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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to because figs. 4, 5, 7, 9, and 11 contain an assembly having a plurality of parts, some form of connection to indicate that all of the parts are part of the same assembly is missing. A connecting axis or bracket is needed to show that the plurality of parts are part of the same assembly. See 37 C.F.R. 1.84(h)(1).
The drawings are objected to because all of the lead lines and structural outlines in figs. 1-16 are faded/dotted. Every line must be durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined. Additionally, the weight of all lines must be heavy enough to permit adequate reproduction. See 37 C.F.R. 1.84(l).
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains legal phraseology, (i.e., the term “comprises” in lines 2, 3, and 5 of the abstract). Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: the specification includes section headings which are bolded. Section headings are required to be in all upper case font with no underline or bold text. See MPEP 37 C.F.R. 1.154(c).
Claim Objections
Claim 7 is objected to because of the following informalities:
In claim 7, line 1, the term “the width direction” is suggested to be changed to --a width direction-- in order to clarify the claim. It is noted that the claim 7 is dependent on claim 2, not claim 3.
In claim 7, lines 2-3, the term “the same side” is suggested to be changed to --a same side-- in order to clarify the claim.
Appropriate correction is required.
Claim Interpretation
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the limitation “a first kneading component” (claim 1, line 2, the term “component” is a generic placeholder and the function is “kneading”), “a second kneading component” (claim 1, line 3, the term “component” is a generic placeholder and the function is “kneading”), “a percussion member” (claim 1, line 7, the term “member” is a generic placeholder and the function in the current context is “percussion”), “a first conversion component is attached to the first shaft; the first conversion component is configured to convert the rotational force of the first shaft into a swing motion of the first kneading component” (claim 5, lines 1-4, the term “component” is a generic placeholder and the function is “conversion” and “is configured to convert the rotational force of the first shaft into a swing motion of the first kneading component”), “a first eccentric member” (claim 6, line 2, the term “member” is a generic placeholder and the function is “eccentric”), “a first guiding restriction member” (claim 6, lines 6-7, the term “member” is a generic placeholder and the function is “guiding restriction”), “a second conversion component is provided on the first shaft; the second conversion component is configured to convert the rotational force of the first shaft into a swinging motion of the second kneading component” (claim 8, lines 1-4, the term “component” is a generic placeholder and the function is “conversion” and “configured to convert the rotational force of the first shaft into a swinging motion of the second kneading component”), “a second eccentric member” (claim 9, line 3, the term “member” is a generic placeholder and the function is “eccentric”), “a second guiding restriction member” (claim 9, line 8, the term “member” is a generic placeholder and the function is “guiding restriction”), “an eccentric component” (claim 10, line 2, the term “component” is a generic placeholder and the function is “eccentric”), “a third guiding restriction member” (claim 11, line 2, the term “member” is a generic placeholder and the function is “guiding restriction”), “a second conversion component” (claim 15, line 2, the term “component” is a generic placeholder and the function is “conversion”), “a second eccentric member” (claim 16, line 3, the term “member” is a generic placeholder and the function is “eccentric”), and “the second guiding restriction member” (claim 16, line 8, the term “member” is a generic placeholder and the function is “guiding restriction”).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“a first kneading component” (claim 1, line 2): corresponding structure cannot be clearly determined, see the 112(b) rejection below.
“a second kneading component” (claim 1, line 3): corresponding structure cannot be clearly determined, see the 112(b) rejection below.
“a percussion member” (claim 1, line 7): a percussion member M3 for figs. 8-9, see paragraph 0050 and percussion member MA for fig. 13, see paragraphs 0062, both percussion members are being interpreted as a protruding portion.
“a first conversion component is attached to the first shaft; the first conversion component is configured to convert the rotational force of the first shaft into a swing motion of the first kneading component” (claim 5, lines 1-4): first conversion component 8, which includes a first eccentric member 8A, a first swinging sleeve 8B and a first bearing member 8C, see paragraph 0054, see figs. 6-7.
“a first eccentric member” (claim 6, line 2): first eccentric member 8A, paragraph 0054, fig. 6.
“a first guiding restriction member” (claim 6, lines 6-7): first guiding restriction member 10 that is ball-jointed to body 1 or first swinging sleeve 8B, fig. 6 and paragraph 00054.
