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. This action is in response to the filing on 10/19/2023. Since the initial filing, no claims have been added, amended or cancelled. Thus, claims 1-20 are pending in the application. 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 s 8 and 16 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 8 recites the limitation " the middle portion " in line 1 . There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a middle portion” to overcome this rejection. Claim 16 recites the limitation " the middle portion " in line 1 . There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a middle portion” to overcome this rejection. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5, 7-9 and 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Henderson (US 4086922) . In regards to claim 1, Henderson discloses a roller apparatus (instrument 1) comprising: a frame, the frame including a front portion (ball mounting structure 11) and a rear portion ( loop 7, see Annotated Fig 1 and 3); a roller rotatably mounted on the front portion of the frame (rolling ball 2); and a handle extending from a first side of the frame to a second side of the frame (base plate 3), the handle being positioned between the front portion and the rear portion of the frame ( Fig 1 ). Annotated Fig 1 and 3 In regards to claim 2, Henderson discloses the device of claim 1 and Henderson further discloses wherein the frame includes a first opening between the front portion of the frame and the handle and a second opening between the rear portion of the frame and the handle (see Annotated Fig 1 and 3). In regards to claim 3, Henderson discloses the device of claim 2 and Henderson further discloses wherein the handle is configured to be grasped by a hand of user received below a bottom surface of the rear portion and extending through the second opening and the rear portion of the frame contacts a wrist, hand or arm of the user to provide leverage of the frame to adjust pressure applied to the roller (abstract, column 4 line 6-8). In regards to claim 5, Henderson discloses the device of claim 1 and Henderson further discloses wherein the handle is positioned centrally between the front portion and the rear portion of the frame (Fig 1 and 3). In regards to claim 7, Henderson discloses the device of claim 1 and Henderson further discloses wherein the handle is integral with the frame (Fig 1 and 3). In regards to claim 8, Henderson discloses the device of claim 1 and Henderson further discloses wherein the rear portion and the middle portion of the frame have a rounded shape (see Annotated Fig 1 and 3). In regards to claim 9, Henderson discloses the device of claim 1 and Henderson further discloses wherein the front portion of the frame is open between a first side and a second side (see Annotated Fig 1 and 3) , an axle extends between the first side and the second side at the front portion of the frame (axle 20) , a first end of the axle is received in a first aperture in the first side of the frame and a second end of the axle is received in second aperture in the second side of the frame (column 3 line 24-27) , the roller having an aperture extending along the length of the roller, the axle received in the aperture of the roller, wherein the roller freely rotates around the axle during use (though bore 19, column 3 line 23-24 and 36) . In regards to claim 15, Henderson discloses the device of claim 1 and Henderson further discloses wherein rear portion has a same length, longer length or shorter length than a distance between the first side and the second side of the front portion of the frame (Fig 1 and 3). In regards to claim 16, Henderson discloses the device of claim 1 and Henderson further discloses wherein the middle portion includes a front adjoining portion and rear adjoining portion, the front adjoining portion and the rear adjoining portion having a curved shaped or angled shape, the front adjoining portion has a same length, longer length or shorter length than the length of the rear adjoining portion, and when the front adjoining portion and the rear adjoining portion having a curved shape, the front adjoining portion has a same radius of curve, longer radius of curve or shorter radius of curve than a radius of the rear adjoining portion (see Annotated Fig 1 and 3). In regards to claim 17, Henderson discloses the device of claim 1 and Henderson further discloses wherein the bottom surface of the rear portion includes contact area (inner side of loop 7), the contact area comprising a foam or flexible material (loop made of a flexible material, column 37-38). In regards to claim 18, Henderson discloses a roller apparatus (instrument 1) comprising: a frame, the frame including a first end portion a second end portion; a middle portion positioned between the first end portion and the second end portion (see Annotated Fig 1 and 3); a first roller rotatably mounted on the first end portion of the frame; a second roller rotatably mounted on the second end portion of the frame (see Annotated Fig 1 and 3); and a handle extending from a first side of the frame to a second side of the frame (base plate 3), the handle being positioned between the front portion (ball mounting structure 11) and the rear portion (loop 7) of the frame, wherein the first roller and the second roller have the same dimension or the first roller and the second roller have different lengths and different circumferences than each other, the first roller and the second roller comprised of the same or different materials (balls operate uniformly therefore must be identical, column 3 line 4-6, see Annotated Fig 1 and 3). In regards to claim 19, Henderson discloses the device of claim 18 and Henderson further discloses wherein the middle portion includes a front adjoining portion and rear adjoining portion, the front adjoining portion and the rear adjoining portion having a curved shaped or angled shape, the front adjoining portion has a same length, longer length or shorter length than the length of the rear adjoining portion, and when the front adjoining portion and the rear adjoining portion having a curved shape, the front adjoining portion has a same radius of curve, longer radius of curve or shorter radius of curve than a radius of the rear adjoining portion (see Annotated Fig 1 and 3). In regards to claim 20, Henderson discloses a method for massaging a person or an animal comprising the steps of; grasping a handle of a roller apparatus (instrument 1 used by user’s hand placed between loop 7 and baseplate 3, column 2 line 37-39), said roller apparatus comprising a frame, the frame including a first end portion and a second end portion (see Annotated Fig 1 and 3), at least one roller rotatably mounted on the first end portion or the second end portion of the frame (balls 2), and the handle extending from a first side of the frame to a second side of the frame, the handle being positioned between the first end portion and the second end portion of the frame, the frame includes a first opening between the first portion of the frame and the handle and a second opening between the second end portion of the frame and the handle (see Annotated Fig 1 and 3), the handle is configured to be grasped by a hand of user received below a bottom surface of the frame and extending into the first or the second opening (user’s hand placed between loop 7 and baseplate 3, column 2 line 37-39); contacting the bottom surface of the frame or the at least one roller rotatably mounted on the first end portion or the second end portion of the frame against a wrist, hand or arm of the user; and rolling the at least one roller against a portion the person or animal, wherein the wrist, hand or arm of the user provides leverage of the frame to adjust pressure applied to the roller (user’s hand placed between loop 7 and baseplate 3, column 2 line 37-39). 