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 .
Drawings
The drawings were received on 6/12/2026. These drawings are acceptable.
Response to Amendment
The amendment to the specification filed 6/12/2026 has been entered.
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.
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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. KR 20140079717 in view of Li et al. CN 104095703
Regarding claim 1, Choi teaches a thermo-therapeutic apparatus comprising a thermal ceramic module (The abstract states “The present invention relates to a ceramic rising and falling apparatus for a thermal therapeutic device”), the thermal ceramic module comprising: a body (figure 1, base plate 10); a supporting plate located on the body (first elevating member 20, figure 3); an ascending and descending driving part configured to move the supporting plate (Drive unit 31, figure 2); a pair of first thermal ceramics configured to be disposed on a frontside of the supporting plate (Figure 1 depicts a pair of ceramic members 60 on the front side); a pair of second thermal ceramics configured to be disposed on a rearside of the supporting plate (Figure 1 depicts a pair of ceramic members 60 on the rearside), the frontside and the rearside being defined along a first direction (Figure 1 depicts both sides defined along one direction);
wherein a hinge axes of the hinges form an angle smaller than 180 degrees (Figures 1 and 2 depict hinge engaging portions 13 with a hinge axis along 13a that form an angle smaller than 180 degrees. Based on figure 3, the up down movement of lifting member 40 forms an angle smaller than 180 degrees) such that the pair of first thermal ceramics are movable simultaneously in a second direction (moveable in a second direction through elastic member 50 as depicted in figure 2) and in a vertical direction (Moves vertically through elevating member 20 by way of guide member 35), the second direction perpendicular to the first direction, the first and second directions constituting a plane parallel to the supporting plate (Depicted in the annotated figure below).
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and wherein the ceramic driving member is further configured to move the first thermal ceramics in the vertical direction regardless of the movement of the supporting plate by the ascending and descending driving part (The direct translation of paragraph 0081 states “In addition, the elastic member (50) is configured to connect each of the elevating members (20) (40), and simultaneously, when the first elevating member (20) is raised and lowered, it is raised and lowered together, but it can elastically support the second elevating member (40) without affecting the operation of the second elevating member (40), thereby ensuring independent movement of each of the elevating members (20) (40), thereby further improving the massage effect.”).
Choi fails to teach a pair of ceramic supports configured to support the pair of first thermal ceramics, respectively; and a pair of ceramic driving members configured to move the pair of first thermal ceramics, respectively, wherein each of the pair of ceramic driving members comprises a hinge, a support rod connecting the hinge to a corresponding one of the pair of ceramic supports and rotatably coupled to the hinge, and an elastic member configured to restore a movement of a corresponding first thermal ceramic, wherein the pair of ceramic driving members are further configured to move the pair of first thermal ceramics in the vertical direction regardless of the movement of the supporting plate by the ascending and descending driving part.
Li teaches an analogous thermal therapeutic massage device that does teach a pair of ceramic supports configured to support the pair of first thermal ceramics (Figure 5 central portions 232), respectively; and a pair of ceramic driving members configured to move the pair of first thermal ceramics (Ceramic driving member includes the components 342, 356, 220-1, 256, and lifting element 230 which contains sides 234 and 236 as depicts in figure 4. This is also located on the opposite side.), respectively, wherein each of the pair of ceramic driving members comprises a hinge (hinge 220), a support rod connecting the hinge to a corresponding one of the pair of ceramic supports (Individual sides 234 and 236 of lifting element 230 as depicted in figures 5 and 6 are individual support rods) and rotatably coupled to the hinge (Depicted in figure 3), and an elastic member configured to restore a movement of a corresponding first thermal ceramic (Spring 256). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elevating member 40 of Choi with the teachings of Li and include a pair of ceramic supports configured to support the pair of first thermal ceramics, respectively; and a pair of ceramic driving members configured to move the pair of first thermal ceramics, respectively, wherein each of the pair of ceramic driving members comprises a hinge, a support rod connecting the hinge to a corresponding one of the pair of ceramic supports and rotatably coupled to the hinge, and an elastic member configured to restore a movement of a corresponding first thermal ceramic as this allows for the right and left ceramic members to move independently of one another in order to provide a tailored massage to the user based on the shape of the user’s right and left side of the body (paragraph 0069 of the attached translated application).