“a second conversion component is provided on the first shaft; the second conversion component is configured to convert the rotational force of the first shaft into a swinging motion of the second kneading component” (claim 8, lines 1-4) : second conversion component 9 includes a second eccentric member 9A, a second swinging sleeve 9B, and a second bearing member 9C, see paragraph 0055.
“a second eccentric member” (claim 9, line 3): second eccentric member 9A, fig. 7 and paragraph 0055.
“a second guiding restriction member” (claim 9, line 8): second guiding restriction member 11, fig. 7 and paragraph 0055.
“an eccentric component” (claim 10, line 2): eccentric member M43, figs. 8-9 and paragraph 0050 or eccentric wheel MB in fig. 13 and paragraph 0062.
“a third guiding restriction member” (claim 11, line 2): limiting rod MD in fig. 13, paragraph 0062.
“a second conversion component” (claim 15, line 2): second conversion component 9 includes a second eccentric member 9A, a second swinging sleeve 9B, and a second bearing member 9C, see paragraph 0055.
“a second eccentric member” (claim 16, line 3): second eccentric member 9A, fig. 7 and paragraph 0055.
“the second guiding restriction member” (claim 16, line 8): second guiding restriction member 11, fig. 7 and paragraph 0055.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 3-6 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 3, the limitation “the first shaft is positioned on one side of the limb” (claim 3, lines 1-2) appears to positively claiming human body parts. Applicant is suggested to use --for--, --adapted to--, --configured to-- or --whereby-- clause in order to avoid positively claiming the human body parts.
Any remaining claims are rejected for their dependency on rejected base claim.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim limitations “a first kneading component” (claim 1, line 2) and “a second kneading component” (claim 1, line 3) invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Regarding the limitation “a first kneading component”, the specification discloses in paragraph 0005 that the first kneading device includes a first kneading component and further discloses in paragraph 0008 that preferably, the first kneading device includes a first swinging arm coupled with the first kneading component. Paragraph 0043 further discloses that the first kneading component is “2”, however, paragraph 0046 discloses that “2” is a first kneading device. It is not clear as to what the corresponding structure of the first kneading component is. It is unclear if the first kneading component’s corresponding structure is the first kneading device or a subcomponent of the first kneading device, if it is a subcomponent of the first kneading device, the specification is not clear on the corresponding structure of the first kneading component. Regarding the limitation “a second kneading component”, the specification discloses in paragraph 0005 that the second kneading device includes a second kneading component and further discloses in paragraph 0013 that preferably, the second kneading device includes a second swinging arm coupled with the second kneading component. Paragraph 0043 further discloses that the second kneading component is “3”, however, paragraph 0046 discloses that “3” is a second kneading device. It is not clear as to what the corresponding structure of the second kneading component is. It is unclear if the second kneading component’s corresponding structure is the second kneading device or a subcomponent of the second kneading device, if it is a subcomponent of the second kneading device, the specification is not clear on the corresponding structure of the second kneading component. Therefore, claim 1 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Any remaining claims are rejected for their dependency on a rejected base claim.
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 1-20 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 pre-AIA the applicant regards as the invention.
Claim limitations “a first kneading component” (claim 1, line 2) and “a second kneading component” (claim 1, line 3) invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Regarding the limitation “a first kneading component”, the specification discloses in paragraph 0005 that the first kneading device includes a first kneading component and further discloses in paragraph 0008 that preferably, the first kneading device includes a first swinging arm coupled with the first kneading component. Paragraph 0043 further discloses that the first kneading component is “2”, however, paragraph 0046 discloses that “2” is a first kneading device. It is not clear as to what the corresponding structure of the first kneading component is. It is unclear if the first kneading component’s corresponding structure is the first kneading device or a subcomponent of the first kneading device, if it is a subcomponent of the first kneading device, the specification is not clear on the corresponding structure of the first kneading component. Regarding the limitation “a second kneading component”, the specification discloses in paragraph 0005 that the second kneading device includes a second kneading component and further discloses in paragraph 0013 that preferably, the second kneading device includes a second swinging arm coupled with the second kneading component. Paragraph 0043 further discloses that the second kneading component is “3”, however, paragraph 0046 discloses that “3” is a second kneading device. It is not clear as to what the corresponding structure of the second kneading component is. It is unclear if the second kneading component’s corresponding structure is the second kneading device or a subcomponent of the second kneading device, if it is a subcomponent of the second kneading device, the specification is not clear on the corresponding structure of the second kneading component. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 7, the limitation “the second kneading portion” (line 2) lacks proper antecedent basis. Furthermore, it is unclear if the second kneading portion is referring to the second kneading component or not. Furthermore, it is unclear if a first kneading portion is being claimed or not, to claim a second kneading portion without claiming a first kneading portion makes it unclear if a first kneading portion is required by the claim.
