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 .
Status of Claims
This Action is in response to the amendment filed on March 16, 2026.
As directed by the amendment: Claims 1-2 were amended. Claims 1-9 are pending and currently under consideration for patentability under 37 CFR 1.104.
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (TW M486421 U) in view of Koth (US 2020/0390639 A1) and Spratt (US 5,730,708 A).
Regarding claim 1, Lin discloses a massage clamp (Figs. 1-4; massage protrusions 102 and 122 provide a “maximum clamping force… [on a body part such as the] head, neck, back, waist, etc.” see page 3, the penultimate paragraph of the English translation) comprising:
a first clamping member (first connecting rod 16, first connecting portion 104, first massage handle 10, first massage protrusion 102, and the corresponding pivot hole(s) at the end of handle 10 as seen in Fig. 2 that connect to pivot connection 14, collectively form a first clamping member see Figs. 1-4) having a first pivot portion (the holes at the end of handle 10 adjacent massage protrusion 102, that allow a connection to pivot member 14, as seen in Fig. 2), a first connecting portion (handle 10, Figs. 1-2) that extends from said first pivot portion (the handle 10 extends outwardly from the associated pivoting hole, see Figs. 1-2), a first pressing portion (first connecting rod 16 and first connecting portion 104, Figs. 1-2) that extends from said first connecting portion (16, 104, extend from connecting portion 10, see Figs. 1-2), and a first clamping portion (first massage protrusion 102, Fig. 1) that extends from said first connecting portion (10, see Fig. 1); and
a second clamping member (second connecting rod 18, second connecting portion 124, second massage handle 12, second massage protrusion 122, and the corresponding pivot hole(s) at the end of handle 12 as seen in Fig. 2 that connect to pivot connection 14, collectively form a second clamping member see Figs. 1-4) pivotally connected to said first clamping member (connected via pivot member(s) 14, Figs. 1-4) and pivotable relative to said first clamping member (see Figs. 3-4), said second clamping member having a second pivot portion (the holes at the end of handle 12 adjacent massage protrusion 122, that allow a connection to pivot member 14, as seen in Fig. 2) that is pivotally connected (via pivot member 14, see Figs. 1-4) to said first pivot portion (the holes at distal end of handle 10), a second connecting portion (handle 12, Figs. 1-2) that extends from said second pivot portion (the handle 12 extends outwardly from the associated pivoting hole, see Figs. 1-2), a second pressing portion (second connecting rod 18 and second connecting portion 124, Figs. 1-2) that extends from said second connecting portion (18, 124, extend from connecting portion 12, see Figs. 1-2), and a second clamping portion (second massage protrusion 122, Fig. 1) that extends from said second connecting portion (12, see Fig. 1), said second pressing portion (18, 124, Fig. 4) and said first pressing portion (16, 104, Fig. 4) cooperatively defining a surrounding space (see “100. Surrounding Space” in annotated Figure A below. The angle(s) cooperatively formed by connection portion(s) 104, 124, define a space adapted to surround a body part “so that the first massage protrusion 102 and the second massage protrusion 122 can have the maximum clamping force …[on a body part such as the] head, neck, back, waist, etc.” see page 3, the penultimate paragraph of the English translation), said second clamping portion (122, Fig. 4) and said first clamping portion (102, Fig. 4) cooperatively defining a clamping opening (see “200. Clamping Opening” in annotated Figure A. An opening is defined between 102, 122, to clamp a body part such as the “head, neck, back, waist, etc.” see page 3, the penultimate paragraph of the English translation), said clamping opening being located in said surrounding space (see annotated Fig. A), said first connecting portion (10, Fig. 1), said first pressing portion (16, 104, Fig. 1) and said first clamping portion (102, Fig. 1) cooperatively forming a Y-shape (shaded gray, see annotated Fig. B below. This reads on the broadest reasonable interpretation of “Y-shape” because it splits at an angle at the top of the shape, resembling a lowercase Y-shape), said second connecting portion (12, Fig. 1), said second pressing portion (18, 124, Fig. 1) and said second clamping portion (122, Fig. 1) cooperatively forming a Y-shape (the second clamping portion is shown to be a mirror-image of the first clamping portion as seen in Fig. 1, and thus the second clamping portion forms a Y-shape such as the shaded gray portion of Fig. B when the second clamping portion is viewed from the opposite side), said first clamping portion (102, Fig. 1) having a first inner surface (see “First Inner Surface” in annotated Figure B. This is a surface on the inner, treatment side of the massaging device, see Fig. 4) that extends to said first connecting portion (10, Fig. 1), said second clamping portion (122, Fig. 1) having a second inner surface (see “Second Inner Surface” in annotated Figure B. This is a surface on the inner, treatment side of the massaging device, see Fig. 4) that extends to said second connecting portion (12, Fig. 1);