Once this modification is made, modified Choi would now teach wherein the pair of ceramic driving members are further configured to move the pair of first thermal ceramics in the vertical direction regardless of the movement of the supporting plate by the ascending and descending driving part as each ceramic now has its own driving member, and the movement of elevating member 20 by way of guide 35 would stay the same.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over modified Choi in view of Kim et al. WO 02069880 and Ookwa et al. 5,792,080
Regarding claim 2, modified Choi teaches the thermo-therapeutic apparatus of claim 1, teaches a weight sensor configured to sense a body pressure of a user; and a controller configured to control setting and performance of a massage mode of the thermal ceramic module, the controller controlling a driving height of the ascending and descending driving part according to the body pressure of the user (Page 6 of translated Choi states “First, ceramic elevating device that is equipped with sensors and thermal therapy, massage when the scanner is equipped with work, and to provide the controller detects the user's physical information. and the controller becomes each ceramic member 60 is to facilitate contact is made with the body by driving the first driving means 30 according to the user's body information, the first elevating member 20 to be elevated or lowered.”); but fails to teach providing the same pressure to the user through the first and second thermal ceramics on the basis of a predetermined intensity set by the user, a storage part configured to store reference height information of the ascending and descending driving part is stored according to the predetermined intensity, wherein the controller is further configured to calculate driving height adjustment information with respect to the reference height information, the driving height being adjusted inversely proportional to the body pressure sensed by the weight sensor.
However, Kim teaches an analogous thermotherapeutic apparatus (abstract) wherein a weight sensor is provided (Fig. 7, pressure sensor 214) to sense a 10body pressure of a user (page 24, lines 24-27) and a controller configured to control setting and performance of a massage mode of the thermal module (Fig. 7, 112), wherein the controller controls a driving height of the ascending and descending driving part according to the body pressure of the user sensed by the weight sensor, to provide the same pressure to the user through the ceramic member on the basis of a 15predetermined desired intensity (page 24 line 19 - page 25 line 2; Fig. 7, the thermotherapeutic member is moved vertically to apply desired pressure based on the measured pressure from the sensor), a storage configured to store reference height information of the ascending and descending driving part is stored according to the predetermined intensity (Fig. 11, S404; controller 112 stores information related to massage settings) wherein the controller is further configured to calculate driving height adjustment information with respect to the reference height information (Fig. 11, step S410; page 27, lines 18-23, vertical adjustment is based on height and location of points along the spine).
It would have been prima facie obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the thermal module of modified Choi to be controlled based on pressure sensor readings, as taught by Kim, for the purpose of using a control system that takes into account the user’s body and movement to provide effective treatment (page 5, lines 17-22).
Modified Choi in view of Kim, does not explicitly teach the driving height being adjusted inversely proportional to the body pressure sensed by the weight sensor.
However, Ookwa teaches an analogous massager (abstract and fig. 1) wherein the controller (col. 8, lines 16-17, controller 143) is further configured to calculate driving height adjustment information (fig. 17 and col. 8, lines 20-28, the “projection amount” is adjusted. The projection amount is the height adjustment, height being the distance the massage member protrudes from the back of the chair), the driving height being adjusted inversely proportional to the body pressure sensed by the weight sensor (see fig. 17 and col. 8, lines 20-28, as the pressure lowers, the projection amount increases and if the pressure increases, the projection decreases).
Since Kim teaches that the height is adjusted based on the pressure sensed but is silent on the way it is adjusted, it would have been prima facie obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify modified Choi in view of Kim with the teachings of Ookwa to adjust the height inversely proportional to the body pressure sensed by the weight sensor in order to self-adjust and balance the massage strength setting with the monitored pressure (Ookwa col. 8, lines 20-28).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over modified Choi in view of Kim
Regarding claim 6, Modified Choi teaches the thermo-therapeutic apparatus of claim 1, but fails to teach further comprising: a storage part configured to store user specific information including a body type, a weight, and massage mode setting information; and a controller configured to control setting and performance of a massage mode of the thermal ceramic module and store current massage mode setting information in the storage part as the user specific information when the massage mode of the thermal ceramic module ended. However, Kim teaches an analogous thermotherapeutic apparatus comprising a storage part in which user specific information including a body type, a weight, and massage mode setting information of the user is stored (pg 16, lines 4-10), and a controller configured to control setting and performance of a massage mode of the module (figs. 2 and 3, the controller controls settings and performance of the massage module) and store current massage mode setting information in the storage part as the user specific information when the massage mode of the thermal ceramic module 20is ended (pg 16 line 26 - pg 17 line 2; see also Fig. 5, the CPU stores user data after a session).
