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 .
Specification
The amended Abstract filed 20 July 2026 is acceptable.
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 34, 35, and 39 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.
In regards to Claim 34, the phrase “the gripping sleeve” lacks proper antecedent basis.
In regards to Claim 39, the phrase “the gripping sleeve” lacks proper antecedent basis.
The remaining claims inherit the rejection by dependency.
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) 21, 22, 29-31, 34, 35, and 38-40 is/are rejected, to the degree definite, under 35 U.S.C. 103 as being unpatentable over Marton et al (20190254921) in view of Goldstein (20180008512).
In regards to Claim 21, Marton teaches a percussive massage device (Detail 100) comprising:
a main enclosure extending along a longitudinal direction (Claim 1: enclosure);
a reciprocation assembly at least partially within the main enclosure, the reciprocation assembly comprising:
a piston that moves in the longitudinal direction (Claim 1: piston);
a motor having a rotatable shaft (Claim 1: motor);
a crank coupled to the shaft and having a post offset from the shaft (Claim 1: crank, pivot); and
a reciprocation linkage having a first linkage end and a second linkage end, the first linkage end operatively connected to the post of the crank, the second linkage end operatively connected to the piston (Claim 1: flexible transfer linkage).
While Marton essentially teaches the invention as detailed, including a battery that arranged downward from the main enclosure, it fails to specifically teach a handle. Goldstein, however, teaches that when dealing with a massage device, it is well known to provide a handle extending from a main enclosure and formed over an extended battery (Figure 9, Details 130, 22). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have covered the battery of Marton with the handle of Goldstein, so as to better protect the battery from damage.
In regards to Claim 22, Marton teaches the main enclosure comprises a first enclosure portion (Detail 112) coupled to a second enclosure portion (Detail 114), the main enclosure defining a cavity extending along the longitudinal direction and including a front opening (Figure 3).
In regards to Claim 29, Marton teaches the piston receives a removably attachable applicator head (Claim 1: applicator head).
In regards to Claim 30, Marton teaches the rotatable shaft has a central axis oriented perpendicular to the longitudinal direction (Claim 1: motor).
In regards to Claim 31, Marton teaches the post of the crank is parallel to the central axis of the shaft (Figures 11A, 11B).
In regards to Claim 34, while Marton essentially teaches the invention as detailed, it fails to specifically teach a gripping sleeve including rubber material, which Goldstein teaches (Paragraph 49; neoprene). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided such a gripping sleeve, so as to make the device easier to hold. The ordinarily skilled artisan would have appreciated better grip and would have known to utilize the gripping sleeve as taught.
In regards to Claim 35, Goldstein teaches the rubber material is neoprene (Paragraph 49; neoprene).
In regards to Claim 38, Marton teaches the end of the battery has an end cap and a light ring (Paragraph 48), which would be below the handle and sleeve when included from Goldstein.
In regards to Claim 39, while Marton essentially teaches the invention as detailed, it fails to specifically teach a gripping sleeve, which Goldstein teaches (Paragraph 49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided such a gripping sleeve, so as to make the device easier to hold. The ordinarily skilled artisan would have appreciated better grip and would have known to utilize the gripping sleeve as taught. With a gripping sleeve present, the light ring would be disposed between the gripping sleeve and the end cap since the gripping sleeve would not go all the way to the end.
In regards to Claim 40, Goldstein teaches the battery would be at least partially within the handle (Figure 9).
Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marton et al in view of Goldstein as applied to claim 21 above, and further in view of Hu (D895829).
In regards to Claims 32 and 33, while the combination of Marton and Goldstein essentially teaches the invention as detailed above, including a handle that extends from the main enclosure along a handle axis, it fails to specifically each the handle axis is oriented at a slant angle of approximately 12 degrees. Hu, however, teaches that when dealing with similar massage devices, it is well known to provide the handle with a slant angle of approximately 12 degrees (Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have slanted the handle as taught, so as to make the massage device more ergonomic. In regards to the angle being approximately 12 degrees, the figure does not label the angle specifically, but it is approximately 12 degrees. Examiner also notes, Applicant provides no criticality or unexpected results arising from an angle of 12 degrees.
Terminal Disclaimer
The terminal disclaimer filed on 20 July 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Nos. 10,993,874, 11,766,381, 11,723,830, and 11,478,400 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Allowable Subject Matter
Claims 23-28, 36, and 37 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.
Response to Arguments
Applicant's arguments filed 20 July 2026 have been fully considered but they are not persuasive.
Applicant’s only argument is that Marton (20190254921) is not available as prior art against the pending claims. Examiner respectfully disagrees.
The earliest effective filing date of the instant application is November 5, 2020, as acknowledged by Applicant in their arguments. Marton (20190254921) was published on August 22, 2019, more than a year prior. As such, Marton (20190254921) qualifies under 102(a)(1).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732
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