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 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 “magnetic driving mechanism” in claims 1-2, 5-6, 15-16, and 18-20.
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.
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 11-14 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.
Claims 11-14 recites the limitation " said suction opening provided at a top end of said suction nozzle " in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Examiner is taking the limitation to be, “a suction opening provided at a top end of said suction nozzle”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 7, 9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (WO 2017185522 A1).
Regarding claim 1, Lin discloses non-contact induction air wave massage device (The electromagnetically driven massage device as set forth in the Abstract and shown in FIG. 1), comprising: a housing (FIG. 1 Outer casing 1 as set forth in [55], referring to the machine translation with labeled paragraph numbers from this point forward) having a housing cavity (The space within the housing) therein; an air wave cylinder supported in said housing (FIG. 1 Contact portion 6 and annular portion 11 as set forth in [55] and [81]), defining an air wave chamber (FIG. 1 The chamber corresponding to contact portion 6 and annular portion 11) therein and having at least one opening for communicating said air wave chamber with outside (FIG. 1 The opening provided by the chamber at contact portion 6 as set forth in [55]); a magnetic air pressure valve member (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82], as well as the moveable column 51) disposed in said air wave chamber (Inside annular portion 11 as seen in FIG. 1) and configured to be inducible by a magnetic field to slidably move back and forth reciprocately along a motion axis in said air wave chamber (FIG. 1-2 The control module 3 controls the electromagnetic driving module 4 to drive the movable member 42 to reciprocate to cause the air compression module 5 to generate an air flow which passes through the air outlet of the massage contact portion 6 as set forth in [59]); and a magnetic driving mechanism (FIG. 1-2 Fixing member 41 as set forth in [81], which is fixed by the limiting ring 112, and wherein the control module 3 controls the electromagnetic driving module 4 to drive the moveable member 42 by changing the polarity of the magnetic field of the coil to control the moveable member to reciprocate under the driven magnetic field according to [59]-[60] and [81-[83]) arranged outside said air wave cylinder and positioned in said housing cavity of said housing (As seen in FIG. 1), wherein said magnetic driving mechanism is configured to magnetically induce and drive said magnetic air pressure valve member to move back and forth reciprocately along said motion axis in said air wave chamber so as to change an air volume and an air pressure between said magnetic air pressure valve member and said at least one opening within said air wave chamber while said at least one opening of said air wave cylinder is enclosed by a body surface of a user (FIG. 1-2 As set forth in [59]-[60] and [81]-[83]).
Lin is silent as to the material composition of the components within the air wave massage device and fails to explicitly disclose wherein the air wave cylinder made of non-magnetic rigid material
However, it would be obvious to one of ordinary skill in the art, in the device of Lin, to make the air wave cylinder (FIG. 1 The wall portions that form contact portion 6 and annular portion 11 as set forth in [55] and [81]) be non-magnetic in order to not interfere with the operation of the device, specifically, wherein the magnetic driving mechanism is configured to magnetically induce and drive said magnetic air pressure valve member to move back and forth reciprocately along said motion axis in said air wave chamber (FIG. 1-2 As set forth in [59]-[60] and [81-[83]). Similarly, it would be obvious to one of ordinary skill in the art to make the air wave cylinder rigid in order to provide a path for magnetic air pressure valve member (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82]) to slidably move back and forth reciprocately along a motion axis in said air wave chamber.
Regarding claim 2, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Lin further discloses, wherein said magnetic air pressure valve member (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82]) comprises at least one magnetic inducible element (FIG. 1 The movable member 42 specifically includes a magnet as set forth in [82]) configured to be magnetically induced by said magnetic driving mechanism (FIG. 1-2 As set forth in [59]-[60] and [81]-[83]).
Regarding claim 3, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Lin further discloses, wherein said magnetic air pressure valve member further comprises a valve member body slidably disposed in said air wave chamber of said air wave cylinder (FIG. 1 (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82] is disposed inside annular portion 11 as seen in FIG. 1), and said at least one magnetic inducible element is arranged on said valve member body (FIG. 1 The movable member 42 specifically includes a magnet as set forth in [82]).
