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 .
Claim Objections
Claims 1, 12 and 17 are objected to because of the following informalities:
In claim 1 ln 6 “the internal jugular” should read ---an internal jugular---
In claim 12 “the common carotid artery, the internal carotid artery, or the external carotid artery or the external carotid artery” should read ---a common carotid artery, an internal carotid artery, or an external carotid artery---
In claim 17 ln 7 “the individual” should read ---the wearer---
Appropriate correction is required.
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 10 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 10 calls to “the at least one moveable support configured to rotate relative to a remainder of the housing” however the moveable support is not introduced as a component of the housing, thus it is unclear which portion of the housing is to be considered the remainder. For the purpose of examination, the claim is being interpreted as calling to the movable support being ---configured to rotate relative to the housing---.
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.
Claims 1, 3, 5-8, 10-11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan-Ping (CN 208926986 U). A Machine translation of Yuan-Ping is being provided and relied upon below.
Regarding claim 1, Yuan-Ping discloses a neck massaging system (pg 1 ln 14-15 disclosing massage device, pg 1 ln 37-40 disclosing use on the neck), comprising: a housing (#11 fig 1) defining an opening (see Yuan-Ping annotated fig 1 below) configured to receive a neck (pg 2 ln 43-46 disclosing the U-shaped pillow being adapted to fit around a user’s neck), the housing including a top region (see Yuan-Ping annotated fig 1 below), a bottom region (see Yuan-Ping annotated fig 1 below) opposing the top region, an interior region (see Yuan-Ping annotated fig 1 below) defining at least a portion of the opening; at least one massager (#5 fig 2) attached to the housing adjacent to the interior region (shown adjacent to interior region in fig 1), the at least one massager positioned on the housing to be positioned proximate to the internal jugular vein when the opening receives the neck (it is seen that the neck massager is capable of being placed on the neck such that the massager is proximate an internal jugular vein); and at least one actuator (#3 fig 2, pg 2 ln 57 "driving assembly") operably coupled to the at least one massager, the at least one actuator configured to move the at least one massager such that a portion of the at least one massager proximate to the neck moves in a general direction extending from the top region towards the bottom region (pg 2 ln 52- pg 3 ln 5 disclosing rotating massager 5 thus at least a portion of it move between top and bottom during portions of the rotation).
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Yuan-Ping annotated fig 1
Regarding claim 3, Yuan-Ping discloses the system of claim 1. Yuan-Ping further discloses the housing includes an open end (end at #9/8 fig 1); and further comprising a front clasp (#9 and #8 fig 1) attached to the housing, the front clasp configured to selectively close or open the open end (pg 2 ln 40-42).
Regarding claim 5, Yuan-Ping discloses the system of claim 1. Yuan-Ping further discloses the at least one massager includes at least one roller configured to rotate in a general direction extending from the top region towards the bottom region (#5 fig 1-3, Pg 2 ln 52- pg 3 ln 5).
Regarding claim 6, Yuan-Ping discloses the system of claim 5. Yuan-Ping further discloses the at least one roller exhibits a generally cylindrical shape (see Yuan-Ping annotated fig 3 below).
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Yuan-Ping annotated fig 3
Regarding claim 7, Yuan-Ping discloses the system of claim 5. Yuan-Ping further discloses the at least one roller includes a body (see Yuan-Ping annotated fig 3 above) and at least one protrusion (see Yuan-Ping annotated fig 3 above) extending from the body.
Regarding claim 8, Yuan-Ping discloses the system of claim 5. Yuan-Ping further discloses the at least one roller includes two or three rollers on a left side of the housing and two or three rollers on a right side of the housing (see fig 1 and 2).
Regarding claim 10, Yuan-Ping discloses the system of claim 1. Yuan-Ping further discloses at least one moveable support (#31/32 fig 4-5), the at least one massager is attached to and supported by the at least one moveable support, the at least one moveable support configured to rotate relative to the housing (pg 2 ln 57 – pg 3 ln 5 disclosing the components rotating).
Regarding claim 11, Yuan-Ping discloses the system of claim 1. Yuan-Ping further discloses a membrane extending over the at least one massager (see fig 1 showing housing acting as a membrane with the massager internal to the housing).
