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 .
Status of Claims
2. Claims 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to because the figure provided on page 12 of the Drawings filed November 20, 2023, is a duplication of Figure 1 and is labeled “abstract”. It appears this duplicated figure should be deleted.
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.
Claim Objections
Claim(s) 1, 4, 7, 9, 11, and 14-20 are objected to because of the following informalities:
Claim 1, line 13 recites “an arc” and the Examiner suggests --the arc motion-- to clarify that this is referring to the arc of the previously recited “reciprocating arc motion” (line 13).
Claim 1, the penultimate line recites “the area” and the Examiner suggests --the respective area-- to clarify that this is each area of the “areas” of the plurality of sub-central angles.
Claim 4, line 3 recites “the arc” and the Examiner suggests --the arc motion-- to conform with the suggested change to claim 1 above.
Claim 7, the penultimate line recites “rotate” and the Examiner suggests --rotates--.
Claim 9, lines 2-3 recite “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 9, line 3 recites “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 9, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 11, line 3 recites “the arc” and the Examiner suggests --the arc motion-- to conform with the suggested change to claim 1 above.
Claim 14, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 14, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 14, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 15, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 15, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 15, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 16, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 16, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 16, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 17, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 17, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 17, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 18, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 18, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 18, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 19, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 19, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 19, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Claim 20, line 2 recites “comprising a plurality of first transmission assemblies” and the Examiner suggests --wherein there are a plurality of the first transmission assembly-- to clarify that these are referring to “the” previously recited first transmission assembly.
Claim 20, lines 2-3 recite “and a plurality of hammer arm assemblies” and the Examiner suggests --and wherein there are a plurality of the hammer arm assembly-- to clarify that these are referring to “the” previously recited hammer arm assembly.
Claim 20, the last line recites “adjacent first transmission assembly” and the Examiner suggests --adjacent first transmission assembly of the plurality of first transmission assemblies-- to clarify.
Appropriate correction is required.
Claim Interpretation
Claim 1, the last three lines recite “the hammer arm assembly sequentially passes through areas of the plurality of sub-central angles and reciprocates in the area of each sub-central angle of the plurality of sub-central angles” and it is noted that the term “sequentially” has been interpreted to apply to both 1) passes through areas of the plurality of sub-central angles, and 2) reciprocates in the area of each sub-central angle of the plurality of sub-central angles.
Claim Interpretation - 35 U.S.C. § 112(f)
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.
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:
“first transmission assembly for converting a rotational motion generated by the driving assembly into a piston motion … wherein when the first transmission assembly operates individually, the hammer arm assembly performs a reciprocating arc motion … when the first transmission assembly and the second transmission assembly operate together, the hammer arm assembly sequentially passes through areas of the plurality of sub-central angles and reciprocates in the area of each sub-central angle of the plurality of sub-central angles” in claim 1.
The corresponding structure described in the specification appears to be: “a first gear 310 and a connecting rod portion 320, and the first gear 310 is engaged with the driving assembly 100 .. One end of the connecting rod portion 320 is assembled with the first gear 310, and the other end of the connecting rod portion 320 is assembled with the hammer arm assembly 200… the first gear 310 includes a gear body 311 and an eccentric boss 312, wherein the eccentric boss 312 is fixedly connected to a bottom surface of the gear body 311, the gear body 311 is engaged with the first rotating shaft 130, and an outer surface of the eccentric boss 312 is sleeved with one end of the connecting rod … connecting rod portion 320 includes a sleeve arm 321 and a connecting arm 322, wherein one end of the sleeve arm 321 is sleeved on the periphery of the eccentric boss 312, the other end of the sleeve arm 321 is assembled with one end of the connecting arm 322, and the other end of the connecting arm 322 is rotatably assembled with the hammer arm assembly 200. One end of the connecting arm 322 is provided with a ball head 323, and the ball head 323 is rotatably assembled with the hammer arm assembly 200” (see para. [0054]-[0055], [0057] and Figs. 8-10).
“second transmission assembly for transmitting the rotational motion generated by the driving assembly to the hammer arm assembly … when the first transmission assembly and the second transmission assembly operate together, the hammer arm assembly sequentially passes through areas of the plurality of sub-central angles and reciprocates in the area of each sub-central angle of the plurality of sub-central angles” in claim 1.
The corresponding structure described in the specification appears to be: “a rotating rod 430, a spring 450, a belt pulley 420, a second bearing 440 and a transmission belt 410, wherein the belt pulley 420 is rotatably assembled on an outer surface of the rotating rod 430, and the rotating rod 430 is in transmission assembly with the hammer arm assembly 200. One end of the spring 450 is fixedly connected to the belt pulley 420, and the other end of the spring 450 is fixedly connected to the rotating rod 430. The transmission belt 410 is assembled on the second rotating shaft 140 of the driving assembly 100 and the belt pulley 420. The belt pulley 420 and the second bearing 440 are rotatably assembled on an outer surface of the rotating rod 430 from outside to inside” (see para. [0059] and Figs. 13-14)
“a rotating massage mechanism” in claim 10.
The corresponding structure described in the specification appears to be: “rotating massage mechanism 500 … integrally rotates with the first gear 310” (see para. [0078]-[0079] and Figs. 16-17).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-10, and 14-20 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 9, lines 6-8 recite “first gears of at least one first transmission assembly of the plurality of first transmission assemblies are engaged with duplex gears” which is confusing because this is the first recitation of a “first gear” and it is unclear whether the at least one first transmission assembly has a single first gear, or the at least one first transmission assembly can have multiple “first gears.” Similarly, it is unclear whether the at least one first transmission assembly has a single duplex gear, or the at least one first transmission assembly can have multiple “duplex gears.”