Regarding claim 4, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 3 above.
Lin further discloses, wherein said magnetic air pressure valve member further comprises at least one sealing element (FIG. 1 Bendable annular legs 52 formed of soft glue; wherein the annular leg 52 Forming a suction chamber 53 as set forth in [87]) having an outer diameter slightly larger than a diameter of said air wave chamber (The annular legs forming the suction chamber extend past the lower portion of annular portion 11, which is a portion of the airwave chamber, indicating that the outer diameter of the suction chamber is larger than a dimeter of the air wave chamber in at least a designated portion of said chamber), wherein said valve member body is a circular body (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82], as well as the moveable column 51, a column being circular in shape) having a predetermined thickness shorter than a depth of said air wave chamber (The column being longer lengthwise extending from the top and bottom of the airwave chamber than it is from one side wall of the chamber to another, or in other words the diameter of the column is shorter than the height of the column) and said at least one sealing element is mounted around said valve member body to provide a sealing effect between said magnetic air pressure valve member and an inner wall of said air wave cylinder (FIG. 1 The bendable annular legs 52 extending annularly from where the suction chamber is mounted along the edges of the moveable column 51 as seen in FIG. 1, the annular legs provide a sealing effect to form the suction chamber 53, located between the movable member 42 and moveable column 51 and the inner wall of the contact portion 6 and annular portion 11, the limitation of the sealing element mounted around the said valve body to be interpreted relatively, specifically, wherein if the annular legs are extended towards the valve member body, they would be around it. The limitation is being broadly interpreted given the sealing element is not “directly mounted around”).
Regarding claim 7, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Lin further discloses, wherein said at least one magnetic inducible element (FIG. 1 The movable member 42 specifically includes a magnet as set forth in [82]) is a permanent magnet mounted in said valve member body coaxially (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82], as well as the moveable column 51, the magnet being mounted on the moveable column 51 coaxially).
Lin fails to explicitly disclose, wherein the shape of the permanent magnet is a ring.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the shape of the permanent magnet a ring in the device of Lin as modified because Applicant has not disclosed that the specific shape of permanent magnet provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states in [00101] that “The one or more magnetic inducible elements 31', which is made of magnetic attractive material such as 25 iron or permanent magnet and has a ring shape, is mounted in the valve member body 30 coaxially” and in [00106] that “the driving magnets 421', 422' substantially induce the at least one magnetic inducible element 31' to move correspondingly so as to drive the magnetic air pressure valve member 3' moving back and forth in the air wave chamber 22' along the motion axis B-B' accordingly”, which would be true for any shaped magnet that allows for the magnetic air pressure valve member to be driven by the driving mechanism. One of ordinary skill in the art, furthermore, would have expected the magnet shape of modified Lin, and Applicant' s magnet shape, to perform equally well because both mechanisms perform the same function of allowing for the magnetic air pressure valve member to be driven by the driving mechanism.
Therefore, it would have been prima facie obvious to further modify Lin as modified to obtain the invention as specified in claim 7, because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the actuation of the valve member and thus fails to patentably distinguish over the prior art of Lin as modified.
Regarding claim 9, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Lin further discloses, wherein said air wave cylinder is provided with at least one air hole communicated with said air wave chamber (FIG. 1 The length of connection hole 61 as set forth in [100]).
