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
This Action is in response to the amendment filed on January 21, 2026.
As directed by the amendment: Claims 3, 14, 16, and 18 were amended. Claims 8 and 20 were cancelled. Claims 23-24 are newly added, and thus claims 3-7, 9-19, and 21-24 are pending and currently under consideration for patentability under 37 CFR 1.104.
Specification
The amendment filed January 21, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “Output shaft 108 is configured to reciprocate on a reciprocation path that is transverse to first handle portion 143.” (para. [0132]).
Applicant is required to cancel the new matter in the reply to this Office Action.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
“transverse” (claim 3, claim 14, claim 18) lacks antecedent basis in the specification.
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 Rejections - 35 USC § 112(b)
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 4, 14-19, and 21-23 are 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 4, lines 1-2 recite “an interior angle defined between the handle portion and the output shaft is obtuse” and it is confusing how a single handle portion is considered both obtuse to the output shaft (as required by claim 4) and the reciprocation path is transverse to the longitudinal direction of the handle portion (as required by claim 3). Based upon Applicant’s disclosure, it appears that the handle portion (143) forms an obtuse angle with the output shaft (see Fig. 1), but this longitudinal axis (along A1, Fig. 1) would not be transverse to the reciprocation axis. It is unclear what Applicant considers to be the meaning of the term “transverse”, which does not appear in the originally filed specification.
Claim 14, lines 7-8 recite “an output shaft configured to reciprocate on a reciprocation path that is transverse to the handle portion” and the last two lines recite “an interior angle defined between the handle portion and the output shaft is obtuse” and it is confusing how a single handle portion is considered both obtuse to the output shaft and the reciprocation path is transverse to the handle portion. Based upon Applicant’s disclosure, it appears that the handle portion (143) forms an obtuse angle with the output shaft (see Fig. 1), but the handle portion would not be transverse to the reciprocation path. It is unclear what Applicant considers to be the meaning of the term “transverse”, which does not appear in the originally filed specification.
Claim 15, line 1 recites “including a housing that” which is confusing because claim 14 already recites “a housing” (line 2). Examiner suggests --wherein the housing--.
Claim 18, lines 7-8 recite “an output shaft configured to reciprocate along a reciprocation axis that is transverse to the handle portion axis and intersects the handle portion axis” and the last two lines recite “an interior angle defined between the handle portion and the output shaft is obtuse” and it is confusing how a single handle portion is considered both obtuse to the output shaft and the reciprocation axis is transverse to the handle portion axis and intersects the handle portion axis. Based upon Applicant’s disclosure, it appears that the handle portion (143) forms an obtuse angle with the output shaft (see Fig. 1), but this handle axis (along A1, Fig. 1) would not be transverse to the reciprocation axis. It is unclear what Applicant considers to be the meaning of the term “transverse”, which does not appear in the originally filed specification.
The remaining claims are rejected based on their dependence on a rejected base claim.
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) 3, 9-13, and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Danby et al. (2015/0005682).
Regarding claim 3, Danby discloses a percussive massage system (Fig. 1 has massaging head 130 that is driven by a piston in a reciprocating motion, see para. [0005], and see the third sentence of [0037]) comprising:
a percussive device (hand-held massaging device 100, Fig. 1) comprising:
a housing (main housing 102, and upper housing 104, Fig. 1);
a handle portion (handle 106, Fig. 1) that extends in a longitudinal direction (see “1. Longitudinal Direction” in annotated Figure A below);
a motor (motor 210, Fig. 2);
an eccentric shaft (crank pin 213, Fig. 2, Fig. 4; this pin is eccentric because it is “positioned offset from the centerline 400” of flywheel 212, see Fig. 4 and the second sentence of [0034]) configured to travel in a circle (“as flywheel 212 rotates, crank pin 213 rotates in a circular path around the centerline 400 of the flywheel 212” see the third sentence of [0036]) in response to activation of the motor (motor 210 has a shaft 211 that extends into flywheel 212 to rotate the flywheel and crank pin 213, see Figs. 2-4 and lines 1-6 of [0034]);