Claim 10, line 6 recites “the first gear” which lacks antecedent basis.
Claim 14, lines 5-7 recite “first gears of at least one first transmission assembly of the plurality of transmission assemblies are engaged with duplex gears” which is confusing because this is the first recitation of a “first gear” and it is unclear whether the at least one first transmission assembly has a single first gear, or the at least one first transmission assembly can have multiple “first gears.” Similarly, it is unclear whether the at least one first transmission assembly has a single duplex gear, or the at least one first transmission assembly can have multiple “duplex gears.”
Claim 15, lines 5-7 recite “first gears of at least one first transmission assembly of the plurality of transmission assemblies are engaged with duplex gears” which is confusing because this is the first recitation of a “first gear” and it is unclear whether the at least one first transmission assembly has a single first gear, or the at least one first transmission assembly can have multiple “first gears.” Similarly, it is unclear whether the at least one first transmission assembly has a single duplex gear, or the at least one first transmission assembly can have multiple “duplex gears.”
Claim 16, lines 5-7 recite “first gears of at least one first transmission assembly of the plurality of transmission assemblies are engaged with duplex gears” which is confusing because this is the first recitation of a “first gear” and it is unclear whether the at least one first transmission assembly has a single first gear, or the at least one first transmission assembly can have multiple “first gears.” Similarly, it is unclear whether the at least one first transmission assembly has a single duplex gear, or the at least one first transmission assembly can have multiple “duplex gears.”
Claim 17, lines 5-6 recite “first gears of at least one first transmission assembly” which is confusing because claim 5 previously recites “the first transmission assembly comprises a first gear” and the language in claim 17 makes it unclear whether each first transmission assembly has a first gear, or multiple first gears.
Claim 17, lines 5-7 recite “first gears … are engaged with duplex gears” and it is unclear whether each first gear is engaged with a single duplex gear, or multiple duplex gears.
Claim 18, lines 5-6 recite “first gears of at least one first transmission assembly” which is confusing because claim 5 previously recites “the first transmission assembly comprises a first gear” and the language in claim 18 makes it unclear whether each first transmission assembly has a first gear, or multiple first gears.
Claim 18, lines 5-7 recite “first gears … are engaged with duplex gears” and it is unclear whether each first gear is engaged with a single duplex gear, or multiple duplex gears.
Claim 19, lines 5-6 recite “first gears of at least one first transmission assembly” which is confusing because claim 5 previously recites “the first transmission assembly comprises a first gear” and the language in claim 19 makes it unclear whether each first transmission assembly has a first gear, or multiple first gears.
Claim 19, lines 5-7 recite “first gears … are engaged with duplex gears” and it is unclear whether each first gear is engaged with a single duplex gear, or multiple duplex gears.
Claim 20, lines 5-6 recite “first gears of at least one first transmission assembly” which is confusing because claim 5 previously recites “the first transmission assembly comprises a first gear” and the language in claim 20 makes it unclear whether each first transmission assembly has a first gear, or multiple first gears.
Claim 20, lines 5-7 recite “first gears … are engaged with duplex gears” and it is unclear whether each first gear is engaged with a single duplex gear, or multiple duplex gears.
Allowable Subject Matter
Claims 1-8 and 11-13 are allowable. The prior art of record fails to teach, disclose, or fairly suggest the invention of claim 1. For example, the prior art fails to disclose the first transmission assembly and second transmission assembly, wherein when the first transmission assembly and the second transmission assembly operate together, the hammer arm assembly sequentially passes through areas of the plurality of sub-central angles and reciprocates in the area of each sub-central angle of the plurality of sub-central angles. Therefore, the claims are allowable, since the prior art fails to teach or disclose the limitation(s).
Claims 9-10 and 14-20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Donoway (1,955,623) discloses a related arcuate percussing massage device in which the length of stroke or arc is manually controlled and adjusted by an adjustment screw. Chen (2008/0312568) discloses a related massage machine with a transmission assembly configured to adjust the arc of the hammering assembly. Stanbridge (2012/0253245) discloses a related arcuate percussing massage device which can adjust the stroke length to adjust the amplitude of the massage shaft. Marton et al. (11,478,400) discloses a related percussive massage device in which the stroke length is adjustable. Okamoto (2021/0369548) discloses a related massage machine with an adjustable swing amplitude, so that various changes of the hammering/knocking can be realized. Wersland et al. (2022/0047453) discloses a related percussive massage device which reciprocates in a first range and can be adjusted to reciprocate within a second range, different than the first range. Wang (2022/0241135) discloses a related hammering massage machine. Zou et al. (CN 202844072 U) discloses a related shoulder massager with an adjustable clamping function. Zhou et al. (CN 113397941 A) discloses a related massage device with a rotating seat that can have its angle adjusted, provided with a knocking transmission mechanism, capable of driving the swinging arm and massage wheel to make a knocking motion. Lin et al. (CN 111773053 A) discloses a related massage device with a transmission assembly that changes the angle of the massage arm relative to the machine frame to adjust the massaging force. Liu et al. (WO 2012/111175 A1) discloses a related massage machine with a transmission assembly that adjusts the angle of the massaging member to change the swing angle of the massaging member. Liu et al. (KR 20110080147 A) discloses a related massage machine with a transmission assembly that adjusts the angle of the massage member. Shiraishi (JP 2005046542 A) discloses a related massage machine with a transmission assembly that adjusts the massage force by moving an arc adjusting means.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 9:00-5:30 (Eastern).
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, Timothy Stanis can be reached at 571-272-5139. 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.
/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
Prosecution Insights