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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
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 – 2, 4 & 6 – 9 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Sandhaus et al. (DE 202017001116 U1)
Regarding claim 1, A massage device with a variable shape for physical stimulation, comprising:
a shaft-shaped core 4, 5 & 6 (Figure 1);
a jacket 3 within which the shaft-shaped core 4, 5 & 6 is arranged at least in sections (Figure 1), and
a chamber (Note: this is considered to be the space between 3 and 4) formed between the shaft-shaped core 4, 5 & 6 and the jacket 3 (Figure 1),
characterized in that:
the chamber (Note: this is considered to be the space where 2 resides) contains a plurality of filling bodies 2 which give the jacket 1 a variable shape depending on their arrangement relative to one another and relative to the shaft-shaped core 4, 5 & 6 and relative to the jacket 3 (Page 2, Paragraph 19).
Regarding claim 2, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus discloses wherein the chamber (as claimed in claim 1) has a chamber volume which has a first chamber volume (Page 1, Paragraph 2 – 3 / Note: the second volume is considered when the device is stiffened) in a first state and a second chamber volume (Page 2, Paragraph 13 / Note: the first volume is considered to be when the jacket is not hardened) in a second state, wherein the chamber volume is variable between the first and second states and the second chamber volume is greater than the first chamber volume (Based on the broadest reasonable interpretation, it is considered that the first state of the chamber volume is when the device is stiffened and the second state of the chamber is when the device has air inside / Page 2, Paragraph 10 - 11)
Regarding claim 4, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus discloses wherein in that the jacket 3 is connected to the shaft-shaped core 4, 5 & 6 so that the plurality of filling bodies 2 is arranged captively in the chamber (as claimed in claim 1). (Figure 1, Page 2, 18 – 19)
Regarding claim 6, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus discloses wherein an emptying operation (Page 2, Paragraph 2), the chamber volume is variable from the second chamber volume to the first chamber volume (Note: the examiner considers the limitation discloses that by inflating and deflating means it varies from the second chamber volume when inflated and the first chamber volume when deflated), wherein the fluid medium is transferred out of the chamber (Page 2, Paragraph 19-20).
Regarding claim 7, Sandhaus discloses the massage device as claimed in claim 6.
Sandhaus discloses wherein in emptying operation (Page 2, Paragraph 2), the fluid medium is transferred out of the chamber (as claimed in claim 1) by the contracting jacket 3 (Page 2, Paragraph 19-20).
Regarding claim 8, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus discloses wherein the plurality of filling bodies 2 define an inner volume depending on their arrangement relative to one another and relative to the core 4,5 & 6 and relative to the jacket 3 (Page 2, Paragraph 19 / Note: the examiner considers the inner volume to be when the bodies are expanded), and
the jacket 3, in a non-expanded state, defines a jacket volume that is smaller than the inner volume (Page 2, Paragraph 19-20/ Note: the examiner considers the broadest reasonable interpretation of deflating the jacket as having a smaller inner volume of the core that is not deflated).
Regarding claim 9, Modified Gil discloses the massage device as claimed in claim 1.
Modified Gil discloses wherein the jacket 3 comprises silicone. (Page 2, Paragraph 18)
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.
Claim(s) 3 & 5 are rejected under 35 U.S.C. 103 as being unpatentable over Sandhaus et al. (DE 202017001116 U1) as applied to claim 1.
Regarding claim 3, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus does not expressly disclose wherein the plurality of filling bodies 2 in the chamber (as claimed in claim 1) is at least one of freely movable, arrangeable if the chamber volume is greater than the first chamber volume.
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date for Sandhaus to disclose wherein the plurality of filling bodies in the chamber is at least one of freely movable, arrangeable if the chamber volume is greater than the first chamber volume. the examiner considers this obvious as the jacket is inflated and the filling bodies are able to move around freely as it is filled with air providing more space for the bodies to move. (Figure 1)
Sandhaus does not expressly disclose arranged substantially fixed between the jacket 3 and the core 4, 5 & 6 if the chamber volume is equal to the first chamber volume.
