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 1-10 are pending and currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to because of the following informalities:
The details of Figure 3 are indecipherable. The Examiner suggests filing drawings with thicker lines to improve clarity.
The dashed lines 12, 13, in Figure 5 are indecipherable. The Examiner suggests filing drawings with thicker lines to improve clarity.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claims 1, 6, and 10 are objected to because of the following informalities:
Claim 1, line 2 recites “left leg-and-foot massage portion, a right leg-and foot massage portion” and it appears the right leg-and foot should include an additional hyphen. The Examiner suggests –left leg-and-foot massage portion, a right leg-and-foot massage portion--.
Claim 1, line 5 recites “left leg-and foot” and it appears this should include an additional hyphen to conform with the use in line 2. The Examiner suggests --left leg-and-foot--.
Claim 1, line 8 recites “right leg-and foot” and it appears this should include an additional hyphen to conform with the use in lines 8-9. The Examiner suggests –right leg-and-foot--.
Claim 6, the last two lines recite “the an axial line” which appears to be an error. The Examiner suggests –an axial line--.
Claim 10, line 1 recites “The massage as claimed in claim 9” which has omitted the word “chair.” The Examiner suggests –The massage chair as claimed in claim 9--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a driving segment of the first left drive element is connected with the left leg-and foot massage portion and is configured to drive the left leg-and-foot massage portion to stretch and retract with respect to the base” in claim 1. No corresponding structure is disclosed.
“a driving segment of the first right drive element is connected with the right leg-and foot massage portion and is configured to drive the right leg-and-foot massage portion to stretch and retract with respect to the base” in claim 1. No corresponding structure is disclosed.
“a driving segment of the second left drive element is connected with the left foot massager so as to drive the left foot massager to swing vertically or rotate with respect to the base” in claim 5. No corresponding structure is disclosed.
“a driving segment of the second right drive element is connected with the right foot massager so as to drive the right foot massager to swing vertically or rotate with respect to the base” in claim 5. No corresponding structure is disclosed.
“push assembly disposed on the holder and configured to drive the seat to rotate with respect to the holder and/or configured to drive the leg-and-foot device to rotate relative to the seat” in claim 10. Based upon para. [0056], the corresponding structure appears to be a first pushing post configured to push the seat, a second pushing post, and an abutting stem configured to force the left/right leg-and-foot massage portion 12, 13, such that the first pushing post 41 moves to actuate the seat 32 to move vertically, the second pushing post 42 pushes the abutting stem 43 to move vertically, and the abutting stem 43 forces the left/right leg-and-foot massage portion 12, 13, to move vertically.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 1 recites “capable of being driven solely” and it is unclear what is meant by the device being driven “solely.” Solely with respect to what? Furthermore, the recitation of “capable of” renders the claim indefinite because it is unclear whether the “capable” language is optional, or an actual requirement of the claim. Since this is a recitation of intended use in the preamble, it has not been given patentable weight.
Claim 4, line 5 recites “the second right drive element” which lacks antecedent basis.
Claim 9, line 1 recites “A massage chair comprising a body and the leg-and-foot device of claim” which is confusing because no claim number is provided. For purposes of Examination, this has been assumed to be claim 1.
The claim limitations “driving segment of the first left drive element”, “driving segment of the first right drive element”, “driving segment of the second left drive elemen”, and “driving segment of the second right drive element” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Paragraph [0028] states the first left drive element “has a first driving segment which moves reciprocately along a length direction (i.e., the user’s left leg) of the left leg-and-foot massage portion 12” but no actual structure is referred to. Similarly, there is no structure described for any “driving segment.” Therefore, claim 1 and claim 5 are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The remaining claims are rejected based on their dependence on a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 111773034 A).