Therefore, it would have been prima facie obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the control system of modified Choi to control and store user information and settings, as taught by Kim, for the purpose of making the massage easily tailored to repeat users of the device without configuring settings each time.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over modified Choi in view of Kim and Jeon et al. 2013/0110007
Regarding claim 7, modified Choi teaches the thermo-therapeutic apparatus of claim 1. Modified Choi further teaches a horizontal conveying motor (Drive module 31) configured to horizontally drive the thermal ceramic module along the first direction (Since drive module 31 translates the module vertically at an angle, horizontal movement is also occurring by default.) and a weight sensor configured to sense a body pressure of a user; and a controller configured to control setting and performance of a massage mode of the thermal ceramic module, the controller controlling a driving height of the ascending and descending driving part according to the body pressure of the user (Page 6 of translated Choi states “First, ceramic elevating device that is equipped with sensors and thermal therapy, massage when the scanner is equipped with work, and to provide the controller detects the user's physical information. and the controller becomes each ceramic member 60 is to facilitate contact is made with the body by driving the first driving means 30 according to the user's body information, the first elevating member 20 to be elevated or lowered.”), but fails to teach wherein the same pressure to the user through the first and second thermal ceramics on the basis of a predetermined intensity set by the user.
However, Kim teaches an analogous thermotherapeutic apparatus comprising a weight sensor (Fig. 7, pressure sensor 214) to sense a 10body pressure of a user (page 24, lines 24-27) and a controller configured to control setting and performance of a massage mode of the thermal module (Fig. 7, 112), the controller controlling a driving height of the ascending and descending driving part according to the body pressure of the user sensed by the weight sensor, to provide the same pressure to the user through the ceramic member on the basis of a 15predetermined desired intensity set by the user (page 24 line 19 - page 25 line 2; see also Fig. 7, the thermotherapeutic member is moved vertically to apply desired pressure based on the measured pressure from the sensor), a storage configured to store reference height information of the ascending and descending driving part is stored according to the predetermined intensity (Kim Fig. 11, S404; controller 112 stores information related to massage settings) wherein the controller is further configured to calculate driving height adjustment information with respect to the reference height information (Kim Fig. 11, step S410; see page 27, lines 18-23, vertical adjustment is based on height and location of points along the spine).
It would have been prima facie obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the thermal module of modified Choi to be controlled based on pressure sensor readings, as taught by Kim, for the purpose of using a control system that takes into account the user’s body and movement to provide effective treatment (Kim page 5, lines 17-22).
Modified Choi in view of Kim, further does not teach a storage part configured to store body type information corresponding to at least body pressure distribution or a current variation amount of the horizontal conveying motor, wherein the controller is further configured to determine a body type of the user by referring to the body 30type information according to at least body pressure distribution of the user on the basis of a sensing result sensed by the weight sensor for a body part or a current variation amount of the horizontal conveying motor according to a location.
However, Jeon teaches an analogous thermotherapy device (see abstract) comprising a storage part (Fig. 5; paragraph 53, the control unit stores information) configured to store body type information corresponding to at least one of body pressure distribution or a current variation amount of the horizontal conveying motor (paragraphs 91-93), wherein the controller determines a body type of the user with reference to the body 30type information according to at least body pressure distribution of the user on the basis of a sensing result sensed by the weight sensor for a body part or a current variation amount of the horizontal conveying motor according to a location (Fig. 6, S420; paragraphs 93-94 and 114-119; the shape of a user’s back is determined from the variation in voltage of the motor during scanning of the back, the variation in voltage is caused by the body weight distribution of the user, the higher the pressure, the higher the load value increases).
Therefore, it would have been prima facie obvious to one skilled in the art, before the time of the effective filing date of the invention, to further modify the control system of modified Choi in view of Kim to determine body type information from sensor readings, as taught by Jeon, for the purpose of tailoring the thermotherapy to individual requirements (Jeon paragraph 5).
Regarding claim 8, modified Choi, in view of Kim and Jeon teaches the thermotherapeutic apparatus of claim 7. Kim further teaches a storage part configured to store user specific information including a body type, a weight, and massage mode setting information of the user is stored (pg 16, lines 4-10) and the controller is configured to recognize the user by referring to the user specific information according to the determined body type of the user and automatically sets the massage mode of the thermal ceramic module according to massage mode setting information of the recognized user (pg 16 lines 4-10; see also Fig. 4, s103, previous user data used to initialize therapy).
Therefore, it would have been prima facie obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the control system of modified Choi to store user settings and operate based on stored information, as taught by Kim, for the purpose of making the massage easily tailored to repeat users of the device without configuring settings each time.
Response to Arguments
Applicant’s arguments with respect to claim 1 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROHAN PATEL/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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