Prosecution Insights
Last updated: September 17, 2026
Application No. 18/430,739

Neck and Shoulder Massager

Non-Final OA §103§112
Filed
Feb 02, 2024
Priority
Jan 04, 2024 — CN 202410012774.X
Examiner
MILLER, CHRISTOPHER E
Art Unit
Tech Center
Assignee
Xiamen Emoka Health Science & Technology Co. Ltd.
OA Round
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
232 granted / 501 resolved
-13.7% vs TC avg
Strong +54% interview lift
Without
With
+54.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
41 currently pending
Career history
529
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
43.9%
+3.9% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
36.5%
-3.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 501 resolved cases

Office Action

§103 §112
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 . Status of Claims 2. Claims 1-10 are pending and currently under consideration for patentability under 37 CFR 1.104. Drawings The drawings are objected to because Figure 1 is an exploded view, which should have the separated parts embraced by a bracket, to show the relationship or order of assembly of various parts. See 37 CFR 1.84(h)(1). 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. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. In the instant case, line 1 states “Disclosed is” and line 3 states “According to the present disclosure” which is language that can be implied, and should be deleted. Claim Interpretation Claim 1, the last line recites “formed by a hot pressing process” which is product-by-process language. It is noted that product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps ("even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”). See MPEP 2113(I). Claim Interpretation - 35 USC § 112(f) 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: “driving assembly … drives the push rod and the massage head to act” (the push rod swings up and down, the massage head ratably swings in claim 1). The corresponding structure described in the specification appears to be the center plate, battery, motor, worm wheel, transmission gear, kneading shaft, gland, eccentric swing wheel, kneading swing arm, and blocking piece (see para. [0022] and see claim 8). 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. This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “detachably connected by means of mutually matched male buckles and buckle holes” in claim 7 because sufficient structure is recited to perform the function. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. 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 1-10 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. Claim 1, the last line recites “the shoulder strap” which is confusing because the claim previously recites “two shoulder straps.” It is unclear if the limitation(s) following “the shoulder strap” apply to just one, or both shoulder straps. Claim 4, lines 2-3 recite “the two shoulder straps are fixedly connected to two sides of the housing” which is confusing because claim 1 requires the shoulder straps to be detachably mounted to the two sides of the housing. Claim 4, line 3 recites “two sides of the housing” and the Examiner suggests --the two sides of the housing-- to clarify the antecedent basis. Claim 8, line 3 recites “a gland” and it is unclear what definition is intended to be used for this term based upon the disclosure. Based upon Fig. 4 and para. [0072], the gland has a baffle with a plurality of oil storage holes filled with lubricating oil. Claim 8, line 10 recites “two glands” which is confusing because the claim previously only recites “a gland.” Are these “two glands” separate from the previously recited “a gland”? Claim 8, lines 10-11 recite “the eccentric swing wheels” which is confusing because the claim previously recites only a single “eccentric swing wheel” (line 3). Claim 8, lines 11-12 recite “the two eccentric swing wheels” which is confusing because the claim previously recites only a single “eccentric swing wheel” (line 3). Claim 8, lines 12-13 recite “two kneading swing arms” which is confusing because the claim previously recites only a single “kneading swing arm” (line 3). Claim 8, line 14 recites “the blocking pieces” which is confusing because the claim previously recites only a single “blocking piece” (line 3). Claim 8, line 15 recites “the gland” which is confusing because the claim previously recites “a gland” and “two glands.” It is unclear which gland is being referred to. The remaining claims are rejected based on their dependence on a rejected base claim. 