DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Claims 1, 4, 6, 9, 11, 12, 16, 17, 20 and 27-29 are amended. Claims 31-39 are new. Currently, claims 1, 2, 4-7, 9, 11-12, 16, 17, 20-22, 24-25, 27-29 and 31-39 are currently under examination.
Claim Rejections - 35 USC § 103
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-14, 20, 22, 24-30, 32-34 and 36-39 are rejected under 35 U.S.C. 103 as being unpatentable over Baxter et al (2016/0095789) in view of Radl et al (2011/0232134), or alternatively Baxter in view of Radl and Toya (2008/0053979).
Regarding claim 1, Baxter discloses a vibratory device for treating a site of a user (Figs. 1-4, device 10; see annotated Fig. 3 below for convenience), the device comprising: a casing configured to be coupled to a portion of a body of the user (Fig. 1, casing 12 is configured to couple to a portion of a user’s body), said casing comprising a rigid housing ([0046] discloses the casing made from a rigid material, such as plastic, metal or wood) with a thermal element pocket (Fig. 3, thermal pocket 34), the thermal element pocket comprising an opening (36) to receive a thermal element (28), the thermal element pocket configured to hold the thermal element, and the thermal element pocket disposed between a front of a strap and a rear of an application area (Fig. 4), said application area comprising a solid plate (Fig. 3, the application area 22 is formed by a bottom wall of the casing 12. This bottom wall is considered a “solid plate” as it would be made out of the plastic, metal or wood material that forms the casing 12), wherein said proximal side of the casing is shaped so that substantially all of said proximal side contacts a surface of the user ([0012] discloses that the casing may be shaped to conform to the contour of a surface, such that “a majority of the [proximal] surface is in contact with the area of the [body] surface”); a vibrational source disposed on an interior surface of said application area (Fig. 4, vibrational source 32 is located within the casing 12. See annotated Fig. 4 below. Fig. 4 depicts the vibrational source as contacting an interior surface of the casing. Furthermore, vibrational source 32 must be “disposed” on an interior surface in some manner to allow vibrations to transfer from vibration source 32 within the casing 12 to the user’s body part); said vibrational source comprising a user-selectable parameter comprising at least one of: a frequency associated with the vibration and an amplitude associated with the vibration ([0057] discloses that the vibrational source can operate at different vibrational frequencies (e.g. 9,000 vibrations per minute or 13,000 vibrations per minute). [0057] additionally states that the vibrations per minute can be controlled by “a switch or other control element,” indicating that the frequency of vibration is “user-selectable”); a switch in operative communication with said vibrational source for controlling operation of said vibrational source (Fig. 4, on/off switch 16. Additionally, [0057], discloses a switch for controlling the frequency of vibration), and a thermal element removably contained within said thermal element pocket (Fig. 3, thermal element 28 is removably located within pocket 34) between the rear of the application area and the front of the strap, the thermal element is configured to produce at least one thermal effect selected from a group consisting of heat and cold ([0020] discloses that thermal element 28 may apply cold or heat to the subject via thermal area 24) and the thermal element pocket configured such that when the thermal element is disposed therein, the thermal element is in contact with the application area such that the at least one thermal effect is transferred from the application area to the user (Figures 3 and 4).
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Baxter does not disclose a plurality of vibrational sources, the plurality of vibrational sources for producing vibration, at least one of the plurality of vibrational sources producing at least one of a different frequency of the vibration or a different amplitude of the vibration than another one of the plurality of vibrational sources.
However, Radl teaches a device for applying asynchronous vibrations to relieve pain on a body part of a user (Fig. 1, device 20 applies asynchronous vibration to locations on a user’s foot; see [0037]). The device comprises a plurality of vibrational sources (Fig. 1 depicts two pairs of vibration inducing motors 28), wherein the vibrational sources produce vibration at different frequencies of vibration and different amplitudes of vibration from one another (see [0046] and claim 11). Radl teaches that having vibrational sources asynchronously producing vibrations at different frequencies and amplitudes prevents the user from adapting to the vibration ([0046]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baxter to have a plurality of vibrational sources that operate at different frequencies and amplitudes from one another to produce an asynchronous vibration as taught by Radl to prevent the user from adapting to the vibration. Preventing a user from adapting to a vibration would make the pain relief provided by the device more effective. The resultant device would have multiple vibrational sources (taught by Radl) that would be controlled by a switch or control element disclosed by Baxter ([0057]).