Regarding claim 11, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Lin further discloses the air wave massage device, further comprising a suction nozzle (FIG. 1 The portion of the housing forming contact portion 6) having a cavity opening at a bottom end thereof (FIG. 1 The rim of contact portion 6 formed by the housing), wherein said cavity opening has a diameter larger than a suction opening (FIG. 1 The portion of connecting hole 61 opening to contact portion 6) provided at a top end of said suction nozzle equal to said at least one opening of said air wave cylinder (FIG. 1 The opening provided by the chamber at contact portion 6 as set forth in [55]), wherein said air wave cylinder further has a bottom (As shown in the annotate figure below) and is supported right below said suction nozzle coaxially in such a manner that said at least one opening, having a diameter slightly smaller than said cavity opening (As seen in the annotated figure below), is aligned coaxially with said cavity opening of said suction nozzle (As seen in FIG. 1) and a bottom wall of said suction nozzle forms a limiting element to limit a forward movement of said magnetic air pressure valve member slidably disposed in said air wave chamber (FIG. 1 The movable member 42 is disposed at a position on the same side of the limiting ring 112 in the receiving space formed by the annular portion 11 as set forth in [81]; wherein the moving path is the receiving space formed by the annular portion, and the two ends of the moving path are the top and bottom portions of the annular portion, wherein the movable member is at its most upper position and lowest position respectively, the entire structure of the device located at the top of the moving path, including that of the suction nozzle, specifically a bottom wall of said suction nozzle, being fixed at one of the ends that limit forward movement of said magnetic air pressure valve member, the bottom wall of said suction nozzle forming a limiting element given that the bottom wall of the suction nozzle is partially forming the portion of the structure limiting the forward movement of the valve member“).
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Regarding claim 12, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Lin further discloses the air wave massage device, further comprising a suction nozzle (FIG. 1 The portion of the housing forming contact portion 6) having a cavity opening at a bottom end thereof (FIG. 1 The rim of contact portion 6 formed by the housing), wherein said cavity opening has a diameter larger than a suction opening (FIG. 1 The portion of connecting hole 61 opening to contact portion 6) provided at a top end of said suction nozzle equal to said at least one opening of said air wave cylinder (FIG. 1 The opening provided by the chamber at contact portion 6 as set forth in [55]), wherein said air wave cylinder further has a bottom (As shown in the annotate figure below) and is supported right below said suction nozzle coaxially in such a manner that said at least one opening, having a diameter slightly smaller than said cavity opening (As seen in the annotated figure below), is aligned coaxially with said cavity opening of said suction nozzle (As seen in FIG. 1) and a bottom wall of said suction nozzle forms a limiting element to limit a forward movement of said magnetic air pressure valve member slidably disposed in said air wave chamber (FIG. 1 The movable member 42 is disposed at a position on the same side of the limiting ring 112 in the receiving space formed by the annular portion 11 as set forth in [81]; wherein the moving path is the receiving space formed by the annular portion, and the two ends of the moving path are the top and bottom portions of the annular portion, wherein the movable member is at its most upper position and lowest position respectively, the entire structure of the device located at the top of the moving path, including that of the suction nozzle, specifically a bottom wall of said suction nozzle, being fixed at one of the ends that limit forward movement of said magnetic air pressure valve member, the bottom wall of said suction nozzle forming a limiting element given that the bottom wall of the suction nozzle is partially forming the portion of the structure limiting the forward movement of the valve member“).
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Claims 5-6, 8, 10, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (WO 2017185522 A1) as applied to claims 1 and 4, in view of Zhou (US 11007110 B1).
Regarding claim 5, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Lin is silent as to the material composition of the walls forming the massage device and fail to explicitly disclose, wherein the device further comprises a waterproof barrier shell, which is constructed by one or more water barrier walls, surrounding said air wave cylinder, such that said air wave cylinder is provided inside said waterproof barrier shell and said magnetic driving mechanism is provided outside said water barrier shell.
However, Zhou teaches, wherein the walls have a waterproof barrier shell (Zhou: FIG. 2 Rubber sleeve 13 is sleeved on the housing 8. The rubber sleeve 13 is configured to seal and fix the housing to prevent water from entering the housing 8. The rubber sleeve 13 has high waterproof performance, safety, and sanitation as set forth in column 10 lines 50-54).
