CTNF 18/232,812 CTNF 101932 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This office action is in response to the filing of the application on 8/10/2023. Since the initial filing, no claims have been amended, added, or canceled. Thus claims 1-10 are pending in the application. Drawings The drawings filed on 8/11/2023 are objected to because: FIG 3 contains a sidebar of numbers with no clear indication of what they are specifically labeling nor what each number and subsequent numbers are referring too. Arrows or definitions required to avoid ambiguity in regards to the device. 06-22 Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections 07-29-01 AIA Claim 1 is objected to because of the following informalities: “a gravity loaded” is improper and should be corrected to --gravity acting on the vibration mechanism” as the gravity is not only inherent to the object but is a force that is applied to an object . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 1-10 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. Claim 1, the claim is unclear as to whether it is directed to a method or a device. The limitation "while the negative-pressure massage cup is free falling, the cup body is rotated by gravity..." reads as a method step despite the claim overall being directed to a device. For the purposes of examination, the claim will be interpreted as a device claim. A suggestion for correction is --wherein the cup body is configured to rotate under the action of gravity while the negative-pressure massage cup is free falling...--- Claim 5 recites the limitations as “far away” in line 24. The term “far away” in claim 5 is a relative term which renders the claim indefinite. The term “ far away ” 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. Therefore, the scope of the claim is indefinite. For the examination purposes of the claim, “far away” will be interpreted as any distance away from the cup body in which the two pieces are not touching. Claim 9 asserts that the vibration absorber is “elastically clamped” between the vibrator and the fixed inner case; line 35. The term “ elastically clamped ” in claim 9 is unclear as to what quality or qualities is required to be “elastically” clamped. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of be “elastically” clamped, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes claim 9, the term “elastically clamped” will be read as the vibration absorber is clamped between the vibrator and the fixed inner case. Any remaining claims are rejected as being dependent upon a rejected base claim. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (2020/0390948) . Regarding claim 1, Liu discloses a negative-pressure massage cup (FIG.- 1-2, negative pressure cup 200 and vibration box 100 form a “negative pressure massage cup; see [0041]) comprising: a cup body (negative pressure cup body 200) and a first installing portion on an outer surface of the cup body (See Annotated FIG 1 below ); a vibration mechanism (Fig. 1, vibration box 100; see [0041]) , comprising an outer case (outer casing of vibration box 110) and a vibrator (Fig. 1, Vibration Motor 400; see [0049]), the vibrator being disposed in the outer case ([0042] discloses vibration motor 400 in accommodation space 110) , the vibration mechanism comprising a second installing portion (inner face of vibration box back cover 120) and a third installing portion (Fig. 1, vibration box back cover 110; see [0045]) respectively disposed on two opposite sides of the outer case, and the third installing portion being disposed on the first installing portion ( See Annotated FIG 1 ); and a buffer rubber (FIG. 1, rubber element 300; see [0043]), disposed on the second installing portion (inner face of vibration box back cover 120) ; wherein while the negative-pressure massage cup is free falling, the cup body is rotated by a gravity loaded on the vibration mechanism so as to make the buffer rubber downward to absorb and reduce an impact caused by a collision to the negative-pressure massage cup; (Liu’s device is weighted on one side due to the offset placement of the vibration box which in turn would cause the cup to rotate when in free fall where in the outer case would absorb the collision. The impact from said collision would transfer through the case such that the buffer rubber would absorb some amount of impact and give the device a form of protection against damages caused by the object in free-fall). While Liu does not explicitly state that the third installing portion (vibration box back cover 110) is removable; however, one can infer from the lack of welding/sealing and through the use of groves and troughs that the box itself is removable and held together through simple means of placement and connection. Furthermore, the third installing portion ( See Annotated FIG 1) can be deemed removable by the details of the device within the specifications. Particularly paragraph [0047], the housing back cover is “interchangeably disposed” which implies not only that the cover can be changed repeatedly but implies that the cover can be “ removed ” and replaced for further functioning of the devise. Finally, per MPEP 2144.04(V)(C), having “removability” be a feature between the connection between the third installing portion and the first installing portion would be obvious. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."). In the present case, the feature of removability would be desirable for purposes of repair and replacement. PNG media_image1.png 402 601 media_image1.png Greyscale Annotated FIG. 1 Regarding claim 2, Liu discloses the negative pressure cup wherein the second installing portion is a recess comprising a connecting surface (the face of the second installing portion meets rubber), and the buffer rubber comprises an inner surface attached on the connecting surface (Arrow depicting “second installing portion of recess” is pointing specifically to the face of the vibration box back cover 120. See Annotated FIG. 1). Regarding claim 3, Liu discloses the connecting surface comprising multiple holes, and the inner surface of the buffer rubber comprises multiple bars combined and sealed with the holes. Liu discloses a connecting surface (face of 120, the second installing portion. See Annotated FIG 1 ), that comprises of multiple flanges (Fig. 3, 130) that connect and seal with the rubber element (300) through grooves (Fig. 3, 310) . The location of the recesses (i.e. whether on the second installing portion or the buffer rubber is considered an obvious, simple