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
This office action is in response to the filing of the application on 12/15/2023. Since the initial filing, no claims have been amended, added, or canceled. Thus claims 1-15 are pending in the application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Possible suggestion would be -Massage Apparatus with Motorized Hidden Massage Module-.
Claim Interpretation
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:
“massage module” in claims 1, 2, 7, 8, 14, and 15. The corresponding structure for “massage module” is depicted in Fig. 4 (see massage module 60).
“drive device” in claims 10-11 and 13. The corresponding structure for “drive device” is considered a device comprising a motor (See Fig. 17, drive device 70 includes motor 71; see also specification Page 30 - “the drive device 70 may operate a motor 71 to rotate or slide the first cover member 110 and the second cover member 120”)
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 1-15 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, the limitation states "the first side of, and coupled to, the seat frame" (ln 5). There is insufficient antecedent basis for this limitation in the claim. Additionally, the phrase "the first side of, and coupled to, the seat frame" renders the claim indefinite because it is unclear if Applicant is intending to define “a first side of the seat frame” such that the line reads “a first side of, and coupled to, the seat frame”, if Applicant is intending for the line to read “the first side of, and coupled to the seat portion”, or if Applicant is intending the line to read “the first side of the seat portion, and coupled to the seat frame”. For examination purposes the claim will be interpreted as a seat on the first side of the seat portion, and the seat portion coupled to the seat frame.
Regarding claim 6, the limitation “when the cover member is at the first position, and is unfolded from” (ln 3), renders the claim indefinite because the phrase is a method step in an apparatus claim, and it is unclear if Applicant is intending to state that the cover member is capable of folding or if the cover member must be folded as a step of opening the cover into first position. For the purpose of examination, the claim will be interpreted as the cover member being capable of folding. Suggested corrections would be -the cover member is at the first position and is configured to unfold from-
Regarding claim 7, the limitation “the cover member” (ln 2), is unclear whether Applicant is saying that the first cover member is disposed between the seat portion, the second cover member is disposed between the seat portion, or if Applicant is saying that both cover members are disposed between the seat portion. For examination purposes, the claim will be interpreted as the first cover member being disposed between the seat portion.
Regarding claim 8, the limitation “the cover member is disposed between the seat portions” (ln 2), is unclear whether Applicant is saying that the first cover member is disposed between the seat portion, the second cover member is disposed between the seat portion, or if Applicant is saying that both cover members are disposed between the seat portion. For examination purposes, the claim will be interpreted as the first cover member being disposed between the seat portion.
Regarding claim 10, the limitation “the cover member” (ln 3 and ln 5), is unclear whether Applicant is saying that the first cover member is disposed between the seat portion, the second cover member is disposed between the seat portion, or if Applicant is saying that both cover members are disposed between the seat portion. For examination purposes, the claim will be interpreted as the first cover member being disposed between the seat portion.
Any remaining claims are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
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 1-9 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as unpatentable by Kim (KR 101486004 B1).
Regarding claim 1, Kim discloses a massage apparatus (built in chair massage 100, FIG 1), comprising:
a seat portion with a first side and a second side opposite the first side (seat and seat frame, Annotated FIG 1), the seat portion including:
a seat frame (column and chair structure, Annotated FIG 1), and
a seat on the first side of (the seat located on the top part of the seat frame, Annotated FIG 1), and coupled to, the seat frame;
a base frame on the second side of the seat portion (backrest 110 located on the backside of the seat portion, FIG 6), and including an opening (storage space 111, FIG 2 and Annotated FIG 1);
a massage module coupled to the base frame (massage unit 122 attached to backrest 110, FIG 2), and configured to provide a massage function through the opening (first storage space 111, FIG 2); and
a cover member (either first cover 130 or second cover 140, FIG 3-5) on the second side of the seat portion (Annotated FIG 1),
wherein the cover member (either first cover 130 or second cover 140) is configured to be movable to cover the opening and uncover the opening. (Both covers are movable about the opening as depicted through FIGs 1-6 and described in paragraph [0024, 0032, and 0037]. The second cover is movable along the first (front) and second side (back) of the chair through the second fastener 142; while, the first cover is movable along the first fastener 132 going up and down as to cover and uncover the internal massage device.)
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Annotated FIG. 1 (Kim's FIG 2)
Regarding claim 2, Kim discloses the device of claim 1, wherein
the cover member (second cover 140) is movable between a first position (second cover along the back of the chair’s back rest, Annotated FIG 2) that opens the opening so that the massage module is movable through the opening, and a second position that closes the opening (second cover over top of massage machine on the front side of the chair’s back rest, Annotated FIG 2).
