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 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 1-7 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 20200390948 A1, hereinafter “Liu”) in view of Liu et al. (US 20220218561 A1, hereinafter “Po-Chang”).
Regarding Claim 1, Liu discloses: A vibrator (Paragraph 0041, and a vibration box 100 installed on the negative pressure cup 200 for providing a vibration function), comprising:
a seat member (Annotated Figure 1, vibration box back cover 120), (Paragraph 0042, The vibration box 100 has an accommodation space 110 therein for disposing a vibration motor 400. A back of the vibration box 100 is disposed with a vibration box back cover 120, so that the vibration box back cover 120 covers the back of the vibration box 100 to seal the accommodation space 110), comprising a first clip member and a second clip member clipped and fastened with each other (Annotated Figure 1, Paragraph 0049, the noise reduction cover 410 is hooded outside the vibration motor 400, and the vibration motor 400 is fixed on the vibration box 100 by the noise reduction cover 410 to securely fix a position of the vibration motor 400), and the second clip member comprising an outer surface (Annotated Figure 1),
a motor, sandwiched and fastened between the first clip member and the second clip member (Paragraph 0042, The vibration box 100 has an accommodation space 110 therein for disposing a vibration motor 400);
and a cover member (Annotated Figure 1), correspondingly covering the seat member (Paragraph 0042, A back of the vibration box 100 is disposed with a vibration box back cover 120, so that the vibration box back cover 120 covers the back of the vibration box 100 to seal the accommodation space 110),
wherein the first clip member, the second clip member and the motor are enclosed between the seat member and the cover member (Annotated Figure 1, Figure 5),
the cover member comprises an inner surface, the inner surface and the outer surface face each other, a partition space is defined between the inner surface and the outer surface (Annotated Figure 1),
and the motor and the second clip member are separated from the cover member via the partition space (Annotated Figure 1). (Paragraphs 0048-0050, is capable of completely covering the back of the vibration box 100, and the recess 310 is disposed only at a position where the panel-like waterproof rubber element 300 contacts the contact surface, so that the panel-like waterproof rubber element 300 completely covers and seals the accommodation space 110 of the vibration box 100 […] In one embodiment, the noise reduction cover 410 is hooded outside the vibration motor 400, and the vibration motor 400 is fixed on the vibration box 100 by the noise reduction cover 410 to securely fix a position of the vibration motor 400 […] The noise reduction cover 410 has a same outer shape as that of an outer casing of the vibration motor 400 to securely fix the noise reduction cover 410 outside the vibration motor 400, thereby reducing the gap and effectively preventing noise from being transmitted)
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Liu US 20200390948 A1, Annotated Figure 1
Liu depicts the limitations of Claim 1, but does not explicitly describe the details of the structure and fastening means claimed. Po-Chang more clearly discloses:
a first clip member and a second clip member clipped and fastened with each other (Annotated Figure 5, Paragraph 0024, The support member 31 has an accommodating slot 311 for accommodating the vibrator 33, and the fixed cover 333 covers the accommodating slot 311 correspondingly. The fixed cover 333 and the support member 31 together enclose the motor 331. A screwing element A is used to fix the fixed cover 333 on the support member 31)
a motor (Paragraph 0024, The vibrator 33 includes a motor 331, an eccentric member 332 coupled to a shaft of the motor 331 and a fixed cover 333), sandwiched and fastened between the first clip member and the second clip member (Paragraph 0024, The support member 31 has an accommodating slot 311 for accommodating the vibrator 33, and the fixed cover 333 covers the accommodating slot 311 correspondingly. The fixed cover 333 and the support member 31 together enclose the motor 331)
