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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 – 10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an Abstract Idea without significantly more.
[STEP 1]
Regarding claim 1, the claim is a method/process and is one of the fourth statutory categories.
[STEP 2A, Prong One]
The claim recites the following limitations that recite an abstract idea:
controlling, by a control unit, a back frame to recline backward with respect to a hip frame so that a user becomes a lying posture; controlling, by the control unit, a leg massage part to be lifted up; controlling a location of a massage module which is movable along the back frame and the hip frame so that a massage ball is positioned on a user's waist; and pulling the user's waist by moving the massage ball in at least one of a first direction and a second direction, and injecting air into a waist airbag, wherein the first direction as a direction parallel to a longitudinal direction of an upper frame is a direction from a hip to a head of the user, and the second direction as a direction perpendicular to the longitudinal direction of the upper frame is a direction from a back to a front of the user. The above limitations are directed to obvious machine processes that can be done by a person simply works a machine in a routine way by outputting the desired actions of the machine. As expressed in the specification, the human is able to choose the operation of the massage apparatus.
[STEP 2A, Prong Two]
Claim 1 recited the additional elements of: a control unit
The control unit is described in the specifications as “control the operation of the massage apparatus” (Page 3, lines 7 – 8). It is essentially acting as a computer element just to control the operation of the device and amounts to merely being used in the field. The recited abstract process does not improve the functioning of the massage chair, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment.
Thus, for these additional reasons, the abstract idea identified above in independent claim 1 (and its respective dependent claims) is not integrated into a practical application under the 2019 PEG.
[STEP 2B]
The claims do not cite any additional structures that would make it significantly more than the judicial exception. The controller is conventional and well-known in the art as shown by KANG et al. (US 20200330322 A1) which discloses the user of a controller that receives a signal based on the mode selection the user selected and is able to control said operation of the device. (Abstract)
Further, dependent claims 2 – 10 include limitations that either further define the abstract ideas by indicating other well-known actions of the controller or amount to no more than generally linking the use of the abstract idea to a particular environment or field of use because they are mere token additions to the claims that do not alter or affect the method is performed.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 1 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1, page 1, line 8 discloses “a massage ball is positioned on a user’s waist” and it is recommended to change to “a massage ball is configured to be positioned on a user’s waist”
Claim 1, page 1, line 9 discloses “pulling the user’s waist” and it is recommended to change to “configured to pull the user’s waist”
Claim 1, page 1, lines 11 - 12 discloses “an upper frame is a direction from a hip to a head of the user” and it is recommended to change to “an upper frame configured in a direction from a hip to a head of the user”
Claim 1, page 1, lines 13 - 14 discloses “the upper frame is a direction from a back to a front of the user” and it is recommended to change to “the upper frame configured in a direction from a back to a front of the user”
Claim 2, page 1, lines 16 – 17 discloses “wherein the pulling of the user’s waist” and it is recommended to change to “wherein the pulling configured on the user’s waist”
Claim 3, page 2, lines 2 – 3 discloses “wherein the pulling of the user’s waist” and it is recommended to change to “wherein the pulling configured on the user’s waist”
Claims 3, page 2, lines 4 – 5 discloses “the massage ball is positioned on a user’s waist” and it is recommended to change to “the massage ball is configured to be positioned on a user’s waist”
Claim 3, page 2, lines 7 – 8 discloses “the massage ball pressurizes the user” and it is recommended to change to “the massage ball configured to pressurize the user”
Claim 3, page 2, lines 9 – 10 discloses “the massage ball is positioned on a user’s lower waist” and it is recommended to change to “the massage ball configured to be positioned on a user’s lower waist”
Claim 3, page 2, lines 12 – 13 discloses “the massage ball does not pressurize the user” and it is recommended to change to “the massage ball configured to not pressurize the user”
Claim 3, page 2, lines 14 – 15 disclose “the massage ball is positioned on the user’s upper waist” and it is recommended to change to “the massage ball is configured to be positioned on the user’s upper waist”
Claim 4, page 2, lines 18 – 18 discloses “the massage ball is positioned on the user’s upper waist” and it is recommended to change to “the massage ball is configured to be positioned on the user’s upper waist”
Claim 5, page 2, lines 23 – 24 discloses “the massage apparatus for pulling a spine” and it is recommended to change to ““the massage apparatus configured for pulling a spine”
Claim 5, page 3, line 5 discloses “providing a massage to the user” and It is recommended to change to “configured for providing a massage to the user”
Claim 5, page 3, line 8 discloses “pulling the user’s waist” and it is recommended to change to “configured for pulling the user’s waist”
Claim 6, page 3, lines 11 – 12 discloses “the massage ball is positioned on the user’s upper waist” and it is recommended to change to “the massage ball configured to be positioned on the user’s upper waist”
