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 .
Response to Amendment
The amendment filed on 12/11/2025 has been entered. Claims 2, 3, 7, 8, 13, 14, 19, and 20 have been amended to indicate proper status identifier. No claims have been entered nor newly added. Applicant’s amendments to the claims have not overcome the 112(b) rejections raised in the non-final rejection mailed on 12/02/2024. Claims 1-20 remain pending in the instant application.
Response to Arguments
Applicant's arguments filed 06/02/2025 and 12/11/2025 have been fully considered but they are not persuasive.
Applicant's arguments state that the rejections under 35 USC 112 and 35 USC 103 are improper and should be withdrawn (Remarks filed on 06/02/2025 at Page 7 & Remarks filed on 12/11/2025 at Page 9). However, the claims remain properly rejected under 35 USC 112 and 103 for the reasons detailed in the action below.
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 12 and 15-17 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.
Regarding claim 12, Applicant recites “second driving part”. Claim 12 does not reference a “first driving part” nor does claim 1. The metes and bounds of the claimed limitation are unclear because there is no reference to a first driving part in order for a second driving part to exist. For the sake of examination, examiner is interpreting “a second driving part” to mean a driving part.
Claims 15-17 similarly recite “second driving part” when there was no “first driving part” present in the immediate claims nor the claims from which they depend. For the sake of examination, examiner is treating the claimed limitations in the same way as outlined regarding claim 12.
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.
Claims 1, 4-6, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over US10322058B1 to Patch (hereinafter “Patch”) in view of US20230080795A1 to Raju (hereinafter “Raju”).
Regarding claim 1, Patch discloses a massaging shower (Fig. 8 stimulation device 800), comprising:
a shower module (Fig. 8 showerhead body 802; See Annotated Fig. 8 for designation of shower module),
comprising an outer shell with a length direction (Fig. 8 showerhead body 802 has a length direction; See designation of outer shell in Annotated Fig. 8),
the outer shell comprises a first connecting end and a second connecting end which are arranged at two ends of the outer shell along the length direction respectively (See Annotated Fig. 8 for designation of first and second connecting ends),
the second connecting end is configured to connect with a shower tube (Figs. 3 & 8 mechanism 324, 803; Col. 6 lines 35-38 disclose the mechanism 803 attaches to a showerhead hose 106); and
a massaging module (See Annotated Fig. 3 for designation of the massaging module),
comprising a housing (Fig. 3 showerhead body 304), a massaging assembly (Fig. 3 removable vibrator 302), an electrical controller (Fig. 4 control plate 402), and a battery (Fig. 3 rechargeable battery pack 316),
the massaging assembly is mounted on the housing (Fig. 3 the designated assembly is mounted to the showerhead body) and exposed from the housing (Figs. 12A-C show the massage module is exposed from the housing (showerhead body) due to being removable by the user),
the electrical controller and the battery are received in the housing (Fig. 3 control plate 402 and Fig. 3 rechargeable battery pack 316 are received in showerhead body 304),
the electrical controller is electrically connected to the battery and the massaging assembly (Col. 5 lines 54-57 disclose the control plate is connected to a vibrating motor and battery pack via a regulator).
Patch does not disclose wherein the first connecting end comprises a first connecting part, and wherein the housing comprises a second connecting part, the second connecting part is detachably connected with the first connecting part, so that the massaging module is detachably connected with the shower module. However, Raju teaches a masturbation device which uses first and second connecting parts to allow for detachable connection between parts of the device (Fig. 2 buckle ring 6, the groove 7, the buckle 8; Paragraph 0024 discloses the groove 7 matches with ring 6 to fix one portion of the device to another via buckle 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection points of Patch so that the first connecting end comprises a first connecting part, and wherein the housing comprises a second connecting part, the second connecting part is detachably connected with the first connecting part, as taught by Raju, in order to allow the user to choose water pressure and not have a vibrational attachment while the device is being used. Examiner notes that truncating the housing would result in a more compact device for more efficient and less cumbersome use of the device in different settings (i.e. user needs a quick shower and does not have time for the vibrational elements).
