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 4/7/2023. Since the initial filing, no claims have been added, amended or cancelled. Thus, claims 1-15 are pending in the application.
Claim Objections
Claims 1, 6, 9 and 13 objected to because of the following informalities:
Claim 1:
The term “with an utmost comfort” is somewhat unclear as to the exact metes and bounds as it is a highly subjective description
Claim 6:
Insert “wherein said device” after preamble
Claim 9:
The term “with an utmost comfort” is somewhat unclear as to the exact metes and bounds as it is a highly subjective description
Claim 13:
The term “second loop-style handles” has no preceding “first” within its line of dependency
Appropriate correction is required.
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) 1-9, 11, 12 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brodsky (US 2013/0085426).
In regards to claim 1, Brodsky discloses a handheld self-administered massage device (massage device 10), said device comprising: a pair of massage balls (rollers 200 and 202), configured to be encased within a stretchable fabric strap (sleeve 100 formed of flexible material, paragraph 10 line 27 and paragraph 12) at a relative position to deliver a self-massage to a targeted site (paragraph 11 and 23); and at least two gripping surfaces, each provided at respective end of said stretchable fabric strap, adapted to allow a person to hold and manipulate said device with an utmost comfort (handles 300, Fig 1).
In regards to claim 2, Brodsky discloses the device of claim 1 and Brodsky further discloses wherein said stretchable fabric strap is provided in the form of an elongated strip (Fig 1), configured to be implemented on various body parts (3A-4C).
In regards to claim 3, Brodsky discloses the device of claim 1 and Brodsky further discloses wherein said massage balls are held in the relative position by shape and tension of said stretchable fabric strap, on either side of said massage balls (paragraph 10).
In regards to claim 4, Brodsky discloses the device of claim 1 and Brodsky further discloses wherein said massage balls may be encased within said stretchable fabric strap by a sewing or tacking method (paragraph 27 line 10-11).
In regards to claim 5, Brodsky discloses the device of claim 1 and Brodsky further discloses wherein said massage balls are made up of, but not limited to, silicone or rubber (paragraph 11 line 4-5).
In regards to claim 6, Brodsky discloses the device of claim 1 and Brodsky further discloses wherein said device can be stretched at least two times longer than its original length (paragraph 25 line 8-11).
In regards to claim 7, Brodsky discloses the device of claim 1 and Brodsky further discloses further comprises a pair of first loop-style handles, each provided at the respective end of said stretchable fabric strap or the ends of said stretchable fabric strap may be affixed in a loop (paragraph 26).
In regards to claim 8, Brodsky discloses the device of claim 1 and Brodsky further discloses wherein said stretchable fabric strap is made up of materials selected from, but not limited to, a mix of nylon and spandex, polyester and spandex, or another fabric mixed with similar characteristics (paragraph 12).
In regards to claim 9, Brodsky discloses a handheld self-administered massage device (massage device 10), said device comprising: a pair of massage balls (rollers 200 and 202, paragraph 28), configured to be affixed to an elastic band at a relative position to deliver a self-massage to a targeted site (sleeve 100 may be elastic, paragraph 11); and at least two gripping surfaces, each provided at respective end of said elastic band, adapted to allow a person to hold and manipulate said device with an utmost comfort (handles 300, paragraph 27).
In regards to claim 11, Brodsky discloses the device of claim 9 and Brodsky further discloses wherein said device can be stretched at least two times longer than its original length (paragraph 25 line 8-11).
In regards to claim 12, Brodsky discloses the device of claim 9 and Brodsky further discloses further comprises a pair of first loop-style handles, wherein each handle is provided at the respective end of said elastic band or the ends of said elastic band may be affixed in a loop (paragraph 26).
In regards to claim 15, Brodsky discloses the device of claim 9 and Brodsky further discloses wherein said massage balls are made up of, but not limited to, silicone or rubber (paragraph 11 line 4-5).
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, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Faroky (US 5868689) in view of Slocum (US 2018/0055724).
In regards to claim 9, Faroky discloses a handheld self-administered massage device (Fig 1), said device comprising: a massage ball (rubber ball 4), configured to be affixed to a band at a relative position to deliver a self-massage to a targeted site (cord 24, column 2 line 35-37, Fig 2); and at least two gripping surfaces (handles 1 and 6), each provided at respective end of said elastic band, adapted to allow a person to hold and manipulate said device with an utmost comfort (column 2 line 33-35, Fig 1).
Faroky does not teach wherein the band is elastic or wherein there are a pair of massage balls.
However, Slocum teaches an elastic band (elastic connector element 42), a pair of massage balls (massage elements 30A and 30B, paragraph 50).
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 Faroky wherein the band is elastic or wherein there are a pair of massage balls as taught by Slocum as this would provide flexibility to the device and allow for multiple points of applied therapy.
In regards to claim 10, Faroky in view of Slocum teaches the device of claim 9 and Faroky further discloses wherein said elastic band may be passed through a center of said massage balls (Fig 2).
In regards to claim 14, Faroky in view of Slocum teaches the device of claim 9 and Faroky further discloses further comprises a plurality of stoppers along said elastic band, wherein each stopper is located at sides of each of said massage balls, adapted to hold said massage balls in the relative position along said elastic band (O-rings 18 and 22, column 2 line 62-67).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Faroky (US 5868689) in view of Slocum (US 2018/0055724) as applied above and in further view of Holman (US 2012/0322633).
In regards to claim 13, Faroky in view of Slocum teaches the device of claim 9.
Faroky does not disclose a pair of second loop-style handles, wherein each handle is provided at the respective end of said elastic band.
However, Holman teaches a massage device (apparatus 100) further comprises a pair of second loop-style handles, wherein each handle is provided at the respective end of said elastic band (handles 114, Fig 1).
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 Faroky to further comprise a pair of second loop-style handles, wherein each handle is provided at the respective end of said elastic band as taught by Holman as this would simply be substituting an equivalent known for the same purpose (MPEP 2144.06 II).
Conclusion
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785