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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 10, 2026 has been entered.
As directed by the amendment: Claims 3, 5, 14-16, 18-19, and 23 were amended. Claim 4 is newly canceled. Claim 25 is newly added, and thus claims 3, 5-7, 9-19, and 21-25 are pending and currently under consideration for patentability under 37 CFR 1.104.
Claim Interpretation - 35 USC § 112(f)
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 Objections
Claims 3 and 23 are objected to because of the following informalities:
Claim 3, line 25 recites “a proximal end of the push rod assembly” and the Examiner suggests –the proximal end of the push rod assembly—to clarify the antecedent basis from line 21.
Claim 23, line 2 recites “percussive massage device” and the Examiner suggests –the percussive massage device—to clarify the antecedent basis.
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.
Claim 17 is 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 17, line 2 recites “a bearing” which is confusing because claim 14 already recites “a bearing” (line 2). If this is meant to refer to the same bearing, the Examiner suggests –the bearing--.
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) 3, 5-6, 9-15, 17-19, and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (2001/0027280) in view of Brookstone (“MAX 2 Dual Node Percussion Massager” https://www.youtube.com/watch?v=u_YY-g5s0Ng. Published Oct 18, 2011).
Regarding claim 3, Huang discloses a percussive massage system (Fig. 1, see title) comprising:
a percussive device (massager 10, Fig. 1) comprising:
a housing (housing 12, Fig. 1);
a handle portion (handle 16, Fig. 1) that extends in a longitudinal direction (the left-to-right direction as viewed in Figure 2);
a motor (electric motor 30, Fig. 5);
an eccentric shaft (see “1. Eccentric Shaft” in annotated Figure A below. This eccentric shaft is part of the crank arm 36 that extends within bearing 42 as seen in Figure 5. This shaft is offset/eccentric relative to the longitudinal axis 44 of motor output shaft 34, see Fig. 5 and para. [0021]) configured to travel in a circle in response to activation of the motor (rotation of output shaft 34 will cause the eccentric shaft to travel in a circle due to being offset relative to the output shaft 34’s longitudinal axis 44, see Fig. 5);
a bearing (rotary bearing 42, Fig. 5);
a push rod assembly (connecting rod 40, stud 46, protrusion 54, screw 56, see Figs. 4-5) connected to the motor (at least operably connected to the motor 30, via crank arm 36 and rotary bearing 42 driving the movement of connecting rod 40, see Fig. 5 and para. [0021]), wherein the push rod assembly includes:
an output shaft (screw 56, Figs. 4-5) configured to reciprocate on a reciprocation path (see “2. Reciprocation Path” in annotated Figure A below. Screw 56 is driven to reciprocate via the connecting rod 40 reciprocating, see Fig. 5 and para. [0021]), wherein the output shaft (56, Figs. 4-5) extends through an opening in the housing (screw 56 extends through an opening in mounting plate 62, and through an opening in bottom housing part 20 as seen in Figures 4-5), and
a push rod (connecting rod 40, Fig. 5) having a proximal end (first end 38, Fig. 5) and a distal end (second end 48, Fig. 5), wherein the proximal end (38) of the push rod (40) receives the eccentric shaft (1, see annotated Figure A below. The proximal end 38 receives both the eccentric shaft 1 and the rotary bearing 42; see the last sentence of [0020]), the proximal end (38) of the push rod (40) is configured to travel in a circle in response to activation of the motor (rotation of output shaft 34 will cause the proximal end 38 of the push rod 40 to travel in a circle due to being mounted with bearing 42 and eccentric shaft 1, which are offset relative to the motor output shaft 34’s longitudinal axis 44, see Fig. 5), and the distal end (48) of the push rod (40) is movably coupled to the output shaft (the distal end 48 is movably coupled to the output shaft 56 via stud 46 and protrusion 54, see Fig. 5); and
a head portion (massage head portion 14, Figs. 1-2) comprising a portion of the housing that encloses the motor (“an electric motor 30 which is disposed within massage head portion 14” see the first sentence of [0020] and see Fig. 5) and a proximal end of the push rod assembly (the proximal end 38 of connecting rod 40 is also the proximal end of the entire push rod assembly, and it is located within head portion 14 as seen in Figure 5), wherein the head portion (14) is located at a longitudinal end of the handle portion (see Figs. 1-2, the enlarged head portion 14 is at a longitudinal end of the handle portion 16),
wherein:
