DETAILED ACTION
This office action is in response to the claims filed 8/11/2023. Claims 1-24 are presenting pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, feature of the massage part having a structure that is formed using one or more joints for a bent structure or to which a method using a soft foam or a method using a shape memory alloy is applied alone or in a combination thereof as recited in claims 5 and 16, and the massage part having a structure to which an actuator with one or more among a tapping function, a rubbing function, and a kneading function with respect to one or more joints is applied in a form in which the massage part is formed using joints as recited in claims 6 and 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
A moving part configured to move the mobile massage device while a position of the mobile massage device is changed in claims 1 and 12, corresponding to a moving part having a main controller (111), power supply (112), communication part (113), and driving part (114), and connector (115) (para [0039]).
A massage part mechanically directly coupled to the moving part and configured to perform a massage service interlocked with the moving part and perform a massage service in claims 1 and 12, corresponding to a massage formed from one or more joints, a soft foam, or a shape memory alloy (para [0045]).
A communication part configured to transmit and receive an information signal between the mobile massage device and an external control device in claims 2 and 13.
A coupling module having a structure for connecting one massage part module and other massage part module using one or more among signal and/or electrical and/or mechanical methods in claims 17 and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 2 and 12-24 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim limitations “a communication part configured to transmit and receive an information signal between the mobile massage device and an external control device” in claims 2 and 13 and “a coupling module having a structure for connecting one massage part module and other massage part module using one or more among signal and/or electrical and/or mechanical methods” in claims 17 and 20 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No structure describing the corresponding structure for the communication part has been disclosed in the originally filed specification, and although fig 5 shows the coupling module having a structure for mechanically connecting two massage modules, the originally filed specification does not disclose the structure for connecting two massage modules using signal and/or electrical methods.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 12, line 2 recites, “two moving parts provided at both ends of the mobile massage device”. Because the two moving parts are recited as structural elements of the mobile massage device, and therefore it is unclear whether the two moving parts are part of the end of the mobile massage device or whether the two moving parts are attached to two ends of another structural element of the mobile massage device.
Regarding claim 13, line 1 recites, “wherein the moving part includes:”. Because two moving parts are previously recited, the limitation has insufficient antecedent basis because it is unclear which one of the two moving parts is being referred back to. For purposes of examination, it is considered that at least one of the two moving parts includes the recited structural elements.
Claim 14 recites the limitation "the moving part" in line 2. As discussed above, there is insufficient antecedent basis for this limitation in the claim because it is unclear which of the two moving parts is being referred back to.
Regarding claim 20, line 2 recites, “one massage part module and other massage part module”. It is unclear whether the one massage part module and other massage part module refer back to the previously recited two or more massage modules in claim 17 or to a new structural element. Furthermore “the other massage part module” has insufficient antecedent basis because “at least two” massage part modules have been previously recited and therefore can read on more than two massage modules, in which case there will be multiple other modules and it would be unclear which one is being claimed.
Claims 15-16, 18-19, and 21-24 are rejected for being either directly or indirectly depending from a rejected claim base.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 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.
Claim(s) 1, 3-7, and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nissim (2001/0014781).
Regarding claim, 1, Nissim discloses a mobile massage device comprising: a moving part (72) (moving part includes gantry (72) supported by support beam (76) and coupled to a motor and including a computer (30) for moving massage part located on trolley (60)) (para [0054]) configured to move the mobile massage device while a position of the mobile massage device is changed (moving part includes gantry (72) for adjusting a position of a massage part mounted in trolley (60) along arrow (74) by motor (not shown)) (para [0054]); and a massage part (60) (massage part includes trolley (60), massage arm (54), and massage hands (28) mounted on platform plate (46) (para [0052]) which is mechanically directly coupled to the moving part (72) (trolley portion (60) of massage part is directly mounted to gantry (72) of moving part) and configured to perform a massage service interlocked with the moving part (72) and perform a massage service at one side among front, rear, left, and right sides with respect to a moving direction of the moving part (72) (computer (30) can position and operate massage hands (28) so as to massage substantially any part of the body of person (22), wherein, through a control method of the mobile massage device, at least one massage motion among a kneading massage mode (fig 2A, para [0057]), a rubbing massage mode (caressing massage) (fig 2E, para [0060]) and a tapping massage mode for a portion of a user's body is performed (striking massage) (fig 2D, para [0059]).