Claim 6, page 3, lines 13 – 14 discloses “at least one airbag included in the leg massage part in order to fix user’s leg” and it is recommended to change to “at least one airbag included in the leg massage part configured in order to fix user’s leg”
Claim 6, page 3, lines 15 – 16 discloses “the body massage part in order to fix an upper body of the user” and it is recommended to change to “the body massage part configured in order to fix an upper body of the user”
Claim 7, page 3, lines 23 – 24 discloses “the first coupling part and second coupling part are coupled to fix the upper body of the user” and it is recommended to be changed to “the first coupling part and second coupling part are configured to be coupled to fix the upper body of the user”
Claim 8, page 4, lines 4 -5 discloses “the massage ball is positioned on the user’s upper waist” and it is recommended to be changed to “the massage ball configured to be positioned on the user’s upper waist”
Claim 9, page 4, lines 11 – 12 discloses “the massage ball is positioned on the user’s lower waist” and it is recommended to be changed to “the massage ball is configured to be positioned on the user’s lower waist”
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.
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:
“massage module” in claim 1, 3 – 6 & 8 - 10.
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.
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, 3, 5 – 6 & 8 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (WO 2019139213 A1) in view of Mizuguchi et al. (JP 2021121314 A), Park et al. (KR 20200140593 A) & Oguri et al. (JP 2002369853 A)
Regarding claim 1, A method for operating a massage apparatus 1000, comprising:
controlling, by a control unit 1200, a back frame 150 to recline backward with respect to a hip frame 250 so that a user becomes a lying posture (Figure 3b & 4 / Page 8, Paragraph 1);
controlling a location of a massage module 500 which is movable along the back frame 150 and the hip frame 250 so that a massage ball is positioned on a user's waist (Page 10, last paragraph / Page 1, Paragraph 1); and
injecting air into an airbag. (Page 6, last paragraph)
Choi does not disclose controlling, by the control unit, a leg massage part to be lifted up; pulling the user's waist by moving the massage ball in at least one of a first direction and a second direction, and injecting air into a waist airbag, wherein the first direction as a direction parallel to a longitudinal direction of an upper frame is a direction from a hip to a head of the user, and the second direction as a direction perpendicular to the longitudinal direction of the upper frame is a direction from a back to a front of the user.
Mizuguchi discloses controlling, by the control unit 91, a leg massage part 5 to be lifted up. (Page 8, Paragraph 7)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include controlling, by the control unit, a leg massage part to be lifted up as this allows the leg massage part to be able to stretch the lower body by bien able to bend or stretch the legs as it can be in a horizontal and vertical position. (Abstract & Page 8, Paragraph 7)
Oguri discloses pulling the user's waist (Page 9, Second to last paragraph) by moving the massage ball in at least one of a first direction and a second direction (Page 17, Paragraph 10), wherein the first direction as a direction parallel to a longitudinal direction of an upper frame is a direction from a hip to a head of the user (Claim 6 ), and the second direction as a direction perpendicular to the longitudinal direction of the upper frame is a direction from a back to a front of the user / Page 3, Paragraph 4 – 5).
It would have been prima facie obvious to one of ordinary skill prior to the effective filing date to further modify Choi to include pulling the user's waist by moving the massage ball in at least one of a first direction and a second direction, wherein the first direction as a direction parallel to a longitudinal direction of an upper frame is a direction from a hip to a head of the user, and the second direction as a direction perpendicular to the longitudinal direction of the upper frame is a direction from a back to a front of the user as being able to move the massage balls up and down the backrest allows for a comfortable rolling massage to be performed and the user can be guided to a full-scale massage. (Page 4, Paragraph 10 – 11) By moving the massage ball in a direction from a back to a front of the user as the massage ball moves to the rearmost position where the massage ball is in contact with the treatment target and is massaged in the advanceable / retractable range of the massage ball drive unit. (Page 3, Paragraph 4 – 5) Also, it is able to change the depth of contact of the massage ball with the body can be increased and it makes it possible to do a variety of massages by performing fade-in massage as a break in massage to make the body adapted to the massage balls and the massage effect can be further enhanced. (Page 4, Paragraph 8)
Park discloses injecting air into a waist airbag 109 (Note: Based on figure 2, reference number 209 is described as an air bag that is focused on the pelvis, however, it discloses it may also compress the lower back which is considered the waist / Page 4, Paragraph 7 – 8)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify the massage module of Choi to include injecting air into a waist bag as it could provide two separate functions based on the pressure excerted on the airbag. The airbag is able to perform a massage operation known as “massage air” when it received a pressure or amount of air that is greater than that of the fixed air, which is done when the massage ball excerts pressure on the bag. Also, it provides the function of positioning a user’s body when the level of pressure or air does not strongly compress the human body. (Page 4, Paragraph 7 & 8)
Regarding claim 3, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 1.
