DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1-3 are objected to because of the following informalities:
In claim 1, line 2: “a first accommodating chamber” should apparently read --wherein a first accommodating chamber--.
In claim 1, line 3: “a through hole” should apparently read --wherein a through hole--.
In claim 1, line 4: “the through hole” should apparently read --wherein the through hole--.
In claim 1, line 5: “massage bulges” should apparently read --wherein massage bulges--.
In claim 1, line 6: “a driving mechanism” should apparently read --wherein a driving mechanism--.
Regarding claims 1 and 2, it is suggested that each recitation of “the through hole (213) for extension and retraction” (i.e., lines 4, 5, 8, and 13 of claim 1; line 8 of claim 2) be amended to simply --the through hole (213)-- for further clarity.
In claim 2, line 7: “the resisting blocks” should apparently read --the plurality of resisting blocks--.
In claim 3, line 11 (two instances): “the swinging rod” should apparently read --the crescent swinging rod--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a driving mechanism and a reset mechanism in claim 1. The driving mechanism is taught to comprise a driving motor and a push rod, while the reset mechanism is taught to comprise an elastic ring or a silica gel sleeve.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitations "the driving action" in lines 10-11 and “the body portion” in lines 11-12. There is insufficient antecedent basis for these limitations in the claim.
Claim 1 also recites the limitation “the reset mechanism achieves that the body portion of each massage bulge (24) protruding out of the outer surface of the massage shell (21) retracts into the through hole (213) for extension and retraction” in lines 11-13. This does not make grammatical/syntactical sense. Suggested language would be something like --the reset mechanism causes the portion of the body of each massage bulge (24) protruding out of the outer surface of the massage shell (21) to be retracted into the through hole (213)--.
Claim 2 recites the limitation “the push rod (25) does rising, falling, and/or rotating motion under the driving action of the driving motor” in lines 3-5. This does not make grammatical/syntactical sense. Suggested language would be something like --the driving motor drives the push rod (25) in rising, falling, and/or rotating motion--.
Claim 2 also recites the limitations "the driving action" in line 4 and “the surface” in line 5. There is insufficient antecedent basis for these limitations in the claim.
Claim 2 also recites the limitation “the resisting blocks (251) intermittently resist against the massage bulges (24)” in line 7. It is not clear what is meant by “resist against” in this limitation; does this merely mean that they contact each other, or does it mean that they resist/prevent the motion of the massage bulges, or something else?
Claim 6 recites the limitation “wherein the massage shell (21) comprises a left massage shell (211) and a right massage shell (212) which are connected to each other in a covered manner” in lines 1-3. It is not clear what is meant by “in a covered manner” in this limitation; what is being covered? Does one of the massage shell parts cover the other, or do they collectively cover another component, or something else?
Claim 7 recites the limitation “the base body shell comprises a left base body shell (31) and a right base body shell (32) which are connected to each other in a covered manner” in lines 1-3. It is not clear what is meant by “in a covered manner” in this limitation; what is being covered? Does one of the base body shell parts cover the other, or do they collectively cover another component, or something else?
Claim 8 recites the limitation “an outer side of the massage shell” in line 2. It is not clear if this is intended to refer to the previously recited outer surface of the massage shell.
Claim 10 recites the limitation “a second vibration motor” in lines 2-3. However, no first vibration motor has been recited in this claim. It is not clear if this is intending to implicitly recite a first vibration motor (such that there are two vibration motors) or if “second” is arbitrary and only a single vibration motor is being claimed.
Claims 2-10 are rejected by virtue of their dependence upon at least one rejected base claim.
Claim Rejections - 35 USC § 102
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 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, 2, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 104856870 A).