Regarding claim 3, Nissim discloses the connector has a structure configured to or not to roll the massage part (60) when the moving part (72) is rotated (if motor comprising actuator for moving triller along arrow (74), massage arm (54) would not be rolled (rotated) (para [0054]) because rotation of massage arm (54) is performed by another actuator to control the vertical position and rotation attitude of massage arm (para [0054]).
Regarding claim 4, Nissim discloses the massage part has a structure (28) (massage hands) that is unfolded or bent (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions) (para [0049]).
Regarding claim 5, Nissim discloses the massage part has a structure (28) that is formed using one or more joints for a bent structure (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions) (para [0049]).
Regarding claim 6, Nissim discloses the massage part has a structure (28) to which an actuator with one or more among a tapping function, a rubbing function, and a kneading function with respect to one or more joints is applied in a form in which the massage part is formed using joints (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and as shown in figs 2A-E, can perform a tapping function (striking motions) (fig 2D, para [0059]), a rubbing function (caressing massage) (fig 2E, para [0060]), and a kneading function (kneading motion) (fig 2A, para [0057]).
Regarding claim 7, Nissim discloses the massage part has a structure whose length is adjustable depending on the user (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and 3D image data is used to control motion, positioning and orientation of robot massage hands (28) (para [0068]), and therefore the degree of bending of the articulating joints, which would affect a length of the massage part, would be adjustable depending on the 3D image data of the user) .
Regarding claim 9, Nissim discloses that in a kneading massage mode, various types of kneading massage are performed through determination in consideration of durations of operations of bending and unfolding the massage part, strength of a bending pressure when the massage part is bent, a change of a length of the massage part (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and as shown in fig 2A, thumb (32) and finger (34) of the massage hand are repeatedly moved towards and away from each other to repeatedly squeeze and release muscles in the small of the back, which would bend and unfold the massage part, provide a strength of a bending pressure when the massage part is bent to squeeze and release muscles (fig 2A, para [0057]), and a change of a length of the massage part by moving the thumb (32) and finger (34) of the massage hand are repeatedly moved towards and away from each other (fig 2A, para [0057])
Regarding claim 10, Nissim discloses that, in a rubbing massage mode, the massage part is bent in a state suitable for rubbing, and then a position of the mobile massage device moves as much as an appropriate value, or a length of the massage part is changed to perform massage (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and as shown in fig 2E, the thumb (32) and forefinger (34) is bent in a state suitable for rubbing by moving the thumb (32) and forefinger (34) towards and away from each other, and then a position of the mobile massage device moves as much as an appropriate value by moving the hands along a back of a user, or a length of the massage part is changed to perform massage by cyclically moving the thumb (32) and forefinger (34) towards and away from each other (fig 2E, para [0060]).
Regarding claim 11, Nissim discloses that, in a tapping massage mode, tapping massage is performed by changing a length of the massage part to perform a motion suitable for the tapping massage of the massage part (robot massage hands are "closed" with thumb (32) "tucked" into finger (34)) (fig 2D, para [0059]).
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 of this title, 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.
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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nissim as applied to claim 1 above, and further in view of Zhang (2017/0079871).
Regarding claim 2, Nissim discloses the moving part includes: a main controller (30) (computer) configured to provide a part to change a position of the mobile massage device in order to provide massage on the user's body and perform integrated management and control on a state, movement, a sensor, communication, multimedia, an interface of the mobile massage device in order to provide massage while moving in response to the user's request (computer (30) controls motion of robot massage hands (28) (para [0052]) and position of massage arm (54) (para [0053]) using unput from 3D image data to control motion, positioning and orientation of robot massage hands (28) (para [0068]) and user input from video screen (110) (para [0110]); a communication part (configured to transmit and receive an information signal between the mobile massage device and an external control device (computer (30) can connected to a remote IR control unit, and therefore, computer includes a communication part to connect to the IR control unit) (para [0070]); a driving part of which a part is an actuator (motor) (not shown) by which the moving part (72) for position movement of the mobile massage device is rotated and a massage operation of the massage part for massaging the user's body is performed (motor can be used to move mobile massage device along arrow (78)) (para [0054]); and a connector (connector at top of massage arm (54) along which cables (80) extend through) that allows a connection between the moving part (72) and the massage part (60) using one or more among signal and/or electrical and/or mechanical methods (connector at top of massage arm (54) allow cables (80) to have a signal and electrical connection from computer (30) and actuator box (82) of moving part (72) to massage hands (28) of massage part (para [0055]).