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Regarding claim 4, Patch in view of Raju discloses the massaging shower according to claim 1, and Patch as modified by Raju further discloses wherein the first connecting part comprises one of a clamping buckle and a clamping slot, and the second connecting part comprises another one of the clamping buckle and the clamping slot, and the clamping buckle is detachably clamped in the clamping slot (Raju Fig. 2 the buckle 8; Examiner notes that Fig. 2 shows element 8 twice where the clamping buckle and the complimentary clamping buckle slot are shown; Examiner notes that the ring, groove, and buckle all are capable of connecting and disconnecting).
Regarding claim 5, Patch in view of Raju discloses the massaging shower according to claim 1, and Patch as modified by Raju further discloses wherein a limiting protrusion is arranged on one of the first connecting end and the housing, and a limiting groove is arranged on another one of the first connecting end and the housing; wherein the limiting protrusion is embedded in the limiting groove when the massaging module is mounted to the shower module (Raju Fig. 2 buckle ring 6, the groove 7; See Annotated Fig. 2 for designation of the limiting protrusions; Paragraph 0024 discloses the groove 7 matches with ring 6; Examiner notes that the ring, groove, and buckle all are capable of connecting and disconnecting).
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Regarding claim 6, Patch in view of Raju discloses the massaging shower according to claim 1, and Patch further discloses wherein the massaging assembly comprises a massaging part (Col. 5 lines 38-43 disclose the vibrator 302 has a motor connected to a counterweight or eccentric mass which generates vibrations) and a first driving part (Fig. 3 encapsulated vibrating motor 312), the massaging part is connected with the housing, and the first driving part is connected with the massaging part in a transmission mode, the first driving part drives the massaging part to vibrate or rotate to massage a portion to be massaged (Fig. 3 shows vibrator [and motor] are within the showerhead body; Col. 5 lines 38-43 disclose the vibrator 302 has a motor connected to a counterweight or eccentric mass which generates vibrations; Examiner notes that generation of the vibrations naturally results in a massaging sensation).
Regarding claim 9, Patch in view of Raju discloses the massaging shower according to claim 4, and Patch further discloses wherein the massaging assembly comprises a massaging part and a first driving part, the massaging part is connected with the housing, and the first driving part is connected with the massaging part in a transmission mode, the first driving part drives the massaging part to vibrate or rotate to massage a portion to be massaged (Fig. 3 encapsulated vibrating motor 312; Col. 5 lines 38-43 disclose the vibrator 302 has a motor connected to a counterweight or eccentric mass which generates vibrations; Fig. 3 shows vibrator [and motor] are within the showerhead body; Col. 5 lines 38-43 disclose the vibrator 302 has a motor connected to a counterweight or eccentric mass which generates vibrations; Examiner notes that generation of the vibrations naturally results in a massaging sensation).
Regarding claim 10, Patch in view of Raju discloses the massaging shower according to claim 5, and Patch further discloses wherein the massaging assembly comprises a massaging part and a first driving part, the massaging part is connected with the housing, and the first driving part is connected with the massaging part in a transmission mode, the first driving part drives the massaging part to vibrate or rotate to massage a portion to be massaged (Fig. 3 encapsulated vibrating motor 312; Col. 5 lines 38-43 disclose the vibrator 302 has a motor connected to a counterweight or eccentric mass which generates vibrations; Fig. 3 shows vibrator [and motor] are within the showerhead body; Col. 5 lines 38-43 disclose the vibrator 302 has a motor connected to a counterweight or eccentric mass which generates vibrations; Examiner notes that generation of the vibrations naturally results in a massaging sensation).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Patch in view of Raju as applied to claim 6 above, and further in view of US20240074623A1 to Wei et al. (hereinafter “Wei”).
Regarding claim 11, Patch in view of Raju discloses the massaging shower according to claim 6, but Patch as modified by Raju does not disclose wherein the massaging part comprises a mounting base and a plurality of massaging protrusions, the mounting base is connected with the housing, and the massaging protrusions are arranged on the mounting base at intervals, the first driving part drives the massaging protrusions to vibrate by the mounting base, so as to massage the portion to be massaged. However, Wei teaches a shower device which has a massage assembly removably coupled to a spray head where the massage assembly has a mounting base and a plurality of massaging protrusions arranged on the mounting base at intervals (Figs. 2 & 3 spray head 1, massage assembly 2, massage brush head 21, output shaft 220; See annotated Fig. 3 for designation of the mounting base), driven by a part which drives the massaging protrusions to vibrate the mounting base so as to massage the portion to be massaged (Fig. 3 output shaft 220; Paragraph 0024 discloses the massage brush head 21 is removably coupled to output shaft 220).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the driving part and massaging part of Patch to wherein the massaging part comprises a mounting base and a plurality of massaging protrusions, the mounting base is connected with the housing, and the massaging protrusions are arranged on the mounting base at intervals, the first driving part drives the massaging protrusions to vibrate by the mounting base, so as to massage the portion to be massaged, as taught by Wei, in order to provide different types of brushing massage applications such as cleansing, dandruff removal, back massaging, and other massage functions (Paragraphs 0043-0044). Examiner notes the motor and output part of Patch would be modified to output to the designated mounting base and massage protrusions.
