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, 2, 6, and 10 are objected to because of the following informalities:
The phrase “that supports” should be changed to –that is configured to support—to make it clear that the backrest part does not encompass a human organism (Claim 1, Line 2).
The phrase “the other side” should be changed to –another side— since this is the first time this is mentioned (Claim 1, Line 8).
The phrase “that press” should be changed to –configured to press—to make it clear that the pressing members do not encompass a human organism (Claim 1, Lines 12-13).
The phrase “the motor” should be changed to –the one or more motors—for consistency (Claim 2, Line 5).
The phrase “pressing member” should be changed to –pressing members—to correct the grammatical error (Claim 6, Line 2 and Lines 3-4 [two instances]).
The phrase “the other side” should be changed to –another side— since this is the first time this is mentioned (Claim 10, Line 7).
The phrase “performing” should be changed to –the massage unit configured to perform—to make it clear that the massage unit does not encompass an upper arm side part of a human organism (Claim 10, Line 8).
The phrase “presses” should be changed to –that is configured to press-- to make it clear that the pressing members do not encompass a human organism (Claim 10, Line 10).
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:
First massage unit of Claim 1. The corresponding structure is the massage unit 8 described as being capable of providing a massage operation on a back (paragraph 0042; Fig 2).
One or more second massage units of Claim 1. The corresponding structure is 7A and 7B described as being capable of performing a massage operation on a shoulder (paragraph 0039; Fig 2).
One or more pressing members and a pressing member of Claims 1 and 10. The corresponding structure is air cells 72A and 72B which are airbags that inflate and deflate and press on the user (paragraph 0044; Figs 2-3).
A mechanism of Claim 1. The corresponding structure is a support member 71, an outer case 73, and a motor which cause 72A and 72B to perform a two-dimensional massage operation (paragraphs 0045 and 0050; Fig 3).
A conversion mechanism of Claim 2. The corresponding structure is an eccentric cam 731 (paragraph 0071; Figs 3-4).
A massage unit of Claim 10. The corresponding structure is 7A and 7B described as being capable of performing a massage operation on a shoulder (paragraph 0039; Fig 2).
A back massage unit of Claim 10. The corresponding structure is the massage unit 8 described as being capable of providing a massage operation on a back (paragraph 0042; Fig 2).
A support member of Claim 10. The corresponding structure is the support member 71 which holds the pressing members 72A and 72B (paragraph 0045; Fig 3).
A guiding member of Claim 10. The corresponding structure is the guiding member 711 (shown as 711A-711C) which are recesses that control the movement of the guided member 733A (Figs 4 and 6; paragraph 0052).
A guided member of Claim 10. The corresponding structure is guided member 733A which are protrusions that have the movements controlled by the guiding member 711 (Figs 3 and 6, paragraph 0052).
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 4 and 7-11 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 4 states “operating components of the backrest part” (Lines 2-3). This statement is indefinite because it is unclear what components of the backrest part are being referred to. It appears the applicant was trying to say the components are the same as the pressing members or components connected to the pressing members. However, the claim does not identify what components are involved and the backrest part has multiple components including the first massage unit. It is unclear whether these components are the same as the ones referred to here or different. Therefore, the identity of these components cannot be determined. For examination purposes, the claim limitation will be interpreted as the components are the same as the pressing members or components moving along with the pressing members.
Claim 7 states “the massage operation is performed by only the pressing member of the second massage unit on the one side or the second massage unit on the other side” and “in a state where the pressing members of the second massage unit on the one side and the second massage unit on the other side are pressed in the pressing direction” (Lines 4-9). This statement is indefinite because it is unclear how both pressing members are operating when only one pressing member is performing the massage operation at the same time. It appears the applicant was trying to say that only one pressing member is performing the massage operation while the pressing members are turned on or while the device overall is performing a massage operation. However, confusion arises since only one pressing member is being operated to perform the massage but it’s during a state in which both pressing members are operating. Therefore, the number of pressing members being operated during this state cannot be determined. For examination purposes, the claim limitation will be interpreted as the device can operate only one of the pressing members during the overall massage operation. In other words, the pressing members can be independently operated. Similar rejections are applied to Claim 8 (Lines 4-11).
