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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 7/04/2022. It is noted, however, that applicant has not filed a certified copy of the CN 202220720298.X application as required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “an armrest (10) including two accommodation cavities (101) configured to receive two arms of a user” (claim 1, lines 1-2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It is noted that fig. 1 shows an arm rest 10 comprising only one accommodation cavity 101, see paragraph 0012 of the instant specification filed on 5/1/2024. Paragraph 0012 discloses two massagers are mounted on two sides of the massage chair and two accommodation cavities 101 configured to receive two arms of a user, however, only one cavity 101 is shown in the drawings.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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: the limitation “a defining element (761)” (claim 7, line 8, the term “element” is a generic placeholder and the function is “defining”).
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“defining element”: defining element 761 is a plane or triangular rib, see paragraph 0019 of the specification.
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 1-10 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the limitation “two arms” (line 2) is unclear if the two arms are the same as or different from “limbs” being claimed in claim 1, line 1.
Regarding claim 1, the limitation “a respective one rotation disc” (line 10) is unclear if the respective one rotation disc is the same as or different from “at least one rotation disc” being claimed in claim 1, line 7. Furthermore, it is unclear if the applicant is trying to claim at least one rotation disc or a plurality of rotation disc via the usage of the term “respective”. For examination purposes, the limitation is being interpreted as --the at least one rotation disc--.
Regarding claim 2, the limitation “so as to produce the driver (30) independently” (line 3) is unclear and confusing as to what the applicant is trying to claim, specifically, independent to what.
Regarding claim 4, the limitation “multiple rotation discs” (line 3) is unclear if the multiple rotation discs is part of or in addition to the “at least one rotation disc” being claimed in claim 4, lines 1-2.
Regarding claim 4, the limitation “a number of the at least one rotation disc (50) is determined based on using requirements” (lines 1-2) is unclear if the claimed limitation is trying to claim an apparatus or a method, the claims are claiming an apparatus “massager”, however, the limitation “a number of the at least one rotation disc (50) is determined based on using requirements” appears to be claiming a method step.
Regarding claim 5, the limitation “at least one transmitting gear (75)…a respective one transmitting gear” (lines 5 and 9) is unclear as to how many transmitting gear the claim is trying to claim, at least one transmitting gear or a plurality of transmitting gears, the term “a respective one transmitting gear” implies that there are more than one transmitting gear (a plurality of transmitting gears). Furthermore, it is unclear if “a respective one transmitting gear” (claim 5, line 9) is referring to the at least one transmitting gear being claimed in claim 5, line 5 or not.
Regarding claim 5, the limitation “at least one driven gear…one of the three driven gears…with any two adjacent driven gears” (lines 4-5 and 10) is unclear and confusing as to how many driven gear is being claimed, at least one driven gear, three driven gears, or two adjacent driven gears. Regarding claim 7, the limitation “a respective one first rotary shaft” (lines 3-4) is unclear if “a respective one first rotary shaft” is referring to or is in addition to “at least one first rotary shaft” being claimed in claim 7, line 2. Furthermore, due to the term “respective” it is unclear as to how many first rotary shaft are being claimed, “at least one” or a plurality.
Regarding claim 8, the limitation “the at least one transmitting gear (75)…the respective one transmitting gear (75)” (lines 3 and 5) is unclear as to how many transmitting gear is being claim because of the usage of the term “respective”, is the limitation claiming at least one transmitting gear or a plurality of transmitting gears.
Regarding claim 9, the limitation “a first arcuately convex rib (52) and a second arcuately convex rib (53) mounted on a top of a respective one massage protrusion (51)” (lines 2-3) is unclear and confusing because the limitation appears to be misdescribing the disclosure since according to fig. 4 and paragraphs 0012-0013, the first and second arcuately convex ribs (52 and 53) form the protrusion 51.
Regarding claim 9, the limitation “wherein the first arcuately convex rib (52) and the second arcuately convex rib (53) are in an arc semicircle shape and are connected” (lines 4-5) is unclear if the limitation is trying to claim that each of the ribs are in an arc semicircle shape or both of the ribs are in an arc semicircle shape. According to the drawing, it appears the each arcuately convex rib is in an arc semicircle shape not both of the ribs.
Any remaining claims are rejected for their dependency on a rejected base claim.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4, and 10 as best understood are rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467) and Fujii (2006/0142676).