Nissim does not disclose the moving part includes a power supply which performs a battery and power control function of the mobile massage device.
However, Zhang teaches a robot massage apparatus including a pair of robotic massaging arms (402), wherein the device includes a power supply (battery) which performs a battery and power control function of the mobile massage device (battery provides power to electronic devices of the apparatus, such as robotic arm (402), touch screen monitor (201) and 3D scanner (302)) (para [0025])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Nissim by providing a power supply comprising a battery which performs a battery and power control function of the mobile massage device as taught by Zhang in order to provide power to the electronic components of the device without requiring that the device is plugged in (Zhang, para [0025]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nissim as applied to claim 1 above, and further in view of Vergara (2019/0053968).
Regarding claim 8, Nissim discloses the control method of the mobile massage device includes: a massage part operation of performing massage when massage preparation is appropriate (device can perform a massage part operation to perform various massages as shown in figs 2A-E) (para [0056]); moving part operation (c) of moving the mobile massage device (gantry (72) may be moved to scan person and provide initial image data of a person) (para [0067]); remote control operation of controlling the mobile massage device from outside of the mobile massage device (device can include a remote control, and data is input by using the remote control unit to indicate user preferences) (para [0070]); and an operation of determining optimal massage using one or more among operations (a) to (d) (control includes providing massage template offers various options that person can choose from to specify characteristics of the massage that the massage template defines (para [0072]), and data can be input by using a remote control to indicate user preferences (para [0070])).
Nissim does not disclose the control method includes a massage preparation operation of checking power, signals, sensors, and a device state before performing massage with the mobile massage device; and performing the massage part operation, moving part operation, and remote control operation when the massage preparation is appropriate.
However, Vergara in fig 6 teaches a wearable vibration configured to perform a control method, including a preparation operation (604) comprising a self-test of checking power, signals, and a device state (during the self-test, components are checked including the battery, electronic communications, and other checks, and sensors are used to ensure fit), and entering a treatment state (606) when the preparation operation (604) is appropriate (when no faults are present) (para [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Nissim so that the control method includes a massage preparation operation of checking power, sensors, signals, and a device state before performing massage with the mobile massage device; and performing the massage part operation, moving part operation, and remote control operation when the massage preparation is appropriate as taught by Vergara in order to allow the device to perform a self-test to check for faults before the device can enter a treatment state (Vergara, para [0043]).
Claim(s) 12, 14-20, and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nissim in view of Takamura (6,840,914).
Regarding claim 12, Nissim discloses a mobile massage device comprising: a moving part (72) (moving part includes gantry (72) supported by support beam (76) and coupled to a motor and including a computer (30) for moving massage part located on trolley (60)) (para [0054]) configured to move the mobile massage device while a position of the mobile massage device is changed (moving part includes gantry (72) for adjusting a position of a massage part mounted in trolley (60) along arrow (74) by motor (not shown)) (para [0054]); and a massage part (60) (massage part includes trolley (60), massage arm (54), and massage hands (28) mounted on platform plate (46) (para [0052]) which is mechanically directly coupled to the moving part (72) (trolley portion (60) of massage part is directly mounted to gantry (72) of moving part); wherein, through a control method of the mobile massage device, at least one massage motion among a kneading massage mode (fig 2A, para [0057]), a rubbing massage mode (caressing massage) (fig 2E, para [0060]) and a tapping massage mode for a portion of a user's body is performed (striking massage) (fig 2D, para [0059]).
Nissim does not disclose that the moving part comprises two moving parts provided at both ends of the mobile massage device and configured to move the mobile massage device while changing a position of the mobile massage device, and wherein the massage part is directly mechanically coupled to the two moving parts and performs a massage service by interlocking with the two moving parts.