Claim 9 states “according to the determination or intensity of the massage operation of the pressing member of the second massage unit on the determined side is stronger than intensity of the operation of the second massage unit on the other side” (Lines 10-14). This statement is indefinite because it is unclear how this determination is performed when only one pressing member is performing the massage operation. It appears the applicant was trying to say that after both pressing members are performing the massage operation on the user, a determination is made to figure out which massage operation of pressing member has a stronger intensity than the other, and then only one of the pressing members is operated because of this determination. However, confusion arises since a determination of the intensity of the massage operation cannot be made without comparing the massage operation of each pressing member. If one pressing member is not operating, then the other pressing member would inherently have the higher intensity. Therefore, the determination of intensity for each pressing member cannot be determined. For examination purposes, the claim limitation will be interpreted as the device has a sensor and the controller of the device is capable of using the sensor to determine which pressing member to operate after both pressing members are operating on the user.
Claim 10 states “a massage unit” and “a back massage unit” (Lines 1-2). This statement is indefinite because it is unclear if the massage units are the same. It appears the applicant was trying to say the massage unit and the back massage unit are different and distinct. However, the naming of the two units creates confusion as they can be interpreted as the same component. Therefore, the number of massage units involved cannot be determined. For examination purposes, the claim limitation will be interpreted as the two components are different.
Claim 10 states “a massage unit of a massage device” and “a back massage unit” (Lines 1-2). This statement is indefinite because it is unclear if the back massage unit is positively claimed. It appears the applicant was trying to say the back massage unit is not positively claimed and is merely described as intended use with the massage unit. However, since the claim starts off by describing the massage unit of a massage device, it is unclear if the back massage unit is included with the massage device or the massage unit. The claim describes the back massage unit as being a distinct component from the massage unit. Additionally, the back massage unit is described in detail, creating confusion regarding whether or not the back massage unit is positively claimed. Therefore, whether or not the back massage unit is positively claimed cannot be determined. For examination purposes, the claim limitation will be interpreted as the back massage unit is positively claimed and is a distinct component from the massage unit of the massage device.
Claims 9 and 11 are rejected for being dependent on rejected Claims 7 and 10.
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.
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 1-5, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tago et al. (US 2010/0198120 A1) in view of Inada et al. (US 2012/0071799 A1).
Regarding Claim 1, Tago discloses a massage device (apparatus of Fig 1) comprising: a backrest part (3 and 4, Fig 1) that supports a back of a seated user (3 is a backrest section, Fig 1; chair-type massage machine 1, 3 supports the upper body of the user from behind, paragraph 0102); a first massage unit (9, Fig 1) disposed inside the backrest part (9 shown to be disposed inside of 3, Fig 1) and configured to move in a height direction of the seated user to perform a massage operation on the back of the user from the backrest part (9 provided mechanically in backrest section 3 to press back of upper body of user, paragraph 0110; 9 moved up and down inside 3, paragraph 0127); and one or more second massage units (7g and 7h, Fig 1) disposed on each of one side and the other side of the backrest part in a right-left direction (7g and 7h shown to be on both sides of 3 and 4, Fig 1; air cells 7g and 7h correspond to upper arm and shoulder, paragraph 0117), and configured to perform the massage operation on an upper arm side part excluding the back of the user (7g presses outside portions of the upper arm and shoulder, 7h press inside portion of upper arm, paragraph 0117), wherein the one or more second massage units include: one or more pressing members (7g and 7h are air cells, paragraph 0117) that press the upper arm side part of the seated user (7g presses outside portions of the upper arm and shoulder, 7h press inside portion of upper arm, paragraph 0117), and wherein the one or more second massage units are disposed to avoid space where the first massage unit is present (7g and 7h are shown to be placed on 4 to avoid interfering with 9 in 3, Fig 1). Tago also discloses muscles of the entire body of the user can be softened by stretching the entire body after a pressure massage such as rubbing and pounding (paragraph 0193).