Modified Choi discloses wherein the pulling of the user's waist includes controlling, by the control unit 1200, the location of the massage module so that the massage ball is positioned on a user's upper waist (as claimed in claim 1 / Page 10, last paragraph / Page 1, Paragraph 1);
injecting air into the waist airbag (as claimed in claim 2);
moving the massage ball in the second direction so that the massage ball pressurizes the user (as claimed in claim 2);
moving the massage module in the direction opposite to the first direction (Note: based on the previous claimed, the examiner considers the first direction to be an up direction towards the shoulders) so that the massage ball is positioned on a user's lower waist (Park, Page 9, Paragraph 7);
discharging air from the waist airbag (as claimed in claim 2);
moving the massage ball in the direction opposite to the second direction so that the massage ball does not pressurize the user (as claimed and described in claim 2) ; and
moving the massage module in the first direction (Note: based on the previous claimed, the examiner considers the first direction to be an up direction towards the shoulders) so that the massage ball is positioned on the user's upper waist (Park, Page 9, Paragraph 7).
Regarding claim 5, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 4.
Modified Choi discloses wherein the massage apparatus 1000 for pulling a spine includes a body massage part 1, the leg massage part 3, and the control unit 1200 controlling an operation of the massage apparatus 1000, and
the body massage part 1 includes a main frame 1100 including a base frame 400, the upper frame 15, and a lower frame 600,
a massage module 500 including the massage ball which is movable in the first direction or the direction opposite to the first direction along the upper frame 15, and movable in the second direction or the direction opposite to the second direction (as claimed in claim 1), and providing a massage to the user (as claimed in claim 1).
pulling the user's waist (Note: The examiner considers this by doing the massage actions as described in claim 1).
Modified Choi does not expressly disclose the waist airbag placed adjacent to a frame rotation axis between the back frame and the hip frame included in the upper frame.
Park discloses each air bag section consisting of 2 airbags in a left and right configuration. (Page 5, Paragraph 4)
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include the waist airbag placed adjacent to a frame rotation axis between the back frame and the hip frame included in the upper frame as the frame rotation axis is considered to go right in the middle of the upper frame and it has been disclosed that there are two waist air bags in each side of the frame. Meaning bot would be adjacent to the frame rotation axis. However, there is not established criticality to the location of the air bags MPEP § 2144.05, 716.02, however, based on the fact that the massage module travels through the upper frame based on this axis, it would be obvious for the air bags to be adjacent as the modules have contact with the air bags. (Page 5, Paragraph 4)
Regarding claim 6, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 5.
Park further discloses injecting air into the at least one airbag 129 & 419 placed at both sides of the body massage part in order to fix an upper body of the user (Figure 2 & Page 4, Paragraph 7).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include injecting air into the at least one airbag placed at both sides of the body massage part in order to fix an upper body of the user as the airbags needs only a level of pressure or air that does not strongly compress the human body in order to position the user’s body being considered the as “fixed air”. (Page 4, Paragraph 7)
Modified Choi discloses wherein the controlling of the location of the massage module by the control unit so that the massage ball is positioned on the user's upper waist (as claimed in claim 1).
Modified Choi does not disclose includes injecting air into at least one airbag included in the leg massage part in order to fix user's legs.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to includes injecting air into at least one airbag included in the leg massage part in order to fix user's legs as the airbags needs only a level of pressure or air that does not strongly compress the human body in order to position the user’s body being considered the as “fixed air”. (Page 4, Paragraph 7) It would have been obvious to control both actions simultaneously as it would allow the legs to be fixed and position the body to receive the massage in the upper waist.
Regarding claim 8, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 7.