wherein a distal section (a section associated with 102a, Fig. B) of the first clamping portion is angled towards said second clamping portion (102 and 122 are angled towards each other, see Fig. A), and a distal section (a section associated with 122a, Fig. B) of said second clamping portion is angled towards said first clamping portion (102 and 122 are angled towards each other, see Fig. A), a width of the clamping opening (200, Fig. A) decreasing toward said distal section of said first clamping portion and said distal section of said second clamping portion (the width of opening 200 decreases at the distal ends of the clamping portions, relative to the proximal ends due to the angled orientation); and
wherein said first pivot portion (the corresponding pivot hole(s) at the end of handle 10 as seen in Fig. 2 that connect to pivot connection 14) and said second pivot portion (the corresponding pivot hole(s) at the end of handle 12 as seen in Fig. 2 that connect to pivot connection 14) are (indirectly) pivoted to each other by a pivot rod (pivot member 14, see Figs. 3-4. This is an elongated, slender shaft/bar that allows pivoting motion).
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Annotated Figure A (from Fig. 4 of Lin): Lin’s second pressing portion (18, 124) and first pressing portion (16, 104) cooperatively define a surrounding space (100, shaded gray. The angle(s) cooperatively formed by the connection portion(s) 104, 124, define the surrounding space adapted to surround the body part). The second clamping portion (122) and first clamping portion (102) cooperatively defining a clamping opening (200, shaded gray. The opening defined between 102, 122, is adapted to clamp a body part). The clamping opening (200) is located within the surrounding space (100). A “Baseline” extends through the pivot rod (14), and parallel to a “First Direction.”
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Annotated Figure B (from Fig. 1 of Lin): Lin’s first connecting portion (10), first pressing portion (16, 104) and said first clamping portion (102) cooperatively forming a Y-shape (shaded gray, this reads on the broadest reasonable interpretation of “Y-shape” because it splits at an angle at the top of the shape, resembling a lowercase Y-shape). The second clamping portion similarly forms a Y-shape, when viewed from the opposite side. The first clamping portion (102) has a first inner surface (see above) on the inner, treatment side of the massaging device. The second clamping portion (122) has a second inner surface (see above) on the inner, treatment side of the massaging device. The first clamping portion (102) terminates at a first distal end (102a) and the second clamping portion (122) terminates at a second distal end (122a).
Lin is silent regarding wherein the distal section of said first clamping portion is hook-shaped and bends toward said second clamping portion, the distal section of said second clamping portion being hook-shaped and bending toward said first clamping portion; and wherein said first pivot portion and said second pivot portion are directly pivoted to each other by a pivot rod.
Koth teaches a related pivoting pressure applicator (1400, Figs. 14A-14M) wherein a distal section of a first clamping portion is hook-shaped (extension portion 1402 with pointed geometry 1408, Figs. 14A-14M) and bends towards a central pivot axis (1408 bends toward an axis that extends through pivot 1404, see Fig. 14D) to provide a massage to targeted body tissue (1490, Figs. 14J-14K) designed to relieve muscle tension (see the first sentence of the Abstract). The applicator is hook-shaped “in order to increase the angle of the application force … and the concave curvature of each side (1402) allows for maximum clearance for surrounding body tissue that may fold around extension portion 1402 during engagement of pointed geometry 1408 with the target muscle group” (see para. [0055]). Although Koth does not illustrate a second clamping portion, one of ordinary skill in the art would have recognized that the hook-shaped design would be applicable to both the first and second clamping portions of Lin to provide the increased angle of the application of the force, and help specifically target muscle group(s). Additionally, the Koth hook-shaped clamping portions (1402, 1408, Figs. 14A-14M) would bend towards each other when incorporated into Lin because the Koth hook-shaped clamping portions bend toward a pivot axis (1408 bends toward an axis that extends through pivot 1404, see Fig. 14D), bending along the same direction that the point 1408 is moved towards the tissue (see Figs. 14J-14K).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the distal sections of the first and second clamping portions of Lin to be hook-shaped and bent towards one another as generally taught by Koth because the hook-shape helps increase the angle of the application of the force and helps specifically target muscle group(s).
