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 .
Claim Objections
Claims 2, 3, 9 and 10 are objected to because of the following informalities:
In claim 2 ln 7 “the third section” should read ---a third section---
In claim 3 ln 8 “the brightness of a display” should read ---a brightness of a display---
In claim 9 ln 2 “a step of controlling a distance” should read ---the step of controlling a distance--
In claim 9 ln 3 “a second distance” should read ---the second distance---
In claim 10 ln 8 “a step of controlling a distance” should read ---the step of controlling a distance--
In claim 10 ln 9 “a second distance” should read ---the second distance---
Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Inada (KR 20010085965 A) in view of Asano (US 2005/0131273 A1). A machine translation of Inada is provided and relied upon for addressing limitations.
Regarding claim 1, Inada discloses a method of operating a massage device (#1 fig 4, pg 1 ln 4 “chair-type massager”), comprising: a step of receiving an input from a current user to execute a massage mode for managing blood pressure (pg 22 ln 20-24 disclosing a massage start switch thus disclosing a muser executing a massage start, as massages are known to relax users and relieve stress it is seen that the massage mode manages blood pressure); a step of determining the position of the current user's shoulders (pg 9 ln 16-19 “the position of the shoulders is determined from the distribution of the detected pressure”); a step of controlling a distance between a left massage ball and a right massage ball included in a massage module to a first distance (pg 9 ln 20-22 discloses adjusting the distance between left and right portions thus disclosing adjusting to a first distance at least temporarily); a step of providing a massage to the current user by using the massage module (pg 9 ln 22-27 discloses a kneading massage thus disclosing providing massage).
Inada is silent to a step of outputting a guide signal to induce the current user to breathe in a specific cycle while providing the massage to the current user.
Asano teaches a similar method of operating a massage device (abstract) including a step of outputting a guide signal to induce the current user to breathe in a specific cycle while providing the massage to the current user (par 0111-0112, par 0212).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a guide signal as taught by Asano onto the method of Inada as guiding respiration can help to relieve stress (Asano: par 0164).
Claim 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over modified Inada as applied to claim 1 above, and further in view of Akimoto (US 2018/0056029 A1).
Regarding claim 2, modified Inada discloses the method of claim 1. Asano further discloses the step of outputting the guide signal comprises the steps of: a step of outputting a human voice explaining a breathing method in a first section to train the user to breathe (par 0228); a step of outputting music in a second section without the human voice (par 0032).
Asano does not expressly disclose a step of outputting music in the third section, which is different from the music of the second section, however Asano does discloses utilizing different breathing rhythms for the respiration guidance (par 0113-0114). Therefore, it would have been obvious to one of ordinary skill in the art to utilize two different music section in order to provide the user with two different rhythms to follow or listen to.
Asano is further silent to the repetitive music of the second section being used to guide the breathing of the current user without the human voice.
Akimoto discloses a method of providing a breathing guide signal (abstract), that utilizes music to guide the breathing of the current user without the human voice (par 0041 discloses the use of a voice or music to guide respiration timing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize music that guides respiration as taught by Akimoto for the method of modified Inada as doing so allows for the music of Inada/Asano to further aid in the respiration guidance improving stress relief.
Regarding claim 3, modified Inada discloses the method of claim 2. Akimoto further discloses the step of outputting repetitive music comprises at least one of the steps of: repeatedly changing the pitch of the sound from a first pitch to a second pitch for a first duration, and from the second pitch to the first pitch for a second duration (due to the use of “at least one of” this claim is met with a latter limitation disclosed); repeatedly changing the volume of the sound from a first volume to a second volume for the first duration, and from the second volume to the first volume for the second duration (par 0047-0048); and repeatedly changing the brightness of a display from a first brightness to a second brightness for the first duration, and from the second brightness to the first brightness for the second duration (due to the use of “at least one of” this claim is met with a former limitation disclosed), wherein the first pitch is lower than the second pitch, wherein the first volume is lower than the second volume (par 0047-0048), wherein the first brightness is darker than the second brightness, and wherein the first duration is shorter than the second duration (par 0050).
Claim 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over modified Inada as applied to claim 3 above, and further in view of Iwakawa (WO 2012039368 A1)
Regarding claim 4, modified Inada discloses the method of claim 3. Modified Inada is silent to at least one of the first duration and the second duration in the second section is gradually lengthened.
Iwakawa teaches a method of operating a massage chair (see fig 2) with a guide signal for guiding respiration (abstract) wherein the guidance for inspiration and expiration is gradually lengthened (pg 4 par 5 and 6 disclosing adding a predetermined change to a control time in order to gradually induce respiration time toward the target time thus disclosing gradually lengthening duration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention as doing so allows for the user to acclimate to a slower breathing pace thus improving relaxation.
Regarding claim 5, modified Inada discloses the method of claim 4. Inada does not expressly disclose the step of providing a massage to the current user by using the massage module comprises: a step in which the massage module moves to the position of the current user's shoulders while providing a kneading massage; and a step in which the massage module alternately provides a kneading massage and a swing massage at the position of the current user's shoulders for a third duration for each. However, Inada discloses the use of kneading and swing massage (pg 9 ln 22-27 and pg 14 ln 23-25 disclosing a swing path) on the user’s shoulders and thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have kneading and alternating kneading a swing steps in order to provide variable massage to the user.
