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 .
Status of Claims
2. Claims 1-6 are pending and currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "6" and "8" have both been used to designate the same hole (reference character 8 in Figure 2 and reference character 6 in Figure 3, Figure 5, are referring to the same structure).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “8” has been used to designate three different structures in Figure 5 (see the two occurrences of “8” in Figure 5, pointing to different structures, and see “8” in figure 2, referring to a third distinct structure).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (2026/0000574) in view of Nazarian et al. (2019/0015294).
Regarding claim 1, Zhang discloses a split sliding rod structure (piston 20 and connecting body 101, Figs. 1-2, Fig. 6, are a split sliding rod structure because they are two structures and they perform a reciprocating) applied to a massage head (massaging portion 100, Fig. 2, Fig. 6), comprising a sliding rod support (the piston 20, Fig. 1, Fig. 3, Fig. 6) and a sliding cylinder (see “1. Sliding Cylinder” in annotated Figure A below, this substantially cylindrical structure houses the piston 20 and thus permits the sliding motion of the piston), wherein the sliding rod support (20) abuts against and is connected to an end of the sliding cylinder (see Fig. A below), a connecting column (connecting body 101, Fig. 2, Fig. 6) is arranged at an end of the sliding rod support (connecting body 101 is arranged at the distal end of the sliding rod support 20, see Fig. 6), the connecting column (101) is provided with an external thread (screwing thread 103a, Fig. 6).
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Annotated Figure A (from Fig. 6 of Zhang): Zhang has a sliding cylinder (1, the front portion of housing 70, where it abuts sealing ring 104 and piston 20) and the sliding rod support (20) abuts against and is connected to an end of the sliding cylinder (see above). The sliding support rod (20) also has a pin hole (2).
Zhang is silent regarding the massage head (100) provided with an internal thread, and the connecting column (101) is in threaded connection with the massage head. However, it has been held that that constructing a formerly integral structure (i.e., 100, 101) to be separable would be obvious “if it were considered desirable for any reason to obtain access to [the removed part].” See MPEP 2144.04(V)(C).
Furthermore, Nazarian teaches a related reciprocating massage tool (Fig. 1) with a massage head (i.e., treatment member 16, Figs. 3-4; differently shaped treatment member 50, Figs. 5-7) provided with an internal thread (internal threads 30, Figs. 3-4; Figs. 6-7) and a separate connecting column (male attachment member 14, Figs. 3-4; Figs. 6-7) has an external thread (external threads 32, Figs. 3-4; Figs. 6-7) in threaded connection with the massage head (see Figs. 3-4, Figs. 6-7). This allows a variety of massage heads to be interchanged to by simply screwing the massage head onto the connecting column (i.e., Figs. 3-4, Figs. 6-7), to provide a different type of massage effect (with a different shape, and which may provide a softer material, see the last sentence of [0052]).
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 massage head and connecting column (100, 101) of Zhang to be made separate components that are threadedly engaged as taught by Nazarian because this allows a variety of different massage effects to be provided through the different massage heads attachable to the connecting column.
Regarding claim 2, the modified Zhang/Nazarian device discloses wherein the sliding rod support (20, Zhang) is of a hollow design (see Fig. 3, Fig. 6).
Regarding claim 3, the modified Zhang/Nazarian device discloses wherein the massage head (100, Zhang as modified by Nazarian) is provided with a sealing rubber ring (silicone fixing ring 104, Fig. 2, Fig. 6 of Zhang)
Regarding claim 4, the modified Zhang/Nazarian device discloses wherein a pin hole (see “2. Pin Hole” in annotated Figure A above) is provided at an end of the sliding rod support (20, Zhang) away from the connecting column (at the proximal end, see Fig. A above), in a direction perpendicular to the connecting column (see Fig. A).
Regarding claim 5, the modified Zhang/Nazarian device discloses wherein a sealing member (silicone fixing ring 104, Fig. 2, Fig. 6 of Zhang) is sleeved at a position where the massage head (100, Zhang, as modified by Nazarian) abuts against the sliding cylinder (the silicone fixing ring 104 is at the position where the massage head 100 abuts against the sliding cylinder 1 in annotated Figure A above).
Regarding claim 6, the modified Zhang/Nazarian device discloses wherein the sliding rod support (20, Zhang) is further provided with a through hole (see the open space between 101 and the pin hole 2, in annotated Figure A above), and the through hole penetrates to the connecting column (the through hole penetrates up “to” the connecting column 101, see Fig. A above. The claim does not require penetrating “through” the connecting column).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wersland (2016/0367425) discloses a related reciprocating massage device with a connecting column having external threads to mate with internal threads of a massage head. Williams et al. (2023/0329965) discloses a related reciprocating massage device with a sliding rod support and a sliding cylinder. Lee et al. (2021/0322257) discloses a related massage head with a connecting column having external threads to mate with internal threads of the massage head. Wersland et al. (2019/0017528) discloses a related reciprocating massage device with a connecting column having external threads to mate with internal threads of a massage head. Rogozinski et al. (2022/0202645) discloses a related massage head with a connecting column having external threads that mate to the massage head. Marton (2023/0048861) discloses a related massage head adapter for reciprocating massager, having a sealing ring. Dijkstra et al. (2024/0390220) discloses a related reciprocating massager with a sliding cylinder and a sliding rod support, with a plurality of sealing rings. Hu et al. (2022/0031554) discloses a related reciprocating massager with massage heads that are removably inserted into sliding cylinders. Williams et al. (11,672,728) discloses a related reciprocating massager with a sliding rod support, sliding cylinder, and massage head. Pivaroff (6,682,496) discloses a related reciprocating massager with a massage head having a threaded connection to a connecting column. Wei et al. (CN 213588999 U) discloses a related massage head coupling. Li et al. (CN 213191076 U) discloses a related massage head coupling with a sliding rod support, a sliding cylinder, and detachable connection to the massage head. Ni (CN 213157596 U) discloses a related massage head with a detachable threaded connection between the massage head internal threads and a connecting column external threads.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 9:00-5:30 (Eastern).
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