a push rod assembly (flywheel 212, crank pin 213, crank bearing 214, piston 230, Fig. 4) connected to the motor (“motor 210 includes a shaft 211 that extends into a flywheel 212” see the first sentence of [0034], Fig. 2, Fig. 4), wherein the push rod assembly includes an output shaft (piston 230, Fig. 4) configured to reciprocate (“causing reciprocal motion of piston 230” see the last sentence of [0036]; “piston 230 may only move in a back-and-forth motion along its longitudinal axis” see the third sentence of [0037]) on a reciprocation path (the space that piston 230 occupies as it reciprocates along its longitudinal axis, see “2. Reciprocation Path” in annotated Figures A-B below) that is transverse to the longitudinal direction of the handle portion (see annotated Fig. A., the longitudinal direction 1 is perpendicular to the reciprocation path 2); and
a head portion (see “3. Head Portion” in Fig. A) comprising a portion of the housing that encloses the motor (Head Portion 3 includes part of the housing that encloses motor 210, see Fig. A) and a proximal end of the push rod assembly (Head Portion 3 includes a proximal end of the push rod assembly, see Fig. A), wherein the head portion is located at a longitudinal end of the handle portion (Head Portion 3 is located at a longitudinal end of the handle portion 106, see Fig. A),
wherein:
the reciprocation path (2, Fig. A) is on a dividing plane (see “4. Dividing Plane” in Fig. A. This is a plane along where the surface of the flywheel 212 meets the piston 230, Fig. 2, Fig. 4, thus the plane is “dividing” the flywheel from the piston),
a proximal end of the push rod assembly (see “5. Proximal End” in annotated Figure B below) is connected (via crank bearing 214, aperture 410, and pocket 232, Fig. 4) to the eccentric shaft (213, Fig. 4; “Crank pin 213 is inserted in an aperture 410 (FIG. 4) of a crank bearing 214” see the third sentence of [0034]) at a location offset from the dividing plane in a first direction (crank bearing 214 is positioned within pocket 232, which is offset from the dividing plane in the first direction, to the right, as seen in Figs. A-B), and
the motor (210) extends transverse to the longitudinal direction of the handle portion (the motor 210 has a circular cross-section and centered about the longitudinal direction of the handle portion 106 as seen in Figs. 2-3, and thus the motor extends transverse such as “210. Transverse” in Fig. A) and away from the dividing plane in a second direction that is opposite the first direction (see annotated Fig. A below, the motor 210 extends away from the dividing plane 4 in a “second direction” that is opposite the “first direction”); and
at least one attachment (massaging head 130, Figs. 1-3) configured to be operatively connected to the percussive device (“massaging head 130 includes a quick-release connection” see the last sentence of [0026]).
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Annotated Figure A (from Figure 2 of Danby): Danby’s handle portion (106) extends in a longitudinal direction (1). The output shaft (230) reciprocates on a reciprocation path (2, shaded gray. This is the space piston 230 occupies as it reciprocates). The reciprocation path (2) is transverse to the longitudinal direction (1) of the handle portion (the longitudinal direction 1 is horizontal, and the reciprocation path is vertical). There is a head portion (3, dashed lines) comprising a portion of the housing that encloses the motor (210) and a proximal end of the push rod assembly (see Fig. B below), wherein the head portion (3) is located at a longitudinal end of the handle portion. The reciprocation path (2) is on a dividing plane (4, this is a plane along where the surface of the flywheel 212 meets the piston 230). The dividing plane (4) defines a first direction and second direction, opposite to the first direction (see above).
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Annotated Figure B (from Figure 4 of Danby): The reciprocation path (2, shaded gray) is on a dividing plane (4, this is a plane along where the surface of the flywheel 212 meets the piston 230). The dividing plane (4) defines a first direction and second direction, opposite to the first direction (see above). The push rod assembly has a proximal end (5).
Regarding claim 9, Danby discloses wherein the housing (102, 104, Fig. 1) includes a first portion (main housing 102, Fig. 1) that extends away from the handle portion (main housing 102 extends away from handle portion 106, as seen in Fig. 1) and encloses a portion of the push rod assembly (see Fig. 1, the main housing is adjacent handle 106 and 108 in the center of the device and thus the main housing 102 encloses at least a portion of the push rod assembly as further seen in Fig. 2) and a second portion (upper housing 104, Fig. 1) that extends away from the handle portion (upper housing 104 extends away from handle portion 106 as seen in Fig. 1) and the first portion (102, see Fig. 1).
Regarding claim 10, Danby discloses wherein the motor (210, Fig. 2) is located outside of the handle portion (motor 210 is not mounted inside handle portion 106, see Figs. 2-3).
Regarding claim 11, Danby discloses wherein the attachment (massage head 130, Figs. 1-3) is configured to be connected to a distal end of the push rod assembly (massage head 130 connects to the distal end of piston 230 as seen in Figs. 2-3).