Regarding claim 1, Wang discloses a leg-and-foot device (pair of leg massage plates 6, supporting rod 3, and telescopic rods 9, see Fig. 1, Fig. 5) capable of being driven solely comprising:
a base (supporting rod 3, Fig. 1), a left leg-and-foot massage portion (there are a pair of leg-and-foot massage portions 6, 7, 8, 601, as seen in Fig. 5. Each leg massage plate 6 includes a massage head 601, second electric telescopic rod 7, and pedal 8, see Fig. 1), a right leg-and foot massage portion (there are a pair of leg-and-foot massage portions 6, 7, 8, 601, see Fig. 1, Fig. 5), a first left drive element (first electric telescopic rod 9 with sliding block 10 and sliding groove 11, Fig. 1; there is a telescopic rod 9 with sliding block 10 and sliding groove 11 for each of the left and right legs, as seen in Fig. 5) and a first right drive element (first electric telescopic rod 9 with sliding block 10 and sliding groove 11, Fig. 1; there is a telescopic rod 9 with sliding block 10 and sliding groove 11 for each of the left and right legs, as seen in Fig. 5) which are connected on the base (connected at supporting rod 3, Fig. 1);
wherein a driving segment (sliding block 10, Fig. 1; there is a sliding block 10 for each of the left and right legs, as seen in Fig. 5) of the first left drive element (9) is connected (at sliding groove 11, Fig. 1, Fig. 5) with the left leg-and foot massage portion (the 6, 7, 8, 601, portion for the left leg/foot, Fig. 1, Fig. 5) and is configured to drive the left leg-and-foot massage portion to stretch and retract (the leg-and-foot massage portion moves to and away from the base 3 via the telescopic movement of telescopic rod 9, see Fig. 1, Fig. 5; “two of the leg massage plate 6 for mutually staggered swinging movement (as shown in FIG. 5), like the swinging movement of people leg walking, which can make the leg of the patient automatically swing rehabilitation training” see the first paragraph of page 6 of the English translation) with respect to the base (3); and
wherein a driving segment (sliding block 10, Fig. 1; there is a sliding block 10 for each of the left and right legs, as seen in Fig. 5) of the first right drive element (9) is connected (at sliding groove 11, Fig. 1, Fig. 5) with the right leg-and foot massage portion (the 6, 7, 8, 601, portion for the right leg/foot, Fig. 1, Fig. 5) and is configured to drive the right leg-and-foot massage portion to stretch and retract (the leg-and-foot massage portion moves to and away from the base 3 via the telescopic movement of telescopic rod 9, see Fig. 1, Fig. 5; “two of the leg massage plate 6 for mutually staggered swinging movement (as shown in FIG. 5), like the swinging movement of people leg walking, which can make the leg of the patient automatically swing rehabilitation training” see the first paragraph of page 6 of the English translation) with respect to the base (3).
Regarding claim 3, Wang discloses further comprising at least one control element (controller 14, Fig. 1) which is electrically connected with the first left drive element (the telescopic rod 9 associated with the left leg) and the first right drive element (the telescopic rod 9 associated with the right leg) to control the left leg-and-foot massage portion (the 6, 7, 8, 601, portion for the left leg/foot, Fig. 1, Fig. 5) and/or the right leg-and-foot massage portion (the 6, 7, 8, 601, portion for the right leg/foot, Fig. 1, Fig. 5) to move (“the controller 14 controls the transmission 15, to adjust the length of the first electric telescopic rod 9, so as to adjust the leg massage plate 6 of the swing travel and speed, to adapt to the body of different patients” see the second paragraph of page 6 of the English translation).
Regarding claim 7, Wang discloses wherein the left leg-and-foot massage portion (the 6, 7, 8, 601, portion for the left leg/foot, Fig. 1, Fig. 5) and the right leg-and-foot massage portion (the 6, 7, 8, 601, portion for the right leg/foot, Fig. 1, Fig. 5) respectively include at least one massaging element (each includes rubber massage head 601, Figs. 1-3).
Regarding claim 8, Wang discloses wherein one of the base (3) and the left leg-and-foot massage portion (the 6, 7, 8, 601, portion for the left leg/foot, Fig. 1, Fig. 5) includes a left slide rail (the base 3 “includes” the portion of sliding block 10 that slides in sliding groove 11, see Fig. 2 as the base 3 is operably connected to the sliding block 10 via telescopic rod 9), and the other of the base and the left leg-and-foot massage portion (the 6, 7, 8, 601, portion for the left leg/foot, Fig. 1, Fig. 5) includes a left receiving groove (sliding groove 11, Figs. 1-2) mating with the left slide rail (10, see Fig. 2); one of the base (3) and the right leg-and-foot massage portion (the 6, 7, 8, 601, portion for the right leg/foot, Fig. 1, Fig. 5) includes a right slide rail (the base 3 “includes” the portion of sliding block 10 that slides in sliding groove 11, see Fig. 2 as the base 3 is operably connected to the sliding block 10 via telescopic rod 9), and the other of the base and the right leg-and-foot massage portion (the 6, 7, 8, 601, portion for the right leg/foot, Fig. 1, Fig. 5) includes a right receiving groove (sliding groove 11, Figs. 1-2) mating with the right slide rail (10, see Fig. 2).