Lin and Zhou are both considered to be analogous to the claimed invention because they are in the same field of air pressure massagers. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the walls of Lin forming and surrounding the chamber formed by the air wave cylinder separating the air wave cylinder and magnetic driving mechanism to incorporate the teaching of Zhou and include waterproof barrier walls (Zhou: FIG. 2 Rubber sleeve 13 is sleeved on the housing 8. The rubber sleeve 13 is configured to seal and fix the housing to prevent water from entering the housing 8. The rubber sleeve 13 has high waterproof performance, safety and sanitation as set forth in column 10 lines 50-54). Doing so would prevent water from entering the housing and allow for safety and sanitation of the device (Zhou: As set forth in column 10 lines 50-54).
Regarding claim 6, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 4 above.
Lin is silent as to the material composition of the walls forming the massage device and fail to explicitly disclose, wherein the device further comprises a waterproof barrier shell, which is constructed by one or more water barrier walls, surrounding said air wave cylinder, such that said air wave cylinder is provided inside said waterproof barrier shell and said magnetic driving mechanism is provided outside said water barrier shell.
However, Zhou teaches, wherein the walls have a waterproof barrier shell (Zhou: FIG. 2 Rubber sleeve 13 is sleeved on the housing 8. The rubber sleeve 13 is configured to seal and fix the housing to prevent water from entering the housing 8. The rubber sleeve 13 has high waterproof performance, safety, and sanitation as set forth in column 10 lines 50-54).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the walls of Lin forming and surrounding the chamber formed by the air wave cylinder separating the air wave cylinder and magnetic driving mechanism to incorporate the teaching of Zhou and include waterproof barrier walls (Zhou: FIG. 2 Rubber sleeve 13 is sleeved on the housing 8. The rubber sleeve 13 is configured to seal and fix the housing to prevent water from entering the housing 8. The rubber sleeve 13 has high waterproof performance, safety and sanitation as set forth in column 10 lines 50-54). Doing so would prevent water from entering the housing and allow for safety and sanitation of the device (Zhou: As set forth in column 10 lines 50-54).
Regarding claim 8, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 6 above.
Lin further discloses, wherein said at least one magnetic inducible element (FIG. 1 The movable member 42 specifically includes a magnet as set forth in [82]) is a permanent magnet mounted in said valve member body coaxially (FIG. 1 Movable member 42 as set forth in [55], including a magnet as set forth in [82], as well as the moveable column 51, the magnet being mounted on the moveable column 51 coaxially as seen in the figure).
Lin fails to explicitly disclose, wherein the shape of the permanent magnet is a ring.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the shape of the permanent magnet a ring in the device of Lin as modified because Applicant has not disclosed that the specific shape of permanent magnet provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states in [00101] that “The one or more magnetic inducible elements 31', which is made of magnetic attractive material such as 25 iron or permanent magnet and has a ring shape, is mounted in the valve member body 30 coaxially” and in [00106] that “the driving magnets 421', 422' substantially induce the at least one magnetic inducible element 31' to move correspondingly so as to drive the magnetic air pressure valve member 3' moving back and forth in the air wave chamber 22' along the motion axis B-B' accordingly”, which would be true for any shaped magnet that allows for the magnetic air pressure valve member to be driven by the driving mechanism. One of ordinary skill in the art, furthermore, would have expected the magnet shape of modified Lin, and Applicant' s magnet shape, to perform equally well because both mechanisms perform the same function of allowing for the magnetic air pressure valve member to be driven by the driving mechanism.
Therefore, it would have been prima facie obvious to further modify Lin as modified to obtain the invention as specified in claim 7, because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the actuation of the valve member and thus fails to patentably distinguish over the prior art of Lin as modified.
Regarding claim 10, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 6 above.
Lin further discloses, wherein said air wave cylinder is provided with at least one air hole communicated with said air wave chamber (FIG. 1 The length of connection hole 61 as set forth in [100]).
Regarding claim 13, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 5 above.