Regarding claim 12, Danby discloses wherein the distal end of the push rod assembly includes a distal end of the output shaft (the distal end of the push rod assembly is the distal end of output shaft/piston 230, see Figs. 2-3), and the attachment (massage head 130, Figs. 1-3) is connected to the distal end of the output shaft (massage head 130 connects to the distal end of piston 230 as seen in Figs. 2-3).
Regarding claim 13, Danby discloses wherein the attachment (massage head 130, Figs. 1-3) is removably connected (“massaging head 130 includes a quick-release connection” see the last sentence of [0026]) to the distal end of the push rod assembly (as seen in Figs. 2-3, the massage head 130 is connected to the distal end of push rod assembly, i.e., the distal end of piston 230. Additionally, the details of this quick-connection are shown in Figs. 6-6A, and it is seen that the massaging head 620 is connected to distal end of piston 602 as massaging head 620 is inserted into the distal end and comes in close contact with the wall at the distal end. It is noted that Figs. 6-6A are referred to as an exemplary embodiment of a quick-connect system (see the first sentence of [0048]), and these are the only details illustrated for the quick-connection. This quick-connect embodiment of Figs. 6-6A would still have all of the structures disclosed in massaging device 100, Figs. 1-4 (see the second sentence of [0048]). Thus, it is considered a single embodiment to anticipate claim 13).
Regarding claim 24, Danby discloses wherein the handle portion (106) is generally straight (see Figs. 1-2).
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, 14-15, and 18, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Danby et al. (2015/0005682) in view of Elliott (5,618,315).
Regarding claim 4, Danby is silent regarding wherein an interior angle defined between the handle portion (106, Fig. 1) and the output shaft (230, Fig. 2) is obtuse.
Elliott teaches a related chiropractic adjustment device (Fig. 2) with a handle portion (pistol grip 14, Fig. 2). An interior angle defined between the handle portion (14) and the output shaft (elongated rod 10, Fig. 2) is obtuse (see “θ” in annotated Figure C below, this is an interior angle of the rear surface of the handle portion). Elliott states that this pistol grip design is “for ease of handling of the hand held portion” (see lines 9-10 of the Abstract).
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Annotated Figure C (from Fig. 2 of Elliott): Elliott has a handle portion (14) and an output shaft (1). An interior angle (θ) defined between the handle portion and the output shaft (10) is obtuse (see above, the angle between the rear surface of the handle portion and the output shaft axis is obtuse).
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 handle portion of Danby to be a pistol grip design such that an interior angle defined between the handle portion and the output shaft is obtuse as taught by Elliott because a pistol grip design is expected to provide easy and comfortable handling.
In the modified device, the handle portion (106, Danby as modified by Elliott) would still extend substantially in a longitudinal direction that is transverse to the reciprocation path (the front surface of pistol grip 14 of Elliott is transverse to the output shaft axis, see Fig. 2 of Elliott. In the modified device, this angle intersects the output shaft 230 of Danby).
Regarding claim 14, Danby discloses a percussive massage device (hand-held massaging device 100, Fig. 1. This has massaging head 130 that is driven by a piston in a reciprocating motion, see para. [0005], and see the third sentence of [0037]) comprising:
a handle portion (handle 106, Fig. 1), a motor (motor 210, Fig. 2), a housing (main housing 102, upper housing 104, Fig. 1), and an output assembly (flywheel 212, crank pin 213, piston 230, massage head 130, Fig. 2, Fig. 4), wherein the output assembly includes:
an eccentric shaft (crank pin 213, Fig. 2, Fig. 4; this pin is eccentric because it is “positioned offset from the centerline 400” of flywheel 212, see Fig. 4 and the second sentence of [0034]), wherein the motor is configured to apply torque about a motor axis to the eccentric shaft (motor 210 applies torque about motor shaft 211 and its corresponding axis. The shaft 211 extends into flywheel 212 to rotate the flywheel and crank pin 213, see Figs. 2-4 and lines 1-6 of [0034]); and