reversal of parts. (See MPEP 2144.04(VI)). PNG media_image2.png 772 1018 media_image2.png Greyscale Annotated FIG. 2 Regarding claim 4, Liu discloses that the cup further comprises of connecting surface is a curved surface. (The connecting surface is where the rubber element 300 meets the face of the vibration box 120. This surface is curved as depicted in FIG 1). Regarding claim 5, Liu discloses the buffer rubber (rubber element 300) comprises multiple arms extended therefrom ( “special shape that matches a size and a shape of the groove 140 of the waterproof structure of the vibration box 100 ” [0053]), the second installing portion comprises four corners, each corner is provided with a trough, the troughs are extended corresponding to the arms respectively, and the arms are disposed on the troughs respectively to cover the four corners of the outer case far away from the cup body. This limitation, in view of the reversal of parts expressed in claim 3 rejection and therefore encompasses this dependent claim. The buffer rubber (rubber element 300) intrinsically has 4 corners due to the inherent properties of its shape as well as has what can be considered “arms” using the broadest reasonable interpretation. Therefore, Liu teaches that the trough of the second installing piece 120 and the arm extending from said trough connect to the rubber element via corresponding shapes (See Annotated FIG 2.) and with the shapes intrinsic properties, proceeds to cover the 4 corners of the outer case internally. Regarding claim 6 , Liu discloses the buffer (rubber element 300) is integratedly formed with the outer case (vibration box 100) ([0018] a waterproof rubber element disposed on the vibration box back cover and a contact surface of the vibration box, the vibration box back cover and the contact surface of the vibration box being reciprocally disposed with flanges and grooves, and a surface of the waterproof rubber element being disposed with recesses with a concave cross section, and each of the recesses being sleeved to one of the flanges and embedded in the groove to be seal ed). Per MPEP 2113, the claim language of “sealed by double injection” is non limiting as the combination of the buffer rubber (rubber element 300) and outer case (vibration box 100) can be done in any manner as long as it leads to the same end result. Liu depicts the combination of a buffer rubber (rubber element 300) and the outer case (vibration box 100) through the use embedded groves, U- shaped and inverse U-shaped recess, and flanges [0045] Regarding claim 7, Liu discloses the outer case (Vibration box 100) comprises a first case (vibration box back cover 120) and a second case (case of 110) (third installing portion. See Annotated FIG 1 ), and the first case and the second case are combined and sealed. The limitation expressed “ with each other by high-frequency welding, ultrasonic welding or thermocompression welding” is subjected to MPEP 2113, as the combination of the first and second case can be done in any manner as long as it leads to the same end result. Liu depicts the combination of a first case and a second case through the use embedded groves, U- shaped and inverse U-shaped recess, and flanges [0045]. Regarding claim 8, Liu discloses the massage cup wherein the vibration mechanism further comprises a fixed inner case (noise reduction cover 410) ([0049] fig 1), the fixed inner case is disposed on the second case ( 110 ) and received in the outer case (per [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”, thus the noise reduction cover 410 is fixed to the second case 110), and the fixed inner case and the second case jointly hold and fix the vibrator. ([0049]) Regarding claim 9 , Liu discloses the negative-pressure massage cup wherein the vibration mechanism further comprises a vibration absorber (buffer cushion 420) ([0049] FIG. 1), and the vibration absorber is elastically clamped between the vibrator and the fixed inner case. ([0051] “the buffer cushion 420 is disposed between the vibration motor 400 and the noise reduction cover 410”. Due to the indefiniteness of the statement “elastically clamped” and in view of previously mentioned assumptions for readability, the buffer cushion 420 is there for elastically clamped or forced flush with the vibration motor 400; therefore, the vibration absorber is between the noise reduction cover 410 and the vibration motor 400). Regarding claim 10 , Liu discloses the buffer rubber (rubber element 300) is protruded from a surface of the outer case ( vibration box 100 ) (Examiner’s note: the vibration box 100 ( the outer case ) which includes the back cover 120 ( the second installing portion ) and the rubber element 300 . Both parts are then coupled to a surface on the back cover 120 ( the second installing portion ); therefore, the rubber element 300 protrudes from a surface of the outer case as claimed) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Po-Chang Liu et al. (11857490) teaches a negative pressure cup utilizing both a cup body, vibration mechanism, and housing compartments secured to the cup its self. However, in this iteration the vibration mechanism is secured internally to the cup. In this form there is no need to provide a rubber buffer as the vibration mechanism is in no danger of being in contact with another object in the event of a free fall collision. Chen et al. (20220339061) further teaches a hand-held low-noise shock absorbing electric massager which includes an “anti-skid shock-absorbing rubber strip” along the devices shell to protect against damage to the internal workings of the device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE B RESTAINO whose telephone number is (571)272-8697. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIELLE B RESTAINO/Examiner, Art Unit 3785 /TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/232,812 Page 2 Art Unit: 3785 Application/Control Number: 18/232,812 Page 3 Art Unit: 3785 Application/Control Number: 18/232,812 Page 4 Art Unit: 3785 Application/Control Number: 18/232,812 Page 5 Art Unit: 3785 Application/Control Number: 18/232,812 Page 6 Art Unit: 3785 Application/Control Number: 18/232,812 Page 7 Art Unit: 3785 Application/Control Number: 18/232,812 Page 8 Art Unit: 3785 Application/Control Number: 18/232,812 Page 9 Art Unit: 3785 Application/Control Number: 18/232,812 Page 10 Art Unit: 3785 Application/Control Number: 18/232,812 Page 11 Art Unit: 3785 Application/Control Number: 18/232,812 Page 12 Art Unit: 3785 Application/Control Number: 18/232,812 Page 13 Art Unit: 3785