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Annotated FIG. 2 (R: Kim's FIG 5, L: Kim's FIG 3)
Alternatively, the cover member (first cover 130) is movable between a first position (first cover unfastened by first fastener 132, Annotated FIG 3) that opens the opening so that the massage module is movable through the opening, and a second position that closes the opening (first cover fastened to the backrest 110 via first fastener 132, Annotated FIG 3).
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Annotated FIG. 3 (R: Kim's FIG 2, L: Kim's FIG 1)
(Examiner’s note: for clarity this examiner has depicted both ways the claim limitation may be rejected in regards to both cover members and the respected positions either cover may be in.)
Regarding claim 3, Kim discloses the device of claim 2, wherein
the cover member includes:
a first cover member (first cover 130) disposed on a first side of the opening along a left- right direction when the cover member is at the first position (as the cover is attached along the y-axis of the backrest 110, the first cover is therefore disposed along the left-right direction with first position, Annotated FIG 3), and
a second cover member (second cover 140) disposed on a second side of the opening along the left-right direction when the cover member is at the first position (as the cover is attached along the y-axis of the backrest 110, the second cover is therefore disposed along the left-right direction with first position, Annotated FIG 2).
Regarding claim 4, Kim discloses the device of claim 3, wherein
each of the first cover member and the second cover member is rotatable so as to be moved from the first position to the second position. (Both covers are rotatable as depicted through FIGs 1-6 and described in paragraph [0024, 0032, and 0037]. The second cover is rotatable along the first (front) and second side (back) of the chair via the second fastener 142, Annotated FIG 2; while, the first cover is rotatable along the first fastener 132 going up and down as to cover and uncover the internal massage device, Annotated FIG 3. As rotatable can be interpreted many ways in terms of movement, both covers can be described as rotatable when moving from second to first position as they rotate about the main structure of chair.)
Regarding claim 5, Kim discloses the device of claim 3, wherein
each of the first cover member and the second cover member is slidable so as to be moved from the first position to the second position. (Both covers are slidable as depicted through FIGs 1-6 and described in paragraph [0024, 0032, and 0037]. The second cover is slidable along the first (front) and second side (back) of the chair via the second fastener 142, Annotated FIG 2; while, the first cover is rotatable along the first fastener 132 going up and down as to cover and uncover the internal massage device, Annotated FIG 3. As slidable can be interpreted many ways in terms of movement, both covers can be described as slidable when being moved along the back rest, as they are able to be placed into position via sliding up and down along the back rest and the first and second fasteners.)
Regarding claim 6, Kim discloses the device of claim 2, wherein
the cover member is folded at a first end of the opening when the cover member is at the first position (using first cover 130 as no specific cover member has been declared within the claim limitation; first cover 130 is seen as folded about the bottom section of the backrest 110 while in first position, Annotated FIG 3), and is unfolded from the first end of the opening towards a second end of the opening when the cover member is at the second position (first cover 130 is seen as unfolded about the top section of the backrest 110 when fastened up and over the massage unit 122 and the opening 111, Annotated FIG 3. )
Regarding claim 7, Kim discloses the device of claim 5, wherein
when the cover member is at the second position, the cover member is located at a first end of the opening, and the massage module is located at a second end of the opening. (As the covers 130 and 140 both cover the entirety of the massage unit (FIG 1 and FIG 3), they are at both ends of the backrest 110, they can be seen as located at the first end/bottom of the opening while the massage unit is located at the second end/top of the opening.)
Regarding claim 8, Kim discloses the device of claim 5, wherein
at the second position, the cover member is disposed between the seat portion and the massage module so as to cover the massage module. (Using the first cover as the “cover member”, it can be seen through FIG 1 that the first cover extends down to the seat portion and is thus attached to both the seat portion and the base frame that holds the massage module. The first cover is then seen as being in between the seat portion and the massage module.
Alternatively, using the second cover as the referenced cover member, when in second position (annotated FIG 2) the second cover is then seen as being in between the seat portion and the massage module as the seat portion is below the second cover and the massage module, the second cover can be interpreted as being in between the two elements.)
Regarding claim 14, Kim discloses the device of claim 6, wherein
when the cover member is at the second position, the cover member is located at a first end of the opening, and the massage module is located at a second end of the opening. (As the covers 130 and 140 both cover the entirety of the massage unit (FIG 1 and FIG 3), they are at both ends of the backrest 110, they can be seen as located at the first end/bottom of the opening while the massage unit is located at the second end/top of the opening.)