a push rod assembly (piston 230 and massage head 130, Figs. 2-4) connected to the motor (“motor 210 includes a shaft 211 that extends into a flywheel 212” see the first sentence of [0034], Fig. 2, Fig. 4. The flywheel rotates crank pin 213, which causes piston 230 to reciprocate, see the last sentence of [0036]), wherein the push rod assembly includes an output shaft (piston 230, Fig. 4) configured to reciprocate (“causing reciprocal motion of piston 230” see the last sentence of [0036]; “piston 230 may only move in a back-and-forth motion along its longitudinal axis” see the third sentence of [0037]) on a reciprocation path (the space that piston 230 occupies as it reciprocates along its longitudinal axis, see “2. Reciprocation Path” in annotated Figures A-B above) that is transverse to the handle portion (the longitudinal direction of the handle portion is horizontal, and the reciprocation path is vertical, see Fig. A);
wherein:
a dividing plane (see “4. Dividing Plane” in annotated Figures A-B above. This is a plane along where the surface of the flywheel 212 meets the piston 230, Fig. 2, Fig. 4, thus the plane is “dividing” the flywheel from the piston) is defined perpendicular to the motor axis (the motor axis extends along shaft 211, Fig. 2, and this is perpendicular to the dividing plane 4 as seen in Fig. A above), and the reciprocation path is on the dividing plane (see Figs. A-B above, the reciprocation path 2 is on dividing plane 4),
a proximal end of the push rod assembly (see “5. Proximal End” in annotated Figure B above) is connected (via crank bearing 214, aperture 410, and pocket 232, Fig. 4) to the eccentric shaft (213, Fig. 4; “Crank pin 213 is inserted in an aperture 410 (FIG. 4) of a crank bearing 214” see the third sentence of [0034]) at a connection point (at the aperture 410 in crank bearing 214, Fig. 4) that travels on a circular path when the motor is active (“Rotation of crank pin 213 causes crank bearing 214 to travel in a circular motion within piston pocket 232” see the last sentence of [0036]),
the motor (210) includes an end (the end of motor 210 furthest away from the dividing plane 4, along the “second direction” as seen in annotated Fig. A above) positioned on an opposite side of the dividing plane (4, see Fig. A above) from the circular path of the connection point (the end of motor 210 furthest away from the dividing plane 4, is on the opposite side from the circular path that the connection point i.e., aperture 410 of crank bearing 214 travels, see Figs. A-B above).
Danby is silent regarding wherein the handle portion (106) comprises a portion of the housing; and an interior angle defined between the handle portion and the output shaft is obtuse.
Elliott teaches a related chiropractic adjustment device (Fig. 2) with a handle portion (pistol grip 14, Fig. 2) that comprises a portion of the housing (see Figs. 1-2, the handle extends outward from central portion 12 as part of the device housing). An interior angle defined between the handle portion (14) and the output shaft (elongated rod 10, Fig. 2) is obtuse (see “θ” in annotated Figure C above, this is an interior angle of the rear surface of the handle portion). Elliott states that this pistol grip design is “for ease of handling of the hand held portion” (see lines 9-10 of the Abstract).
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 handle portion of Danby to be a pistol grip design that comprises a portion of the housing, such that an interior angle defined between the handle portion and the output shaft is obtuse as taught by Elliott because a pistol grip design is expected to provide easy and comfortable handling, and because it has been held that the use of a one piece construction (the handle portion being part of the housing) instead of separate pieces (handle portion 106 being distinct from housing 102/104) would be merely a matter of obvious engineering choice (see MPEP 2144.04(V)(B)).
In the modified device, the handle portion (106, Danby as modified by Elliott) would still extend transverse to the reciprocation path (the front surface of pistol grip 14 of Elliott is transverse to the output shaft axis, see Fig. 2 of Elliott. In the modified device, this angle intersects the output shaft 230 of Danby).
Regarding claim 15, the modified Danby/Elliott device discloses including a housing (main housing 102, upper housing 104, Fig. 1 of Danby) that includes a first portion (main housing 102, Fig. 1) that extends away from the handle portion (main housing 102 extends away from handle portion 106, as seen in Fig. 1) and encloses a portion of the push rod assembly (see Fig. 1 of Danby, the main housing is adjacent handle 106 and 108 in the center of the device and thus the main housing 102 encloses at least a portion of the push rod assembly as further seen in Fig. 2), and the housing (102, 104) includes a second portion (upper housing 104, Fig. 1) that extends away from the handle portion (upper housing 104 extends away from handle portion 106 as seen in Fig. 1) and the first portion (102, see Fig. 1).
