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 .
Drawings
The drawings are objected to because Claim 4 and the specification reference a “mounting table” but the term “mounting sleeve”, reference number “144” is used in the “Brief Description Of The Drawings” section but nowhere else. 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
Claim 4 objected to because of the following informalities:
At line 6 recites “one side of the guide plate facing the motor and the mounting table are provided” but should read -- one side of the guide plate facing the motor and the mounting table is provided--.
At line 8, --body-- should be inserted following “sleeve”.
Appropriate correction is required.
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.
Claims 1-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a third opening" in line 10. Claim 1 does not recite a first or second opening, so it is unclear how the first and second openings apply to claim 1 to arrive at a third opening.
Claim 1 recites the limitation “a circular shaped hole is formed on the elastic ring” in lines 11-12. It is unclear if the circular shaped hole is referencing the center hole of the ring or a different hole. As a ring inherently has a center hole, in order to make it a ring, the circular shaped hole is redundant if it is referencing the center hole. The lack of clarity as far as what the hole is referencing renders the claim indefinite.
Claim 1 recites limitations “the first accommodating chamber” and “the second accommodating chamber” in lines 27-28. There is insufficient antecedent basis for these limitations in the claim. Previously recitation was first and second accommodating cavity.
Claims 2-7 inherit the same deficiencies.
Claim 2 recites the limitation "the reciprocating screw rod" in lines 7 and 9. There is insufficient antecedent basis for this limitation in the claim.
Claims 3 and 4 inherit the same deficiency.
Claim 4 recites the limitation "the two recesses" in line 8. It is unclear where the second recess comes from. Lines 5-6 recite “one side of the guide plate facing the motor and the mounting table are provided with a recess” but the limitation is written as though “and the mounting table” is provided with the motor to give direction to the side of the guide plate. It could also be interpreted as the mounting table is provided with a recess along with the guide plate, but then the claim should read “are provided with recesses”. The lack of clarity renders the claim indefinite. Any amendment would require correction to line 7 which reads “and the recess is arranged to extend radially” but if lines 5-6 are directed to two recesses, line 7 should be amended in a similar manner.
Claim 4 recites the limitation “a circular hole”. Claim 2 recites a “a circular hole”. It is unclear if the circular hole that is formed in claim 4 is the same circular hole that is provided in the positioning channel. If they are different holes, then the hole that is provided in the positioning channel must be shown in the drawings.
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) 1-3 and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luo (US20240099930A1).
Regarding claim 1, Luo discloses A telescopic rotating negative pressure massager (Abstract), comprising a holding portion (Figure 1, “12”) and a massaging portion (Figure 1, “12”); wherein the holding portion comprises a first housing (Figure 2), a telescopic rotating device (Abstract, Figure 2), a suction pump (Figure 2 “16”) and a solenoid valve (Figure 2 “17”), the first housing comprises a first accommodating cavity and a first connecting portion (Figure 2), the first connecting portion is arranged close to the massaging portion (Figure 2), and the telescopic rotating device, the suction pump and the solenoid valve are all located in the first accommodating cavity (Figure 2); the massaging portion comprises a second housing (Figure 2), a connecting cylinder (Figure 2, “112”) and an elastic cylinder (Figure 2, “113”), the second housing comprises a second accommodating cavity (Figure 2), a second connecting portion and a third opening (Figure 2), the third opening is arranged in communication with the second accommodating cavity (Figure 2), an elastic ring is mounted in the third opening (Figure 2, “10”), a circular shaped hole is formed on the elastic ring (Figure 2), the elastic ring is arranged coaxially with the elastic cylinder (Figure 2), so that a central axis of a massaging cavity is arranged corresponding to a central axis of the circular shaped hole (Figure 2), the second connecting portion is arranged close to the first connecting portion (Figure 2), the connecting cylinder and the elastic cylinder are both located in the second accommodating cavity (Figure 2), the connecting cylinder comprises a positioning cavity (Figure 2) and a third connecting portion (Figure 9), the elastic cylinder is placed in and arranged in tight fit with the positioning cavity to be fixed to each other (Figure 2), the elastic cylinder comprises the massaging cavity and an insertion port (Figure 2), the