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 .
Priority
Acknowledgement is made to Applicant's claim to priority to CN202310480012.8 filed 04/28/2023.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (CN 112741763 A, machine translation accessed September 14, 2026 relied upon herein), hereafter Zhou, in view of Chen et al. (CN 213157522 U, machine translation accessed September 14, 2026 relied upon herein), hereafter Chen.
Regarding claim 1, Zhou discloses a massage manipulator (par. n0004), comprising a mounting frame (frame 1; Fig. 2-3, 6) having a massage assembly; the massage assembly comprising an upper swing arm (upper swing arm 21; Fig. 1-3), an upper massage member provided on the upper swing arm (upper massage element 22 provided on upper swing arm 21, an upper kneading shaft rotatably provided on the mounting frame (upper kneading shaft 41 rotatably mounted on frame 1; Fig. 1-3), an upper kneading motor driving the upper kneading shaft to rotate (upper kneading motor 42 drives upper kneading shaft 41 to rotate; Fig. 3, par. n0028, a lower swing arm (lower swing arm 31; Fig. 2-3), a lower massage member (lower massage element 32; Fig. 1-3), a lower kneading shaft rotatably provided on the mounting frame (lower kneading shaft 51 rotatably mounted on frame 1; Fig. 1-3, par. n0028), and a lower kneading motor driving the lower kneading shaft to rotate (lower kneading motor 52; Fig. 3, par. n0028); the upper kneading shaft being arranged through the upper swing arm (upper swing arm 21 is sleeved on upper kneading shaft 41; Fig. 1, 3, par. n0028) and having an upper eccentric structure driving the upper swing arm to swing (upper eccentric sleeves 43 corresponding to upper swing arms 21; Fig. 3, par. n0030); the upper kneading shaft rotating to drive the upper swing arm to swing by the upper eccentric structure to effect kneading massage by the upper massage member (upper kneading shaft drives upper eccentric sleeve to drive upper swing arm; par. n0010); the lower kneading shaft being arranged through the lower swing arm (lower swing arm 31 is sleeved on lower kneading shaft 51; Fig. 1, 3, par. n0028) and having a lower eccentric structure driving the lower swing arm to swing (lower eccentric sleeves 53 corresponding to lower swing arms 31; Fig. 3, par. n0031); the lower kneading shaft rotating to drive the lower swing arm to swing by the lower eccentric structure to effect kneading massage by the lower massage member (lower kneading shaft drives lower eccentric sleeve to drive lower swing arm; par. n0012);
Zhou does not disclose wherein the self-balancing massage manipulator further comprises a skeleton for the mounting frame to be rotatably hinged and a self-balancing buffer structure which is self-adaptive when the mounting frame swings; the skeleton being provided with an assembly space, and the mounting frame being rotatably arranged in the assembly space; the self-balancing buffer structure comprising a pull rod provided on a side edge of the mounting frame and an elastic member with one end pulled on the pull rod; the skeleton being provided with a movable hole for the pull rod to penetrate through and move, the elastic member being located outside the skeleton, and the other end of the elastic member being pulled on the skeleton; and when the upper massage member being stressed, the mounting frame rotating, and the pull rod cooperating with the elastic member to form buffer and self-balance, and when the upper massage member being unstressed, the elastic member pulling the pull rod to reset the mounting frame.
Chen teaches a self-balancing massage manipulator (par. n0001) comprising a skeleton (base 2; Fig. 1-5) for the mounting frame (massage core 1; Fig. 1-5) to be rotatably hinged (massage core 1 is hinged to base 2 via rod 4; Fig. 1-5, par. n0026) and a self-balancing buffer structure which is self-adaptive when the mounting frame swings (balance spring 6 maintains initial state when massage core rotates; Fig. 2-5, par. n0004, n00026); the skeleton being provided with an assembly space (central space of base 2; Fig. 1-5), and the mounting frame being rotatably arranged in the assembly space (massage core 1 is rotatably arranged in the central space of the base 2; Fig. 1-5); the self-balancing buffer structure comprising a pull rod provided on a side edge of the mounting frame (attachment point of balance spring 6 to massage core 1 could be considered a pull rod; Fig. 2-5); and an elastic member with one end pulled on the pull rod (balance spring 6 attached to massage core 1 at attachment point; Fig. 2-5); the skeleton being provided with a movable hole for the pull rod to penetrate through and move (open space in the base 2 allows for movement of the balance spring 6 at the attachment point with massage core 1; Fig. 2-5), the elastic member being located outside the skeleton (balance spring 6 is located outside base 2; Fig. 2-5), and the other end of the elastic member being pulled on the skeleton (one end of balance spring 6 is attached to base 2; Fig. 2-6, par. n0007, n0010, n0026, n0028); and when the upper massage member being stressed, the mounting frame rotating, and the pull rod cooperating with the elastic member to form buffer and self-balance (when upper massage member of massage core 1 is stressed, the massage core rotates and pulls the balance spring; Fig. 2-5), and when the upper massage member being unstressed, the elastic member pulling the pull rod to reset the mounting frame (balance spring 6 maintains the initial state, par. n0026; this can be understood to mean that when the upper massage member is no longer stressed, the balance spring pulls the massage core 1 back into an initial position) for the purpose of adaptively conforming to the surface of the human body (par. n0001).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Zhou with the self-balancing buffer structure as taught by Chen for the purpose of adaptively conforming to the surface of the human body (Chen par. n0001).