Regarding claim 1, Xu discloses an expansion massage device (Abstract; Figs. 1, 2), comprising a massage head, wherein the massage head comprises a massage shell 1, a first accommodating chamber is formed in the massage shell, a through hole 1.1 for extension and retraction is provided on the massage shell, the through hole for extension and retraction penetrates through the massage shell, massage bulges 5 are slidably connected into the through hole for extension and retraction, a driving mechanism 2/3 is arranged in the first accommodating chamber, the driving mechanism is able to drive the massage bulges to extend outwards from the through hole for extension and retraction, so that a portion of a body of each massage bulge protrudes out of an outer surface of the massage shell, the massage bulges are connected to a reset mechanism 4; and when the driving mechanism relieves the driving action on the massage bulges, the reset mechanism achieves that the body portion of each massage bulge protruding out of the outer surface of the massage shell retracts into the through hole for extension and retraction (“comprising a wall provided with a through hole of the cylindrical shell, a motor fixed in the shell and sleeved outside the motor and connected with the output shaft of the motor is connected with the driving sleeve; each through hole is provided with a massage acupuncture point of human body, the outer side wall of the driving sleeve is set with rotational energy intermittently the massager out shell wall surface of the bulge, said shell is sleeved with an elastic sleeve is adhered with the convex outer end; the massage under the bump of the drive sleeve is intermittently out of the wall surface of the shell and under the compression of the elastic sleeve to retract”; the acupuncture point physical therapy massager of the invention, comprising a wall provided with a through hole 1.1 of the cylindrical shell 1, fixed on the shell in 1 of a motor 2, the motor 2 and the output shaft connected with the motor 2 of the drive sleeve 3, each through hole 1.1 is provided with a massage 5 for massaging human acupuncture points, the massage body 5 can be a ball or cylinder, the two ends of the column body is a spherical surface; the middle is a cylinder; the massage body 5 can also be with magnetism. the driving sleeve 3 is equipped with the intermittent massage 5 housing 1 outer surface of the bulge 3.1, the shell 1 is sleeved with intermittent compression to drive sleeve 3 when rotating the ejector housing 1 wall surface of the protrusion 3.1 of the elastic sleeve 4 when rotating, the massage body 5 under the drive sleeve 3 of the bulge 3.1 is pushed out of the shell 1 wall surface under elastic compression sleeve 4 to retract”).
Regarding claim 2, Xu discloses that a lower end of the massage head is connected with a base body 7 (“end cap 7, the connecting piece 6 is arranged in the housing 1, one end of which is fixed with the tail end of the motor 2, and the other end is connected with the end cover 7 is fixed and provided with a circumferential limit structure, the end cover 7 is fixed on the tail end of the shell 1”), the driving mechanism comprises a driving motor 2 and a push rod 3 driven by and connected to the driving motor (“the motor 2 and the output shaft connected with the motor 2 of the drive sleeve 3”), the push rod does rising, falling, and/or rotating motion under the driving action of the driving motor, a plurality of resisting blocks 3.1 protruding out of the surface are arranged on an outer surface of the push rod, and in a motion process of the push rod, the resisting blocks intermittently resist against the massage bulges, so that the massage bulges extend towards an outer side of the through hole for extension and retraction (“the driving sleeve 3 is equipped with the intermittent massage 5 housing 1 outer surface of the bulge 3.1, the shell 1 is sleeved with intermittent compression to drive sleeve 3 when rotating the ejector housing 1 wall surface of the protrusion 3.1 of the elastic sleeve 4 when rotating, the massage body 5 under the drive sleeve 3 of the bulge 3.1 is pushed out of the shell 1 wall surface”).
Regarding claim 8, Xu discloses that the reset mechanism is an elastic ring 4, and the elastic ring sleeves an outer side of the massage shell and is elastically connected to the massage bulges (Fig. 2; “the massage body 5 under the drive sleeve 3 of the bulge 3.1 is pushed out of the shell 1 wall surface under elastic compression sleeve 4 to retract. the shell 1 is further provided with switch and port, which can be connected through with USB interface through a connecting line. the elastic sleeve is made of latex, of course, also can be silica gel, rubber and other elastic materials”; such a cylindrical sleeve is taken to comprise a ring).
