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 .
DETAILED ACTION
This office action is in response to the filing of the application on 01/19/2024.Since
the initial filing, no claims have been amended, added, or canceled. Thus, claims 1-10 are pending in the application.
Drawings
The drawings are objected to under 37 CRF 1.84(b)(1). Drawings in black and white are ordinarily permitted. The Office will only allow photographs if these are the only practicable medium for illustrating the claimed invention. Drawings may include human figures but no photographs.
The drawings are objected for the following reasons:
The provided drawings (excluding Fig. 4) are photographs.
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.
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.
In accordance with the above presumptions, the following terms are interpreted under 35 USC 112(f):
“First locking mechanism” (claim 6 ln. 2);
“Second locking mechanism” (claim 6 ln. 2, claim 8 ln. 3-4)
The term “first locking mechanism” in claim 6 is interpreted under 35 USC 112(f) because sufficient structure is not recited in the claim to support the function of “first locking mechanism.” However, sufficient structure is recited in the specification. The following is the sufficient structure provided ([0024] discloses “first” locking mechanism 30 includes a bayonet coupling having one or more notches or slots to individually receive a corresponding number of locking tabs on the massage instruments 14, 6, 18. The notches or slots are considered one part of a larger “locking mechanism”).
The term “second locking mechanism” in claims 6 and 8 is interpreted under 35 USC 112(f) because sufficient structure is not recited in the claim to support the function of “second locking.” However, sufficient structure is recited in the specifications. The following is the sufficient structure provided ([0024] and [0026] disclose the “second” locking mechanism 36 is the opposite face of the first locking mechanism where the base section 32 of the massage instruments 14, 16, 18 are received by the “first locking mechanism” with a “corresponding number of locking tabs 52.” The locking tabs are considered the second part of a larger “locking mechanism).
The term “first locking mechanism” in claim 7 is not interpreted under 35 USC 112(f) because sufficient structure is recited in the claim to support the function of “first locking mechanism.” Bayonet connection” in claim 7 ln.2, provides sufficient structure to support the phrase “first locking mechanism.”
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.
Claim 4-8 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.
Regarding claim 4, the term “a third direction” (ln. 2) is not included in claim 1. Claim 1
does not disclose a first or second direction, it is unclear if claim 4 is requiring three directions. For the purposes of examining, a third direction will be any direction.
Claim 4 further recites the limitation "the first wrist strap" (ln. 3-4). There is insufficient antecedent basis for this limitation in the claim. Claim 1 does not disclose a “first wrist strap.”
Regarding claim 5-6, the term “the attachment receiver” (claim 5, ln. 2; claim 6, ln.1) lacks antecedent basis. Claim 1 does not disclose an “attachment receiver.”
Regarding claim 7, the term “the first locking mechanism” (ln.1) lacks antecedent basis. Claim 1 does not disclose a “first locking mechanism.”
Regarding claim 8, the term “the second locking mechanism” (ln. 2-3) lacks antecedent basis. Claim 1 does not disclose a “second locking mechanism.”
Any remaining claims are rejected as being dependent upon 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)(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 1-2, 5-6, and 8-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al (2022/0040031).
Regarding claim 1, Huang discloses a hand-mounted massage tool comprising:
a hand mount that is releasably mountable about a user's hand and palm in an operative position ([0007] discloses that the adjustable strap assembly 600 is configured for the hand and includes similar functionality and features as the belt assembly with differences like: one mounting assembly with interchangeable knob assemblies. Only one knob assembly is connected to the mounting assembly at a time. The adjustable strap assembly for the hand can be secured on the hand with the knob assemblies 500 in the palm. Fig 8-15 discloses the features that are considered in both the hand embodiment and the limb and torso embodiment. Fig 15 discloses the hand-mounted device 600); and
a massage instrument that releasably attaches to the hand mount and extends away from the palm when in the operative position ([0037] discloses that the mounting assembly of the hand is designed to removably couple one or more knob assemblies 500).
Regarding claim 2, Huang discloses the hand-mounted tool of claim 1, and a palm section sized and shaped to fit into the palm of a user in the operative position (Fig 15, hand mounted assembly 600 with the knob assemblies 500 is palm sized and can fit in the palm); and an attachment receiver carried by the palm section (Fig 15, hand mounted assembly adapted for the hand. Mounting assembly acts as the attachment receiver is now on the outer face of platform assembly 390); wherein the massage instrument releasably attaches to the attachment receiver ([0035] discloses the knob assemblies 500 which acts as the massage instruments 14, 16, 18 to be removable from the mounting assembly).
