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 .
Response to Amendment
This office action is responsive to the amendment filed on April 16, 2026. As directed by the amendment: claims 1, 3, 8, 9, 12, 14, 15, and 18 have been amended, claim 2 has been canceled, and new claims 19-21 have been added. Thus, claims 1 and 3-21 are presently pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-21 have been considered but are moot because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1, 3-5, 14, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bellandi (US 5,447,491).
As to claim 1, Bellandi discloses a device for soothing a baby (the massaging device of Fig. 2 is a massaging device capable of being used on a baby and thus fulfills the intended use limitation), comprising: a housing (body/casing 10, Fig. 2); a plurality of rotating elements (gearing 22a, rotating base 23, and massaging fingers 11 (Fig. 2; col. 2, ln. 3-21) movably disposed within the housing 10, the plurality of rotating elements including a plurality of gear portions (gearing 22a includes several gears, as shown in Fig. 2) attached to a plurality of massaging elements 11 protruding from the housing 10 to an exterior of the device 10 (the gears 22a attach to rotating base 23 that holds massaging elements 11, Fig. 2; col. 2, ln. 3-21); and a motor 22 disposed within the housing 10 and configured to rotate the plurality of gear portions 22a to enable rotating movement of the plurality of massaging elements 11 (Fig. 2, col. 2, ln. 3-21).
As to claim 3, Bellandi discloses the device of claim 1, wherein the massaging elements includes a first finger, a second finger, and a third finger (four massaging fingers are shown any of which can be considered a first, second, and/or third finger respectively, Fig. 2, col. 2, ln. 3-21).
As to claim 4, Bellandi discloses the device of claim 3, wherein the first finger includes a greater height than the second finger and the third finger (see annotated Fig. 2 below).
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As to claim 5, Bellandi discloses the device of claim 3, wherein the second finger includes a greater height than the third finger (see annotated Fig. 2 below).
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As to claim 14, Bellandi discloses the device of claim 1, wherein the rotating movement of the plurality of massaging elements 11 is substantially circular (the base 23 is a disc rotating around a central shaft, thus, the movement of the massaging elements 11 as they rotate with the disc 23 will be circular, Fig. 2, col. 2, ln. 3-21).
As to claim 19, Bellandi discloses the device of claim 1, wherein the housing 10 includes a plurality of apertures (holes 24) in a bottom portion (base/disc 23) thereof, the plurality of massaging elements 11 protruding through the plurality of apertures 24 and extending away from the housing 10 (see Fig. 2, col. 2, ln. 3-21).
As to claim 21, Bellandi discloses the device of claim 1, wherein the plurality of massaging elements 11 include a flexible material (spring 16) configured to collapse into the housing 10 upon application of pressure to the plurality of massaging elements 11 (spring 16 collapses when the cam surface 25 presses against the back of massage element 11, see Fig. 2, col. 2, ln. 3-21).
Claims 1 and 7-9 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Fedders (US 4,526,163).
As to claim 1, Fedders discloses a device 10 (Fig. 1) for soothing a baby (the massager 10 is capable of use with a baby and thus fulfills the intended use limitation), comprising: a housing (“case”, see col. 2, ln. 18-20); a plurality of rotating elements (including gears 13, 16, shafts 12, 15, and body engaging means 17, see Fig. 1) movably disposed within the housing, the plurality of rotating elements 15, 16, 17 including a plurality of gear portions 16 attached to a plurality of massaging elements 17 protruding from the housing (see Fig. 2), the plurality of massaging elements 17 protruding from the housing to an exterior of the device (Fig. 2 shows the massaging members 17 still protruding from the plate device when the housing/cover is in place, see col. 1, ln. 39-40); and a motor 23 disposed within the housing and configured to rotate the plurality of gear portions 16 to enable rotating movement of the plurality of massaging elements 17 (col. 1, ln. 43 – col. 2, ln. 25).