Modified Choi discloses a sensor portion 1300 that can acquire various information using at least one sensor. One of the sensors can detect the contact position through the sensor. Also, it allows the massage apparatus to recognize the shoulder position of the user based on the information acquired through the sensor unit in order to provide the shoulder massage. (Page 8, Paragraph 9 – 10)
Modified Choi does not expressly disclose comprising:
checking, by the control unit, whether the first coupling part is coupled to the second coupling part based on a signal of a sensor unit; and
controlling, by the control unit, the location of the massage module so that the massage ball is positioned on the user's upper waist when the first coupling part is coupled to the second coupling part, wherein the sensor unit is a contact sensor sensing whether the first coupling part and the second coupling part are in contact with each other.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include checking, by the control unit, whether the first coupling part is coupled to the second coupling part based on a signal of a sensor unit and controlling, by the control unit, the location of the massage module so that the massage ball is positioned on the user's upper waist when the first coupling part is coupled to the second coupling part, wherein the sensor unit is a contact sensor sensing whether the first coupling part and the second coupling part are in contact with each other as it would ensure obtaining information on the belt to know if it is in contact with each other and the controller is able to ensure that the user is fixed into the seat to begin the massage. This is considered obvious information that can be acquired from a sensor and can be used for different parts of the device to provide the same function of verification and acquired information. (Page 8, Paragraph 9 – 10)
Regarding claim 9, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 3.
Modified Choi discloses the user input unit that received commands related to the operation control of the massage device from a user. This includes operations of the massage portion and position. (Page 9, Paragraph 2 – 3)
Modified Choi does not disclose wherein the moving of the massage module in the direction opposite to the first direction so that the massage ball is positioned on the user's lower waist includes controlling the leg massage part to be lowered, and
the discharging of air from the waist airbag includes controlling the leg massage part to be lifted up.
However, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include wherein the moving of the massage module in the direction opposite to the first direction so that the massage ball is positioned on the user's lower waist includes controlling the leg massage part to be lowered and the discharging of air from the waist airbag includes controlling the leg massage part to be lifted up as it is considered a waist stretching mode that can be inputted by the user to the device and user as a mode. (Page 9, Paragraph 2 – 3)
Regarding claim 10, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 5.
Modified Choi discloses wherein the massage module 500 includes a module base frame (Figure 3a discloses the frame to be what the massage roller is connected to) forming a framework of the massage module 500 (Figure 3a);
a massage ball rotation axis coupled to the module base frame (Figure 3a) and extending left and right (Note: the examiner considers this to be left and right when the user sits down).
Modified Choi does not disclose a massage ball frame rotating based on the massage ball rotation axis; and the massage ball connected to the massage ball frame, and
when the massage ball frame is rotated based on the massage ball rotation axis,
the massage ball protrudes in the second direction by a first distance, and moves in the direction opposite to the first direction by a second distance from an initial state of the massage ball, and the first distance is 5 cm or more and 15 cm or less, and the second distance is 5 cm or more and 10 cm or less.
Park discloses a massage ball frame 650 rotating based on the massage ball rotation axis (Page 8, Last Paragraph / Figure 3); and
the massage ball connected to the massage ball frame 650 (Page 8, Last Paragraph), and the massage ball frame 650 is rotated based on the massage ball rotation axis (Page 8, Last Paragraph)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include a massage ball frame rotating based on the massage ball rotation axis and the massage ball connected to the massage ball frame and when the massage ball frame is rotated based on the massage ball rotation axis so that the message frame is able to move to provide a massage feeling according to the rotational movement of the massage ball. (Page 8, Last Paragraph)
Park does not disclose the massage ball protrudes in the second direction by a first distance, and moves in the direction opposite to the first direction by a second distance from an initial state of the massage ball, and the first distance is 5 cm or more and 15 cm or less, and the second distance is 5 cm or more and 10 cm or less.
However, there is no criticality disclosed as to why the massage ball must protrude in two different directions with different distances. MPEP § 2144.05, 716.02. However, it is disclosed that the massage ball is moved vertically and horizontally making it possible to provide an optimal massage suitable for the user’s curves. (Park, Page 7, paragraph 5 – 6)
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (WO 2019139213 A1) in view of Mizuguchi et al. (JP 2021121314 A), Park et al. (KR 20200140593 A) & Oguri et al. (JP 2002369853 A) as claimed in claim 1, in view of Kong et al. (KR 20200033445 A).