Regarding claim 8, the limitation “a second conversion component” (lines 1-2) is unclear if there is a first conversion component being claimed or not, to claim a second conversion component without claiming a first conversion component makes it unclear if a first conversion component is required by the claim. It is noted that claim 8 is not dependent on claim 5.
Regarding claim 9, the limitation “a second swinging arm” (line 2) is unclear if a first swinging arm is being claimed or not, to claim a second swinging arm without claiming a first swinging arm makes it unclear if a first swinging arm is required by the claim. It is noted that claim 9 is not dependent on claim 6.
Regarding claim 9, the limitation “ a second eccentric member” (line 3) is unclear if a first eccentric member is being claimed or not, to claim a second eccentric member without claiming a first eccentric member makes it unclear if a first eccentric member is required by the claim. It is noted that claim 9 is not dependent on claim 6.
Regarding claim 9, the limitation “a second swinging sleeve” (lines 3-4) is unclear if a first swinging sleeve is being claimed or not, to claim a second swinging sleeve without claiming a first swinging sleeve makes it unclear if a first swinging sleeve is required by the claim. It is noted that claim 9 is not dependent on claim 6.
Regarding claim 9, the limitation “a second guiding restriction member” (line 8) is unclear if a first guiding restriction is being claimed or not, to claim a second guiding restriction member without claiming a first guiding restriction member makes it unclear if a first guiding restriction member is required by the claim. It is noted that claim 9 is not dependent on claim 6.
Regarding claim 10, the limitation “the swinging sleeve” (line 3) lacks proper antecedent basis.
Regarding claim 11, the limitation “a third guiding restriction member” (line 2) is unclear if a first guiding restriction member and a second guiding restriction member being claimed or not, to claim a third guiding restriction member without claiming a first guiding restriction member and a second guiding restriction member makes it unclear if a first guiding restriction member and a second guiding restriction member are required by the claim.
Regarding claim 15, the limitation “a second conversion component” (line 2) is unclear if a first conversion component is being claimed or not, to claim a second conversion component without claiming a first conversion component makes it unclear if a first conversion component is required by the claim.
Regarding claim 15, the limitation “the second kneading portion” (line 4) lacks proper antecedent basis. Furthermore, it is unclear if the second kneading portion is referring to the second kneading component or not. Furthermore, it is unclear if a first kneading portion is being claimed or not, to claim a second kneading portion without claiming a first kneading portion makes it unclear if a first kneading portion is required by the claim.
Regarding claim 16, the limitation “a second swinging arm” (line 2) is unclear if a first swinging arm is being claimed or not, to claim a second swinging arm without claiming a first swinging arm makes it unclear if a first swinging arm is required by the claim. It is noted that claim 16 is not dependent on claim 6.
Regarding claim 16, the limitation “ a second eccentric member” (line 3) is unclear if a first eccentric member is being claimed or not, to claim a second eccentric member without claiming a first eccentric member makes it unclear if a first eccentric member is required by the claim. It is noted that claim 16 is not dependent on claim 6.
Regarding claim 16, the limitation “a second swinging sleeve” (line 4) is unclear if a first swinging sleeve is being claimed or not, to claim a second swinging sleeve without claiming a first swinging sleeve makes it unclear if a first swinging sleeve is required by the claim. It is noted that claim 16 is not dependent on claim 6.
Regarding claim 16, the limitation “the second guiding restriction member” (line 8) lacks proper antecedent basis. Furthermore, it is unclear if a first guiding restriction member is being claimed or not, to claim a second guiding restriction member without claiming a first guiding restriction member makes it unclear if a first guiding restriction member is required by the claim. It is noted that claim 16 is not dependent on claim 6.