The modified Lin/Koth device is still silent regarding wherein said first pivot portion and said second pivot portion are directly pivoted to each other by a pivot rod.
Spratt teaches a related pivoting clamping massage applicator (see Figs. 5-6) wherein a first pivot portion (“One end of handlebar 20 is pressed flat … a hole slightly larger than hinge pin 12 (shown in FIG. 5) is punched through center of flattened area,” see Figs. 5-6 and col. 3, lines 5-11) and second pivot portion (the flattened end of the other handlebar 20, Figs. 5-6) are directly pivoted to each other by a pivot rod (hinge pin 12, Figs. 5-6; “Handlebars 20 are connected flattened end to flattened end by hinge pin 12” see col. 4, lines 9-11). This provides an expected result that the clamping portions are able to move towards or away from each other to provide a clamping massage effect to a body part (see Figs. 5-6).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first pivot portion and second pivot portion of Lin/Koth to be directly pivoted to each other by a pivot rod as taught by Spratt because this is a simple substitution of one known pivoting mechanism (Fig. 5-6 pivoting mechanism of Spratt) for another known pivoting mechanism (pivot member 14 and respective holes of Lin) to obtain predictable results of being configured to allow the handles to be used to pivot the device to apply a massage clamping force to the body.
Regarding claim 2, the modified Lin/Koth/Spratt device discloses wherein a baseline (see “Baseline” in annotated Figure A above) that is parallel to a first direction (see “First Direction” parallel to the “Baseline” in annotated Figure A above) and that extends through said pivot rod (in the modified device, the baseline shown in Fig. A extends through the pivot rod 12 of Fig. 6 of Spratt) is defined, said first clamping member (first connecting rod 16, first connecting portion 104, first massage handle 10, first massage protrusion 102, see Figs. 1-4 of Lin, and the flattened end with pivot hole taught by Spratt, collectively form a first clamping member) and said second clamping member (second connecting rod 18, second connecting portion 124, second massage handle 12, second massage protrusion 122, see Figs. 1-4 of Lin, and the flattened end with pivot hole taught by Spratt, collectively form a second clamping member) being substantially located at a same side of said baseline (both clamping members are substantially below the “Baseline” as seen in annotated Figure A above, and see Fig. 6 of Spratt).
Regarding claim 3, the modified Lin/Koth/Spratt device discloses wherein said first clamping portion (102, Fig. 1 of Lin, as modified by Koth to have pointed end 1408 and concave extension 1402) terminates at a first distal end (1408, Figs. 14A-14M of Koth), and said second clamping portion (122, Fig. 1 of Lin, as modified by Koth to have pointed end 1408 and concave extension 1402) terminates at a second distal end (1408, Figs. 14A-14M of Koth), when said first pressing portion (16, 104, Figs. 1-4 of Lin) and said second pressing portion (18, 124, Figs. 1-4 of Lin) are operated to move towards each other (see Figs. 3-4, and “When the whole structure is used, the lever effect is generated by the extension of each connecting rod, so that the user only needs a little force to open and close the first connecting rod 16 and the second connecting rod 18 through the pivoting member 14, so that the first massage protrusion 102 and the second massage protrusion 122 can have the maximum clamping force” see page 3, the penultimate paragraph of the English translation), said second distal end (122a, Fig. B above; as modified to have pointed end 1408 and concave extension 1402 of Koth) and said first distal end (102a, Fig. B above, as modified to have pointed end 1408 and concave extension 1402 of Koth) moving toward each other (see Figs. 3-4 of Lin; Figs. 5-6 of Spratt).
