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 6/24/2026. Since the previous filing, claims 1-10 have been cancelled, claims 11-30 have been added and no claim have been amended. Thus, claims 11-30 are pending in the application.
In regards to the previous Double Patenting Rejection, Applicant has amended to overcome this rejection and it is therefore withdrawn.
In regards to the previous 112 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn with new rejections entered below.
In regards to the previous 102 and 103 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn with new rejections entered below.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 28 and 29 are rejected under 35 U.S.C. 101 because Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 28 and 29 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 28 recites the limitation of “wherein the arm massage part rotates about the second rotation axis positioned rearward of an elbow of the user accommodated in the accommodation space, so as to stretch the arm of the user” inline 1-3. Examiner suggests changing to “wherein the arm massage part rotates about the second rotation axis configured to be positioned rearward of an elbow of the user accommodated in the accommodation space, and is configured to stretch the arm of the user” to overcome this rejection.
Claim 29 recites the limitation of “a sensor that detects at least a portion of a body of the user” in line 2. Examiner suggests changing to “a sensor that is configured to detect at least a portion of a body of the user” to overcome this rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-16 and 22-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 13 recites the limitation of “wherein, as the rotating part rotates about the second rotation axis by the driving force of the rotation module, a relative position between the first rotation axis and the second rotation axis is changed” in line 1-3 and claim 22 recites the limitation of “a relative position between the first rotation axis and the second rotation axis is changed” in line 3-4. The instant specification fails to provide support for movement of the first and second rotation axes. Movement occurs around the axes, but there is no description nor support from the drawings to show that the axes themselves move.
Claims 14-16 further describe motions of the first and second axes which are unsupported by the instant specification and the drawings and are rejected for similar reasons as described with respect to claims 13 and 22.
Claim 23 recites the limitation of “wherein at least a portion of the rotation module is disposed below the second rotation axis” in line 1-2. The specification does not appear to support this limitation as the instant Fig. 8 shows second rotation axis (AR2) as being vertical, and the limitation of a component being “below” this axis cannot therefore be supported.
Dependent claims inherit the rejection of their predecessors.
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) 11-16, 20-28 and 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Inada (US 2019/0231634).
In regards to claim 11, Inada discloses a massage device (massage machine 1) comprising: a main frame forming a framework of the massage device (backrest unit 12, Fig 1); an arm massage part disposed at a side of the main frame and including an accommodation space for accommodating an arm of a user (treatment element 260, Fig 1 shows element attached to a chair with space for accommodating an arm of a user); a rotation module providing a driving force for rotating the arm massage part (drive units A and B); and a rotating part configured to rotate in accordance with the driving force and to transmit the driving force from the rotation module to the arm massage part, thereby rotating the arm massage part (treatment element holder 250, paragraph 59).
In regards to claim 12, Inada discloses the device of claim 11 and Inada further discloses wherein the rotating part is disposed between the arm massage part and the rotation module, is rotatably connected to the rotation module about a first rotation axis (drive unit A, paragraph 68-76 and 115), and rotates about a second rotation axis upon receiving the driving force of the rotation module, so as to rotate the arm massage part about the second rotation axis (drive unit B, paragraph 77-80 and 115).
In regards to claim 13, Inada discloses the device of claim 12 and Inada further discloses wherein, as the rotating part rotates about the second rotation axis by the driving force of the rotation module, a relative position between the first rotation axis and the second rotation axis is changed (rotating part 250 tilts when actuated, Fig 12 and 13, when titled the relative positions of the first and second axes, see Annotated Fig 71, would change).
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Annotated Fig 71
In regards to claim 14, Inada discloses the device of claim 13 and Inada further discloses wherein, as the rotating part rotates about the second rotation axis, the first rotation axis moves clockwise or counterclockwise with respect to the second rotation axis (Fig 12 and 13, Annotated Fig 71).
In regards to claim 15, Inada discloses the device of claim 13 and Inada further discloses wherein the arm massage part rotates such that a front end portion of the arm massage part ascends as the first rotation axis moves clockwise or counterclockwise, and rotates such that the front end portion of the arm massage part descends as the first rotation axis moves counterclockwise or clockwise (Fig 12 and 13).
In regards to claim 16, Inada discloses the device of claim 13 and Inada further discloses wherein the first rotation axis is configured to move along a curved trajectory (Fig 12 and 13).
In regards to claim 20, Inada discloses the device of claim 12 and Inada further discloses wherein the rotation module includes an actuator configured to expand and contract, and the rotating part rotates about the second rotation axis upon receiving the driving force caused by an expansion and a contraction of the actuator (drive unit C inflatable bag 228, paragraph 82-85).
In regards to claim 21, Inada discloses the device of claim 20 and Inada further discloses further comprising: a frame part disposed at a side of the main frame, at least one of the arm massage part and the rotation module being disposed on the frame part, wherein one end of the actuator is connected to the frame part (support plate 276a connected up through connection shaft 280 to base 210 onto which drive unit C is mounted, paragraph 90 and 95-96, Fig 2 and 3).