Regarding claim 17, the limitation “the first swinging arm” (lines 1-2) lacks proper antecedent basis. It is noted that claim 17 is not dependent on claim 16.
Regarding claim 18, the limitation “a second massage airbag” (line 2) is unclear if a first massage airbag is being claimed or not, to claim a second massage airbag without claiming a first massage airbag makes it unclear if a first massage airbag is required by the claim. It is noted that claim 18 is not dependent on claim 17.
Regarding claim 20, the limitation “armrests, wherein the armrest” (line 1) is unclear because the term “the armrest” lacks proper antecedent basis, it is unclear if “the armrest” is referring an arm rest of the armrests, or the armrests or a different armrest. If the armrest is part of the armrests, suggest to amend to --an armrest of the armrests--.
Any remaining claims are rejected for their dependency on a rejected base claim.
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 (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 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 and 19 as best understood are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (CN 110812163).
Regarding claim 1, Zhou discloses a limb massager mechanism (entire assembly in fig. 2 and the airbag 7 and correspond structure for inflating 7, see figs. 1-3 and paragraph 0037 of the English translation), comprising a body (21, fig. 1, paragraph 0037), a first kneading device (7 and corresponding structure to inflate air bag 7, fig. 1, paragraph 0041, Zhou discloses that the airbag 7 is above the placement seat 21, and the airbag 7 and the upper end surface of the placement seat 21 form an arm placement area, furthermore, paragraph 0018, Zhou discloses that the airbag inflates and presses down on the palm and arm, so that the palm area makes more full contact with the massage roller and the arm area makes more full contact with the pressure block, resulting in a better massage effect, therefore airbag 7 is a first kneading device), and a second kneading device (21, 22, 47, 42, 24, 46, 43, 41, 44, 45 and 8, figs. 1-6 and paragraphs 0037-0038 and 0042); the first kneading device comprises a first kneading component (airbag 7, see paragraphs 0018 and 0041); the second kneading device comprises a second kneading component (21, 22, 47, 42, 24, 46, 43, and 8, figs. 1-6 and paragraphs 0037-0038 and 0042); a massage space for clamping a limb is formed between the first kneading component and the second kneading component (the massage space is 11, fig. 1 and paragraph 0037, furthermore, when airbag 7 inflate, the limb would be clamped, see paragraphs 0018 and 0041); wherein the limb massager mechanism comprises a percussion massage device (23, 4, 25, and 26, figs. 1-3 and paragraphs 0037, 0039, and 0040); the percussion massage device is equipped with a percussion member (23, figs. 1-6 and paragraphs 0037, 0039, and 0040) capable of penetrating the second kneading component to perform percussive massage on the limb within the massage space (see figs. 1-6 and paragraphs 0037, 0039, and 0040, the percussion member 23 would penetrate 21 of the second kneading component).
Regarding claim 19, Zhou discloses a limb massager (entire arm massage device shown in fig. 1, paragraph 0037 of the English translation) having both kneading and percussion massage, comprising the limb massage mechanism of claim 1 (entire assembly in fig. 2 and the airbag 7 and correspond structure for inflating 7, see figs. 1-3 and paragraph 0037).
Claims 1-13 and 17-18 as best understood are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okamoto (CN 112603746).
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Regarding claim 1, Okamoto discloses a limb massager mechanism (entire device in fig. 1, paragraphs 0028 and 0037), comprising a body (201, fig. 1, paragraph 0050), a first kneading device (see the annotated-Okamoto figs. 1 and 4 above, the first kneading device is formed above the dashed line on the right side, which includes 36, 32, 322, 321, 12, 33, 312, 311, 34, 37, 31, see figs. 1-4 for reference and the annotated-Okamoto figs. 1 and 4 above), and a second kneading device (see the annotated-Okamoto figs. 1 and 4 above, the second kneading device is formed by the structure below the dashed line and is on the right side, which includes the structure that comprises 46, 441, 41, 42, 422, 11, 421, 442, 44, 412, 21, 201, see figs. 1-4 for reference); the first kneading device comprises a first kneading component (36 and 32 on the right side, see fig. 2 for reference and paragraph 0040); the second kneading device comprises a second kneading component (44, 12, 41, 442, 201 and 46 supporting the sole of the foot, and the plate comprising opening for accommodating 45, see figs. 1-4 and the annotated-Okamoto, paragraphs 0049-0051 and 0059); a massage space for clamping a limb is formed between the first kneading component and the second kneading component (see the annotated-Okamoto fig. 1 above); wherein the limb massager mechanism comprises a percussion massage device (43, 45, 431 and 13, figs. 1-3 and paragraphs 0045, 0048-0049 and 0059); the percussion massage device is equipped with a percussion member (45, figs. 1-4 and paragraphs 0045, 0048-0049 and 0059) capable of penetrating the second kneading component to perform percussive massage on the limb within the massage space (see figs. 1-4 and paragraphs 0045, 0048-0049 and 0059, the head 45 moves back and forth as the arm 43 is being swung back and forth, therefore, depending how the user position a body part to be massage, the head would be able to tap the user’s body part).
