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. 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 appl icant regards as his invention. Claim 15 is 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. The term “ proximate ” in claim 15 is a relative term which renders the claim indefinite. The term “ proximate ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis ( i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1 , 8-17 and 2 0 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Der Merwe et al. (US 2021/0038467). With respect to claim 1 , Van Der Merwe et al. discloses a n actuator, comprising: an outer body member (11) ; a push structure or trapezius node (6 , 7 ) operatively connected to the outer body member (11, as shown in figs.3-4) ; and a massaging element (20, fig.6) movably connected to the push structure (6, as shown in fig.6) , when activated, the actuator is configured to morph into an activated configuration in which a dimension of the actuator increases and such that a position of the push structure changes [0042] -[ 0043] . With respect to claim 8 , Van Der Merwe et al. discloses when the massaging element (20, fig.6) comes into operative contact with an object (rotary motor 10) and [0042] , the massaging element moves from a neutral position [ 0045, when a node spring 19 provides tension against the curved plates 22 to keep them putting pressure on user ] to a moved position [when the motor started to rotate the neck massaging element] and 0043] . With respect to claim 9 , Van Der Merwe et al. discloses when moving from the neutral position to the moved position, the massaging element rotates via the rotary motor (10) and [0042] -[ 0043] . With respect to claim 10 , Van Der Merwe et al. discloses a biasing element or spring (19) and [0045] operatively connected to the massaging element, wherein the biasing element biases the massaging element toward the neutral position [0045, when a node spring 19 provides tension against the curved plates 22 to keep them putting pressure on user ] . With respect to claim 11 , Van Der Merwe et al. discloses the massaging element (20) is partially embedded in the push structure (6, as shown in figs.4 and 6) , and wherein a portion of the massaging element extends beyond an engaging surface of the push structure (as shown in fig.5) . With respect to claim 12 , Van Der Merwe et al. discloses the massaging element (20) is movably connected via (rotary motor 10) to a post or shaft assembly ( 10 , fig.13) and wherein the post or shaft assembly (10) extends from an engaging surface via (holes) and [ 0052] of the push structure ( 7,6) . With respect to claim 13 , Van Der Merwe et al. discloses the massaging element (20) is pivotably connected via rotary motor (10) to the post or shaft assembly [0052] . With respect to claim 14, Van Der Merwe et al. substantially discloses the massaging element (20) includes a surface for engaging an object (as shown in fig.6) , and wherein the surface is curved (as shown in fig.6) . Note : a circle is considered a curved, closed plane figure. With respect to claim 15 , Van Der Merwe et al. discloses the massaging element (20) is located proximate to an edge of the push structure (as shown in fig.4) . With respect to claim 16 , regarding the method step claimed, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed (see rejection to claim 1 above), it will inherently perform the method steps as claimed. Furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of anticipation has been established. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986) and In re Best , 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); (under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device) see MPEP 2112.01(1), as such, Van Der Merwe et al. discloses a method for an actuator, the actuator including an outer body member, the actuator including a push structure operatively connected to the outer body member, the actuator including a massaging element movably connected to the push structure, the method comprising: causing the actuator to morph into an activated configuration in which a dimension of the actuator increases and such that a position of the push structure changes; and imparting a load on the massaging element to cause a movement of the massaging element, whereby the massaging element moves from a neutral position to a moved position. With respect to claim 17 , Van Der Merwe et al. discloses biasing the massaging element or spring (19) and [0045] to the neutral position, whereby, when a load is no longer imparted on the massaging element, the massaging element returns to the neutral position [inherent function of a spring] . With respect to claim 20 , Van Der Merwe et al. discloses imparting a load via the neck of a user on the massaging element includes bringing the massaging element into operative contact with an object. 