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 are objected to as failing to comply with 37 CFR 1.84(p)(5) because Figs, 1-41 and 43-76 do not include the reference signs for the structures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. It is noted to also add reference numbers used in the drawings to their corresponding structure in the specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: Fig. 42 includes the reference characters 400, 410, 431a, 431b, 431c 432, 434, 435a, 435b, 436, 437a, 437b, 437c, 438, 439a, 439b, 440, 441, 442, etc. It is noted that the specification appears to use reference numerals in the 100s instead of numerals in the 400s. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim 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.
Claims 12, 13 and 16-18 are 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).
Regarding claim 12, the claim recites “wherein a user laying on the first massage tool and the second massage tool while the first massage tool and second massage tool are on the substantially rigid surface is configured to create the tension in the linkage”. The limitation is, therefore, directed towards claiming a user being able to create the tension and as such is rejected under 35 U.S.C. 101. It is recommended to amend the limitation in such a way that the first massage tool and second massage tool are configured to create the tension rather than the user.
Claim 13 is also rejected due to being dependent off of claim 12.
Regarding claim 13, the claim recites “wherein a user laying on the first massage tool and second massage tool while the first massage tool and second massage tool are on the substantially rigid surface is configured to cause the first massage location and the second massage location to move toward each other while the linkage is in tension”. The limitation is, therefore, directed towards claiming a user causing the first and second massage location moving toward each other and as such is rejected under 35 U.S.C. 101. It is recommended to amend the limitation in such a way that the first massage location and second massage location are configured to move towards each other based on the applied force rather than the user being configured to cause the first massage location and second massage location to move toward each other.
Claims 16-18 are also rejected due to being dependent off of claim 13.
Claim 10 which recites “wherein the first massage tool is configured to enable the first input force to be applied by a first hand; and wherein the second massage tool is configured to enable the second input force to be applied by a second hand” is not rejected under 101 as it is claiming the first massage tool and second massage tool being configured to do said limitations rather than the user as stated in claims 12 and 13.
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.
(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.
Claims 1-10 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osada (JP 3129416) and its translation (Google Patent Translation Osada).
Regarding claim 1, Osada discloses
a system (figs.1-6; acupressure device for applying pressure; [0007]) comprising:
a first massage tool (fig. 1; first acupressure rod 1 (left); [0007]-[0009]),
a second object (fig. 1; second acupressure rod 1 (right); [0007]-[0009]) , and
a linkage (fig. 1; flexible connecting portion 2 (is a metal leaf spring); [0007]-[0009]);
wherein the first massage tool includes a first linkage coupling (fig. 1; spherical screw 7 of the first acupressure rod 1 (left); [0007]-[0009], [0017]);
wherein the second object includes a second linkage coupling (fig. 1; spherical screw 7 of the second acupressure rod 1 (right); [0007]-[0009], [0017]); and
wherein the first massage tool is configured to be connected to the second object by connecting a first linkage end to the first linkage coupling and a second linkage end to the second object (fig. 1; each of the acupressure rods 1 include bases 4 which at the end attach to the flexible connection portion 2 through spherical screws 7; [0007]-[0009], [0017]).
Regarding claim 2, Osada further discloses
the system (acupressure device) of claim 1,
wherein the first massage tool (fig. 1; first acupressure rod 1 (left); [0007]-[0009]) further includes:
a first force input location (fig. 1; balance weight portion 5 of the first acupressure rod 1 (left); [0015]-[0016], [0029]),
a first rotation point (see modified fig. 1 below; flexible connection portion 2 is a leaf spring which at the first corner provides a pivoting point; [0008], [0017], [0029], and
a first massage location (fig. 1; acupressure sphere 3 of first acupressure rod 1 (left); [0008]-[0009] and [0019]);
wherein a first input force applied to the first force input location is configured to apply tension to the linkage when the first massage location is supported by a first surface and the second linkage end is connected to the second object (figs. 3-4; the first balance weight portion 5 (left) is under the force of gravity to create a force of tension to the flexible coupling portion which is balanced by the second balance weight portion 5 (right) when the acupressure spheres 3 rests on a side of a person’s nose, [0015], [0029]);
wherein the tension is configured to resist motion of the first rotation point in at least one direction (seem fig. 3 and modified fig. 1; it is inherent that the leaf spring (flexible connection portion 2) is providing a tension force that resists motion such that the device can revert back to normal (starting form), including respective movements between the first corner and the fulcrum caused by the balance weight portions 5; [0015] and [0029]); and
where the first force input location and the first massage location are configured to move relative to the first rotation point while the tension is applied to the linkage (see figs. 1 and 5; the angle of the first balance weight portion 5 and acupressure sphere 3 of the first acupressure rod 1 (left) is adjustable with respect to the first corner of the flexible coupling portion 2 under the gravitational force on the first balance weigh portion 5; [0015]-[0016], [0029]).