wherein the first clip member, the second clip member and the motor are enclosed between the seat member and the cover member (Annotated Figure 5, Paragraph 0019, The hollow cylinder 10 is substantially in a conical shape. The hollow cylinder 10 has a cavity 11 and a mounting port 13. The mounting port 13 is formed on one end of the hollow cylinder 10 and communicating with the cavity 11. The drive control module 30 includes a support member 31, a control assembly 32 and a vibrator 33. The control assembly 32 and the vibrator 33 are fixed to the support member 31. The end cover 40 is fixed to the support member 31. The drive control module 30 is disposed into the cavity 11 from the mounting port 13, and the end cover 40 is assembled to cover the mounting port 13), (Paragraph 0023, A plurality of fixing holes 41 are disposed on the bottom of the end cover 40. A plurality of locking holes 131 are disposed on the mounting port 13. Each fixing hole 41 is provided for a screwing element to pass and fix to each locking hole 131 in order to fix the end cover 40 to the hollow cylinder 10)
Both Po-Chang and Liu disclose an enclosed negative pressure massage device that incorporates vibrational elements. It would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized fastening structure utilizing screws as demonstrated by Po-Chang with the arrangement disclosed by Liu to provide ease in construction and assembly of the device (Paragraph 0005, It is a primary object of this disclosure to overcome the drawbacks of the prior art by providing an easy-to-assemble massage stick structure that simplifies the assembly process of each component, so as to reduce production time and maintenance time).
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Po-Chang US 20220218561 A1, Annotated Figure 5
Regarding Claim 8, Liu discloses: A negative-pressure massage cup device (Paragraph 0001, The present invention belongs to a vibration box on a negative pressure cup, and more particularly to a vibration box on a negative pressure cup that utilizes a strengthened airtight structure to achieve waterproof, anti-collision and noise reduction functions), comprising:
a negative-pressure massage cup (Paragraph 0041, a negative pressure cup 200 for providing a negative pressure health care function), comprising a fastening structure disposed on an outer surface thereof (Annotated Figure 1);
and a vibrator (Paragraph 0041, and a vibration box 100 installed on the negative pressure cup 200 for providing a vibration function), comprising:
a seat member (Annotated Figure 1, vibration box back cover 120), (Paragraph 0042, The vibration box 100 has an accommodation space 110 therein for disposing a vibration motor 400. A back of the vibration box 100 is disposed with a vibration box back cover 120, so that the vibration box back cover 120 covers the back of the vibration box 100 to seal the accommodation space 110), comprising a first clip member and a second clip member clipped and fastened with each other (Annotated Figure 1, Paragraph 0049, the noise reduction cover 410 is hooded outside the vibration motor 400, and the vibration motor 400 is fixed on the vibration box 100 by the noise reduction cover 410 to securely fix a position of the vibration motor 400), and the second clip member comprising an outer surface (Annotated Figure 1),
wherein the seat member is correspondingly fastened on the fastening structure (Annotated Figure 1);
a motor, sandwiched and fastened between the first clip member and the second clip member (Paragraph 0042, The vibration box 100 has an accommodation space 110 therein for disposing a vibration motor 400);
and a cover member (Annotated Figure 1), correspondingly covering the seat member (Paragraph 0042, A back of the vibration box 100 is disposed with a vibration box back cover 120, so that the vibration box back cover 120 covers the back of the vibration box 100 to seal the accommodation space 110),
wherein the first clip member, the second clip member and the motor are enclosed between the seat member and the cover member (Annotated Figure 1, Figure 5),
the cover member comprises an inner surface, the inner surface and the outer surface face each other, a partition space is defined between the inner surface and the outer surface (Annotated Figure 1),
and the motor and the second clip member are separated from the cover member via the partition space (Annotated Figure 1). (Paragraphs 0048-0050, is capable of completely covering the back of the vibration box 100, and the recess 310 is disposed only at a position where the panel-like waterproof rubber element 300 contacts the contact surface, so that the panel-like waterproof rubber element 300 completely covers and seals the accommodation space 110 of the vibration box 100 […] In one embodiment, the noise reduction cover 410 is hooded outside the vibration motor 400, and the vibration motor 400 is fixed on the vibration box 100 by the noise reduction cover 410 to securely fix a position of the vibration motor 400 […] The noise reduction cover 410 has a same outer shape as that of an outer casing of the vibration motor 400 to securely fix the noise reduction cover 410 outside the vibration motor 400, thereby reducing the gap and effectively preventing noise from being transmitted)
