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 1-8 are pending and currently under consideration for patentability under 37 CFR 1.104.
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) 1-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Muchisky (2005/0222525) in view of Lev et al. (2003/0028134).
Regarding claim 1, Muchisky discloses a mounting structure (Fig. 5A) capable of adapting to multiple massage heads (applicator(s) 5, Fig. 5A, “releasable attachment of an applicator … facilitates quick and easy changing of applicators” see para. [0008]), comprising a sliding rod (head 38, Figs. 1-2 has a cylindrical shape and permits sliding movements such as the movement of cam 45 relative to drive plate 51 via bearings 48, 50, Fig. 2) and a mounting seat (base plate 60, Fig. 5A), wherein a center of the sliding rod is a hollow limiting groove (the center of the head 38 has a hollow limiting groove formed in drive plate 51, such as at the threaded area 56, see Fig. 5A), a limiting member (annular shoulder 69, Fig. 5A) abutting against an edge (upper edge of threaded edge 56, Fig. 5A) of the limiting groove (hollow groove formed in drive plate 51, at threaded area 56, Fig. 5A) is arranged at a center of the mounting seat (annular shoulder 69 is centrally located on mounting seat 60, see Fig. 5A), a limiting column (screw-thread fitting 70, Fig. 5A) adapted to the limiting groove (screw-thread fitting 70 is inserted into the limiting groove to couple with threads 56, Fig. 5A) is arranged at a center of the limiting member (screw-thread fitting 70 is centrally located on the limiting member 69, see Fig. 5A), the mounting seat (60) is further provided with a plurality of buckling holes (series of openings 72, Figs. 4-5A), and the massage head (applicator 5, Fig. 5A) is provided with buckles (studs 82, Fig. 5A, are inserted into the openings 72 to provide a fastening effect) with the same number as that of the buckling holes (“the base plate has openings and the second plate has corresponding studs to engage the openings “ see Figs. 4-5A and para. [0015]).
Muchisky is silent regarding an edge end of the sliding rod is provided with a first positioning hole, and the limiting member is provided with a second positioning hole. However, providing corresponding holes to fasten two structures together is well-known.
For example, Lev teaches a related percussive massage device (Fig. 1) with a detachable massage head (exterior surface member 100, Fig. 4a; “removably fastened to an external thread about the internal frame 98” see para. [0037]), a mounting seat (internal frame 98, Fig. 4a), and a reciprocating structure that would correspond to Muchisky’s sliding rod (mounting plate 96, Fig. 4a). An upper edge of the sliding rod (i.e., 96, Fig. 4a) is provided with a plurality of positioning holes (see the four unlabeled holes in plate 96, corresponding to four screws associated with frame 98, Fig. 4a. The dashed lines show the screws connect the holes in the frame 98 to the holes in the plate 96; “internal frame 98 is fastened to the mounting plate 96” see para. [0037]), and the mounting seat (98) is provided with a second positioning hole (see the four unlabeled holes in frame 98, Fig. 4a). The positioning holes provide an expected result that screws can be utilized to more securely fasten the sliding rod (i.e., 96, Fig. 4a) to the mounting seat (98, Fig. 4a).
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 sliding rod and mounting seat of Muchisky to each have at least one positioning hole as taught by Lev because this provides an expected result that screws can be utilized to more securely fasten the sliding rod to the mounting seat.
The modified Muchisky/Lev device does not specifically disclose that the second positioning hole (the hole(s) of mounting seat 98, Fig. 4a of Lev) would be part of the limiting member (the annular shoulder 69, Fig. 5A of Muchisky) of the mounting seat. However, there does not appear to be any criticality to this particular location as it is still performing the same fastening function, and it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
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 location of the first and second positioning holes of Muchisky/Lev to have the second positioning hole on the limiting member and subsequently have the first positioning hole correspond to that location, since such a rearrangement of parts would be expected to perform the same fastening function, and since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
Regarding claim 2, the modified Muchisky/Lev device discloses wherein the second positioning hole (hole(s) in the limiting member 69, Fig. 5A of Muchisky), but is silent regarding the second positioning hole comprises a first hole slot and a second hole slot, the first hole slot is provided at one end of the mounting seat, the second hole slot is provided in the first hole slot and penetrates to the other end of the mounting seat, and the second hole slot has a diameter less than that of the first hole slot.