Regarding claim 16, Yuan-Ping discloses the system of claim 1. Yuan-Ping further discloses at least one additional massager spaced from the at least one massager (see fig 1-2).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan-Ping as applied to claim 1 above, and further in view of Zhao (CN 108837325 A).
Regarding claim 2, Yuan-Ping discloses the system of claim 1. Yuan-Ping further discloses the housing includes a first section and second section (left and right sides as shown in fig 1).
Yuan-Ping is silent to the second section being distinct from the first section and a distance between the first section and the second section is configured to be selectively varied.
Zhao teaches a similar neck system (abstract) comprising a first section (#20 on the left fig 2) and a second section (#20 on the right fig 2) distinct from the first section (see fig 2), a distance between the first section and the second section is configured to be selectively varied (#30 fig 2, pg 3 “a handle 20 pivoted on the two end of the main body 10 through connecting piece 30” hinging disclosing a distance being varied).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize distinct section with varying distance as taught by Zhao for the system of Yuan-Ping as doing so allows the system to adjust size to fit various neck sizes.
Claims 4, 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan-Ping as applied to claim 1 above, and further in view of Smith (US 20140277101 A1).
Regarding claim 4, Yuan-Ping discloses the system of claim 1. Yuan-Ping is silent to the at least one massager includes an inflatable bladder.
Smith teaches a similar neck system utilizing an inflatable bladder as at least one massager (#40 fig 2, par 0136).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate inflatable bladders as taught by Smith onto the system of Yuan-Ping as doing so allows for the pressure applied to the neck to be adjusted.
Regarding claim 9, Yuan-Ping discloses the system of claim 1. Yuan-Ping is silent to the at least one actuator is configured to vary at least one of a pressure applied from the at least one massager to the internal jugular vein or a frequency at which the at least one massager moves. Yuan-Ping only discloses specific transmission modes (pg 3 ln 4-5).
Smith teaches a similar neck system wherein the at least one actuator is configured to vary at least one of a pressure applied from the at least one massager to the internal jugular vein or a frequency at which the at least one massager moves (par 0092 disclosing varying inflation and thus varying pressure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate inflatable bladders as taught by Smith onto the system of Yuan-Ping as doing so allows for the pressure applied to the neck to be adjusted to meet the specific needs of the user.
Regarding claim 12, Yuan-Ping discloses the system of claim 1. Yuan-Ping is silent to at least one vein/artery sensor, the at least one vein/artery sensor configured to identify at least one of the internal jugular vein, the common carotid artery, the internal carotid artery, or the external carotid artery.
Smith teaches a similar neck system utilizing at least one vein/artery sensor (par 0125 disclosing sensors for detecting pulse, alignment and fit), the at least one vein/artery sensor configured to identify at least one of the internal jugular vein, the common carotid artery, the internal carotid artery, or the external carotid artery (par 0125 discloses the sensors being used to determine if the protuberances are properly placed over a neck vein thus disclosing determining the location of the vein, par 0090 discloses the neck vein pressure is applied to being internal and external jugular veins).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a vein sensor as taught by Smith onto the device of Yuan-Ping as doing so allows for the device to determine if it is properly aligned with jugular veins such that the device can be used to reduce damaging effects of concussive events (Smith: abstract).
Claim 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan-Ping in view of Smith.
Regarding claim 17, Yuan-Ping discloses a method of using a massaging system, the method comprising: positioning a housing (#11 fig 1) of the neck massaging system around a neck of a wearer such that the neck is disposed in an opening (see Yuan-Ping annotated fig 1 re-inserted below) defined by the housing, the housing including a top region (see Yuan-Ping annotated fig 1 re-inserted below), a bottom region (see Yuan-Ping annotated fig 1 re-inserted below) opposite the top region, and an interior region (see Yuan-Ping annotated fig 1 re-inserted below) defining at least a portion of the opening; at least one massager (#5 fig 2) is attached to the housing; and moving a portion of the at least one massager closest to the neck in a general direction extending from the top region towards the bottom region (pg 2 ln 52- pg 3 ln 5 disclosing rotating massager 5 thus at least a portion of it move between top and bottom during portions of the rotation) using at least one actuator (#3 fig 2, pg 2 ln 57 "driving assembly") coupled to the at least one massager.
