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 .
Response to Amendment
This Office Action is in response to an amendment filed on 9/24/2025. As directed by the amendment, no claims were canceled, claims 1, 3-5, 7, and 19 were amended, and no new claims were added. Thus, claims 1-20 are pending for this application, with claims 1-8 and 11-20 are under examination, and claims 9-10 withdrawn from consideration.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 7, 11, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cun (US 12,186,257) in view of Aponte (US 6,994,680).
Regarding claim 1, Cun discloses (Fig. 1-6) an elastic tapping massage structure, comprising:
a drive assembly (comprising motor 23, cam 25 and output shaft 21) comprising a drive end (portion of output shaft 21 positioned within pressing section 32), wherein the drive end is configured to perform oscillating motion (Col. 5 lines 68-68);
an elastic body (pressing section 32, made of silicone, an elastic material, Col. 5 lines 25-28) comprising a connecting end (bottom end connected to drive end, see Fig. 4) and a motion end (top end 321, Fig. 4);
wherein the connecting end is coupled with the drive end (see Fig. 4);
the motion end is sectioned into a plurality of flaps in a length direction (plurality of flaps 321 shown in Fig. 5); and
the oscillating motion of the drive end causes the elastic body to present a wave-like bending morphology in an axial direction of the elastic body (Col. 5 lines 1-9).
Cun does not disclose the oscillating motion causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface.
However, Aponte teaches (Fig. 1) a massage device comprising a drive end (hand shaped portion 20 having motor 30) and a motion end sectioned into a plurality of flaps (fingers 22) wherein oscillating motion of the drive end causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface (Aponte discloses a mode where the flaps sequentially tap a target area perpendicular to a tapping surface, and thus independent tapping, in addition to a mode where the flaps simultaneously tap. See Col. 2 lines 20-28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Cun such that the oscillating motion causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface, as taught by Aponte, for the purpose of allowing for two modes of operation of the massage device, thereby improving customization to patient needs (Col. 2 lines 20-28 Aposte).
Regarding claim 7, modified Cun discloses the motion end includes an ordinary section near the connecting end (portion of flap 321 that bulges as shown Fig. 4) and a thickened section away from the connecting end (portion of flap 321 near vibration section 34, see Fig. 4), wherein mass distribution per unit length of the elastic body near the motion end is greater than mass distribution per unit length of the connecting end (motion end is solid whereas the connecting end is hollow, therefore the mass distribution per unit length is greater for the motion end of Cun compared to the connecting end, see Fig. 4 Cun).
Regarding claim 11, modified Cun discloses the elastic body has a length, but is silent regarding it’s specific length value, and thus fails to disclose the length is at least 2 cm. However, outside evidence of criticality, one of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to try to a length of at least 2 cm for the purpose of providing at least minimum size to stimulate female anatomy optimally, since discovering the optimum value only involves routine skill in the art. See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 18, Cun discloses an overall length of the drive end is at most half the length of the elastic body (length of drive end, being portion of output shaft 21 within elastic body 32, is less than half length of elastic body 32, and thus is at most half the length).
Regarding claim 19, Cun discloses (Fig. 1-6) an elastic tapping massage device, comprising: a drive assembly (comprising motor 23, cam 25 and output shaft 21) comprising a drive end (portion of output shaft 21 positioned within pressing section 32), wherein the drive end is configured to perform oscillating motion (Col. 5 lines 68-68);
an elastic body (pressing section 32, made of silicone, an elastic material, Col. 5 lines 25-28) comprising a connecting end (bottom end connected to drive end, see Fig. 4) and a motion end (top end 321, Fig. 4);
wherein the connecting end is coupled with the drive end (see Fig. 4); the motion end is sectioned into a plurality of flaps in a length direction (plurality of flaps 321 shown in Fig. 5); and the oscillating motion of the drive end causes the elastic body to present a wave-like bending morphology in an axial direction of the elastic body (Col. 5 lines 1-9).
Cun does not disclose a cavity having a first opening is formed on the housing, the elastic body is arranged in the cavity; wherein when the elastic body presents the wave-like bending morphology, a curved portion of the elastic body protrudes from the cavity through the first opening. However, as admitted by applicant on page 4 paragraph 2 of the Remarks filed 7/18/2025, this feature is a matter of design choice and would be an obvious variation, and is thus not a patentable feature.
Modified Cun does not disclose the oscillating motion causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface.
However, Aponte teaches (Fig. 1) a massage device comprising a drive end (hand shaped portion 20 having motor 30) and a motion end sectioned into a plurality of flaps (fingers 22) wherein oscillating motion of the drive end causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface (Aponte discloses a mode where the flaps sequentially tap a target area perpendicular to a tapping surface, and thus independent tapping, in addition to a mode where the flaps simultaneously tap. See Col. 2 lines 20-28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of modified Cun such that the oscillating motion causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface, as taught by Aponte, for the purpose of allowing for two modes of operation of the massage device, thereby improving customization to patient needs (Col. 2 lines 20-28 Aposte).
Regarding claim 20, modified Cun does not disclose the cavity has a second opening; wherein when the elastic body presents the wave-like bending morphology, the curved portion of the elastic body protrudes from the cavity through the second opening. However, as admitted by applicant on page 4 paragraph 2 of the Remarks filed 7/18/2025, this feature is a matter of design choice and would be an obvious variation, and is thus not a patentable feature.