As to claim 7, Fedders discloses the device of claim 1, wherein the motor 23 is configured to rotate each of the gear portions 16 around an axis (axis of shaft 15) located at a center of each of the rotating elements 17 (see Fig. 1, col. 1, ln. 43 – col. 2, ln. 25).
As to claim 8, Fedders discloses the device of claim 1, wherein the plurality of rotating elements includes three rotating elements disposed around a central gear (the four massaging elements 17 shown in Fig. 1 have their shafts 15 and gears 16 disposed around central gear 13 see Fig. 1), wherein the motor 23 is configured to drive the central gear 13 to rotate the three rotating elements (see Fig. 1, col. 1, ln. 54 – col. 2, ln. 5).
As to claim 9, Fedders discloses the device of claim 1, wherein the rotating elements comprise four rotating elements disposed around a central gear 13 (the four massaging elements 17 shown in Fig. 1 have their shafts 15 and gears 16 disposed around central gear 13 see Fig. 1), wherein the motor 23 is configured to drive the central gear 13 to rotate the four rotating elements (see Fig. 1, col. 1, ln. 54 – col. 2, ln. 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bellandi (US 5,447,491), in view of Kuen (US 6,405,390).
As to claim 6, Bellandi discloses the device of claim 4, but does not expressly disclose that the first finger includes a greater height than the second finger and the third finger and the second finger includes a greater height than the third finger. However, Kuen teaches a massaging device having a first finger, second finger, and third finger, wherein the first finger includes a greater height than the second and third fingers, and further wherein the second finger includes a greater height than the third finger (the cam surface of the wheel 22 allows at least three different heights for the massaging fingers 21 at a given time, see annotated Fig. 12 below, see also Figs. 5 and 9 and col. 3, ln. 39-63).
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Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Bellandi so that the cam surface is shaped to provide at least three different heights for the massage fingers at a given time, as taught by Kuen, in order to provide a suitable alternative massage pattern to suit a particular user’s desired massage preference.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fedders (US 4,526,163), in view of Tanizawa et al. (US 2006/0217642).
As to claim 11, Fedders discloses the device of claim 1, but does not disclose that the device further comprises a microphone.
However, Tanizawa teaches a massaging device 1 (massage machine 1, Fig. 6) which includes a microphone 40 as part of a voice input device 4 for allowing voice commands from a user to control the massage operation (Fig. 7, paragraph [0044]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Fedders to include a microphone, as taught by Tanizawa, in order to allow remote control of the device without manual activation which provides an added convenience for the user.
As to claim 12, modified Fedders discloses the device of claim 11, wherein the device is configured to turn on when the microphone M is activated by a sound (see Tanizawa, paragraph [0044]: a user says “Start” to activate the massage machine”).
Claims 1, 10, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker (WO 2010/003010), in view of Bellandi (US 5,447,491).
As to claim 1, Shoemaker discloses a device (electronic massage unit 50, Fig. 9B) for soothing a baby (electronic massage unit 50 is part of an infant soothing pad 10, Figs. 8-11), comprising: a housing 54 (Fig. 9B); a plurality of rotating elements (tracks 55 and balls 56) movably disposed within the housing 54 (Fig. 9B, paragraph [0031]), the plurality of rotating elements including a plurality of massaging elements 56 protruding from the housing 54 to an exterior of the device 50 (paragraph [0031]); and a motor disposed within the housing and configured to enable rotating movement of the plurality of massaging elements 56 (paragraph [0031]).
Shoemaker lacks detailed description as to the limitation that the plurality of rotating elements include a plurality of gear portions attached to the massaging elements, the motor rotating the plurality of gear portions to enable the rotation of the massaging elements. However, Bellandi teaches a massaging device having a plurality of rotating elements (gearing 22a, rotating base 23, and massaging fingers 11; see Fig. 2; col. 2, ln. 3-21) including a plurality of gear portions (gearing 22a includes several gears, as shown in Fig. 2) attached to a plurality of massaging elements 11 that protrude from the housing 10 (the gears 22a attach to rotating base 23 that holds massaging elements 11, Fig. 2; col. 2, ln. 3-21) and a motor 22 configured to rotate the plurality of gear portions 22a to enable rotating movement of the plurality of massaging elements 11 (Fig. 2, col. 2, ln. 3-21). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Shoeaker to include a plurality of gear portions, as taught by Bellandi to provide a suitable transmission means for causing controllable rotation of the tracks 55 and balls 56 from the output shaft of the motor.