Lin further discloses the air wave massage device, further comprising a suction nozzle (FIG. 1 The portion of the housing forming contact portion 6) having a cavity opening at a bottom end thereof (FIG. 1 The rim of contact portion 6 formed by the housing), wherein said cavity opening has a diameter larger than a suction opening (FIG. 1 The portion of connecting hole 61 opening to contact portion 6) provided at a top end of said suction nozzle equal to said at least one opening of said air wave cylinder (FIG. 1 The opening provided by the chamber at contact portion 6 as set forth in [55]), wherein said air wave cylinder further has a bottom (As shown in the annotate figure below) and is supported right below said suction nozzle coaxially in such a manner that said at least one opening, having a diameter slightly smaller than said cavity opening (As seen in the annotated figure below), is aligned coaxially with said cavity opening of said suction nozzle (As seen in FIG. 1) and a bottom wall of said suction nozzle forms a limiting element to limit a forward movement of said magnetic air pressure valve member slidably disposed in said air wave chamber (FIG. 1 The movable member 42 is disposed at a position on the same side of the limiting ring 112 in the receiving space formed by the annular portion 11 as set forth in [81]; wherein the moving path is the receiving space formed by the annular portion, and the two ends of the moving path are the top and bottom portions of the annular portion, wherein the movable member is at its most upper position and lowest position respectively, the entire structure of the device located at the top of the moving path, including that of the suction nozzle, specifically a bottom wall of said suction nozzle, being fixed at one of the ends that limit forward movement of said magnetic air pressure valve member, the bottom wall of said suction nozzle forming a limiting element given that the bottom wall of the suction nozzle is partially forming the portion of the structure limiting the forward movement of the valve member“).
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Regarding claim 14, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 8 above.
Lin further discloses the air wave massage device, further comprising a suction nozzle (FIG. 1 The portion of the housing forming contact portion 6) having a cavity opening at a bottom end thereof (FIG. 1 The rim of contact portion 6 formed by the housing), wherein said cavity opening has a diameter larger than a suction opening (FIG. 1 The portion of connecting hole 61 opening to contact portion 6) provided at a top end of said suction nozzle equal to said at least one opening of said air wave cylinder (FIG. 1 The opening provided by the chamber at contact portion 6 as set forth in [55]), wherein said air wave cylinder further has a bottom (As shown in the annotate figure below) and is supported right below said suction nozzle coaxially in such a manner that said at least one opening, having a diameter slightly smaller than said cavity opening (As seen in the annotated figure below), is aligned coaxially with said cavity opening of said suction nozzle (As seen in FIG. 1) and a bottom wall of said suction nozzle forms a limiting element to limit a forward movement of said magnetic air pressure valve member slidably disposed in said air wave chamber (FIG. 1 The movable member 42 is disposed at a position on the same side of the limiting ring 112 in the receiving space formed by the annular portion 11 as set forth in [81]; wherein the moving path is the receiving space formed by the annular portion, and the two ends of the moving path are the top and bottom portions of the annular portion, wherein the movable member is at its most upper position and lowest position respectively, the entire structure of the device located at the top of the moving path, including that of the suction nozzle, specifically a bottom wall of said suction nozzle, being fixed at one of the ends that limit forward movement of said magnetic air pressure valve member, the bottom wall of said suction nozzle forming a limiting element given that the bottom wall of the suction nozzle is partially forming the portion of the structure limiting the forward movement of the valve member“).
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Allowable Subject Matter
Claims 15 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and claims 17-20 would be allowable by dependency. Thus, claims 17-20 are also objected.