However, Muchisky additionally teaches that a positioning hole (annular opening 66, Fig. 5A) may comprise a first hole slot (countersunk circular recess 67, Fig. 5A) and a second hole slot (annular opening 66, Fig. 5A), the first hole slot (67) is provided at one end (upper end) of the mounting seat (60, Fig. 5A), the second hole slot (66) is provided in the first hole slot and penetrates to the other end (bottom end) of the mounting seat (60, Fig. 5A), and the second hole slot (66) has a diameter less than that of the first hole slot (67, see Fig. 5A). The first hole slot and second hole slot are used to accommodate a lock nut (lock nut 46, Figs. 2-3; see the first two sentences of [0058]). Providing the larger first hole slot provides an expected result of accommodating the larger head of the lock nut, while the narrower shaft fits with the smaller second hole slot.
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 second positioning hole(s) of Muchisky/Lev to have a first hole slot and a second hole slot, the first hole slot is provided at one end of the mounting seat, the second hole slot is provided in the first hole slot and penetrates to the other end of the mounting seat, and the second hole slot has a diameter less than that of the first hole slot as taught by Muchisky because this provides an expected result that the first hole slot will accommodate the larger head of a fastening screw, bolt, or lock nut, while the narrower second hole slot will accommodate the associated shaft of the fastener.
Regarding claim 3, the modified Muchisky/Lev device as currently combined is silent regarding wherein the buckle (82, Fig. 5A of Muchisky) comprises a buckle body and a connecting rod, one end of the connecting rod is fixedly arranged on the massage head, the buckle body is a cone, and a bottom surface of the buckle body is fixedly connected to the other end of the connecting rod.
However, Muchisky teaches additional embodiments of a buckling/fastening mechanism, such as Figures 29A-29B. This embodiment has a buckle (button(s) 321, Fig. 29A) comprising a buckle body (bulbous head 322, Fig. 29A) and a connecting rod (narrow shank 324, Fig. 29A), one end (upper end, at pedestal 326, Fig. 29A) of the connecting rod (324) is fixedly arranged on the massage head (connecting rod 324 is fixed at pedestal 326 to applicator plate 320 of the massage head, Fig. 29A), the buckle body (322) is bulbous, and a bottom surface of the buckle body (the surface where buckle body 322 connects with the connecting rod 324, Fig. 29A) is fixedly connected to the other end of the connecting rod (one end of the connecting rod 324 is connected at pedestal 326 to the applicator plate 320 and the other end of the connecting rod 324 is connected to the bulbous head 322, see Fig. 29A). This button-type buckle provides an expected result of detachably fastening the massage head to the mounting seat, and helps resist shear forces (see Figs. 29A-29B and all of para. [0084]).
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 buckle(s) of Muchisky/Lev to comprise a buckle body and a connecting rod, one end of the connecting rod is fixedly arranged on the massage head, the buckle body is a bulbous, and a bottom surface of the buckle body is fixedly connected to the other end of the connecting rod as taught by Figs. 29A-29B of Muchisky because this is a simple substitution of one known fastening mechanism for another known fastening mechanism (substituting the fastening button mechanism of Figs. 29A-29B of Muchisky for the fastening stud mechanism of Fig. 5A), that provides an expected result of firmly connecting the massage head and mounting seat and helping to resist shear forces (see para. [0084] of Muchisky).
The modified Muchisky/Lev device has the buckles having a bulbous buckle body (322, Fig. 29A of Muchisky), but is silent regarding the buckle body being a cone. However, there does not appear to be any particular criticality to this shape being a cone, as the cone shape appears to be nothing more than one of numerous shapes or configurations a person having ordinary skill in the art would find obvious for the purpose of providing a bulbous head that can be press-fit into an anchoring hole. See MPEP 2144.04(IV)(B).
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 shape of the bulbous head of Muchisky/Lev to be a cone, since this would be expected to perform equally as well and since it has been held that selection of a shape is an obvious matter of choice for a person of ordinary skill in the art (see MPEP 2144.04(IV)(B)).
Regarding claim 4, the modified Muchisky/Lev device discloses wherein an edge of the mounting seat (outer edge of 60, Fig. 5A of Muchisky) is further provided with a limiting edge (fastener(s) 73, Figs. 4-5A of Muchisky), and the limiting edge (73) protrudes relative to a plane of the mounting seat (see Fig. 5A). The modified device as currently combined is silent regarding the limiting edge (73, Fig. 4) being circular.