As to claim 10, modified Shoemaker discloses the device of claim 1, wherein the device 50 is embedded in an insert (padding 70) having an opening (pocket 28) configured to receive the device (paragraph [0032] of Shoemaker) and the insert 70 is configured to be placed within a blanket (first and/or second layer of fabric 14, 22 can be considered the blanket; alternatively, the entire soothing pad 10 can be considered the insert, which is capable of being placed within a blanket (by being wrapped in a blanket, for example).
As to claim 15, Shoemaker discloses a system for soothing a baby (infant soothing pad 10, Figs. 8-11, paragraph [0026]), comprising: a soothing device 50 (electronic massage unit 50, Fig. 9B) comprising a plurality of rotating elements (tracks 55 and balls 56, Fig. 9B, paragraph [0031]), the plurality of rotating elements including a plurality of massaging elements 56 protruding from a housing 54 to an exterior of the device 50 (paragraph [0031]); the device 50 further comprising a motor 57 configured to enable rotating movement of the plurality of massaging elements 56 (paragraph [0031]); and an apparel component 10 configured to receive the southing device 50 (soothing pad 10 is worn on a shoulder and receives massaging unit 50 in pocket 28, see Figs. 8-11, paragraphs [0026],[0031]-[0032]).
Shoemaker lacks detailed description as to the limitation that the plurality of rotating elements include a plurality of gear portions attached to the massaging elements, the motor configured to simultaneous move the plurality of gear portions to enable the rotational of the plurality of massaging elements. However, Bellandi teaches a massaging device having a plurality of rotating elements (gearing 22a, rotating base 23, and massaging fingers 11; see Fig. 2; col. 2, ln. 3-21) including a plurality of gear portions (gearing 22a includes several gears, as shown in Fig. 2) attached to a plurality of massaging elements 11 that protrude from the housing 10 (the gears 22a attach to rotating base 23 that holds massaging elements 11, Fig. 2; col. 2, ln. 3-21) and a motor 22 configured to simultaneously rotate the plurality of gear portions 22a to enable rotating movement of the plurality of massaging elements 11 (Fig. 2, col. 2, ln. 3-21). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the system of Shoeaker to include a plurality of gear portions between the motor and rotatable tracks, as taught by Bellandi to provide a suitable transmission means for causing controllable rotation of the tracks 55 and balls 56 from the output shaft of the motor.
As to claim 16, modified Shoemaker discloses the system of claim 15, wherein the apparel component (soothing pad 10) includes a padded pocket 70, 28 configured to receive the soothing device 50 (see Figs. 8-9, paragraph [0032] of Shoemaker).
Claims 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker (WO 2010/003010), in view of Bellandi (US 5,447,491), as applied to claims 1 and 15 above, and further in view of Williams (US 6,475,171).
As to claim 13, modified Shoemaker disclose the device of claim 1, but is silent as to the device further comprising at least one retractable clip. However, Williams teaches a hanger for storing a massage device, the hanger 31 having a retractable clip (retractable end pieces 35 clip the massager straps 5 to the bar 34 within the gaps 35B, see Fig. 8, col. 4, ln. 56-66). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Shoemaker to include a hanger and associated retractable clip(s) that can attach to the device/pad, as taught by Williams, in order to provide a convenient means for storing the device (in a closet, for example) when not in use.
