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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “the induction block passes through a guide rod, a spring, and a slider; the guide rod extends in a forward and backward direction and is fixedly set; the slider, the spring, and the induction block are sequentially connected to the guide rod from front to back, and the slider is connected to the rear end of the massage device; the induction block is cooperatively located in front of the inductor” (claim 4, lines 2-6) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Furthermore, the drawings are objected to because fig. 4 contains an assembly having a plurality of parts, some form of connection to indicate that all of the parts are part of the same assembly is missing. A connecting axis or bracket is needed to show that the plurality of parts are part of the same assembly. See 37 C.F.R. 1.84(h)(1).
Furthermore, the drawings are objected to because all of the lead lines, reference numerals and structural outlines of the figures in figs. 1-7 are faded and dotted. Every line must be durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined. Additionally, the weight of all lines must be heavy enough to permit adequate reproduction. See 37 C.F.R. 1.84(l).
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.
The abstract of the disclosure is objected to because it contains legal phraseology, (i.e., the term “comprising” in lines 1 and 3 and of the abstract). Correction is required. See MPEP § 608.01(b).
The abstract of the disclosure is objected to because it contains terms that are implied (i.e., the term “The present invention discloses” in line 1 of the abstract). See MPEP § 608.01(b).
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
In claim 1, line 7, the term “the shape” is suggested to be changed to --a shape-- in order to clarify the claim.
In claim 3, line 3, the term “the inductor” is suggested to be changed to --the fixed inductor-- in order to provide consistency.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the limitation “a vibration adjustment mechanism…when the vibration mechanism senses the corresponding back stretching deformation or forward restoration of the second deformation portion, the vibration adjustment correspondingly controls the vibration motor to increase or decrease the vibration intensity” (claim 2, lines 2-6, the term “mechanism” is a generic placeholder and the function is “vibration adjustment” and “when the vibration mechanism senses the corresponding back stretching deformation or forward restoration of the second deformation portion, the vibration adjustment correspondingly controls the vibration motor to increase or decrease the vibration intensity”).
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“a vibration adjustment mechanism”: vibration adjustment mechanism 6, for example, the vibration adjustment mechanism 6 comprises a fixed inductor 61 and an induction block 62 that is connected to the rear end of the massage device 2 and is matched with the inductor 61, see paragraphs 0035-0036 or the vibration adjustment mechanism 6 comprises an electrodeless encoder 68, a gear 69, and a rack 70, the electrodeless encoder 68 is connected to the rear end of the massage device 2, the gear 69 is connected to the electrodeless encoder 68, and the rack 70 is extended in forward and backward directions and fixed in the shell 3 and engaged with the gear 69, see paragraph 0049.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation “the induction block passes through a guide rod, a spring, and a slider; the guide rod extends in a forward and backward direction and is fixedly set; the slider, the spring, and the induction block are sequentially connected to the guide rod from front to back, and the slider is connected to the rear end of the massage device; the induction block is cooperatively located in front of the inductor” (claim 4, lines 2-6) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation is claiming that the induction block passes through a guide rod, a spring and a slider, the disclosure in paragraph 0037 further discloses “the induction block 62 passes through the guide rod 63, spring 64, and slider 65”, however, the specification does not provide adequate written disclosure on how the induction block 62 passes through the guide rod 63, the spring 64 and the slider 65 in order to function as a vibration adjustment mechanism. In figs. 3 and 5 of the drawings, it appears that the guide rod 63 is what passes through the induction block 62, the spring 64 and the slider 65, not the induction block passing through the guide rod 63, the spring 64 and the slider 65. With the drawings contradicting the claims and the specification and without adequate written description from the specification to show how the induction block passes through a guide rod, a spring and a slider in order to function as the vibration adjustment mechanism, claim 4 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 is rejected for its dependency on a rejected base claim.
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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the limitation “An improved massager” (line 1) is unclear as to how to determine the metes and bounds of the limitation “improved”, therefore, it is unclear what the term “improved” is a relative to. Furthermore, the term “improved” is too relative, since a massager that is an improvement relative to one person is not an improvement relative to another person.
Regarding claim 1, the limitation “a massage chamber that can undergo elastic deformation” (lines 1-2) is unclear as to how to determine the metes and bounds of the limitation, specifically, because the term “can” can be defined as providing a possibility, therefore, it is unclear if the massage chamber can or cannot undergo elastic deformation.