Regarding claim 9, Wang discloses a massage chair (seat plate 4 and backrest plate 5 form a chair, see Fig. 1) comprising a body (bottom plate 1, supporting pipe 2, and seat plate 4, Fig. 1) and the leg-and-foot device (pair of leg massage plates 6, supporting rod 3, and telescopic rods 9, see Fig. 1, Fig. 5) of claim [1] connected on the body (the body 1, 2, 4, supports the supporting rod 3, which is coupled to the leg plates 6 via telescopic rod(s) 9 and at the upper end of 6).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 111773034 A) in view of Kim et al. (2025/0143955).
Regarding claim 2, Wang discloses the left/right left-and-foot massage portions are mounted on the extending rod of the linear actuator (9, see Fig. 1, Fig. 5), but is silent regarding wherein the first left drive element includes a left-moving drive motor, a left screw rod connected with the left-moving motor, and a left screw mating with the left screw rod, wherein the left leg-and-foot massage portion is mounted on the left screw; the first right drive element includes a right-moving drive motor, a right screw rod connected with the right-moving drive motor, and a right screw mating with the right screw rod, wherein the right leg-and-foot massage portion is mounted on the right screw. However, screw rod linear actuators are well known and would provide an expected result of being a suitable alternative to the electric telescopic rod(s) 9 of Wang).
For example, Kim teaches a related massage chair with a pair of linear actuators extending/retracting the position of the left and right leg-and-foot massage portions (first leg massage unit 2000a, second leg massage unit 2000b, Fig. 19). The first left drive element includes a left-moving drive motor (i.e., actuator 2520a, Fig. 19), a left screw rod (lead screw 2510a, Fig. 19) connected with the left-moving motor (see the last sentence of [0250]), and a left screw mating with the left screw rod (“the lead screws 2510a and 2510b may have a spiral formed along the outer surface, and the leg frame 2210 has an inner surface formed to correspond to the lead screws 2510a and 2510b and may include a fixing member through which the lead screws 2510a and 2510b pass” see the first sentence of [0251]), wherein the left leg-and-foot massage portion is mounted on the left screw (see para. [0251] and Figs. 19-20); the first right drive element includes a right-moving drive motor (i.e., actuator 2520b, Fig. 19), a right screw rod (lead screw 2510b, Fig. 19) connected with the right-moving drive motor (see the last sentence of [0250]), and a right screw mating with the right screw rod (“the lead screws 2510a and 2510b may have a spiral formed along the outer surface, and the leg frame 2210 has an inner surface formed to correspond to the lead screws 2510a and 2510b and may include a fixing member through which the lead screws 2510a and 2510b pass” see the first sentence of [0251]), wherein the right leg-and-foot massage portion is mounted on the right screw (see para. [0251] and Figs. 19-20). The use of a screw rod as a linear actuator is well known, and provides an expected result of allowing the motor to drive the lead screw to move linearly and subsequently provide an extension/retraction movement to a traveler (see the first two sentences of [0252]).
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 electric telescopic rods of Wang to be left/right-moving drive motor(s), with left/right screw rod(s) connected with the left/right-moving motor(s), and left/right screw mating with the left/right screw rod(s), wherein the left/right leg-and-foot massage portion(s) are mounted on the left/right screw respectively, as taught by Kim because this is a simple substitution of one known linear actuator for another known linear actuator, and provides expected results that the motor(s) drive the lead screw(s) to move linearly and subsequently provide an extension/retraction movement to a traveler.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 111773034 A) in view of Lin et al. (CN 108814889).
Regarding claim 4, Wang discloses wherein the at least one control element includes a control unit (control unit 14), electrically connected with the first left drive element (first electric telescopic rod 9) and a second right drive element (second electric telescopic rod 7, Fig. 1), but is silent regarding a left leg-and-foot length sensing unit and a right leg-and-foot sensing unit; wherein the control unit is electrically connected with the left leg-and-foot length sensing unit, the right leg-and-foot sensing unit; the left leg-and-foot length sensing unit is connected on the left leg-and-foot massage portion and is configured to sense a length of the user’s left leg, and the right leg-and-foot length sensing unit is connected on the right leg-and-foot massage portion and is configured to sense a length of the user’s right leg.