Claim(s) 1-6, 8, 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2025/0161147) in view of Aponte (US 6,994,680).
Regarding claim 1, Wang discloses (Fig. 1-7) an elastic (a portion of the device is made of silicone, paragraph [0025], which is elastic) tapping massage structure (performs swinging motion, which is interpreted to encompass a tapping motion, Abstract), comprising:
a drive assembly (stimulation module 40, which includes at least motor 421, eccentric wheel 461, sliding block 462, and swinging bars 441) comprising a drive end (end comprising block 462 and bars 441), wherein the drive end is configured to perform oscillating motion (paragraph [0041]);
an elastic body (swinging portions 26, which are made of silicone, which is elastic, paragraph [0025]) comprising a connecting end (end portion of 26 connected to drive end of stimulation unit 40 as shown in Fig. 3) and a motion end (free end of swinging portion 26);
wherein the connecting end is coupled with the drive end (see Fig. 3); the motion end is sectioned into a plurality of flaps in a length direction (plurality of flaps 26 shown in Fig. 2); and
and the oscillating motion of the drive end causes the elastic body to present a wave-like bending morphology in an axial direction of the elastic body (paragraph [0041]).
Wang does not disclose the oscillating motion causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface.
However, Aponte teaches (Fig. 1) a massage device comprising a drive end (hand shaped portion 20 having motor 30) and a motion end sectioned into a plurality of flaps (fingers 22) wherein oscillating motion of the drive end causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface (Aponte discloses a mode where the flaps sequentially tap a target area perpendicular to a tapping surface, and thus independent tapping, in addition to a mode where the flaps simultaneously tap. See Col. 2 lines 20-28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Wang such that the oscillating motion causes the plurality of flaps to independently tap a target area substantially perpendicular to a tapping surface, as taught by Aponte, for the purpose of allowing for two modes of operation of the massage device, thereby improving customization to patient needs (Col. 2 lines 20-28 Aposte).
Regarding claim 2, modified Wang discloses wherein the motion end of the elastic body is a flat tapping head (free end of swinging portion 26 is flat and provides tapping massage, see Fig. 2-3 and paragraph [0041]-[0042]).
Regarding claim 3, modified Wang discloses wherein a gap is formed between adjacent flaps (see gap between flaps 26 in Fig. 3).
Regarding claim 4, modified Wang discloses wherein a width direction of the flaps is perpendicular to an oscillating direction of the oscillating motion (width direction of the left and right flaps is in up/down direction as shown in Fig. 2, which is perpendicular to the oscillating direction which is left/right in Fig. 2).
Regarding claim 5, modified Wang discloses wherein a number of the flaps is 2 (left and right flaps are two in number in Fig. 3), and each flap is flap-shaped (see shape in Fig. 1 and 3).
Regarding claim 6, modified Wang discloses wherein a Shore hardness of the drive end is greater than a Shore hardness of the elastic body (elastic body made of silicone and drive end is made of a harder material due to including a motor, see paragraph [0025]).
Regarding claim 8, modified Wang discloses the motion end is a free end (see Fig. 2-3).
Regarding claim 12, modified Wang discloses wherein the drive assembly comprises: a drive motor (motor 421) and an eccentric connecting structure (eccentric wheel 461), wherein an operating end of the drive motor is connected to the eccentric connecting structure (see Fig. 5 and paragraph [0036]); and the eccentric connecting structure is connected to the drive end (connected to block 462 of drive end, see Fig. 5).
Regarding claim 13, modified Wang discloses wherein the eccentric connecting structure is an eccentric cam (eccentric wheel 461).
Regarding claim 14, modified Wang discloses wherein the drive end is a sheet structure (swinging bars 441 are sheet shaped as shown in Fig. 5); and the sheet structure is arranged as a curvature (see curvature of sheets in Fig. 5).
Regarding claim 15, modified Wang discloses wherein the drive end comprises: a first end (end having bars 441) and a second end (end having block 462); wherein the first end is an end away from the drive motor (see Fig. 5); the second end is an end near the drive motor (see Fig. 5); and the second end is connected to the eccentric cam (see Fig. 5).
Regarding claim 16, modified Wang discloses wherein the second end is provided with a coupling slot (sliding groove 465) that slides in cooperation with the eccentric cam (cam 461 is fixed and causes block 462, having the slide 465, to slide, paragraph [0038]).
Regarding claim 17, modified Wang discloses wherein the drive end is provided with a hinged portion, and the hinged portion comprises: a mounting hole (hole at top portion of block 462 that is mounted to bottom portion of sliding frame 48) and a rotating shaft (pivot 442); wherein the mounting hole is formed at a position near the second end (see position near motor in Fig. 5-6); and the rotating shaft is rotatably connected to the mounting hole (rotates relative to hole due to being a pivot, paragraph [0041]).
Response to Arguments
Applicant’s amendment filed 9/24/2025 has been fully considered.
Applicant’s arguments with respect to claim(s) 1 and 19 have been considered but are moot because the new ground of rejection relies on one or more new references not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached at 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/JUSTINE R YU/Supervisory Patent Examiner, Art Unit 3785
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