Regarding claim 2, Okamoto discloses that the limb massage mechanism comprises a first shaft (see shaft 23 in the annotated-Okamoto fig. 4 above relative to the annotated-Okamoto fig. 1 above, see paragraphs 0038, 0040-0042, 0045-0048, and 0056) configured for driving the first kneading component and the second kneading component to move towards or away from each other; the first shaft is configured to extend along a length direction of the limb within the massage space (see the annotated-Okamoto figs. 1 and 4 above, and paragraphs 0038, 0040-0042, 0045-0048, and 0056).
Regarding claim 3, Okamoto discloses that the first shaft is positioned on one side of the limb, while the first kneading component is situated on the opposite side, along a width direction of the limb, relative to the first shaft (see the annotated-Okamoto figs. 1 and 4 above, and paragraphs 0038, 0040-0042, 0045-0048, and 0056, when a limb is being received to be massaged, the first shaft 23 is positioned on one side of the limb, and relatively, while the first kneading component is situated on the opposite side along a width direction of the limb, relative to the first shaft 23).
Regarding claim 4, Okamoto discloses that the first kneading device (see the annotated-Okamoto figs. 1 and 4 above) comprises a first swinging arm (32 on the right side, see the annotated-Okamoto figs. 1 and 2 above) coupled with the first kneading component; the first swinging arm is extended across the massage space to attach to the first shaft (see the annotated-Okamoto figs. 1, 2 and 4 above, as shown, the first swinging arm formed by 32 on the right side is extended across the massage space to attach to the first shaft 23, see paragraphs 0038, 0040-0042, 0045-0048, and 0056).
Regarding claim 5, Okamoto discloses a first conversion component (321 and portion of 32 that is sleeved over 321 (first swinging sleeve, see the annotated-Okamoto detail view of fig. 4 above), see the annotated-Okamoto figs. 1, 2 and 4 above and paragraph 0042) is attached to the first shaft (23); the first conversion component is configured to convert the rotational force of the first shaft into a swing motion of the first kneading component (see paragraph 0042).
Regarding claim 6, Okamoto discloses that the first conversion component comprises a first eccentric member (321, see the annotated-Okamoto detail view of fig. 4 above) and a first swinging sleeve (see the annotated-Okamoto detail view of fig. 4 above); the first eccentric member is mounted on and rotates with the first shaft (23); the first swinging sleeve is fitted over the first eccentric member and connected to the first swinging arm (see the annotated-Okamoto detail view of fig. 4 above with reference to the annotated-Okamoto figs. 1, 2 and 4 above, the first swinging sleeve is fitted sleeve is fitted over the first eccentric member 321 and is connected to the first swing arm via the first kneading component); a swinging axis of the first swinging sleeve coincides with a rotational axis of the first eccentric member (see paragraph 0042, in order for 321 to rotate within the sleeve, their axes can be defined such that the axes coincide with one another); the first swinging sleeve is secured to the body via a first guiding restriction member (rod 12 that restrict the movement of the arm 32 and first swinging sleeve, see the annotated-Okamoto detail view of fig. 4 above and the annotated-Okamoto figs. 1, 2 and 4 above, see paragraphs 0037, 0041-0042 and 0045), limiting rotation of the first swinging sleeve independent of the first eccentric member (see the annotated-Okamoto detail view of fig. 4 above and the annotated-Okamoto figs. 1, 2 and 4 above, see paragraphs 0037, 0041-0042 and 0045, rod 12 would limit rotation of the first swinging sleeve independent of the first eccentric member in that rod 12 is independent of the first eccentric member 321 and is also responsible for limiting rotation of the first swinging sleeve).