Regarding claim 18, Danby discloses a percussive massage device (hand-held massaging device 100, Fig. 1. This has massaging head 130 that is driven by a piston in a reciprocating motion, see para. [0005], and see the third sentence of [0037]) comprising:
a handle portion (handle 106, Fig. 1), a motor (motor 210, Fig. 2), and an output assembly (flywheel 212, crank pin 213, piston 230, massage head 130, Fig. 2, Fig. 4), wherein the handle portion defines a handle portion axis (see “1. Longitudinal Direction” in annotated Fig. A above), and wherein the output assembly includes:
an eccentric shaft (crank pin 213, Fig. 2, Fig. 4; this pin is eccentric because it is “positioned offset from the centerline 400” of flywheel 212, see Fig. 4 and the second sentence of [0034]), wherein the motor is configured to apply torque to the eccentric shaft (motor 210 applies torque via motor shaft 211. The shaft 211 extends into flywheel 212 to rotate the flywheel and crank pin 213, see Figs. 2-4 and lines 1-6 of [0034]); and
a push rod assembly (piston 230 and massage head 130, Figs. 2-4) connected to the motor (“motor 210 includes a shaft 211 that extends into a flywheel 212” see the first sentence of [0034], Fig. 2, Fig. 4. The flywheel rotates crank pin 213, which causes piston 230 to reciprocate, see the last sentence of [0036]), wherein the push rod assembly includes an output shaft (piston 230, Fig. 4) configured to reciprocate (“causing reciprocal motion of piston 230” see the last sentence of [0036]; “piston 230 may only move in a back-and-forth motion along its longitudinal axis” see the third sentence of [0037]) along a reciprocation axis (a longitudinal axis of piston 230, see the third sentence of [0037] and Figs. 2-4. Here, the longitudinal axis associated with dividing plane 4, annotated Figs. A-B above is considered the reciprocation axis) that is transverse to the handle portion (the longitudinal direction of the handle portion is horizontal, and the reciprocation axis is vertical, see Fig. A);
wherein:
a proximal end of the push rod assembly (see “5. Proximal End” in annotated Figure B above) is connected (via crank bearing 214, aperture 410, and pocket 232, Fig. 4) to the eccentric shaft (213, Fig. 4; “Crank pin 213 is inserted in an aperture 410 (FIG. 4) of a crank bearing 214” see the third sentence of [0034]) at a connection point (at the aperture 410 in crank bearing 214, Fig. 4) that travels on a circular path when the motor is active (“Rotation of crank pin 213 causes crank bearing 214 to travel in a circular motion within piston pocket 232” see the last sentence of [0036]),
an end of the motor (the end of motor 210 furthest away from the dividing plane 4, along the “second direction” as seen in annotated Fig. A above) is on an opposite side of the reciprocation axis (longitudinal axis of 230, Figs. 3-4) from the circular path of the connection point (aperture 410 and crank bearing 214 are positioned to the right of a central, longitudinal line of piston 230 as seen in Fig. 4, and the motor 210 is positioned on the opposite side as seen in Figs. 2-3).
Danby is silent regarding an interior angle defined between the handle portion (106) and the output shaft is obtuse.
Elliott teaches a related chiropractic adjustment device (Fig. 2) with a handle portion (pistol grip 14, Fig. 2). An interior angle defined between the handle portion (14) and the output shaft (elongated rod 10, Fig. 2) is obtuse (see “θ” in annotated Figure C above, this is an interior angle of the rear surface of the handle portion). Elliott states that this pistol grip design is “for ease of handling of the hand held portion” (see lines 9-10 of the Abstract).
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 handle portion of Danby to be a pistol grip design such that an interior angle defined between the handle portion and the output shaft is obtuse as taught by Elliott because a pistol grip design is expected to provide easy and comfortable handling.
In the modified device, the handle portion (106, Danby as modified by Elliott) axis would still extend substantially in a longitudinal direction that is transverse to, and intersecting, the reciprocation axis (the front surface of pistol grip 14 of Elliott is transverse to the output shaft axis, see Fig. 2 of Elliott. In the modified device, this angle intersects the output shaft 230 of Danby).
Regarding claim 21, the modified Danby/Elliott device discloses wherein the reciprocation axis is on a dividing plane (the longitudinal axis associated with dividing plane 4, annotated Figs. A-B above is considered the reciprocation axis), and the circular path of the connection point (aperture 410 and crank bearing 214 are rotated in a circular path, see the last sentence of [0036]) is on an opposite side of the dividing plane (4) from the end of the motor (the end of motor 210 furthest away from the dividing plane 4, along the “second direction” as seen in annotated Fig. A above, is on an opposite side relative to the circular path of aperture 410, crank bearing 214, see Figs. 2-4).
Regarding claim 22, the modified Danby/Elliott device discloses including a housing (main housing 102, upper housing 104, Fig. 1) that includes a first portion (main housing 102, Fig. 1) that extends away from the handle portion (main housing 102 extends away from handle portion 106 as seen in Fig. 1) and encloses a portion of the push rod assembly (see Fig. 1, the main housing is adjacent handle 106 and 108 in the center of the device and thus the main housing 102 encloses at least a portion of the push rod assembly as further seen in Fig. 2), and the housing (102, 104) includes a second portion (upper housing 104, Fig. 1) that extends away from the handle portion (upper housing 104 extends away from handle portion 106 as seen in Fig. 1) and the first portion (102, see Fig. 1).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Danby et al. (2015/0005682) in view of Noble et al. (4,730,605).