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Regarding claim 1, Lian discloses a massager (entire massage chair comprising 11, 12 and 10 in figs. 1-4, paragraphs 0001, 0006-0008, 0026, 0033) for massaging limb comprising an armrest (armrest is formed by portion of 11 that supports the arm of the user) including an accommodation cavity (see the annotated-Lian fig. 4 above) configured to receive an arm of a user (paragraphs 0009, 0023, 0025, and 0033, see airbag 12 squeeze and massages the arm), an air bag arranged on a side of the accommodation cavity (see air bag 12, fig. 4, paragraph 0033), and a driver (1, 2, 3, 4, 5, 6, 8, 9, 10, 701, 702, 703, figs. 1-4, paragraphs 0033-0034) fixed on a bottom of the accommodation cavity (see fig. 4); wherein the driver include a protective shell (1 and 8, figs. 1-4, paragraphs 0033-0034) disposed on the armrest (fig. 4), at least one rotation disc (10, figs. 1-4, paragraph 0033) arranged on the protective shell (see figs. 1-4), a drive source (2, figs. 1-4, paragraphs 0033-0034), and a transmission mechanism (all the gears shown in fig. 2 including 701, 702, 703); wherein the drive source (2) is connected with the at least one rotation disc via the transmission mechanism (see figs. 1-2), and a respective one rotation disc includes multiple massage protrusions located outside the protective shell (see paragraphs 0033-0038 and see the annotated-Lian fig. 3 above), Lian discloses a massage chair comprising the massager of claim 1 mounted on the massage chair (see fig. 4 and paragraphs 0033-0034), but fails to disclose that there are two accommodation cavities configured to receive two arms of a user and multiple air bags arranged on a top of a respective one accommodation cavity.
However, Fukuyama teaches an armrest (both armrest 5 in fig. 1, for both the left arm and the right arm), comprising two accommodation cavities (cavities of 5 that receives the arms, fig. 1, paragraphs 0061 and 0106-0113) configured to receive two arms of a user.
Therefore, 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 massager of Lian to have the armrest of Lian to be positioned on both side of the chair to massage the left and right arms of the user as taught by Fukuyama for the purpose of providing massage therapy to both the arms, thereby, enhancing the massage effects (see paragraphs 0106-0113 of Fukuyama).
The modified Lian fails to disclose that multiple air bags arranged on a top of a respective one accommodation cavity.
However, Fujii teaches a top surface of a cavity comprising a plurality of bladders (see 406a, 406b, 406c, 407a, 407b, and 407c, figs. 43-45, paragraphs 0341-0358).
Therefore, 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 respective accommodation cavity of the modified Lian to have the plurality of air bags as taught by Fujii for the purpose of enhancing the massage effect by providing additional bladders to massage additional parts of the arms (see paragraphs 0341-0358 of Fujii).
Regarding claim 2, the modified Lian discloses that the drive source (2 of Lian) is fixed on the protective shell (1 and 8 of Lian), and the transmission mechanism is received in the protective shell so as to produce the driver independently (see figs. 1-4 and paragraphs 0033-0038 of Lian, the transmission mechanism is received in the protective shell so as to produce the driver independently in the same manner as the applicant’s driver, furthermore, the driver is independent of the observer/therapist that observe the user).
Regarding claim 4, the modified Lian discloses that a number of the at least one rotation disc is determined based on using requirements, and multiple rotation discs are spaced and arranged linearly (see figs. 1-4 and paragraphs 0033 and 0035 of Lian, relatively, the number of the at least one rotation disc 10 includes 3, which is considered as being based on a requirement of a consumer who prefers to have the number of ration discs as 3, furthermore, there are three discs 10 that are spaced and arranged linearly relative to each other, specifically in paragraph 0035, Lian discloses “At the same time, the connecting grooves 9 and the massage heads 10 are arranged in a one-to-one correspondence and are designed in a straight line on the upper outer side of the top cover 8, which can effectively increase the coverage of the arm massage area”).
Regarding claim 10, the modified Lian discloses a massage chair comprising the massager of claim 1 mounted on the massage chair (see fig. 4 and paragraphs 0033-0034).
Claim 3 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467) and Fujii (2006/0142676) as applied to claim 1 above, and alternatively in view of Mack (4,396,011).
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Regarding claim 3, the modified Lian discloses that the motor is mounted on the bottom of the protective shell (see figs. 1-4 of Lian), the driver further includes a fixing cap abutting a front end of the drive source, and a second fixing cap abutting a rear end of the drive source, wherein the first fixing cap and the second fixing cap are mounted on the bottom of the protective shell (see the annotated-Lian A fig. 2 above, as shown, there is a front cap that is affixed to a front end of the drive source and the second fixing cap abutting a rear end of the drive source, wherein, relatively, the first fixing cap and the second fixing cap are mounted on the bottom of the protective shell). However, if there is any doubt that the modified Lian discloses that the driver further includes a fixing cap abutting a front end of the drive source, and a second fixing cap abutting a rear end of the drive source, wherein the first fixing cap and the second fixing cap are mounted on the bottom of the protective shell.
