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 1/04/2024. Since the initial filing, no claims have been amended, added, or canceled. Thus claims 1-7 are pending in the application.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
The abstract of the disclosure is objected to because it exceeds the 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claims 1-7 are objected to because of the following informalities:
Claims 1-7 use the phrase “the said” on multiple occasions and should simply read –the--
Claim 1
Ln 4 and ln 6 both contain “.” and should be corrected to --,-- or --;--. Periods are not allowed within claim language except at the end of each claim.
Ln 4, reads “On top of the said housing” and should be corrected to --On a top of the said housing--
Ln 5-6, reads “between the said housing and the said massage head, there are jacking support, jacking part, and jacking bracket from top to bottom” should be corrected to --between the said housing and the said massage head, there is a jacking support, jacking part, and jacking bracket from top to bottom respectively—
Ln 6-7, reads “The said jacking bracket is connected with the top of the said housing” should be corrected to --The said jacking bracket is connected with a top of the said housing—
Ln 8, reads “the said jacking support is connected with the bottom of the said massage head” and should be corrected to --the said jacking support is connected with a bottom of the said massage head—
Ln 9, reads “the end of the said transmission shaft” and should be corrected to --a end of the said transmission shaft—
Ln 10, reads “the said jacking support, the said supporting part, the said supporting bracket” and should read --the said jacking support, the said jacking bracket--
Claim 2
Ln 1, reads “A massager with a retractable massage head as described in Claim 1 is characterized by that the said driving assembly” and should be corrected to --A massager with a retractable massage head as described in Claim 1, wherein the said driving assembly –
Ln 8, reads “when rotating, the said transmission gear drives the said transmission shaft” and should be corrected to --when rotating, the said transmission gear is configured to drive the said transmission shaft--
Ln 9, reads “the said transmission shaft can slide along the axial direction of the output gear in the output gear” and should be corrected to --the said transmission shaft can slide along an axial direction of the output gear in the output gear--
Claim 3
Ln 1, reads “A massager with a retractable massage head as described in Claim 2 is characterized by that the said housing” and should be corrected to --A massager with a retractable massage head as described in Claim 2, wherein the said housing--
Claim 4
Ln 1, reads “A massager with a retractable massage head as described in Claim 3 is characterized by that there is a” and should be corrected to --A massager with a retractable massage head as described in Claim 3, wherein there is a—
Ln 5-6, reads “the other end thereof is butted with the inner wall of the said upper housing” and should be corrected to --the other end thereof is butted with an inner wall of the said upper housing--
Claim 5
Ln 1, reads “A massager with a retractable massage head as described in Claim 1 is characterized by that there is a” and should be corrected to --A massager with a retractable massage head as described in Claim 1, wherein there is a—
Ln 2, reads “horizontally protruding stop block on the side wall of the said jacking bracket” and should be corrected to -- horizontally protruding stop block on a side wall of the said jacking bracket--
Claim 6
Ln 1, reads “A massager with a retractable massage head as described in Claim 5 is characterized by that there is a” and should be corrected to --A massager with a retractable massage head as described in Claim 4, wherein there is a—
Ln 2, reads “there is a vertical limit slot on the side wall of the said jacking support” and should be corrected to -- there is a vertical limit slot on a side wall of the said jacking support—
Ln 2 reads “the said limit slot is fitted with the said stop block” and should be corrected to --the said vertical limit slot is fitted with the said stop block--
Claim 7
Ln 1, reads “A massager with a retractable massage head as described in Claim 5 is characterized by that the said jacking part” and should be corrected to --A massager with a retractable massage head as described in Claim 4, wherein the said jacking part—
Ln 2, reads “there is an inflation inlet on the bottom of the said air bag” and should read --there is an inflation inlet on a bottom of the said air bag--
Appropriate correction is required.
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:
“Driving Assembly” in claim 1.
This phrase utilizes the generic placeholder “mechanism” and is not being modified by sufficient structure for performing the claimed function of “applying vibrations”. The specification, [0006], discloses “driving assembly comprises a motor, a helical gear, a transmission gear, and an output gear; the said motor is provided on one side of the said housing, the said helical gear is provided on one side of the said motor and connected with the output end of the said motor”. Therefore, the corresponding structure of the “driving assembly” is a motor, a helical gear, a transmission gear, and an output gear.
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 1-7 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 claim recites the limitation “A kind of massager” (ln 1) which rends the claim indefinite as it is unclear what specifically a “kind of massager” is and whether the limitations following the phrase are part of the claimed invention. For examination purposes, the claim will be read as a massager or anything capable of giving a massage to a user.
Additionally, claim 1 recites the limitation “the massage head connected with the said driving assembly in a transmission way” (ln 5) which renders the claim indefinite as it is unclear how the massage head is meant to be connected to the drive assembly and the specification lacks any corresponding detail on how to interpret “transmission way” of connection. For examination purposes, the limitation will read as the massage head being connected directly and/or indirectly such that some of or a degree of force can be transmitted from the massage head to the drive assembly.