Liu depicts the limitations of Claim 8, but does not explicitly describe the details of the structure and fastening means claimed. Po-Chang more clearly discloses:
a first clip member and a second clip member clipped and fastened with each other (Annotated Figure 5, Paragraph 0024, The support member 31 has an accommodating slot 311 for accommodating the vibrator 33, and the fixed cover 333 covers the accommodating slot 311 correspondingly. The fixed cover 333 and the support member 31 together enclose the motor 331. A screwing element A is used to fix the fixed cover 333 on the support member 31)
a motor (Paragraph 0024, The vibrator 33 includes a motor 331, an eccentric member 332 coupled to a shaft of the motor 331 and a fixed cover 333), sandwiched and fastened between the first clip member and the second clip member (Paragraph 0024, The support member 31 has an accommodating slot 311 for accommodating the vibrator 33, and the fixed cover 333 covers the accommodating slot 311 correspondingly. The fixed cover 333 and the support member 31 together enclose the motor 331)
wherein the first clip member, the second clip member and the motor are enclosed between the seat member and the cover member (Annotated Figure 5, Paragraph 0019, The hollow cylinder 10 is substantially in a conical shape. The hollow cylinder 10 has a cavity 11 and a mounting port 13. The mounting port 13 is formed on one end of the hollow cylinder 10 and communicating with the cavity 11. The drive control module 30 includes a support member 31, a control assembly 32 and a vibrator 33. The control assembly 32 and the vibrator 33 are fixed to the support member 31. The end cover 40 is fixed to the support member 31. The drive control module 30 is disposed into the cavity 11 from the mounting port 13, and the end cover 40 is assembled to cover the mounting port 13), (Paragraph 0023, A plurality of fixing holes 41 are disposed on the bottom of the end cover 40. A plurality of locking holes 131 are disposed on the mounting port 13. Each fixing hole 41 is provided for a screwing element to pass and fix to each locking hole 131 in order to fix the end cover 40 to the hollow cylinder 10)
Both Po-Chang and Liu disclose an enclosed negative pressure massage device that incorporates vibrational elements. It would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized fastening structure utilizing screws as demonstrated by Po-Chang with the arrangement disclosed by Liu to provide ease in construction and assembly of the device (Paragraph 0005, It is a primary object of this disclosure to overcome the drawbacks of the prior art by providing an easy-to-assemble massage stick structure that simplifies the assembly process of each component, so as to reduce production time and maintenance time).
Regarding Claims 2 and 9, Liu in view of Po-Chang disclose all of the limitations of Claims 1 and 8, respectively. Liu further discloses: a foam is sandwiched between the motor and the second clip member (Paragraph 0052, The material for the soft cushioning of the buffer cushion 420 is mainly foam, but is not limited thereto, so as to surely exert the function of easing off the sway of the vibration motor 400).
Regarding Claims 3 and 10, Liu in view of Po-Chang disclose all of the limitations of Claims 1 and 8, respectively. Liu further discloses: wherein the vibrator further comprises a buffering component disposed in the partition space (Paragraph 0043, the present invention mainly provides a waterproof rubber element 300 which is newly applied to prevent water from penetrating into the vibration box 100, and is applied to the waterproof design required for the vibration box 100. In one embodiment, the waterproof rubber element 300 is disposed on the vibration box back cover 120 and a contact surface of the vibration box 100) to buffer between the cover member and the second clip member, (Paragraph 0048, capable of completely covering the back of the vibration box 100, and the recess 310 is disposed only at a position where the panel-like waterproof rubber element 300 contacts the contact surface, so that the panel-like waterproof rubber element 300 completely covers and seals the accommodation space 110 of the vibration box 100).