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. Claim(s) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Liao et al. (2024/0358577) in view of Grbic (2022/0117833). Regarding claim 1, Liao discloses a neck and shoulder massager (Fig. 1, see title), comprising: a housing (inner housing 51, outer housing 52, and cover shell 20 (21, 22), Figs. 20-21), a machine core box (a motor receiving box is formed by second receiving chamber 202 and by the rectangular plate overlying the driving component 18 as seen in Fig. 20 and Fig. 5; see the third sentence of [0078]), a driving assembly (drive mechanism 10, Fig. 21), a push rod (swing component 14, Fig. 1, Fig. 15), a mounting seat (eccentric transmission component 15, Fig. 1), and a massage head (first massage head 200, see Figs. 2-3), wherein the push rod (14) is connected to the driving assembly (push rod 14 is operably connected to the driving assembly 10, and its transmission shaft 11: “when the transmission shaft 11 rotates, the second connecting piece 12 and the movable component 13 drive the swing component 14 and the second massage head 300 to swing, thereby forming massage actions on the shoulders” see the last sentence of [0041]) and the housing (push rod 14 extends through inner housing 51, see Fig. 20, and its first arm segment 141 is connected to the housing at first/second limit arm(s) 2002, 2003 of cover shell 20, see Fig. 14 and para. [0073]) and is limited by the housing (“the first limit arm 2002 and the second limit arm 2003 cooperatively define a swinging space M in the thickness direction of the cover shell 20, and the first arm segment 141 can swing in the swinging space M” see para. [0074] … “the first arm segment 141 is limited to be swing in the swinging space M and cannot swing beyond the limit arms” see para. [0075], Fig.14, and Fig. 18), and the push rod (14) partially protrudes from the housing (“Each of the first massage head 200 and the second massage head 300 protrude from the housing 50” see the first two sentences of [0079] and see Figs. 2-3) and swings up and down (“the first massage head 200 and the second massage head 300 move toward each other in the width direction of the wearing body 100 and cooperatively pinch the shoulders” see the last sentence of [0044] and Fig. 3, and note that the “width direction” is the up and down direction in Figure 3, as “the first massage head 200 and the second massage head 300 are spaced from each other in the width direction” see the third sentence of para. [0044]); the mounting seat (15) is connected to the driving assembly (connected via transmission shaft 11, see Fig. 4 and para. [0045]) and penetrates through the housing (see Fig. 2, Figs. 5-6), and the massage head (200) rotatably swings with the mounting seat (“When the eccentric transmission component 15 rotates, the first connecting piece 19 can rotate relative to the rotation driving portion 153” see para. [0050], “When the eccentric transmission component 15 rotates, the first connecting piece 19 can swing and drive the first massage head 200 to move” see para. [0056]); the driving assembly (10) is mounted to the machine core box (see Figs. 20-21 and para. [0078]), and drives the push rod (14, which carries massage head 300) and the massage head (200) to act (“When the driving mechanism 10 drives the first massage head 200 and the second massage head 300 to work, the first massage head 200 and the second massage head 300 move toward each other in the width direction of the wearing body 100 and cooperatively pinch the shoulders.” See the last sentence of [0044]); the machine core box (motor receiving box is formed by second receiving chamber 202 and by the rectangular plate overlying the driving component 18 as seen in Fig. 20 and Fig. 5) is arranged in the housing (within the boundaries of inner housing 51 and outer housing 52, see Fig. 21); Liao is silent regarding two shoulder straps detachable mounted to two sides of the housing, respectively and the shoulder strap is formed by a hot pressing process (it is noted that product-by-process claims are only limited to the structure implied by the steps, MPEP 2113(I)). Furthermore, Liao does not specifically state the massage head is detachably mounted to the mounting seat. Grbic teaches a related neck massager (Fig. 1; see lines 6-12 of [0025]) including two shoulder straps (loops 22a, 22b, Fig. 1 “which can be gripped by the user” see line 4 of [0042]) mounted to two sides of a housing (mounted to two sides of housing 12 via elongate side parts 21a, 21b, Fig. 1). The shoulder straps allow the user to “pleasantly” hold the massage appliance in a desired position, for example carrying out a neck massage by having the two shoulder straps placed over shoulder(s) of the user and gripping the ends (see all of para. [0025]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Liao to have two shoulder straps mounted to two sides of the housing, respectively as taught by Grbic because these straps allow the user to pleasantly hold the massage device in a desired position, and apply the massage to various parts of the body. The modified Liao/Grbic device is still silent regarding the two shoulder straps (22a, 22b, Grbic) being detachably mounted, and the massage head (200, Figs. 2-4 of Liao) being detachably mounted to the mounting seat (15, Fig. 1 of Liao). However, it has been held that “if it were considered desirable for any reason to obtain access to [the internal component(s)] … it would be obvious to make the [covering part] removable for that purpose” (MPEP 2144.04(V)(C)). There are a variety of reasons to make the massage head removable, for example it would make it easier to replace damaged mounting seats or massage heads, remove the massage heads for cleaning or repair, and make it possible to have a kit of different massage heads to selectively attach to the mounting seat. Similarly, there are a variety of reasons to make the shoulder straps removable, such as to make it easier to replace damaged shoulder straps, or to remove the shoulder straps if their function is not desired. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massage head of Lio to be detachably mounted to the mounting seat and to have the shoulder straps detachably mounted to the housing, since it has been held that “if it were considered desirable for any reason to obtain access to [the internal component(s)] … it would be obvious to make the [covering part] removable for that purpose” (MPEP 2144.04(V)(C)), and this provides expected advantages such as making it easier to replace damaged mounting seats or massage heads, remove the massage heads for cleaning or repair, and make it possible to have a kit of different massage heads to selectively attach to the mounting seat. Similarly, making the shoulder straps removable makes it easier to replace damaged shoulder straps, or to remove the shoulder straps if their function is not desired. Laslty, it is reiterated that the limitation of the shoulder strap being formed by a hot pressing process is a product-by-process step, and does not further limit the structure of the shoulder strap. See MPEP 2113(I)). Regarding claim 2, the modified Liao/Grbic device discloses wherein the housing (inner housing 51, outer housing 52, and cover shell 20, Figs. 20-21 of Liao) comprises an upper cover (inner housing 51, Fig. 21 of Liao), a middle cover (cover shell 20, Figs. 20-21 of Liao) and a lower cover (outer housing 52, Fig. 21 of Liao), wherein the upper cover (51) and the lower cover (52) are detachably mounted together (“inner housing 51 and the outer housing 52 connect to each other to receive the cover shell 20 in the housing 50” see para. [0087] and see Fig. 21 showing the housings being separable. Alternatively, it is reiterated that MPEP 2144.04(V)(C) has held that making components separable for any purpose, such as access to mechanical parts for repair, is obvious), the middle cover (20) is arranged in a space defined by the upper cover and the lower cover, (“inner housing 51 and the outer housing 52 connect to each other to receive the cover shell 20 in the housing 50” see para. [0087] and Fig. 21 of Liao) the driving assembly (10) is mounted on the middle cover (see Fig. 21), one end of the mounting seat is connected with the driving assembly (proximal end of mounting seat 15 is connected to the transmission shaft 11 of the driving assembly, see Fig. 4 and Fig. 6 of Liao), the other end of the mounting seat extends to the upper cover (extends at least through the plane associated with upper cover 51, see Fig. 3, Fig. 21) and is detachably connected with the massage head (see the claim 1 rejection statement above, the mounting seat 15 has already been modified to be detachably connected with the massage head 200), one end of the push rod (proximal end, at first arm segment 141 and third arm segment 143, Figs. 14-15 of Liao) is connected with the driving assembly (connected via movable component 13, Fig. 4; see para. [0042] of Liao), and the other end of the push rod (the distal end, at massage head 300, Figs. 14-15) protrudes from the upper cover (“Each of the first massage head 200 and the second massage head 300 protrude from the housing 50” see the first two sentences of [0079] and see Figs. 2-3 of Liao). Regarding claim 3, the modified Liao/Grbic device discloses wherein the upper cover (51, Liao) is provided with (provided adjacent the opening(s) of the upper cover 51, Figs. 2-3, Fig. 21 of Liao) a first buffer sleeve (first connecting piece 19, Fig. 6 of Liao) corresponding to the mounting seat (surrounding the mounting seat 16, see Figs. 4-6 of Liao), and the first buffer sleeve sleeves the mounting seat (see Figs. 4-6 of Liao); the upper cover is provided with (provided adjacent the opening(s) of the upper cover 51, Figs. 2-3, Fig. 21 of Liao) a second buffer sleeve (the massage head 300 is sleeved over push rod 14, see Fig. 15 of Liao; “second massage head 300 is connected to the swing component 14” see para. [0041]) corresponding to the push rod, and the second buffer sleeve (300) sleeves the push rod (14, see Fig. 15 of Liao). Regarding claim 4, the modified Liao/Grbic device discloses wherein the two shoulder straps (22a, 22b, Grbic) are respectively covered with mounting sheets (elongate side parts 21a, 21b, Fig. 1 of Grbic) at sides close to the housing (the mounting sheets 21a, 21b, are at sides “close” to the housing 12 as seen in Fig. 1 of Grbic), and the two shoulder straps are fixedly connected to two sides of the housing by the mounting sheets (the shoulder straps 22a, 22b, are connected to the two sides of the housing 12 via the sheets 21a, 21b, see Fig. 1 of Grbic). Regarding claim 5, the modified Liao/Grbic device discloses wherein the massage head (200, Liao) comprises a massage sleeve (see 1 in annotated Figure A below), a fixing piece (see 2 in annotated Fig. A below) and a base (see 3 in annotated Fig. A below), wherein the base is detachably mounted to the mounting seat (15, in the modified device the massage head 200 is detachably mounted to the mounting seat at its base), the fixing piece is mounted to the base (see Fig. A), and the massage sleeve sleeves the fixing piece (see Fig. A). PNG media_image1.png 371 621 media_image1.png Greyscale Annotated Figure A (from Fig. 5 of Liao): Liao has a massage sleeve (1), fixing piece (2), and base (3). Regarding claim 6, the modified Liao/Grbic device discloses wherein the massage sleeve (1, Fig. A above) is a hollow (as seen in Fig. A above) hemispherical sleeve (see Figs. 3-5, the shape of the sleeve is hemispherical), the fixing piece (2, Fig. A above) is a hollow seat (it is hollow as seen in Fig. A, and forms a seat for the base 3, and mounting seat 15), and a cavity is defined by the massage sleeve, the fixing piece and the base (an internal cavity is formed by the massage sleeve 1, fixing piece 2, and base 3, see Fig. A above). The modified device does not specifically state the massage sleeve is soft rubber. Soft rubber materials such as rubbers or silicones are well known for use in massage applicators as providing a comfortable contact surface. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the material of the massage sleeve to be soft rubber, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice and soft rubber materials are well known to be suitable massage surfaces. See MPEP 2144.07. Regarding claim 7, the modified Liao/Grbic device discloses wherein the lower cover (52, Fig. 21 of Liao) and the middle cover (20, Fig. 21 of Liao) are detachably connected (indirectly connected by the connection of lower cover 52 to upper cover 51, see Fig. 21 and para. [0087] of Liao. Shown to be detachable in Fig. 21. Alternatively, it is reiterated that MPEP 2144.04(V)(C) has held that making components separable for any purpose, such as access to mechanical parts for repair, is obvious) by means of mutually matched male buckles and buckle holes (as seen in Figs. 21-22 of Liao, the proximal side of cover 51 has male protrusions that will mate with corresponding fastening elements in cover 52). Allowable Subject Matter Claims 8-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. None of the prior art of record teaches, discloses, or fairly suggests the claim 8 invention, considered as a whole. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lin (2022/0202643) discloses a related neck and shoulder massager with shoulder straps. Li (2020/0297575) discloses a related neck and shoulder massage mechanism. Pan et al. (2019/0053971) discloses a related neck and shoulder massage mechanism. Zeng (2019/0159957) discloses a related neck and shoulder massage mechanism. Seo et al. (2019/0060159) discloses a related massage mechanism with two detachable straps. Ma et al. (2014/0188019) discloses a related neck massager with two shoulder straps. Zhang et al. (2025/0213419) discloses a related neck and shoulder massage mechanism. Grbic (2022/0000706) discloses a related neck massager with shoulder straps and mounting sheets. Ni (2011/0160628) discloses a related shoulder massager with shoulder straps. Ma et al. (2013/0184621) discloses a related neck massager with shoulder straps. Tielve (2008/0200853) discloses a related massager with a housing that has a pair of detachable straps. Zheng et al. (2021/0022950) discloses a related neck and shoulder massage mechanism with shoulder straps. Carlucci et al. (2024/0099926) discloses a related massager with a housing that has detachable straps mounted on two sides. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 9:00-5:30 (Eastern). 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Feb 02, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
46%
Grant Probability
99%
With Interview (+54.4%)
3y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 501 resolved cases by this examiner. Grant probability derived from career allowance rate.

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