DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 June 2024 has been considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 & 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reiter (EP 0598238).
Regarding claim 1, Reiter teaches a stimulus applying (massage) device, comprising:
an actuator (drive unit) 2 and a housing 11, wherein
the actuator includes a movable main body (moving drive part) 4, a protrusion part (dynamic massage element) 3 that protrudes from the movable main body 4 and includes a head part 25 configured to locally contact with a (pressing) surface 7 of a subject (body) 5 during use of the stimulus applying device, and a fixed body (housing) 11 with a configuration such that the head part 25 is disposed outside the fixed body, and the movable main body 4 is housed inside the fixed body, and
the actuator generates a movement of the movable main body 4 in a movement direction along a protruding direction of the protrusion part 3 by electromagnetic drive and locally applies a stimulus to the surface 7 by the movement (abstract), and
the housing 11 includes a main surface (static massage elements) 6 that extends around the head part 25 in a direction intersecting the movement direction, and the housing 11 allows the main surface 6 to contact with the surface 7 during the use to regulate a position of the surface in the movement direction (i.e., the static massage element 6 rests against the body 5 to be massaged, whereas the dynamic massage element 3 moves relative to the static massage device; abstract; Figs.1&4).
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Regarding claim 2, the main surface 6 includes an opening (not numbered) surrounding the head part 25; and a position of the opening in the movement direction coincides with a position of the head part 25 in the movement direction when the movable main body is not moving (Figs.1&4).
Regarding claim 3, the head part 25 has a cylindrical shape (implied by spacer “tube” 19) with an end surface of the head part 25 being a flat surface…; and the position of the opening in the movement direction coincides with a position of the flat surface…when the movable main body is not moving (Fig.4).
Regarding claim 4, an inclination generating part (rounded contour of static elements 6) causes the surface 7 to be inclined with respect to a plane perpendicular to the protruding direction when the surface is in contact with the head part (Figs.1&4).
Regarding claim 5, the housing 11 is fixed to a base part (e.g., head carriers/ guide) 18/20 while the fixed body 11 is immovably positioned (Figs.4-5).
Regarding claim 6, the base part 18/20; and a holding part (back rest) 38 that is connected to the base part and holds the subject in such a way that the surface 7 is in contact with the main surface (Figs.4-6).
Regarding claim 7, the housing 11 and the base part 18/20 have a rigidity such that the housing and the base part do not deform due to pressure applied from the surface to the main surface when the subject is held by the holding part (inherent to massage head carrier structure supporting massage heads and permitting vibration force to be transmitted).
Claims 1-2 & 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fang et al. (CN 212327194).
Regarding claim 1, Fang teaches a stimulus applying device (neck massager) comprising:
an actuator (magnet) 221 and a housing (elastic bracket) 1, wherein
the actuator includes a movable main body (coil) 2221, a protrusion part 2222 that protrudes from the movable main body and includes a head part (massage sheet) 21 configured to locally contact with a surface of a subject during use of the stimulus applying device, and a fixed body 24 with a configuration such that the head part 21 is disposed outside the fixed body, and the movable main body 2221 is housed inside the fixed body, and
the actuator generates a movement of the movable main body 2221 in a movement direction along a protruding direction of the protrusion part 2222 by electromagnetic drive and locally applies a stimulus to the surface by the movement (i.e., when coil assembly 222 is connected with AC current, it is subjected to axial periodic movement so as to drive the massage sheet 21 relative to the elastic bracket 1 close to the human neck part (p.4, English machine translation), and
the housing 1 includes a main surface (not numbered) that extends around the head part 21 in a direction intersecting the movement direction, and the housing allows the main surface to contact with the surface (i.e., of human neck) during the use to regulate a position of the surface in the movement direction (c.3:8-18; Figs.1-3).
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Regarding claim 2, the main surface includes an opening (not numbered) surrounding the head part; and a position of the opening in the movement direction coincides with a position of the head part 21 in the movement direction when the movable main body is not moving (Fig.2).
Regarding claim 4, an inclination generating part (curved rim of opening in housing main surface 1) that causes the surface to be inclined with respect to a plane perpendicular to the protruding direction when the surface is in contact with the head part (Fig.2).
Regarding claim 5, the housing 1 is fixed to a base part (connecting sections 233/234) while the fixed body 24 is immovably positioned (Fig.2).
Regarding claim 6, the base part 233/234; and a holding part (i.e., elastic bracket) 1 that is connected to the base part and holds the subject in such a way that the surface is in contact with the main surface (Fig.1).
