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
2. Claims 1-10 are pending and currently under consideration for patentability under 37 CFR 1.104.
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 following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“the limiting plate is detachably clamped in one end of the mounting hole … the clamping assembly is detachably arranged in another end of the mounting hole” (Claim 1) has not been shown. Figure 5 only illustrates the limiting plate (210) and clamping assembly (220) outside of the mounting hole.
“when the clamping assembly is arranged in the mounting hole, the clamping portion is clamped and sleeved in the limiting tube” (claim 4) has not been shown.
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.
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.
Claim 8 is 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.
Claim 8, line 3 recites “a position between two adjacent ribs are smoothly arranged in transition” and it is unclear whether the phrase “smoothly arranged in transition” is referring to the ribs or the “position.” If it is referring to the “position” it appears this should state --a position between two adjacent ribs is smoothly arranged in transition--.
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.
Claim(s) 1, 7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jawahir (2014/0039364) in view of Glose (DE 202015005165 U1).
Regarding claim 1, Jawahir discloses a massage ball (cord 102 and textured ball 104, Fig. 1), comprising: a ball (textured object 104, Fig. 1), and a rope (cord 102, Fig. 1; para. [0038]), wherein a limiting fastener (fastener 103, Fig. 1) is fixedly attached to the rope (at least temporarily fixed to the cord 102, see the last two sentences of [0039]) and the limiting fastener (103) is detachably clamped at one end of the ball (left end of ball 104, see Fig. 1; “fasteners can be temporarily attached to cord 102 to provide placement of textured object 104 in an infinite number of locations along cord 102” see the last sentence of [0039]); one end of the rope is arranged with a clamping assembly (fastener 105, Fig. 1), and the clamping assembly (105) is detachably connected with the rope (“fasteners can be temporarily attached to cord 102 to provide placement of textured object 104 in an infinite number of locations along cord 102” see the last sentence of [0039]), and the clamping assembly is detachably arranged in another end of the ball (right end of ball 104, see Fig. 1).
Jawahir is silent regarding a mounting hole arranged to penetrate through the ball; the limiting fastener being a limiting plate sleeved on the rope; and the limiting plate is “in” one end of the mounting hole; and the clamping assembly is arranged “in” another end of the mounting hole.
Glose teaches a related massage ball (massage ball 7, Fig. 1) with a mounting hole arranged to penetrate through the ball (diametrically arranged opening 9, Fig. 1, “in which a longitudinal section of the cord 3 is arranged” see para. [0040] of the English translation), and a limiting plate (stop element 32, shown to be plate-shaped in Fig. 1; “designed to engage the cord 3 at least circumferentially or completely along the circumference of the cord and to hold it resiliently on the cord 3” see para. [0041] of the English translation) sleeved on the rope (3) and clamped in one end of the mounting hole (at recess 31, Fig. 1). Glose states that positioning the limiting plate (32) in the mounting hole is advantageous because then the fastener “is completely received there, cannot cause pressure points or injuries to the human body during a massage” (see the last sentence of [0041] of the English translation). Although Glose illustrates just one limiting plate (32) for the massage ball (7), one of ordinary skill in the art would have recognized that it would be advantageous to have each fastening element (i.e., the clamping assembly of Jawahir) received in a respective end of the mounting hole so as to avoid causing pressure points or injuries during massage.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massage ball and fasteners of Jawahir to have a mounting hole arranged to penetrate through the ball, and to have the limiting fastener be a limiting plate sleeved on the rope and clamped in an end of the mounting hole, with the clamping assembly clamped in the other end of the mounting hole as generally taught by Glose in order to prevent the fastener(s) from causing pressure points or injuries to the human body during a massage.
Regarding claim 7, the modified Jawahir/Glose device discloses wherein a center line of the limiting plate and a center line of the rope are arranged on a same straight line (limiting plate 32, Fig. 1 of Glose is “designed to engage the cord 3 at least circumferentially or completely along the circumference of the cord and to hold it resiliently on the cord 3” see para. [0041] of the English translation. The plate 32 and rope are arranged on the same straight line), and the rope is fixedly embedded in the limiting plate (the rope is engaged and held by the limiting plate 32).
Regarding claim 9, the modified Jawahir/Glose device discloses wherein the ball (104, Fig. 1 of Jawahir) is elastic (the textured object 104 “is made from natural rubber” see para. [0040] of Jawahir. Natural rubber is an elastic material) and the rope (102, Fig. 1 of Jawahir) is flexible (“Cord 102 is flexible” see para. [0038] of Jawahir).
Regarding claim 10, the modified Jawahir/Glose device discloses A massage device (the device of Figure 1 of Jawahir), comprising the massage ball (cord 102 and textured ball 104, Fig. 1 of Jawahir), according to claim 1 (see the claim 1 rejection statement above).
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Jawahir (2014/0039364) in view of Glose (DE 202015005165 U1) as applied to claim 1 above, and further in view of Faroky et al. (5,868,689).