In regards to claim 22, Inada discloses the device of claim 21 and Inada further discloses wherein the rotating part is rotatably connected to the other end of the actuator via the first rotation axis, and, as the rotating part rotates about the second rotation axis by the expansion and the contraction of the actuator, a relative position between the first rotation axis and the second rotation axis is changed (support plate 276a connected up through connection shaft 280 to base 210 onto which drive unit C is mounted, paragraph 90 and 95-96, Fig 2 and 3, relative positions would change throughout movement).
In regards to claim 23, Inada discloses the device of claim 12 and Inada further discloses wherein at least a portion of the rotation module is disposed below the second rotation axis (see Annotated Fig 71), and the rotation module is connected to the rotating part via the first rotation axis and provides the driving force to the rotating part, thereby rotating the rotating part (drive unit A drives rotating part and moves around axis).
In regards to claim 24, Inada discloses the device of claim 12 and Inada further discloses wherein the driving force includes at least one of a first driving force for rotating the arm massage part in a first direction about the second rotation axis, and a second driving force for rotating the arm massage part in a second direction different from the first direction about the second rotation axis (drive units A and B, paragraph 59, different movements shown in Fig 12 and 13).
In regards to claim 25, Inada discloses the device of claim 12 and Inada further discloses further comprising: a stopper positioned on a rotation path of the rotating part and configured to limit rotation of the rotating part (connection shaft 280 allows movement with a predetermined range, paragraph 95).
In regards to claim 26, Inada discloses the device of claim 25 and Inada further discloses further comprising: a frame part disposed at a side of the main frame, at least one of the arm massage part and the rotation module being disposed on the frame part, wherein the stopper is disposed on the frame part (connection shaft 280 connects to 231a, paragraph 95, Fig 3).
In regards to claim 27, Inada discloses the device of claim 12 and Inada further discloses wherein the second rotation axis is disposed rearward of the accommodation space (see Annotated Fig 71).
In regards to claim 28, Inada discloses the device of claim 12 and Inada further discloses wherein the arm massage part rotates about the second rotation axis positioned rearward of an elbow of the user accommodated in the accommodation space (see Annotated Fig 1 and Annotated Fig 71), so as to stretch the arm of the user (device treatment relaxes muscles of user, paragraph 123-124).
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Annotated Fig 1
In regards to claim 30, Inada discloses the device of claim 12 and Inada further discloses wherein the arm massage part includes an arm massage part housing in which the accommodation space is formed, and the arm massage part housing is configured to be movable in a longitudinal direction of the arm massage part (support plate 276a houses treatment element main body 276, Fig 3, and moves with it, Fig 12 and 13).
Claim(s) 11-12 and 17-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Inada (US 2019/0231634).
In regards to claim 11, Inada discloses a massage device (massage machine 1) comprising: a main frame forming a framework of the massage device (backrest unit 12, Fig 1); an arm massage part disposed at a side of the main frame and including an accommodation space for accommodating an arm of a user (treatment element 260, Fig 1 shows element attached to a chair with space for accommodating an arm of a user); a rotation module providing a driving force for rotating the arm massage part (drive units A and B); and a rotating part configured to rotate in accordance with the driving force and to transmit the driving force from the rotation module to the arm massage part, thereby rotating the arm massage part (cam 240, paragraph 60).
In regards to claim 12, Inada discloses the device of claim 11 and Inada further discloses wherein the rotating part is disposed between the arm massage part and the rotation module, is rotatably connected to the rotation module about a first rotation axis (drive unit A, paragraph 68-76 and 115), and rotates about a second rotation axis upon receiving the driving force of the rotation module, so as to rotate the arm massage part about the second rotation axis (drive unit B, paragraph 77-80 and 115).
In regards to claim 17, Inada discloses the device of claim 12 and Inada further discloses further comprising: a frame part disposed at a side of the main frame, at least one of the arm massage part and the rotation module being disposed on the frame part (cover 257 and second member 254, see Annotated Fig 72).
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Annotated Fig 72
In regards to claim 18, Inada discloses the device of claim 17 and Inada further discloses wherein the rotating part is disposed between the frame part and the rotation module, and rotates with respect to the frame part about the second rotation axis (see Annotated Fig 72).
In regards to claim 19, Inada discloses the device of claim 18 and Inada further discloses wherein the second rotation axis is a rotation center of the rotating part corresponding to a connection portion between the rotating part and the frame part (see Annotated Fig 72).
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) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inada (US 2019/0231634) in view of Fuji (US 2006/0142676).
In regards to claim 29, Inada discloses the device of claim 11.
Inada does not disclose further comprising: a sensor that detects at least a portion of a body of the user during rotation of the arm massage part and outputs a signal for stopping the rotation of the arm massage part.
However, while Fujii does not explicitly teach further comprising: a sensor that detects at least a portion of a body of the user during rotation of the arm massage part and outputs a signal for stopping the rotation 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 and stop/maintain it at that position (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 to further comprise a sensor that detects at least a portion of a body of the user during rotation of the arm massage part and outputs a signal for stopping the rotation of the arm massage part as taught by Fuji as this would allow the device of position itself such that it would provide the most effective treatment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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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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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/ Primary Examiner, Art Unit 3785
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