However, Takamura teaches a massage device including a massage part comprising massage rollers (3) mounted on a shaft portion (5) including guide rollers (7) (col 3, ln 21-32), and two moving parts (2) (roller chains) provided at both ends of the massage part (5) and configured to move the massage device while changing a position of the massage device (col 3, ln 53-67), and wherein the massage part (5) is directly mechanically coupled to the two moving parts (2) (col 3, ln 53-55) and performs a massage service by interlocking with the two moving parts (col 3, ln 64-col 4, ln 8).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Nissim by configuring the actuator for the trolley of the massage part to include two massage parts comprising two chains provided at both ends of the mobile massage device and configured to move the mobile massage device while changing a position of the mobile massage device, and wherein the massage part is directly mechanically coupled to the two moving parts and performs a massage service by interlocking with the two moving parts as taught by Takamura in order to provide a drive mechanism for the trolley of the massage device that is compact and provides a smooth driving motion (Takamura, col 2, ln 5-10)
Regarding claim 14, Nissim discloses the connector has a structure configured to or not to roll the massage part (60) when the moving part (72) is rotated (if motor comprising actuator for moving triller along arrow (74), massage arm (54) would not be rolled (rotated) (para [0054]) because rotation of massage arm (54) is performed by another actuator to control the vertical position and rotation attitude of massage arm (para [0054]).
Regarding claim 15, Nissim discloses the massage part has a structure (28) (massage hands) that is unfolded or bent (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions) (para [0049]).
Regarding claim 16, Nissim discloses the massage part has a structure (28) that is formed using one or more joints for a bent structure (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions) (para [0049]).
Regarding claim 17, Nissim discloses the massage part has a structure in two or more massage part modules (28) (pair of massaging hands) are coupled using one or more coupling modules (46) (platform plate) (para [0052]).
Regarding claim 18, Nissim discloses the massage part has a structure (28) to which an actuator with one or more among a tapping function, a rubbing function, and a kneading function with respect to one or more joints is applied in a form in which the massage part is formed using joints (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and as shown in figs 2A-E, can perform a tapping function (striking motions) (fig 2D, para [0059]), a rubbing function (caressing massage) (fig 2E, para [0060]), and a kneading function (kneading motion) (fig 2A, para [0057]).
Regarding claim 19, Nissim discloses the massage part has a structure whose length is adjustable depending on the user (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and 3D image data is used to control motion, positioning and orientation of robot massage hands (28) (para [0068]), and therefore the degree of bending of the articulating joints, which would affect a length of the massage part, would be adjustable depending on the 3D image data of the user) .
Regarding claim 20, Nissim discloses the coupling module (46) has a structure for connecting one massage part module (28) and other massage part module (28) using one mechanical methods (using bearings (not shown)) (para [0052]).
Regarding claim 22, Nissim discloses that in a kneading massage mode, various types of kneading massage are performed through determination in consideration of durations of operations of bending and unfolding the massage part, strength of a bending pressure when the massage part is bent, a change of a length of the massage part (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and as shown in fig 2A, thumb (32) and finger (34) of the massage hand are repeatedly moved towards and away from each other to repeatedly squeeze and release muscles in the small of the back, which would bend and unfold the massage part, provide a strength of a bending pressure when the massage part is bent to squeeze and release muscles (fig 2A, para [0057]), and a change of a length of the massage part by moving the thumb (32) and finger (34) of the massage hand are repeatedly moved towards and away from each other (fig 2A, para [0057])
Regarding claim 23, Nissim discloses that, in a rubbing massage mode, the massage part is bent in a state suitable for rubbing, and then a position of the mobile massage device moves as much as an appropriate value, or a length of the massage part is changed to perform massage (as shown in fig 1B, massage hands (28) includes an articulating thumb (232) and articulated fingers (234) to perform fine massage motions (para [0049]), and as shown in fig 2E, the thumb (32) and forefinger (34) is bent in a state suitable for rubbing by moving the thumb (32) and forefinger (34) towards and away from each other, and then a position of the mobile massage device moves as much as an appropriate value by moving the hands along a back of a user, or a length of the massage part is changed to perform massage by cyclically moving the thumb (32) and forefinger (34) towards and away from each other (fig 2E, para [0060]).
Regarding claim 24, Nissim discloses that, in a tapping massage mode, tapping massage is performed by changing a length of the massage part to perform a motion suitable for the tapping massage of the massage part (robot massage hands are "closed" with thumb (32) "tucked" into finger (34)) (fig 2D, para [0059]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nissim and Takamura as applied to claim 12 above, and further in view of Zhang.
