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 .
Claim Objections
Claims 1 & 11 are objected to because of the following informalities:
The phrase “the vibrational pad having path” should be changed to “the vibrational pad having a path” in order to be grammatically correct.
The phrase “a vibration pad being integrated within of the vibration surface of each of the gloves” should be changed to “a vibration pad being integrated within the vibration surface of each of the gloves” in order to be grammatically correct.
Appropriate correction is required.
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, 3, 5 - 9 are rejected under 35 U.S.C. 103 as being unpatentable over Newkirk et al. (US 5768709 A), Spence et al. (US 7707654 B1), NOH et al. (KR 200415975 Y1) & Yang et al. (CN 109172327 A).
Regarding claim 1, Newkirk discloses a reversible vibration glove device configured for emitting a variety of vibration pulses where in ameliorating in massaging a user (Column 4, lines 32 – 40), the reversible vibration glove device comprising:
a glove configured for being positioned on a respective one of a pair of hands of a masseur (Column 1, lines 58 – 65), the glove having a vibration surface and a plain surface (Figure 1 discloses the areas for vibrations and the plain areas), the glove having a plurality of apertures (Column 4, lines 32 – 41), each of the gloves having an opening (Note: the examiner considers the opening to be where the wrist is), the opening having a band 70 (Column 3, lines 59 – 64);
However, it does not disclose a pair of gloves.
Regarding having a pair of gloves, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B. In this case, an additional glove would provide the same function but with both hands. It would also be obvious to have a pair of gloves so that the masseur can massage different body parts.
Modified Newkirk does not disclose a vibration pad being integrated within of the vibration surface of each of the gloves, the vibration pad having path, the path of the vibration pad being configured for emitting rapid oscillations of movement to produce a therapeutic motion.
Noh discloses a vibration pad 21 being integrated within of the vibration surface of each of the gloves 10 (Figure 4a), the vibration pad 21 having path 22 (Figure 4a), the path of the vibration pad 21 being configured for emitting rapid oscillations of movement to produce a therapeutic motion . (Page 4, Paragraph 4 / Note: Based on the broadest reasonable interpretation the path could mean the wire that is connected to the vibration pad)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to modify Newkirk to change the massage feature for the massage pad of Noh as it would work as a large pad portion for stimulation and effectively stimulates the concentrated pressure points. (Page 4, Paragraph 4)
Modified Newkirk discloses the path being positioned proximate to the plurality of apertures of each of the gloves. (Note: Based on the broadest reasonable interpretation it is considered to be found proximate to the apertures as it is found directly connected to the vibration pad).
Modified Newkirk discloses a battery (Column 2, lines 23 – 25).
However, it does not disclose the battery compartment being positioned on the band of each of the gloves, the battery compartment housing a battery, the battery being configured for providing electric power to the path of the vibration pad; and
a button being in electric communication with the battery, the button being an actuator for the vibration pad.
Yang discloses the battery compartment being positioned on the band of each of the gloves, the battery compartment housing a battery. (Page 5, Paragraph 4)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Newkirk to have the battery compartment being positioned on the band of each of the gloves and the battery compartment housing a battery as it would be convenient for inserting or extracting the human hand at the glove wrist opening. (Page 5, Paragraph 4)
Yang also discloses a button being in electric communication with the battery, the button being an actuator for the vibration pad. (Page 6, Paragraph 3)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Newkirk to include a button being in electric communication with the battery, the button being an actuator for the vibration pad as it would allow for the massage start button in order to facilitate operation. (Page 6, Paragraph 3)
Regarding claim 3, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 1.
Modified Newkirk discloses further comprising each of the apertures being configured for inserting a respective one of a plurality of fingers of the masseur. (Column 4, lines 21 – 31)
Regarding claim 5, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 3.
Modified Newkirk discloses further comprising the band 70 of the opening being configured for enwrapping a wrist of the masseur. (Column 3, lines 59 – 64)
Regarding claim 6, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 1.
Modified Newkirk disclose further comprising the path being a wire. (as claimed in claim 1)
Regarding claim 7, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 6.
Modified Newkirk does not disclose further comprising the path being positioned on a perimeter edge of the vibration pad.
However, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the path being in the perimeter edge of the massage pad, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05. Specifically as modified Newkirk already discloses the massage pad being able to provide pluses to the apertures of the finger based on the location of the pad, meaning the location of the path would be a design choice.
Regarding claim 8, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 1.
Modified Newkirk discloses further comprising the battery being in electric communication with the vibration pad 52 (Spence) (Column 2, lines 23 – 24).
Regarding claim 9, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 5.
Modified Newkirk does not disclose further comprising the button being positioned on the band of each of the gloves.