Regarding claim 6, modified Inada discloses the method of claim 5. Inada does not expressly disclose the step of providing a massage to the current user by using the massage module comprises: a step in which the massage module moves form the position of the current user's shoulders to the current user's hip area while providing a swing massage; and a step in which the massage module alternately provides a kneading massage and a swing massage at the current user's hip area for the third duration for each. However, Inada discloses the use of kneading and swing massage (pg 9 ln 22-27 and pg 14 ln 23-25 disclosing a swing path) and providing massage to the shoulders and hips (fig 8 showing movement from the neck at S1 and the hips at S2, and shaft #111 fig 23, pg 39 ln 29 – pg 40 ln 2) as well as providing massage while moving along the user’s height (pg 9 ln 20-22 disclosing maintaining pressure while moving vertically thus disclosing massaging during vertical movement). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the swing and alternating kneading and swing steps to the user’s shoulders and hips as claimed in order to provide variable massage to the user.
Regarding claim 7, modified Inada discloses the method of claim 6. Inada does not expressly disclose the step of providing a massage to the current user by using the massage module comprises: a step in which the massage module moves form the current user's hip area to the current user's waist area while providing a kneading massage; and a step in which the massage module alternately provides a kneading massage and a swing massage at the current user's waist area for the third duration for each. However, Inada discloses the use of kneading and swing massage (pg 9 ln 22-27 and pg 14 ln 23-25 disclosing a swing path) and providing massage to the waist and hips (fig 8 showing movement from the neck at S1 and the hips at S2, and shaft #111 fig 23, pg 39 ln 29 – pg 40 ln 2) as well as providing massage while moving along the user’s height (pg 9 ln 20-22 disclosing maintaining pressure while moving vertically thus disclosing massaging during vertical movement). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the swing and alternating kneading and swing steps to the user’s waist and hips as claimed in order to provide variable massage to the user.
Regarding claim 8, modified Inada discloses the method of claim 7. Inada further discloses a step of controlling a distance between the left massage ball and the right massage ball included in the massage module to a second distance (pg 9 ln 20-22 discloses adjusting the distance between left and right portions thus disclosing adjusting from a first distance to a second distance).
Inada does not expressly disclose a step in which the massage module moves form the current user's waist area to the current user's neck area while providing an acupressure massage; and a step in which the massage module alternately provides a kneading massage and a swing massage at the current user's neck area for the third duration for each. However, Inada discloses the use of acupressure massage (pg 7 ln 30, pg 72 ln 28) and kneading and swing massage (pg 9 ln 22-27 and pg 14 ln 23-25 disclosing a swing path) and providing massage to the waist and neck (fig 8 showing movement from the neck at S1 and the hips at S2, and shaft #111 fig 23, pg 39 ln 29 – pg 40 ln 2) as well as providing massage while moving along the user’s height (pg 9 ln 20-22 disclosing maintaining pressure while moving vertically thus disclosing massaging during vertical movement). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the acupressure and alternating kneading and swing steps to the user’s waist and neck as claimed in order to provide variable massage to the user.
Regarding claim 9, modified Inada discloses the method of claim 8. Inada further discloses a step of controlling a distance between the left massage ball and the right massage ball included in the massage module to a second distance (pg 9 ln 20-22 discloses adjusting the distance between left and right portions thus disclosing adjusting from a first distance to a second distance).
Inada does not expressly disclose a step in which the massage module moves form the current user's neck area to the current user's waist area while providing an acupressure massage; and a step in which the massage module alternately provides a kneading massage and a swing massage at the current user's waist area for the third duration for each. However, Inada discloses the use of acupressure massage (pg 7 ln 30, pg 72 ln 28) and kneading and swing massage (pg 9 ln 22-27 and pg 14 ln 23-25 disclosing a swing path) and providing massage to the waist and neck (fig 8 showing movement from the neck at S1 and the hips at S2, and shaft #111 fig 23, pg 39 ln 29 – pg 40 ln 2) as well as providing massage while moving along the user’s height (pg 9 ln 20-22 disclosing maintaining pressure while moving vertically thus disclosing massaging during vertical movement). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the acupressure and alternating kneading and swing steps to the user’s waist and neck as claimed in order to provide variable massage to the user.
Regarding claim 10, modified Inada discloses the method of claim 9. Inada further discloses a step of controlling a distance between the left massage ball and the right massage ball included in the massage module to a second distance (pg 9 ln 20-22 discloses adjusting the distance between left and right portions thus disclosing adjusting from a first distance to a second distance).
Inada does not expressly disclose the step of providing a massage to the current user by using the massage module comprises: a step in which the massage module moves form the current user's waist area to the current user's hip area while providing a kneading massage; a step in which the massage module provides at least one of a kneading massage, a swing massage, and a tapping massage at the current user's hip area for the third duration or more; and a step in which the massage module moves form the current user's hip area to the current user's neck area while providing an acupressure massage. However, Inada discloses the use of acupressure massage (pg 7 ln 30, pg 72 ln 28), tapping massage (pg 68 ln 17-18) and kneading and swing massage (pg 9 ln 22-27 and pg 14 ln 23-25 disclosing a swing path) and providing massage to the waist and hips (fig 8 showing movement from the neck at S1 and the hips at S2, and shaft #111 fig 23, pg 39 ln 29 – pg 40 ln 2) as well as providing massage while moving along the user’s height (pg 9 ln 20-22 disclosing maintaining pressure while moving vertically thus disclosing massaging during vertical movement). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the acupressure, tapping and alternating kneading and swing steps to the user’s waist and hip as claimed in order to provide variable massage to the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gavish US 5076281 A discloses a device for adjusting a user’s breathing rate
Massad US 20040077934 A1 discloses a device for guiding a user’s respiration
Reiner US 20080269629 A1 discloses a massage chair with controlled breathing exercises
Portales US 20160143803 A1 discloses a massage chair and a method for accompanying respiration
Makarewicz-Ely US 20160228327 A1 discloses a massage system with breathing instructions
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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, Brandy Lee can be reached at (571) 270-7410. 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.
/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
Prosecution Insights