the reciprocation path (2, Fig. A below) is on a dividing plane (see “3. Dividing Plane” in annotated Fig. A below. This is a plane associated with the reciprocation path 2),
a proximal end of the push rod assembly (the proximal end 38 of connecting rod 40 is also the proximal end of the entire push rod assembly, see Fig. 5) is connected to the eccentric shaft (1, see Fig. A below), the bearing (42) is included where the proximal end of the push rod assembly (38) connects to the eccentric shaft (see Figure A below, the bearing 42 is included where the proximal end 38 of the push rod assembly connects to eccentric shaft 1), and the bearing (42) is at a location offset from the dividing plane (3, Fig. A) in a first direction (the bearing 42 is offset from the dividing plane 3 in a “First Direction” seen to the right of dividing plane 3 in Fig. A below), and
the motor (30) extends away from the dividing plane (3, Fig. A) in a second direction that is opposite the first direction (motor 30 extends from the dividing plane 3 in a “Second Direction” seen to the left of dividing plane 3 in Fig. A below. This is opposite the “first” direction); and
at least one attachment (massage node 66, Figs. 4-5) configured to be operatively connected to the output shaft (screw 56; “Massage nodes 66 preferably have a plastic, generally hemispherical internal frame 68 that includes a threaded cylinder 70 such that each massage node 66 can be fastened to each screw 56” see lines 10-13 of [0024]).
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Annotated Figure A (from a partial view of Fig. 5 of Huang): Huang’s crank arm (36) has a portion that is an eccentric shaft (1, shaded black) that extends within bearing (42 as seen in Figure 5). The eccentric shaft (1) is offset/eccentric relative to the longitudinal axis (44) of motor output shaft (34, see para. [0021]). The crank arm (36) and connecting rod (40) produce a reciprocating motion along a reciprocation path (2, see para. [0021]), along a dividing plane (3).
Huang is silent regarding wherein the reciprocation path (2, Fig. A) is at an obtuse angle relative to the longitudinal direction of the handle portion.
Brookstone teaches a related percussion massager (“MAX 2 Dual Node Percussion Massager”) wherein a reciprocation path is at an obtuse angle relative to the longitudinal direction of a handle portion (see “3. Longitudinal Direction” in annotated Figure B below. It is noted that the longitudinal direction for a curved object is the line or axis that runs along its longest dimension or primary axis, following the central line of the object’s shape, and is parallel to its main path or curve). This handle portion near the massage head is stated to “allow[] you to get a great grip so that you can focus in on the right spots when you’re giving or getting a massage” (see the 0:22-0:30 mark of the video).
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Annotated Figure B (from the 0:25 second mark of Brookstone): Brookstone has a reciprocation path (2) at an obtuse angle relative to the longitudinal direction (3) of the handle portion (gripping portion seen above).
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 housing of Huang to be provided with an additional handle portion such that the reciprocation path is at an obtuse angle relative to the longitudinal direction of the handle portion as taught by Brookstone because this provides a secondary handle that allows the user to get a great grip so they can focus in on the right spots with two hands when giving or getting a massage.
It is noted that the handle portion taught by Brookstone would still read on the claim limitation(s) of extending in a longitudinal direction (3, Fig. B above) and the head portion (14, Figs. 1-2 of Huang) is located at a longitudinal end of the handle portion (see Fig. B above).
Regarding claim 5, the modified Huang/Brookstone device discloses wherein the proximal end (38, Fig. 5 of Huang) of the push rod (40, Fig. 5 of Huang) is farther from the reciprocation path (2, Fig. A above) than the distal end (48, Fig. 5 of Huang) of the push rod (see annotated Figure A above, the distal end 48 is substantially aligned with the reciprocation path 2, and the proximal end 38 is offset from the reciprocation path 2 and thus farther from the reciprocation path).
Regarding claim 6, the modified Huang/Brookstone device discloses a switch (on/off switch 22 and/or variable speed lever 24, Fig. 2 of Huang) for activating the motor (turning motor 30 on/off or varying its speed), wherein the switch is located on a portion of the housing that faces an opposite direction from a distal end (48, Fig. 5 of Huang) of the push rod assembly (see Fig. 2 of Huang, the switch 22 and/or 24 is on the upper side of the housing, which is the opposite direction from distal end 48 of the push rod assembly, Fig. 5).
