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 § 102
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 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.
Claim(s) 1 and 3-9 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Luettgen et al US 2003/0009116.
Regarding claims 1 and 4-8, Luettgen discloses a massager comprising: a body having a first end (110) extending along a first axis and a second end (115) extending along a second axis, the first end adapting a massage head, the second end adapting a handle; wherein the handle extends along the second axis and comprises a bend angle (in that 1500 creates an angle when folded). The massager of Luettgen is capable of performing the functional limiations of claims 1, and 4-8.
Regarding claim 3, Luettgen further discloses the bend angle being approximately 15 degrees (Luettgen, Figure 16A).
Regarding claim 9, Luettgen further discloses the massage head being made of rubber (Luettgen, ¶0082).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luettgen et al US 2003/0009116.
Regarding claim 2, Luettgen discloses that standard massager are 12 inches in length (Luettgen, ¶0003). Luettgen teaches an extended massager (Luettgen, ¶0070) with a handle of variable length (Luettgen, ¶0118). Given a finite number of combinations it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success for the handle to be 14 inches in length as to be able for the massager to easier reach the back of the user (Luettgen, ¶0070).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2005/0137504.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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, Michener Joshua can be reached at 571.272.1467. 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.
/KRISTEN C HAYES/Primary Examiner, Art Unit 3642