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date wherein Sandhaus discloses arranged substantially fixed between the jacket and the core if the chamber volume is equal to the first chamber volume. Based on the broadest reasonable interpretation, the examiner considers it obvious for the bodies to not be able to move freely if they are stiffened as they do not have room (Page 1, Paragraph 2 – 3)
Regarding claim 5, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus does not expressly disclose wherein the jacket 3 is an expandable jacket 3.
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date for the jacket of Sandhaus to be an expandable jacket as the examiner considers based on the fact that the jacket is able to retract and get filled back with air it is considered to be expandable. (Page 1, Paragraph 2 – 3)
Claims 10 - 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sandhaus et al. (DE 202017001116 U1) as claimed in claim 1, in further view of Golan et al. (EP 3586810 A2).
Regarding claim 10, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus does not disclose further a pump for conveying the fluid medium into the chamber in pumping operation.
Golan discloses a pump for conveying the fluid medium into the chamber in pumping operation. (Paragraph 0049 – 0051)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the pump of Sandhaus to incorporate the function of the pump of Golan that allows the control of the fluid medium that is able to go inside of the jacket. This would ensure being able to fill the jacket as well as deflating it, making it possible to manipulate the shape of the jacket. (Paragraph 0049 – 0051)
Regarding claim 11, Sandhaus discloses the massage device as claimed in claim 10.
Sandhaus does not disclose further comprising:
a switchable valve (Page 2, Paragraph 12 – 13), and switchable back and forth between a fluid supply position in pumping operation and an emptying position in emptying operation (Page 2, Paragraph 12 – 13), wherein in the fluid supply position (Note: the examiner considers this to be when the air is being reintroduced to the jacket), the fluid medium conveyed by the pump (as claimed in claim 10) is transferred into the chamber (Page 2, Paragraph 13) and in the emptying position (Note: the examiner considers this to be when the air is deflated from the jacket), the fluid medium is transferred out of the chamber (Page 2, Paragraph 12)
Sandhaus does not expressly disclose the switchable valve arranged between the pump and the chamber, in particular arranged within the channel.
However, Golan discloses the switchable valve 84 arranged between the pump 83 and the chamber (Note: this is considered the space between 81 & 82), in particular arranged within the channel (Note: this is considered to be where the air passes through).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Sandhaus to have the switchable valve arranged between the pump and the chamber, in particular arranged within the channel as the valve is what control if the air is passing through the channel after the pump tries to inflate the device. It would be obvious for the valve to be between the pump and chamber in order to control the fluid that comes in and out from the channel. (Abstract)
Regarding claim 12, Sandhaus discloses the massage device as claimed in claim 10.
Sandhaus discloses further comprising:
a control unit (Page 2, Paragraph 10) for controlling the massage device
wherein the control unit is designed to switch the massage device back and forth between an idle mode and an operating mode (Page 2, Paragraph 10 / Note: the examiner considers this to be to turn the motor on and off).
Modified Sandhaus discloses the idle mode (Note: this is considered to be when the device is turned off), the vibration means is/are switched off. (Page 2, Paragraph 10)
in the operating mode (Note: this is considered when it is turned on), the control unit is designed to switch back and forth between at least one of:
pumping operation (Golan), in which the pump is switched on and the fluid medium is conveyed into the chamber. (Golan, Paragraph 0049 – 0051)
Regarding claim 13, Sandhaus discloses the massage device as claimed in claim 10.
