Ex parte Cross

• Docket Number: Appeal 2023-000772,Application 15/095,010,Technology Center 3700
• Decision Date: 26 January 2024
• Parties: Ex parte TERRY CROSS
• Court: Patent Trial and Appeal Board

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Ex parte TERRY CROSS

Appeal 2023-000772

Application 15/095,010

Technology Center 3700

United States Patent and Trademark Office, Patent Trial and Appeal Board

January 26, 2024

FILING DATE: 04/08/2016

Before BIBHU R. MOHANTY, KENNETH G. SCHOPFER, and BRADLEY B. BAYAT, Administrative Patent Judges.

DECISION ON APPEAL

SCHOPFER, Administrative Patent Judge.

STATEMENT OF THE CASE

Pursuant to 35 U.S.C. § 134(a), Appellant^[1] appeals from the Examiner's decision to reject claims 1-8, 10, 12, 13, 16, and 18. See Final Act. 1. We have jurisdiction under 35 U.S.C. § 6(b).

We REVERSE.

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CLAIMED SUBJECT MATTER

The Specification states that "[t]he present disclosure relates to self-operated massaging devices . . . and more particularly multi-functional full body massager apparatus having a plurality of components which may be separated and used independently of the full body massager apparatus as a whole." Spec. ¶ 2. The claims are directed to a body massaging apparatus. Claim 1, reproduced below, illustrates the claimed subject matter:

1. A body massaging apparatus, comprising

a first arm having a first arm upper end and a first arm lower end

a pair of elongated members each extending outward longitudinally from the first arm lower end and separated by a channel, the channel having a first channel end and an opposing second channel end terminating in a first channel opening

each of the elongated members further comprising slotted guideways disposed therein, each extending outward longitudinally having a first slotted guideway end connected to the first arm lower end and a second opposing slotted guideway end terminating in a second slotted guideway opening;

a second arm having a second arm upper end and a second arm lower end;

a securing member having an oblong cross section integrally connected to, and extending perpendicularly outward from each side of the second arm lower end dimensioned and adapted to be removably received within a depression formed in each of the slotted guideways of each of the elongated members in the pair of elongated members, where the securing member having the oblong cross section is arranged such that the second arm is at least partially rotatable relative to the first arm about the securing member having the oblong cross section when the first arm is releasably engaged with the second arm, such that rotation of the second arm in a first direction orients the

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securing member having the oblong cross section within each depression in the slotted guideway allowing movement along the slotted guideways between a first depression in the slotted guideways to a second depression in the slotted guideways, and rotation of the second arm in a direction opposite the first direction results in releasable engagement between the first arm and the second arm via engagement between the securing member having the oblong cross section and the corresponding depression in the slotted guideways, and where the securing member having the oblong cross section is removeable through the second slotted guideway openings of the slotted guideways allowing for the second arm to be disconnected and disengaged from the first arm;

a first massaging member secured within a medial section of the first arm between a first arm upper grip and a first arm lower grip and arranged and engaged with the first arm such that the first arm is suitable for massaging body parts when disengaged from the second arm; and

a second massaging member secured within a medial section of the second arm between a second arm upper grip and a second arm lower grip and arranged and engaged with the second arm such that the second arm is suitable for massaging body parts when disengaged from the first arm.

Appeal Br. 51-53.

REFERENCES

The Examiner relies on the following references to reject the claims:

Name	Reference	Date
Cross	US 5,792,081	Aug. 11, 1998
Rooks	US 8,152,705 B2	Apr. 10, 2012
Dagan	US 9,168,196 B2	Oct. 27, 2015
Johnston	US 9,301,900 B2	Apr. 5, 2016

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REJECTIONS

The Examiner maintains the following rejections:

Claim(s) Rejected	35 U.S.C. §	Reference(s)/ Basis
1-8, 12, 16, 18	103	Cross, Rooks
10	103	Cross, Rooks, Johnston
13	103	Cross, Rooks, Dagan

OPINION

We are persuaded of error in the rejection of the independent claims because the Examiner has...