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 .
DETAILED ACTION
1. This office action is in response to the filing of the application on 12/16/2022. Since the initial filing, no claims have been amended, added, or canceled. Thus, claims 1-10 are pending in the application.
Priority
2. Acknowledgement is made of applicant’s claim for foreign priority regarding CN2023104177885 (filing date of 04/18/2023). CN2023104177885 provides sufficient support for the subject matter of claims 1-10. Therefore, the current application will be assigned the effective filing date of 04/18/2023.
Drawings
3. 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 following must be shown or the feature(s) canceled from the claim(s).
The limitation recited in the specification and claims regarding “the graduation line of the first rack and the graduation line of the second rack” is not depicted in the drawings. Applicant is required to amend the drawings to illustrate the graduation line or otherwise revise the disclosure so that the drawing correspond with the claimed invention.
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
4. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The term “second slideway 125.” However, the drawings identify the second slideway as reference numeral 126. Accordingly, the specification should be amended to replace “second slideway 125” with second slideway 126” to correspond with the drawings.
The applicant is required to amend the specification and drawings to provide consistent reference character identification throughout the application. No new matter should be entered.
Claim Interpretation- 35 USC § 112 – Sixth Paragraph/35 USC § 112(f)
5. 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.
6. 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:
“a massaging mechanism” (claim 1, In 7; claim 10, In 3)
“a stretching element” (claim 9, In 4)
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The following is the corresponding structure for these limitations:
“a massaging mechanism” – message mechanism and associated components configured to perform the recited massaging function.
“a stretching element” - stretching element pushes the support frame to lift or descend by using the joining stem.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
7. Claim 16 are objected to because of the following informalities:
Regarding claim 16, the phrase “a wearable module” (In 1) is objected for consistency. The claim recites “a wearable module,” but later recites “wherein the wearable modules comprises.” The phrase should be corrected to --wherein the wearable module comprises--.
Claim Rejections - 35 USC § 102
8. 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 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.
Claims 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al (CN208926950).
Regarding claim 1, Zhou discloses a segmented guide rail of a massage chair comprising: a seat track and a support track; wherein the seat track includes a first coupling segment formed on an end thereof, and the support track includes a second coupling segment formed on an end thereof; wherein the first segment and the second segment are connected by two hinge elements; the seat track and the support track are connected to form at least one connection track on which a massaging mechanism of the massage chair is driven to move back and forth. See annotated FIG. 3 Below.
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Regarding claim 2, Zhou discloses segmented guide rail of the massage chair as claimed in claim 1, wherein a respective one hinge element includes a first connection element connected with the seat track and located on the first segment, and the respective one hinge element includes a second connection element connected with the support track and located on the second segment; the first connection element has a first coupling orifice, and the second connection element has a second coupling orifice, wherein a connection shaft is inserted through the first coupling orifice and the second coupling orifice. See Annotated FIGS. 3, 5, and 6.
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Regarding claim 3, Zhou discloses a segmented guide rail of the massage chair as claimed in claim 2, wherein a defining element is defined between the first segment and the second segment; wherein the defining element has a fixing stop part fixed on the first segment, and the defining element has a rotating limitation part mounted on the second segment, wherein the rotating limitation part contacts with the fixing stop part to stop a rotation of the support track. See Annotated FIG. 6 Above.
Regarding claim 4, Zhou discloses a segmented guide rail of the massage chair as claimed in claim 2, wherein the support track includes a linear slideway and an arcuate slideway, an end of the arcuate slideway is connected with the linear slideway, and the other end of the arcuate slideway is connected with the second segment. See Annotated FIG. 5 Above.
Regarding claim 5, Zhou discloses a segmented guide rail of the massage chair as claimed in claim 2, wherein the seat track includes a first slideway and a first rack received in the first slideway; the support track includes a second slideway and a second rack received in the second slideway; when the first rack and the second rack are connected to form the at least one connection track, a graduation line of the first rack is connected with a graduation line of the second rack, and a rotatably axial center of the respective one hinge element is located on a connection of the graduation lines of the first rack and the second rack. See Annotated FIGS. 3 and 5 Above.
Regarding claim 7, Zhou discloses a segmented guide rail of the massage chair as claimed in claim 1, wherein a connection of the seat track and the support track has at least two connection tracks. See FIG. 2 Below and Annotated FIG. 5 Above.
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Regarding claim 8, Zhou discloses a frame of the massage chair comprising a seat frame, a support frame, and the segmented guide rail of the claim 1, wherein the seat track is fixed on the seat frame, and the support track is mounted on the support frame (Zhou discloses in specific implementation methods a seat frame 2, a support frame 1, and the segmented guide rail 11;21, wherein the seat track is fixed on the seat frame, and the support track is mounted on the support frame 43). See FIG. 2 and Annotated FIGS. 3 & 5 Above.
Regarding claim 9, Zhou discloses a frame of the massage chair as claimed in claim 8, wherein the seat frame has a support structure arranged on a bottom thereof, the support frame has a joining stem disposed on a bottom thereof, and the support structure has a stretching element mounted thereon, wherein the stretching element is connected with the joining stem by way of a tab, and the stretching element pushes the support frame to lift or descend by using the joining stem. See Annotated FIG. 2 Above.
Regarding claim 10, Zhou discloses a massage chair comprising: the frame and the massaging mechanism of claim 8, wherein the massaging mechanism is disposed on the segmented guide rail, and the massaging mechanism moves back and forth on the at least one connection track. See Annotated FIGS. 2 and 5 Above.
Claim Rejections - 35 USC § 103
9. 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 of this title, 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.
10. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al (CN208926950), as applied to claim 5 above, in view of Kang et al (CN112641611).
Regarding claim 6, Zhou discloses a segmented guide rail of the massage chair as claimed in claim 5, wherein the first segment and the second segment and a graduation line of the first rack and the graduation line of the second rack.
Zhou does not disclose arcuate face formed on toothed tops thereof, and a center of the arcuate face of the first segment and the second segment.
However, Kang discloses tooth shaped members configured to remain engaged while rotating relative to one another about a hinge axis. Kang further teaches that the tooth-shaped member includes an arc surface corresponding to the outer circumference of the hinge shaft, whereby the arcuate tooth profile maintains smooth meshing and continuous engagement through the transition between adjacent guide rails.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the adjoining rail segments of Zhou by providing the adjoining toothed portions with the arcuate tooth profile by Kang centered on rack reference lines so as to maintain tooth engagement and smooth movement of the massage mechanism across the connection, because such geometric alignment applies Kang’s known arcuate tooth geometry to Zhou’s segmented guide rail to obtain the predictable result of improved meshing and ensuring uninterrupted transmission of the massage mechanism.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEROME PRATT whose telephone number is (571)272-8454. The examiner can normally be reached on Mon - Fri 7:00-4:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached on 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LDP/
Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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