Prosecution Insights
Last updated: April 19, 2026
Application No. 18/284,860

VIBRATION DEVICE

Non-Final OA §103
Filed
Sep 28, 2023
Examiner
TRAN, ZOE T
Art Unit
3647
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Foster Electric Company Limited
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
165 granted / 294 resolved
+4.1% vs TC avg
Strong +48% interview lift
Without
With
+48.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
323
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
29.8%
-10.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 294 resolved cases

Office Action

§103
CTNF 18/284,860 CTNF 95434 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-22-07 AIA The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 14a, 38 . Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hirota, et al. (JP 2019042661), hereinafter Hirota, in view of Igarashi (JP 55134379) . Regarding claim 1, Hirota teaches of (fig. 1) a vibration device (abstract, vibrator unit 1) comprising: a vibrating body (housing 2) that applies vibration to a human body (p. 1, vibration unit that makes a human feel a vibration); and a control unit (p. 7, vibrator unit may include a control unit) that outputs a control signal to the vibrating body so as to vibrate the vibrating body according to the control signal (vibrate based on signals from an input device), the control signal being a signal that includes a waveform having a frequency band (input signals for the control unit have a frequency band), and the control signal having a peak frequency in the frequency band (there would be a peak frequency within the frequency band). Hirota does not appear to teach of the control signal having a peak frequency in the frequency band that changes with time. Igarashi teaches of (fig. 2A-B) the control signal having a peak frequency in the frequency band that changes with time (¶0001-0002, generates different frequencies over time). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hirota to incorporate the teachings of Igarashi of the control signal having a peak frequency in the frequency band that changes with time in order to provide different frequencies of vibrations to the user such that the user does not become accustomed to one sensation and the varying frequencies can provide effective physical stimulus on the user as motivated by Igarashi in para. 0001-0002. Regarding claim 2, Hirota as modified teaches of claim 1, but does not appear to teach of wherein the peak frequency of the control signal continuously changes. Igarashi teaches of wherein the peak frequency of the control signal continuously changes (fig. 2A-B, ¶0001-0002, peak frequencies continuously changing). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hirota to incorporate the teachings of Igarashi of wherein the peak frequency of the control signal continuously changes in order to provide different frequencies of vibrations to the user such that the user does not become accustomed to one sensation and the varying frequencies can provide effective physical stimulus on the user as motivated by Igarashi in para. 0001-0002. Regarding claim 3, Hirota as modified teaches of claim 2, and Igarashi further teaches of wherein the peak frequency of the control signal repeatedly changes within a predetermined range (fig. 2A-B of Igarashi, ¶0002, within the range seen in fig. 2A-B, the peak frequency repeatedly changes. The peak frequency can continue to repeatedly change in different predetermined ranges). Regarding claim 4, Hirota as modified teaches of claim 1, and vibrating body is an actuator (fig. 2, voice coil actuator 3 is part of the vibrating body 2). Regarding claim 5, Hirota as modified teaches of claim 4, and wherein the vibrating body is a voice coil type actuator, a solenoid, or a linear actuator (fig. 2, voice coil actuator 3 is part of the vibrating body 2). Regarding claim 6, Hirota as modified teaches of claim 1, and wherein the vibrating body applies vibration for massaging the human body (p. 1, vibration unit that makes a human fee a vibration; p. 7, the vibration unit can be used as a massage drive unit). Conclusion The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST. 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, Kimberly Berona can be reached at 571-272-6909. 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. /ZOE TAM TRAN/ Examiner, Art Unit 3647 Application/Control Number: 18/284,860 Page 2 Art Unit: 3647 Application/Control Number: 18/284,860 Page 3 Art Unit: 3647 Application/Control Number: 18/284,860 Page 4 Art Unit: 3647 Application/Control Number: 18/284,860 Page 5 Art Unit: 3647
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+48.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 294 resolved cases by this examiner. Grant probability derived from career allow rate.

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