Regarding claim 1, the limitation “An improved massager, comprising a massage device with a massage chamber that can undergo elastic deformation and a shell that accommodates and fixes the massage device, characterized in that: further comprising” (lines 2-4) is unclear as to what structure is the limitation “characterized in that: further comprising” applicable to, the improved massager or the massage device.
Regarding claim 1, the limitation “the side wall” (line 8) lacks proper antecedent basis.
Regarding claim 1, the limitation “the massage reinforcement block can correspondingly move towards” (line 9) is unclear as to how to determine the metes and bounds of the limitation, specifically, because the term “can” can be defined as providing a possibility, therefore, it is unclear if the massage reinforcement block can or cannot correspondingly move towards.
Regarding claim 2, the limitation “the vibration intensity” (line 6) lacks proper antecedent basis.
Regarding claim 3, the limitation “the rear end” (line 3) lacks proper antecedent basis.
Regarding claim 4, the limitation “and is fixedly set” (line 3) is unclear as to what the guide rod is fixedly set to.
Regarding claim 5, the limitation “the side edge” (line 4) lacks proper antecedent basis.
Regarding claim 7, the limitation “the rear end the gear” (line 3) is unclear as to what the applicant is trying to claim, what is meant by “the rear end the gear”, is the claim limitation trying to claim --the rear end of the gear--, or --the rear end and the gear-- or --the rear end or the gear--. Furthermore, it is unclear as to what structure “the rear end” in line 3 is part of, furthermore, the term “the gear” lacks proper antecedent basis. It is noted that line 2 claims “gears”.
Regarding claim 7, the limitation “the rack” (line 4) lacks proper antecedent basis. It is noted that claim 7, line 3, claims “racks”.
Regarding claim 8, the limitation “the rear end and the rear end of the spring” (line 5) is unclear as to what “the rear end” that precedes the term “the rear end of the spring” is referring to, the rear end in claim 7, line 3 or a different rear end. Furthermore, the limitation “the rear end of the spring” lacks proper antecedent basis.
Regarding claim 9, the limitation “the rear ends” (line 3) lacks proper antecedent basis.
Any remaining claims are rejected for their dependency 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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (2023/0046726) in view of Gu (2023/0372191) and Tang (CN 202537900).
PNG
media_image1.png
558
717
media_image1.png
Greyscale
PNG
media_image2.png
769
791
media_image2.png
Greyscale
Regarding claim 1, Liu discloses an improved massager (entire device shown in figs. 2A-3C including 216, 114 and 202, paragraphs 0026-0059), comprising a massage device (212, 202, 218, 310 and vibrator (paragraphs 0045 and 0047), fig. 2C, paragraphs 0037-0038, the massage device is the improved massager minus 216) with a massage chamber (212 comprising cavity for receiving the penis and the chamber has opening 224, see fig. 2C, paragraphs 0037-0038) that can undergo elastic deformation (see paragraphs 0037-0038) and a shell (216, figs. 2A-2B and paragraphs 0033-0040) that accommodates and fixes the massage device (the shell 216 responsible for fixing 202, 218, 310 and/or 212, figs. 2A-3C, paragraphs 0026-0059), characterized in that: further comprising a deformation support frame (202, 208, 308 and 310, figs. 3A-3B and paragraphs 0033-0040) that is compatibly installed in the massage device (the deformation support frame is positioned inside 216 of the massage device, see figs. 2A-3B); the deformation support frame is provided with a first deformation portion (208 is configured to deform by the user pushing 208 to deform 212, see paragraphs 0042-0044) that is enlarged forward (see the annotated-Liu fig. 2A), and the massage device is provided with a second deformation portion corresponding to the shape of the first deformation portion (see the annotated-Liu 2A, the majority of 212 is the second deformation portion, which is being deformed by 208, which would make that majority portion of 212 a second deformation portion that correspond to the shape of the first deformation portion 208), a vibrator is part of the massage device (see paragraphs 0043 and 0047), but fails to specifically disclose that the vibration motor is in the massage device.
However, Gu teaches a massage device comprising a vibration motor in the massage device (entire device shown in fig. 5 or fig. 7 is the massage device, the vibration motor is 30 in figs. 5 and 7, paragraphs 0043-0048, furthermore, specifically in paragraph 0046, Gu discloses that the vibrators 30 adopt electronic devices such as vibration motors).
