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 .
Claim Objections
Claim 16 is objected to because of the following informalities: In claim 16, line 1 "enclosing structure" should be changed to --the . Appropriate correction is required.
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 2, 8, and 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 2 recites the limitation "the control unit" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the irradiation characteristics" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the control unit" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the irradiation characteristics" in line 1. There is insufficient antecedent basis for this limitation in the claim.
All remaining claims are rejected based on their dependency of a 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.
Claim(s) 1, 4, 8-9, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 102548995).
With respect to claim 1, Kim discloses a massaging device (see fig 1 and [0007] of translation), the massaging device comprising an enclosing structure (50 and 60, fig 2) defining a cavity (see the internal components inside 50 and 60 in fig 2 and [0016] of translation), the enclosing structure comprising a plurality of lateral portions (see annotated fig 1 of Kim), a top portion (see annotated fig 1 of Kim) and a bottom portion (see annotated fig 1 of Kim); a plurality of Light Emitting Diodes (LEDs) (42a-42g and 44a-44f, fig 4) encased within the cavity; and a plurality of diaphanous portions (windows; 31a-31g and 32a-32g, fig 1), the plurality of diaphanous portions provided partially in the plurality of lateral portions, partially in the top portion, and partially in the bottom portion (see annotated fig 1 where the LEDs are on the annotated portions).
With respect to claim 4, Kim discloses the plurality of LEDs is configured to emit radiation in red and infrared regions of the electromagnetic spectrum (see [0042] of translation where the LEDs are in the range of 630-830nm which covers both red and near infrared regions).
With respect to claim 8, Kim discloses a control unit (91, fig 8) configured to control the irradiation characteristics of the plurality of LEDs (see [0057] of translation).
With respect to claim 9, Kim discloses the control unit is enclosed by the enclosing structure (see [0057] of translation where the control unit is part of the pcb assembly 82, fig 3).
With respect to claim 16, Kim discloses the enclosing structure is formed in shape of a Gua Sha stone (see fig 1 and [0001] of translation).
With respect to claim 18, Kim discloses a method (note the device of Kim would be capable of performing the method as claimed since the structure is provided by the device of Kim) of using a massaging device (see fig 1 and [0007] of translation), the method comprising activating the massaging device using a user interface (83, fig 2 and [0028] of translation); providing a control input to the massaging device from the user interface (see [0055] of translation); and applying a plurality of diaphanous portions to a face of a user (see [0021] of translation).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2, 14, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Matsushita (CN 104274903).
With respect to claim 2, Kim discloses a user input (83, fig 2) for controlling the device (see [0028] of translation) but lacks the plurality of lateral portions of the enclosing structure comprises at least two capacitive touch switches, such that, the control unit is configured to be activated on receiving touch inputs from the at least two capacitive touch switches.
However, Matsushita teaches a gua sha device (11, fig 1) comprising two capacitive touch switches (14/15, fig 1) such that, a control unit (7, fig 1) is configured to be activated on receiving touch inputs from the at least two capacitive touch switches (see [0033] of translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lateral portions of the enclosing structure of Kim to include touch switches as taught by Matsushita so as to power the device while also applying electrical stimulation with physical massage (see [0012] of Matsushita).
With respect to claims 14 and 19, Kim discloses all the elements as claimed above but lacks a vibratory motor configured to provide vibratory massage to the body of a user.
However, Matsushita teaches a gua sha device (11, fig 1) comprising a vibratory motor (20/21, fig 1) configured to provide vibratory massage to the body of a user (see [0042] of translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a vibratory motor as taught by Matsushita so as to provide additional stimulation to the user.
With respect to claim 20, Kim discloses all the elements as claimed above but lacks providing Electronic Muscle Stimulation (EMS) to a body of the user using a plurality of electrodes of the massaging device.
However, Matsushita teaches a gua sha device (11, fig 1) providing EMS to a body of the user using a plurality of electrodes of the massaging device (see [0065] of translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include electrodes for EMS as taught by Matsushita so as to provide additional stimulation to the user for applying low frequency (see [0065] of Matsushita).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of (KR 20220002575) herein referred to as KR.
With respect to claim 3, Kim discloses all the elements as claimed above but lacks the plurality of diaphanous portions comprises a plurality of crest-shaped segments and a plurality of trough-shaped segments, and the plurality of LEDs are located in line with the plurality of trough-shaped segments.
However, KR teaches a gua sha device (110, fig 1) comprising a lateral portion (side 116, fig 1) comprises a plurality of crest-shaped segments (convex projections; 154, fig 1) and a plurality of trough-shaped segments (concave projections; 153, fig 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lateral portion of Kim to include crest-shaped segments and trough-shaped segments as taught by KR so as to provide an additional massaging effect to user.
Note after the modification the LEDs would align with the troughs and crests.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Wu (CN202314239).
With respect to claim 5, Kim discloses a rechargeable battery (46, fig 2) but lacks the battery configured to be charged wirelessly using a wireless charging coil.
However, Wu teaches a massage device (1, fig 2) comprising a battery (14, fig 3) configured to be charged wirelessly using a wireless charging coil (21, fig 4 and [0028]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a wireless charging coil as taught by Wu so as to provide wireless charging with no need to be in close proximity to a plug (see [0004] of Wu translation).
