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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1, and thus its dependent claims, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation of “wherein the massage head comprises a massage hammer head and a massage pressure head”, however it is unclear from Applicant’s specification and/or drawings if these are two separate components or a part of the same component/massage head. For the purpose of examination, the Examiner has taken this limitation to mean the massage head comprises a hammer-like shaped head capable of exerting pressure/massaging effects onto a user.
Additionally, claim 1 recites the limitation of “a tail end of the massage stick is a threaded end externally connecting a base”, with the external thread disposed on the tail end indicated as element 5 in Applicant’s specification and Drawings. However, it is unclear from Applicant’s specification and/or drawings what “base” this external thread 5 is connected to, as none of the Figures show any type of separate base structure connected to thread 5. For the purpose of examination, the Examiner has taken this limitation to simply mean the tail end of the massage stick comprises an external thread capable of connecting to a mating threaded structure.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Carey (US 2019/0247270 A1) in view of Sun (US 2021/0386616 A1).
Regarding claim 1, Carey teaches a massage device (device 10 comprising a head 18 configured to massage a user, Paragraph 0031 and Figure 1), comprising a massage stick (handle 12, Paragraph 0028 and Figure 1) with a massage head (massage head 18, Figure 1 and Paragraphs 0030-0031), wherein the massage head comprises a massage hammer head and a massage pressure head (the Examiner notes the 112b rejection presented above regarding this limitation – with the Examiner noting Carey’s massage head 18 is a hammer-like shaped head comprising a second end 26 forming a convex shaped configured to apply pressure and/or massage a user, Figure 1 and Paragraph 0031); a head end of the massage stick is a connecting end for connecting the massage hammer head or the massage pressure head (the massage end 14 of handle 12 removably couples the massage head 18 with the end 14 of handle 12, Paragraphs 0025-0026 and Figure 1); and a tail end of the massage stick is a threaded end for externally connecting a base (the second end 16 of handle 12 comprises a threaded end 64 for securing a bottom cap 20 to the second end 16 of handle, Paragraph 0032 and Figures 3-5).
Although Carey teaches the massaging head secured to a handle and/or stick, Carey is silent wherein the massage stick has an adjustable length.
However, Sun teaches a similar massaging stick device (Abstract and Figure 1) comprising a massaging head (massaging part 2, Paragraph 0023 and Figures 1-4) connectable to a stick and/or handle (stick body 1, Figure 1) wherein the stick has an adjustable length (stick body 1 is set to be a telescoping rod with an adjustable length, Paragraph 0019).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by having the handle be that of a telescoping handle/rod with an adjustable length, as taught by Sun, as providing a handle with an adjustable length would allow the user to adjust the length of the device as needed, allowing the device to massage hard-to-reach areas of the user’s body.
Regarding claim 2, Sun further teaches wherein the massage stick is a telescopic stick (stick body 1 is set to be a telescoping rod with an adjustable length, Paragraph 0019).
Regarding claim 3, Sun further teaches wherein the massage stick is a segmented connecting stick, and at least comprises a first stick body and a second stick body which are coaxially and spirally connected to each other (telescopic rod 1 may include a pipe section with a relatively large diameter and two pipe sections with relatively small diameters, such that the pipe section with the larger diameter is sleeved outside the small diameter pipe sections, to therefore be coaxially and spirally connected to each other, Paragraph 0022).
Regarding claim 4, Carey further teaches wherein a connecting end of a head end of the stick is a thread (first end 14 of handle comprises a threaded bore 58, Paragraph 0027 and Figure 4), and a threaded end of a tail end of the stick is a thread (second end 16 of handle 12 comprises a threaded bore 64, Paragraph 0032 and Figure 5).
Again, Carey is silent on the stick being telescopic, and although Carey teaches threaded surfaces on both the first and second ends of the handle/stick, Carey is silent on the threads being external threads.
However, Sun teaches a similar massaging stick device (Abstract and Figure 1) comprising a massaging head (massaging part 2, Paragraph 0023 and Figures 1-4) connectable to a stick and/or handle (stick body 1, Figure 1) wherein the stick is telescopic (stick body 1 is set to be a telescoping rod with an adjustable length, Paragraph 0019), further teaching external threads disposed on both a first and second end of the handle to thereby connect mating components (external threads 12 are formed on the outer walls of the connection pipe 3 at two ends, Paragraph 0047 and Figure 3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by having the handle be that of a telescoping handle/rod with an adjustable length, as taught by Sun, as providing a handle with an adjustable length would allow the user to adjust the length of the device as needed, allowing the device to massage hard-to-reach areas of the user’s body. Additionally, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by having the internal threads disposed on either end of the handle be replaced with external threads, as taught by Sun, as changing internal threads to external threads is simply a rearrangement of parts that would result in the same function, with the use of external threads also offering the potential benefits of a faster and cheaper manufacturing process.