Regarding claim 9, the modified Huang/Brookstone device discloses wherein the housing (12, Huang) includes a first portion (top part 18, Fig. 4 of Huang) that extends away from the handle portion (in the modified device, the handle portion of Brookstone extends from the top of top part 18, Fig. 4 of Huang) and encloses a portion of the push rod assembly (at least a portion of the push rod assembly is surrounded by top part 18, see Fig. 4 of Huang) and a second portion (bottom part 20, Fig. 4 of Huang) that extends away from the handle portion and the first portion (see Fig. 4 of Huang, the bottom part 20 extends away, downwardly from the handle portion of Brookstone which is mounted on the first portion 18).
Regarding claim 10, the modified Huang/Brookstone device discloses wherein the motor (30, Figs. 4-5 of Huang) is located outside of the handle portion (handle portion of Brookstone is separate from the motor 30 of Huang, which is located in the head portion 14, Fig. 5 of Huang).
Regarding claim 11, the modified Huang/Brookstone device discloses wherein the attachment (massage node 66, Figs. 4-5 of Huang) is configured to be connected to a distal end of the push rod assembly (connected to the distal end of screw 56, which is the distal end of the push rod assembly. See Figs. 4-5 of Huang; “Massage nodes 66 preferably have a plastic, generally hemispherical internal frame 68 that includes a threaded cylinder 70 such that each massage node 66 can be fastened to each screw 56” see lines 10-13 of [0024] of Huang).
Regarding claim 12, the modified Huang/Brookstone device discloses wherein the distal end of the push rod assembly (distal end of screw 56, Figs. 4-5 of Huang) includes a distal end of the output shaft (the screw 56 is the output shaft, and the distal end of the screw is the distal end of the push rod assembly, see Figs. 4-5 of Huang), and the attachment (massage node 66, Figs. 4-5 of Huang) is connected to the distal end of the output shaft (“Massage nodes 66 preferably have a plastic, generally hemispherical internal frame 68 that includes a threaded cylinder 70 such that each massage node 66 can be fastened to each screw 56” see lines 10-13 of [0024] of Huang).
Regarding claim 13, the modified Huang/Brookstone device discloses wherein the attachment (massage node 66, Figs. 4-5 of Huang) is removably connected to the distal end of the push rod assembly (“massage nodes 66, preferably hemispherically-shaped, are provided to be removably fastened to screws 56” see the second sentence of [0024] of Huang).
Regarding claim 14, Huang discloses a percussive massage device (Fig. 1, see title) comprising:
a handle portion (handle 16, Fig. 1), a motor (electric motor 30, Fig. 5), a housing (housing 12, Fig. 1), a bearing (rotary bearing 42, Fig. 5), and an output assembly (eccentric shaft 1, Fig. A above, and connecting rod 40, stud 46, protrusion 54, screw 56, see Figs. 4-5), wherein the handle portion (16) comprises a portion of the housing (handle 16 is a segment of the housing 12), and wherein the output assembly includes:
an eccentric shaft (see “1. Eccentric Shaft” in annotated Fig. A above), wherein the motor (30) is configured to apply torque about a motor axis (axis 44, Fig. 5) to the eccentric shaft (rotation of output shaft 34 will cause the eccentric shaft to rotate relative to the output shaft 34’s longitudinal axis 44, see Fig. 5 and para. [0021]); and
a push rod assembly (connecting rod 40, stud 46, protrusion 54, screw 56, see Figs. 4-5) connected to the motor (at least operably connected to the motor 30, via crank arm 36 and rotary bearing 42 driving the movement of connecting rod 40, see Fig. 5 and para. [0021]), wherein the push rod assembly includes an output shaft (screw 56, Figs. 4-5) configured to reciprocate on a reciprocation path (see “2. Reciprocation Path” in annotated Figure A above. Screw 56 is driven to reciprocate via the connecting rod 40 reciprocating, see Fig. 5 and para. [0021]), wherein the output shaft extends through an opening in the housing (screw 56 extends through an opening in mounting plate 62, and through an opening in bottom housing part 20 as seen in Figures 4-5), and