insertion port is arranged in communication with the massaging cavity (Figure 2), a plurality of elastic protrusions are formed on an inner wall of the massaging cavity (Figure 2), a communicating port is provided on the connecting cylinder (Figure 2), and the communicating port is arranged in communication with the positioning cavity and the second accommodating cavity respectively (Figure 2); and the first connecting portion and the second connecting portion are connected with each other to form a separating portion (Figure 12), and connect the first housing with the second housing (Figure 12), the separating portion separates the first accommodating chamber and the second accommodating chamber from each other (Figure 12), a moving member passes through the first connecting portion and the second connecting portion and is then connected with the third connecting portion (Figure 2), a suction hole and a gas input hole are provided on the separating portion in a penetrating manner (Figure 2, “181” and “182”), a suction port of the suction pump is connected with and in communication with the suction hole through a first pipe (Figure 2, Paragraph [0040]), and an input port of the solenoid valve is connected with and in communication with the gas input hole through a second pipe (Figure 2, Paragraph [0040]).
Regarding claim 2, Luo discloses the telescopic rotating device comprises a motor (Figures 14-17, “157”), a reciprocating screw and the moving member (Figures 14-17), a positioning cylinder is fixed to an end face of the motor having a rotating shaft (Figures 14-17), the positioning cylinder comprises a positioning channel (Figures 14-17), the positioning channel is arranged along a length direction of the positioning cylinder (Figures 14-17), the rotating shaft of the motor is located at a central position in the positioning channel (Figures 14-17), the reciprocating screw is located in the positioning channel and connects a driving end of the reciprocating screw rod with the rotating shaft of the motor (Figures 14-17), an inner wall of the positioning channel is provided with a circular hole (Figures 14-17), an outer peripheral wall of the reciprocating screw rod is recessed inwards to form two spiral grooves (Figures 14-17), the two spiral grooves have opposite directions of rotation and cross each other so as to be arranged in communication with each other (Figures 14-17), an arc-shaped member is provided in the positioning channel (Figures 14-17, Paragraph [0032]), and the arc-shaped member is placed in the spiral grooves (Figures 14-17); and an arc-shaped inner concave surface of the arc-shaped member is in contact with inner walls of the spiral grooves arranged along a length direction of the reciprocating screw (Figures 14-17), a circular shaft is formed in the middle of an arc-shaped outer convex surface of the arc-shaped member (Figures 14-17), the circular shaft is inserted into the circular hole, and the moving member is mounted on a connecting end of the reciprocating screw (Figures 14-17).
Regarding claim 3, Luo discloses the telescopic rotating device further comprises a guide rod (Figures 14-17), the positioning cylinder further comprises a guide end (Figures 14-17), cross sections of the positioning channel and the reciprocating screw are both arranged in a circular shape (Figures 14-17), and a circumferential outer wall of the reciprocating screw is adhered to and in clearance fit with a circumferential inner wall of the positioning channel (Figures 14-17); the guide rod is arranged along the length direction of the positioning cylinder, and the guide rod is fixed to the moving member (Figures 14-17); and the guide end is provided with a guide through hole, and the guide rod runs through the guide through hole (Figures 14-17).
Regarding claim 5, Luo discloses a connecting member is connected to the moving member (Figures 9 and 13), the connecting member comprises a connecting plate (Figures 9 and 13), and a first positioning body and a second positioning body arranged around the connecting plate (Figures 9 and 13), the first positioning body and the second positioning body are connected to the connecting plate (Figures 9 and 13), and the first positioning body and the second positioning body are arranged at intervals; the third connecting portion comprises a connecting ring body (Figures 9 and 13), the connecting ring body is sleeved on the connecting member (Figures 9 and 13); an outer wall of the first positioning body and an inner wall of the connecting ring body are respectively provided with a snap and a snap-in groove; an outer wall of the second positioning body and the inner wall of the connecting ring body are respectively provided with a positioning groove and a positioning block (Figures 9 and 13); and the snap is snap-connected in the snap-in groove (Figures 9 and 13); and the positioning block is embedded into the positioning groove (Figures 9 and 13).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo (US20240099930A1) as applied to claim 1 above, and further in view of Li (US20230114593A1).