Lin teaches a related massage chair with a leg and foot portion (foot massage unit 3, leg massage unit 7, connected by foot drive mechanism 4, see Fig. 1), including a left/right leg-and-foot length sensing unit (proximity position sensor 5, Fig. 1), wherein the control unit (controller 6, Fig. 1) is electrically connected with the left/right leg-and-foot length sensing unit (“proximity sensor … connected with the controller” see Abstract), the left/right leg-and-foot sensing unit (sensor 5) is connected on the left/right leg-and-foot massage portion (see proximity sensor 5, Fig. 1, located on the foot massaging unit 3) and is configured to sense a length of the user’s left/right leg (“the proximity sensor senses foot position, so the foot massaging unit according to the leg length of different people to move, adjust the distance between the lower leg massage unit and the foot massage unit and improve the calf massage comfort, relaxing and massaging experience can be very comfortable, beneficial to health.” See English translation). Furthermore, since Wang has separate left and right leg-and-foot massage portions, one of ordinary skill in the art would be motivated to incorporate the proximity sensor of Lin into each of the left and right leg-and-foot massage portions.
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 left and right leg-and-foot massage portions of Wang to each include a leg-and-foot length sensing unit electrically connected to the controller and configured to sense a user’s leg and foot length as taught by Lin because this allows the distance between the calf massager and the foot massager to be adjusted to accommodate the leg length of different people, thereby improving comfort and relaxation.
Regarding claim 5, Wang discloses wherein the left leg-and-foot massage portion (the 6, 7, 8, 601, portion for the left leg/foot, Fig. 1, Fig. 5) includes a left leg massager (601), and the right leg-and-foot massage portion (the 6, 7, 8, 601, portion for the right leg/foot, Fig. 1, Fig. 5) includes a right leg massager (601); wherein the leg-and-foot device further comprises a second left drive element (second electric telescopic rod 7 associated with the left leg-and-foot massage portion, Fig. 1) and a second right drive element (second electric telescopic rod 7 associated with the right leg-and-foot massage portion, Fig. 1), wherein a driving segment (lowermost portion of telescopic rod 7, where it connects to pedal 8, see Fig. 1, Fig. 4) of the second left drive element (7) is connected with the left foot support (8) so as to drive the left foot support (8) to swing vertically (telescopic rod 7 moves the pedal 8 up and down) or rotate (recited alternatively) with respect to the base (3); and a driving segment (lowermost portion of the telescopic rod 7, where it connects to pedal 8, see Fig. 1, Fig. 4) of the second right drive element (7) is connected with the right foot support (8) so as to drive the right foot support (8) to swing vertically (telescopic rod 7 moves the pedal 8 up and down) or rotate (recited alternatively) with respect to the base (3).
Wang is silent regarding a left foot massager and a right foot massager.
Lin teaches a related massage chair with a leg and foot portion (foot massage unit 3, leg massage unit 7, connected by foot drive mechanism 4, see Fig. 1), including a left/right foot massager (foot massage unit 3, Fig. 1) that is able to adjust its distance relative to the left/right leg massager for an improved massage (leg massage unit 7, Fig. 1; “the proximity sensor senses foot position, so the foot massaging unit according to the leg length of different people to move, adjust the distance between the lower leg massage unit and the foot massage unit and improve the calf massage comfort, relaxing and massaging experience can be very comfortable, beneficial to health.” See English translation). Furthermore, since Wang has separate left and right leg-and-foot massage portions, one of ordinary skill in the art would be motivated to incorporate the proximity sensor and foot massager of Lin into each of the left and right leg-and-foot massage portions.
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 left and right leg-and-foot massage portion(s) of Wang to each include a foot massager, and a proximity sensor to allow the controller to adjust the distance between the leg massager and the foot massager as taught by Lin because this allows the distance between the calf massager and the foot massager to be adjusted to accommodate the leg length of different people, thereby improving comfort and relaxation.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 111773034 A) in view of Lin et al. (CN 108814889) as applied to claim 5 above, and further in view of Einav et al. (2008/0132383).
Regarding claim 6, the modified Wang/Lin device discloses wherein the at least one control element includes a control unit (control unit 14 of Wang) electrically connected with the second left drive element and the second right drive element (second electric telescopic rod(s) 7 of Wang).
Wang is silent regarding a left-foot angle sensing unit and a right-foot angle sensing unit, wherein the control unit is electrically connected with the left-foot angle sensing unit, the right-foot angle sensing unit; wherein the left-foot angle sensing unit is disposed on the left foot massager to sense an angle between an axial line of the left foot massager and an axial line of the left leg massager, and the right-foot angle sensing unit is disposed on the right foot massager to sense an angle between the an axial line of the right foot massager and an axial line of the right leg massager.