Regarding claim 9, Xu discloses that the reset mechanism is a silica gel sleeve 4 and the silica gel sleeve is wrapped around a periphery of the massage head and is elastically connected to the massage bulges (Fig. 2; “the massage body 5 under the drive sleeve 3 of the bulge 3.1 is pushed out of the shell 1 wall surface under elastic compression sleeve 4 to retract. the shell 1 is further provided with switch and port, which can be connected through with USB interface through a connecting line. the elastic sleeve is made of latex, of course, also can be silica gel, rubber and other elastic materials”).
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toda (JP 2007082990 A).
Regarding claim 1, Toda discloses an expansion massage device (Abstract; Figs. 1-4), comprising a massage head, wherein the massage head comprises a massage shell 1, a first accommodating chamber is formed in the massage shell, a through hole 11 for extension and retraction is provided on the massage shell, the through hole for extension and retraction penetrates through the massage shell, massage bulges 3 are slidably connected into the through hole for extension and retraction, a driving mechanism 2 is arranged in the first accommodating chamber, the driving mechanism is able to drive the massage bulges to extend outwards from the through hole for extension and retraction, so that a portion of a body of each massage bulge protrudes out of an outer surface of the massage shell, the massage bulges are connected to a reset mechanism, and when the driving mechanism relieves the driving action on the massage bulges, the reset mechanism achieves that the body portion of each massage bulge protruding out of the outer surface of the massage shell retracts into the through hole for extension and retraction (“The case 1 is provided with a connecting portion 130 to which a controller / battery box (not shown) can be attached. The motor 2 is accommodated ahead of the connecting portion 13. The shaft of the motor 2 is connected to a gear box 21 so that the rotational force decelerated here is output to the rotary shaft 22. Note that the case 1 is formed by being divided into two vertically divided parts, and the case 1 is assembled by fixing them together with screw holes 12. Further, the lead wire 20 of the motor 2 is pulled out from the partition wall of the connecting portion 13 and connected to the controller / battery box described above. The battery box contains a dry battery. The controller also includes a slider (not shown) for controlling the rotational speed of the motor 2, that is, for controlling the rhythm of applying pressure to the acupressure protrusion 3 as will be described later. A partition wall 10 that houses the structure around the acupressure protrusion 3 is formed at the tip of the rotating shaft 22 in the case 1. A cam 30 attached to the rotary shaft 22 is rotatably accommodated between the partition walls 10. The cam 31 in this embodiment has an elliptical shape, and is made up of a portion having a large diameter and a portion having a small diameter, as is apparent from FIGS. Therefore, the working portion of the cam as referred to in the present invention is a portion having a large diameter in the cam 31. Further, an opening 11 is formed at a four-fold symmetrical position on the peripheral wall of the case 1 corresponding to the cam 30, and the acupressure protrusion 3 is inserted into the hole 11 from the inside. The acupressure protrusion 3 includes a pressure receiving plate 30 that is wider than the acupressure protrusion 3, so that it does not jump out of the opening portion 11. Therefore, when the rotating shaft 22 rotates with the rotation of the motor 5, the cam 31 rotates, and when the action portion of the cam 31 presses the pressure receiving plate 30, the acupressure protrusion 3 is pushed outward. In addition, when the action portion of the cam 31 does not act on the pressure receiving plate 30, the force for pushing the acupressure protrusion 3 does not act on the acupressure protrusion 3. In this way, by applying or releasing the acupressure protrusion 3, it is possible to apply acupressure stimulation to the inner wall such as a heel. In the massage device of this embodiment, after a controller / battery box (not shown) is attached to the case 1, a cover 4 made of silicon resin as shown by a chain line is hung. Therefore, the acupressure stimulation by the acupressure protrusion 3 is applied to the inner wall such as a heel through the cover 4”).