Regarding claim 7, the housing 1 and the base part 233/234 have a rigidity such that the housing and the base part do not deform due to pressure applied from the surface to the main surface when the subject is held by the holding part (i.e., elastic bracket comprises plastic).
Regarding claim 8, the holding part is a belt or clothing that is configured to be attached to the subject during the use (i.e., elastic bracket for placement on a user’s neck; abstract; Fig.1).
Claims 1-2 & 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liddiard (GB 349,679).
Regarding claim 1, Liddiard teaches a stimulus applying device, comprising:
an actuator (solenoid) 4 and a housing 1, wherein
the actuator includes a movable main body (plunger/movable core) 5, a protrusion part that protrudes from the movable main body 5 and includes a head part (diaphragm) 6 configured to locally contact with a surface of a subject during use of the stimulus applying device, and a fixed body (e.g, casing of solenoid 4 & cage 8) with a configuration such that the head part 6 is disposed outside the fixed body, and the movable main body 5 is housed inside the fixed body, and
the actuator generates a movement of the movable main body 5 in a movement direction along a protruding direction of the protrusion part by electromagnetic drive and locally applies a stimulus to the surface by the movement, and
the housing includes a main surface (cap) 2 that extends around the head part 6 in a direction intersecting the movement direction, and the housing allows the main surface to contact with the surface during the use to regulate a position of the surface in the movement direction (i.e., the diaphragm is held in contact with part of body to administer a vibro massage to that part in the form of rapid pulsations; p.1:35-39; Fig.1).
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Regarding claim 2, the main surface 2 includes an opening (not numbered) surrounding the head part 6; and a position of the opening in the movement direction coincides with a position of the head part in the movement direction when the movable main body is not moving (Fig.1).
Regarding claim 4, an inclination generating part (i.e., bell-mouth of cap 2) causes the surface to be inclined with respect to a plane perpendicular to the protruding direction when the surface is in contact with the head part 6 (Fig.1).
Regarding claim 5, the housing 1 is fixed to a base part (e.g., cap) 3 while the fixed body 4/8 is immovably positioned (Fig.1).
Claims 1-2 & 4-5 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Snyder (US 2,452,798).
Regarding claim 1, Snyder teaches a stimulus applying (massaging) device, comprising:
an actuator (core/solenoid) 10/18 and a housing 1, wherein
the actuator includes a movable main body (armature arm) 16, a protrusion part that protrudes from the movable main body and includes a head part (applicator) 28 configured to locally contact with a surface of a subject during use of the stimulus applying device, and a fixed body (casing) 1 with a configuration such that the head part 28 is disposed outside the fixed body, and the movable main body 16 is housed inside the fixed body, and
the actuator generates a movement of the movable main body in a movement direction along a protruding direction of the protrusion part 28 by electromagnetic drive and locally applies a stimulus to the surface by the movement, and
the housing includes a main surface (not numbered) that extends around the head part 28 in a direction intersecting the movement direction, and the housing allows the main surface to contact with the surface during the use to regulate a position of the surface in the movement direction (c.3:8-18; Figs.1-2).
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Regarding claim 2, the main surface includes an opening (not numbered) surrounding the head part 28; and a position of the opening in the movement direction coincides with a position of the head part in the movement direction when the movable main body is not moving (Fig.2).
Regarding claim 4, an inclination generating part (i.e., curved part of applicator) causes the surface to be inclined with respect to a plane perpendicular to the protruding direction when the surface is in contact with the head part (Fig.2).
Regarding claim 5, the housing is fixed to a base part while the fixed body 1 is immovably positioned (Fig.2).
Claims 1-2 & 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saker (GB 1548917).
Regarding claim 1, Saker teaches a stimulus applying (percussive) device, comprising:
an actuator (armature/windings) 18/19/20 and a housing 2, wherein the actuator includes a movable main body (armature) 18, a protrusion part (element) 22 that protrudes from the movable main body and includes a head part (pad) 24 configured to locally contact with a surface of a subject during use of the stimulus applying device (i.e., element 22 strikes patient’s skin; p.2:71-73) and a fixed body (former) 13 with a configuration such that the head part 24 is disposed outside the fixed body, and the movable main body 18 is housed inside the fixed body, and
the actuator generates a movement of the movable main body in a movement direction along a protruding direction of the protrusion part 22 by electromagnetic drive and locally applies a stimulus to the surface by the movement (p.1:62-84; p.2:71-73), and
the housing 2 includes a main surface (lower end) 26 that extends around the head part 24 in a direction intersecting the movement direction, and the housing allows the main surface 26 to contact with the surface during the use to regulate a position of the surface in the movement direction (p.1:62-84; p.2:71-73; Fig.1).
