat frame to a different position, control the massage module to perform the massage function (Fukuyama [0058]; the control unit is operated by the user to perform various massaging motions and upon operating to start the massage course, the control unit can activate a driving portion to move the seat – thereby moving the seat frame, [0011]; chair has a driving portion for moving the seat body (1st driving unit), [0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion).
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the massage because the specific positions enhance patient comfortability within the chair (Paul [0003]).
Regarding claim 5, modified Paul discloses the massage apparatus of claim 4.
Paul discloses the apparatus wherein, the first driving unit rotates the first seat frame so that the rear side of the first seat frame is raised (Paul Figure 2; the 1st driving unit can be seen in positions 40 and 42 from lowered position of rear side of the seat frame);
Paul is silent to disclose the massage module that receives commands to end the massage course to then rotate the first seat frame by the first driving unit.
Fukuyama further discloses the massage apparatus of claim 4, wherein the control unit is configured to, upon receiving a command to end the massage course, controlling the first driving unit to rotate the first seat frame (Fukuyama [0058]; the control unit is operated by the user to perform various massaging motions and upon operating to start/end the massage course, the control unit can activate a driving portion to move the seat – thereby moving the first seat frame, [0011]; chair has a driving portion for moving the seat body (1st driving unit), [0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0171]; the control unit can drive the seat portion and automatically activate the massage portion);
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the massage because the specific positions enhance patient comfortability within the chair (Paul [0003]).
Regarding claim 6, modified Paul further discloses the massage apparatus of claim 5.
Paul discloses the apparatus,
wherein the control unit is configured to control the second driving unit to drive the second seat frame so that the second seat frame maintains the reference angle with respect to the ground according to the rotation of the first seat frame (Paul Figure 2; where the second driving unit is in the second seat frame (Figure 1 above) and positions 32-38, the backrest maintains a reference angle with respect to the ground according to the 1st seat frame, can be seen stationary or tilted also).
Regarding claim 7, modified Paul further discloses the massage apparatus of claim 6.
Paul discloses the apparatus wherein,
the control unit controls the first driving unit so that the rear side of the first seat frame is lowered (Paul Figure 2; positions 32, 36, 38 have the rear side of the first seat frame lowered, this is controlled by the control unit that moves the driving units of Figure 1 above);
Paul is silent to disclose the sensor that detects if a user has left the massage chair to then control the first driving unit to rotate the first seat frame.
Fukuyama discloses the massage chair,
wherein the control unit is configured to, upon determining that the user has departed from the massage apparatus based on a detection by the sensor, control the first driving unit to rotate the first seat frame (Fukuyama [0078]; chair comprises a sensor that has object detection -therefore could detect a user, [0012] chair further comprises a sensor for detecting position of the seat body that can automatically move the seat body with the driving portion, [0013]; position can return back to reference position from the sensor that detects position, [0066]; driving portion moves the seat body (1st driving unit rotating 1st seat frame), and can tilt back and forth [0011]- thereby rotating the frame, [0013]; the position of seat body can be detected by the sensor and can operate back to the reference position (normal chair posture of flat seat))).
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the user is detected within the chair because the specific positions enhance patient comfortability within the chair and because it will be easier for the user to get back into once, they depart and come back to the chair (Paul [0003]).
Regarding claim 8, modified Paul further discloses the massage apparatus of claim 1.
Paul discloses the apparatus,
wherein the first seat frame further includes a frame support shaft extending sideward of the first seat frame (Figure 2 below; 1st seat frame has a frame support shaft that extends sideward (connection piece outward of chair) to the 1st seat frame that connects the two pieces and supports the seat frame);
and passing through the base frame so that the first seat frame is coupled to be rotatable with respect to the base frame (Figure 2 below; the frame support shaft is mounted to the base frame and helps to extend the first seat frame (rotatable to the base frame), is passable through base frame because it is the connection portion to the x-lift section of the base frame);
wherein the first driving unit includes: a base connection portion mounted on the base frame (Figure 2 below; where the base connection portion is mounted to the base frame ‘74’ included with x- lift frame, and this all connects to the seat driving unit = 1st driving unit ‘44’);
and a seat connection portion connected to a lower surface of the first seat frame so that the first seat frame rotates with respect to the base frame around the frame support shaft (Figure 2 below; ‘56’ is a seat connection portion that allows the 1st seat frame to rotate (Paul [0043]) with respect to base frame ‘74’ with the x-lift portion – that includes the frame support shaft);
the seat connection portion slidably movable with respect to the base connection portion (Figure 2 below; ‘56’ the seat connection portion is extendable (Paul [0043]) with respect to the whole base frame, which is connected to the base connection portion).
[AltContent: textbox (x-lift frame with base frame portion for support)][AltContent: arrow]
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Figure 2: Annotated Figure 3 of Paul.