Regarding claim 6, Toda discloses that the massage shell comprises a left massage shell and a right massage shell which are connected to each other in a covered manner (“Note that the case 1 is formed by being divided into two vertically divided parts, and the case 1 is assembled by fixing them together with screw holes 12”); the first accommodating chamber is formed between the left massage shell and the right massage shell; and a first vibration motor 5 is mounted in the massage shell (“ As described above, the motor 5 is housed in the case 1 on one side of FIG. The lead wire 50 is connected to the controller / battery box described above. An eccentric weight 51 is attached to the shaft of the motor 5. When the motor 5 is turned on, vibration occurs because the eccentric weight 51 is biased and fixed to the rotating shaft. This vibration directly shakes the tip of the case 1, but further extends to the acupressure protrusions 3 arranged in three rows in the four directions. Therefore, when the motor 5 is turned on, a vibration effect can be given to the inner wall of the bag”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Toda, in view of Xu.
Regarding claim 9, Toda discloses the invention as claimed, see rejection supra, and further discloses that the reset mechanism is a sleeve and the sleeve is wrapped around a periphery of the massage head and is elastically connected to the massage bulges (Fig. 1; “Now, in the massage device having the acupressure protrusion according to claim 1, a cover made of a flexible material for covering the case can be hung. A flexible material such as a rubber material, a plastic material, or a cloth material can be arbitrarily used for this cover. Since the acupressure protrusion touching the skin is covered with the cover, the contact is soft and an effective massage action is obtained. Alternatively, the cover may be detachable from the case so that it can be replaced with a favorite cover. Since it is such a structure, it will come to acupressure from the back side of this cover especially with respect to inner walls, such as a delicate wrinkle. Therefore, the hit through such a cover is soft and comfortable”). Toda fails to expressly disclose that the sleeve is a silica gel sleeve. Xu discloses a similar device (Abstract; Figs. 1, 2) comprising a silica gel sleeve 4 wrapped around a periphery of a massage head and elastically connected to massage bulges 5 (Fig. 2; “the elastic sleeve … also can be silica gel, rubber and other elastic materials”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Toda with a silica gel sleeve, as taught by Xu, as this is a known effective material for such a device. This would have been a simple substitution of one known prior art element for another with predictable results, as both references teach the use of flexible, rubber-like elastic materials).
Regarding claim 10, the combination of Toda and Xu discloses the invention as claimed, see rejection supra, and Toda further discloses that a portion of a body of the silica gel sleeve extends outwards to form an auxiliary massage head 7 and a second vibration motor 8 is arranged in the auxiliary massage head (“a protruding portion 7 branched from the side surface portion of the case 1 of the massage device of the second embodiment described above is provided. The protrusion 7 is provided to massage a body part different from the massage device body. Further, a vibrator is provided on the protruding portion 7. That is, a motor 8 is accommodated in the protruding portion 7, and an eccentric weight 81 is attached to the shaft 80 of the motor 8”).
Allowable Subject Matter
Claims 3-5 and 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claims 3-5, none of the prior art of record teaches or reasonably suggests such an extension and retraction mechanism in combination with such an expansion massage device. Regarding claim 7, none of the prior art of record teaches or reasonably suggests such left and right base body shells forming a second accommodating chamber with a battery, control button, charging interface, and circuit board assembly mounted therein, with the control button and charging interface arranged in a pre-provided through hole, in combination with such an expansion massage device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Knyrim (U.S. Pub. No. 2009/0069730 A1) teaches an expansion massage device with massage balls that slide back and forth through guide bores and with a flexible sleeve on the outside of the device. Huang (JP 3189677 U) teaches an expansion massage device with massage bulges that slide back and forth through through holes, with elastic components that return the bulges to their original positions. Kilic (DE 202011108126 U1) teaches an expansion massage device with knobs that move back and forth through a shell. Liao (CN 115531165 A) an expansion massage device with bumps that are driven back and forth through a shell by a plurality of inclined plates attached to a motor, with springs acting as a reset mechanism. Kang (U.S. Pub. No. 2012/0101517 A1) teaches an expansion massage device with a plurality of massage protrusions that are driven back and forth in through-holes by a motor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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