Prosecution Insights
Last updated: April 17, 2026
Application No. 18/355,780

MASSAGER

Non-Final OA §112
Filed
Jul 20, 2023
Examiner
HURLEY, SHAUN R
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
95%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
1285 granted / 1655 resolved
+7.6% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
1683
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
32.8%
-7.2% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
28.5%
-11.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1655 resolved cases

Office Action

§112
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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, at least the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. fixed cavity massage member driving mechanism connecting structure electronically controlled massage auxiliary member electric heating sheet positive and negative electrode conducting wires vibrator electric connecting wire rotating shaft of the first motor rotating shaft of the second motor Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are further objected to because it is unclear what Detail 4 is directed toward. The line seems to point to a general area, but it is not clear what is considered a “matching structure”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are still further objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 220. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are still further objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 51. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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. Claims 1-12 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. Generally, the claims are replete with errors, making it difficult to discern the inventive concept to be examined. Specifically, in regards to Claim 1, the phrase “a telescopic rotary driver and matching structure” is unclear. What is this matching structure? How is this structure different from the telescopic rotary driver itself? Does the telescopic rotary driver not have a structure? One of ordinary skill in the art, reading this phrase, would not understand what was being claimed. Further in regards to Claim 1, the phrase “the driving part” lacks proper antecedent basis. Still further in regards to Claim 1, the phrase “the cavity wall” lacks proper antecedent basis. Still further in regards to Claim 1, the phrase “the connecting portion and the connecting structure of the matching structure” lacks proper antecedent basis. Still further in regards to Claim 1, the phrase “the two separate conductive probes” lacks proper antecedent basis. In regards to Claim 2, the phrase “the connecting structure” is unclear. Which connecting structure of those disclosed is being referenced? In regards to Claim 3, the phrase “a rotating shaft” is unclear. Is this the rotating shaft of Claim 1? If so, why is it introduced as a new component? If not, no second rotating shaft is shown in the figures. In regards to Claim 11, the phrase “the limiting ring body” lacks proper antecedent basis. Further in regards to Claim 11, the phrase “the inner hole” lacks proper antecedent basis. In regards to Claim 12, the phrase “a fixed cavity” is unclear. Is this separate from the fixed cavity found in Claim 1? Neither is shown in the drawings, making it difficult to discern what is being claimed. Further in regards to Claim 12, the phrase “the transitional channel” lacks proper antecedent basis. Still further in regards to Claim 12, the phrase “the electric connecting wire” lacks proper antecedent basis. The remaining claims inherit the rejection by dependency. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record. Specifically, at least Sloan (20190350800), Yao (CN 206867407), Yao (CN 206837099), and Yao (CN 206777497) teach elements similar to those as currently claimed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm. 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, Clinton T Ostrup can be reached at (571) 272-5559. 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. /SHAUN R HURLEY/Primary Examiner, Art Unit 3732
Read full office action

Prosecution Timeline

Jul 20, 2023
Application Filed
Feb 03, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
95%
With Interview (+17.4%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1655 resolved cases by this examiner. Grant probability derived from career allow rate.

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