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 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to because Figures 1-4 are grayscale drawings or photographs. The details of these grayscale drawings and/or photographs are such that they are not clearly reproducible in the printed application. According to 37 CFR 1.84(b)(1), black and white photographs are not permitted unless they are the only practicable medium for illustrating the claimed invention. Grayscale drawings will be treated as black and white photographs. In the instant case, each of Figures 1-4 could be represented by line drawings. Therefore, the photographs and/or grayscale drawings are not the only practicable medium for illustrating the claimed invention. Thus, the drawings are objected to, and line drawings should be provided instead.
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 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 § 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, 8, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wersland et al. (2020/0261307).
Regarding claim 1, Wersland discloses a handheld massager (Fig. 1) comprising:
a generally cylindrical main body (see “1. Main Body” in annotated Figure A below. The third handle portion 147, Figs. 1-2, is shown to have rounded surfaces and a tubular shape and thus generally cylindrical) having a major axis (axis A3, Fig. 1) and two opposing ends (see Figure A below, the third main body 1 has a first end adjacent the head shell 2, and a second end adjacent axis A2 as seen in Figure 1) with a motor mounted therein (motor 106, see Fig. 13; “the motor 106 is housed in the third handle portion 147” see the last sentence of [0120]);
a head shell (see “2. Head Shell” in annotated Figure A below) attached to said main body (see Fig. A) at a first of said two ends (head shell 2 is attached to main body 1 at a first end as seen in Fig. A) and including a head mount (actuated output 108, Fig. 2 is included as being supported by the head shell);
a massage head mounted to said head mount (see the unlabeled rounded massage treatment structure in Fig. 3. The device has “a treatment structure operatively connected to a distal end of the actuated output” see lines 8-9 of [0025]. The head mount 108 has tabs 497 in Fig. 1, Fig. 9, that “help with proper alignment with the treatment structure. See U.S. Patent App. No. 2019/0017528, the entirety of which is incorporated herein by reference” see para. [0134]);
a secondary handle (second handle portion 145, Fig. 1) attached to said main body (1, Fig. A; 147, Fig. 1) at a second of said two ends (attached at the second end, along axis A2, Fig. 1); and
a battery (battery 114, Fig. 6, Fig. 13) electrically connected to said motor (the motor “converts power from the power source into motion” see the first sentence of [0042]) and mounted within said secondary handle (“the battery 114 is housed in the second handle portion 145” see the last sentence of [0120] and see Fig. 6, Fig. 13), said secondary handle (145) and battery (114) combination extending along a secondary main axis (axis A2, Fig. 1; see Fig. 13);
wherein said motor drives said massage head to percuss (“an actuated output [108] operatively connected to the motor and configured to reciprocate in response to activation of the motor, and a treatment structure operatively connected to a distal end of the actuated output” see lines 6-9 of [0025]) along a main axis (the axis associated with actuated output 108, Fig. 2) generally parallel to said secondary main axis (A2, Fig. 1) and non-parallel to said major axis (A3, Fig. 1; the axis of the actuated output 108 is rotatable to a desired position relative to the housing, see para. [0108]. Thus, the axis of the actuated output 108 may be rotated to be generally parallel to the secondary main axis A2 and non-parallel to the major axis A3 such as the position shown in Figure 36).
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Annotated Figure A (from Fig. 2 of Wersland): Wersland has a main body (1, shaded gray), that is shown to have rounded surfaces and a tubular shape and thus generally cylindrical. The main body (1) is attached at one end to a head shell (2, shaded black), the head shell being a substantially circular shell.
Regarding claim 2, Wersland discloses wherein said head shell (2, Fig. A above) extends further along said major axis (A3, Fig. 1) than said head mount (108 having tabs 497, Fig. 1) extends along said main axis (the length of the head shell 2 along axis A3 is greater than the length of the head mount along axis A3, see Fig. 1).
Regarding claim 3, Wersland discloses wherein said main body (1, Fig. A above) extends further along said major axis (A3, Fig. 1) than said secondary handle (145, Fig. 1) extends along said secondary main axis (A2, Fig. 1; the main body is shown to be greater in length. See also Fig. 1A and lines 14-15 of [0122], the distance H3 associated with part of the main body 1 is 96 mm, greater than the distance H2, 66 mm, of the secondary handle 145).
Regarding claim 8, Wersland discloses, wherein said main body (1, Fig. A above) extends further along said major axis (A3, Fig. 1) than said secondary handle (145, Fig. 1) extends along said secondary main axis (A2, Fig. 1; the main body is shown to be greater in length. See also Fig. 1A and lines 14-15 of [0122], the distance H3 associated with part of the main body 1 is 96 mm, greater than the distance H2, 66 mm, of the secondary handle 145).
Regarding claim 20, Wersland discloses a handle (handle portions 143, 145, 147, Fig. 1) for a handheld massager (Fig. 1), the handle comprising:
a generally cylindrical main body (see “1. Main Body” in annotated Figure A above. The third handle portion 147, Figs. 1-2, is shown to have rounded surfaces and a tubular shape and thus generally cylindrical) having a major axis (axis A3, Fig. 1) and two opposing ends (see Figure A above, the third main body 1 has a first end adjacent the head shell 2, and a second end adjacent axis A2 as seen in Figure 1);
a head shell (see “2. Head Shell” in annotated Figure A above) attached to said main body (see Fig. A) at a first of said two ends (head shell 2 is attached to main body 1 at a first end as seen in Fig. A) and including a head mount (actuated output 108, Fig. 2 is included as being supported by the head shell);
a secondary handle (second handle portion 145, Fig. 1) attached to said main body (1, Fig. A; 147, Fig. 1) at a second of said two ends (attached at the second end, along axis A2, Fig. 1), said secondary handle extending along a secondary main axis (A2, Fig. 1); and
wherein said head mount (108) extends along a main axis (the axis associated with actuated output 108, Fig. 2) generally parallel to said secondary main axis (A2, Fig. 1) and non-parallel to said major axis (A3, Fig. 1; the axis of the actuated output 108 is rotatable to a desired position relative to the housing, see para. [0108]. Thus, the axis of the actuated output 108 may be rotated to be generally parallel to the secondary main axis A2 and non-parallel to the major axis A3 such as the position shown in Figure 36).
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) 4-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wersland et al. (2020/0261307) in view of Wersland et al. (2020/0405574) (hereinafter “Wersland ‘574”).
Regarding claim 4, Wersland is silent regarding wherein said motor drives said massage head via rotation of an eccentric weight about said major axis.
Wersland ‘574 teaches a related percussive massage device (Fig. 1) wherein the motor (motor 14, Fig. 3) drives a massage head (massage attachment 105, Figs. 1-3) via rotation of an eccentric weight (eccentric weight member 54, Fig. 3, Figs. 8-9) about a major axis (eccentric 54 rotates about motor shaft 16, Fig. 4; see para. [0046] and note that the motor shaft of the primary reference Wersland is already along its major axis A3, see Fig. 1, Fig. 13). The eccentric weight is part of a variable amplitude assembly (12, Fig. 4) to allow a user-adjustable amplitude (see para. [0005]) by an input (see the last sentence of [0005]).
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 reciprocation mechanism of Wersland to include an eccentric weight that rotates about the major axis as taught by Wersland ‘574 to provide a variable amplitude assembly that the user can easily adjust by an input.
Regarding claim 5, the modified Wersland/Wersland ‘574 device discloses wherein said eccentric weight (54, Wersland ‘574) rotates in a plane generally parallel to said main axis (see Figs. 3-4 of Wersland ‘574, the eccentric weight 54 extends parallel to the output shaft 20, and thus would rotate in a plane generally parallel to the axis of reciprocation of output shaft 20).
Regarding claim 9, Wersland is silent wherein said motor drives said massage head via rotation of an eccentric weight about said major axis.
Wersland ‘574 teaches a related percussive massage device (Fig. 1) wherein the motor (motor 14, Fig. 3) drives a massage head (massage attachment 105, Figs. 1-3) via rotation of an eccentric weight (eccentric weight member 54, Fig. 3, Figs. 8-9) about a major axis (eccentric 54 rotates about motor shaft 16, Fig. 4; see para. [0046] and note that the motor shaft of the primary reference Wersland is already along its major axis A3, see Fig. 1, Fig. 13). The eccentric weight is part of a variable amplitude assembly (12, Fig. 4) to allow a user-adjustable amplitude (see para. [0005]) by an input (see the last sentence of [0005]).
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 reciprocation mechanism of Wersland to include an eccentric weight that rotates about the major axis as taught by Wersland ‘574 to provide a variable amplitude assembly that the user can easily adjust by an input.
Regarding claim 10, the modified Wersland/Wersland ‘574 device discloses wherein said eccentric weight (54, Wersland ‘574) rotates in a plane generally parallel to said main axis (see Figs. 3-4 of Wersland ‘574, the eccentric weight 54 extends parallel to the output shaft 20, and thus would rotate in a plane generally parallel to the axis of reciprocation of output shaft 20).
Claim(s) 6-7, 11-13, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wersland et al. (2020/0261307) in view of Fuhr et al. (2014/0031866).
Regarding claim 6, Wersland discloses wherein said battery (114) may be replaceable or removable (see the first sentence of [0119]), but is silent regarding wherein said battery includes a portion partially exposed from said secondary handle.
Fuhr teaches a related percussive massage device (Fig. 1) wherein the battery (removable battery 30, Figs. 2-3) includes a portion partially exposed from the associated handle (by depressing the “battery release buttons” in Figure 2, the battery will have a portion partially exposed from handle 12 as seen in Figure 3). This provides an expected result that the battery can be easily removable for recharging or replacing (see first two sentences of [0011]).
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 battery and secondary handle of Wersland to have battery release buttons so the battery includes a portion partially exposed from the secondary handle as taught by Fuhr because this provides an expected result that the battery can be easily removable for recharging or replacing.
Regarding claim 7, the modified Wersland/Fuhr device discloses wherein said battery (114 of Wersland, as modified by Fuhr) includes a cover on said partially exposed portion (see Figs. 2-3 of Fuhr, the lowermost portion of the “removable battery” includes a cover that mates with the remainder of the housing 12).
Regarding claim 11, Wersland discloses a handheld massager (Fig. 1) comprising:
a generally cylindrical main body (see “1. Main Body” in annotated Figure A above. The third handle portion 147, Figs. 1-2, is shown to have rounded surfaces and a tubular shape and thus generally cylindrical) having a major axis (axis A3, Fig. 1) and two opposing ends (see Figure A above, the third main body 1 has a first end adjacent the head shell 2, and a second end adjacent axis A2 as seen in Figure 1) with a motor mounted therein (motor 106, see Fig. 13; “the motor 106 is housed in the third handle portion 147” see the last sentence of [0120]);
a head shell (see “2. Head Shell” in annotated Figure A above) attached to said main body (see Fig. A) at a first of said two ends (head shell 2 is attached to main body 1 at a first end as seen in Fig. A) and including a head mount (actuated output 108, Fig. 2 is included as being supported by the head shell);
a massage head mounted to said head mount (see the unlabeled rounded massage treatment structure in Fig. 3. The device has “a treatment structure operatively connected to a distal end of the actuated output” see lines 8-9 of [0025]. The head mount 108 has tabs 497 in Fig. 1, Fig. 9, that “help with proper alignment with the treatment structure. See U.S. Patent App. No. 2019/0017528, the entirety of which is incorporated herein by reference” see para. [0134]);
a secondary handle (second handle portion 145, Fig. 1) attached to said main body (1, Fig. A; 147, Fig. 1) at a second of said two ends (attached at the second end, along axis A2, Fig. 1); and
a battery (battery 114, Fig. 6, Fig. 13) electrically connected to said motor (the motor “converts power from the power source into motion” see the first sentence of [0042]) and mounted within said secondary handle (“the battery 114 is housed in the second handle portion 145” see the last sentence of [0120] and see Fig. 6, Fig. 13), said secondary handle (145) and battery (114) combination extending along a secondary main axis (axis A2, Fig. 1; see Fig. 13) generally perpendicular to said major axis (see A2, A3, Fig. 1);
wherein said motor drives said massage head to percuss (“an actuated output [108] operatively connected to the motor and configured to reciprocate in response to activation of the motor, and a treatment structure operatively connected to a distal end of the actuated output” see lines 6-9 of [0025]) along a main axis (the axis associated with actuated output 108, Fig. 2) generally perpendicular to said major axis (A3, Fig. 1; the axis of the actuated output 108 is rotatable to a desired position relative to the housing, see para. [0108]. Thus, the axis of the actuated output 108 may be rotated to be generally perpendicular to the major axis A3 such as the position shown in Figure 36).
Wersland discloses wherein said battery (114) may be replaceable or removable (see the first sentence of [0119]), but is silent regarding the battery being mounted “partially” within said secondary handle.
Fuhr teaches a related percussive massage device (Fig. 1) wherein the battery (removable battery 30, Figs. 2-3) is only partially mounted within a handle (see Figs. 2-3, the handle is considered the portion of 12 above the “removable battery.” Thus, when the battery is attached, it is only partially mounted within the handle, as it also extends beyond this portion). The battery is removable by depressing the “battery release buttons” (see Figure 2). This provides an expected result that the battery can be easily removable for recharging or replacing (see first two sentences of [0011]).
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 battery and secondary handle of Wersland to have battery release buttons and the battery being mounted partially within the secondary handle as taught by Fuhr because this provides an expected result that the battery can be easily removable for recharging or replacing.
Regarding claim 12, the modified Wersland/Fuhr device discloses wherein said head shell (2, Fig. A above) extends further along said major axis (A3, Fig. 1) than said head mount (108 having tabs 497, Fig. 1) extends along said main axis (the length of the head shell 2 along axis A3 is greater than the length of the head mount along axis A3, see Fig. 1).
Regarding claim 13, the modified Wersland/Fuhr device discloses wherein said main body (1, Fig. A above) extends further along said major axis (A3, Fig. 1) than said secondary handle (145, Fig. 1) extends along said secondary main axis (A2, Fig. 1; the main body is shown to be greater in length. See also Fig. 1A and lines 14-15 of [0122], the distance H3 associated with part of the main body 1 is 96 mm, greater than the distance H2, 66 mm, of the secondary handle 145).
Regarding claim 16, Wersland discloses wherein said battery (114) may be replaceable or removable (see the first sentence of [0119]), but is silent regarding wherein said battery includes a portion partially exposed from said secondary handle.
Fuhr teaches a related percussive massage device (Fig. 1) wherein the battery (removable battery 30, Figs. 2-3) includes a portion partially exposed from the associated handle (by depressing the “battery release buttons” in Figure 2, the battery will have a portion partially exposed from handle 12 as seen in Figure 3). This provides an expected result that the battery can be easily removable for recharging or replacing (see first two sentences of [0011]).
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 battery and secondary handle of Wersland to have battery release buttons so the battery includes a portion partially exposed from the secondary handle as taught by Fuhr because this provides an expected result that the battery can be easily removable for recharging or replacing.
Regarding claim 17, the modified Wersland/Fuhr device discloses wherein said battery (114 of Wersland, as modified by Fuhr) includes a cover on said partially exposed portion (see Figs. 2-3 of Fuhr, the lowermost portion of the “removable battery” includes a cover that mates with the remainder of the housing 12).
Regarding claim 18, the modified Wersland/Fuhr device discloses wherein said main body (1, Fig. A above) extends further along said major axis (A3, Fig. 1 of Wersland) than said secondary handle (145, Fig. 1 of Wersland) extends along said secondary main axis (A2, Fig. 1; the main body is shown to be greater in length. See also Fig. 1A and lines 14-15 of [0122] of Wersland, the distance H3 associated with part of the main body 1 is 96 mm, greater than the distance H2, 66 mm, of the secondary handle 145).
Claim(s) 14-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wersland et al. (2020/0261307) in view of Fuhr et al. (2014/0031866) as applied to claims 11 and 13 above, and further in view of Wersland et al. (2020/0405574) (“Wersland ‘574”).
Regarding claim 14, the modified Wersland/Fuhr device is silent regarding wherein said motor drives said massage head via rotation of an eccentric weight about said major axis.
Wersland ‘574 teaches a related percussive massage device (Fig. 1) wherein the motor (motor 14, Fig. 3) drives a massage head (massage attachment 105, Figs. 1-3) via rotation of an eccentric weight (eccentric weight member 54, Fig. 3, Figs. 8-9) about a major axis (eccentric 54 rotates about motor shaft 16, Fig. 4; see para. [0046] and note that the motor shaft of the primary reference Wersland is already along its major axis A3, see Fig. 1, Fig. 13). The eccentric weight is part of a variable amplitude assembly (12, Fig. 4) to allow a user-adjustable amplitude (see para. [0005]) by an input (see the last sentence of [0005]).
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 reciprocation mechanism of Wersland/Fuhr to include an eccentric weight that rotates about the major axis as taught by Wersland ‘574 to provide a variable amplitude assembly that the user can easily adjust by an input.
Regarding claim 15, the modified Wersland/Fuhr/Wersland ‘574 device discloses wherein said eccentric weight (54, Wersland ‘574) rotates in a plane generally parallel to said main axis (see Figs. 3-4 of Wersland ‘574, the eccentric weight 54 extends parallel to the output shaft 20, and thus would rotate in a plane generally parallel to the axis of reciprocation of output shaft 20).
Regarding claim 19, the modified Wersland/Fuhr device is silent regarding wherein said motor drives said massage head via rotation of an eccentric weight about said major axis.
Wersland ‘574 teaches a related percussive massage device (Fig. 1) wherein the motor (motor 14, Fig. 3) drives a massage head (massage attachment 105, Figs. 1-3) via rotation of an eccentric weight (eccentric weight member 54, Fig. 3, Figs. 8-9) about a major axis (eccentric 54 rotates about motor shaft 16, Fig. 4; see para. [0046] and note that the motor shaft of the primary reference Wersland is already along its major axis A3, see Fig. 1, Fig. 13). The eccentric weight is part of a variable amplitude assembly (12, Fig. 4) to allow a user-adjustable amplitude (see para. [0005]) by an input (see the last sentence of [0005]).
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 reciprocation mechanism of Wersland/Fuhr to include an eccentric weight that rotates about the major axis as taught by Wersland ‘574 to provide a variable amplitude assembly that the user can easily adjust by an input.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Curley (2022/0354735 and 12,350,222) discloses a related percussive massage device with a cylindrical main body that is perpendicular to the reciprocating shaft at one end and to a secondary handle at the opposite end. Keller et al. (2006/0293711) discloses a related percussive massage device with a partially exposed battery, and a secondary handle that is parallel to the reciprocating shaft. McDonald et al. (2006/0282025) discloses a related massage device with a main body having a massage mechanism perpendicular to the main body at one end, and a secondary handle perpendicular to the main body at the opposite end. Nazarian et al. (2020/0352820) discloses a related percussive massage device with a motor in a cylindrical main body and a battery in a perpendicular secondary handle. Lee et al. (2021/0244609 and 10,959,908) discloses a related percussive massage device having a first handle and a secondary handle, with the motor in the first handle and the battery in the secondary handle, and the output shaft being adjustable to different angles that can align with either handle. Tellam (2022/0117841) discloses a secondary handle for a percussive massage device. Osawa (4,669,452) discloses a related massage device with a secondary handle housing the battery, that can rotate relative to a main body. Brotto (7,273,159) discloses a related pistol type electric tool with a battery pack that is partially exposed in the handle. Hart et al. (12,102,583) discloses a related percussive massage device with a battery housed in a secondary handle. Marton et al. (10,993,874 and 11,478,400 and 11,723,830) discloses a related percussive massage device with a battery installed in the handle. Wersland et al. (10,702,448) discloses a related percussive massage device with a battery installed in a secondary handle. Lawrie (11,974,956) discloses a related secondary handle for a percussive massage device. Dai et al. (11,877,976) discloses a related percussive massage device with batteries mounted substantially parallel to the reciprocation axis, in a secondary handle that is partially removed. Noble et al. (4,730,605) discloses a related percussive massage device having a secondary handle that extends generally parallel to the reciprocation axis. Pivaroff (6,682,496) discloses a related percussive massage device with a cylindrical main body extending to a head mount at one end, perpendicular to an axis of reciprocation.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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