Regarding claim 2, the modified Zhou discloses the self-balancing massage manipulator according to claim 1 (shown above), wherein the elastic member is a tension spring (balance spring 6); the skeleton is provided with a tension spring column (attachment point of balance spring 6 to base 2 can be considered a tension spring column; Chen Fig. 2-5), and one end of the tension spring cooperating with the skeleton is pulled on the tension spring column (balance spring 6 attached to base 2 at tension spring column; Chen Fig. 2-5); the mounting frame is provided with a hinging portion (hinged point of attachment between massage core 1 and base 2; Chen Fig. 1-5); the hinging portion is hingedly arranged on the skeleton by a hinge shaft (hinge shaft 3 attaches massage core 1 to base 2; Chen Fig. 1-5, par. n0026); and the hinging portion, the pull rod and the tension spring column form an included angle α (an angle is formed by the hinged point of attachment between massage core and base and the attachment points of the two ends of the balance spring 6; Chen Fig. 1-5).
The modified Zhou does not explicitly disclose the included angle α is 30-65 degrees.
However, it would have been obvious as a matter of routine optimization to find the optimal angles for adapting the massage core to the human body.
Claim(s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Chen as applied to claim 1 above, and further in view of Kan et al. (US 20030120187 A1), hereafter Kan, in view of Kume et al. (US 20020138023 A1), hereafter Kume.
Regarding claim 3, the modified Zhou discloses the self-balancing massage manipulator according to claim 1 (shown above).
The modified Zhou does not disclose wherein the skeleton is provided with a limiting member for limiting a swinging angle thereof on a swinging track corresponding to the mounting frame.
Kan teaches a massage assembly provided with a limiting member for limiting a swinging angle (Fig. 3-4, par. 0027-0030) for the purpose of limiting the range of rotation (par. 0027-0030).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Zhou with limiting members as taught by Kan for the purpose of limiting the range of rotation (Kan par. 0027-0030).
The modified Zhou does not explicitly disclose the limiting member is made of an elastic material.
Kume teaches a stopper made out of elastic material (par. 0054).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Zhou to have an elastic stopper as taught by Kume. One of ordinary skill in the art would have recognized that an elastic stopper could prevent hard contact that can wear down components.
Regarding claim 4, the modified Zhou discloses the self-balancing massage manipulator according to claim 3 (shown above), wherein the limiting member comprises a reverse limiting member limiting a counterclockwise rotation angle of the mounting frame and a forward limiting member limiting a clockwise rotation angle of the mounting frame (stoppers 43 and 43a limit rotation in counterclockwise and clockwise directions; Kan Fig. 4).
Regarding claim 5, the modified Zhou discloses the self-balancing massage manipulator according to claim 4 (shown above), wherein the upper swing arms are oppositely arranged in two groups (upper swing arms 21 are oppositely arranged in two group; Zhou Fig. 1-4), and the self-balancing massage manipulator further comprises a knocking shaft rotatably provided on the mounting frame (striking shaft 61 rotatably mounted on frame 1; Zhou Fig. 6, par. n0029) and a knocking motor driving the knocking shaft to rotate (striking motor 62 drives striking shaft 61 to rotate; Zhou par. n0029), the knocking shaft is provided with an eccentric portion (eccentric part 611; Zhou par. n0029), the eccentric portion is hingedly provided with a connecting rod (eccentric part 611 connected to upper connecting rod 64; Zhou Fig. 6, par. n0029), and one end of the connecting rod away from the eccentric portion linkedly cooperates with the upper swing arm by a universal joint to rotate the knocking shaft to drive the upper swing arm to knock (upper connecting rod 64 connected to upper swing arm 21 by ball joint which rotates striking shaft 61 to drives upper swing arm 21 to strike; Zhou par. n0029).