a push rod (connecting rod 40, Fig. 5) having a proximal end (first end 38, Fig. 5) and a distal end (second end 48, Fig. 5), wherein the proximal end (38) of the push rod (40) receives the eccentric shaft (1, see annotated Figure A above. The proximal end 38 receives both the eccentric shaft 1 and the rotary bearing 42; see the last sentence of [0020]), the proximal end (38) of the push rod (40) is configured to travel in a circle in response to activation of the motor (rotation of output shaft 34 will cause the proximal end 38 of the push rod 40 to travel in a circle due to being mounted with bearing 42 and eccentric shaft 1, which are offset relative to the motor output shaft 34’s longitudinal axis 44, see Fig. 5), and the distal end (48) of the push rod (40) is movably coupled to the output shaft (the distal end 48 is movably coupled to the output shaft 56 via stud 46 and protrusion 54, see Fig. 5);
wherein:
a dividing plane (see “3. Dividing Plane” in annotated Fig. A above. This is a plane associated with the reciprocation path 2) is defined perpendicular to the motor axis (dividing plane 3 is perpendicular to the longitudinal axis 44 of the motor shaft, see Fig. 5), and the reciprocation path (2) is on the dividing plane (3, see Fig. A above),
a proximal end of the push rod assembly (the proximal end 38 of connecting rod 40 is also the proximal end of the entire push rod assembly, see Fig. 5) is connected to the eccentric shaft (1, see Fig. A above) at a connection point (38 is connected to eccentric shaft via the interface with rotary bearing 42, see Fig. 5) that travels on a circular path when the motor is active (rotation of output shaft 34 will cause the proximal end 38 of the push rod 40 to travel in a circle due to being mounted with bearing 42 and eccentric shaft 1, which are offset relative to the motor output shaft 34’s longitudinal axis 44, see Fig. 5),
the motor (30) includes an end (leftmost end of 30 in Fig. 5) positioned on an opposite side of the dividing plane (3, Fig. A above) from the circular path of the connection point (the circular path of the connection point, i.e., the movement of rotary bearing 42, proximal end 38, and eccentric shaft 1, is on the right side of the dividing plane 3, as seen in Fig. A above).
Huang is silent regarding an interior angle defined between the handle portion and the output shaft is obtuse.
Brookstone teaches a related percussion massager (“MAX 2 Dual Node Percussion Massager”) wherein a handle portion defines an interior angle relative to the reciprocation path (see the handle portion associated with “3. Longitudinal Direction” in annotated Figure B above, which forms an obtuse angle relative to the reciprocation path 2. The reciprocation path of Brookstone corresponds to where Huang’s reciprocation path and output shaft would be located). This handle portion near the massage head is stated to “allow[] you to get a great grip so that you can focus in on the right spots when you’re giving or getting a massage” (see the 0:22-0:30 mark of the video).
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 housing of Huang to be provided with an additional handle portion such that an interior angle defined between the handle portion and the output shaft is obtuse as taught by Brookstone because this provides a secondary handle that allows the user to get a great grip so they can focus in on the right spots with two hands when giving or getting a massage.
Regarding claim 15, the modified Huang/Brookstone device discloses wherein the housing (12, Huang) includes a first portion (top part 18, Fig. 4 of Huang) that extends away from the handle portion (in the modified device, the handle portion of Brookstone extends from the top of top part 18, Fig. 4 of Huang) and encloses a portion of the push rod assembly (at least a portion of the push rod assembly is surrounded by top part 18, see Fig. 4 of Huang) and the housing includes a second portion (bottom part 20, Fig. 4 of Huang) that extends away from the handle portion and the first portion (see Fig. 4 of Huang, the bottom part 20 extends away, downwardly from the handle portion of Brookstone which is mounted on the first portion 18).
Regarding claim 17, the modified Huang/Brookstone device discloses wherein the percussive massage device includes a bearing (bearing 42, Fig. 5 of Huang) between the eccentric shaft (1, Fig. A above) and the push rod assembly (connecting rod 40, stud 46, protrusion 54, screw 56, see Figs. 4-5), the output shaft (56, Figs. 4-5 of Huang) is centered on the reciprocation path (2, see Fig. A Above), and the motor (30) includes an end positioned on an opposite side of the reciprocation path from the bearing (the motor 30 has a left end that is on the opposite side of the reciprocation path 2 relative to the bearing 42, see Fig. A and Fig. 5 of Huang).
