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 .
This action is in response to the filing on 9/7/2023. Since the initial filing, no claims have been added, amended or cancelled. Thus, claims 1-10 are pending in the application.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-3 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12527712, hereafter referred to as Kang. This is a statutory double patenting rejection.
In regards to claim 1, Kang discloses a massage device comprising: a body massage part including a main frame forming a framework of the massage device, and massaging a user's body; and an arm massage part positioned on both sides of the body massage part, each accommodating an arm of the user to massage the user's arm, wherein the main frame includes an arm fixing frame to which the arm massage part is connected, and wherein the arm massage part includes an arm moving frame capable of rotating in at least one direction based on the arm fixing frame (claim 1).
In regards to claim 2, Kang discloses further comprising: a rotation module to rotate the arm massage part in at least one direction (claim 1).
In regards to claim 3, Kang disclose wherein the rotation module comprises: a first rotation module for rotating the arm massage part vertically, and a second rotation module for rotating the arm massage part horizontally (claim 1).
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 5-7 and 9 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 5 recites the limitation "the length direction" and “the extension direction” in lines 1-2 and 2-3 respectively. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a length direction” and “an extension direction” to overcome this rejection.
Claim 6 recites the limitation "the other side" in line 3. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “an other side” to overcome this rejection.
Claim 9 recites the limitation "the position" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a position” to overcome this rejection.
Dependent claims inherit the rejection of the preceding claims.
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)(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) 1-8 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Inada (US 2019/0231634).
In regards to claim 1, Inada discloses a massage device (massage machine 1) comprising: a body massage part including a main frame forming a framework of the massage device, and massaging a user's body (backrest unit 12, Fig 1); and an arm massage part positioned on both sides of the body massage part, each accommodating an arm of the user to massage the user's arm (shoulder treatment mechanism 200), wherein the main frame includes an arm fixing frame to which the arm massage part is connected (arm 15, paragraph 56 and 57), and wherein the arm massage part includes an arm moving frame capable of rotating in at least one direction based on the arm fixing frame (treatment element 260, paragraph 59, Fig 3).
In regards to claim 2, Inada discloses the device of claim 1 and Inada further discloses further comprising: a rotation module to rotate the arm massage part in at least one direction (drive units A and B, paragraph 59).
In regards to claim 3, Inada discloses the device of claim 2 and Inada further discloses wherein the rotation module comprises: a first rotation module for rotating the arm massage part vertically (drive unit B, paragraph 77-80 and 115), and a second rotation module for rotating the arm massage part horizontally (drive unit A, paragraph 68-76 and 115).
In regards to claim 4, Inada discloses the device of claim 3 and Inada further discloses wherein the first rotation module comprises a first rotation actuator extended in a predetermined direction (second treatment motor drive unit 330, paragraph 77), and wherein the second rotation module comprises a second rotation actuator extended in a direction different from that of the first rotation actuator (first treatment motor drive unit 230, paragraph 68, Fig 3 and 4).
In regards to claim 5, Inada disclose the device of claim 4 and Inada further discloses wherein a virtual extension line extended in the length direction of the arm fixing frame and a virtual extension line extended in the extension direction of the second rotation module intersect with each other (see Annotated Fig 7).
In regards to claim 6, Inada discloses the device of claim 3 and Inada further discloses wherein the rotation module comprises a support plate which is positioned between the first rotation module and the second rotation module, and has one side connected to the first rotation module and the other side connected to the second rotation module (treatment element holder 250, paragraph 59).
In regards to claim 7, Inada discloses the device of claim 6 and Inada further discloses wherein the support plate is rotated by the second rotation module (paragraph 59).
In regards to claim 8, Inada discloses the device of claim 1 and Inada further discloses further comprising: an arm length adjustment module to adjust the length of the arm massage part (drive unit C extends inflatable bag 228 with extends length of device, paragraph 82-85).
In regards to claim 10, Inada disclose the device of claim 8 and Inada further discloses further comprising: a control unit controlling the operation of the massage device, wherein the control unit controls the arm length adjustment module to adjust the length of the arm massage part based on the rotation amount of the arm massage part (paragraph 125 and 164).
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Annotated Fig 7
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inada (US 2019/0231634) as applied above and in further view of Fujii (US 2006/0142676).
In regards to claim 9, Inada discloses the device of claim 8.
Inada does not disclose wherein the arm length adjustment module comprises an arm position sensor to recognize the position of the arm massage part.
However, while Fujii does not explicitly teach wherein the arm length adjustment module comprises an arm position sensor to recognize the position of the arm massage part, it does teach wherein an inflatable section is utilized to adjust positioning of the massage part which comprises a sensor to recognize the position of the massage part (sensor measures pressure in airbag 50 which controls position of pressing portion 47, paragraph 154).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Inada wherein the arm length adjustment module comprises an arm position sensor to recognize the position of the arm massage part as taught by Fujii as this would allow the device to maintain contact with the user at a sufficient level to provide therapy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785