Regarding claim 2, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 1.
Modified Choi discloses wherein the pulling of the user's waist includes moving the massage ball in the second direction (as claimed in claim 1);
moving the massage ball in a direction opposite to the second direction (as claimed in claim 1);
moving the massage ball in the first direction or a direction opposite to the first direction (as claimed in claim 1).
Modified Choi does not disclose injecting air into the waist airbag simultaneously with, immediately before, or immediately after the moving of the massage ball in the second direction;
and discharging air from the waist airbag simultaneously with, immediately before, or immediately after the moving of the massage ball in the direction opposite to the second direction.
Kong discloses the air is injected into the air cell when the user’s body part is compressed by the massage module. (Page 8, Second to last paragraph)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the air cells of Choi to inject air into the waist airbag simultaneously with the moving of the massage ball in the second direction and discharging air from the waist airbag simultaneously with the moving of the massage ball in the direction opposite to the second direction as the combination of the massage module and the air cell being filled makes the effect of the massager to be enhanced. (Page 8, Second to last paragraph) Kong discloses the airbag gets injected with air when there is pressure exerted on it meaning it would be obvious for the air to be discharged immediately when the airbag is not provided pressure.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (WO 2019139213 A1) in view of Mizuguchi et al. (JP 2021121314 A), Park et al. (KR 20200140593 A) & Oguri et al. (JP 2002369853 A) as claimed in claim 3, in view of Kentaro et al. (JP 6986609 B2).
Regarding claim 4, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 3.
Modified Choi discloses wherein the controlling of the location of the massage module by the control unit so that the massage ball is positioned on the user's upper waist (as claimed in claim 1)
Modified Choi also discloses the user input unit that received commands related to the operation control of the massage device from a user. This includes operations of the massage portion and position. (Page 9, Paragraph 2 – 3)
However, Modified Choi does not disclose includes controlling the back frame to recline backward, and controlling, by the control unit, the leg massage part to be lifted up.
Kentaro discloses wherein the waist stretch mode includes inflating the waist lateral bag and having the backrest be reclined and the footrest be lifted. (Page 7, Paragraph 4 – 10)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include controlling the back frame to recline backward, and controlling, by the control unit, the leg massage part to be lifted up as it is disclosed that it is a known waist stretch mode that is able to have the control automatically tilt the backrest and lift the footrest while also allowing the waist to be pulled. (Page 7, Paragraph 4 – 10) Based on the user input of Choi, it would be obvious for the user to be able to input this operation into the device in order to stretch the waist. (Page 9, Paragraph 2 – 3)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (WO 2019139213 A1) in view of Mizuguchi et al. (JP 2021121314 A), Park et al. (KR 20200140593 A) & Oguri et al. (JP 2002369853 A) as claimed in claim 3, in view of Hwang et al. (KR 20080006926 A).
Regarding claim 7, Modified Choi discloses the method for operating a massage apparatus as claimed in claim 5.
Modified Choi does not disclose wherein the massage apparatus includes an upper body fixing unit coupled to a cover of the body massage part, and positioned in the first direction from the waist airbag and having a belt shape extending left and right; and
the upper body fixing unit has a first coupling part formed on one surface of one side and a second coupling part formed on the other surface of the other side, and the first coupling part and the second coupling part are coupled to fix the upper body of the user.
Hwang discloses wherein the massage apparatus includes an upper body fixing unit coupled to a cover of the body massage part, and having a belt shape extending left and right; and
the upper body fixing unit has a first coupling part formed on one surface of one side and a second coupling part formed on the other surface of the other side, and the first coupling part and the second coupling part are coupled to fix the upper body of the user.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Choi to include an upper body fixing unit coupled to a cover of the body massage part, and having a belt shape extending left and right and the upper body fixing unit has a first coupling part formed on one surface of one side and a second coupling part formed on the other surface of the other side, and the first coupling part and the second coupling part are coupled to fix the upper body of the user as the waist band is able to immobilize the waist of the user and the waist fixing arms are able to be fixed by adjusting in accordance with the waist of the user. (Abstract & Page 4, Paragraph 3)
Based on this modification, modified Choi discloses positioned in the first direction from the waist airbag. (as claimed in claim 1)
Conclusion
Other references found that include similar limitations and functions of the device: Fukuda et al. (WO 2009013893 A1), Shimizu et al (JP 2005218511 A) & Jeon et al. (KR 102056545 B1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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