DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Per the amendments to the Specification, the Specification objection has been withdrawn.
Per the amendments to the Drawings, the Drawings objections has been withdrawn.
Per the amendments to the claims, the Drawings objection has been withdrawn, the claim objections have been withdrawn, and the 35 U.S.C. 112(b) rejections have been withdrawn.
Response to Arguments
Applicant's arguments filed 08/20/2026 have been fully considered but they are not persuasive.
Applicant argues, per pages 9-10 of the Remarks filed 08/20/2026, that Yan fails to disclose the arc-shaped surface. The examiner respectfully disagrees.
As per MPEP 2125, the drawings can anticipate claims if they clearly show the structure of which is claimed, when the reference is a utility patent, it does not matter if the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art.
Additionally, as previously cited Yan discloses wherein the bottom end of the driving part is an arc-shaped surface (Yan Figure 8b; where the driving part ‘38’ is an arc shaped surface on the bottom end, as part of the movement structure) via page 13 of the Non-Final Rejection mailed 05/26/2026.
It is noted that, the arc shaped surface of the driving part ‘38’ of Yan is the same structure as claimed. There are no structures within the smoothly arced surface that would prevent the driving part ‘38’ with the arc shaped surface (as depicted and recreated below) from effectively avoiding jamming because the surface is smoothly curved on the inner side, where the features of anti-jamming are not claimed. As depicted and recreated for ease below, the bottom end of the driving part of Yan, is also an arc shaped surface. Additionally, the bottom end of Yan, is not shaped to contour to a human body as the structure is within the assembly not contacting the human body (See Yan Figure 4; where ‘38’ the driving part is within the structure that interfaces with the human body).
Lastly, it would have been readily understood by one of ordinary skill in the art to modify the movement structure of He, by making the bottom end of the driving part to be an arc-shaped surface and to have an inclined inner surface, since not only does this shape allow for the driving part to be received with the movement of the driving shaft, for allowing the movement of the swinging part to swing (Yan [065]), but also by making the bottom end of the driving part an arc-shaped surface with an inclined inner surface, the movement structure would additionally benefit from smoother movements of the driving part and less wear and tear on the device.
Claim Rejections - 35 USC § 103
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 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over He (US 11491078 B1) in view of Yan (US11771619B1).
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Recreated and annotated Figure 8b of Yan.
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Figure 1: annotated Figure 3/4 of He.
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Figure 2: annotated Figure 2 of He.
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Figure 3: annotated Figure 5 of He.
Regarding claim 1, He discloses a movement structure (Figure 2 above; where there is a movement structure), comprising:
a rotating motor, the rotating motor being provided with a rotating shaft extending upwards (Figure 2 above; where ‘31’ is a rotary motor (rotating motor) that is provided with a rotating shaft ‘31a’ that extends upwards);
a rotating seat, the rotating seat being connected to the rotating shaft (Figure 1 above; where there is a rotating seat that is connected to the rotating shaft ‘31a’ (Figure 2 above) via the hole ‘321’ for connection);
the rotating seat being provided with a driving shaft that deviates from an axis (Figure 1 above; where there is the rotating seat that has a driving shaft ‘322’ on it, that deviates from an axis because it moves within the opening of the positioning shell to drive the movement structure with motion);
and the driving shaft extending obliquely upwards towards a direction of the axis (He [025]; ‘322’ driving shaft is extending upwards and eccentrically arranged (off-center from a main axis), thereby being obliquely upwards);
and a positioning shell, the positioning shell being detachably mounted at a position of an upper end of the rotating motor (Figure 1 above; where there is a positioning shell that is detachably mounted to a position of an upper end of the motor, as seen in Figure 1 above where it is detached from the motor, but the motor is placed in the underside of the shell to come up with its portions on top through the opening to drive the movement structure with motion);
the positioning shell being provided with pivot seats, the pivot seats being pivotally provided with a swinging shaft (Figure 1 above; where the positioning shell has pivot seats to which the swinging shaft is pivotally provided to move between);
a driving slot that is matched with the driving shaft being arranged at a lower end of the swinging shaft (Figure 1 above; where there is a driving slot that is matched with the driving shaft that is arranged at the lower end of the swinging shaft because they are provided within each other)