Regarding claim 18, Huang discloses a percussive massage device (Fig. 1, see title) comprising:
a handle portion (handle 16, Fig. 1), a motor (electric motor 30, Fig. 5), and an output assembly (eccentric shaft 1, Fig. A above, and connecting rod 40, stud 46, protrusion 54, screw 56, see Figs. 4-5), wherein the handle portion (16) defines a handle portion axis (longitudinal axis associated with 16, Figs. 1-2), and wherein the output assembly includes:
an eccentric shaft (see “1. Eccentric Shaft” in annotated Fig. A above), wherein the motor (30) is configured to apply torque to the eccentric shaft (rotation of output shaft 34 will cause the eccentric shaft to rotate relative to the output shaft 34’s longitudinal axis 44, see Fig. 5 and para. [0021]); and
a push rod assembly (connecting rod 40, stud 46, protrusion 54, screw 56, see Figs. 4-5) connected to the motor (at least operably connected to the motor 30, via crank arm 36 and rotary bearing 42 driving the movement of connecting rod 40, see Fig. 5 and para. [0021]), wherein the push rod assembly includes an output shaft (screw 56, Figs. 4-5) configured to reciprocate on a reciprocation axis (see “2. Reciprocation Path” in annotated Figure A above. Screw 56 is driven to reciprocate via the connecting rod 40 reciprocating, see Fig. 5 and para. [0021]), wherein the output shaft extends through an opening in the housing (screw 56 extends through an opening in mounting plate 62, and through an opening in bottom housing part 20 as seen in Figures 4-5), and
a push rod (connecting rod 40, Fig. 5) having a proximal end (first end 38, Fig. 5) and a distal end (second end 48, Fig. 5), wherein the proximal end (38) of the push rod (40) receives the eccentric shaft (1, see annotated Figure A above. The proximal end 38 receives both the eccentric shaft 1 and the rotary bearing 42; see the last sentence of [0020]), the proximal end (38) of the push rod (40) is configured to travel in a circle in response to activation of the motor (rotation of output shaft 34 will cause the proximal end 38 of the push rod 40 to travel in a circle due to being mounted with bearing 42 and eccentric shaft 1, which are offset relative to the motor output shaft 34’s longitudinal axis 44, see Fig. 5), and the distal end (48) of the push rod (40) is movably coupled to the output shaft (the distal end 48 is movably coupled to the output shaft 56 via stud 46 and protrusion 54, see Fig. 5);
wherein:
a proximal end of the push rod assembly (the proximal end 38 of connecting rod 40 is also the proximal end of the entire push rod assembly, see Fig. 5) is connected to the eccentric shaft (1, see Fig. A above) at a connection point (38 is connected to eccentric shaft via the interface with rotary bearing 42, see Fig. 5) that travels on a circular path when the motor is active (rotation of output shaft 34 will cause the proximal end 38 of the push rod 40 to travel in a circle due to being mounted with bearing 42 and eccentric shaft 1, which are offset relative to the motor output shaft 34’s longitudinal axis 44, see Fig. 5),
an end of the motor (leftmost end of 30 in Fig. 5) is on an opposite side of the reciprocation axis (left end of 30 is on the left side of the reciprocation axis 2, Fig. A above; see Fig. 5) from the circular path of the connection point (the circular path of the connection point, i.e., the movement of rotary bearing 42, proximal end 38, and eccentric shaft 1, is on the right side of the dividing plane 3, as seen in Fig. A above).
Huang is silent regarding an interior angle defined between the handle portion and the output shaft is obtuse.
Brookstone teaches a related percussion massager (“MAX 2 Dual Node Percussion Massager”) wherein a handle portion defines an interior angle relative to the reciprocation path (see the handle portion associated with “3. Longitudinal Direction” in annotated Figure B above, which forms an obtuse angle relative to the reciprocation path 2. The reciprocation path of Brookstone corresponds to where Huang’s reciprocation path and output shaft would be located). This handle portion near the massage head is stated to “allow[] you to get a great grip so that you can focus in on the right spots when you’re giving or getting a massage” (see the 0:22-0:30 mark of the video).
