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 02/01/2024. Since the
initial filing, no claims have been amended, added, or canceled, Thus, claims 1-11 are pending in the application.
Drawings
The drawings are objected to for the following informalities:
Fig 2, 3, 5, 7 do not clearly represent the rotation driving mechanism
In Figures 2, 3, and 4, the “reciprocating translation member” is not clearly labeled.
Fuzzy and unclear drawings (Fig 2, 3, 4) where smaller components are not decipherable
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the rotation driving mechanism 26 in Figures 2, 3, 5, and 7. Each time the corresponding number 26 is labeled the line is pointed to an outer casing 21 or inner casing 261 without clear understanding what the rotation driving mechanism entails. The drawings are further objected Figures 2, 3, and 4, do not clearly show what the reciprocating translation member is and does not clearly label what the component is as described in the specification. Figures 2, 3, and 4 are also unclear and fuzzy so smaller components labeled are hard to decipher. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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):
“Rotation driving mechanism” (claim 2, ln.2, 5, 6, 12)
The term “rotation driving mechanism” in claim 2 is interpreted under 35 USC 112(f)
because sufficient structure is not recited in the claim to support the function of “rotation driving mechanism.” The corresponding sufficient structure is recited in the specification. The following is the corresponding structure provided: [0027] discloses the rotation driving mechanism 26 comprises an inner casing 261, a battery 268, a first motor 266, a turbine 264 and a first worm 263; a mounting cavity 262 is provided on the inner casing 261 and further comprises a second motor 267 and a second worm 265, the second motor 267 is fixed to the inner wall of the mounting cavity 262, the second worm 265.
The term “rotation driving mechanism” in claims 3 and 4 are not interpreted under 35 USC 112(f) because sufficient structure is recited in the claim to support the function of “rotation driving mechanism.”
Regarding claim 3, the claim discloses “the rotation driving mechanism comprises an inner casing, a battery, a first motor, a turbine and a first worm; a mounting cavity is provided on the inner casing, the battery, the first motor, the turbine and the first worm are all located in the mounting cavity which provides sufficient structure to support the phrase “rotation driving mechanism.”
Regarding claim 4, the claim discloses “a second motor and a second worm, the second motor is fixed to the inner wall of the mounting cavity, the second worm is mounted on a rotating shaft of the second motor” which provides sufficient structure to support the phrase “rotation driving 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.
Claims 2-9 and 11 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 2, the term “an outer casing” is unclear due to the uncertainty of whether the outer casing is housing the reciprocating translation (part of the entire massager) driving device or if it is a part of the reciprocating translation driving device alone. In Figure 1, the outer casing 21 is on the outside of the reciprocating translation driving device 2 which contradicts claim 2 and the specifications ([0027] discloses the outer casing 21is a part of the reciprocating translation driving device 2) when discussing what the reciprocating translation driving device is comprised of.
For the purposes of examination, the outer casing will be considered the housing for the reciprocating translation driving device where the reciprocating translation driving device is inside or on the inner wall of the outer casing and where the outer casing is attached to the backside of the entire massager.
Regarding claim 4, the term “the worm” is unclear due to the first worm or second worm being introduced before the term “the worm” is used. It is necessary for specification to be made on which worm is being referred to.
For the purposes of examination, the term “the worm” will be considered the second worm.
Regarding claim 11, the portion, “conductive wires on the first motor, conductive wires on the second motor, conductive wires on the battery and conductive wires on the sensing module” as a whole is unclear as this does not specify where the conductive wires on each component are being connected to or rather if they are connected to anything at all.
For the purposes of examination, the conductive wires on the first motor, conductive wires on the second motor, conductive wires on the battery and conductive wires on the sensing module will be considered attached to the circuit board in which the main control module is arranged on.
Any remaining claims are rejected as being dependent upon a rejected base claim.
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 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US
2025/0120744) in view of Wu (US 2023/0201074).
Regarding claim 1, Chen discloses a massager comprising a massaging member (Chen, Fig 7, inner container 2 is the massaging member); a reciprocating translation driving device, wherein the reciprocating translation driving device (Chen, Fig 5 and [0071] discloses a first power mechanism which includes a first motor 701, PCB, a gearbox 702, crank 703, sliding ring 704, sliding groove 7051 and a connecting block 705 where all these components connect to first and second sliding rod 708 and 709) comprises a reciprocating translation member (Fig 5, connecting block 705 and the sleeve 706), the massaging member (Fig 7, inner container 2 ) is mounted on the reciprocating translation member (Fig 7, inner container 2 is mounted to connecting block and sleeve 706 through first and second sliding rod 708 and 709), and when the reciprocating translation driving device drives the reciprocating translation member to perform a linear reciprocating translation motion ([0027] discloses that the first motor drives the connecting block 705 to drive the sleeve to move back and forth). Chen further discloses a main control module (([0024 discloses a printed circuit board).
Chen does not disclose the massaging member and the sensing member being driven to perform linear reciprocating translation motion synchronously; and a range of motion adjustment module and a range of motion adjustment module, wherein the range of motion adjustment module comprises a main control module and a sensing module, a position of the sensing member corresponds to a position of the sensing module, the sensing module comprises at least three limit sensors arranged at intervals, the at least three limit sensors are respectively connected with the main control module to control two limit sensors to operate, and the at least three limit sensors are arranged along a motion track direction of the sensing member so that the sensing member is capable of reaching the side of a sensing portion of any of the limit sensors, and a distance between the two limit sensors serves as the range of motion of the massaging member.