Sandhaus discloses further comprising:
an energy source, wherein the energy source is in particular a battery which provides electrical energy for the vibration means and/or the pump and/or the switchable valve and/or the control unit (Page 2, Paragraph 10 / Page 3, Paragraph 2)
Regarding claim 16, A method for producing a massage device with a variable shape for physical stimulation, the massage device 11 comprising a shaft-shaped core 4, 5 & 6, a jacket 3 within which the shaft-shaped core 4, 5 & 6 is arranged at least in sections (Figure 1; Page 1, paragraphs 1-3).
a chamber (Note: this is considered as the space that includes the granules) formed between the shaft-shaped core 4, 5 & 6 and the jacket 3 (Figure 1),
wherein the chamber contains a plurality of filling bodies 2 which give the jacket 3 a variable shape depending on their arrangement relative to one another and relative to the shaft-shaped core 4, 5 & 6 and relative to the jacket 3. (Page 2, Paragraph 7)
the method comprising at least one of:
providing a jacket 3 and a shaft-shaped core 4, 5 & 6 (Figure 1);
filling the jacket 3 with a plurality of filling bodies 2 (Figure 1)
Claim 14 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sandhaus et al. (DE 202017001116 U1) as claimed in claim 1, in further view of Robbins et al. (US 20040064075 A1)
Regarding claim 14, Sandhaus discloses the massage device as claimed in claim 1.
Sandhaus discloses a housing 4. (Figure 1)
Sandhaus does not disclose a housing, having a handle section, for holding the massage device, wherein at least one of the shaft-shaped core or the jacket are preferably connected to at least one of the housing or the handle section
Robbins discloses a housing or a handle section, for holding the massage device. (Paragraph 0014)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Sandhaus to include a handle section for holding the massage device as it would allow the action of gripping and manipulating the massaging device. (Paragraph 0014) It would be obvious to include the housing under the core where the user is able to hold it comfortably.
Based on this modification, Sandhaus discloses wherein at least one of the shaft-shaped core 4, 5 & 6 or the jacket 3 are preferably connected to at least one of the housing or the handle section (Robbins).
Regarding claim 15, Sandhaus discloses the massage device as claimed in claim 14.
Sandhaus discloses wherein the housing 4 includes an air passage opening 7 through which a fluid medium in the form of air can flow from the surroundings of the massage device 1 in the direction of the chamber (Note: this is considered as the space that includes the granules). (Page 2, Paragraph 13 discloses the vacuum can be broken by removing or opening the check valve based on this explanation it would be understood that the air going into the chamber would be from the surroundings.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sandhaus et al. (DE 202017001116 U1) in view of Golan et al. (EP 3586810 A2).
Regarding claim 17, A method for deforming a massage device 1 with a variable shape for physical stimulation (Page 2, Paragraph 2), the massage device 1 comprising a shaft-shaped core 4, 5 & 6, a jacket 3 within which the shaft-shaped core 4, 5 & 6 is arranged at least in sections (Figure 1);
a chamber (Note: this is considered as the space that includes the granules) formed between the shaft-shaped core 4 and the jacket 3 (Figure 1),
wherein the chamber contains a plurality of filling bodies 2 which give the jacket 3 a variable shape depending on their arrangement relative to one another and relative to the shaft-shaped core 4 and relative to the jacket 3. (Page 2, Paragraph 7)
Sandhaus does not disclose the method comprising:
switching on the massage device from an idle mode into pumping operation of an operating mode in which the pump is switched on;
Golan discloses a pumping operation. (Paragraph 0049 – 0051)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the pump of Sandhaus to incorporate the function of the pump of Golan that allows the control of the fluid medium that is able to go inside of the jacket. This would ensure being able to fill the jacket as well as deflating it, making it possible to manipulate the shape of the jacket. (Paragraph 0049 – 0051)
Modified Sandhaus discloses conveying the fluid medium into a chamber between a jacket 3 and a shaft-shaped core 2 in pumping operation (Golan);
arranging and retaining the plurality of filling bodies in a desired position, location, and/or shape in the chamber (Page 1, Last paragraph);
switching the operating mode from pumping operation (Golan) to emptying operations (Page 2, Paragraph 12 – 13)
at least one of emptying the chamber in emptying operation by transferring the fluid medium out of the chamber (Page 2, Paragraph 13), and
switching off the massage device from the operating mode to the idle mode (Page 2, Paragraph 9 – 10 & 12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACIELA NATALIA LEBRON DE JESUS/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785