Yuan-Ping is silent to adjusting the housing such that at least one massager of the neck massaging system is positioned adjacent to the internal jugular vein of the individual.
Smith teaches a neck massaging system wherein the massage components are positioned adjacent to the internal jugular vein of the individual (abstract disclosing applying pressure to the jugular vein, par 0090 discloses the neck vein pressure is applied to being internal and external jugular veins).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the at least one massager adjacent to an internal jugular vein as taught by Smith on the method of Yuan-Ping as doing so allows for the device to be used to reduce damaging effects of concussive events (Smith: abstract).
Regarding claim 18, modified Yuan-Ping discloses the method of claim 17. Modified Yuan-Ping further discloses adjusting the housing such that at least one massager of the neck massaging system is positioned adjacent to the internal jugular vein of the individual includes adjusting the housing such that the at least one massager is positioned at or near a base of the neck and is spaced from an external carotid artery of the wearer (Smith: par 0143 disclosing placing the device low on the neck to be distant from the carotid artery).
Regarding claim 19, modified Yuan-Ping discloses the method of claim 17. Modified Yuan-Ping further discloses the at least one massager includes at least one roller and moving at least a portion of the at least one massager includes rotating the at least one roller (Yuan-Ping: #5 fig 1-3, Pg 2 ln 52- pg 3 ln 5).
Regarding claim 20, modified Yuan-Ping discloses the method of claim 17. Modified Yuan-Ping further discloses moving at least a portion of the at least one massager includes varying at least one of a pressure applied from the at least one massager to the internal jugular vein or a frequency at which the at least one massager moves (Smith: par 0092 disclosing varying inflation and thus varying pressure).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yuan-Ping as applied to claim 12 above, and further in view of Davis (US 11,019,734 B1).
Regarding claim 13, modified Yuan-Ping discloses the system of claim 12. Modified Yuan-Ping further disclose a light-emitting device communicably connected to the at least one vein/artery sensor (Smith: par 0129 disclosing an LED to represent the output of the sensor), the light- emitting device responsive to the at least one vein/artery sensor identifying at least one of the internal jugular vein or the external carotid artery (Smith: par 0125 disclosing “ notifying the user when the protuberance is properly placed over a neck vein”).
Modified Yuan-Ping is silent to the light-emitting device being configured to illuminate at least one of the internal jugular vein or the external carotid artery.
Davis teaches the use of a vein/artery sensor and a light-emitting device configured to illuminate at least one of the internal jugular vein or the external carotid artery (col 15 ln 3-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to illuminate the vein as taught by Davis for the device of modified Yuan-Ping as doing so can aid in alignment of the device.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over (modified) Yuan-Ping as applied to claims 12 and 1 above, and further in view of Zhadkevich (US 2017/0087045 A1).
Regarding claim 14, modified Yuan-Ping discloses the system of claim 12. Modified Yuan-Ping is silent to the at least one vein/artery sensor includes at least one of an ultrasound sensor or an optical coherence tomography probe.
Zhadkevich teaches a similar neck system utilizing at least one vein/artery sensor includes at least one of an ultrasound sensor or an optical coherence tomography probe (par 0039 disclosing an ultrasound probe and par 0052 disclosing ultrasound imaging being used for determining the distance between carotid and vertebral arteries).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an ultrasound sensor as taught by Zhadkevich for the vein/artery sensor of modified Yuan-Ping as doing so allows for the device to accurately determine the location of the veins/arteries.
Regarding claim 15, Yuan-Ping discloses the system of claim 1. Yuan-Ping is silent to electrical circuitry and at least one non-transitory memory coupled to the electrical circuity, the at least one non-transitory memory storing one or more operational instructions and the electrical circuitry configured to execute the operational instructions.
Zhadkevich teaches a similar neck system utilizing electrical circuitry and at least one non-transitory memory coupled to the electrical circuity, the at least one non-transitory memory storing one or more operational instructions and the electrical circuitry configured to execute the operational instructions (abstract disclosing a processor instructing the compression system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate electrical circuity and memory as taught by Zhadkevich on the system of Yuan-Ping as doing so allows for the system of Yuan-Ping to be controlled to execute functions in the memory.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR 20200020377 A discloses a carotid massage device
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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