Regarding claim 7, Okamoto discloses that the width direction of the limb, the second kneading portion and the first shaft are positioned on the same side (see the annotated-Okamoto fig. 1 above, relative to the assembly that receive the other limb in the left side and relative to the width direction of the limb on the left side, the second kneading portion and the first shaft are positioned on the same side).
Regarding claim 8, Okamoto discloses a second conversion component (second eccentric member (see 411 for reference) on the right side and portion of 41 that is sleeved over the eccentric portion 411, see the annotated-Okamoto detail view of fig. 4 above and the annotated-Okamoto fig. 1 above, paragraph 0046) is provided on the first shaft (23); the second conversion component is configured to convert the rotational force of the first shaft into a swinging motion of the second kneading component (paragraph 0046).
Regarding claim 9, Okamoto discloses that the second kneading device comprises a second swinging arm (see the annotated-Okamoto fig. 4 above) coupled with the second kneading component (see the annotated-Okamoto fig. 4 above, the second swinging arm is coupled 44 of the second kneading component); the second conversion component comprises a second eccentric member (see 411 for reference, see the annotated-Okamoto fig. 4 above) and a second swinging sleeve (portion of 41 that sleeves over the second eccentric member, see the annotated-Okamoto fig. 4 above); the second swinging sleeve is fitted over the first shaft (23) and is rotated with the first shaft (the swinging sleeve pivot as the eccentric member 411 rotate, therefore, would rotate with the first shaft, see paragraph 0046); the second swinging sleeve is fitted over the second eccentric member and connected to the second swinging arm (see the annotated-Okamoto fig. 4 above, the second swinging sleeve is fitted over the second eccentric member and is connected to the second swinging arm via 44); a swinging axis of the second swinging sleeve coincides with a rotational axis of the second eccentric member (see paragraph 0046, in order for 411 to rotate within the sleeve 41, their axes can be defined such that the axes coincide with one another); the second swinging sleeve is secured to the body via a second guiding restriction member (rod 11 that restrict the movement of the second swinging arm and first swinging sleeve, see the annotated-Okamoto fig. 4 above and the annotated-Okamoto figs. 1-2 above, see paragraphs 0037, 0041-0042 and 0046), limiting rotation of the second swinging sleeve independent of the second eccentric member (see the annotated-Okamoto fig. 4 above and the annotated-Okamoto figs. 1-2 above, see paragraphs 0037, 0041-0042 and 0045-0046, rod 11 would limit rotation of the second swinging sleeve independent of the second eccentric member in that rod 11 is independent of the second eccentric member 411 and is also responsible for limiting rotation of the second swinging sleeve).
Regarding claim 10, Okamoto discloses that the percussion massage device comprises a percussion shaft (see shaft 23 in the annotated-Okamoto fig. 4 above relative to the annotated-Okamoto fig. 1 above, see paragraphs 0038, 0040-0042, 0045-0048, and 0056), and an eccentric component (431, fig. 3, paragraph 0048) fitted over the percussion shaft and rotated with the percussion shaft (see paragraph 0048); the swinging sleeve is fitted over the eccentric component (see the annotated-Okamoto fig. 2 above, the swinging sleeve is formed by portion of 43); a swinging axis of the swing sleeve coincides with a rotational axis of the eccentric component (see the annotated-Okamoto fig. 2 above and paragraph 0048, in order for shaft 23 to rotate 431 to pivot/rotate 43, the axes of 431 and the sleeve can be defined as axes that are coincides with each other); the percussion member (45, figs. 1-4 and paragraphs 0045, 0048-0049 and 0059) is secured to the swinging sleeve so that the percussion member is driven by the eccentric component and perform percussive massage (see paragraphs 0048-0049 and 0059).
Regarding claim 11, Okamoto discloses that the second kneading device comprises a third guiding restriction member (13, fig. 3, paragraph 0048) that allows radial movement of the percussion member (45, figs. 1-4 and paragraphs 0045, 0048-0049 and 0059) along the percussion shaft and restricts the rotation of the percussion member with the percussion shaft (paragraph 0048, the third guide restriction member 13 would allow radial movement of the percussion member 45, since 13 allows 43 to pivot 45 at a fulcrum, furthermore, 13 would restrict the rotation of the percussion member with the percussion shaft 23 since 45 can pivot radially but 13 would prevent additional rotation to take place when shaft 23 rotate).