Regarding claim 5, Carey further teaches wherein a threaded end of a tail end of the first stick body is a thread (second end 16 of handle 12 comprises a threaded bore 64, Paragraph 0032 and Figure 5), a head end of the first stick body is a thread (first end 14 of handle comprises a threaded bore 58, Paragraph 0027 and Figure 4), and a connecting end of a head end of the second stick body is a thread or a plain shaft end (first end 14 of handle comprises a threaded bore 58, Paragraph 0027 and Figure 4).
Again, although Carey teaches threaded surfaces on both the first and second ends of the handle/stick, Carey is silent on the threads being external threads, and is silent on the first stick body being spirally connected to a second stick body, a tail end of the second stick body is spirally connected to the head end of the first stick body.
However, Sun teaches a similar massaging stick device (Abstract and Figure 1) comprising a massaging head (massaging part 2, Paragraph 0023 and Figures 1-4) connectable to a stick and/or handle (stick body 1, Figure 1) wherein the stick is telescopic (stick body 1 is set to be a telescoping rod with an adjustable length, Paragraph 0019), further teaching the stick body being comprising of a first and second stick body such that the first body is spirally connected to a second stick body, such that a tail end of the second stick body is spirally connected to the head end of the first stick body (telescopic rod 1 may include a pipe section with a relatively large diameter and two pipe sections with relatively small diameters, such that the pipe section with the larger diameter is sleeved outside the small diameter pipe sections, to therefore be coaxially and spirally connected to each other, Paragraph 0022).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by having the handle be comprised of two stick bodies spirally connected to one another, forming a telescoping rod/handle, as taught by Sun, as providing a handle with an adjustable length would allow the user to adjust the length of the device as needed, allowing the device to massage hard-to-reach areas of the user’s body. Additionally, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by having the internal threads disposed on either end of the handle be replaced with external threads, as taught by Sun, as changing internal threads to external threads is simply a rearrangement of parts that would result in the same function, with the use of external threads also offering the potential benefits of a faster and cheaper manufacturing process.
Regarding claim 6, Carey further teaches wherein the massage hammer head is provided with a jack for inserting the head end of the massage stick (the insertion of the first end 14 of handle 12 is facilitated by an attachment member 50 disposed within head 18, Paragraph 0027 and Figure 1).
Regarding claim 7, Carey further teaches wherein the massage pressure head is provided with an internal thread (first end 14 of handle comprises a threaded bore 58, Paragraph 0027 and Figure 4) for being spirally connected to the external thread of the head end of the stick (attachment member 50 comprising external threads mates with the internal threaded bore 58, Figure 1).
Although Carey teaches the massaging head secured to a handle and/or stick, Carey is silent wherein stick being telescopic.
However, Sun teaches a similar massaging stick device (Abstract and Figure 1) comprising a massaging head (massaging part 2, Paragraph 0023 and Figures 1-4) connectable to a stick and/or handle (stick body 1, Figure 1) wherein the stick has an adjustable length (stick body 1 is set to be a telescoping rod with an adjustable length, Paragraph 0019).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by having the handle be that of a telescoping handle/rod with an adjustable length, as taught by Sun, as providing a handle with an adjustable length would allow the user to adjust the length of the device as needed, allowing the device to massage hard-to-reach areas of the user’s body.
Regarding claim 8, Carey further teaches wherein the massage pressure head is provided with an internal thread (first end 14 of handle comprises a threaded bore 58, Paragraph 0027 and Figure 4) for being spirally connected to the external thread of the head end of the first stick body (attachment member 50 comprising external threads mates with the internal threaded bore 58, Figure 1).
Regarding claim 10, Carey further teaches wherein the base is a chuck (the Examiner notes the 112b rejection presented above for claim 1 regarding the term “base”, with the examiner interpreting the term “base” as any threaded component capable of mating with the second end of the massage stick. Therefore, Carey’s metal cap 20 secured to the second end 16 of the handle 12 is being interpreted as the base/chuck component).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Carey (US 2019/0247270 A1) in view of Sun (US 2021/0386616 A1) and in further view of Week (US 2017/0095689 A1).
Regarding claim 9, Carey teaches the massage device according to claim 1, and although Carey teaches a soft skin outer material for the massage head (massage head 18 is composed of a soft rubber material, Paragraph 0029), Carey doesn’t explicitly state wherein the massage pressure head is composed of a metal hard inner bone and a soft skin, and the soft skin is wrapped on an outer surface of the metal hard inner bone.
However, Week teaches a massage device (Abstract and Figure 20) comprising a massage pressure head (massage head 80, Figure 20) such that the massage head comprises a metal inner material that is wrapped on an outer surface with a soft skin material (inner metal retainers 88 and 96 with a self-skinning urethane foam 56 for outer covering, Paragraph 0093 and Figure 20).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Carey’s massaging device by providing a metal inner core for the massaging head, such that the soft rubber material covers the metal inner core, as taught by Week, as providing a metal inner core in the massaging head may provide more structural integrity to the massaging head and allow a larger degree of pressure/force to be applied to the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Wag (US 10,154,940 B2) and Steffen et al. (5,566,418)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785