Regarding claim 9, modified Paul discloses a method of controlling an apparatus.
Paul discloses the method comprising:
controlling to rotate a first seat frame, which is connected to a base frame to be rotatable with respect to the base frame (Figure 1 above; 1st seat frame is pointed towards, Figure 2 of Paul; the seat is rotated to different positions with respect to the base frame, Figure 1 above; ‘58’ is seat portion on the 1st seat frame for a user to sit upon, Paul [0004]; control unit moves the driving units (actuators) to rotate the frames rotatably with respect to the base frame);
so that a rear side of the first seat frame is raised thereby raising a seat portion included in the first seat frame (Paul Figure 2; positions shown, 40 and 42 indicate the rear side of first seat frame is raised from a lowered position standpoint);
and controlling to rotate a second seat frame, which is coupled to the first seat frame to be rotatable with respect to the first seat frame, to maintain a reference angle with respect to a ground according to the rotation of the first seat frame (Paul [0004]; the controller moves the seat actuator and the backrest actuator, Paul Figure 2; the 2nd seat frame is seen to be rotatable with 1st seat frame (as seen by the different positions of the backrest moving), where the first and second seat frame are depicted rotatable about each other and they maintain an angle with respect to the ground as shown by the different positions).
Paul fails to disclose a method for a massage apparatus with receiving an execution command for a massage course operation.
Fukuyama discloses a method for a massage apparatus for controlling and receiving an execution command for a massage course operation (Fukuyama [0058]; the control unit is operated by the user to perform various massaging motions (receiving the execution command for massage course being input) and upon operating to start the massage course, the control unit can activate a driving portion to move the seat – thereby moving the seat frame, [0011]; chair has a driving portion for moving the seat body (1st driving unit)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of controlling of Paul to include massage controls with a massage course being input to move the chair as taught by Fukuyama, since, a massage unit in the back region is known in the art to provide therapeutic relief to a user (Kim (US 20200163824 A1), [0004-0005]) and because a control unit is also known in the art to provide autonomous control of the chair’s positioning for additional comfort to a user (Fukuyama [0153]).
Since the frames are rotatably coupled and supported by the chair structure resting on a surface, the orientation of either frame with respect to a fixed reference plane like the ground, it would’ve been obvious to one of ordinary skill in the art that setting the chair to a specific configuration, defines a reference angular relationship between the frames, and between the frames and the floor.
Paul discloses in paragraph [0044] of the disclosure that frames can be independently moved upon each other: “In other words, the relative angle between backrest 24 and seat 22 will only change when backrest actuator 46 is actuated (and not when seat actuator 44 extends or retracts while backrest actuator 46 does not change length).”. It would have been readily understood by one of ordinary skill in the art that since the second seat frame (backrest) can be independently moved and actuated, that it could be stationary (maintaining a reference angle to the ground), while the first seat frame (seating frame) is actuated simultaneously, and as depicted in Paul Figure 2.
Regarding claim 11, modified Paul further discloses the method of claim 9.
Paul discloses a method of an apparatus comprising:
controlling the control unit so that the rear side of the first seat frame is lowered (Paul Figure 2; position ‘36’ where the rear side of the first seat frame is lowered, and [0004]; the control unit moves the driving units (actuators) to change positions of the chair).
Paul is silent to disclose the method of the apparatus with a seat sensor able to detect a user being sat on the chair and then controlling to rotate the first seat frame.
Fukuyama discloses the method of a massage chair further comprising:
detecting a user by sensor (Fukuyama [0078]; chair comprises a sensor that has object detection -therefore could detect a user);
and upon determining that the user is seated on the massage apparatus based on a result of the detection by the sensor, controlling to rotate the first seat frame (Fukuyama [0012] chair further comprises a sensor for detecting position of the seat body that can automatically move the seat body with the driving portion, [0013]; position can return back to reference position from the sensor that detects position, [0066]; driving portion moves the seat body (1st driving unit rotating 1st seat frame), and can tilt back and forth [0011]- thereby rotating the frame).
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the user is detected within the chair because the specific positions enhance patient comfortability within the chair and because it will be easier for the user to get back into once, they depart and come back to the chair (Paul [0003]).
Regarding claim 12, modified Paul further discloses the method of claim 11.
Paul discloses the method of an apparatus further comprising:
wherein the control unit is controlling to lower the rear side of the first seat frame (Paul Figure 2; positions 32, 36, 38 have the rear side of the first seat frame lowered, this is controlled by the control unit that moves the driving units of Figure 1 above);
Paul is silent to disclose the method of controlling a massage module to perform a massage function after the positions of the chair have moved.