Tago fails to disclose a mechanism that causes the pressing members to perform the massage operation including a two-dimensional operation in a plane intersecting a pressing direction of the pressing members.
However, Inada, of the same field of endeavor, teaches a massage machine (Abstract) including a mechanism (apparatus of Fig 13 or M2, Fig 13; M2 depicted as a shoulder component in Fig 1; M2 performs body massage on the backrest part and arm massage on both armrest parts, paragraph 0057; rubbing part 2 is constituted by a plate-shaped coupling part 50 which is supported by the base part 4 through the power transmission part 8, paragraph 0113; the power transmission part 8 and the rubbing driving source 9 constituted by a motor, paragraph 0111) that causes the pressing members (7, Fig 13) to perform the massage operation including a two-dimensional operation in a plane intersecting a pressing direction of the pressing members (Fig 19 shows the movement of 50 which is shown to move up and down and left to right, a two dimensional operation; coupling part 50 is reciprocated once in the front-back direction by a predetermined distance and performs an orbiting action for inclination in the front-back direction while the transmission shaft 18 is rotated once, paragraph 0131; the first rubbing part 12 has air cells 7 which press the external surface of the arm of the person to be treated, paragraph 0115; preferable that the air cell expands and contracts during reciprocation of the rubbing part, paragraph 0020) to perform a rubbing and pressing action on the body parts of the person (paragraph 0005).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of the left and right air cells to have a mechanism that allows for two-dimensional rubbing massage operation of the air cells, as taught by Inada, to perform a rubbing and pressing action on the body parts of the person (Inada: paragraph 0005). Tago already provides a pressing action using air cells and establishes the need to provide rubbing of the muscles to soften the muscles. Inada provides an improvement to Tago by not only providing a pressing action but also providing a rubbing action on the user. This would further improve the massaging experience for the user.
Regarding Claim 2, Tago-Inada combination teaches the mechanism includes: one or more motors configured to drive the one or more second massage units (Inada: the power transmission part 8 and the rubbing driving source 9 constituted by a motor, paragraph 0111; the rubbing driving part 3 includes a rubbing driving source 9 such as a motor and the like driven by the control part 6 and a power transmission part 8 which transmits the rotation power of the rubbing driving source 9 to cause the rubbing part 2 to act, paragraph 0122), and a conversion mechanism (Inada: 58, Figs 15-18; 58 includes eccentric cam 59, Figs 15-18) that converts rotation of the motor into the massage operation (Inada: the power transmission part 8 includes a gear case 17 with a worm gear to change the rotation direction of the output axis of the rubbing driving source 9 for deceleration, a transmission shaft 18 which is connected to this worm gear and rotated about an axial center directed towards the horizontal direction, paragraph 0122; pair of left and right eccentric cams 59 and 59 which causes the rubbing part 2 to act is provided in both the left and right end portions of this transmission shaft 18, paragraph 0123).
Regarding Claim 3, Tago-Inada combination teaches the one or more motors include: a first motor for driving the one or more second massage units on the one side, and a second motor for driving the one or more second massage units on the other side (Tago: 7g and 7h are provided on left and right sides of the device, Figs 1-3; Inada: the power transmission part 8 and the rubbing driving source 9 constituted by a motor, paragraph 0111; the rubbing driving part 3 includes a rubbing driving source 9 such as a motor and the like driven by the control part 6 and a power transmission part 8 which transmits the rotation power of the rubbing driving source 9 to cause the rubbing part 2 to act, paragraph 0122; M2 is shown to be on left and right sides of 102 and 104, Fig 1; because one M2 of Inada would be at each of the left and right sides of 7g and 7h of Tago, each M2 would have its own motor or rubbing driving source 9 of Inada).
Regarding Claim 4, Tago-Inada combination teaches the two-dimensional operation includes operating components of the backrest part in a front-rear direction and a longitudinal direction (Inada: Fig 19 shows the movement of 50 which is shown to move up and down (longitudinal direction) and left to right (front-rear direction), a two dimensional operation; coupling part 50 is reciprocated once in the front-back direction by a predetermined distance and performs an orbiting action for inclination in the front-back direction while the transmission shaft 18 is rotated once, paragraph 0131; the first rubbing part 12 has air cells 7 which press the external surface of the arm of the person to be treated, paragraph 0115; preferable that the air cell expands and contracts during reciprocation of the rubbing part, paragraph 0020).