Regarding claim 15, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Lin further discloses wherein said magnetic driving mechanism comprises a driver member (FIG. 1 Limiting ring 112 as set forth in [81]), a pair of arc-shaped driving magnets mounted on said driver member (FIG. 1 The arc of each of the coils formed by the fixing member 41 that is fixed by limiting ring 112 and are driven by the controller), wherein said driver member is arranged coaxially around said air wave cylinder (FIG. 1 Limiting ring 112 surrounds annular portion 11 as seen in FIG. 1) in such a manner that said pair of driving magnets are symmetrically positioned opposingly (As seen in FIG. 1) with said at least one magnetic inducible element such that forward and backward movements of said driving magnets (The movement of the magnetic field as set forth in [83]) substantially induce said at least one magnetic inducible element to move correspondingly so as to drive the said air pressure valve member moving back and forth in said air wave chamber along said motion axis accordingly (FIG. 1-2 As set forth in [59]-[60] and [81]-[83]), but fails to explicitly disclose a motor mounted by a motor support provided in said housing, at least one eccentric driving element arranged to be driven by said motor to rotate eccentrically about an axis of said motor, a connection link connecting between said at least one eccentric driving element and said driver member.
Lenke (US-9937097-B2) teaches a motor mounted by a motor support provided in said housing (Lenke: FIG. 3 Drive unit 6, an electric motor within housing 8, the motor support being the means in which it is stationed within the housing 8 as set forth in column 9 lines 47-57), at least one eccentric driving element arranged to be driven by said motor to rotate eccentrically about an axis of said motor (Lenke: FIG. 3 Rotation of the Shaft 61 of the drive unit 6 as set forth in column 9 lines 47-57), and a connection link (Lenke: FIG. 3 Cam 62 as set forth in column 9 lines 47-57). However, given that Lin utilizes a magnetic type of mechanism, adding an eccentric mechanism with a motor could interfere with the operation of the magnetic mechanism. One of ordinary skilled in the art would have to ensure the two mechanisms are not interfering with one another, further, the combination would provide no clear benefit.
Regarding claim 16, Lin as modified discloses the claimed invention substantially as claimed as set forth for claim 8 above.
Lin further discloses wherein said magnetic driving mechanism comprises a driver member (FIG. 1 Limiting ring 112 as set forth in [81]), a pair of arc-shaped driving magnets mounted on said driver member (FIG. 1 The arc of each of the coils formed by the fixing member 41 that is fixed by limiting ring 112 and are driven by the controller), wherein said driver member is arranged coaxially around said air wave cylinder (FIG. 1 Limiting ring 112 surrounds annular portion 11 as seen in FIG. 1) in such a manner that said pair of driving magnets are symmetrically positioned opposingly (As seen in FIG. 1) with said at least one magnetic inducible element such that forward and backward movements of said driving magnets (The movement of the magnetic field as set forth in [83]) substantially induce said at least one magnetic inducible element to move correspondingly so as to drive the said air pressure valve member moving back and forth in said air wave chamber along said motion axis accordingly (FIG. 1-2 As set forth in [59]-[60] and [81]-[83]), but fails to explicitly disclose a motor mounted by a motor support provided in said housing, at least one eccentric driving element arranged to be driven by said motor to rotate eccentrically about an axis of said motor, a connection link connecting between said at least one eccentric driving element and said driver member.
Lenke (US-9937097-B2) teaches a motor mounted by a motor support provided in said housing (Lenke: FIG. 3 Drive unit 6, an electric motor within housing 8, the motor support being the means in which it is stationed within the housing 8 as set forth in column 9 lines 47-57), at least one eccentric driving element arranged to be driven by said motor to rotate eccentrically about an axis of said motor (Lenke: FIG. 3 Rotation of the Shaft 61 of the drive unit 6 as set forth in column 9 lines 47-57), and a connection link (Lenke: FIG. 3 Cam 62 as set forth in column 9 lines 47-57). However, given that Lin utilizes a magnetic type of mechanism, adding an eccentric mechanism with a motor could interfere with the operation of the magnetic mechanism. One of ordinary skilled in the art would have to ensure the two mechanisms are not interfering with one another, further, the combination would provide no clear benefit.
Prior art of record Lin (WO 2017185522 A1) and Zhou (US 11007110 B1), alone or in combination fails to remedy the deficiencies.
Claims 17-20 would be allowable by dependency given that claims 15 and 16 were rewritten in independent form including all of the limitations of the base claim and any intervening claim.
Conclusion
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/KEIRA EILEEN CALLISON/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785
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