Regarding claim 4, the modified Lin/Koth/Spratt device discloses wherein said first pressing portion (16, 104, Fig. 1 of Lin) terminates at a first free end (see “16a. First Free End” in annotated Figure C below), a distance (see “D1” distance in annotated Figure C) between said first distal end (see “102a. First Distal End” in annotated Figure A and annotated Figure B) and a center of said pivot rod (14, Fig. C below, as modified to be a hinge pin 12 taught by Figs. 5-6 of Spratt) in a second direction that is substantially perpendicular to the first direction (see “First Direction” and “Second Direction” in annotated Figure C) being smaller than a distance (see “D2” distance in annotated Figure C) between said first free end (16a, Fig. C) and said first distal end (102a, Fig. C) in the second direction (see Figure C, the distance D1 is smaller than distance D2. See also Fig. 1 of Lin).
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Annotated Figure C (from Fig. 4 of Lin): The distance (D1) between the first distal end (102a) and a center of the pivot rod (14) in a second direction that is substantially perpendicular to the first direction is smaller than the distance (D2) between the first free end (16a) and the first distal end (102a).
Regarding claim 5, the modified Lin/Koth/Spratt device discloses wherein said pivot rod (14, Fig. 4 of Lin, as modified by hinge pin 12 of Figs. 5-6 of Spratt) is substantially located higher than said first connecting portion (pivot 14 is higher with respect to first connecting portion 10 as seen in Fig. 4 of Lin, and similarly as seen with pivot pin 12 in Figs. 5-6 of Spratt) and said second connecting portion (pivot 14 is higher with respect to second connecting portion 12 as seen in Fig. 4 of Lin, and similarly as seen with pivot pin 12 in Figs. 5-6 of Spratt) in the second direction (see “Second Direction” in Fig. C above).
Regarding claim 9, the modified Lin/Koth/Spratt device discloses wherein said first clamping member (first connecting rod 16, first connecting portion 104, first massage handle 10, first massage protrusion 102, see Figs. 1-4 of Lin, and the flattened end with pivot hole taught by Spratt, collectively form a first clamping member) and said second clamping member (second connecting rod 18, second connecting portion 124, second massage handle 12, second massage protrusion 122, see Figs. 1-4 of Lin, and the flattened end with pivot hole taught by Spratt, collectively form a second clamping member) are substantially symmetrical (see Fig. 1 of Lin).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (TW M486421 U) in view of Koth (US 2020/0390639 A1) and Spratt (US 5,730,708 A) as applied to claim 1 above, and further in view of Noergaard (WO 8100202 A1).
Regarding claim 6, the modified Lin/Koth/Spratt device is silent regarding wherein said first connecting portion (10) has a first concave region connected to said first pivot portion, and a first convex region connected to said first concave region, said second connecting portion (12) having a second concave region that is connected to said second pivot portion and that faces said first concave region, and a second convex region that is connected to said second concave region, said second concave region and said first concave region being stacked on each other.
Noergaard teaches a related clamping massage device (see Figs. 5-6, for example) with a first connecting portion (see “1. First Connecting Portion” in annotated Figure D below) having a first concave region (see “2. First Concave Region” in annotated Figure D. This is considered a “concave region” because the inner wall of the circular aperture in the middle of hub 6 has a concave shape) connected to a first pivot portion (the upper central pin member 12 as seen in Fig. 1. Note, the pivoting connection may be with or without the use of a spring, see page 4, the last sentence), and a first convex region (see “3. First Convex Region” in annotated Figure D) connected to said first concave region (the first convex region 3 is the outer surface of the first concave region 2, and thus they are connected), a second connecting portion (see “4. Second Connecting Portion” in annotated Figure D) having a second concave region (see “5. Second Concave Region” in annotated Figure D. This hub 8 is considered a “concave region” because the inner wall of the circular aperture in the middle of hub 8 has a concave shape) that is connected to a second pivot portion (the lower central pin member 12 as seen in Fig. 1. Note, the pivoting connection may be with or without the use of a spring, see page 4, the last sentence) and that faces said first concave region (the inner-facing surface of the second concave region 5 faces toward the first concave region 1 as seen in Fig. 1), and a second convex region (see “6. Second Convex Region” in annotated Figure D) that is connected to said second concave region (the second convex region 6 is the outer surface of the second concave region 5, and thus they are connected), said second concave region (5) and said first concave region (2) being stacked on each other (see Fig. 1). This pivoting connection provides a predictable function that the two jaw members (2, 4, Fig. 1) are able to move towards or away from each other to provide a clamping massage effect to a body part (see page 2, lines 12-19 and see Figs. 5-6). Noergaard’s pivoting mechanism also provides expected benefits of substantially preventing pinching at the pivot point due to the close fit of the hubs (6, 8, Fig. 1), and would be expected to work equally as well if a single pivot rod is used (as in Spratt), instead of a pair of pivot rods (12).
