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 .
Information Disclosure Statement
Acknowledgement is made to Applicant’s lack of an Information Disclosure Statement submission.
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.
Claims 1, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Dai (CN 117257629 A), hereafter Dai.
Dai discloses a swinging and kneading massage mechanism (fig. 1, page 1, “The technical solution” para.), comprising: an outer housing (fig. 3, machine base 10, page 3 “Reference numbers” para.)), a first massage head assembly (fig. 2, 212, page 3 “Reference numbers” para.), a second massage head assembly (fig. 2, 311, page 3 “Reference numbers” para.), an inner housing (fig. 4, middle plate part 121, page 3 “Reference numbers” para.), a power assembly (fig. 5, driving part 40 page 3 “Reference numbers” para.), and a transmission assembly (fig. 6, 52, 53 page 3 “Reference numbers” para.), wherein the power assembly is in driving connection to the transmission assembly (fig. 6, page 5 second full para.), and the transmission assembly is in driving connection to the first massage head assembly (fig. 8, fourth full para. page 5) and the second massage head assembly (fig. 10, fourth full para. page 5); vertical sliding rails (fig. 4, 125 page 6, second full para.) are symmetrically disposed on the inner housing (fig. 4); and the transmission assembly comprises a gear set (fig. 6, 52 and 53 are gears), a rotary shaft (figs. 1, 9, and 10, 51 page 5, second full para.), a driving arm (fig. 20, the assembly of 5511, 5512, 552, 553; see also fig. 10; page 67, last para.), a driving ring (fig. 9, 543, page 5, last para.), a fixing cover (fig. 9, 542, page 5 last para.), and an inclined wheel (fig. 9, 541, page 5 second to last para.), the driving arm is movably sleeved on the rotary shaft (fig. 10 shows 5511 sleeved around shaft 51, not labeled in fig. 10 but labeled in fig. 1), the driving arm is in driving connection to the second massage head assembly (fig. 10 shows this configuration), the inclined wheel is fixedly disposed to an upper end of the rotary shaft (fig. 9 shows this configuration), the driving ring is movably sleeved on the inclined wheel (fig. 9), the first massage head assembly is fixedly disposed on the driving ring (fig. 9, page 6 first full para.), a limiting shaft (fig. 12 and fig. 9, 5432, page 6 first full para.) is integrally disposed on a side surface of the driving ring (fig. 9 shows this configuration), the limiting shaft is vertically slidingly connected to the vertical sliding rail (figs. 4 and 12, 54323 inserts into 544, which inserts into 125 in fig. 1 to travel vertically, page 6, second full para.), an eccentric disc (fig. 10, 532, page 6 fourth full para.) is integrally disposed on a lower surface of the inclined wheel (fig. 10 and page 6, fourth full para.; see also fig. 15), the eccentric disc is inserted into a circular groove provided at one end of the driving arm (fig. 20, 5511; see fig. 10, page 6 last para.), and a connection ball (fig. 21, 5531, page 6 last para.) is integrally disposed at the other end of the driving arm (figs. 20-21, the ball 5531 is disposed at the other end of the driving arm within 5521, page 6 last para.; “integrally disposed” is interpreted to mean “essential to completeness”, Merriam-Webster).
Regarding Claim 5, Dai discloses a swinging and kneading massage mechanism according to claim 1, wherein the fixing cover (fig. 9, 542) is fixedly disposed on the inclined wheel (fig. 9, page 5 last para., 542 fixes to the top of 541), a tilted ring groove is formed between the inclined wheel and the fixing cover (fig. 9, when 542 is fixed with screws to the top of 541, a groove retaining 543 is formed, page 5 last para.), the tilted ring groove is movably sleeved on the driving ring (543, fig. 9), a plug (fig. 12, connecting arm 5433, page 6 first full para.) is integrally disposed on the driving ring (fig. 12 shows this configuration), a socket is disposed on the first massage head assembly (fig. 19, page 6 first full para.), and the socket is plugged into the plug (page 6, first full para. last sentence describes this configuration).
Regarding Claim 6, Dai discloses a swinging and kneading massage mechanism according to claim 5, wherein a first swing arm (figs. 19 and best seen in fig. 7, upper swing arm 21, page 6, first full para.) is integrally disposed on the socket (best seen in fig. 7), and a double-ball roller (fig. 7, 211, 212 are labeled in fig. 3, page 4 first para.) is disposed at an upper end of the first swing arm (21; best seen in figs. 3, 7, and 19).
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.
Claim 2 is rejected under 35 U.S.C. 103 as unpatentable over Dai in view of Han (US 2011/0004131 A1), hereafter Han.
Regarding Claim 2, Dai discloses a swinging and kneading massage mechanism according to claim 1, wherein the inner housing is disposed inside the outer housing (fig. 3, 121 is disposed within 10).
Dai is silent on and a heat therapy assembly being disposed in the outer housing.
Han teaches the use of a thermal energy source disposed in a housing (fig. 3, heating member 400 [0051]) is disposed in an area that would be enclosed by housing, [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in Dai’s device a heat therapy assembly disposed inside the housing for the benefit of providing heat to a user to relieve the fatigue of a user (Han [0122]).
Allowable Subject Matter
Claims 3-4 and 7-8 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.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding Claim 3, Dai discloses a swinging and kneading massage mechanism according to claim 1, but is silent on wherein the power assembly comprises a battery and a bidirectional motor, and output shafts at two ends of the bidirectional motor are worms.