Additionally, claim 1 recites the limitation “The said jacking bracket is connected with the top of the said housing in a fixed way” (ln 6-7) which renders the claim indefinite as it is unclear how the jacking bracket is meant to be connected to the top of the said housing and the specification lacks any corresponding detail on how to interpret a “fixed way” of connection. For examination purposes, the limitation will read as the jacking bracket being connected directly and/or indirectly such that there is no degree of movement between the jacking bracket and the top of the housing and they remain connected permanently.
Additionally, claim 1 recites the limitation “the bottom of the said massage head is connected with a transmission shaft in a fixed way” (ln 8-9) which renders the claim indefinite as it is unclear how the bottom of said massage head is meant to be connected to a transmission shaft and the specification lacks any corresponding detail on how to interpret a “fixed way” of connection. For examination purposes, the limitation will read as the massage head being connected directly and/or indirectly such that there is no degree of movement between the massage head and a transmission shaft and they remain connected permanently.
Regarding claim 2, the claim recites the limitation “helical gear is provided on one side of the said motor and connected with the output end of the said motor in a transmission way” (ln 3-4) which renders the claim indefinite as it is unclear how the helical gear is meant to be connected to output end of the motor and the specification lacks any corresponding detail on how to interpret a “transmission way” of connection. For examination purposes, the limitation will read as the helical gear being connected directly and/or indirectly such that some of or a degree of force can be transmitted from the helical gear to output end of the motor.
Additionally, claim 2 recited the limitation “the said transmission gear is provided on one side of the said helical gear and connected with the said helical gear in a transmission way” (ln 4- 5) which renders the claim indefinite as it is unclear how the transmission gear is meant to be connected to one side of the helical gear and the specification lacks any corresponding detail on how to interpret a “transmission way” of connection. For examination purposes, the limitation will read as the transmission gear being connected directly and/or indirectly such that some of or a degree of force can be transmitted from the transmission gear to a side of the helical gear.
Additionally, claim 2 recites the limitation “the said output gear is provided on one side of the said transmission gear and connected with the said transmission gear in a transmission way” (ln 6-7) which renders the claim indefinite as it is unclear how the output gear is meant to be connected to one side of the transmission gear and the specification lacks any corresponding detail on how to interpret a “transmission way” of connection. For examination purposes, the limitation will read as the output gear being connected directly and/or indirectly such that some of or a degree of force can be transmitted from the output gear to a side of the transmission gear.
Regarding claim 3, the claim recites the limitation “the said upper housing is connected with the said lower housing in a fixed way” (ln 2-3) which renders the claim indefinite as it is unclear how the upper housing is meant to be connected to the lower housing and the specification lacks any corresponding detail on how to interpret a “fixed way” of connection. For examination purposes, the limitation will read as the upper housing being connected directly and/or indirectly such that there is no degree of movement between the two housing portions and they remain connected permanently.
Any remaining claims are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 1 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites the limitation “the said massage devices are provided on the side of the said massage body adjacent to the human body” in line 2-3, this limitation is directed to or encompassing a human organism which is a non-statutory subject matter. The claim as currently written requires the human body to be a part of the device, therefore the claim encompasses a part of a human organism and is unpatentable. It is suggested that the claim be amended through the use of terminology such as “configured to” or “made to”.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Pan et al (CN 211188142 U)
Regarding claim 1, Pan discloses a kind of massager with a retractable massage head (massage head body 1), comprising a massage body ([0044] and [0046] the massage device is made to attached within a larger massage device (i.e. the neck massager) the device would then be a part of a larger massage body placed within the neck massager) adaptable to the human neck ([0044] details that the massage device is a part of a large massage unit that is made to be used as a neck massager) and at least two massage devices; the said massage devices are provided on the side of the said massage body adjacent to the human body (as the massage head is made to be used within an existing neck messaging device [0044] and placed upon the back of the neck, it is therefore adjacent to the human body) and characterized by that each said massage device comprises a housing (housing 40, FIG 1), in which there is a driving assembly (transmission mechanism 30). On top of the said housing, there is the massage head connected with the said driving assembly in a transmission way (See FIG 3 and 5); between the said housing and the said massage head, there are jacking support (magnetic piece 50, FIG 1), jacking part (magnetic control 60, FIG 1), and jacking bracket (mounting position 404, FIG 1) from top to bottom (all components are located on top of the upper housing 401 and bellow the massage main body 1 and therefore they are between the housing and the massage head, See FIG 1). The said jacking bracket is connected with the top of the said housing in a fixed way (See FIG 1), the said jacking part is located on the said jacking bracket (See FIG 1, the magnetic control 60 fits into place on the mounting position 404), the said jacking support is connected with the bottom of the said massage head (See FIG 1, the magnetic connector is attached to the underside of the massage head), the bottom of the said massage head is connected with a transmission shaft (main shaft 2 and rotating member 5, See FIG 1) in a fixed way, the end of the said transmission shaft away from the said massage head passes through the said jacking support (See FIG 1, the main shaft 2 goes through the mounting position 404 and connects with the magnetic control 60), the said supporting part, the said supporting bracket, and the top of the said housing and is connected with the said driving assembly, and there is a reset spring (elastic piece 13) at the end of the said transmission shaft (the spring 13 is on one end of the main shaft 2 is therefore on a end of the transmission shaft) connected with the said driving assembly (transmission mechanism 30).