Regarding claim 6, the modified Zhou discloses the self-balancing massage manipulator according to claim 4 (shown above), further comprising a stand (mounting frame 10; Zhou Fig. 1-2, 9), and a walking shaft provided along a width direction of the stand (driving traveling shaft 81; Zhou Fig. 9, par. n0035), wherein the skeleton is rotatably arranged on the stand by the walking shaft (frame 1 is rotatably arranged on mounting frame 10 nearby the traveling shaft 81; Fig. 1), and the stand is further provided with a push-out shaft (push-out shaft 71; Zhou Fig. 8) provided parallel to the walking shaft and a push-out motor driving the push-out shaft to rotate (push-out motor 73 drives push-out shaft 71 to rotate; Zhou Fig. 8, par. n0015, n0032); and further comprising a rack provided along a rotation track of the skeleton (rack 72 mounted along the rotation trajectory of frame 1; Zhou Fig. 6, par. n0032), wherein the push-out shaft is provided with a gear meshing with the rack (gear 74; Zhou Fig. 2, par. n0032), and the gear rotates synchronously with the push-out shaft (gear 74 is fixedly mounted on shaft 71; Zhou Fig. 8, par. n0032).
Regarding claim 7, the modified Zhou discloses the self-balancing massage manipulator according to claim 6 (shown above), wherein the lower swing arms are oppositely arranged in two groups (lower swing arm 31 arranged oppositely in two groups; Fig. 1-3).
Regarding claim 8, the modified Zhou discloses the self-balancing massage manipulator according to claim 7 (shown above), wherein the skeleton (base 2; Chen Fig. 1-5) comprises two skeleton support sheet bodies (two sides of the base 2; Fig. 1-5) and a skeleton connecting sheet body which connects the two skeleton support sheet bodies into one body (two sides of base 2 are connected by a sheet underneath; Fig. 1-5), and the two skeleton support sheet bodies are provided with a hinge shaft in a penetrating manner (hinge shaft 3; Fig. 1-2, 3-5); the mounting frame comprises two mounting frame support sheet bodies (two sides of the massage core 1; Fig. 1-5) and a mounting frame connecting sheet body which connects the two mounting frame support sheet bodies into one body (two sides of the massage core 1 connected by a sheet in between; Fig. 1-5); the two mounting frame support sheet bodies are located between the two skeleton support sheet bodies (massage core 1 is located between the base 2; Fig. 1-5), and each of the two mounting frame support sheet bodies is hinged with a corresponding skeleton support sheet body by the hinge shaft (hinge shaft 3 connects massage core 1 to base 2; Fig. 1-5); the self-balancing buffer structures are arranged in two groups (two sets of balance spring 6 with attachment point on massage core 1; Fig. 5); and the pull rod is arranged on a corresponding mounting frame support sheet body (attachment point of balance spring 6 to massage core 1 at two sides of the massage core; Fig. 1-5), the elastic member is arranged outside a corresponding skeleton support sheet body (balance springs 6 are located outside of base 2; Fig. 2-5), and the movable hole is arranged on a corresponding skeleton support sheet body (open space in the base allows for movement of balance springs 6 at the attachment point with the massage core 1; Fig. 2-5).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou, in view of Chen, in view of Kan, in view of Kume as applied to claim 7 above, and further in view of Cockerill et al. (WO 2013061096 A1), hereafter Cockerill.
Regarding claim 9, the modified Zhou discloses the self-balancing massage manipulator according to claim 7 (shown above).
The modified Zhou does not explicitly disclose wherein the reverse limiting member and the forward limiting member are both provided with a snap-in groove, and the reverse limiting member and the forward limiting member are both arranged through the skeleton, and are snapped to the skeleton by the snap-in grooves.
Cockerill teaches a massage instrument using a snap-in connection for the purpose of enabling simple mechanized assembly of the parts (pg. 19 ln 1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Zhou to use a snap-in connection as taught by Cockerill for the purpose of enabling simple mechanized assembly of the parts (Cockerill pg. 19 ln 1-3).
Regarding claim 10, the modified Zhou discloses the self-balancing massage manipulator according to claim 9 (shown above), wherein the stand is further provided with a walking motor driving the walking shaft to rotate, and the walking shaft is sheathed with a walking wheel (par. n0022).
Conclusion
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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