Regarding claim 5, Danby is silent regarding wherein the push rod assembly includes a push rod that includes a proximal end and a distal end, the proximal end of the push rod assembly includes the proximal end of the push rod, and the proximal end of the push rod is farther from the reciprocation path than the distal end of the push rod.
Noble teaches a related percussion device (Fig. 4, see Title) with a motor (drive unit 28, Fig. 8) operably connected to a push rod assembly (coupling arrangement 42, Fig. 8) that includes a push rod (connecting rod 56, Fig. 6) and an output shaft (neck portion 66, Fig. 6) configured to reciprocate (see col. 3, lines 1-5, and corresponding reciprocating movement along arrow 44, Fig. 8). The push rod (56) includes a proximal end (the end adjacent stub shaft 58, Fig. 4) and a distal end (the end at shoulder 62, adjacent neck portion 66, see Fig. 6), the proximal end of the push rod assembly (42, Fig. 8) includes the proximal end of the push rod (the proximal end of coupling arrangement 42 includes the proximal end of push rod 56, see Fig. 4, Fig. 6), and the proximal end of the push rod (the end adjacent stub shaft 58, Fig. 4) is farther from a reciprocation path than the distal end of the push rod (see Figure 8, the reciprocation path is along arrow 44, which aligns with the distal end of push rod 56, while the proximal end of push rod 56 is laterally displaced to the right as seen in Fig. 8, Fig. 4). The proximal end of the push rod is farther from the reciprocation path due to the presence of a counterbalance weight (52, Fig. 4, Fig. 8) that “ensures that the eccentric is dynamically balances and avoids undesirable vibrations when motor 28 is running” (see col. 3, lines 23-26).
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 push rod assembly of Danby to be replaced with the counterbalance weight and push rod assembly including a push rod as taught by Noble because this would be a simple substitution of one known reciprocation driving mechanism for another known reciprocation driving mechanism (substituting Danby’s reciprocating push rod assembly with Noble’s reciprocating push rod assembly), and provide a predictable result that the presence of the counterbalance weight between the eccentric shaft and the reciprocating push rod/output shaft would dynamically balance the push rod assembly and avoid undesirable vibrations.
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Danby et al. (2015/0005682) in view of Marton et al. (2019/0254922).
Regarding claim 6, Danby discloses including: a switch for activating the motor (second pushbutton 128, see Fig. 1 and lines 1-10 of [0029]. Pressing button 128 turns the massaging device on/off and adjusts the speed of the motor), wherein the switch is located on a portion of the housing (housing portion 104, Fig. 1) that is on an opposite side of the device relative to the push rod assembly (see Figs. 1-3, the pushbutton 128 is on a portion of the housing away from the distal end of piston 230), but is silent regarding this location facing an opposite direction from a distal end of the push rod assembly. However, it is noted that it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI).
Furthermore, 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), wherein the switch (162, Fig. 2) is located on a portion of the housing that faces an opposite direction from a distal end of the push rod assembly (the switch 162, Fig. 2, is facing the opposite direction as the distal end of push rod assembly 512, 514, see Fig. 3, Fig. 7). The switch is also adjacent an electronic display (speed indication light-emitting diodes 166A, 166B, 166C, see Fig. 4B and lines 6-17 of [0043]) 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 location of the switch of Danby to be on a portion of the housing that faces an opposite direction from a distal end of the push rod assembly and to include an electronic display as taught by Marton since this merely involves a rearrangement of parts and because such a position would be expected to be clearly visible for a user to engage with the switch and view the electronic display to indicate the current percussion speed.
Regarding claim 7, Danby discloses wherein the device includes a switch configured for activating the motor (second pushbutton 128, see Fig. 1 and lines 1-10 of [0029]. Pressing button 128 turns the massaging device on/off and adjusts the speed of the motor), 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 Danby 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 Danby et al. (2015/0005682) in view Elliott (5,618,315) as applied to claim 14 above, and further in view of Pepe (2017/0304145).
Regarding claim 16, the modified Danby/Elliott 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 Danby/Elliott 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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Danby et al. (2015/0005682) in view Elliott (5,618,315) as applied to claim 14 above, and further in view of Huang (2001/0027280).