Regarding claim 6, Luo discloses the first connecting portion is a connecting sleeve (Figures 2 and 12), the first housing further comprises a first opening (Figures 2 and 12), the first opening is in communication with the first accommodating cavity (Figures 2 and 12), and an outer wall of the connecting sleeve is snap-connected with an inner wall of the first opening (Figures 2 and 12, Paragraph [0031] “buckle”); and a mounting channel is provided on the connecting sleeve (Figures 2 and 12), the mounting channel is arranged in a penetrating manner along a length direction of the first housing (Figures 2 and 12), and the telescopic rotating device is mounted in the mounting channel (Figures 2 and 12).
Luo fails to disclose that the connecting sleeve is threaded into the first opening. Li discloses a sexual massage apparatus that produces a telescopic, rotary motion (Abstract), wherein the outer cover is connected to the connecting sleeve by a threaded connection (Paragraph [0042]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the massager as taught by Luo, with a threaded connection between the connecting sleeve and the first housing as taught by Li, since such a modification would provide the predictable results of a reversible connection for cleaning and maintenance.
Regarding claim 7, Luo, as modified in claim 6, discloses the second connecting portion is a second opening (Figure 2), the second opening is in communication with the second accommodating cavity (Figure 2), the connecting sleeve is further connected into the second opening (Figure 2, Paragraph [0031]).
Modified Luo does not disclose the connecting sleeve is further threaded into the second opening and the outer wall of the connecting sleeve and an inner wall of the second opening are snap-connected to each other. As disclosed in claim 6, Luo teaches the first housing is connected to the first connecting portion via a snap connection (Figures 2 and 12, Paragraph [0031] “buckle”). Luo is further modified by Li to teach the first housing is connected to the first connecting portion via a thread connection also. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the massager as taught by modified Luo, with the connecting sleeve being threaded into the second opening and the outer wall of the connecting sleeve and an inner wall of the second opening being snap-connected to each other as taught by modified Luo, since such a modification would provide the predictable results of a reversible connection for cleaning and maintenance.
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 4 is dependent on claims 1-3. Examiner is interpreting the “circular hole” of claim 4 is the same circular hole of claim 2 that circular shaft of the arc-shaped member is inserted into. Previously cited Luo (US20240099930A1) discloses the limitations of claims 1-3, but does not disclose the positioning cylinder comprises a first sleeve body, a second sleeve body and a guide plate, the first sleeve body is socketed onto the second sleeve body in order to be fixed to each other, an end face of the second sleeve body facing the moving member is provided with a mounting table, one side of the guide plate facing the motor and the mounting table are provided with a recess with a semi-circular cross section, and the recess is arranged to extend radially; after the guide plate is fixed to the end face of the second sleeve facing the moving member, the two recesses are symmetrically assembled with each other to form a circular hole.
Luo does not disclose the positioning cylinder comprises a plurality of sleeves, nor that the guide plate and positioning cylinder form the hole that the arc-shaped member is inserted into. Luo discloses the shaft body of the arc guide member is rotatably mounted in a hole on an inner wall of the guide channel. No other prior art teaches the limitations of claims 1-3, so the prior art either singly or in combination fail to teach the limitations of claims 1-4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shao (US12539250B1) discloses a massager with rotational and suction mechanisms. Chen (US20250241819A1) and Huang (US11752063B1) disclose a massagers with one massage portion that rotates and a second massage portion that is telescopic. Tang (US20210186798A1) discloses a massager with reciprocal and rotational motion. Yao (CN210931531U) discloses a rotary telescopic massage machine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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, Charles A Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791
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