and an upper end of the driving shaft being capable of sliding in a length direction of the driving slot and enabling the swinging shaft to swing reciprocally (Figure 1 above; where the driving shaft is provided through the opening of the positioning shell (not depicted in the exploded view – but connected as intended), where it is capable of sliding in a length direction of the driving slot to move/ enable the swinging shaft to swing reciprocally when connected);
wherein the swinging shaft comprises a pivot hole (Figure 1 above; where there is the swinging shaft of the movement structure that comprises a pivot hole because the plug shaft extends through the picot hole);
a swinging part arranged at an upper end of the pivot hole, and a driving part arranged at a lower end of the pivot hole (Figure 1 above; where there is a swinging part arranged at the upper end of the pivot hole because it is above it, and the driving part is at a lower end of a pivot hole, because it is below it as depicted);
the driving slot is arranged in the driving part (Figure 1 above; where there is a driving slot ‘345’ of the driving part for the driving shaft to be arranged in for movement);
the pivot hole is connected to the pivot part through a plug shaft (Figure 3 above; where ‘34a’ is a plug shaft through the pivot hole that is connected to the plug shaft, thereby being a pivot part of the mechanism);
and the driving shaft is capable of sliding in a width direction of the driving slot and enables the swinging shaft to swing by taking the pivot hole as an axis (Figure 1 above; where the driving shaft is disposed in the opening of the positioning shell capable such that it slides in a width direction of the driving slot ‘345’ and enables the swinging shaft to swing by taking the pivot hole as an axis, because they are received within each other to move the movement structure all together);
wherein an inclined surface is formed on an inner side, positioned at a lower end of the driving slot, of the driving part (Figure 1 above; where there is an inclined surface formed on an inner side of the movement structure’s driving part positioned at a lower end of the driving slot of the driving part).
He fails to disclose that the bottom end of the driving part is an arc-shaped surface.
Yan discloses a massage device wherein:
the bottom end of the driving part is an arc-shaped surface (Yan Figure 8b; where the driving part ‘38’ is an arc shaped surface on the bottom end, as part of the movement structure).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement structure of He by having an arc-shaped surface of the bottom end of the driving part as taught by Yan, since, the this shape allows for the driving part to be received with the movement of the driving shaft, to allow the movement of the swinging part to swing (Yan [065]).
Regarding claim 6, modified He further discloses the movement structure according to claim 1, wherein an opening is formed in an upper end of the positioning shell (Figure 1 above; where the movement structure has an opening that is formed in an upper end of the positioning shell);
limiting surfaces are formed in both ends of the opening (Figure 1 above; where there is a limiting surface that surrounds circumferentially under the opening of the positioning shell thereby being formed in both ends of the opening because it surrounds circumferentially in the opening);
the pivot seats are arranged on both sides of the opening (Figure 1 above; where there are the pivot seats arranged at both sides of the opening);
the positioning shell is provided with a positioning cavity; and the rotating seat and the driving shaft are arranged in the positioning cavity (Figure 1 above; where there is the positioning shell, it is provided with a positioning cavity because the motor, with the rotating seat and the driving shaft are positionally arranged into the positioning cavity to provide the driving shaft therein extending above the opening such that is communicated with the swinging shaft to drive the movement structure).
Regarding claim 7, modified He further discloses the movement structure according to claim 1, wherein the driving part is provided with a hollow shell; and the hollow shell is provided with a vibration motor (Figure 3 above; where there is a hollow shell provided with the driving part, and a vibration motor ‘35’ is provided inside of the hollow shell).
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Figure 4: annotated Figure 6 of Wang.
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Figure 5: annotated Figure 7 of Wang.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over He (US 11491078 B1) in view of Yan (US11771619B1), further in view of Wang (US 12458562 B2).
Regarding claim 4, modified He further discloses the movement structure according to claim 1, wherein the rotating shaft is provided with a non-circular limiting part; the driving shaft is provided with a limiting slot that is matched with the non-circular limiting part; the rotating seat and the driving shaft are integrally formed (Figure 2 above; where the rotating shaft ‘31a’ is provided with a non-circular limiting part, Figure 1 above; where ‘321’ is the non-circular limiting slot that is matched with the non-circular limiting part, and the driving shaft and the rotating seat are integrally formed because they are one structure).