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However, Mack teaches a drive source (7, fig. 1), and fixing caps (brackets 9, figs. 1 and 4) comprising a first fixing cap abutting a front end of the drive source, and a second fixing cap abutting a rear end of the drive source (see the annotated-Mack fig. 1 above, the first fixing cap is the bracket 9 at the front end and the second fixing cap is the bracket 9 at the rear end, alternatively, see the annotated-Mack fig. 4 above for alternative front and rear ends, see col 4, lines 9-38).
Therefore, 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 drive source of the modified Lian to have the fixing caps as taught by Mack for the purpose of providing a well-known means of fixing a motor to a shell to provide additional stability (see col 4, lines 9-38 of Mack).
After the modification, the first and the second fixing caps of the modified Lian would be mounted on the bottom of the protective shell of Lian.
Claim 5 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467) and Fujii (2006/0142676) as applied to claim 4 above, and further in view of Wu (2009/0270781).
Regarding claim 5, the modified Lian discloses that the drive source is a motor (2 of Lian, fig. 2 of Lian) and includes a worm (see the annotated-Lian A fig. 2 above) disposed on the motor, the transmission mechanism includes a worm gear (see the annotated-Lian A fig. 2 above, the worm gear is the gear that interacts with the worm on the motor), a drive gear (the drive gear is the portion attached to the worm gear that is being used to drive the reduction gear, see the annotated-Lian A fig. 2 above) and a reduction gear (see the annotated-Lian A fig. 2 above, see paragraphs 0034-0035 of Lian, the reduction gear is a reduction gear because the reduction gear meshes with a gear that is larger than the reduction gear), the transmission mechanism also includes at least one driven gear and at least one transmitting gear, which correspond to the respective one rotation disc (the driven gear correspond to the respective one rotation disc, alternatively, the transmitting gear is used to transmit movement to the driven gear, therefore would also correspond to the rotation disc 10), wherein the worm meshes with the worm gear (see the annotated-Lian A fig. 2 above and paragraphs 0034-0035 of Lian, the worm would mesh with a worm gear), the worm gear is connected with the drive gear, the drive gear meshes with the reduction gear, and the reduction gear is connected with one of the three driven gears, a respective one transmitting gear is defined between and meshes with any two adjacent driven gears (see the annotated-Lian fig. 1 above), but fails to disclose that the worm is disposed on a shaft of the motor.
However, Wu teaches a drive source (141, fig. 1) comprising a drive shaft and a worm disposed on the drive shaft (drive shaft is the shaft 141a of 141 where worm 142 is being mounted to, see figs. 1-2 and paragraphs 0058 and 0061).
Therefore, 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 drive source and the worm of the modified Lian to be the drive source and worm as taught by Wu for the purpose of providing an alternative motor and worm combination that would provide the predictable result of transferring motion from the motor to the worm gear (see paragraphs 0058 and 0061 of Wu).
Claim 6 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467), Fujii (2006/0142676) and Wu (2009/0270781) as applied to claim 5 above, and alternatively in view of Tseng (2005/0124921).
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Regarding claim 6, the modified Lian discloses the protective shell includes a first covering part (see 8, figs. 1-2 and paragraph 0033 of Lian), a second covering part (1, fig. 2, paragraph 0033 of Lian), and a chamber defined between the first covering part and the second covering part (see the annotated-Lian B fig. 2 above, the chamber is defined as the space where the worm and the gears are position within); the respective one rotation disc (10 of Lian) is arranged outside the chamber and is configured to rotate on a top of the first covering part (see figs. 1-2 of Lian), the drive source (2 of Lian) is fixed outside the chamber and on a bottom of the second covering part and the transmission mechanism is accommodated in the chamber (see the annotated-Lian B fig. 2 above, relatively, the drive source 2 is fixed outside the chamber and on a bottom of the second covering part and the transmission mechanism is accommodated in the chamber).
Furthermore, if there is any doubt that the modified Lian discloses that the drive source is fixed outside the chamber.
Tseng teaches a drive source (3) positioned outside of a chamber that accommodates transmission mechanism (28, 5, 21, 20, 27, 26, 23 and 22, fig. 1, paragraphs 0019-0023).
Therefore, 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 drive source of the modified Lian to be positioned outside of the chamber as taught by Tseng for the purpose of providing an alternative location where a motor can be placed that would allow the motor to convey a rotating force to the plurality of rotating discs (see paragraphs 0019-0023 of Tseng).
