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 6/23/2026. Since the previous filing, claims 1, 3, 4, 8-12, 14 and 16-20 have been amended and no claims have been added or cancelled. Thus, claims 1-20 are pending in the application.
In regards to the previous 112 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn with new rejections entered below.
In regards to the previous 102 and 103 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn with new rejections entered below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3 and 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 recites the limitation “wherein the rear portion of the frame is further configured to contact a hand of the user” in lines 4-5. Independent claim 1 previously establishes that the rear portion is in contact with “a wrist or arm” of the user and the new limitations are in conflict with the previously established positioning. For the purpose of examination, Examiner is interpreting this claim as maintaining the initially established contact position. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Dependent claims inherit the rejection of their predecessors.
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) 1-7, 9-10, 13-15 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Guy (US 2018/0104139).
In regards to claim 1, Guy discloses a roller apparatus (assembly 28) comprising: a frame, including a front portion and a rear portion (see Annotated Fig 1 and Fig 3); a roller rotatably mounted on the front portion of the frame (roller 30/46); and a handle extending from a first side of the frame to a second side of the frame (grasping handle 31), the handle being positioned between the front portion and the rear portion of the frame (Fig 1 and 3), wherein the rear portion of the frame is configured to contact a wrist or an arm of a user to provide leverage of the frame to adjust pressure applied to the roller (arm rest 32 bears against the arm of the user, paragraph 47, Fig 4).
PNG
media_image1.png
502
790
media_image1.png
Greyscale
Annotated Fig 1
In regards to claim 2, Guy discloses the device of claim 1 and Guy 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).
In regards to claim 3, Guy discloses the device of claim 2 and Guy further discloses wherein the handle is configured to be grasped by a hand of the user, the hand being configured to be received below a bottom surface of the rear portion and extending through the second opening and, wherein the rear portion of the frame is further configured to contacts wrist or arm of the user to provide leverage of the frame to adjust pressure applied to the roller (Fig 4).
In regards to claim 4, Guy discloses the device of claim 3 and Guy further discloses wherein the frame is configured to allow the 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 (Fig 4).
In regards to claim 5, Guy discloses the device of claim 1 and Guy further discloses wherein the handle is positioned centrally between the front portion and the rear portion of the frame (Fig 1).
In regards to claim 6, Guy discloses the device of claim 1 and Guy further discloses wherein the handle is positioned closer to the front portion or the rear portion of the frame (Fig 3).
In regards to claim 7, Guy discloses the device of claim 1 and Guy further discloses wherein the handle is integral with the frame (Fig 1 and Fig 3).
In regards to claim 9, Guy discloses the device of claim 1 and Guy further discloses wherein the front portion of the frame is open between the first side and the second side, wherein an axle extends between the first side and the second side at the front portion of the frame, wherein 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, wherein the roller has an aperture extending along a length of the roller, wherein the axle is received in the aperture of the roller, and wherein the roller is configured to freely rotates around the axle during use (paragraph 49 and Fig 8).
In regards to claim 10, Guy discloses the device of claim 9 and Guy further discloses further comprising a least one coupling member received at the first end or the second end of the axle extending through the first or second aperture of the frame, wherein the coupling member is configured to be coupled or removed from the first end or the second end of the axle for interchangeably coupling the roller to the frame (bearing 41 and nut 42, paragraph 49 and Fig 8).
In regards to claim 13, Guy discloses the device of claim 1 and Guy further discloses wherein the roller has a cylindrical shape (Fig 1).
In regards to claim 14, Guy discloses the device of claim 1 and Guy further discloses 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 diameters of end portions of the roller (rollers 49 and 50, Fig 17).
In regards to claim 15, Guy discloses the device of claim 1 and Guy further discloses wherein rear portion has a same length, a longer length or shorter length than a distance between the first side and the second side of the front portion of the frame (see Annotated Fig 1).
In regards to claim 20, Guy discloses a method for massaging a person or an animal comprising grasping a handle of a roller apparatus, said roller apparatus (assembly 28) comprising; a frame, including a first end portion and a second end portion (see Annotated Fig 1), and at least one roller rotatably mounted on the first end portion or the second end portion of the frame (roller 30), and wherein the handle extends from a first side of the frame to a second side of the frame (handle 31), and is positioned between the first end portion and the second end portion of the frame (Fig 1), wherein the frame includes a first opening between the first end 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), wherein the handle is configured to be grasped by a hand of a user, the hand being received below a bottom surface of the frame and extending into the first or the second opening; 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 or an arm of the user to provide leverage of the frame to adjust pressure applied to the roller; and rolling the at least one roller against a portion the person or animal (paragraph 47, Fig 4).
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) 8, 11-12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guy (US 2018/0104139).