Regarding Claim 5, Tago-Inada combination teaches the two-dimensional operation includes a first movement of moving forward from a first position to a second position located in a front of the backrest part (Inada: 50 is shown to move towards the front from a first position to a second position, Fig 19; the rubbing part 2 is reciprocated once in the front-back direction by a predetermined distance and performs an orbiting action for inclination in the front-back direction while the transmission shaft 18 is rotated once, paragraph 0085) and a second movement of moving rearward from the second position to the first position (Inada: 50 is shown to move towards the back from the second position to the first position, Fig 19; the rubbing part 2 is reciprocated once in the front-back direction by a predetermined distance and performs an orbiting action for inclination in the front-back direction while the transmission shaft 18 is rotated once, paragraph 0085), and wherein a first trajectory during the first movement and a second trajectory during the second movement are different from each other (Inada: the first trajectory in which 50 is moving towards the front is obviously different from the second trajectory in which 50 is moving towards the back since both trajectories are moving in opposite orbital directions as illustrated by 12B and 12D, Fig 19). It is noted that Applicant has not claimed the details of the differences between the trajectories.
Regarding Claim 10, Tago discloses a massage unit (7g and 7h, Fig 1) of a massage device (apparatus of Fig 1) in which a back massage unit (9, Fig 1) for performing a massage operation on a back of a seated user is disposed to be movable in a height direction of the seated user inside a backrest part (3 and 4, Fig 1) for supporting the back of the user (9 provided mechanically in backrest section 3 to press back of upper body of user, paragraph 0110; 9 moved up and down inside 3, paragraph 0127), the massage unit being disposed to avoid space where the back massage unit is present in each of one side and the other side of the backrest part in a right-left direction (7g and 7h shown to be on both sides of 3 and 4, Fig 1; air cells 7g and 7h correspond to upper arm and shoulder, paragraph 0117; 7g and 7h are shown to be placed on 4 to avoid interfering with 9 in 3, Fig 1), and performing the massage operation on an upper arm side part excluding the back of the user (7g presses outside portions of the upper arm and shoulder, 7h press inside portion of upper arm, paragraph 0117), the massage unit comprising: a pressing member (7g and 7h are air cells, paragraph 0117) that presses the upper arm side part of the seated user (7g presses outside portions of the upper arm and shoulder, 7h press inside portion of upper arm, paragraph 0117). Tago also discloses muscles of the entire body of the user can be softened by stretching the entire body after a pressure massage such as rubbing and pounding (paragraph 0193).
Tago fails to disclose a support member that receives rotation of an eccentric cam to operate the pressing member; and a support wall located on a side opposite to a pressing direction of the pressing member with respect to the pressing member, and receiving a reactive force of the pressing member, wherein a guiding member is provided in one of an inside of the support wall or the support member, and a guided member is provided in the other of the inside of the support wall or the support member, and wherein the guiding member is a member that restricts a movement of the pressing member to be the massage operation including a two-dimensional operation in a plane intersecting the pressing direction.