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 vibrator of Liu to be the vibration motor as taught by Gu and to be positioned in the massage device of Liu as taught by Gu for the purpose of providing an alternative vibration motor and position that would be able to provide massaging effects to the user.
The modified Liu fails to disclose a massage reinforcement block protrudes on the side wall of the massage device, and the massage reinforcement block can correspondingly move towards the centerline of the massage chamber as the second deformation portion is stretched backwards and deformed.
PNG
media_image3.png
1205
887
media_image3.png
Greyscale
However, Tang teaches a massage chamber (chamber formed by flexible container 3, see figs. 1-2) of a massage device (entire device in fig. 1 including 1, 2, 3, 4, 5, and 6), wherein a massage reinforcement block protrudes on the side wall of the massage device, and the massage reinforcement block can correspondingly move towards the centerline of the massage chamber as a second deformation portion is stretches backwards and deformed (see the annotated-Tang fig. 2 above and paragraphs 0022-0027, Tang discloses that the blocks extend from a sidewall of the massage chamber formed by 3 and due to the flexibility of 3, the blocks can move towards the centerline of the massage chamber as a second deformation portion is stretch backwards, the user can use a finger or a rod by sticking the finger/rod into the cavity of 3 and pull back the second deformation portion such that the blocks can move towards the centerline, alternatively, the center line can be interpreted as any line that intersect a center point and that the blocks move towards to, therefore, due to the flexibility of the material forming the blocks, depending on how the material is being manipulated, the blocks would be capable moving towards the centerline of the massage chamber as a second deformation portion is stretches backwards and deformed).
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 chamber to have the massage chamber comprising blocks as taught by Tang for the purpose of providing a massage texture that would enhance the massage/stimulation effect .
Regarding claim 2, the modified Liu discloses a vibration adjustment mechanism (218 and 310, fig. 3C and paragraphs 0036-0047 of Liu) set in the shell and corresponding to the vibration motor; when the vibration adjustment mechanism senses the corresponding backward stretching deformation or forward restoration of the second deformation portion, the vibration adjustment mechanism correspondingly controls the vibration motor to increase or decrease the vibration intensity (when 208 is pressed against 212 in a backward stretching formation or a forward restoration of the second deformation portion to applying a pressure to the sensor 310 of Liu, a change in the pressure sensor would cause a change in the intensity of the vibration, see paragraph 0045, alternatively, when the penis is aroused and is inserted toward the distal end or away from the distal end/rear end, this would signal to the pressure sensor 310 to control the intensity of the vibration motor, see paragraph 0045 with reference to paragraphs 0036-0047 of Liu).
Regarding claim 10, the modified Liu discloses that the massage reinforcement block moving correspondingly towards the centerline of the massage chamber with the second deformation portion stretching backwards (see the annotated-Tang fig. 2 above, as shown, the massage reinforcement block can be manipulated such that the massage reinforcement block moves correspondingly towards a centerline (or alternative centerline as explained above in the rejection to claim 1) of the massage chamber with the second deformation portion stretching backwards, the vibration motor vibrates and causes the massage device to vibrate as disclosed in paragraphs 0036-0047 of Liu), the vibration motor vibrates and causes the massage device to vibrate.
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (2023/0046726) in view of Gu (2023/0372191) and Tang (CN 202537900) as applied to claim 2 above, and further in view of Dekrone (4,627,292).
Regarding claim 3, the modified Liu discloses that the vibration adjustment mechanism comprises a force sensor (see paragraphs 0039-0043 of Liu, Liu discloses that the sensors 310 is configured to detect the magnitude of force), but fails to disclose that the vibration adjustment mechanism comprises a fixed inductor and an induction block that is match with the inductor and connected to the rear end of the massage device.
However, Dekrone teaches a force sensor comprises a fixed inductor (11’ and 12’, fig. 3) and an induction block (13’ and 14’, fig. 3) that is match with the inductor (see fig. 3 and col 7, line 52 to col 8, line 2, Dekrone discloses that the induction block 13’ and 14’ is used to detect force with the fixed inductor (12’), therefore, the induction block is matched with the fixed inductor in that they corresponds with one another, relative to a structure that is unrelated to the fixed inductor).