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 housing of Huang to be provided with an additional handle portion such that an interior angle defined between the handle portion and the output shaft is obtuse as taught by Brookstone because this provides a secondary handle that allows the user to get a great grip so they can focus in on the right spots with two hands when giving or getting a massage.
Regarding claim 19, the modified Huang/Brookstone device discloses wherein the proximal end (38, Fig. 5 of Huang) of the push rod (40, Fig. 5 of Huang) is connected to the eccentric shaft (1, Fig. A above) at the connection point (38 is connected to eccentric shaft via the interface with rotary bearing 42, see Fig. 5 of Huang), and the distal end (48, Fig. 5 of Huang) of the push rod (40, Fig. 5 of Huang) is nearer to the reciprocation axis than the proximal end of the push rod (see annotated Figure A above, the distal end 48 is substantially aligned with the reciprocation path 2, and the proximal end 38 is offset from the reciprocation path 2 and thus the distal end 48 is nearer to the reciprocation axis than the proximal end 38).
Regarding claim 21, the modified Huang/Brookstone device discloses wherein the reciprocation axis (2, Fig. A Above) is on a dividing plane (3, see Fig. A above), and the circular path of the connection point is on an opposite side of the dividing plane (3) from the end of the motor (the circular path of the connection point, i.e., the movement of rotary bearing 42, proximal end 38, and eccentric shaft 1, is on the right side of the dividing plane 3, as seen in Fig. A above, while the left end of motor 30 is on the left side of the dividing plane 3).
Regarding claim 22, the modified Huang/Brookstone device discloses a housing (housing 12, Fig. 1 of Huang) that includes a first portion (top part 18, Fig. 4 of Huang) that extends away from the handle portion (in the modified device, the handle portion of Brookstone extends from the top of top part 18, Fig. 4 of Huang) and encloses a portion of the push rod assembly (at least a portion of the push rod assembly is surrounded by top part 18, see Fig. 4 of Huang) and the housing includes a second portion (bottom part 20, Fig. 4 of Huang) that extends away from the handle portion and the first portion (see Fig. 4 of Huang, the bottom part 20 extends away, downwardly from the handle portion of Brookstone which is mounted on the first portion 18).
Regarding claim 23, the modified Huang/Brookstone device discloses wherein the output shaft (screw 56, Fig. 5 of Huang) is centered on the reciprocation axis (see 2 in annotated Fig. A Above), wherein [the] percussive massage device includes a bearing (rotary bearing 42, Fig. 5 of Huang) where the proximal end (38, Fig. 5 of Huang) of the push rod assembly is connected to the eccentric shaft (1, see Fig. A above), and wherein the bearing (42) is on an opposite side of the reciprocation axis from the end of the motor (the bearing 42 is on the right side of reciprocation axis 2 as seen in Fig. A above, which is the opposite side compared to the left end of motor 30, as seen in Fig. A and Fig. 5 of Huang).
Regarding claim 24, the modified Huang/Brookstone device discloses wherein the handle portion (taught by Brookstone) is generally straight (the handle portion has a slight curvature at its connection to the housing, but it is “generally” straight as it extends along longitudinal direction 3 in annotated Figure B above. The term “generally straight” is quite broad).
Regarding claim 25, the modified Huang/Brookstone device discloses wherein the push rod (40) comprises an angled portion that is angled relative to the reciprocation axis (push rod 40 is L-shaped and thus has a portion that forms a right angle relative to the reciprocation axis 2, see Fig. A above) such that a distal end of the angled portion (portion of “L”-shaped segment near 48, Fig. 5 of Huang) is nearer to the reciprocation axis (2, Fig. A) than a proximal end of the angled portion (the vertically-extending portion of the “L”-shaped segment, see Fig. 5 of Huang) is to the reciprocation axis (2, see Fig. A), and the distal end of the angled portion is located distally beyond a distal-most edge of the motor (30, see Fig. A above).
The modified device does not specifically state that the distal end of the angled portion is located distally beyond a distal-most edge of the motor when the eccentric shaft (1, Fig. A) is at a proximal-most location along the circular path (interpreting “distal-most edge” of the motor to mean the bottom of the motor 30 as seen in Fig. 5 of Huang, the angled “L”-shaped portion of 40 when the eccentric shaft is at its proximal-most location along the circular path is not past the bottom-most edge of the motor as seen in Fig. 5).