Fukuyama discloses the method of a massage chair wherein,
the control unit is configured to after controlling to move the seat frame to a different position, control the massage module to perform the massage function (Fukuyama [0058]; the control unit is operated by the user to perform various massaging motions and upon operating to start the massage course, the control unit can activate a driving portion to move the seat – thereby moving the seat frame, [0011]; chair has a driving portion for moving the seat body (1st driving unit), [0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function- thereby the massage function can be performed after the position movement).
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the massage because the specific positions enhance patient comfortability within the chair (Paul [0003]).
Regarding claim 13, modified Paul further discloses the method of claim 12.
Paul discloses the method of the apparatus wherein,
the control unit is controlling to rotate the first seat frame so that the rear side of the first seat frame is raised (Paul Figure 2; the 1st driving unit can be seen in positions 40 and 42 from lowered position of rear side of the seat frame and the controller controls the positions [0004]);
Paul is silent to disclose receiving a command to end the massage course and then controlling to rotate the first seat frame.
Fukuyama discloses the method of the massage chair comprising:
receiving a command to end the massage course and controlling to rotate the first seat frame (Fukuyama [0058]; the control unit is operated by the user to perform various massaging motions and upon operating to start/end the massage course, the control unit can activate a driving portion to move the seat – thereby moving the first seat frame, [0011]; chair has a driving portion for moving the seat body (1st driving unit), [0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function- thereby the massage function can be performed before/ after the position movement).
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the massage because the specific positions enhance patient comfortability within the chair (Paul [0003]).
Regarding claim 14, modified Paul further discloses the method of claim 13.
Paul discloses method of the apparatus further comprising:
the control unit controlling to rotate the second seat frame to maintain the reference angle with respect to the ground according to the rotation of the first seat frame (Paul Figure 2; where the second driving unit is in the second seat frame (Figure 1 above) and positions 32-38, the backrest maintains a reference angle with respect to the ground according to the 1st seat frame, can be seen stationary or tilted also).
Regarding claim 15, modified Paul further discloses the method of claim 14.
Paul discloses the method for the apparatus wherein,
the control unit controls the first driving unit so that the rear side of the first seat frame is lowered (Paul Figure 2; positions 32, 36, 38 have the rear side of the first seat frame lowered, this is controlled by the control unit that moves the driving units of Figure 1 above).
Paul is silent to disclose upon detecting a user has departed from the chair by a sensor, then further controlling to rotate the first seat frame.
Fukuyama discloses the method of the apparatus further comprising,
upon determining that the user has departed from the massage apparatus based on a detection by the sensor, controlling to rotate the first seat frame (Fukuyama [0078]; chair comprises a sensor that has object detection -therefore could detect a user, [0012] chair further comprises a sensor for detecting position of the seat body that can automatically move the seat body with the driving portion, [0013]; position can return back to reference position from the sensor that detects position (sensor detecting a user), [0066]; driving portion moves the seat body (1st driving unit rotating 1st seat frame), and can tilt back and forth [0011]- thereby rotating the frame and with the sensor that can detect objects with automatic driving positions and the control of whether the user wants to move and/or massage within the chair).
Fukuyama discloses the chair being able to move positions before/after/during the massage treatments ([0058]; the controller can start operation of driving portion or massager, with a choice when to start/stop either function, [0172]; the control unit permits the user to activate the massaging operation selectively with the movement of the seat portion). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to therefore include the chair of Paul to be moved any point, including before or after the user is detected within the chair because the specific positions enhance patient comfortability within the chair and because it will be easier for the user to get back into once, they depart and come back to the chair (Paul [0003]).
Regarding claim 16, modified Paul further discloses the massage apparatus of claim 1.
Paul discloses the apparatus further comprising:
a second driving unit connected to the first seat frame (Figure 1 above; where the second driving unit ‘46’ is connected to the 2nd seat frame portion that is extendable/rotatably connected to the first seat frame);
and the second seat frame to drive the second seat frame to rotate with respect to the first seat frame so that the second seat frame is raised together with the first seat frame thereby raising the seat portion and the backrest portion together (Figure 1 above where the second and first seat frame rotate with respect to each other and are can be raised or lowered by the driving units (‘44’/ ‘46’ for each piece, Paul Figure 2 where the seat portion and the backrest portion can be seen to be raised from a lowered position – (positions 40,42)).
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 position of the second driving unit since such a modification would simply involve merely moving the driving unit to be attached to the first seat frame, without changing the operation of the device, such that the second driving unit would still be actuating the second seat frame only to move to different angles/ positions, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Fukuyama (US 20110077563 A1): massage chair with a seat/ backrest portion that can be rotated about the center.
Kong (KR 20220031301 A): rotatable massage chair with seat/ backrest portion, control means and framework.
Li (CN 108703862 A): intelligent massage chair with a rotating shaft.
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THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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