However, Muchisky teaches additional embodiments in which the fasteners are circular (i.e., 84, 104, 210, Fig. 7, Fig. 9, Fig. 11, Fig. 18, Fig. 20, Fig. 22, Fig. 25), and it has been held that selection of a shape is an obvious matter of choice for a person of ordinary skill in the art, and does not appear to have any criticality in this instance (see MPEP 2144.04(IV)(B)).
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 shape of the edge of the mounting seat of Muchisky/Lev to have a protruding circular limiting edge of fasteners as generally taught by Muchisky’s additional embodiments because such a change in shape would be expected to perform equally as well, and since it has been held that selection of a shape is an obvious matter of choice for a person of ordinary skill in the art (see MPEP 2144.04(IV)(B)).
Regarding claim 5, the modified Muchisky/Lev device discloses wherein the massage head (5, Fig. 5A of Muchisky) is further provided with a limiting portion (adherent 84, Fig. 5A), and the limiting portion fits with the limiting edge (fastening adherent 84 fits with the limiting edge 73, see the last sentence of [0068] of Muchisky).
Regarding claim 8, the modified Muchisky/Lev device discloses wherein the mounting seat (60, Fig. 5A of Muchisky) is provided with a Velcro hook side (hook/loop fastener 73, see Figs. 4-5A of Muchisky), and the massage head (5, Fig. 5A of Muchisky) is provided with a Velcro loop side (hook/loop fastener 84, Fig. 5A; see the last sentence of [0068] of Muchisky). Although Muchisky does not specifically state which fastener (73, 84) is hooks and which is loops, Muchisky generally suggests the adherent can be either hook or loop, with the opposing structure having the opposite hooks/loops (see lines 11-14 of [0065]. Furthermore, it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art (MPEP 2144.04(VI)(A)), and reversing the location of the hooks/loops would be expected to perform equally as well.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Muchisky (2005/0222525) in view of Lev et al. (2003/0028134) as applied to claim 1 above, and further in view of Li et al. (2023/0329958).
Regarding claim 6, the modified Muchisky/Lev device is silent regarding wherein the sliding rod is further provided with a wire hole.
Li teaches a related detachable massage head (massage head 3, Fig. 2) wherein the sliding rod (connection column 11, Fig. 2, corresponds to the sliding rod of Muchisky) and mounting plate (massage head support 2, Fig. 2) are provided with a wire hole (wire outlet(s) 23, Figs. 2-3, allows a wire to pass through connection column 11 and massage head support 2, to connect to a circuit board 7 that can provide thermal effects through heating member 6).
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 sliding rod and mounting plate of Muchisky/Lev to include at least one wire hole as generally taught by Li to allow electricity to run from the percussion massage tool to a heating element that can be located in the massage head(s), to provide an advantageous heating effect to the massage.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Muchisky (2005/0222525) in view of Lev et al. (2003/0028134) as applied to claim 1 above, and further in view of Huang et al. (2023/0072946).
Regarding claim 7, the modified Muchisky/Lev device is silent regarding wherein the buckle (82, Fig. 5A of Muchisky) is made of an elastic material.
Huang teaches a related massage device with a detachable massage head (head 101, Fig. 4) having a buckle made of an elastic material (elastic engaging claws [1101], Fig. 4, engage with grooves 1031; see the last eight lines of [0018]). The elasticity provides an expected result of allowing the claws to bend to engage with the corresponding grooves (1031, Fig. 4).
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 buckle of Muchisky/Lev to be a claw-shaped buckle made of an elastic material, configured to engage with a corresponding groove as taught by Huang because this provides an expected result that the buckle(s) can bend somewhat to easily engage with the corresponding groove(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu (2010/0160841 and 2014/0221887) discloses a related connection mechanism for attaching massage heads. Liu (2006/0241537) discloses a related massage device with a buckle that has a connecting rod and a cone-shaped protrusion. Rahimi (2026/0174627) discloses a related massage device with detachable massage heads. Skidmore et al. (2019/0298036) discloses a related massage device with detachable massage heads, having buckles. Stanbridge (2016/0213558) discloses a related massage device with a plurality of pins extending to sockets in a mounting structure. Zhou et al. (12,161,599) discloses a related detachable massage head for percussion massage. Yuan (EP 2022460 A1) discloses a related massage head with various positioning holes, mounting structures, wire outlets, limiting members and limiting grooves. Wersland et al. (2019/0017528) discloses a related percussion massager with a plurality of detachable massage heads that are connectable via a mounting seat that has apertures to receive protrusions from the massage head.
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