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Regarding claim 3, Osada further discloses
the system (acupressure device) of claim 2,
wherein the first input force applied to the first force input location is configured to apply a parallel force to the first massage location (see modified fig. 1 above in claim 2; the force of gravity applies a parallel downward force to the first acupressure sphere 3, see Fg and Fy of modified fig. 1).
Regarding claim 4, Osada further discloses
the system (acupressure device) of claim 3,
wherein the first input force applied to the first force input location is configured to apply a non-parallel force to the first massage location (see modified fig. 1 above in claim 2 and figs 3-5; the first balance weight portion 5 and first acupressure sphere 3 are connected by a base 4 and share a first rotational point/pivot point at the first corner of the flexible connection portion 2 such that the gravitational force on the balanced weight part 5 contributes to a net tangential force going on the acupressure sphere 3 which is being pushed down and inwards (non-parallel) when placed on the user’s nose; [0015], [0019], [0021]).
Regarding claim 5, Osada further discloses
the system (acupressure device) of claim 2,
wherein the first force input location is separated from the first rotation point by a first input distance (see modified fig. 1(a) below; the first balance weight portion 5 is a distance from the first corner (first rotation point) of the leaf spring (flexible connection portion 2), designated as d1 in modified fig. 1(a); [0015]);
wherein the first massage location is separated from the first rotation point by a first massage distance (see modified fig. 1(a) below; the first acupressure sphere 3 is a distance from the first corner (first rotation point) of the leaf spring (flexible connection portion 2), designated as d2 in modified fig. 1(a)); and
wherein the first input distance is greater than the first massage distance (see modified fig. 1(a) below; the distance between the first balance weight portion 5 and first rotation point of the leaf spring 2 (d1) is greater than the distance between the first acupressure sphere 3 and the first rotation point of the leaf spring 2 (d2)).
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Regarding claim 6, Osada further discloses
the system (acupressure device) of claim 2,
wherein the first force input location is located at a first input angle relative to the linkage when the linkage is in tension (see modified fig. 1(d) below; the balance weight portion 5is provided at an angle between 180 and 270 degrees relative to the flexible connecting portion 2);
wherein the first massage location is located at a first massage angle relative to the linkage when the linkage is in tension (see modified fig. 1(d) below; the acupressure sphere 3 is provided at an angle greater than 270 degrees relative to the flexible connecting portion 2); and wherein the first input angle and the first massage angle are different angles (see figs. 1 and 3; the angle between the first balance weight portion 5 and the flexible connection portion 2 is different than the angle between the acupressure sphere 3 and the flexible connection portion 2; as the weight 5 and sphere 3 are connected by base 4 they would also be different under tension).
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Regarding claim 7, Osada further discloses
the system (acupressure device) of claim 2,
wherein the first input force applied along a y-axis to the first force input location is configured to cause a relative y-axis and x-axis force at the first massage location while the linkage is in tension (see modified fig. 1 below and figs. 3-5; the gravitational force in the vertical direction on the first balance weight portion 5 produces a force on the acupressure sphere 3 that has both horizontal and vertical components as a result of the interaction between the first acupressure sphere 3 and flexible connecting portion 2 on a user’s nose; [0015], [0029]).
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Regarding claim 8, Osada further discloses
the system (acupressure device) of claim 2,
wherein lines extending from the first force input location, the first massage location, and the first rotation point create a triangular shape (see modified fig. 1(b) below and figs. 3-5; the of the 1st rotation point, end of balance weight portion 5, and acupressure sphere 3 can be represented as vertices which create a triangle)
wherein a distance between the first force input location and the first massage location define a hypotenuse of the triangular shape (see modified fig. 1(b) below and figs. 3-5; the triangle is approximately a right triangle with the longest leg being between the first balance weight portion 5 and the first acupressure sphere 3); and
wherein applying the first input force is configured apply a resulting output force at the first massage location in a same direction as the hypotenuse while the linkage is in tension (see modified fig. 1(b) below and figs. 3-5; the gravitation force on the first balance weight portion 5 contributes to the vertical and horizontal forces produced on the first acupressure sphere which results in a total output force (designated as Ft in the drawing below) that would provide force to the user’s nose along approximately the same direction as the hypotenuse).
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Regarding claim 9, Osada further discloses
the system (acupressure device) of claim 1,
wherein the first massage tool (fig. 1; first acupressure rod 1 (left); [0007]-[0009]) further includes:
a first force input location (fig. 1; balance weight portion 5 of the first acupressure rod 1 (left); [0015]-[0016], [0029]),
a first rotation point (see modified fig. 1(c) below; flexible connection portion 2 is a leaf spring which at the first corner provides a pivoting point; [0008], [0017], [0029]), and
a first massage location (figs. 1-2; acupressure sphere 3 of first acupressure rod 1 (left); [0008]-[0009] and [0019]);
wherein the second object includes a second massage tool (fig. 1; second acupressure rod 1 (right); [0007]-[0009]),
wherein the second massage tool (fig. 1; second acupressure rod 1 (right); [0007]-[0009]) includes:
a second force input location (fig. 1; balance weight portion 5 of the second acupressure rod 1 (right); [0015]-[0016], [0029]),
a second rotation point (see modified fig. 1(c) below; flexible connection portion 2 is a leaf spring which at the second corner provides a pivoting point; [0008], [0017], [0029]), and
a second massage location (figs. 1-2; acupressure sphere 3 of second acupressure rod 1 (right); [0008]-[0009] and [0019]);
wherein a first input force applied to the first force input location and a second input force applied to the second force input location (figs. 3-4; balance weight portions 5 (left) is under the force of gravity to create a force of tension to the flexible coupling portion which is balanced by the second balance weight portion 5 (right) when the acupressure spheres 3 rests on a side of a person’s nose, [0015], [0029]) is configured to apply tension to the linkage when the first massage location is supported by a first surface and the second massage location is supported by a second surface (fig. 5; the first and second acupressure spheres 3 can be placed on the right and left sides of persons nose (each side of the user’s nose is a surface) and); a force on each of the two balance weight portions 5 results in tension in the leaf spring (flexible connection portion 2); [0015], [0033]) .
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Regarding claim 10, Osada further discloses
the system (acupressure device) of claim 9,
wherein the first massage tool is configured to enable the first input force to be applied by a first hand; and wherein the second massage tool is configured to enable the second input force to be applied by a second hand (this limitation is regarded as intended use and therefore not given any patentable weight; regardless, the prior art of Osada would be fully capable of performing the intended use as each of the rods 1 could be held by two hands of the user to help contribute to the force being applied to the user; a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to distinguish the claimed invention from the prior art).
Regarding claim 15, Osada further discloses
the system (acupressure device) of claim 10,
wherein the first force input location includes a handle (see figs. 1-2; balance weight portion 5 and base 4 is shaped like a grip/handle); and
wherein the first massage location includes a massage tip (figs. 1-2; acupressure sphere 3 of first acupressure rod 1 (left); [0008]-[0009] and [0019]).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 11-13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Osada (JP 3129416) and its translation (Google Patent Translation Osada).
Regarding claim 11, Osada further discloses
the system (acupressure device) of claim 9,
wherein the first massage tool is configured to enable the first input force to be applied by a substantially rigid surface; and wherein the second massage tool is configured to enable the second input force to be applied by the substantially rigid surface (this limitation is regarded as intended use and therefore not given any patentable weight; regardless, the prior art of Osada would be fully capable of performing the intended use as the rods 1 can be placed on a pillow or the like as shown in Fig. 6 such that force is provided to the user by the weight of the user’s head [0024]; a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to distinguish the claimed invention from the prior art).
While Osada does not explicitly disclose the surface being a rigid one, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that or the like would include substantially rigid surfaces in cases where harder pressure is needed to stimulate the acupressure point according to the user’s pressure [0024].
Regarding claim 12, Osada further discloses
the system (acupressure device) of claim 11,
wherein a user laying on the first massage tool and the second massage tool while the first massage tool and second massage tool are on the substantially rigid surface is configured to create the tension in the linkage (this limitation is regarded as intended use and therefore not given any patentable weight; regardless, the prior art of Osada would be fully capable of performing the intended use as the rods 1 can be placed on be placed between a user and a surface and the forces provided by the surface and the user could produce a tension in the linkage 2 in a position similar to the one shown in Fig. 6 which is placed on a pillow or the like [0024]; a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to distinguish the claimed invention from the prior art).
Regarding claim 13, Osada further discloses
the system (acupressure device) of claim 12,
wherein a user laying on the first massage tool and second massage tool while the first massage tool and second massage tool are on the substantially rigid surface is configured to cause the first massage location and the second massage location to move toward each other while the linkage is in tension (this limitation is regarded as intended use and therefore not given any patentable weight; regardless, the prior art of Osada would be fully capable of performing the intended use as the rods 1 can be placed on be placed between a user and a surface and the forces provided by the surface and the user could produce a tension in the linkage 2 such that the acupressure spheres move closer together (both spheres move inwards during pressure towards the users ears which causes tension of leaf spring) in a position similar to the one shown in figs. 3-5 or fig. 6 which is placed on a pillow or the like [0024]; a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to distinguish the claimed invention from the prior art).