However, Inada, of the same field of endeavor, teaches a massage machine (Abstract) including a support member (50, Figs 13-19) that receives rotation of an eccentric cam (59, Fig 18) to operate the pressing member (pressing member 7, Figs 13-19; the power transmission part 8 includes a gear case 17 with a worm gear to change the rotation direction of the output axis of the rubbing driving source 9 for deceleration, a transmission shaft 18 which is connected to this worm gear and rotated about an axial center directed towards the horizontal direction, paragraph 0122; pair of left and right eccentric cams 59 and 59 which causes the rubbing part 2 to act is provided in both the left and right end portions of this transmission shaft 18, paragraph 0123); and a support wall (4b, Figs 13-19) located on a side opposite to a pressing direction of the pressing member with respect to the pressing member (4b is on an opposite side from 50, Figs 13-19), and receiving a reactive force of the pressing member (4b would obviously receive a reactive force from 7 due to 4b being next to 50, Fig 15), wherein a guiding member (54, Figs 13-19) is provided in one of an inside of the support wall (54 is provided inside of 4b, Figs 13-19; in addition, a rod-shaped guide shaft 53 which protrudes outwardly from the external side surface 50 b is provided at the back end portion of the coupling part 50, and this guide shaft 53 is inserted into the guide hole 54 which is provided in the side portion 4 b of the base part 4, paragraph 0118), and a guided member (53, Figs 13-19) is provided in the other of the inside of the support member (53 is provided inside of 50b, Figs 13-19; in addition, a rod-shaped guide shaft 53 which protrudes outwardly from the external side surface 50 b is provided at the back end portion of the coupling part 50, and this guide shaft 53 is inserted into the guide hole 54 which is provided in the side portion 4 b of the base part 4, paragraph 0118), and wherein the guiding member is a member that restricts a movement of the pressing member to be the massage operation including a two-dimensional operation in a plane intersecting the pressing direction (Fig 19 shows the movement of 50 which is shown to move up and down and left to right, a two dimensional operation; coupling part 50 is reciprocated once in the front-back direction by a predetermined distance and performs an orbiting action for inclination in the front-back direction while the transmission shaft 18 is rotated once, paragraph 0131; the first rubbing part 12 has air cells 7 which press the external surface of the arm of the person to be treated, paragraph 0115; preferable that the air cell expands and contracts during reciprocation of the rubbing part, paragraph 0020; since the guide shaft 53 provided on the other end side in the front-back direction of the coupling part 50 is inserted into the guide holes 54 and 54 provided in both sides 4 b and 4 b of the base part 4, the circular movement of the coupling part 50 itself is restricted regardless of the circular movement of the holder 61, paragraph 0131) to perform a rubbing and pressing action on the body parts of the person (paragraph 0005).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of the left and right air cells to have this type of mechanism that allows for two-dimensional rubbing massage operation of the air cells, as taught by Inada, to perform a rubbing and pressing action on the body parts of the person (Inada: paragraph 0005). Tago already provides a pressing action using air cells and establishes the need to provide rubbing of the muscles to soften the muscles. Inada provides an improvement to Tago by not only providing a pressing action but also providing a rubbing action on the user. This would further improve the massaging experience for the user.
Regarding Claim 11, Tago-Inada combination teaches the guided member is a member having a protruding shape with respect to the guiding member (Inada: 53 is provided inside of 50b and is a shaft, Figs 13-19; in addition, a rod-shaped guide shaft 53 which protrudes outwardly from the external side surface 50 b is provided at the back end portion of the coupling part 50, and this guide shaft 53 is inserted into the guide hole 54 which is provided in the side portion 4 b of the base part 4, paragraph 0118), wherein the guiding member includes a protruding part (Inada: protruding edges surrounding 54, Figs 13-17; 54 is shown to have a protruding edge surrounding it, Figs 15-17) that blocks a relative movement of the guided member (Inada: guide shaft 53 can be relatively displaced in the front-back direction along the longitudinal direction of the guide hole 54 and is rotatably supported with respect to the guide hole 54, paragraph 0118; the presence of the protruding edges of 54 would obviously block 53 from tilting), and a recessed part (Inada: hole of 54, Figs 13-19) surrounded by the protruding part (Inada: protruding edges of 54 surround the hole of 54, Figs 13-19) and in which the guided member is relatively movable (Inada: guide shaft 53 can be relatively displaced in the front-back direction along the longitudinal direction of the guide hole 54 and is rotatably supported with respect to the guide hole 54, paragraph 0118), and wherein the recessed part has a length in each of a first direction and a second direction (Inada: guide holes 54 and 54 which open in the horizontal direction of the longer dimension, paragraph 0111; first direction is towards the front and second direction is towards the back, Fig 19) to allow the relative movement in the first direction and the second direction in the intersecting plane (Inada: 53 is shown to move towards the front and towards the back within 54, Fig 19).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tago et al. (US 2010/0198120 A1) and Inada et al. (US 2012/0071799 A1) as applied to Claim 1, and in further view of Hamada et al. (English Machine Translation of JP-2018166879-A provided by Espacenet).