As to claim 17, modified Shoemaker discloses the system of claim 15, but is silent as to the soothing device further comprising at least one retractable clip. However, Williams teaches a hanger for storing a massage device, the hanger 31 having a retractable clip (retractable end pieces 35 clip the massager straps 5 to the bar 34 within the gaps 35B, see Fig. 8, col. 4, ln. 56-66). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the system of Shoemaker to include a hanger and associated retractable clip(s) that can attach to the device/pad, as taught by Williams, in order to provide a convenient means for storing the device (in a closet, for example) when not in use.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Helwig (US 6,968,806), in view of Shoemaker (WO 2010/003010), and further in view of Bellandi (US 5,447,491)..
As to claim 18, Helwig discloses a method for soothing a pet (animal soothing system, col. 1, ln. 14-18), comprising the steps of: providing a soothing device 11 including a housing 10 (bedding structure, see Figs. 1-3, col. 3, ln. 46-58), providing the pet (see Fig. 1 showing a dog); placing the soothing device 11 on the pet (through the bedding structure 10 of Fig. 1, or a wearable item of Fig. 12); and operating the soothing device 11, whereby the pet is massaged and soothed (col. 5, ln. 4-30 and col. 2, ln. 22-32).
Helwig does not disclose that the soothing device includes a plurality of rotating elements movably disposed within the housing, the plurality of rotating elements including a plurality of gear portions attached to a plurality of massaging elements, the plurality of massaging elements protruding from the housing to an exterior of the device, and a motor disposed within the housing and configured to rotate the gear portions of the plurality of rotating elements to enable rotating movement of the massaging elements.
However, Shoemaker teaches a soothing device 50 (electronic massage unit 50, Fig. 9B) comprising a plurality of rotating elements (tracks 55 and balls 56, Fig. 9B, paragraph [0031]) including a plurality of massaging elements 56 protruding from a housing 54 to an exterior of the device 50 (paragraph [0031]); the device 50 further comprising a motor 57 configured to enable rotating movement of the plurality of massaging elements 56 (paragraph [0031]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the method of Helwig so that the soothing device is in the form of a plurality of rotating massaging elements driven by a motor, as taught by Shoemaker, in order to provide a suitable alternative type of massage that is known to provide a soothing feeling when pressed against a body.
Modified Helwig lacks detailed description as to the limitation that the plurality of rotating elements include a plurality of gear portions attached to the massaging elements, the motor configured to simultaneous move the plurality of gear portions to enable the rotational of the plurality of massaging elements. However, Bellandi teaches a massaging device having a plurality of rotating elements (gearing 22a, rotating base 23, and massaging fingers 11; see Fig. 2; col. 2, ln. 3-21) including a plurality of gear portions (gearing 22a includes several gears, as shown in Fig. 2) attached to a plurality of massaging elements 11 that protrude from the housing 10 (the gears 22a attach to rotating base 23 that holds massaging elements 11, Fig. 2; col. 2, ln. 3-21) and a motor 22 configured to simultaneously rotate the plurality of gear portions 22a to enable rotating movement of the plurality of massaging elements 11 (Fig. 2, col. 2, ln. 3-21). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to further modify the method of Helwig to include a plurality of gear portions between the motor and rotatable tracks, as taught by Bellandi to provide a suitable transmission means for causing controllable rotation of the tracks 55 and balls 56 from the output shaft of the motor.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bellandi (US 5,447,491), in view of Lansdale et al. (WO 99/63927).
As to claim 20, Bellandi discloses the device of claim 1, but lacks detailed description as to a controller configured to selectively rotate the plurality of massaging elements in a clockwise direction or a counterclockwise direction based on an input. However, Lansdale teaches a massage device having a controller (control panel 101, Figs. 11-12) configured to selectively rotate a massage device in a clockwise direction or a counterclockwise direction based on an input (via forward/reverse switch 106 or dials 106a, Figs. 11-12, pg. 10, ln. 8-19). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Bellandi to include a controller for controlling the clockwise/counter clockwise rotation direction of the massage elements, as taught by Lansdale, in order to provide more control over the massaging effect to the user to suit their preference.
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 VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached on Monday - Friday 8:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KENDRA CARTER can be reached on 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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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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