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Claims 12 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Patch in view of Raju as applied to claim 1, 4 and 5 above, and further in view of US20220175612A1 to Witt (hereinafter “Witt”).
Regarding claim 12, Patch in view of Raju discloses the massaging shower according to claim 1, but Patch as modified by Raju does not disclose wherein the massaging assembly comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode; wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged. However, Witt teaches a stimulation device which has a massaging nozzle and a driving part (Fig. 1 grommet 6 (nozzle), drive device 20, motor 22, output shaft 22a), the massaging nozzle comprises a massaging chamber (Fig. 1 hollow body 12) and a massaging port communicated to the massaging chamber (Fig. 1 sidewall sections 14a and 14b are communicated to hollow body 12), the driving part is connected with the massaging nozzle in a transmission mode (Paragraph 0049 discloses the drive motor and output shaft initiate reciprocal longitudinal movement of the movable structure 16), wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged (Fig. 1 driving direction “X”; Paragraph 0050 discloses that movement of the movable structure 16 is alternately pulled apart and compressed to change between negative and positive pressures in the movable structure thus creating a stimulating pressure field in opening 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massaging assembly of Patch so that the massaging assembly comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode; wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged, as taught by Witt, in order to provide alternate pressure massaging capabilities (Paragraph 0050).
Regarding claim 15, Patch in view of Raju discloses the massaging shower according to claim 4, but does not disclose wherein the massaging assembly comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode; wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged. However, Witt teaches a stimulation device which has a massaging nozzle and a driving part (Fig. 1 grommet 6 (nozzle), drive device 20, motor 22, output shaft 22a), the massaging nozzle comprises a massaging chamber (Fig. 1 hollow body 12) and a massaging port communicated to the massaging chamber (Fig. 1 sidewall sections 14a and 14b are communicated to hollow body 12), the driving part is connected with the massaging nozzle in a transmission mode (Paragraph 0049 discloses the drive motor and output shaft initiate reciprocal longitudinal movement of the movable structure 16), wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged (Fig. 1 driving direction “X”; Paragraph 0050 discloses that movement of the movable structure 16 is alternately pulled apart and compressed to change between negative and positive pressures in the movable structure thus creating a stimulating pressure field in opening 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massaging assembly of Patch so that the massaging assembly comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode; wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged, as taught by Witt, in order to provide alternate pressure massaging capabilities (Paragraph 0050).
Regarding claim 16, Patch in view of Raju discloses the massaging shower according to claim 5, but does not disclose wherein the massaging assembly comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode; wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged. However, Witt teaches a stimulation device which has a massaging nozzle and a driving part (Fig. 1 grommet 6 (nozzle), drive device 20, motor 22, output shaft 22a), the massaging nozzle comprises a massaging chamber (Fig. 1 hollow body 12) and a massaging port communicated to the massaging chamber (Fig. 1 sidewall sections 14a and 14b are communicated to hollow body 12), the driving part is connected with the massaging nozzle in a transmission mode (Paragraph 0049 discloses the drive motor and output shaft initiate reciprocal longitudinal movement of the movable structure 16), wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged (Fig. 1 driving direction “X”; Paragraph 0050 discloses that movement of the movable structure 16 is alternately pulled apart and compressed to change between negative and positive pressures in the movable structure thus creating a stimulating pressure field in opening 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massaging assembly of Patch so that the massaging assembly comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode; wherein under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged, as taught by Witt, in order to provide alternate pressure massaging capabilities (Paragraph 0050).