Regarding claim 17, the modified Danby/Elliott device discloses wherein the percussive massage device (100, Fig. 1 of Danby) includes a bearing (crank bearing 214, Fig. 2, Fig. 4 of Danby) between the eccentric shaft (crank pin 213, Fig. 2, Fig. 4 of Danby) and the push rod assembly (230, 130, Figs. 2-4 of Danby), the output shaft (230) is centered on the reciprocation path (the piston 230 coincides entirely with the reciprocation path 2, see Figs. A-B), and the motor (210) includes an end (the end of motor 210 furthest away from the dividing plane 4, along the “second direction” as seen in annotated Fig. A above) positioned on a left side of the reciprocating path (2, see Figs. A-B). The modified Danby/Elliott device is silent regarding the motor end being positioned on an opposite side of the reciprocating path from the bearing (214, Fig. 4).
Huang teaches a related percussive massage device (Fig. 5, see title) including a motor (motor 30, Fig. 5), a bearing (rotary bearing 42, Figs. 4-5) between an eccentric shaft (crank arm 36 has an eccentric shaft that is received within rotary bearing 42 as seen in Figs. 4-5) and a push rod assembly (vertical connecting rod 40, Fig. 5), that includes an output shaft (second end 48, Fig. 5) centered on a reciprocation path (connecting rod 40 reciprocates axially, “up and down” see the first sentence and last sentence of [0021]. The second end 48 is centered on this axial movement), and the motor (30) includes an end (either end of the motor 30 adjacent shaft 34, Fig. 5) positioned on an opposite side of the reciprocating path from the bearing (see Fig. 5, the output shaft 48 is reciprocated up and down along a reciprocating path. The motor 30 is positioned to the left of this reciprocating path and the bearing 42 is positioned to the right of the reciprocating path). This is a known push rod assembly to produce reciprocating movement in an up and down direction, and provides an expected result of a percussive massage.
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 eccentric shaft, bearing, and push rod assembly of Danby/Elliott to have the motor end being positioned on an opposite side of the reciprocating path from the bearing as taught by Huang because this is a simple substitution of one known reciprocating movement mechanism for another known reciprocating movement mechanism, to provide predictable results of a percussive massage mechanism.
Claims 19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Danby et al. (2015/0005682) in view Elliott (5,618,315) as applied to claim 18 above, and further in view of Noble et al. (4,730,605).
Regarding claim 19, the modified Danby/Elliott device is silent regarding wherein: the push rod assembly includes a push rod, and the push rod includes a proximal end and a distal end, and wherein the proximal end of the push rod is connected to the eccentric shaft at the connection point, and the distal end of the push rod is nearer to the reciprocation axis than the proximal end of the push rod.
Noble teaches a related percussion device (Fig. 4, see Title) with a motor (drive unit 28, Fig. 8) operably connected to a push rod assembly (coupling arrangement 42, Fig. 8) that includes a push rod (connecting rod 56, Fig. 6) and an output shaft (neck portion 66, Fig. 6) configured to reciprocate (see col. 3, lines 1-5). The push rod (56) includes a proximal end (the end adjacent stub shaft 58, Fig. 4) and a distal end (the end at shoulder 62, adjacent neck portion 66, see Fig. 6), and wherein the proximal end of the push rod is connected to an eccentric shaft (stub shaft 58, Fig. 4. This is received in bearing 60 of eccentric 50 and thus an eccentric shaft, see col. 3, lines 29-30) at a connection point (the connection between connecting rod 56 and shaft 58, Fig. 4), and the distal end of the push rod (the end at shoulder 62, adjacent neck portion 66, see Fig. 6) is nearer to the reciprocation axis (rod 56 reciprocates along direction 44, Fig. 8, and the end of rod 56 at shoulder 62, adjacent neck portion 66 is aligned with this axis as seen in Fig. 6) than the proximal end of the push rod (see Figure 8, the reciprocation path is along arrow 44, which aligns with the distal end of push rod 56, while the proximal end of push rod 56 is laterally displaced to the right as seen in Fig. 8, Fig. 4). The proximal end of the push rod is farther from the reciprocation path due to the presence of a counterbalance weight (52, Fig. 4, Fig. 8) that “ensures that the eccentric is dynamically balances and avoids undesirable vibrations when motor 28 is running” (see col. 3, lines 23-26).
