DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is responsive to the Amendment filed 17 June 2026. Claims 1, 3, 6-8, 13, 15, 17, 18, 22-24, 26-28, 30, 33, 34, 36, and 38-48 are currently under consideration. The Office acknowledges the amendments to claims 1, 3, 6-8, 13, 15, 17, 18, 22, 24, 26, 33, 34, and 36, as well as the cancellation of claims 2, 4, 5, 9, 10, 12, 14, 31, 32, 35, and 37, and the addition of new claims 38-48.
Claim Objections
Claim 33 is objected to because of the following informalities: in line 2, “an swing” should apparently read --a swing--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 38 and 39 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 38 recites the limitation "the extension direction" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 38 also recites the limitation “the pin shaft is substantially connected to a middle part” in lines 6-7. The term “substantially” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The requisite level of connection to meet the claim language is not readily determinable.
Claim 39 is rejected by virtue of its dependence upon claim 38.
Allowable Subject Matter
Claims 1, 3, 6-8, 13, 15, 17, 18, 22-24, 26-28, 30, 33, 34, 36, and 40-48 are allowed.
Claims 38 and 39 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance and the indication of allowable subject matter: regarding claims 1, 3, 6-8, 13, 15, 17, 18, 22-24, 26-28, 30, 33, 34, 36, and 40, as detailed in the previous Office action, none of the prior art of record teaches or reasonably suggests such a motor and a transmission unit connected between the motor and the second massage element, wherein the transmission unit is configured to drive the second massage element to swing and/or rotate relative to the casing, in combination with the other recited components. Regarding claims 41-45, as detailed in the previous Office action, none of the prior art of record teaches or reasonably suggests such a casing with first and second shells detachably connected to one another, each comprising an inner cavity, wherein both the first and second massage elements are mounted to the first shell, and the casing further comprises a partition that separates the first and second inner cavities from each other, in combination with the other recited components. Regarding claims 46-48, as detailed in the previous Office action, none of the prior art of record teaches or reasonably suggests such a gear transmission set connected to the motor, a guide rail, and a support slidably mounted on the guide rail, wherein the first massage element is mounted on the support, the support has a groove extending in a direction intersecting the guide rail, and the gear transmission set comprises a protrusion slidably arranged in the groove, in combination with the other recited components.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to the objections to the specification and claim 3, 9, 17, and 26 have been fully considered and are persuasive in light of the amendments. The objections have been withdrawn.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 and 103 have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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