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Regarding claim 2, the main surface 26 includes an opening (not numbered) surrounding the head part 24; and a position of the opening in the movement direction coincides with a position of the head part in the movement direction when the movable main body is not moving (Fig.1).
Regarding claim 3, the head part has a cylindrical shape with an end surface 25 of the head part 24 being…a dome shape (concave surface) with the end surface being a spherical surface; and the position of the opening in the movement direction coincides with a position of …an apex of the spherical surface in the movement direction when the movable main body is not moving (Fig.1).
Regarding claim 4, an inclination generating part (concave surface) 25 causes the surface to be inclined with respect to a plane perpendicular to the protruding direction when the surface is in contact with the head part 24 (Fig.1).
Regarding claim 5, the housing 2 is fixed to a base part (cap) 4 while the fixed body 13 is immovably positioned (Fig.1).
Claims 1-2 & 5-7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Renzi (US 5,583,478).
Regarding claim 1, Renzi teaches a stimulus applying (tactile) device, comprising:
an actuator 21 and a housing 35, wherein the actuator includes a movable main body (magnet) 33, a protrusion part (contactor) 34 that protrudes from the movable main body and includes a head part (i.e., end of contactor) configured to locally contact with a surface of a subject (finger) 14 during use of the stimulus applying device (i.e., magnet pushes contactor forward to contact skin; abstract; c.8:66-c.9:3), and a fixed body (coil) 36 with a configuration such that the head part is disposed outside the fixed body, and the movable main body 33 is housed inside the fixed body, and
the actuator generates a movement of the movable main body in a movement direction along a protruding direction of the protrusion part 34 by electromagnetic drive and locally applies a stimulus to the surface 14 by the movement (abstract; c.8:66-c.9:3), and
the housing includes a main surface (spool) 31 that extends around the head part in a direction intersecting the movement direction, and the housing allows the main surface 31 to contact with the surface 14 during the use to regulate a position of the surface in the movement direction (abstract; c.8:66-c.9:3; Fig.6).
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Regarding claim 2, the main surface 31 includes an opening (bore hole) 39 surrounding the head part; and a position of the opening in the movement direction coincides with a position of the head part in the movement direction when the movable main body is not moving (Fig.4).
Regarding claim 5, the housing is fixed to a base part 19 while the fixed body 1 is immovably positioned (Fig.2).
Regarding claim 6, the base part 19; and a holding part (glove) 18 that is connected to the base part 19 and holds the subject (finger) 14 in such a way that the surface 14 is in contact with the main surface (Fig.6).
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.
Claims 6-8 are is/are rejected under 35 U.S.C. 103 as being unpatentable over any of Liddiard, Snyder or Saker as applied to claim 5, further in view of Zicherman (US 6,196,990).
Liddiard, Snyder & Saker each teach a base but not a holding part that is connected to the base part and holds the subject in such a way that the surface is in contact with the main surface.
But, Zicherman teaches a wearable device comprising vibrators 3a, 3b with base parts (slides) 4a/4b and main surfaces (heads) 14/18 in contact with a surface (wearer’s abdomen) AB by means of a holding part (holder/belt) 2 that is connected to the base part and holds the subject in such a way that the surface AB is in contact with the main surface 14/18 (c.3:56-c.4:7; Figs.1-3). The holder thus enables each vibrator to be located so as to apply mechanical vibrations to opposite sides of the abdomen surfaces of the subject (c.3:29-35).
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It would thus have been obvious before the effective filing date to provide Liddiard, Snyder or Saker with a holding part that is connected to the base part and holds the subject in such a way that the surface is in contact with the main surface since Zicherman teaches the holder would have enabled each vibrator to be located so as to apply mechanical vibrations to opposite sides of the abdomen surfaces of the subject
Regarding claim 7, the combinations intrinsically teach function that the respective housings and the base parts have “a rigidity such that the housing and the base part do not deform due to pressure applied from the surface to the main surface when the subject is held by the holding part” [sic] since Liddiard teaches the solenoid is iron clad (c.2:48), Snyder’s casing 1 comprises molded plastic (c.2:1) and Saker’s housing comprises plastics (p.2:21-23).
Regarding claim 8, Zicherman teaches a wearable device wherein the holding part is a belt 2…that is configured to be attached to the subject during the use (c.3:56-63; Fig.1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BURTON S MULLINS whose telephone number is (571)272-2029. The examiner can normally be reached 9-5. 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, Tulsidas C Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BURTON S MULLINS/Primary Examiner, Art Unit 2834
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