Yang discloses further comprising the button being positioned on the band of each of the gloves. (Page 6, Paragraph 3)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Newkirk to have the button being positioned on the band of each of the gloves as it would facilitate operation by being in the wrist are of the glove. (Figure 1 / Page 6, Paragraph 3)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Newkirk et al. (US 5768709 A), Spence et al. (US 7707654 B1), NOH et al. (KR 200415975 Y1) & Yang et al. (CN 109172327 A) as claimed in claim 3, in further view of Mastando et al. (US 20140088473 A1).
Regarding claim 4, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 3.
Modified Newkirk discloses the material being configured for being elastic. (Claim 5)
Modified Newkirk does not disclose further comprising each of the apertures being a plastic material.
Mastando discloses the glove made of plastic material. (Paragraph 0033)
Mastando does not expressly disclose each of the apertures being a plastic material.
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify the apertures of Newkirk to be made out of the plastic material of the gloves of Mastando as it would ensure the gloves will be soft, durable and flexible. (Paragraph 0033)
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Newkirk et al. (US 5768709 A), Spence et al. (US 7707654 B1), NOH et al. (KR 200415975 Y1) & Yang et al. (CN 109172327 A) as claimed in claim 1, in further view of Takagi et al. (JP H10317214 A).
Regarding claim 2, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 1.
Modified Newkirk does not disclose further comprising each of the gloves being a mesh material, the mesh material being configured for being supple and breathable.
Takagi discloses the gloves being a mesh material, the mesh material being configured for being supple and breathable. (Page 4, Paragraph 3 – 4)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Newkirk to have the gloves be a mesh material, the mesh material being configured for being supple and breathable as it would allow the glove to easily fit on the hand and water does not accumulate in the glove having the usability be improved. (Page 4, Paragraph 3 – 4)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Newkirk et al. (US 5768709 A), Spence et al. (US 7707654 B1), NOH et al. (KR 200415975 Y1) & Yang et al. (CN 109172327 A) as claimed in claim 1, in further view of Merino (US 20220265507 A1).
Regarding claim 10, Modified Newkirk discloses the reversible vibration glove device as claimed in claim 9.
Modified Newkirk discloses the button and the path of the vibration pad. (as claimed in claim 1)
Modified Newkirk does not disclose further comprising the button being a three-way push button configured for supplying a variety of amperage levels wherein providing a variety of pulses of vibration.
Merino discloses a button for turning the device on and off and/or cycling through different modes, frequencies and the like. (Paragraph 0078)
Merino does not expressly disclose the button being a three-way push button configured for supplying a variety of amperage levels wherein providing a variety of pulses of vibration.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the button of Newkirk to have the functions of the button of Merino for turning the device on and off and/or cycling through different modes, frequencies and the like as it would allow the user to choose different pulses or vibration patterns. (Paragraph 0078)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Newkirk et al. (US 5768709 A), Spence et al. (US 7707654 B1), NOH et al. (KR 200415975 Y1), Takagi et al. (JP H10317214 A), Merino (US 20220265507 A1).& Yang et al. (CN 109172327 A)
Regarding claim 11, A reversible vibration glove device configured for emitting a variety of vibration pulses where in ameliorating in massaging a user, the reversible vibration glove device comprising:
Newkirk discloses a glove. (Figure 1)
Newkirk does not disclose a pair of gloves.
Regarding having a pair of gloves, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B. In this case, an additional glove would provide the same function but with both hands. It would also be obvious to have a pair of gloves so that the masseur can massage different body parts.
Modified Newkirk discloses a pair of gloves configured for being positioned on a respective one of a pair of hands of a masseur (Figure 2), each of the gloves having a plurality of apertures (Column 4, lines 32 – 41 / Figure 1), each of the apertures being configured for inserting a respective one of a plurality of fingers of the masseur (Column 4, lines 32 – 41), each of the gloves having an opening (Note: the opening is considered where the user enters the hand to put on the glove / Figure 1 & 2) and the opening having a band 70 (Column 3, lines 59 – 64), the band of the opening being configured for enwrapping a wrist of the masseur (Column 3, lines 59 – 64)
Modified Newkirk discloses the material being configured for being elastic. (Claim 5)
Modified Newkirk does not disclose further comprising each of the apertures being a plastic material.
Mastando discloses the glove made of plastic material. (Paragraph 0033)
Mastando does not expressly disclose each of the apertures being a plastic material.
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify the apertures of Newkirk to be made out of the plastic material of the gloves of Mastando as it would ensure the gloves will be soft, durable and flexible. (Paragraph 0033)
Modified Newkirk discloses each of the gloves having a vibration surface and a plain surface (Figure 5 & 6)
Modified Newkirk does not disclose each of the gloves being a mesh material, the mesh material being configured for being supple and breathable.