With respect to claim 6, Kim discloses all the elements as claimed above but lacks a wireless charger comprising an induction coil and a cavity acting as a seat for docking of the enclosing structure onto the wireless charger.
However, Wu teaches a massage device (1, fig 2) comprising a wireless charger (24, fig 2) comprising an induction coil (21, fig 4 and [0028]) and a cavity (243, fig 4) acting as a seat for docking of the device onto the wireless charger (see [0029] of Wu translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a wireless charger and associated electronics as taught by Wu so as to provide wireless charging with no need to be in close proximity to a plug (see [0004] of Wu translation).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Wu as applied to claim 6 above, and further in view of Cai (2016/0136037).
With respect to claim 7, the modified Kim shows the wireless charger is configured to be powered through an adapter (23, fig 4 and [0028] of Wu) but is silent regarding the adapter being a USB interface.
However, Cai teaches a massage device (10, fig 4) with a wireless charger (50, fig 4) powered through a USB interface (56, fig 4; see [0020]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the adapter of the modified Kim with a USB interface as taught by Cai so as to replace one well-known adapter with another adapter to provide power from an external power source.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Dijkstra (2024/0269478).
With respect to claim 10, Kim discloses all the elements as claimed above but lacks the irradiation characteristics comprise a mode of operation of the plurality of LEDs and frequencies of the irradiation.
However, Dijkstra teaches a phototherapy device (100, fig 1A) comprising a control unit (200, fig 6) and external communication (600, fig 6) and irradiation characteristics comprise a mode of operation of LEDs (120, fig 1A) and frequencies of the irradiation (see [0068]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include modes of operation and frequencies of the LEDs with control components as taught by Dijkstra so as to control the device by switching between modes and therapies (see [0068] of Dijkstra).
With respect to claim 11, the modified Kim shows the control unit comprises a communication interface (‘Wireless communication Unit’, fig 6 of Dijkstra) configured to connect the massaging device with an external communication device (600, fig 6 of Dijkstra) and the control unit is configured to receive a control input from the external communication device (see [0068] of Dijkstra).
With respect to claim 12, the modified Kim shows the control input comprises a signal for modification of irradiation characteristics of the plurality of LEDs (note the input received would send a signal from the external device to the control unit to the LEDs for control; see also [0068] of Dijkstra).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Hu (WO 2021027392).
With respect to claim 13, Kim discloses the enclosing structure (see claim 1 above) but is silent regarding the enclosing structure is made up of a material selected from Acrylonitrile Butadiene Styrene (ABS) and Polycarbonate (PC).
However, Hu teaches a gua sha device (see fig 1 and [0001]) comprising and eclosing structure (2/14, fig 1) made up of a material selected from Acrylonitrile Butadiene Styrene (ABS) and Polycarbonate (PC) (see [0022] of translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the enclosing structure of Kim to be made of ABS and PC as taught by Hu so as to provide well-known material for a structurally stable enclosure.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Dijkstra (2025/0041623).
With respect to claim 15, Kim discloses all the elements as claimed above but lacks a plurality of electrodes configured to provide Transcutaneous Electrical Nerve Stimulation (TENS), Electronic Muscle Stimulation (EMS), and Microcurrent Electrical Therapy (MET) to the body of a user.
However, Dijkstra teaches a massage device (100, fig 1A) comprising a plurality of electrodes (209, fig 1C and [0073]) configured to provide Transcutaneous Electrical Nerve Stimulation (TENS), Electronic Muscle Stimulation (EMS), and Microcurrent Electrical Therapy (MET) to a body of a user (see [0080]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a plurality of electrodes as taught by Dijkstra so as to provide additional stimulation to the user.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR102548995) in view of (KR20220002575).
With respect to claim 17, Kim discloses a massaging device (see fig 1 and [0007] of translation), the massaging device comprising an enclosing structure (50 and 60, fig 2) defining a cavity (see the internal components inside 50 and 60 in fig 2 and [0016] of translation), the enclosing structure comprising a plurality of lateral portions (see annotated fig 1 of Kim), a top portion (see annotated fig 1 of Kim) and a bottom portion (see annotated fig 1 of Kim); a plurality of Light Emitting Diodes (LEDs) (42a-42g and 44a-44f, fig 4) encased within the cavity; and a plurality of diaphanous portions (windows; 31a-31g and 32a-32g, fig 1), the plurality of diaphanous portions provided partially in the plurality of lateral portions, partially in the top portion, and partially in the bottom portion (see annotated fig 1 where the LEDs are on the annotated portions), but lacks the plurality of diaphanous portions comprises a plurality of crest-shaped segments and a plurality of trough-shaped segments, and the plurality of LEDs are located in line with the plurality of trough-shaped segments.
However, KR teaches a gua sha device (110, fig 1) comprising a lateral portion (side 116, fig 1) comprises a plurality of crest-shaped segments (convex projections; 154, fig 1) and a plurality of trough-shaped segments (concave projections; 153, fig 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lateral portion of Kim to include crest-shaped segments and trough-shaped segments as taught by KR so as to provide an additional massaging effect to user.
Note after the modification the LEDs would align with the troughs and crests.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tucker (2007/0191745), Giddlings (2019/0008716), (CN105662822), (JP2019063481), (CN110947093), (KR102284232), and (KR102632303) are cited to show additional massaging devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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/KELSEY E BALLER/Examiner, Art Unit 3785
/TU A VO/Primary Examiner, Art Unit 3785
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