However, there does not appear to be any particular criticality to this distinction, and one of ordinary skill in the art would recognize that motor sizes and dimensions may be reduced to provide a more compact device that is lighter weight, and the dimensions of the crank arm (40, Huang) can be elongated to provide a greater percussion stroke amplitude.
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 dimension of the motor of Huang and/or the length of the crank arm of Huang such that the distal end of the angled portion is located distally beyond a distal-most edge of the motor when the eccentric shaft is at a proximal-most location along the circular path, since such a modification would provide expected results such as reducing motor size/weight and/or increasing the percussion amplitude, and would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04(IV)(A).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (2001/0027280) in view of Brookstone (“MAX 2 Dual Node Percussion Massager” https://www.youtube.com/watch?v=u_YY-g5s0Ng. Published Oct 18, 2011) as applied to claim 3 above, and further in view of Marton et al. (2019/0254922).
Regarding claim 7, the modified Huang/Brookstone device discloses wherein the device includes a switch (on/off switch 22 and/or variable speed lever 24, Fig. 2 of Huang) configured for activating the motor (turning motor 30 on/off or varying its speed), but is silent regarding an electronic display that faces a same direction as the switch.
Marton teaches a related percussive massage device (Figs. 1-2, see Title) with a switch for activating the motor (pushbutton switch 162, Fig. 2; see all of para. [0111], the switch advances from an off-state to a first (low) speed of the motor, a second (medium) speed, and a third (high) speed). The switch is adjacent an electronic display (speed indication light-emitting diodes 166A, 166B, 166C, see Fig. 4B and lines 6-17 of [0043]) that faces the same direction as the switch (see Fig. 2, Fig. 4B) to indicate to the user the selected percussion speed of the motor. One of ordinary skill in the art would recognize that this location of the switch and electronic display would be clearly visible during use.
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 switch of Huang/Brookstone to include a corresponding electronic display facing the same direction as taught by Marton because such a position would be expected to be clearly visible for a user to engage with the switch while also viewing the electronic display to determine the current percussion speed.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (2001/0027280) in view of Brookstone (“MAX 2 Dual Node Percussion Massager” https://www.youtube.com/watch?v=u_YY-g5s0Ng. Published Oct 18, 2011) as applied to claim 14 above, and further in view of Pepe (2017/0304145).
Regarding claim 16, the modified Huang/Brookstone device is silent regarding including a battery housed in the handle portion.
Pepe teaches a related handheld percussive massage device (Fig. 1; “to-and-fro motion is part of percussive massage therapy” see lines 19-22 of [0026]) that includes two handle portions (primary handle 12, secondary handle 14, Fig. 1) and a battery is housed in at least one of the handle portion(s) (“The motor is powered by a rechargeable battery, which is preferably housed within one of the handles.” See the last sentence of [0026]). One of ordinary skill in the art would recognize that a rechargeable battery provides predictable advantages, such as improving portability of the device as it would not need to be plugged in during use, and improving convenience by allowing the battery to be recharged.
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 power source and handle portion of Huang/Brookstone to include a rechargeable battery housed in the handle portion as taught by Pepe because this is a combination of prior art elements according to known techniques (placing a rechargeable battery within a handle) and provides predictable advantages such as improving portability of the device as it would not need to be plugged in during use, and improving convenience by allowing the battery to be recharged.
Response to Arguments
Applicant's arguments filed September 10, 2026, have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 3, 5-7, 9-19, and 21-25 (see pages 12-17 of the Remarks) have been considered but are moot because the new ground of rejection does not rely on Danby nor Elliott for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Harris et al. (D476,746 and D435,913) discloses a hand-held massager with a secondary handle that extends upwardly off the top of the housing. Noble (D415,838) discloses a related hand-held massager with a secondary handle that extends from the top of the housing. McCaw (3,169,521) discloses a related handheld massager that has a plurality of handle portions that are obtuse relative to a vertical motor shaft that extends through the housing. Kao (2017/0079865) discloses a related percussion massage device with a handle that extends obtuse relative to the reciprocation path of the output shaft.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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