Claim 7 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467), Fujii (2006/0142676), Wu (2009/0270781) and alternatively in view of Tseng (2005/0124921) as applied to claim 6 above, and further in view of Kang (CN 208974526) and Yu (CN 208785223) and alternatively in view of Li (2021/0186802).
Regarding claim 7, the modified Lian discloses that the transmission mechanism further includes at least one end portion fixed in the at least one driven gear, wherein an upper end of a respective driven gear is inserted into a circular orifice of the first covering part (see the annotated-Lian B fig. 2 above, as shown, the top end of the at least one driven gear would be inserted into the circular orifice of the first covering part to transfer the motion of the head 10), the respective one rotation disc is fixed on the upper end of the end portion (see the annotated-Lian B fig. 2 above and paragraphs 0033-0034 of Lian), but fails to disclose one rotary shaft in the at least one driven gear, wherein an upper end of a respective one first rotary shaft is rotatably inserted into a circular orifice of the first covering part, the reduction gear is disposed on one first rotary shaft, the respective one rotation disc is fixed on the upper end of the respective one first rotary shaft, and a defining element is mounted on the upper and of the respective one first rotary shat to mate with the respective one rotation disc.
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However, Kang teaches a first covering part (12, figs. 1-4), a second covering part (11, figs. 1-4, paragraph 0039 of the English translation), a rotary shaft (321, figs. 1-4, paragraph 0042-0046) driven by a driven gear (322, figs. 1-4, paragraph 0042), and an end of the rotary shaft fixed in the driven gear, wherein an upper end of the rotary shaft is inserted into an orifice of the first covering part and a lower end of the rotary shaft is inserted into an orifice of the second covering part, a respective rotation disc (31) is fixed on the upper end of the rotary shaft, a defining element (the defining element is the portion of the upper end of the shaft that is being utilized to allow the disc to mate with the shaft such that the motion from the driven gear is being transferred to the shaft) is mounted on the upper of the respective first rotary shaft to mate with the respective once rotation disc (rotation disc is 31, fig. 3, see the annotated-Kang fig. 3 above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of the discs (10 of Lian) and the driven gears of the modified Lian to have the rotary shaft for holding the discs as taught by Kang by having the respective rotary shaft being inserted through a circular orifice of the first covering part of the modified Lian and to modify the second covering part to have a second orifice for accommodating the rotary as taught by Kang for the purpose of providing an alternative connecting means between the driven gears and the discs that would provide the predictable result of allowing the transfer of the rotary movement from the driven gears to the discs (see paragraphs 0042-0046 of Kang).
After the modification, the reduction gear (see the annotated-Lian A fig. 2 above) would be disposed on the first driven gear and the first rotary shaft (shaft of Kang) that is attached to the reduction gear, and relatively, because the first driven gear on the first rotary shaft is meshed with the reduction gear, the reduction gear is disposed on the first rotary shaft (see the modification with Kang).
The modified Lian fails to disclose that the orifice formed by the second covering part is a circular orifice.
However, Yu teaches a covering part (11, fig. 3) comprising an orifice (see fig. 3, see orifice on 11 that the shaft 321 extends through) that is circular for accommodating the shaft (321, fig. 3, see paragraphs 0035-0036).
Therefore, 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 orifice on the second covering part of the modified Lian to be a circular orifice as taught by Yu for the purpose of providing an orifice shape that allows the shaft to freely rotate.
Furthermore, if there is any doubt that the modified Lian discloses a defining element that is equivalent to the defining element of the instant disclosure of the instant application. Li teaches a shaft comprising a defining element having a flat surface (see flat surface 47 of shaft 41, fig. 3, paragraph 0036).
Therefore, 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 respective first rotary shaft of the modified Lian to have the defining element as taught by Li for the purpose of providing an end that is able to allow rotational movement to be transferred from the respective gear to the rotation disc (see paragraph 0036 of Li).
Claim 8 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467), Fujii (2006/0142676), Wu (2009/0270781) and alternatively in view of Tseng (2005/0124921) as applied to claim 6 above, and further in view of Tsai (2009/0306559).
Regarding claim 8, the modified Lian discloses that the transmission mechanism includes the worm gear and transmitting gears, and the drive gear extends out of a top of the worm (see the annotated-Lian A fig. 2 above, because the worm gear has an upper gear portion that would mesh with the drive gear, relatively, the drive gear extends out of a top of the worm gear), but fails to disclose a secondary rotary shaft mounted on the worm gear and at least one third rotary shaft inserted in the at least one transmitting gear, and the respective one transmitting gear is connected with the third rotary shaft.