Regarding claim 5, Huang discloses the hand-mounted tool of claim 1, and a massage instrument releasably locks to the attachment receiver ([0007] discloses that the mounting assembly is designed to be “removably coupled” to the knob assemblies, meaning they allow for two or more components to link and connect together. The knob is “locked” into place as the knobs need to be securely attached in order to massage the body effectively).
Regarding claim 6, Huang discloses the hand-mounted tool of claim 1, and an attachment receiver comprises a first locking mechanism that couples with a second locking mechanism carried by the massage instrument ([0037] discloses the mounting assembly 350 is designed to be removably coupled to one or more knob assemblies 500. The mounting assembly acts as the attachment receiver and “removably coupled” allows for two or more components to link and connect together which allows for the knob assemblies 500 to be easily switched out. Removably coupled also indicates there is a first and second component which act as the first locking mechanism and the second locking mechanism).
Regarding claim 8, Huang discloses the hand-mounted tool of claim 1, and a massage instrument comprises a base section and massage portion, wherein the base portion comprises the second locking mechanism (Highlighted with green circle, see Fig 10 below for convenience. [0035] discloses the knob assemblies 500 are designed to be removably coupled to the mounting assembly 350 where the mounting assemblies are connected to the “base portion” (highlighted with blue rectangle; see Fig 11 below) of the knob assemblies), and wherein the massage portion is disposed on an opposite side of the base section from the second locking mechanism (Fig 8, the massage portion 34 is equivalent to the top portion of the knob assembly 510).
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Regarding claim 9, Huang discloses the hand-mounted tool of claim 1, and a massage portion has at least one of a cylindrical shape, a bulbous shape, and a knob shape (Fig 8, knob assemblies 500 indicate the massage portions are knob shaped).
Regarding claim 10, Huang discloses a method of wearing the hand-mounted massage tool, in an operative position, the method comprising releasably mounting the hand mount about a user's hand such that the massage instrument extends away from the user's palm (Fig 15, the adjustable strap assembly and the knob assembly attached 600 can have the mounting assembly 350 in the palm of the hand with the knob assembly 500 extends away from the user’s palm).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Huang, as applied to claim 1 above, in view of Okamura (2019/0029693).
Regarding claim 3, Huang discloses a muscle massaging device that has a configuration
to be worn on the hand, otherwise considered “hand-mounted,” with a as discussed in claim 1 above (Huang, Fig 15, adjustable hand strap assembly 600).
Huang does not disclose a first wrist strap extending from the palm section in a first direction and a second wrist strap extending from the palm section in a second direction where a distal end of the first wrist strap releasably fastens a distal end of the second wrist strap.
However, Okamura teaches a hemostatic device that includes a covering portion (Okamura, Fig 2, covering portion 110) comprised of a first band part (Okamura, Fig 1, first band part best represented by 140b) which extends away from the palm side in one direction, a second band part (Okamura, Fig 1, best represented by 140a) which is an opposite free end and is fastened to the end of the first band part (Okamura, Fig 2, the first band part and the second band part represented by 140a and 140b are fastened together on the distal end of the first band part), and a thumb strap (Okamura, Fig 1, restriction portion, best represented by 150, acts as a thumb strap) that extends from the palm and connects medially to the first band part (Okamura, Fig 2, fastener on the end of the thumb strap 150 connected to the first band part 140b medially on the back of the hand).
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 massage device of Huang to include a first wrist strap extending from the palm section in a first direction and a second wrist strap extending from the palm section and a thumb strap extending from the palm section and connected medially to the first wrist strap as taught by Okamura. The massage device of Huang would be modified to have the structure of the first band part, second band part, and the restriction portion. The inclusion of these components is beneficial in that the securing portion of the cover portion work together for the thumb strap to restrict movement of the securing portion in an axial direction ([0049] discloses that the covering portion 110 has a securing portion 120 and a restriction portion 150 which secures the band structure by restricting movement of the securing portion). The two band parts can be configured to be connected to the mounting assembly (Huang, [0037] discloses the hand assembly includes a mounting assembly 350) on each side, where the thumb strap could be connected via the top portion of the mounting assembly (Okamura, Fig 3(B) shows the palm section and how the band parts and thumb strap are designed. The blue filled in circle is a potential placement of the mounting assembly of the massage device of Huang. See below modified Fig 3(B) for convenience). Use of the first band part, second band part, and restriction portion would allow for the band structure to be more secure on the hand and also in operating position.