Regarding claim 12, Okamoto discloses that the percussion massage device is fixedly connected to the second kneading device (see the annotated-Okamoto figs. 1-2 and 4 above, as shown, the percussion massage device is constrained within the limb massager mechanism and is therefore, fixedly connected to the second kneading device, in that in a certain direction, the percussion massage device and the second kneading device are fixed, this is being interpreted in the same manner as the applicant’s invention, for example, relative to fig. 1 of Okamoto, the percussion massage member 45 can pivot relative to the plate of the second kneading component that 45 extends through, but 45 would be fixed relative to the vertical direction (length direction) since 45 is prevented from moving upward and out of the opening formed by plate).
Regarding claim 13, Okamoto discloses that the third guiding restriction member is fixedly connected to the body (see the third guiding restriction member 13 in fig. 3 and paragraph 0048, the member 13 is fixed to body 201 in that 13 is positioned within 201, and once the entire assembly shown in fig. 1 are assembled, 13 is relatively fixed to the body since 13 is inserted into the fifth guide hole of 43 and 43 is relatively fixed within 201).
Regarding claim 17, Okamoto discloses that the first swinging arm (32 on the right side and the airbag 36, see the annotated-Okamoto figs. 1 and 2 above, see the first swinging arm that defines the first kneading device and component) is provided with a first massage airbag configured for squeezing and massaging the limb (see the annotated-Okamoto figs. 1-2 above, paragraph 0040, the airbag 36 is provided with the first swinging arm).
Regarding claim 18, Okamoto discloses that the second kneading component is provided with a second massage airbag configured for squeezing and massaging the limb (see the annotated-Okamoto figs. 1-2 and 4 above, the second kneading component include 46, which is a second massage airbag and the second, additionally, air bag 441 attached to 44 is also a part of the second kneading component which can also be interpreted as the second massage airbag, see paragraphs 0045 and 0050).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 20 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 110812163) in view of Pan (CN 211067880).
Regarding claim 20, Zhou disclose an armrest (see 1, paragraph 0037, figs. 1-6) is provided with the limb massage mechanism (see paragraph 0037), but fails to discloses a massage chair equipped with armrests and the arm rest is provided with the limb massage mechanism of claim 1.
However, Pan teaches a massage chair (massage chair shown in fig. 10 comprising handrail assembly 1, fig. 7, paragraphs 0002, 0004, 0007, 0020, 0029, 0032 and 0049) equipped with armrests, wherein the armrest is provided with a limb massage mechanism (entire mechanism shown in figs. 1 and 2, see mechanism (2, 3, 4, 5, 8, 9, 21, 11, paragraphs 0033-0040).
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 the limb massage mechanism as taught by Zhou to be part of an armrests of a massage chair as taught by Pan for the purpose of incorporating the limb massage mechanism onto a massage chair to provide massages to a user of the massage chair, thereby, providing therapeutic effects to the user’s arms while the user is being seated (see paragraphs 0002, 0004, 0007, 0020, 0029, 0032 and 0049 of Pan).
Claims 14-16 as best understood are rejected under 35 U.S.C. 103 as being unpatentable over Okamoto (CN 112603746).
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Regarding claim 14, Okamoto discloses that the limb massage mechanism further comprises a second shaft (23 on the right side) configured for driving the second kneading component and the first kneading component to move towards or away from each other (see paragraphs 0038, 0040-0043, 0045-0048, and 0056, the second shaft (23 on the right side) would drive the second kneading component such that the second kneading component and the first kneading component to move towards or away from each other); the second shaft is arranged substantially parallelly to the first shaft (see the annotated-Okamoto detail view of fig. 4 above, as shown, the shafts 23 on the right side and the left side are substantially parallelly arranged)(see the annotated-Okamoto fig. 3 above, for claim 14, the first kneading device is interpreted as the entire massage assembly on the left side, which has a first kneading component and a first shaft (23 on the left side), see the annotated-Okamoto figs. 1 and 3 above, furthermore, the second shaft is the shaft 23 on the right side, furthermore, the first shaft being the shaft 23 on the left side which would drive the first kneading component such that the first kneading component and the second kneading component are moved towards or away from each other), but fails to disclose that the first shaft and the second shafts are parallelly arranged.