Modified He is silent to the rotating seat and the driving shaft being mounted separately with a clamping column and a base.
Wang discloses a movement structure wherein:
the rotating seat and the driving shaft are mounted separately (Figure 4 above; where the driving shaft and the rotating seat are mounted separately);
when mounted separately, the rotating seat is provided with a clamping column (Figure 4 above; where they are mounted separately and there is a clamping column);
a base that fits the rotating seat in shape is arranged at a bottom of the driving shaft (Figure 4 above; where there is a base that fits the rotating seat in shape because they are received within each other at a bottom of the driving shaft to a top of the rotating seat);
the base is provided with a clamping hole that is matched with the clamping column; and the clamping column is inserted into the clamping hole (Figures 4-5 above; where there is a clamping hole that is matched with the clamping column provided in the base of the driving shaft).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement structure of modified He to include the rotating seat and the driving shaft being mounted separately as taught by Wang, since, the rotating seat and the driving shaft are used to convert rotation of the output shaft into reciprocating linear movement together, in the Z-direction, by means of cooperation of the parts together (Wang [027,031]), which would thereby help the alignment of the movement structure system.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over He (US 11491078 B1), in view of Yan (US11771619B1), further in view of Wang (US 12458562 B2) and even further in view of Katz (US 20230080370 A1).
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Figure 6: annotated Figure 3 of Katz.
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Figure 7: annotated Figure 9 of Katz.
Regarding claim 5, modified He in view of Wang further discloses the movement structure according to claim 4, wherein:
the rotating seat is provided with a step part (Figures 4-5 above; where the rotating seat has a step part).
Modified He in view of Wang is silent to a positioning part, limiting seat, and the positioning shell with a first screw hole.
Katz discloses a massager wherein:
a positioning part is arranged on a peripheral wall of the rotating motor; the positioning part is provided with a limiting seat (Figure 6 above; where there is a positioning part arranged on a peripheral wall of the rotating motor, and there is a limiting seat provided with the positioning part for the motor);
an upper end of the limiting seat extends inwards to form a surrounding part (Figure 6 above; where there is an upper end of the limiting seat that extends inwards to form a surrounding part);
the rotating seat that is capable of being matched with the surrounding part (Figure 6 above; where the rotating seat is capable of being matched with the surrounding part because of the output shaft, making both parts capable of being mounted with the rotating motor);
an upper wall of the step part presses against a lower wall of the surrounding part (Figure 5 above; where there is a step part of the rotating seat that is capable of pressing against a lower wall of the surrounding part of Figure 6 above);
the positioning shell is provided with a first screw through hole; the limiting seat is provided with a second screw through hole (Figure 7 above; where the positioning shell has a first screw through hole, and Figure 6 above; where there is a second screw through hole to connect the pieces to the assembly);
the positioning part is provided with a screw hole; and a screw is configured to screw to the screw hole after being penetrable through the first screw through hole and the second screw through hole in sequence (Figure 6 above; where the positioning part has a screw hole that is the screw hole of the second through hole, screws are in their respective screw through holes of the limiting part with the positioning part and the positioning shell to connect the pieces to the assembly – thereby the sequence of screwing the screws through the hole in the respective through holes (first and second)).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement structure of modified He in view of Wang by including a positioning part, a limiting seat, and the positioning shell having screws with through holes as taught by Katz, since these portions help to mount the motor to the assembly in alignment and further limit the motor (Katz [0090, 0084]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over He (US 11491078 B1) in view of Yan (US11771619B1), further in view of Haddock (US 20210228437 A1) and even further in view of Wu (DE 202023103113 U1).
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Figure 8: annotated Figure 13A of Haddock.
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Figure 9: annotated Figure 6 of Wu.
Regarding claim 8, modified He discloses wherein the swinging mechanism comprises the movement structure according to claim 1 (Figure 1 above; where the swinging mechanism is the swinging shaft within the movement structure);
and the movement structure according to claim 1 (Figure 1 above; the movement structure of claim 1, that is a swinging mechanism within a rod – thereby capable of being within another rod structure, the pull mechanism/ structure), capable of being within a pull mechanism.
and the swinging shaft (Figure 1 above; swinging shaft within the movement structure).
