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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-19 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 1 recites the limitation "a contact region" in line 3. It is not clear if this is intended to refer to the contact region recited in line 2 or to a separate region. If the former is intended, the limitation should read --the contact region--.
Claim 12 recites the limitations "the outer shell" in line 1 and “the elastic layer” in line 2. There is insufficient antecedent basis for these limitations in the claim. Claim 12 should apparently be amended to depend upon claim 11, which would obviate this rejection.
Claim 17 recites the limitation “wherein the status of the contact region comprises at least one of the following parameters” in lines 1-2. It is not clear what is meant by this limitation; a status is more than just a mere parameter. If the status is associated with a parameter, the status has to do with the value or level of the parameter, not merely the parameter itself.
Claims 2-19 are rejected by virtue of their dependence upon at least one rejected base claim.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (U.S. No. 11,311,453 B2).
Regarding claim 1, Liu discloses a massage device 100, comprising: a casing 201 comprising a contact region, a sensor disposed in the casing and configured to detect a status of a contact region, and a stimulator at least partially disposed in the casing and configured to execute a predetermined action in response to the status of the contact region (col. 3, line 56 – col. 4, line 44).
Regarding claims 2-5, Liu discloses that the stimulator and the sensor are coupled via an interconnect structure, wherein the interconnect structure transmits a physical force or an electric signal to the sensor indicating external pressure received by the stimulator, wherein the interconnect structure comprises a rebound structure, and wherein the rebound structure is configured to transmit a force to the sensor upon being compressed and to rebound when the force decreases or disappears, wherein the rebound structure comprises one of an elastic pad or a joystick structure, wherein the interconnect structure further comprises at least one of a movable structure or a leverage structure between the sensor and at least one of the stimulator and the rebound structure (col. 5, lines 1-67; claim 3).
Claims 1, 6, 7, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim (U.S. Pub. No. 2010/0174135 A1).
Regarding claim 1, Shim discloses a massage device 10, comprising: a casing 20 comprising a contact region, a sensor 71/75 disposed in the casing and configured to detect a status of a contact region, and a stimulator at least partially disposed in the casing and configured to execute a predetermined action in response to the status of the contact region ([0119]; [0121]-[0122]; [0130]; [0133]; [0144]-[0147]; [0150]; [0163]-[0165]; e.g., the sensor may comprise the input unit or sensors, the stimulator may comprise the actuator or driver unit or stimulator unit).
Regarding claims 6 and 7, Shim discloses a controller 70/77 disposed in the casing and configured to control the stimulator to execute the predetermined action in response to the status of the contact region, wherein the controller comprises a feedback circuit configured to provide feedback to the stimulator according to a signal representing the detected status of the contact region ([0123]; [0165]; sensing signals delivered to control member, which then provides feedback to the stimulator, such as by manipulating or actuating the stimulator).
Regarding claim 16, Shim discloses that the casing comprises an opening at the contact region, and wherein the stimulator is at least partially exposed at the opening of the contact region ([0144]; electrodes are exposed through the surface of the casing).
Regarding claim 17, Shim discloses that the status of the contact region comprises at least one of the following parameters: temperature, moisture, external pressure, or area of contact ([0130]).
Regarding claim 18, Shim discloses that the predetermined action comprises providing or adjusting at least one of vibration, protrusion, retraction, heat, or airflow via the contact region ([0098]; [0123]; [0133]).
Regarding claim 19, Shim discloses that the stimulator, in response to a change of one of the parameters detected by the sensor, delivers vibrations via the contact region proportional to the change of the parameter ([0123]; [0133]).
Regarding claim 20, Shim discloses a method for operating a massage device 10, comprising: detecting a status of a contact region of the massage device by a sensor 71/75; and in response to the status of the contact region of the massage device, executing a predetermined action by a stimulator ([0119]; [0121]-[0122]; [0130]; [0133]; [0144]-[0147]; [0150]; [0163]-[0165]; e.g., the sensor may comprise the input unit or sensors, the stimulator may comprise the actuator or driver unit or stimulator unit).
Claims 1 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dery et al. (U.S. Pub. No. 2022/0117836 A1; hereinafter known as “Dery”).
Regarding claim 1, Dery discloses a massage device 100, comprising: a casing 101 comprising a contact region, a sensor 150 disposed in the casing and configured to detect a status of a contact region, and a stimulator 34 at least partially disposed in the casing and configured to execute a predetermined action in response to the status of the contact region ([0049]; [0071]; [0120]; [0127]; [0130]).
Regarding claim 8, Dery discloses that the casing is at least partially enclosed by a cover 102 at the contact region of the casing, and a material of the cover is softer than that of the casing ([0049]).
Regarding claim 9, Dery discloses that the cover is detachably attached to the casing ([0128]).
Regarding claim 10, Dery discloses that the cover encloses the contact region and at least a portion of an outer surface of the casing (Fig. 1; [0049]-[0051]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dery as applied to claim 8 above, and further in view of Matsuura (U.S. Pub. No. 2015/0374578 A1).
Regarding claim 11, Dery discloses the invention as claimed, see rejection supra, but fails to disclose that the cover further comprises an outer shell and an elastic layer disposed between the casing and the outer shell, and wherein the elastic layer is integrated with the outer shell or separate from both the outer shell and the casing. Matsuura discloses a similar device (Abstract) comprising a casing 9 and a cover, wherein the cover comprises an outer shell 20 and an elastic layer 40 disposed between the casing and the outer shell, and wherein the elastic layer is integrated with the outer shell or separate from both the outer shell and the casing, in order to improve cushioning ([0045]-[0049]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Dery with such a cover, as taught by Matsuura, in order to improve cushioning.
Regarding claims 13-15, Dery discloses the invention as claimed, see rejection supra, but fails to disclose that at least one of a button or a charging port disposed on a control region, wherein the control region is provided at an end different from an end where the contact region is provided, wherein the cover has one or more openings in a surface region corresponding to at least one of the control region, the button, or the charging port, wherein a detachable cap is provided at each location of the one or more openings. Matsuura discloses a similar device (Abstract) comprising a button or charging port 16/17 disposed on a control region, wherein the control region is provided at an end 1A different from an end where the contact region 1B is provided, wherein the cover has one or more openings 20a/9a in a surface region corresponding to at least one of the control region, the button, or the charging port, wherein a detachable cap 15 is provided at each location of the one or more openings, in order to control or charge the device while providing airtightness ([0039]-[0043]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Dery with such a button/port/region, opening(s), and cap, as taught by Matsuura, in order to control or charge the device while providing airtightness.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dery as applied to claim 9 above, and further in view of He (U.S. Pub. No. 2021/0393475 A1). Dery discloses the invention as claimed, see rejection supra, but fails to disclose that at least one of the cover, the outer shell, or the elastic layer comprises an opening matching an opening of the casing, and wherein the stimulator is at least partially exposed by the opening of the casing and the opening of at least one of the cover, the outer shell, or the elastic layer. He discloses a similar device (Abstract) comprising a casing 1 and a cover 2, wherein the cover and the casing comprise matching openings that at least partially expose a stimulator 6/211, in order to stimulate a user ([0046]-[0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Dery with such matching openings for the stimulator, as taught by He, in order to stimulate a user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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