However, the feature of choosing to have the shafts be parallelly arranged versus substantially parallelly arranged would have been obvious design choice, since such a modification would have involved a mere change in the form or shape or orientation of the first and second shafts to suit a user’s needs. A change in form or shape or orientation is generally recognized as being within the level of ordinary skill in the art.
Furthermore, if there is any doubt that arranging the first shaft to be parallel with the second shaft is an obvious design choice. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first shaft and the second shaft to be parallelly arranged, for the purpose of providing an angle between the two shafts that would allow the device to be used for its intended purpose, which is to massage the left limb and the right limb, and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable value(s) (degree/distance between the two shafts) involves only routine skill in the art. MPEP 2144.05(II)
Regarding claim 15, the modified Okamoto discloses that the second shaft (23 on the right side of Okamoto) is coupled with a second conversion component (second eccentric member (see 411 for reference) on the right side and portion of 41 that is sleeved over the eccentric portion 411, see the annotated-Okamoto detail view of fig. 4 above and the annotated-Okamoto fig. 1 above, paragraph 0046); the second conversion component is configured for converting the rotational force of the second shaft into a swinging motion of the second kneading portion (see paragraph 0046 of Okamoto).
Regarding claim 16, the modified Okamoto discloses that the second kneading device comprises a second swinging arm (see the annotated-Okamoto fig. 4 above) attached to the second kneading component (see the annotated-Okamoto fig. 4 above, the second swinging arm is coupled 44 of the second kneading component); the second conversion component comprises a second eccentric member (see 411 for reference, see the annotated-Okamoto fig. 4 above) and a second swinging sleeve (portion of 41 that sleeves over the second eccentric member, see the annotated-Okamoto fig. 4 above); the second eccentric member is fitted over the second shaft (23 on the right side) and rotates with the second shaft (the swinging sleeve pivot as the eccentric member 411 rotate, therefore, would rotate with the second shaft (23 on the right), see paragraph 0046 of Okamoto); the second swinging sleeve is fitted over the second eccentric member (see the annotated-Okamoto fig. 4 above, the second swinging sleeve is fitted over the second eccentric member); a swinging axis of the second swinging sleeve coincides with a rotational axis of the second eccentric member (see paragraph 0046, in order for 411 to rotate within the sleeve 41, their axes can be defined such that the axes coincide with one another); the second swinging sleeve is connected to the body through the second guiding restriction member (rod 11 that restrict the movement of the second swinging arm and first swinging sleeve, see the annotated-Okamoto fig. 4 above and the annotated-Okamoto figs. 1-2 above, see paragraphs 0037, 0041-0042 and 0046), limiting rotation of the second swinging sleeve independent of the second eccentric member (see the annotated-Okamoto fig. 4 above and the annotated-Okamoto figs. 1-2 above, see paragraphs 0037, 0041-0042 and 0045-0046, rod 11 would limit rotation of the second swinging sleeve independent of the second eccentric member in that rod 11 is independent of the second eccentric member 411 and is also responsible for limiting rotation of the second swinging sleeve).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inada (WO 2016/076080) is cited to show a massage device.
Nishitani (JP 2017143985) is cited to show a percussion massage device.
Okamoto (CN 212308390) is cited to show a thigh massager.
Pan (CN 210228668) is cited to show an arm knead massage mechanism.
Zhou (CN 110393660) is cited to show an arm massager.
Wu (CN 217091349) is cited to show an arm massage mechanism.
Okamoto (CN 215779599) is cited to show a massage device comprising an eccentric mechanism and an airbag.
Fujii (WO 2004/024054) is cited to show an arm massager comprising airbags.
Nagamitsu (8,348,870) is cited to show a massage apparatus using reciprocating plates comprising airbags.
Ishikawa (2017/0273857) is cited to show a massaging apparatus comprising an eccentric mechanism.
Nagamitsu (2010/0137758) is cited to show a massaging apparatus.
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/TU A VO/Primary Examiner, Art Unit 3785