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) 2-3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Merwe et al. as applied to claim s 1 and 16 above, and further in view of Rudduck U.S. Publication No. (2010/0212312). With respect to claim s 2 and 18 , Van Der Merwe et al. substantially discloses the invention as claimed except one or more contracting members, when an activation input is provided to the one or more contracting members, the one or more contracting members contract, thereby causing the actuator to morph into an activated configuration. Rudduck however, teaches an actuator structure (Abstract) comprising contracting members to effectuate a linear movement [0042] and (fig.11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the actuator or Rudduck as the linear actuator of Van Der Merwe et al., as both references are directed towards devices with linear actuation. One of ordinary skill in the art would have recognized that the linear actuator of Rudduck would have been a simple substitution of one known linear actuator for another that would yield the predictable result of linearly and accurately actuating the push structure of Van Der Merwe et al. Additionally, one of ordinary skill in the art would have recognized that the actuator of Rudduck would have been a silent and low weight option as the linear actuator of Van Der Merwe et al. (See Rudduck , Paragraph [0021]). With respect to claim 3 , the combination of Van Der Merwe et al./ Rudduck substantially discloses the invention as claimed . Rudduck further teaches the one or more contracting members are one or more shape memory material members [0038] -[ 0040] . Claim(s) 4- 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Merwe et al. /Ruddock as applied to claim s 2 and 16 above, and further in view of Le et al. U.S. Publication No. ( 2021/0161755 A1 ). With respect to claim 4 , the combination of Van Der Merwe et al./ Rudduck substantially discloses the invention as claimed except including one or more processors operatively connected to the one or more contracting members, whereby the one or more processors are configured to selectively activate the one or more contracting members, thereby causing the actuator to morph into the activated configuration. Le et al., however, teaches a massaging apparatus (Abstract) comprising one or more processors to control the massaging apparatus [0270] -[ 0275]. In view of the teachings of Le et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the actuator of Van Der Merwe et al./ Rudduck by incorporating one or more processors operatively connected to the one or more contracting members, whereby the one or more processors are configured to selectively activate the one or more contracting members, thereby causing the actuator to morph into the activated configuration in order to provide s oftware program or application (app) in operative communication with the massage chair ([0270] & [0275]) of Lee et al. With respect to claim 5 , the combination of Van Der Merwe et al./ Rudduck /Le et al. substantially discloses the invention as claimed . Van Der Merwe et al. and Le et al. discloses one or more power sources (3) operatively connected to supply electrical energy to the one or more contracting members, wherein the one or more processors are operatively connected to the one or more power sources (3) , wherein the one or more processors are configured to selectively control a supply of electrical energy to the one or more contracting members (See Van Der Merwe et al., Paragraph [0040] & Le, Paragraphs [0270] & [0275]). With respect to claim 6 , the combination of Van Der Merwe et al./ Rudduck /Le et al. substantially discloses the invention as claimed . Van Der Merwe et al. and Lee et al. discloses one or more sensors configured to acquire sensor data, wherein the one or more sensors being operatively connected to the one or more processors, and wherein the one or more processors are configured to selectively cause the actuator to be activated based on sensor data acquired by the one or more sensors (See Van Der Merwe et al. Paragraph [0048] and [0019] -[ 0020] and [0270] & [0275]) of Le et al. With respect to claim s 7 and 19 , the combination of Van Der Merwe et al./ Rudduck /Le et al. substantially discloses the invention as claimed . Van Der Merwe et al. and Le et al. discloses i ncluding one or more user input interfaces (2 , see fig.1 of Van Der Merwe et al .) wherein the one or more user input interfaces (2) are operatively connected to the one or more processors, and wherein the one or more processors are configured to selectively cause the actuator to be activated in response to an input provided on the one or more user input interfaces (See Van Der Merwe et al . , Paragraph [0040] & L e et al. , Paragraphs [0270] & [0275]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the processor of Le et al. in the device of Van Der Merwe et al . , as both references are directed towards massaging apparatuses. One of ordinary skill in the art would have recognized that the processor of L e et al. would have allowed processing of inputs from the controller of Van Der Merwe et al . and accurate control of the massaging device from the controller. (See Le et al. , Paragraphs [0270] & [0275]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT OPHELIA ALTHEA HAWTHORNE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3860 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:00 AM-5:00 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, FILLIN "SPE Name?" \* MERGEFORMAT Alireza Nia can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712703076 . 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. /OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786