Regarding Claim 6, Tago-Inada combination teaches the claimed invention of Claim 1. Tago-Inada combination fails to teach the mechanism causes each of the pressing member of the second massage unit on the one side and the pressing member of the second massage unit on the other side to independently perform the massage operation.
However, Hamada, of the same field of endeavor, teaches a massage machine (Abstract) including the mechanism causes each of the pressing member of the second massage unit on the one side and the pressing member of the second massage unit on the other side to independently perform the massage operation (the control unit drives the left and right body support sections independently, paragraph 0011; shoulder massage section a2 can be driven independently on the left and right sides to perform massage, paragraph 0033; although the left armrest 6 was described above, the right armrest 6 may also be configured similarly and driven independently, paragraph 0035) to allow for a wider variety of stretching exercises (paragraph 0035).
Therefore, 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 mechanisms of both the left and right sides of the device to be controlled independently by the controller, as taught by Hamada, to allow for a wider variety of stretching exercises (Hamada: paragraph 0035). This wider variety of stretching exercises allows for additional personalization and customization of massages for the user.
Regarding Claim 7, Tago-Inada combination teaches the claimed invention of Claim 1. Tago-Inada combination fails to teach a controller configured to control the mechanism such that the massage operation is performed by only the pressing member of one of the second massage unit on the one side or the second massage unit on the other side, in a state where the pressing members of the second massage unit on the one side and the second massage unit on the other side are pressed in the pressing direction.
However, Hamada, of the same field of endeavor, teaches a massage machine (Abstract) including a controller configured to control the mechanism such that the massage operation is performed by only the pressing member of one of the second massage unit on the one side or the second massage unit on the other side, in a state where the pressing members of the second massage unit on the one side and the second massage unit on the other side are pressed in the pressing direction (the control unit drives the left and right body support sections independently, paragraph 0011; shoulder massage section a2 can be driven independently on the left and right sides to perform massage, paragraph 0033; although the left armrest 6 was described above, the right armrest 6 may also be configured similarly and driven independently, paragraph 0035; since the left and right massage sections are driven independently, the controller would obviously be capable of controlling only one of the massage sections at a time) to allow for a wider variety of stretching exercises (paragraph 0035).
Therefore, 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 mechanisms of both the left and right sides of the device to be controlled independently by the controller, as taught by Hamada, to allow for a wider variety of stretching exercises (Hamada: paragraph 0035). This wider variety of stretching exercises allows for additional personalization and customization of massages for the user.
Regarding Claim 8, Tago-Inada combination teaches the claimed invention of Claim 1. Tago-Inada combination fails to teach a controller configured to control the mechanism to alternately use the second massage unit on the one side and the second massage unit on the other side such that the operation is performed by only the pressing member of one of the second massage unit on the one side or the second massage unit on the other side, in a state where the pressing members of the second massage unit on the one side and the second massage unit on the other side are pressed in the pressing direction.
However, Hamada, of the same field of endeavor, teaches a massage machine (Abstract) including a controller configured to control the mechanism to alternately use the second massage unit on the one side and the second massage unit on the other side such that the operation is performed by only the pressing member of one of the second massage unit on the one side or the second massage unit on the other side, in a state where the pressing members of the second massage unit on the one side and the second massage unit on the other side are pressed in the pressing direction (the control unit drives the left and right body support sections independently, paragraph 0011; shoulder massage section a2 can be driven independently on the left and right sides to perform massage, paragraph 0033; although the left armrest 6 was described above, the right armrest 6 may also be configured similarly and driven independently, paragraph 0035; since the left and right massage sections are driven independently, the controller would obviously be capable of controlling only one of the massage sections at a time and can alternate or switch between the two) to allow for a wider variety of stretching exercises (paragraph 0035).