Modified He fails to disclose a pull-to-suck-and-lick massage apparatus.
Haddock discloses a pull-to-suck apparatus (Figure 8 above), comprising:
a shell, an elastic cup body being arranged at an upper end of the shell (Haddock [0121]; the cup ‘1304’ (of Figure 8 above) is arranged at an upper end of the shell, can be made from silicon (elastic material), and [0094]; where the cup is made from a flexible elastic material);
and an air suction apparatus is arranged in the shell, and the air suction apparatus is provided with an air suction hole extending into the cup body (Haddock [0097]; process of the air suction in the apparatus, [0148]; controlling the suction of the air compression, [0072]; where the cavity ‘106’ on the cup is the air suction hole, also seen in Haddock Figure 3E ‘106’ that extends into the cup body);
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the movement structure of modified He by including the pull mechanism comprising the an air suction apparatus as taught by Haddock with the movement mechanism of claim 1 that includes a swinging shaft, since, they serve to further enhance the pleasure of a user during use of the device (Haddock [0100, 0066]).
Modified He in view of Haddock fails to disclose an elastic stimulated tongue arranged at an upper end of the swinging shaft.
Wu discloses a lick massage apparatus (Figure 9 above) comprising:
an elastic simulated tongue arranged at an upper end of the swinging shaft (Figure 9 above; where there is an elastic stimulated tongue arranged at an upper end of the swinging shaft);
and the shell being provided with a swinging mechanism extending into the cup body (Figure 9 above; where the shell is provided with a swinging mechanism extending into the cup body);
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the pull-to-suck massage apparatus of modified He in view of Haddock to include an elastic stimulated tongue extending into the cup body and a hard inner shell as taught by Wu (lick massage apparatus), since, it adds above average pleasure to an individual (Wu Detailed Embodiments [027]) and since the hard inner shell supports the outer shell made of silicon, making it more comfortable to the human body, and the components mounted inside of the inner shell (Wu Detailed Embodiments [07]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over He (US 11491078 B1) in view of Yan (US11771619B1), further in view of Haddock (US 20210228437 A1), further in view of Wu (DE 202023103113 U1), and even further in view of Gan (US 20170360648 A1).
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Figure 11: annotated Figure 1 of Gan.
Regarding claim 10, modified He in view of Haddock, further in view of Wu further discloses the pull-to-suck-and-lick massage apparatus according to claim 8.
Modified He in view of Haddock, further in view of Wu fails to disclose an eclectic air pump, a solenoid valve, and a tee joint.
Gan discloses an air-suction and vibration bar wherein:
wherein the air suction apparatus comprises an electric air pump provided with an air suction channel and an air exhaust channel (Gan Figure 1; ’13: air pump (Gan [0006]; where the air pump is electric), and Figure 11 above; where there is an air exhaust channel, and an air suction channel that are provided with the electric air pump ‘13’);
an air suction guide pipe arranged between the air suction channel and the air suction hole (Gan [0026]; air suction hole connected to the nozzle ‘24’ of Figure 11 above, air section guide pipe ‘20’, that is arranged between the air suction channel and the air suction hole);
and a solenoid valve arranged at the air exhaust channel; the solenoid valve is connected to the air suction guide pipe through a tee joint; and the solenoid valve is further provided with an air exhaust hole (Figure 11 above; where there is a solenoid valve (electronic valve) that is in communication with the air exhaust channel and the air exhaust hole of the air exhaust channel, also where there is a tee joint that is connected to the air suction guide pipe ‘20’ through the air pump ‘13’ (Gan [0006]) and the solenoid valve).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the pull-to-suck-and-lick massage apparatus of modified He in view of Haddock, further in view of Wu to include an air suction apparatus as taught by Gan, since, air suction features and vibration massage can be provided simultaneously or respectively (Gan [0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sun (CN 117100573 A): therapeutic apparatus with an electromagnetic valve.
He (CN 116712309 A): massage device with an elastic tongue within a cup shaped body.
Meng (CN 114795903 A): alternate positioning part in a massage assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4.
THIS ACTION IS MADE FINAL. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 5712707410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AISLINN M JONES/Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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