However, Wu teaches a stretchable massaging device comprising an installation sleeve and a massage member inside the installation sleeve (Wu, Fig 8, installation sleeve 10 and massage member 20) in which a position sensing member is located in the installation sleeve (Wu, Fig 8 and Fig 9, position sensing member 40 is placed inside the installation sleeve) and a sensing block where the position of the sensing block corresponds to a position of the position sensing member (Wu, Fig 9 and Fig 10, the sensing block 50 is on connection sleeve 303 which moves with the massage member 20) . Wu further teachers the first position sensor and a plurality of second position sensors where the first position sensor is placed on the inner wall of the installation sleeve and a plurality of second position sensors are placed on the inner wall of the installation sleeve at intervals along the length of the installation sleeve (Wu, [0011] discloses that the position sensing member 40 includes a plurality of second position sensors 402 in intervals). Wu teaches that the distance between the first position sensor and the second position sensor allows the first position sensor and the second position sensor are at the corresponding positions to give the range of motion or stroke range of the massage member ([0054] discloses the first position sensor 401 can sense the position of the massage member which is considered the initial position sensor and the second position sensors 402 can sense the massage member as it extends). The distances between each of the second position sensors and the first position sensor are different which equates to differing stroke ranges to be set for user preferences ([0054] discloses the distance between the first and second position sensors are considered the stroke range of the massage member which can be adjusted. [0055] discloses that the distances between the second position sensors 402 and the first position sensors 401 are different so various stroke ranges can be adjusted). Wu also discloses the larger position sensing member is electrically connected to the motor then further connected to a control panel which allows for the position sensing member to transmit the position signal to the control panel ([0059] discloses the control panel 103 which is electrically connected to the position sensing member 40 and the motor 302 which allows for the communication of position through the control panel 103).
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 Chen to include a position sensing member, sensing block, first position sensor, and a plurality of second position sensors where the massage member and the sensing block move synchronously and the range of motion adjustment module comprising of a printed circuit board and position sensing member to include a position of the sensing block corresponding to a position of the position sensing member where the, of at least three, plurality of second position sensors and first position sensor are connected to the printed circuit board as taught by Wu. It would also be obvious to arrange the limit sensors along a motion track direction to operate and the sensing portion of any limit sensors can be sensed by the sensing member and the distance between two limit sensors is the range of motion of the massaging member as taught by Wu.
The massage device of Chen would be modified to have a sensing block (Wu, Fig 10, sensing block 50 is the sensing member) that would be mounted on the sleeve (Chen, Fig 5, sleeve 706 along with connecting block 705 is the reciprocating translation member) so the inner container (Chen, Fig 2, inner container 2) can be moved synchronously with linear motion. The sensing block (Wu, Fig 10, sensing block 50) would be mounted on the sleeve (Chen, Fig 5, sleeve 706) as this is moving up and down the first and second sliding rods (Chen, Fig 6, first sliding rod 708 and second sliding rod 709; Wu, [0054] discloses the initial position and secondary position are retrieved through the first and second position sensors. In order to determine the range of motion of maintain the adjustable aspect, the inner container and the sensors must move at the same time. [0024] further discloses the sensing block moves with the drive end of the drive member and/or the massage member). The massage device of Chen can be further modified to have the position sensing member, the first position sensor, and the second position sensor (Wu, Fig 8, position sensing member 40; Fig 10, first position sensor 401 and second position sensors 402) to be located in the left or right inner housing components (Chen, Fig 3, left inner housing 601 and right inner housing 602) where the position sensing member could be placed on the side of the inner housing and would include the individual first position sensor and the plurality second positions sensors arranged in intervals of one first position sensors and at least three second position sensors along in a row. The first and second position sensors could also be fixed on to the first sliding rod or second sliding rod. Both placements of the first and second position sensors would allow for the position sensors to be arranged along the motion of the inner container and can allow the sensing block to sense the positions sensors to detect the range of motion using the distance between the first position sensor and one of the second position sensors. The massage device of Chen can be modified further to have the first position sensor, second position sensors, and position sensing member to be electrically connected to the printed circuit board in order to receive position signals which can be used to control the range of motion of the inner container (Chen, [0098] disclose a display screen with a series of buttons connected to a printed circuit board 603; [0096] and [0097] discloses that the first power mechanism, second power mechanism, battery 604 are electrically connected to a printed circuit board 603 which allow for the first and second position sensors and the position sensing member to be integrated into the print circuit board 603).
Regarding claim 10, the modified massage device of Chen has the massage device of claim 1, as mentioned above.
Chen does not have the number of limit sensors equating to 4.
However, Wu teachers the first position sensor and a plurality of second position sensors where the first position sensor is placed on the inner wall of the installation sleeve and a plurality of second position sensors are placed on the inner wall of the installation sleeve at intervals along the length of the installation sleeve (Wu, [0011] discloses that the position sensing member 40 includes a plurality of second position sensors 402 in intervals).
Allowable Subject Matter
Claim 2-9 and 11 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:
The closest identified prior art of record is Chen as cited and relied upon above. Regarding claim 2, Chen fails to disclose an elongated hole that is provided on the guide portion (ln. 14) including the elongated hole arranged along the length direction of the outer casing. Further, Chen fails to disclose a guide body on the guide sleeve passes through the elongated hole and is connected to the massaging member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Huang (US 11925592), Cheng (US 2023/0355466), Cun (US 12370122) are male massaging devices that have reciprocating translation driving devices with the use of motors, batteries, as well as vibrating and/or flexible protrusion massaging members and sleeves. They all also have sort of guiding system as well as linear motion.
Sloan (US 2019/0350800) is a male massaging device that requires linear motion but uses sensors to set limits of motion for the reciprocating motion.
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 BISHOP/
Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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