Therefore, 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 mechanisms of both the left and right sides of the device to be controlled independently by the controller, as taught by Hamada, to allow for a wider variety of stretching exercises (Hamada: paragraph 0035). This wider variety of stretching exercises allows for additional personalization and customization of massages for the user. It is noted that Applicant has not further claimed how fast the two second massage units alternate.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tago et al. (US 2010/0198120 A1), Inada et al. (US 2012/0071799 A1), and Hamada et al. (English Machine Translation of JP-2018166879-A provided by Espacenet) as applied to Claim 7, and in further view of Fukuyama et al. (US 2014/0343467 A1).
Regarding Claim 9, Tago-Inada-Hamada combination teaches the claimed invention of Claim 7. Tago-Inada-Hamada combination also teaches the use of pressure sensors to automatically adjust the desired pressing force depending on the sizes of body parts (Inada: paragraph 0151). Tago-Inada-Hamada combination fails to teach the controller is configured to determine the massage operation to be performed on the user by causing one or both of the second massage unit on the one side and the second massage unit on the other side to perform the massage operation, and wherein the controller is configured to control the mechanism such that the massage operation is performed by only the pressing member of the second massage unit on the one side or the second massage unit on the other side according to the determination or intensity of the massage operation of the pressing member of the second massage unit on the determined side is stronger than intensity of the operation of the second massage unit on the other side.
However, Fukuyama, of the same field of endeavor, teaches a massage machine (Abstract) including the controller is configured to determine the massage operation to be performed on the user by causing one or both of the second massage unit on the one side and the second massage unit on the other side to perform the massage operation, and wherein the controller is configured to control the mechanism such that the massage operation is performed by only the pressing member of the second massage unit on the one side or the second massage unit on the other side according to the determination or intensity of the massage operation of the pressing member of the second massage unit on the determined side is stronger than intensity of the operation of the second massage unit on the other side (first massage part 6 drives the advancing and retreating mechanism 90 of the left massage unit 14 and the advancing and retreating mechanism 90 of the right massage unit 15 and causes the treatment elements 81 to advance at a location to be treated, the advancing and retreating mechanisms 90 are formed of air cells, the swelling air cells 301 are deformed due to the weight of the person, when the locations to be treated of the person to be treated have gotten stiff, hardness of the locations to be treated differs on the right and left sides, degrees of deformation of the swelling air cells 301 differ on the right and left sides, and the advancing amounts of the right and left treatment elements 81 differ depending on the degrees of the deformation, air cells 301 are provided with pressure sensors (not shown), valve bodies (not shown) for discharging a predetermined amount of air to the outside are provided in order to release the air inside the air cells 301 when excessive load is applied to the air cells 301, paragraph 0190; pressure sensors are utilized to determine and compare the stiffness of both left and right sides of the body and the air cells are adjusted and differ in response to this determination) to perform the massage by adjusting the advancing amount of the treatment elements in accordance with the degrees of stiffness in the left half body and the right half body and release air when excessive load is applied (paragraph 0190) and since degrees of stiffness for the left and right sides of the body will be different (paragraph 0189).
Therefore, 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 air cells to have pressure sensors and to control the air cells’ inflation and deflation based on the stiffness of the user’s body, as taught by Fukuyama, to perform the massage by adjusting the advancing amount of the treatment elements in accordance with the degrees of stiffness in the left half body and the right half body and release air when excessive load is applied (Fukuyama: paragraph 0190) and since degrees of stiffness for the left and right sides of the body will be different (Fukuyama: paragraph 0189). This improvement would allow the air cells to further adapt to the user’s body and differing degrees of stiffness on both the left and right sides of the body so that the pressure applied by the air cells would be appropriate to the user. The controller would be capable of selectively applying pressure to the user’s shoulder and body depending on how stiff the user’s body is, preventing an excessive load of pressure on one side of the body over the other. This would greatly enhance the device’s adaptability and improve the user’s massage experience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for art cited of interest including:
US 20230310254 A1 discusses a massage chair that can raise and lower its side arms.
US 20190231634 A1 discusses a massage chair with shoulder air cells.
US 20190151187 A1 discusses a massage chair with massaging shoulder hands.
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/BRIAN T KHONG/ Examiner, Art Unit 3785
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