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Regarding claim 4, Huang discloses a muscle massaging device that has a configuration
to be worn on the hand, otherwise considered “hand-mounted,” with as discussed in claim 1 above (Huang, Fig 15, adjustable hand strap assembly 600).
Huang does not disclose a first wrist strap extending from the palm section in a first direction and a second wrist strap extending from the palm section in a second direction where a distal end of the first wrist strap releasably fastens a distal end of the second wrist strap. Huang also does not disclose a thumb strap extending from the palm section in a direction where a distal end of the thumb strap releasably fastens to a medial area of the first wrist strap.
However, Okamura teaches a hemostatic device that includes a covering portion (Okamura, Fig 2, covering portion 110) comprised of a first band part (Okamura, Fig 1, first band part best represented by 140b) which extends away from the palm side in one direction, a second band part (Okamura, Fig 1, best represented by 140a) which is an opposite free end and is fastened to the end of the first band part (Okamura, Fig 2, the first band part and the second band part represented by 140a and 140b are fastened together on the distal end of the first band part), and a thumb strap (Okamura, Fig 1, restriction portion, best represented by 150, acts as a thumb strap) that extends from the palm and releasably connects medially to the first band part (Okamura, Fig 2, fastener on the end of the thumb strap 150 releasably connected to the first band part 140b medially on the back of the hand ([0113] discloses that the thumb strap, first band part, and second band part may be released by the operator when needed).
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 massage device of Huang to include a first wrist strap extending from the palm section in a first direction and a second wrist strap extending from the palm section and a thumb strap extending from the palm section and releasably connected medially to the first wrist strap as taught by Okamura. The massage device of Huang would be modified to have the structure of the first band part, second band part, and the restriction portion. The inclusion of these components is beneficial in that the securing portion of the cover portion work together for the thumb strap to restrict movement of the securing portion in an axial direction ([0049 discloses that the covering portion 110 has a securing portion 120 and a restriction portion 150 which secures the band structure by restricting movement of the securing portion). The two band parts can be configured to be connected to the mounting assembly (Huang, [0037] discloses the hand assembly includes a mounting assembly 350) on each side, where the thumb strap could be connected via the top portion of the mounting assembly (Okamura, Fig 3(B) shows the palm section and how the band parts and thumb strap are designed. The blue filled in circle is a potential placement of the mounting assembly of the massage device of Huang. See above modified Fig 3(B) for convenience). Use of the first band part, second band part, and restriction portion would allow for the band structure to be more secure on the hand and to prevent slippage while in operation.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (20220040031) in view of Luettgen et al (2003/0009116).
Regarding claim 7, Huang has the massage device of claim 1.
Huang does not have the first locking mechanism comprising a bayonet connection.
However, Luettgen teaches a vibrating massager that has a J-shape rod, a head, and a vibratory means where the J-shaped rod has a connection portion (Luettgen, Fig 9A, connection portion 140) that takes the form of a bayonet connection system (Luettgen, [0063] discloses the connection is in the form of a bayonet connection).
Therefore, it would have been obvious to one of the ordinary skills of the art before the effective filing date of the claimed invention to modify Huang to include a bayonet connection as the mounting method on the palm section of the hand as taught by Luettgen. The bayonet connection allows for a more secure connection between the removable attachments (Luettgen, [0063] discloses that the bayonet connection at the end of the connection portion 140, the head 135 has a connection means of a pair of grooves 800 which “mates” the head to the hollow interior of each tip 145). Use of the bayonet connection can allow for the modified massage device of Huang to have more secure connections between the knob assemblies and mounting assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pietrangelo (12390392), Bring (2016/0113834), Ongwela (6669657), Wood (1885572), and Ptah (10383378) are pressure proving gloves (i.e. chest compressions, massaging) that have mounted cylindrical, knob, or bulbous shaped tools attached to the device in the palm section.
Weber et al (2009/0240182) and Caswell (5538501) are orthopedic devices that have similar 3-strap designs to secure to the hand.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIE H. BISHOP whose telephone number is (571)270-1093. The examiner can normally be reached Mon-Thurs: 7:15am-4:15pm; Friday: 7:15-3:15pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE H BISHOP/
Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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