Takagi discloses the gloves being a mesh material, the mesh material being configured for being supple and breathable. (Page 4, Paragraph 3 – 4)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Newkirk to have the gloves be a mesh material, the mesh material being configured for being supple and breathable as it would allow the glove to easily fit on the hand and water does not accumulate in the glove having the usability be improved. (Page 4, Paragraph 3 – 4)
a vibration pad being integrated within of the vibration surface of each of the gloves, the vibration pad having path, the path being a wire, the path of the vibration pad being configured for emitting rapid oscillations of movement to produce a therapeutic motion, the path being positioned on a perimeter edge of the vibration pad, the path being positioned proximate to the plurality of apertures of each of the gloves;
a battery compartment being positioned on the band of each of the gloves, the battery compartment housing a battery, the battery being in electric communication with the vibration pad, the battery being configured for providing electric power to the path of the vibration pad; and
a button being in electric communication with the battery, the button being positioned on the band of each of the gloves, the button being an actuator for the vibration pad, the button being a three-way push button configured for supplying a variety of amperage levels wherein providing a variety of pulses of vibration to the path of the vibration pad.
Noh discloses a vibration pad 21 being integrated within of the vibration surface of each of the gloves 10 (Figure 4a), the vibration pad 21 having path 22 (Figure 4a), the path of the vibration pad 21 being configured for emitting rapid oscillations of movement to produce a therapeutic motion . (Page 4, Paragraph 4 / Note: Based on the broadest reasonable interpretation the path could mean the wire that is connected to the vibration pad)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to modify Newkirk to change the massage feature for the massage pad of Noh as it would work as a large pad portion for stimulation and effectively stimulates the concentrated pressure points. (Page 4, Paragraph 4)
Modified Newkirk does not disclose further comprising the path being positioned on a perimeter edge of the vibration pad.
However, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the path being in the perimeter edge of the massage pad, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05. Specifically as modified Newkirk already discloses the massage pad being able to provide pluses to the apertures of the finger based on the location of the pad, meaning the location of the path would be a design choice.
Modified Newkirk discloses the path being positioned proximate to the plurality of apertures of each of the gloves. (Note: the modification discloses the massage pad to be located in the upper palm region meaning it would be obvious that the path is proximate to the plurality of apertures).
Modified Newkirk discloses a battery (Column 2, lines 23 – 25).
However, it does not disclose the battery compartment being positioned on the band of each of the gloves, the battery compartment housing a battery, the battery being configured for providing electric power to the path of the vibration pad;
a button being in electric communication with the battery, the button being an actuator for the vibration pad.
Yang discloses the battery compartment being positioned on the band of each of the gloves, the battery compartment housing a battery. (Page 5, Paragraph 4)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Newkirk to have the battery compartment being positioned on the band of each of the gloves and the battery compartment housing a battery as it would be convenient for inserting or extracting the human hand at the glove wrist opening. (Page 5, Paragraph 4)
Yang also discloses a button being in electric communication with the battery, the button being an actuator for the vibration pad. (Page 6, Paragraph 3)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Newkirk to include a button being in electric communication with the battery, the button being an actuator for the vibration pad as it would allow for the massage start button in order to facilitate operation. (Page 6, Paragraph 3)
Merino discloses pushing the button a plurality of times to engage a variety of pulses of vibration. (Paragraph 0078)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the button of Newkirk to have the functions of the button of Merino for pushing the button a plurality of times to engage a variety of pulses of vibration as it would allow the user to choose different pulses or vibration patterns. (Paragraph 0078)
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Newkirk et al. (US 5768709 A), Merino (US 20220265507 A1) & Yang et al. (CN 109172327 A)
Regarding claim 12, A method for ameliorating a massage using a reversible vibration glove device, the method comprising a step of:
inserting a pair of hands of a masseur through respective one of an opening of a glove (Figure 2 & 4, Column 4, lines 32 – 41);
nesting a plurality of fingers of each of the hands through a respective one of a plurality of apertures of each of the gloves (Column 4, lines 32 – 41);
and massaging a user using the plurality of fingers of each of the hands with each of the gloves providing vibration (Column 4, lines 21 – 31).
However, it does not disclose a pair of gloves.
Regarding having a pair of gloves, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B. In this case, an additional glove would provide the same function but with both hands. It would also be obvious to have a pair of gloves so that the masseur can massage different body parts.
Newkirk does not disclose pushing a button to actuate a vibration pad of each of the gloves and pushing the button a plurality of times to engage a variety of pulses of vibration.
Yang also discloses a button being in electric communication with the battery, the button being an actuator for the vibration pad. (Page 6, Paragraph 3)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Newkirk to include a button being in electric communication with the battery, the button being an actuator for the vibration pad as it would allow for the massage start button in order to facilitate operation. (Page 6, Paragraph 3)
Merino discloses pushing the button a plurality of times to engage a variety of pulses of vibration. (Paragraph 0078)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the button of Newkirk to have the functions of the button of Merino for pushing the button a plurality of times to engage a variety of pulses of vibration as it would allow the user to choose different pulses or vibration patterns. (Paragraph 0078)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785