Regarding claim 2, the modified Jawahir/Glose device discloses the limiting plate (fastener 103 of Jawahir, as modified by stop element 32 of Glose) and the clamping assembly (fastener 105 of Jawahir) are correspondingly arranged at two ends of the mounting hole (see Fig. 1 of Jawahir), but is silent regarding wherein a limiting tube is fixedly arranged at a position corresponding to an inner side of the ball in the mounting hole, and the rope is slidably sleeved in the limiting tube.
Faroky teaches a related massage ball (ball 4, Fig. 2) mounted on a rope (resilient cord 24, Fig. 2), wherein a limiting tube (hollow shaft 21, Fig. 2) is fixedly arranged at a position corresponding to an inner side of the ball in a mounting hole (“hollow shaft 21 running longitudinally through the center of ball 4 thereby allowing ball 4 to turn freely about cord 24 which passes through the center of the ball 4” see Fig. 2 and col. 2, lines 58-62. The center of the ball that holds the hollow shaft is the mounting hole, and the hollow shaft has the cord 24 pass through it in a rotatable manner), and the rope (24) is slidably sleeved in the limiting tube (see Fig. 2 and col. 2, lines 58-67). The two ends of the limiting tube (the hollow shaft 21 has ball bearings 18, 23 at either end, see Fig. 2) are at the two ends of the mounting hole (the hole that contains the shaft 21, Fig. 2). This arrangement provides an expected result of allowing the ball (4) to turn freely about the rope (24) for an easy rolling massage (see lines 6-8 of the Abstract), while still allowing the ball to be slid relative to the rope.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting hole of Jawahir/Glose to include a limiting tube and bearings for the rope to pass through as taught by Faroky because this provides an expected result that the massage ball will turn freely about the rope for an easy rolling massage.
Regarding claim 3, the modified Jawahir/Glose/Faroky device discloses wherein a diameter of the limiting plate (stop element 32, Fig. 1 of Glose) is matched with an inner diameter of the mounting hole (the stop element 32 is “completely received” within the recess 31, see Fig. 1 and the last sentence of [0041] of Glose) and when the limiting plate is clamped in the mounting hole (as in Figure 1 of Glose), one side of the limiting plate abuts against one end of the limiting tube (in the modified device, the stop element 32 of Glose corresponds to the location of the O-ring(s) 18, 22, that abut against the ends of the limiting tube 21 and its corresponding bearings 20, 23, Figure 2 of Faroky).
Regarding claim 4, the modified Jawahir/Glose/Faroky device discloses wherein the clamping assembly (fastener 105 of Jawahir, as modified by the stop element 32 of Glose to be located within a recess such as 31 at an opposite end of the mounting hole) comprises a clamping portion (the inner surface of stop element 32 clamps against the cord), and when the clamping assembly is arranged in the mounting hole (as taught by Glose, the clamping assembly is completely received in the mounting hole to avoid causing pressure points or injuries during massage), the clamping portion is clamped and sleeved in the limiting tube (the limiting tube is the same width as the mounting hole, and thus when the clamping assembly is “completely received” within the mounting hole in the modified device based upon Glose, the glamping assembly will be within the limiting tube). The modified device does not specifically state a width of the clamping portion is matched with an inner diameter of the limiting tube. However, it is noted that the modified device has the clamping portion surround the rope and the rope is inserted within the limiting tube and it has been held that a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04(IV)(A).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the width of the clamping portion of Jawahir/Glose/Faroky to be matched with an inner diameter of the limiting tube so the clamping portion will fit within the tube, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04(IV)(A).
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Jawahir (2014/0039364) in view of Glose (DE 202015005165 U1) and Faroky et al. (5,868,689) as applied to claim 4 above, and further in view Oakley (667,563).
Regarding claim 5, the modified Jawahir/Glose/Faroky device is silent regarding the clamping assembly comprising a connecting cap, wherein the clamping portion is fixedly arranged at one side of the connecting cap; and a connecting ring, wherein the connecting ring is fixedly arranged in the one end of the rope and is detachably connected with the clamping portion.
Oakley teaches a related ball mounted on a rope (Fig. 1) comprising a clamping assembly (stopper d, metallic cap e, rod f, eye f’, Fig. 2) comprising a connecting cap (metallic cap e, Fig. 2), with a clamping portion (stopper d, Fig. 2) fixedly arranged at one side (inner side) of the connecting cap (e, see Fig. 2), and a connecting ring (eye f’, Fig. 2), wherein the connecting ring is fixedly arranged in the one end of the rope (eye f’ is fixed to an end of elastic cord g, see Fig. 2). This provides an expected result of connecting a rope to a ball at one end, with the clamping assembly preventing the rope from becoming inadvertently dislodged from the ball. Furthermore, although Oakley does not state the connecting ring (f’) is detachably connected with the clamping portion (d), it is noted that it has been held that if it were considered desirable for any reason to obtain access to the removed part, it would be obvious to make the element removable for that purpose (MPEP 2144.04(V)(C). There are many possible reasons to make the connecting ring (f’) detachable from the clamping portion (d), such as to gain access to the ring’s connection to the rope for repair/replacement.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the clamping assembly of Jawahir/Glose/Faroky to have a connecting cap, wherein the clamping portion is fixedly arranged at one side of the connecting cap; and a connecting ring, wherein the connecting ring is fixedly arranged in the one end of the rope and is detachably connected with the clamping portion as taught by Oakley and as obvious over MPEP 2144.04(V)(C) because this provides an expected result of connecting the end of the rope to a ball at one end, with the clamping assembly preventing the rope from becoming inadvertently dislodged from the ball. Furthermore, the detachability would advantageously allow a user to gain access to the ring’s connection to the rope for repair/replacement.