Regarding Claims 4 and 11, Liu in view of Po-Chang disclose all of the limitations of Claims 1 and 8, respectively. Po-Chang further discloses: wherein the vibrator further comprises a plurality of fixing units, the first clip member comprises a plurality of fixing holes, each of the fixing units passes through the second clip member to be correspondingly fixed in each of the fixing holes to make the second clip member be fastened on the first clip member (Annotated Figure 5, Paragraph 0024, The support member 31 has an accommodating slot 311 for accommodating the vibrator 33, and the fixed cover 333 covers the accommodating slot 311 correspondingly. The fixed cover 333 and the support member 31 together enclose the motor 331. A screwing element A is used to fix the fixed cover 333 on the support member 31).
Regarding Claims 5 and 12, Liu in view of Po-Chang disclose all of the limitations of Claims 1 and 8, respectively. wherein a first circumferential edge and a second circumferential edge are disposed at a connecting location of the seat member and the cover member (Figure 3A, Paragraph 0045, The U-shaped or inverse U-shaped recess 310 of the waterproof rubber element 300 can be sleeved on a flange 130 of the vibration box back cover 120, so that a size and a shape of the U-shaped or inverse U-shaped recess 310 of the waterproof rubber element 300 need to match with a size and a shape of the flange 130 of the vibration box back cover 120. The waterproof rubber element 300 that is sleeved on the flange 130 can be further disposed in a groove 140 provided on the vibration box 100 and the contact surface of the vibration box back cover 120, so that an outer side surface of the waterproof rubber element 300 is in close contact with the groove 140, and the recess 310 is sleeved on the flange 130 and embedded in the groove 140 to be completely sealed, thereby achieving a waterproof effect),
the first clip member, the second clip member and the motor are enclosed by the first circumferential edge (Figure 5), (Paragraphs 0049-0051, Please refer to FIG. 1, FIG. 2, FIG. 5 and FIG. 5A. In one embodiment, the noise reduction cover 410 is hooded outside the vibration motor 400, and the vibration motor 400 is fixed on the vibration box 100 by the noise reduction cover 410 to securely fix a position of the vibration motor 400. Therefore, the vibration motor 400 can be stably operated in the vibration box 100 without arbitrary sway […] The noise reduction cover 410 has a same outer shape as that of an outer casing of the vibration motor 400 to securely fix the noise reduction cover 410 outside the vibration motor 400, thereby reducing the gap and effectively preventing noise from being transmitted), the first clip member, the second clip member and the motor are enclosed by the second circumferential edge (Figure 5), (Paragraph 0053, the waterproof rubber element 300 of the present invention has a special shape that matches a size and a shape of the groove 140 of the waterproof structure of the vibration box 100, thereby achieving the technical efficacies of being relatively more secure, easier to install, not easy to displace, and not easy to fall off in installation, and not susceptible to variations in the assembly method, otherwise will reduce or lose the waterproof effect. The noise reduction cover 410 and the buffer cushion 420 further strengthen the fixing of the vibration motor 400, so that it is not easy to sway during operation, reducing the possibility of the vibration motor 400 colliding with the vibration box 100, and maintaining the durability of the product and reducing the occurrence of noise),
and the first circumferential surface and the second circumferential surface are soldered with each other
Liu in view of Po-Chang does not explicitly disclose the surfaces being soldered with each other. However, it is well-known in the art of device enclosures and fastenings to utilize different means of attachment to maintain more permanent and secure seals. It would have been obvious to one skilled in the art before the effective filing date to modify the structure of Liu in view of Po-Chang to incorporate soldering between the surfaces to improve the overall water-proofing effect (Paragraph 0045, The waterproof rubber element 300 that is sleeved on the flange 130 can be further disposed in a groove 140 provided on the vibration box 100 and the contact surface of the vibration box back cover 120, so that an outer side surface of the waterproof rubber element 300 is in close contact with the groove 140, and the recess 310 is sleeved on the flange 130 and embedded in the groove 140 to be completely sealed, thereby achieving a waterproof effect)
.