Regarding claim 17, Osada further discloses
the system (acupressure device) of claim 13,
wherein the first force input location includes a rigid curved surface (see figs. 1-2; metal rod-shaped balance weight portion 5 is cylindrical, in other words has a curved surface; [0033]); and
wherein the first massage location includes a rigid massage tip (figs. 1-2; metal acupressure sphere 3 of first acupressure rod 1 (left); [0008]-[0009], [0019], [0031]).
Claims 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Osada (JP 3129416) and its translation (Google Patent Translation Osada) in view of Yoon (US 10675215).
Regarding claim 14, Osada discloses
the system (acupressure device) of claim 1,
Osada does not disclose wherein a length of the linkage is adjustable.
Yoon discloses an adjustable therapy device with multiple pressure members
wherein a length of the linkage is adjustable (figs. 6a-6c; horizontal distance 608 in the base 604 between the first pressure member 602 and the second pressure member 606 may be adjusted though adjusting the location of the nuts 612 and bolt heads 614; col. 11, lines 51-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible connecting portion, screws, and base of Osada to further be able to adjust the distance as taught in Yoon such that each ends of the flexible connecting portion may be placed further along the horizontal of the rods base of Osada. Therefore, allowing the position of one or more pressure members of a therapy device which make contact with one or more areas of the body such as the head (or face as disclosed in Osada) to be adjusted finely, readily, and independently with respect to their distance to a support base and/or with respect to other pressure members (Yoon: abstract) which would further allow the acupressure device to conform to different faces.
Regarding claim 18, Osada discloses
the system (acupressure device) of claim 13,
Osada does not disclose further comprising a rack assembly comprising a first rack and a second rack; wherein a plurality of first massage tools are coupled to the first rack; and wherein a plurality of second massage tools are coupled to the second rack.
Yoon discloses an adjustable therapy device with multiple pressure members (abstract, fogs. 6a and 6b) where it further comprises
a rack assembly comprising a first rack and a second rack (figs. 15a-15g; includes two long longitudinal bases 1502 and 1504 (shown vertically), col. 15, lines 6-8, which have a plurality of percussion members);
wherein a plurality of first massage tools are coupled to the first rack (FIG. 15B shows one configuration where all the pressure members are aligned along each of the longitudinal bases; see fig. 15b where longitudinal base 1502 comprises a plurality of percussion members; col. 15, lines 6-8 and 20-22); and
wherein a plurality of second massage tools are coupled to the second rack (FIG. 15B shows one configuration where all the pressure members are aligned along each of the longitudinal bases; see fig. 15b where longitudinal base 1504 comprises a plurality of percussion members; col. 15, lines 6-8 and 20-22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the acupressure device of Osada to further include a rack assembly comprising two longitudinal bases as taught in Yoon such that when a user lays a top of the device (such as in Fig. 6 of Osada), it would be helpful to provide adjustable treatment to multiple pressure points along the body in a configuration that allows for the pressure members to be distributed along the longitudinal axis with a spacing desired by the user (Yoon: col. 1, lines 38-61; col. 15, lines 6-8 and 20-24; col. 16, lines 57-67, col. 17, lines 1-3).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Osada (JP 3129416) and its translation (Google Patent Translation Osada) in view of Spratt (US 5730708).
Regarding claim 16, Osada discloses
the system (acupressure device) of claim 13,
wherein the first force input location includes a curved surface (see figs. 1-2; metal rod-shaped balance weight portion 5 is cylindrical, in other words has a curved surface; [0033])
wherein the first massage location includes a rigid massage tip (figs. 1-2; metal acupressure sphere 3 of first acupressure rod 1 (left); [0008]-[0009], [0019], [0031]).
Osada does not disclose wherein the first force input location includes a deformable curved surface.
Spratt discloses an analogous massager for the human body with
wherein the first force input location includes a deformable curved surface (figs. 1 and 7a-7e; the massager comprises handle bars 20 with hand grips 24 which are made of the same cushion material as the bumper pad 16; col. 3, lines 27-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the balance weight portion and base of the acupressure rods of Osada with the cushion material of the handgrips of Spratt as the material can prevent the massager from slipping on a stationary surface (such as in fig. 6 of Osada where the rods are placed on surface for the user to lay on) while protecting said surface during use (Spratt: col. 3, lines 27-37 and claim 3) as well as protecting the user from injuring themselves on the weight parts 5 of Osada such as if they were to lay on the metal weigh portion 5 for a long period of time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Curley (US 20220160578) – A massage gun attachment and method with a first massage head that has an attachment (linkage) that is connected to an accessory/rest cushion that helps hold the device in place or it can also be additional rollers for facilitating the massage motion).
Heller (US 20220087892) -A soft tissue mobilization device with a slide bar between the two clamps which provide a compression against a targeted tissue at the end.
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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