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. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson ( US 4086922) in view of Lee (US 2005/0131320) . In regards to claim 4, Henderson discloses the device of claim 3. Henderson does not disclose wherein the frame is configured to allow a hand of the user to extend through the first opening to grasp the handle with one or more digits of the user extending into the first opening. However, Lee teaches a hand held massage device wherein the frame is configured to allow a hand of the user to extend through the first opening to grasp the handle with one or more digits of the user extending into the first opening (fingers may wrap around handle, Fig 5). 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 Henderson wherein the frame is configured to allow a hand of the user to extend through the first opening to grasp the handle with one or more digits of the user extending into the first opening as taught by Lee as this would allow the user to have a firmer and more secure grip on the device to ensure comfort and proper application of pressure. Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson ( US 4086922). In regards to claim 6, Henderson discloses the device of claim 1. While Henderson does not disclose wherein the handle is positioned closer to the front portion or the rear portion of the frame, as no criticality has been assigned to the exact dimensioning of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Henderson wherein the handle is positioned closer to the front portion or the rear portion of the frame as such minor changes in sizing and relative dimensioning or positioning do not hold patentable weight without evidence that such changes would alter the function of the device (MPEP 2144.04 IV A and MPEP 2144.04 VI C ). In regards to claim 11, Henderson discloses the device of claim 1 and Henderson further discloses wherein the front portion of the frame is open between a first side and a second side(see Annotated Fig 1 and 3), an axle extends between the first side and the second side at the front portion of the frame (axle 20), a first end of the axle is received in a first aperture in the first side of the frame and a second end of the axle is received in second aperture in the second side of the frame (column 3 line 24-27), the roller extending around or integral with the axle (bore 19, column 3 line 23-24). While Henderson does not disclose wherein the axle is rotatable within the first and second apertures, wherein the roller is rotated by the axle during use , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Henderson to reverse the taught configuration (axle 20 non-rotating, column 3 line 36-37) as such would be an obvious modification as it would not alter the function of the device (MPEP 2144.04 VI A). Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson ( US 4086922) in view of Olschansky (US 20 17 / 0231862 ). In regards to claim 10, Henderson discloses the device of claim 9. While Henderson discloses a member at ends of the axle for securing the axle through the first and second apertures of the frame (heads 22 on outside of bores 21 of frame, column 3 line 36-40, Fig 1 and 3), Henderson does not disclose the coupling member being coupled or removed from the end of the axle for interchangeably coupling the roller to the frame. However, Olschansky teaches a massage device where the axle has at least one coupling member being coupled or removed from the end of the axle for interchangeably coupling the roller to the frame (nuts 173 used to secure axle 172, paragraph 58). 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 Henderson where the axle has at least one coupling member being coupled or removed from the end of the axle for interchangeably coupling the roller to the frame as taught by Olschansky as this would allow the user to alter the configuration of the device or change the roller as needed to meet their needs. In regards to claim 12, Henderson discloses the device of claim 11. While Henderson discloses a member at ends of the axle for securing the axle through the first and second apertures of the frame (heads 22 on outside of bores 21 of frame, column 3 line 36-40, Fig 1 and 3), Henderson does not disclose the coupling member being coupled or removed from the end of the axle for interchangeably coupling the roller to the frame. However, Olschansky teaches a massage device where the axle has at least one coupling member being coupled or removed from the end of the axle for interchangeably coupling the roller to the frame (nuts 173 used to secure axle 172, paragraph 58). 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 Henderson where the axle has at least one coupling member being coupled or removed from the end of the axle for interchangeably coupling the roller to the frame as taught by Olschansky as this would allow the user to alter the configuration of the device or change the roller as needed to meet their needs. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson ( US 4086922) in view of Dominee (US 2018/0161234 ). In regards to claim 13, Henderson discloses the device of claim 1. Henderson does not disclose wherein the roller has a cylindrical shape. However, Dominee teaches wherein the roller has a cylindrical shape ( massage head may be ball or cylinder , paragraph 29, Fig 5A and 5B ). 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 Henderson wherein the roller has a cylindrical shape as taught by Dominee as these are known shapes for which to apply massage. In regards to claim 14, Henderson discloses the device of claim 1. Henderson does not disclose wherein the roller includes a plurality of protrusions extending from an outer surface of the roller or the roller includes a middle portion having a larger diameter than the end portions of the roller. However, Dominee teaches wherein the roller includes a plurality of protrusions extending from an outer surface of the roller (Fig 2 and 4A-4B) . 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 Henderson wherein the roller includes a plurality of protrusions extending from an outer surface of the roller or the roller includes a middle portion having a larger diameter than the end portions of the roller as taught by Dominee as this would provide additional pressure into muscles (Dominee: paragraph 32). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Arielle Wolff whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8727 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 8:00-4:00 . 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 Kendra Carter can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-9034 . 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. /ARIELLE WOLFF/ Examiner, Art Unit 3785 /KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785