In regards to claim 8, Guy discloses the device of claim 1 and Guy further discloses wherein the rear portion of the frame has a rounded, circular or semi-circular shape (Fig 3).
While Guy does not disclose wherein a middle portion of the frame has a rounded, circular or semi-circular shape, there has been no criticality assigned to this shape. 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 Guy wherein a middle portion of the frame has a rounded, circular or semi-circular shape as, lacking criticality and wherein the shape does not impact the function of the device, this modification may be considered a matter of aesthetic design choice and simple change of shape holding no patentable weight (MPEP 2144.04 I and IV B).
In regards to claim 11, Guy discloses the device of claim 1 and Guy further discloses wherein the front portion of the frame is open between the first side and the second side, wherein an axle extends between the first side and the second side at the front portion of the frame, wherein the roller extends around or is integral with the axle, and wherein the roller is configured to be rotated by or around the axle during use (paragraph 49 and Fig 8).
While Guy does not disclose wherein 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, wherein the axle is rotatable within the first and second apertures, 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 Guy to have the reverse of the taught configuration (see Claim 10 Rejection) as such a modification would not alter the function of the device (MPEP 2144.04 VI A).
In regards to claim 12, Guy teaches the device of claim 11 and Guy further teaches further comprising a least one coupling member received at the first end or the second end of the axle extending through the first or second aperture of the frame, wherein the coupling member is configured to be coupled or removed from the first end or second end of the axle for interchangeably coupling the roller to the frame (bearing 41 and nut 42, paragraph 49 and Fig 8).
In regards to claim 16, Guy discloses the device of claim 1.
While Guy does not disclose wherein a middle portion includes a front adjoining portion and a rear adjoining portion, wherein the front adjoining portion and the rear adjoining portion have a curved shaped or angled shape, wherein the front adjoining portion has a same length, a longer length or a shorter length than a length of the rear adjoining portion, and wherein when the front adjoining portion and the rear adjoining portion have the curved shape, the front adjoining portion has a same radius of curve, a longer radius of curve or a shorter radius of curve than a radius of the rear adjoining portion, there has been no criticality assigned to this shape. 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 Guy wherein a middle portion includes a front adjoining portion and a rear adjoining portion, wherein the front adjoining portion and the rear adjoining portion have a curved shaped or angled shape, wherein the front adjoining portion has a same length, a longer length or a shorter length than a length of the rear adjoining portion, and wherein when the front adjoining portion and the rear adjoining portion have the curved shape, the front adjoining portion has a same radius of curve, a longer radius of curve or a shorter radius of curve than a radius of the rear adjoining portion as, lacking criticality and wherein the shape does not impact the function of the device, this modification may be considered a matter of aesthetic design choice and simple change of shape holding no patentable weight (MPEP 2144.04 I and IV B).
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guy (US 2018/0104139) in view of Brooks (US 2014/0261166).
In regards to claim 17, Guy discloses the device of claim 1.
Guy does not disclose wherein a bottom surface of the rear portion includes a contact area, the contact area comprising a foam or a flexible material.
However, Brooks teaches wherein a bottom surface of the rear portion includes a contact area, the contact area comprising a foam or a flexible material (contact member 20 may have foam padding 36, paragraph 26).
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 Guy wherein a bottom surface of the rear portion includes a contact area, the contact area comprising a foam or a flexible material as taught by Brooks as this would make the rear contact portion more comfortable for the user when using the device.
In regards to claim 18, Guy discloses a roller apparatus (assembly 28) comprising: a frame, including a first end portion a second end portion; a middle portion positioned between the first end portion and the second end portion; a first roller rotatably mounted on the first end portion of the frame (roller 30); a second roller mounted on the second end portion of the frame (arm rest 32); and a 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 (handle 31), wherein the first roller and the second roller have a same dimension or the first roller and the second roller have different lengths and different circumferences than each other (Fig 1), wherein the first end portion or the second end portion of the frame is configured to contact a wrist or an arm of a user to provide leverage of the frame to adjust pressure applied to the roller (paragraph 47, Fig 4).
Guy does not disclose the second roller rotatably mounted on the second end portion of the frame, the first roller and the second roller comprised of same or different materials.
However, Brooks teaches the second roller rotatably mounted on the second end portion of the frame (contact member 20 rotates, paragraph 28).
Further, the combination of Guy and Brooks teaches the first roller and the second roller comprised of same or different materials (Guy: rollers may be made of foam, paragraph 7; Brooks: contact member 20 has foam padding 36, paragraph 26).
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 Guy wherein the second roller rotatably mounted on the second end portion of the frame, the first roller and the second roller comprised of same or different materials as taught by Brooks as this allows the user easer positioning of the device and comfort while using the device.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached 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, Kendra Carter can be reached at (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
Prosecution Insights