Regarding claim 15, Kim discloses the device of claim 6, wherein
at the second position, the cover member is disposed between the seat portion and the massage module so as to cover the massage module. (Using the first cover as the “cover member”, it can be seen through FIG 1 that the first cover extends down to the seat portion and is thus attached to both the seat portion and the base frame that holds the massage module. The first cover is then seen as being in between the seat portion and the massage module.
Alternatively, using the second cover as the referenced cover member, when in second position (Annotated FIG 2) the second cover is then seen as being in between the seat portion and the massage module as the seat portion is below the second cover and the massage module, the second cover can be interpreted as being in between the two elements.)
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 101486004 B1) as applied to the claim above, and further in view of INADA (JP 2003038600 A).
Regarding claim 9, Kim discloses the device of claim 1, wherein
the cover member includes:
a first cover member spaced apart from the opening (FIG 2 shows the first cover 130 folded downward and therefore spaced apart from the opening 111),
a second cover member between the first cover member and the seat portion (FIG 3 shows the second cover layered over top the first cover and is displayed between the seat portion; Annotated FIG 1; thus, the second cover is therefore set between the first cover and the seat portion)
Kim is silent on a connecting member disposed between the first cover member and the second cover member to connect the first cover member and the second cover member.
INADA teaches of a hook-and-loop fastener along a secondary cover that attaches to the chair’s backing or first covering order to provide additional comfort for relaxation and allowing the user to add or remove the secondary cover at will, ([0020] FIG 6).
Therefore, it would be obvious to one of ordinary skill in the art prior to the effective filling date to modify the design of Kim’s device to allow the second cover to be connected to the first cover through the use of INADA’s fastener design as a replacement for Kim’s second fastener. This allows the second cover to have greater mobility as to move the second cover up or down along the back rest of the chair and provide the user with more personalized comfort and prevent the second cover from moving from its designated place when the user shifts within their seat. As Kim mentions within their application, the second cover is removable and the fastener may be a hook-and-loop fastener attachment along the back of the chair, this leaves open the option for placing the hook-and-loop fastener in a separate location on the chair (Kim [0037]); in this case, along the first cover; while still allowing the second cover to be moveable and removable from the backrest. Additionally, the hook-and-loop can not only be placed upon the first cover but along the sides of the backrest (INADA FIG 6); as to ensure the second cover remains in place and completely covers the massage unit should the user shift and move more than average. Both combinations prioritize the user’s comfort as is the main goal of both devices.
Allowable Subject Matter
Claims 10-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Motorized drive device for opening and closing cover in order to allow a massage module to appear be used by the operator
The prior art alone or in combination with fails to disclose or make obvious a massage apparatus comprising, inter alia, a seat portion with a frame and a seat, a base frame opposite the seat frame on the seat portion, the base frame comprising an opening, a massage module coupled to the base frame, and a cover member moveable to cover/uncover the opening via a drive device.
The closest prior art, Kim et al, discloses the apparatus as substantially claimed in claim 4 as detailed in the rejection above. However, Kim does not disclose or make obvious having a driver for moving the cover member to cover and uncover the massage module within the opening of the base frame. Furthermore, it would not have been obvious to modify the device of Kim to include a drive device for the cover as there is no motivation, absent hindsight, to do so. Additionally, no other references, or reasonable combination thereof, could be found which discloses or suggests these features in combination with other limitations in the claims.
Additionally, Carrera (EP 1736128 A1) discloses a motorized massage unit that is initially set within a bed and the user then opens up a pocket and replaces a cushion portion of the bed with a massage unit. However, Carrera does not disclose or make obvious the use of a first and second cover to be used as a means of covering the massage unit while not in use. Furthermore, it would not have been obvious to modify the device of Carrera to include two cover members that are motorized in addition to the massage unit and cushion replacement mechanism as there is no motivation, absent hindsight, to do so. Additionally, no other references, or reasonable combination thereof, could be found which discloses or suggests these features in combination with other limitations in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yoshida et al. (US 10327979 B2) a massage chair with a backrest and reclining mechanism, said backrest composing of a back pad that may be detached that covers the massage apparatus.
Choi et al. (KR 200493289 Y1) a massage chair with detachable cushions along the seat portion. Detachable cushions cover the massage portion of the apparatus as a way to provide comfort for the user should that massage portion not be in use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE B RESTAINO whose telephone number is (571)272-8697. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM.
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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.
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/DANIELLE B RESTAINO/ Examiner, Art Unit 3785
/TIMOTHY A STANIS/ Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights