DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2 and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Arcio (US Pub No. 2025/0057726).
Regarding claim 1, Arcio discloses (Figures 1-25) a device (100) for applying pressure to a physiological pressure point (Paragraphs 0053-0057), comprising: a first jaw (150); a second jaw (160) that opposes the first jaw and is in a pivoting and spring biased relationship relative to the first jaw (Paragraphs 0056-0057); and a variable pressure actuator (500) that moves the first jaw toward the second jaw and retracts the first jaw from the second jaw (Paragraphs 0056-0057 and 0064); wherein the second jaw is constructed and arranged to contact a palm of a hand of a user (Paragraphs 0056-0057 and 0064), and the first jaw is constructed and arranged to contact an opposite side of the hand of the user (Paragraphs 0056-0057 and 0064), and the first jaw and the second jaw cooperate to apply pressure at a physiological pressure point of the hand (Paragraphs 0056-0057 and 0064).
Regarding claim 2, further comprising a first tip (130) for concentrating pressure extending from the first jaw and toward the second jaw, and a second tip (320) for concentrating pressure extending from the second jaw and toward the first jaw, wherein the first tip and the second tip are constructed and arranged to cooperatively apply pressure at a physiological pressure point of the hand (Paragraphs 0056-0057 and 0064).
Regarding claim 5, further comprising a quick release mechanism (Paragraph 0066) [Quick-release latch].
Claims 1, 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Labash (US Pub No. 2011/0270013).
Regarding claim 1, Labash discloses (Figures 1-7) a device (10) for applying pressure to a physiological pressure point (Paragraphs 0031 and 0035-0036), comprising: a first jaw (38); a second jaw (92, 66) that opposes the first jaw and is in a pivoting and spring biased relationship relative to the first jaw (Paragraphs 0033-0034); and a variable pressure actuator (12, 126, 122, 118, 120, 124) (Figure 7) that moves the first jaw toward the second jaw and retracts the first jaw from the second jaw (Paragraphs 0040-0045); wherein the second jaw is constructed and arranged to contact a palm of a hand of a user (Paragraphs 0040-0045), and the first jaw is constructed and arranged to contact an opposite side of the hand of the user (Paragraphs 0040-0045), and the first jaw and the second jaw cooperate to apply pressure at a physiological pressure point of the hand (Paragraphs 0033-0034 and 0040-0045).
Regarding claim 3, wherein the variable pressure actuator (12, 126, 122, 118, 120, 124) extends from and pivots relative to the second jaw (Extends from and pivots relative to the second jaw at pivot point 88 as shown in Figure 7) and is pivotable to contact the first jaw (As the variable pressure actuator pivots, it is in contact with the first jaw 38 at pin locations 52 and 54).
Regarding claim 4, wherein the variable pressure actuator (12, 126, 122, 118, 120, 124) extends from and pivots relative to the second jaw (Extends from and pivots relative to the second jaw at pivot point 88 as shown in Figure 7) and is pivotable to contact the first jaw (As the variable pressure actuator pivots, it is in contact with the first jaw 38 at pin locations 52 and 54), and wherein the variable pressure actuator comprises a threaded member (118) and a threaded collar (124).
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 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 of this title, 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Labash (US Pub No. 2011/0270013) as applied to claim 1 above, and further in view of Black (US Pub No. 2017/0333280).
Regarding claim 7, Labash discloses the invention above except for wherein the first tip and the second tip are heated.
Black, in the analogous art of devices for applying pressure, teaches (Figure 14) a fitness device (1400) that includes tips (1414) that are heated (Paragraph 0065). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Labash to have the first tip and the second tip to be heated as taught by Black, in order to relax tight muscles and relieve pain.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Labash (US Pub No. 2011/0270013) as applied to claim 1 above, and further in view of Tima (US Pub No. 2017/0042764).
Regarding claim 8, Labash discloses the invention above except for wherein the first tip and the second tip vibrate.
Tima, in the analogous art of devices for applying pressure, teaches (Figure 1) a device (10) that includes tips (26) that vibrate (Paragraph 0030). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Labash to have the first tip and the second tip to vibrate as taught by Tima, in order to improve blood circulation and provide deeper muscle relaxation.
Allowable Subject Matter
Claims 6 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for indicating allowable subject matter in the dependent claims:
The prior art of record fails to disclose or render obvious the combination of features as claimed. In particular, the prior art of record fails to disclose wherein moving the variable pressure actuator out of the slot moves the first jaw and second jaw apart by the spring biased relationship (claim 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771