Regarding claim 6, the modified Jawahir/Glose/Faroky/Oakley device discloses wherein a connecting hole is arranged on the clamping portion (stopper d has a hole that receives rod f, see Fig. 2 of Oakley) and the connecting ring (f’, Oakley) is detachably sleeved in the connecting hole (the rod f is part of the connecting ring f’, and it is sleeved within the hole of the stopper d, see Fig. 2 of Oakley. This connection is a detachable connection based upon MPEP 2144.04(V)(C)). The modified device does not specifically state a width of the connecting ring is matched with the inner diameter of the limiting tube. However, there does not appear to be any criticality to this dimension so long as the connecting ring fits within the tube, and Oakley’s connecting ring does extend within a tube (passage b, Fig. 2).
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the width of the connecting ring of Jawahir/Glose/Faroky/Oakley to match the inner diameter of the connecting tube, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04(IV)(A).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jawahir (2014/0039364) in view of Glose (DE 202015005165 U1) as applied to claim 1 above, and further in view of Dakides (2016/0136032).
Regarding claim 8, the modified Jawahir/Glose device discloses wherein a plurality of massaging protrusions may be arranged on the ball (knobby ball 126, Fig. 8 of Jawahir), but is silent regarding wherein a plurality of ribs are arranged on the ball, and wherein the plurality of ribs are staggered on an outer side of the ball, and a position between two adjacent ribs are smoothly arranged in transition.
Dakides teaches a related massage ball apparatus (Fig. 1) wherein the massage ball(s) (therapy objects 80, Fig. 1) include a plurality of ribs arranged on the ball (ridges 108, Fig. 11-14; “The therapy objects 80 discussed herein may include ridges 108 to facilitate some massage and therapy…” see para. [0081]), and wherein the plurality of ribs (108) are staggered on an outer side of the ball (see Figs. 11-14, the ribs 108 are on the outer side of the ball), and a position between two adjacent ribs are smoothly arranged in transition (see Fig. 12, the position between each adjacent rib 108 is relatively smooth). Dakides states “running ridges 108 over a portion of the body (e.g., a muscle) with the ridges parallel to the portion of the body may help lengthen the soft tissue in that portion of the body, whereas running ridges 108 over a portion of the body (e.g., a muscle) with the ridges perpendicular to the portion of the body may help break up blockages, scar tissue, soft cartilage, bunions, calcium build up or deposits, and/or inflammation pockets in that portion of the body” (see para. [0081]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ball of Jawahir/Glose to include a plurality of ribs are arranged on the ball, and wherein the plurality of ribs are staggered on an outer side of the ball, and a position between two adjacent ribs are smoothly arranged in transition as taught by Dakides because the ridges can advantageously lengthen the soft tissue or help break up blockages, scar tissue, soft cartilage, bunions, calcium build up or deposits, and/or inflammation pockets in that portion of the body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Squillace (2008/0221494) discloses a related massage ball on a rope, with a plurality of ribs. Hagaman (2017/0196765) discloses a related massage ball on a rope with a limiting tube fixedly arranged at a position corresponding to an inner side of the ball in the mounting hole. Hinduja (2018/0093127) discloses a related massage ball on a rope with a plurality of protrusions. Kessler (2013/0084769) discloses a related ball on a rope with a clamping assembly including a cap and a clamping portion. Burrell (2018/0000684) discloses a related massage ball on a rope with a plurality of projections such as ribs. Feng (2019/0125620) discloses a related massage ball on a rope with a limiting sleeve inside the ball. Angell et al. (2011/0105968) discloses a related massage ball on a rope with a clamping assembly disposed adjacent a mounting hole of the massage ball. Holland (2015/0224016) discloses a related massage ball on a rope with a plurality of ribs. Citrin (2011/0071446) discloses a related massage ball on a rope. Raut (3,637,209) discloses a related ball on a rope with a clamping assembly at the end. Russell (8,574,102) discloses a related ball on a rope with a tube on the interior of the ball to receive the rope. Ouahhoud et al. (DE 19815302 A1) discloses a related massage ball attached to a rope, and having a tube on the inside of the ball.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 9:00-5:30 (Eastern).
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/CHRISTOPHER E MILLER/Examiner, Art Unit 3785
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