Regarding claim 13, modified Nissim discloses the moving part includes: a main controller (30) (computer) configured to provide a part to change a position of the mobile massage device in order to provide massage on the user's body and perform integrated management and control on a state, movement, a sensor, communication, multimedia, an interface of the mobile massage device in order to provide massage while moving in response to the user's request (computer (30) controls motion of robot massage hands (28) (Nissim, para [0052]) and position of massage arm (54) (Nissim, para [0053]) using unput from 3D image data to control motion, positioning and orientation of robot massage hands (28) (Nissim,para [0068]) and user input from video screen (110) (Nissim, para [0110]); a communication part (configured to transmit and receive an information signal between the mobile massage device and an external control device (computer (30) can connected to a remote IR control unit, and therefore, computer includes a communication part to connect to the IR control unit) (Nissim, para [0070]); the modified Nissim’s reference discloses a driving part (13 of Takamura) (drive motor) of which a part is an actuator by which the moving part (2 of Takamura) for position movement of the mobile massage device is rotated and a massage operation of the massage part for massaging the user's body is performed (drive motor (13 of Takamura) rotates shaft (11 of Takamura) to drive moving parts (2 of Takamura) for position movement of the massage part) (Takamura, col 3, ln 59-67); and a connector (connector at top of massage arm (54) along which cables (80) extend through) that allows a connection between the moving part (72) and the massage part (60) using one or more among signal and/or electrical and/or mechanical methods (connector at top of massage arm (54) allow cables (80) to have a signal and electrical connection from computer (30) and actuator box (82) of moving part (72) to massage hands (28) of massage part (Nissim, para [0055]).
Modified Nissim does not disclose the moving part includes a power supply which performs a battery and power control function of the mobile massage device.
However, Zhang teaches a robot massage apparatus including a pair of robotic massaging arms (402), wherein the device includes a power supply (battery) which performs a battery and power control function of the mobile massage device (battery provides power to electronic devices of the apparatus, such as robotic arm (402), touch screen monitor (201) and 3D scanner (302)) (para [0025])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Nissim by providing a power supply comprising a battery which performs a battery and power control function of the mobile massage device as taught by Zhang in order to provide power to the electronic components of the device without requiring that the device is plugged in (Zhang, para [0025]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nissim and Takamura as applied to claim 12 above, and further in view of Vergara.
Regarding claim 21, modified Nissim discloses the control method of the mobile massage device includes: a massage part operation of performing massage when massage preparation is appropriate (device can perform a massage part operation to perform various massages as shown in figs 2A-E) (para [0056]); moving part operation (c) of moving the mobile massage device (gantry (72) may be moved to scan person and provide initial image data of a person) (para [0067]); remote control operation of controlling the mobile massage device from outside of the mobile massage device (device can include a remote control, and data is input by using the remote control unit to indicate user preferences) (para [0070]); and an operation of determining optimal massage using one or more among operations (a) to (d) (control includes providing massage template offers various options that person can choose from to specify characteristics of the massage that the massage template defines (para [0072]), and data can be input by using a remote control to indicate user preferences (para [0070])).
Modified Nissim does not disclose the control method includes a massage preparation operation of checking power, signals, sensors, and a device state before performing massage with the mobile massage device; and performing the massage part operation, moving part operation, and remote control operation when the massage preparation is appropriate.
However, Vergara in fig 6 teaches a wearable vibration configured to perform a control method, including a preparation operation (604) comprising a self-test of checking power, signals, and a device state (during the self-test, components are checked including the battery, electronic communications, and other checks, and sensors are used to ensure fit), and entering a treatment state (606) when the preparation operation (604) is appropriate (when no faults are present) (para [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Nissim so that the control method includes a massage preparation operation of checking power, sensors, signals, and a device state before performing massage with the mobile massage device; and performing the massage part operation, moving part operation, and remote control operation when the massage preparation is appropriate as taught by Vergara in order to allow the device to perform a self-test to check for faults before the device can enter a treatment state (Vergara, para [0043]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Mackin (2017/0266077), Xue (2020/0069504), Liu (2011/0275968), and Wu (9,757,301) discloses massage devices including a massage part and a moving part.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785