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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-9 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.
Regarding claim 1,
line 13, “the other end of the connecting rod” lacks antecedent basis.
Line 17, “ the other end of the upper driving plate” lacks antecedent basis.
Line 19, “ the other end of the lower driving plate” lacks antecedent basis.
Regarding claim 4,
line 4, “the other end of the second rotation shaft” lacks antecedent basis.
Regarding claim 5,
line 4, “the inner wall of the housing” lacks antecedent basis.
Regarding claim 6,
line 2, “the inner wall of the housing” lacks antecedent basis.
Line 4, “ the other end of the third rotation shaft” lacks antecedent basis.
Regarding claim 7,
line 3, “the inside to the outside” lacks antecedent basis.
Regarding claim 8,
line 3, “the inside to the outside,” lacks antecedent basis.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record teaches a surround pinching-kneading massager that includes a housing with a handle, control key and buttons, a motor and driving circuit board, a soft tongue portion connected to a connecting rod, and upper and lower lip portions connected to upper and lower driving plates where the lip driving plates move back and forth and the tongue connecting rod that rotates.
Note Guo(US 11806306) teaches massager has a housing comprises a soft bell-shaped cap, where a massage drive mechanism comprises a first clipping arm, a second clipping arm and a driving component (480). The driving component is arranged in the housing, and is drivingly connected to a second end of the first clipping arm and a second end of the second clipping arm to drive a first end of the first clipping arm and a first end of the second clipping arm to move toward or away from each other, so that two opposite side walls of the bell-shaped cap realize pinch-kneading massage action. The driving component comprises a rotating wheel group.
He(US 11369545) teaches swinging touch massage device includes a housing and a swing member received in the housing, the swing member including a rotary motor, a reversing member and a swing rod, two opposite ends of the reversing member respectively connected with the rotary motor and the swing rod, the reversing member configured to convert a rotary motion of the rotary motor into a reciprocating swing of the swing rod; a massage protrusion is arranged at one end of the swing rod away from the reversing member, and protrudes outwardly from a surface of the housing to swing back and forth with the swing rod.
The prior art of record does not reasonably teach alone or in combination the subject matter of the independent claim including where the driving assembly comprises a driving circuit board, a telescopic motor and a mounting frame, the driving circuit board being electrically connected to the telescopic motor, and the mounting frame comprising a lantern ring, a connecting rod, a limit rod, an upper driving plate and a lower driving plate and where an upper end of the limit rod is connected to the connecting rod, a lower end of the limit rod extends downwards, and the lower end of the limit rod is connected to a limit sleeve.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hopper(US 5460597) teaches stimulator has an elongated cylindrical housing, simulated lips, a simulated tongue and is battery powered. The tongue is caused to move in and out with respect to the simulated lips; up and down; and side to side. These motions are attainable independently of the others. Three motors, separate switches, and three sets of cooperating but independent linkage are provided to accomplish this motion arrangement.
Kanbar et al.( US 20150148592) teaches a personal massager comprises a housing having a front end and a back end. A motor is mounted within the housing, and a crank is configured to move in a circular path within the housing when actuated by the motor. A rocker arm having a first end and a second end is rotatably coupled at a first location to the housing. An armature having a first end and a second end is rotatably coupled at a first location to the crank, and is rotatably coupled at a second location to a second location on the rocker arm. The armature may also be rotatably coupled at a third location to a third location on the rocker arm. A massage head is coupled to the first end of the armature.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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