However, Tsai teaches a shaft mounted on the gear and is inserted in the gear (see shaft 255 and gears 254/253, figs. 2-2B and paragraphs 0033 and 0036).
Therefore, 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 worm gear and the transmitting gears of the modified Lian to comprise a shaft extending therethrough as taught by Tsai for the purpose of providing a means of mounting the gears to provide the predictable result of allowing the gears to be able to rotate (see paragraphs 0033 and 0036 of Tsai).
After the modification, the respective transmitting gear is connected with the third rotary shaft (shaft that is inserted through the transmitting gear as taught by Tsai) and the secondary shaft is mounted on the worm gear (see the modification with Tsai above).
Claim 9 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467) and Fujii (2006/0142676) an as applied to claim 1 above, and further in view of Piccirillo (2017/0348187).
Regarding claim 9, the modified Lian discloses that the respective rotation disc (10 of Lian) includes a plurality of convex protrusions (see figs. 1-4), but fails to disclose that the respective rotation disc includes a first arcuately convex rib and a second arcuately convex rib mounted on a top of a respective one massage protrusion of the respective one rotation disc, wherein the first arcuately convex rib and the second arcuately convex rib are in an arc semicircle shape and are connected.
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However, Piccirillo teaches a massage device (100, fig. 1) comprising a rotation disc (entire head of rotating element 108, figs. 1-2 and paragraphs 0033-0035), comprising a first arcuately convex rib and a second arcuately convex rib mounted on top of a respective one massage protrusion of the respective one rotation disc, wherein the first arcuately convex rib and the second arcuately convex rib are in an arc semicircle shape and are connected (see the annotated-Piccirillo fig. 1 above and paragraph 0051).
Therefore, 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 protrusions of the respective rotating disc of the modified Lian to have the protrusion as taught by Piccirillo for the purpose of providing an alternative massage head that would provide a different therapeutic effect to user who are in need of such massage heads (see paragraphs 0051 of Piccirillo).
Claim 9 as best understood is rejected under 35 U.S.C. 103 as being unpatentable over Lian (CN 215308116) in view of Fukuyama (2014/0343467) and Fujii (2006/0142676) an as applied to claim 1 above, and further in view of Lin (CN 206910486).
Regarding claim 9, the modified Lian discloses that the respective rotation disc (10 of Lian) includes a plurality of convex protrusions (see figs. 1-4), but fails to disclose that the respective rotation disc includes a first arcuately convex rib and a second arcuately convex rib mounted on a top of a respective one massage protrusion of the respective one rotation disc, wherein the first arcuately convex rib and the second arcuately convex rib are in an arc semicircle shape and are connected.
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However, Lin teaches a rotation disc (25, fig. 1 with reference to fig. 4 and paragraph 0034 of the English translation), comprising a first arcuately convex rib and a second arcuately convex rib mounted on top of a respective one massage protrusion of the respective one rotation disc, wherein each of the first arcuately convex rib and the second arcuately convex rib are in an arc semicircle shape and are connected (see the annotated-Lin fig. 1 above and paragraph 0034, alternatively, the massage protrusion is formed by the first and second arcuately convex ribs).
Therefore, 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 protrusions of the respective rotating disc of the modified Lian to have the protrusion as taught by Lin for the purpose of providing an alternative massage head that would provide a different therapeutic effect to a user who are in need of such massage heads (see paragraphs 0034 of Lin).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lin (CN 111759689) is cited to show a rotary massager.
Yasuda (WO 2014/203407) is cited to show an arm massager.
Huang (CN 213911207) is cited to show an arm massager.
Guo (CN 211962551) is cited to show an arm massager.
Guo (CN 210872881) is cited to show an arm massager.
Bae (KR 20210033269) is cited to show an arm massager.
Chen (CN 209059903) is cited to show an arm massager.
Wang (CN 209286094) is cited to show an arm massager.
Choi (WO 2019/231180) is cited to show an arm massager.
Wu (CN 215938215) is cited to show an arm massager.
Zhou (CN 211244468) is cited to show an arm massager.
Liao (CN 211157166) is cited to show a hand massager comprising a rotary disc.
Zhou (2019/0321259) is cited to show a massage device comprising rotary massage interfaces.
Zhou (2021/0307995) is cited to show a kneading massage machine comprising a plurality of gears and rotating discs.
Fung (2006/0185073) is cited to show a massage device comprising rotary massage interfaces.
Yoda (2005/0146176) is cited to show an armrest comprising a plurality of massage bladders.
Yoda (2007/0287941) is cited to show an armrest comprising a plurality of massage bladders.
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/TU A VO/Primary Examiner, Art Unit 3785
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