Regarding Claims 6 and 13, Liu in view of Po-Chang disclose all of the limitations of Claims 5 and 12, respectively. Po-Chang further discloses: wherein the vibrator further comprises a circuit board, the cover member and the seat member jointly form a housing, the circuit board is fixed in the housing, and the circuit board is enclosed by the first circumferential edge and the second circumferential edge (Figures 5-7, Paragraph 0024, The control assembly 32 includes a circuit board 321 and a first switching button 322 installed on the circuit board 321, and a first press button 101 is disposed on the outer periphery of the hollow cylinder 10, the first switching button 322 is disposed corresponding to the first press button 101. The first switching button 322 may be controlled to turn on or turn off the vibrator 33 through pressing the first press button 101)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the circuit board disclosed by Po-Chang with the negative pressure cup assembly disclosed by Liu, so as to provide an art-recognized means of controlling and adjusting the different electrical components of the device to accommodate different user needs, such as the speed of the motor.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20200390948 A1) in view of Po-Chang (US 20220218561 A1), further in view of Liu et al. (CN 114712201 A, hereinafter “Bai-Zhang”).
Regarding Claims 7 and 14, Liu in view of Po-Chang disclose all of the limitations of Claims 1 and 8, respectively. Po-Chang discloses: wherein a guiding direction is defined on the vibrator, and the cover member comprises a power insertion port along the guiding direction (Paragraph 0028, In FIG. 3, a connection port 24 is formed on an edge of the extension pipe 22 of the upper end cap 20 and electrically coupled to the control assembly 32. The connection port 24 of this disclosure is a conductive hole. A conductive wire (not shown in the figure) is used to connect other power supply devices (not shown in the figure) for driving the operation of the massage stick). However, the overall outer structure of Po-Chang is distinctive from Liu, despite the similarities in functionality and inner structure.
Bai-Zhang demonstrates a more analogous outer structure and explicitly discloses: wherein a guiding direction is defined on the vibrator, and the cover member comprises a power insertion port along the guiding direction (Paragraph 0063, the male-specific massage structure 1 of the present invention further includes a vibration generator 30. A socket 214 is provided on one side of the outer ring 212 of the annular body 21. The vibration generator 30 has a plug 31, which is inserted into the socket 214, thereby connecting the vibration generator 30 to the massage structure 1. Additionally, a first electrical port 32 is provided on the side of the vibration generator 30, and a knob 33 for adjusting the intensity of vibration is provided at the end of the vibration generator 30 away from the plug 31)
Both Bai-Zhang and Liu disclose a cup-shaped negative pressure massage device that incorporates vibrational elements. It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Bai-Zhang to provide a means of activating and controlling the device intensity to accommodate for different users’ needs (Paragraph 0064, Please refer to Figure 6. The present invention also provides a male-specific negative pressure massage device, which mainly includes a male-specific massage structure 1, a negative pressure device 5, and a connecting pipe 7. The negative pressure device 5 has a main unit 51, which has a negative pressure suction hole 52, a second electrical port 53, an adjustment knob, a display unit, an indicator light, and other related devices. The two ends of the connecting pipe 7 are respectively connected to the connection hole 15 and the negative pressure suction hole 52 of the cup body 10)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Wu (US 20140094722 A1) discloses hand-held electric massager
Cho (US 20090299234 A1) discloses an ultrasonic vibrating apparatus
Tiguert (US 20240000655 A1) discloses a vibrating massager with a suction device
Liu et al. (CN 206687891 U) discloses a vibrating blood circulation cup
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL Z HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S. Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MISHAL HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785