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 push rod assembly of Danby/Elliott to be replaced with the counterbalance weight and push rod assembly including a push rod as taught by Noble because this would be a simple substitution of one known reciprocation driving mechanism for another known reciprocation driving mechanism (substituting Danby’s reciprocating push rod assembly with Noble’s reciprocating push rod assembly), and provide a predictable result that the presence of the counterbalance weight between the eccentric shaft and the reciprocating push rod/output shaft would dynamically balance the push rod assembly and avoid undesirable vibrations.
Regarding claim 23, the modified Danby/Elliott device is silent regarding wherein the output shaft (230, Danby) is centered on the reciprocation axis.
Noble teaches a related percussion device (Fig. 4, see Title) with a motor (drive unit 28, Fig. 8) operably connected to a push rod assembly (coupling arrangement 42, Fig. 8) that includes a push rod (connecting rod 56, Fig. 8) and an output shaft (neck portion 66, Fig. 6) configured to reciprocate (see col. 3, lines 1-5) along a reciprocation axis (the vertical axis associated with direction 44, Fig. 8), wherein the output shaft (66) is centered on the reciprocation axis (neck portion 66 moves vertically, centered on the axis associated with direction 44). The push rod (56) includes a proximal end (the end adjacent stub shaft 58, Fig. 4) wherein the proximal end of the push rod is connected to an eccentric shaft (stub shaft 58, Fig. 4. This is received in bearing 60 of eccentric 50 and thus an eccentric shaft, see col. 3, lines 29-30) at a connection point (the connection between connecting rod 56 and shaft 58, Fig. 4) that travels on a circular path when the motor is active (the motor rotates shaft 58). Noble includes a counterbalance weight (52, Fig. 4, Fig. 8) that “ensures that the eccentric is dynamically balances and avoids undesirable vibrations when motor 28 is running” (see col. 3, lines 23-26).
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 push rod assembly of Danby/Elliott to be replaced with the counterbalance weight and push rod assembly including a push rod and output shaft that is centered on the reciprocation axis as taught by Noble because this would be a simple substitution of one known reciprocation driving mechanism for another known reciprocation driving mechanism (substituting Danby’s reciprocating push rod assembly with Noble’s reciprocating push rod assembly), and provide a predictable result that the presence of the counterbalance weight between the eccentric shaft and the reciprocating push rod/output shaft would dynamically balance the push rod assembly and avoid undesirable vibrations.
Response to Arguments
Applicant's arguments filed January 21, 2026, have been fully considered but they are not persuasive.
Regarding the argument that Applicant disagrees with the Office’s interpretation of the term “handle portion”, as the specification states “the first handle portion 143 defines a first handle portion axis A1, the second handle portion 145 defines a second handle portion axis A2 and the third handle portion 147 defines a third handle portion axis A3 that cooperates to form a triangle” (see the first two paragraphs of page 9 of the Remarks), this claim interpretation has been adopted. However, further clarification is requested as to Applicant’s intended meaning of the term “transverse.” Applicant does not appear to disclose a single “handle portion” that is both transverse to the output shaft/reciprocation axis, and also forms an obtuse angle as required by claims 4, 14, and 18.
Regarding the argument that claim 3 has been amended such that Danby does not anticipate the claim, as Danby does not disclose a “head portion” located at a longitudinal end of the handle portion (see pages 11-12 of the Remarks), this argument is not persuasive because claim 3 has now been rejected based upon the handle portion (106) of Danby, rather than the optional handle portion (108).
Regarding the argument that Danby does not anticipate claim 14 because Danby’s handle 108 does not comprise a portion of the main housing 102 (see the first three paragraphs of page 13 of the Remarks), this argument has been considered, but it is moot because Danby no longer anticipates claim 14 due to the claim amendments, and the 103 rejection(s) now rely upon handle portion 106 of Danby.
Regarding the argument that Danby does not anticipate claim 18 because Danby’s handle 108 does not have an axis that intersects the reciprocation axis (see the last paragraph of page 13 of the Remarks, through the first two paragraph of page 14), this argument has been considered, but it is moot because Danby no longer anticipates claim 18 due to the claim amendments, and the 103 rejection(s) now rely upon handle portion 106 of Danby.
Regarding the argument that none of the remaining prior art cure the deficiencies of Danby with respect to the independent claims (see the last paragraph of page 14 of the Remarks), this argument is not persuasive because Danby does not have any deficiencies with respect to claim 3, and because Danby/Elliott disclose each limitation of claims 14 and 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kao (2020/0000678) discloses a related reciprocating massage device with a handle portion that forms an obtuse angle with the reciprocation axis.
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.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
/TIMOTHY A STANIS/ Supervisory Patent Examiner, Art Unit 3785