While batteries (see US 2024/0342043 A1 [0069]) and bidirectional motors having output shafts at two ends being worms (see Chen, US 2016/0151234 A1, fig. 7 [0034-0035]) are known in the art, it would appear that attempting to modify Dai’s device to include a bidirectional motor would result in a device requiring significant, non-obvious modification, as well as improper hindsight, since no motivation is provided to use the alternate construction of Chen’s bidirectional motor. Thus, claim 3 would be allowable over the prior art if rewritten to include all of the limitations of base claim 1.
Regarding Claim 4, Dai discloses a swinging and kneading massage mechanism according to claim 1, wherein the gear set is formed by meshing a transmission gear (figs. 8 and 10, 531 of 53, page 5 second full para.) with a transmission gear set (fig. 8, 521, 522, page 5 second full para.), the transmission gear set is rotationally disposed inside the inner housing (figs. 4 and 6 show the gears disposed within 121), the transmission gear set is formed by stacking a worm gear (fig. 8, 521, page 5 second para.) and a tooth gear that are coaxially disposed (fig. 8, 522, page 5 second para., both gears are disposed on the same axis), the worm gear meshes with a worm (fig. 8, 41 is a worm, page 5, second para.), the tooth gear meshes with the transmission gear (fig. 8 shows 522 meshing with gear 531, page 5 third full para.), the rotary shaft (51) fixedly passes through the transmission gear (figs. 1 and 10, 51, page 5 third full para.). However, Dai’s the rotary shaft (51) is not rotationally connected to the inner housing (6).
There does not appear to be an obvious way to modify the position of Dai’s rotary shaft to be rotationally connected to the inner housing (121, fig. 4) without rendering the device inoperable.
Thus, claim 4 would be allowed over the prior art.
Regarding Claim 7, Dai discloses a swinging and kneading massage mechanism according to claim 1, wherein the second massage head assembly (fig. 2, 311) comprises a second swing arm (fig. 2, 31, page 4, first para.), a massage ball is disposed at an upper end of the second swing arm (fig. 2, 311 is a massage ball).
However, Dai is silent on a spherical groove is provided on a side surface of the second swing arm, and the spherical groove is embedded and rotationally connected to the connection ball.
Dai has a spherical groove, but it is located on the end of driving arm assembly (fig. 20) and not on the second swing arm (fig. 2, 31).
Li (CN 209137284 U ) discloses a second swing arm (fig. 6, 51) with a spherical groove (fig. 6, 72), but it would not be obvious to one of ordinary skill in the art to modify Dai’s device to be changed to the configuration as taught by Li without using improper hindsight, particularly since there does not appear to be a motivation to modify the configuration of Dai’s connection linkage (fig. 20) to that of Li’s (fig. 6).
Claim 8 would also be allowed as depending from claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (US 2020/0297575 A1) discloses a swinging and kneading massage mechanism (fig. 1, abstract), comprising: an outer housing (fig. 1, 11 [0027]), a first massage head assembly (fig. 1, 42 [0031]), a second massage head assembly (fig. 1, 52 [0032]), an inner housing (fig. 1, 12 [0027]), a power assembly (fig. 2, motor 2 [0026]), and a transmission assembly (fig. 2, gear assembly 8 [0027]), wherein the power assembly is in driving connection to the transmission assembly (fig. 2 [0028]), and the transmission assembly is in driving connection to the first massage head assembly (fig. 2 [0036] describes how the gear assembly in turn drives the first massage head 42; see also fig. 5) and the second massage head assembly (fig. 5 [0036]); and the transmission assembly comprises a gear set (fig. 2, gear assembly includes gears 84, 82, 83 [0029]), a rotary shaft (fig. 3, 3 [0030]), a driving arm (fig. 3, 51 [0032]), a driving ring (fig. 6, 43 [0031]), a fixing cover (fig. 6, 611 [0030]), and an inclined wheel (fig. 6, the assembly of 61 and 62 [0030]), the driving arm is movably sleeved on the rotary shaft (figs. 4 and 6, driving arm is sleeved on rotating shaft 3 via 611 [0032]), the driving arm is in driving connection to the second massage head assembly (figs. 4 and 6, driving arm 51 connects to 52 [0032]), the inclined wheel is fixedly disposed to an upper end of the rotary shaft (fig. 5, 3 is inserted through 61 [0032] and understood to be a fixed connection in order to drive the cylinder 61), the driving ring is movably sleeved on the inclined wheel (fig. 6 [0031] 43 is fixed to massage arm at 45 and is understood to be moveably connected to the inclined wheel 61/62), the first massage head assembly is fixedly disposed on the driving ring (fig. 6 [0031]), and a connection ball (fig. 6, 731 [0034]) is integrally disposed at the other end of the driving arm (fig. 6 [0034]).
Xiao (US 2024/0342043 A1) discloses a similar massage device that has a limiting shaft disposed on a side surface of a driving ring (fig. 5, limiting shaft 45 on ring 411) however, this limiting shaft does not slidingly connect to a vertical sliding rail ([0062]).
Chiang (US 2009/0227915 A) discloses a massage device which includes a vertical sliding rail (fig. 1, 159 [0072] and a limiting shaft (fig. 2, 155 [0074]) that is slidingly connected to the vertical sliding rail (fig. 5 [0078]).
See also:
Zhou (US 2023/0404842 A1) fig. 1
CN 117017733 A fig. 2
CN 207221011 U fig. 2
US 2016/0151234 fig. 7 discloses a bidirectional motor with a worm gear at each end.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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