Einav teaches a related adjustable massage chair (Figs. 2A-5C; “Massage, vibration and/or electrical or other stimulation may be provided by chair” see para. [0055]), including actuators to adjust the angle of the left and right feet (“referring to foot-rest 322, an actuator 330 optionally controls its angles” see the pair of actuators 330 for left/right feet in Fig. 4 and para. [0066]). The actuators (330) include a left-foot angle sensing unit and a right-foot angle sensing unit (“actuators may include sensors for reporting, for example, force, angle and/or speed” see the second sentence of [0065]; “one or more sensors 108 are used to measure one or more parameters of the motion, for example, position, speed, force, tremor, synchronization and other parameters” see para. [0027]), wherein the left-foot angle sensing unit is disposed on the left foot massager (actuator(s) 330 are mounted on the left foot massager area, see Fig. 4) to sense an angle between an axial line of the left foot massager and an axial line of the left leg massager (the actuators 330 adjust the angle of the feet, and include sensors to report the angle), and the right-foot angle sensing unit is disposed on the right foot massager (actuator(s) 330 are mounted on the left foot massager area, see Fig. 4) to sense an angle between the an axial line of the right foot massager and an axial line of the right leg massager (the actuators 330 adjust the angle of the feet, and include sensors to report the angle). The actuators provide an expected result of allowing the foot/ankle to be automatically moved to a desired position and the angle sensing provides an expected result of allowing the sensed data to be fed back to the controller about the position and angle of the various supports, to allow more accurate control of their movements.
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 Wang foot-and-leg portion(s) to include actuators to adjust the foot angle, with left/right foot angle sensing units as taught by Einav because this provides an expected result of allowing the foot/ankle to be automatically moved to a desired position and the angle sensing provides an expected result of allowing the sensed data to be fed back to the controller about the position and angle of the various supports, to allow more accurate control of their movements.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 111773034 A) in view of Fukuyama (2011/0077563).
Regarding claim 10, Wang discloses wherein the body (bottom plate 1 and supporting pipe 2, Fig. 1) includes a holder (bottom plate 1, Fig. 1) and a seat (seat plate 4, back plate 5, Fig. 1), and the leg-and-foot device is rotatably connected on the seat (the leg-and-foot device rotates relative to seat plate 4 as seen in Fig. 1, Fig. 5).
Wang is silent regarding the seat rotatably connected on the holder; the massage chair further includes a push assembly disposed on the holder and configured to drive the seat to rotate with respect to the holder and/or configured to drive the leg-and-foot device to rotate relative to the seat.
Fukuyama teaches a related massage chair with a seat (seat portion 1, backrest portion 2, Fig. 1) rotatably connected on a holder (the seat is reclinable relative to the fixed frame 10, Fig. 1), the massage chair (Fig. 1) including a push assembly (drive apparatus 35, Fig. 1) disposed on the holder (10, Fig. 1) and configured to drive the seat to rotate (i.e., recline) with respect to the holder (10; see Figs. 1-2 and para. [0071]-[0072]). This provides an expected result of allowing the seat to recline, to improve comfort.
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 seat of Wang to be rotatably connected on the holder; the massage chair further includes a push assembly disposed on the holder and configured to drive the seat to rotate with respect to the holder as taught by Fukuyama because this provides an expected result of allowing the seat to recline, to improve comfort.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anders (2005/0209055) discloses a related full body stretching device with left and right foot actuators to extend/retract. Kang et al. (2024/0358578) discloses a related massage chair with independently operable leg unit(s). Le et al. (2022/0395422) discloses a related massage chair with stretching effects to move the leg rests. Kong et al. (2022/0047448) discloses a related massage chair with calf expanding/retracting effect, and a leg length determination. Wang et al. (CN 109481237 A) discloses a related rehabilitation chair with individually movable leg modules that collect knee joint angle and ankle joint angle. Zhang et al. (CN 110074925 A) discloses a related rehabilitation chair with left and right leg portions that are extended and retracted by a linear actuator. Yin (CN 116077323 A) discloses a related massage chair with a linear actuator that extends and retracts a massage portion relative to a base. Seo et al. (KR 20160149679 A) discloses a related rehabilitation chair with actuatable leg rests. Yu (CN 114129421 A) discloses a related massage chair with linear actuator(s) to extend/retract a massage device. Zhu et al. (CN 115300867 A) discloses a related massage chair with separate left and right leg portions coupled to telescopic rod(s). Ye (CN 108354793 A) discloses a related massage chair with left and right leg massage portions.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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