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Annotated Figure D (from Fig. 1 of Noergaard): Noergaard has a first connecting portion (1), a first concave region (2), a first convex region (3, shaded gray) connected to the first concave region (it is the outer surface of first concave region 2), a second connecting portion (4), a second concave region (5), and a second convex region (6, shaded gray).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first connecting portion, second connecting portion, first pivot portion and second pivot portion of Lin/Koth/Spratt to have the first concave region connected to said first pivot portion, a first convex region connected to said first concave region, said second connecting portion having a second concave region that is connected to said second pivot portion and that faces said first concave region, and a second convex region that is connected to said second concave region, said second concave region and said first concave region being stacked on each other as taught by Noergaard because this is a simple substitution of one known pivoting mechanism (Fig. 1 pivoting mechanism of Noergaard) for another known pivoting mechanism (Spratt flattened ends in Figs. 5-6) to obtain predictable results of being configured to allow the handles to be used to pivot the device to apply a massage clamping force to the body, and an expected advantage of substantially preventing pinching at the pivot point due to the close fit of the pivoting parts (6, 8, Fig. 1 of Noergaard) compared to the Lin/Koth/Spratt pivot mechanism.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (TW M486421 U) in view of Koth (US 2020/0390639 A1) and Spratt (US 5,730,708 A) as applied to claim 1 above, and further in view of Ferber et al. (2005/0049529) and Lowe et al. (2022/0202644).
Regarding claim 7, the modified Lin/Koth/Spratt device discloses wherein said first pressing portion (16, 104, Figs. 1-4 of Lin) has a first middle section (104, Lin) connected to said first connecting portion (10, see Figs. 1-4 of Lin), said first middle section (104) being curved outwardly (see Figs. 1-4 of Lin), and said second pressing portion (18, 124, Figs. 1-4 of Lin) having a second middle section (124, Lin) that is connected to said second connecting portion (12, see Figs. 1-4 of Lin), said second middle section (124) being curved outwardly (see Figs. 1-4 of Lin).
The modified Lin/Koth/Spratt device is silent regarding said first middle section having a first concave surface that is recessed outwardly, and a first convex surface that is opposite to said first concave surface, each of said first concave surface and said first convex surface being formed with a plurality of spaced-apart first finger grooves; and said second middle section having a second concave surface that is recessed outwardly, and a second convex surface that is opposite to said second concave surface, each of said second concave surface and said second convex surface being formed with a plurality of spaced-apart second finger grooves.
Ferber teaches a related wrap-around body massager with pivoting arms (see Fig. 1; see the last sentence of [0019]) including a first middle section (see “1. First Middle Section” in annotated Figure E below. This includes the middle of arm 22’ and includes handle 24’) having a first concave surface (see “1a. First Concave Surface” in annotated Figure E) that is recessed outwardly (see Fig. E), and a first convex surface (see “1b. First Convex Surface” in annotated Figure E) that is opposite to said first concave surface (see Fig. E); and a second middle section (see “2. Second Middle Section” in annotated Figure E. This includes the middle of arm 22 and includes handle 24) having a second concave surface (see “2a. Second Concave Surface” in annotated Figure E) that is recessed outwardly (see Fig. E), and a second convex surface (see “2b. Second Convex Surface” in annotated Figure E) that is opposite to said second concave surface (see Fig. E). Providing the pivoting arms with this shape allows the arms to be conveniently grasped and wrapped around the body (see Figs. 6-7) as the user manipulates the device to perform self-massage. Furthermore, it is noted it has been held that selection of a shape is an obvious matter of choice for a person of ordinary skill in the art, absent persuasive evidence that the particular configuration is significant (see MPEP 2144.04(IV)(B)).