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 force sensor (310 of Liu) of the modified Liu to be the force sensor as taught by Dekrone for the purpose of providing an alternative force sensor that would perform equally well and provide the predictable result of allowing force to be measured (see col 7, line 52 to col 8, line 2 of Dekrone).
After the modification, the fixed inductor and the induction block are part of the massager, therefore, would be connected to the rear end of the massage device.
Regarding claim 6, the modified Liu discloses that the inductor is a pressure inductor (see col 7, line 52 to col 8, line 2 of Dekrone, the inductor (11’ and 12’) functioned as a force sensor portion and is configured to receive pressure/force being applied to the inductor via 13’ and 14’, therefore, is a pressure inductor, alternatively, the inductor is configured to receive pressure being applied by the spring 18’ or magnet 14’, therefore, is a pressure inductor, it is noted that the claim does not claim how the inductor is a pressure inductor).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (2023/0046726) in view of Gu (2023/0372191) and Tang (CN 202537900) as applied to claim 1 above, and further in view of Tindal (2021/0128400).
Regarding claim 9, the modified Liu discloses first deformation portion (208 is configured to deform by the user pushing 208 to deform 212, see paragraphs 0042-0044), but fails to disclose that the first deformation portion comprises two curved plates symmetrically distributed above and below and spread forward, and a positioning ring for connecting the rear ends of the two curved plates.
PNG
media_image4.png
934
939
media_image4.png
Greyscale
However, Tindal teaches a massager being connected to a deformation portion (130 comprising 131 and 132, figs. 2-5, see paragraph 0047, Tindal discloses that the waist band 131 and straps 132 are made of an elastic material (deformable)) comprises two curved plates (132, figs. 2-5, as shown 132 are straps, straps is a thin piece of material, as shown in figs. 2-5, the strap would have a profile of a flexible plate, therefore, the straps 132 is a curved plates since 132 comprises a curve/bend) substantially symmetrically distributed above and below and spread forward (see the annotated-Tindal fig. 4 above with reference to fig. 1, the curved plates 132 are three dimensional, therefore, relative, is spreading forward, furthermore, the curved plates 132 are three dimensional therefore, are above and below axis, relative to the axis of the respective curved plate, wherein axis is below and above an upper portion and a lower portion of the respective curved plate 132, respectively. Alternatively and relatively, a first strap 132 is above the 2nd strap 132, while the 2nd strap 132 is below the first strap 132) and a positioning ring (131, see paragraph 0047) for connecting the rear ends of two curved plates (see the annotated-Tindal fig. 4 above).
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 massager of the modified Liu to have the first deformation portion as taught by Tindal for the purpose of providing a device to comfortably hold the massager, thereby, providing convenience to the user (see paragraphs 0046-0050 of Tindal).
Furthermore, the modified Liu discloses curved plates (132 of Tindal) are substantially symmetrically distributed above and below one another (see the annotated-Tindal fig. 4 above), but fails to disclose that the curved plates are symmetrically distributed above and below one another.
However, the feature of choosing to have the curved plates being symmetrically distributed versus substantially symmetrically distributed above and below one another is considered as an obvious design choice, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Allowable Subject Matter
Claims 4-5 and 7-8 are allowed over the prior art.
Claims 4-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph and 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.
Claims 7-8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bosh (WO 2012101289) is cited to show a massage device comprising a vibration motor.
Li (WO 2018/176210) is cited to show a massage chamber comprising a plurality of massaging blocks.
Cai (10,154,832) is cited to show a massager comprising a massage chamber, a position sensing module and a vibratory element.
Liu (2021/0196560) is cited to show a massager comprising a vibrating motor.
Kobashikawa (8,308,631) is cited to show a massager comprising a massage chamber for receiving a penis of the user.
Chen (2017/0071819) is cited to show a masturbation cup comprising ridges that forms a block.
Abbassi (2003/0036678) is cited to show a stimulation chamber comprising a sensing means.
Zhou (2023/0210718) is cited to show a massage chamber comprising blocks.
Chen (2024/0115456) is cited to show a massage chamber comprising a vibration motor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TU A VO whose telephone number is (571)270-1045. The examiner can normally be reached Monday-Friday 9:00 AM - 6:00 PM EST.
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.
/TU A VO/Primary Examiner, Art Unit 3785