Regarding claim 17, Patch in view of Raju discloses the massaging shower according to claim 12, but Patch as modified by Raju does not disclose wherein the second driving part comprises a driving motor and an air pump connected with the driving motor, the air pump is communicated with the massaging chamber, under a driving of the driving motor, the air pump changes the pressure in the massaging chamber, to generate the adsorption force at the massaging port to massage the portion to be massaged; or the second driving part comprises a driving motor connected with a wall of the massaging chamber in a transmission mode, under a driving of the second driving part, a volume of the massaging chamber changes to generate the adsorption force at the massaging port to massage the portion to be massaged; or the massaging shower further comprises an absorbing part with a compression chamber communicated to the massaging chamber, the second driving part comprises a driving motor connected with a wall of the compression chamber in a transmission mode, under a driving of the second driving part, a volume of the compression chamber changes to change the pressure in the massaging chamber, thereby generating an adsorption force at the massaging port.
However, Witt teaches a stimulation device wherein the second driving part comprises the second driving part comprises a driving motor (Fig. 1 drive motor 22; Paragraph 0050 discloses movement to the structure 16 is imparted via the drive motor) connected with a wall of the massaging chamber in a transmission mode (Fig. 1 sidewall sections 14a and 14b are communicated to hollow body 12), under a driving of the second driving part (Paragraph 0049 discloses the drive motor and output shaft initiate reciprocal longitudinal movement of the movable structure 16), a volume of the massaging chamber changes to generate the adsorption force at the massaging port to massage the portion to be massaged (Fig. 1 driving direction “X”; Paragraph 0050 discloses that movement of the movable structure 16 is alternately pulled apart and compressed to change between negative and positive pressures in the movable structure thus creating a stimulating pressure field in opening 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massaging assembly of Patch so that the second driving part comprises a driving motor connected with a wall of the massaging chamber in a transmission mode, under a driving of the second driving part, a volume of the massaging chamber changes to generate the adsorption force at the massaging port to massage the portion to be massaged, as taught by Witt, in order to provide alternate pressure massaging capabilities (Paragraph 0050).
Allowable Subject Matter
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 claim 18, Patch in view of Raju and Wei, the closest prior art combination of record, discloses the massaging shower according to claim 1, and Patch as modified by Raju and Wei further discloses wherein the massaging module at least comprises a first massaging module (Patch See Annotated Fig. 3 for designation of the massaging module) the first massaging module comprises the housing, the massaging assembly, the electrical controller, and the battery (Patch Fig. 3 showerhead body 304, rechargeable battery pack 316; Fig. 4 control plate 402); the massaging assembly of the first massaging module comprises a massaging part and a first driving part (Wei Figs. 2 & 3 spray head 1, massage assembly 2, massage brush head 21, output shaft 220; See annotated Fig. 3 for designation of the mounting base), the massaging part is connected with the housing, and the first driving part is connected with the massaging part in a transmission mode, the first driving part drives the massaging part to vibrate or rotate, so as to massage a portion to be massaged (Wei Fig. 3 output shaft 220; Paragraph 0024 discloses the massage brush head 21 is removably coupled to output shaft 220); wherein the shower module is selectively connected to one of the first massaging module and the second massaging module (Examiner notes that Patch as modified by Raju has detachable massaging modules). Patch in view of Raju and Wei does not disclose, alone nor in combination with other prior made of record, discloses “a second massaging module, and the massaging assembly of the second massaging module comprises a massaging nozzle and a second driving part, the massaging nozzle comprises a massaging chamber and a massaging port communicated to the massaging chamber, the second driving part is connected with the massaging nozzle in a transmission mode, under a driving of the second driving part, a pressure in the massaging chamber changes to generate an adsorption force at the massaging port to massage the portion to be massaged”. Nor would it have been obvious to make such modifications. The modified device of Patch has a massaging assembly with one driving part, one housing, one electrical controller, and one massage application area (See Fig. 3 of Patch). In order to make the required modifications would require a significant redesign of modified Patch to accommodate for multiple massaging modules to be driven by multiple controllers and batteries. Furthermore, making such modifications to the internal structure of the modified Patch device may destroy functionality.
Absent any new prior art made of record, it would not have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make such modifications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20070022527-A1 to Russo and US-20060276731-A1 to Thiebaut.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRANDY LEE can be reached at 571-270-3525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785