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 .
Claims 1-6, filed 11/25/24, are currently pending.
Specification
The disclosure is objected to because of the following informalities: the specification recites that the sliding sleeve comprises a retention post throughout (see paragraphs 7, 29 and 30), however it appears from figures 3 and 6 that the sliding rod insert is the structure that comprises the retention post.
Appropriate correction is required.
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 3-4 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 3 recites “the annular adapting groove is adapted to the sliding sleeve” however it is unclear what the “adapted to” language means here or if there is language missing.
Claim 4 recites “the sliding sleeve comprises a retention post” however it appears from figures 3 and 6 that the sliding rod insert is the structure that comprises the retention post.
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.
(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 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (12,611,360).
Regarding claim 1, in fig. 6 Zhang discloses a sliding rod nesting structure, comprising a sliding rod kit 70, a sliding rod insert 20, and a massage head 100, wherein the sliding rod insert is fixedly connected inside the sliding rod kit (Fig. 6), and the massage head is connected to the sliding rod insert (via threads 105 and 201a, see figures 4 and 5).
Regarding claim 2, Zhang discloses that the massage head 100 is connected to the sliding rod insert 20 in a threaded manner (via threads 105 and 201a, see figures 4 and 5).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nan (2008/0228114).
Regarding claim 1, in fig. 4 Nan discloses a sliding rod nesting structure, comprising a sliding rod kit (30, 16, 2, 3), a sliding rod insert 45, and a massage head 4, wherein the sliding rod insert is fixedly connected inside the sliding rod kit (Fig. 1), and the massage head is connected to the sliding rod insert (see fig. 1-3).
Regarding claim 3, Nan discloses that the sliding rod kit comprises a shock-absorbing sleeve (2, must absorb some amount of shock), a sliding sleeve 16, and a sliding rod holder 30, an annular adapting groove is provided in the shock-absorbing sleeve (annular groove in 2), the annular adapting groove is adapted to the sliding sleeve (allows for the sliding sleeve 16 to fit within 2), and the sliding sleeve 16 is sleeved on the sliding rod holder 30 (Fig. 3-4).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as applied to claim 1 above, and further in view of Choung et al. (2025/0205111).
Regarding claim 5, Zhang is silent regarding that the sliding rod kit is made of metal. However, Choung teaches a sliding rod kit is made of metal (housing 180 and 110 are made of aluminum [0058]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang’s sliding rod kit material with metal, as taught by Choung, for the purpose of providing an alternate material having the predictable results of housing a massage apparatus.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nan, as applied to claim 1 above, and further in view of Williams et al. (2023/0329965).
Regarding claim 6, Nan is silent regarding that the sliding rod insert is made of plastic. However, Williams teaches a sliding rod insert is made of plastic (springs made of polyester/rubber blend [0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nan’s sliding rod insert material with plastic, as taught by Williams, for the purpose of providing an alternate material having the predictable results of providing a spring.
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu (2014/0221887) directed towards a massaging device and Siddhartha (2004/0193080) directed towards a vibrating device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL T SIPPEL whose telephone number is (571)270-1481. The examiner can normally be reached M-F 9:00-5:00 PM.
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/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