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Annotated Figure E (From Fig. 1 of Ferber): Ferber has a first middle section (1, including the middle of arm 22’ and handle 24’) with a first concave surface (1a) and a first convex surface (1b), and a second middle section (2, including the middle of arm 22 and handle 24) with a second concave surface (2a) and a second convex surface (2b).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the first pressing portion and second pressing portion of Lin/Koth/Spratt to have a first concave surface that is recessed outwardly, a first convex surface that is opposite to said first concave surface, a second concave surface that is recessed outwardly, and a second convex surface that is opposite to said second concave surface as taught by Ferber because this provides an expected result of a shape that is suitable for being conveniently grasped and wrapped around the body as the user manipulates the device, and since it has been held that selection of a shape is an obvious matter of choice for a person of ordinary skill in the art, absent persuasive evidence that the particular configuration is significant (see MPEP 2144.04(IV)(B)).
The modified Lin/Koth/Spratt/Ferber device is still silent regarding each of said first concave surface and said first convex surface being formed with a plurality of spaced-apart first finger grooves; and each of said second concave surface and said second convex surface being formed with a plurality of spaced-apart second finger grooves.
Lowe teaches a related handheld massage device (Fig. 1, Fig. 4) in which each of the opposing sides of the handle portion (the left and right sides of handle 11 as seen in Fig. 3) are formed with a plurality of spaced-apart finger grooves (finger indents 19, Fig. 3) “that receive the user’s fingers, allowing for a more comfortable grip” (see lines 4-7 of [0015]). One of ordinary skill in the art would recognize that these finger grooves could be advantageously applied to a pair of handles to form first and second spaced-apart finger grooves.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify each of the first concave surface, first convex surface, second concave surface, and second convex surface of Lin/Koth/Spratt/Ferber to be provided with a plurality of spaced-apart first finger grooves and a plurality of spaced-apart second finger grooves, respectively, as taught by Lowe because these grooves would be able to receive the user’s fingers, allowing for a more comfortable grip.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (TW M486421 U) in view of Koth (US 2020/0390639 A1) and Spratt (US 5,730,708 A) as applied to claim 1 above, and further in view of Hanson (2018/0333323).
Regarding claim 8, the modified Lin/Koth/Spratt device is silent regarding wherein said first pressing portion (16, 104, Figs. 1-4 of Lin) has a plurality of spaced-apart first blind holes, and said second pressing portion (18, 124, Figs. 1-4 of Lin) has a plurality of spaced-apart second blind holes.
Hanson teaches a related handheld massage device (Fig. 1, see Figs. 6-8) wherein the pressing portion (the elongated body portion manipulated by the user’s hand as they apply massage forces, Figs. 6-8) has a plurality of spaced-apart first blind holes (“a pair of round, cup-shaped, shallow finger-tip accommodating depressions 20” see Figs. 3-4 and Fig. 7; see the penultimate sentence of [0022]. These depressions are blind holes because they only extend partway through the body as seen in Fig. 4). These holes allow the user to stabilize the device and facilitate moving the device (see the last sentence of [0026]). One of ordinary skill in the art would recognize that these blind holes could be advantageously applied to a pair of handles to form first and second spaced-apart blind holes.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first pressing portion and the second pressing portion of Lin/Koth/Spratt to each have a plurality of spaced-apart blind holes as taught by Hanson because these allow finger-tips to be accommodated to further improve the stability of the device and facilitate moving the device.
Response to Arguments
Applicant's arguments filed March 16, 2026, have been fully considered but they are not persuasive.
Regarding the argument that Lin’s massage protrusions (102, 122) are configured as cylinders with a spherical distal end, and the handles (10, 12) are not directly pivoted to each other, thus failing to anticipate the invention as recited in amended claim 1 (see the last paragraph of page 7 of the Remarks, through the third paragraph of page 8 of the Remarks), this argument has been considered, but it is moot because claim 1 is now rejected under 35 USC 103 as being unpatentable over Lin in view of Koth and Spratt (see above).
Regarding the argument that the remaining cited references do not cure the deficiencies of Lin with respect to amended claim 1 (see the last paragraph of page 8 of the Remarks, through the second paragraph of page 9 of the Remarks), this argument has been considered, but it is moot because claim 1 is now rejected under 35 USC 103, and the Koth and Spratt references have been relied upon to cure any deficiencies of Lin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nam et al. (KR 2016-0041863 A) discloses a related massage device with pivoting mechanisms that have a single pivot rod directly coupling two pivoting components.
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.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
/TIMOTHY A STANIS/ Supervisory Patent Examiner, Art Unit 3785