Regarding claim 2, Pan discloses the device of claim 1, the said driving assembly (transmission mechanism, See FIG 1) comprises a motor (driving device 20), a helical gear (worm 301), a transmission gear (second gear 302) and an output gear (first gear 41); the said motor is provided on one side of the said house (See FIG 1, motor 20 is placed on one side of the housing unit) the said helical gear is provided on one side of the said motor and connected with the output end of the said motor in a transmission way (See FIG 1-3), the said transmission gear is provided on one side of the said helical gear (See FIG 1-3) and connected with the said helical gear in a transmission way (See FIG 1-3), the said output gear is provided on one side of the said transmission gear and connected with the said transmission gear in a transmission way (See FIG 1-3), the end of the said transmission shaft passing through the top of the said housing is located in the said transmission gear (See FIG 1, the main shaft 2 goes through the rest spring 13 and the mounting position 404, and therefore through the opening of the upper housing); when rotating, the said transmission gear drives the said transmission shaft to rotate (the motor causes the gears to turn and while doing so, causes the main shaft 2 and the rotating shaft 5 to spin) and the said transmission shaft can slide along the axial direction of the output gear in the output gear (See FIG 1).
Regarding claim 3, Pan discloses the device of claim 1, the said housing comprises an upper housing (first housing 401, See FIG 1) and a lower housing (Second housing 402, See FIG 1), the said upper housing is connected with the said lower housing in a fixed way (See FIG 2, both housings are attached and flush as to contain the internal mechanisms safe from damage), the said driving assembly is provided in the said lower housing (See FIG 1-2, drive assembly is fully contained within both the upper and lower housings), there is a concave hole (concave hole, See Annotated FIG 1) on the said lower housing used for placement of the said output gear, and there is a plurality of vent holes (See annotated FIG 1) on the said lower housing corresponding to the said motor.
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Annotated FIG. 1 (Pan’s Fig 1)
Allowable Subject Matter
Claims 4-7 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:
A transmission shaft having a fixed block upon which an output gear is fitted allowing the transmission shaft to rotate with the output gear along an axial direction, with a reset spring butted to the fixed block and the inner wall of the upper housing.
A horizontally protruding stop block along the side wall of the jacking bracket.
A vertical limiting slot that is fitted to the jacking support and the stop block being fitted to be within the limiting slot of the jacking support
The jacking part being a circular airbag with an inflation inlet at the bottom of the airbag
The prior art alone or in combination with fails to disclose or make obvious a massage apparatus comprising a fixed block at the end of a transmission shaft, a horizontally protruding stop block along the jacking bracket, a stop block fitted to sit within a vertical limiting slot, and a jacking part being a circular airbag with an inflation inlet.
The closest prior art is Pan et al., which discloses an apparatus as detailed in the rejected claims 1-3 above. However, Pan does not disclose or make obvious the use of a fixed block at the end of a transmission shaft, a horizontally protruding stop block along the jacking bracket, a stop block fitted to sit within a vertical limiting slot, and a jacking part being a circular airbag with an inflation inlet. Furthermore, it would not have been obvious to modify the device of Pan to include a have a fixed block at the end of a transmission shaft, a horizontally protruding stop block along the jacking bracket, a stop block fitted to sit within a vertical limiting slot, and a jacking part being a circular airbag with an inflation inlet 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, Huang (CN 209662189 U) discloses an eye mask massage device that contains an airbag to push the massage head up and down upon the eye to create a massaging effect. However, Huang does not disclose or make obvious the use of an upper and lower housing unit to encompasses the airbag and the transmission mechanisms; they also fail to disclose a stop block, fixed block, and limiting slot for restraining the up and down motions of the airbag. Furthermore, it would not have been obvious to modify Huang to contain a stop block, fixed block, and limiting slot for restraining the up and down motions of the airbag 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.
Son et al. (US 20220040034 A1) teaches of a massage device that utilizes a massage head that is configured to both rotate and provide a vertical motion that can be placed within a chair or seat as to give the user a massage. This device uses a cam profile and sliding members as to cause the massage head to give an up and down motion along with an attached motor to give the massage head a rotating movement.
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
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