In the alternative interpretation that Baxter does not disclose the application area as comprising “a solid plate,” Toya teaches a device for providing both vibratory and thermal treatment (Fig. 13; see [0096] and [0108]), wherein a rigid plate serves as an application area ([0096] discloses a heat dissipating plate made of metal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the application area of the modified device of Baxter to comprise a metal plate as taught by Toya to provide efficient heat transfer from the heating element to the user’s body part via the plate.
Regarding claim 2, the modified device of Baxter has said application area configured to allow transfer of the at least one thermal effect from said thermal element to a surface of the site of the user and the vibration from said plurality of vibrational sources to the surface of the site of the user (Baxter, application area 22 allows both thermal and vibrational transfer; [0020] discloses the thermal area 24 and the vibrational area 26 coexisting as “application area 22.” Thus, application area 22 allows the transfer of both thermal effects and vibrational effects).
Regarding claim 4, the modified device of Baxter has at least a portion of the thermal element pocket comprised of a thermally conductive (Baxter, [0021], discloses the bottom wall 38 of the thermal element pocket 34 having “sufficient thermal transfer characteristics”) and rigid material capable of transmitting vibration and the at least one thermal effect (Baxter, [0046], discloses casing 12 (which includes the pocket 34) as being constructed from a rigid material such as metal).
Regarding claim 5, the modified device of Baxter has said thermal element secured by at least one of friction (Baxter, [0021]), adhesive (Baxter, [0021]), hook (Baxter, [0021] discloses an “attachment element” such as a clip or hook on the proximal side of the device), or clip (Baxter, [0021] discloses an “attachment element” such as a clip or hook on the proximal side of the device).
Regarding claim 6, the modified device of Baxter has said vibratory device configured to provide the at least one thermal effect simultaneously with the vibration (Baxter, [0007], discloses applying cold or heat simultaneously with the vibration); and wherein the application area is configured to allow simultaneous transfer of the at least one thermal effect from the thermal element and the vibration from the plurality of vibrational sources to a surface of the site of user (Baxter, application area 22 allows both thermal and vibrational transfer; [0020] discloses the thermal area 24 and the vibrational area 26 coexisting as “application area 22.” Thus, application area 22 allows the transfer of both thermal effects and vibrational effects).
Regarding claim 7, the modified device of Baxter has a combination of the vibration and the at least one thermal effect transmitted configured to produce a vibrational analgesia and thermal analgesia treatment effective to at least one of reduce pain associated with the site of the user (Baxter, [0010], discloses reducing pain at an injured site), improve a wound associated with the site of the user, or enhance healing associated with the site of the user (Baxter, [0010], discloses enhancing wound healing).
Regarding claim 8, Baxter discloses a vibratory device for treating a site of a user (Figs. 1-4, device 10; see annotated Fig. 3 above for convenience), said device comprising: a casing configured to be coupled to a portion of a body of the user (Fig. 1, casing 12 is configured to couple to a portion of a user’s body), said casing comprising a rigid housing ([0046] discloses the casing made from a rigid material, such as plastic, metal or wood) with an application area (Fig. 3, application area 22), said application area comprising a solid plate (Fig. 3, the application area 22 is formed by a bottom wall of the casing 12. This bottom wall is considered a “solid plate” as it would be made out of the plastic, metal or wood material that forms the casing 12), wherein a proximal side of said casing is shaped so that substantially all of said proximal side contacts a surface of the user ([0012] discloses that the casing may be shaped to conform to the contour of a surface, such that “a majority of the [proximal] surface is in contact with the area of the [body] surface”); a vibrational source disposed on an interior surface of said application area (Fig. 4, vibrational source 32 is located within the casing 12. See annotated Fig. 4 above. Fig. 4 depicts the vibrational source as contacting an interior surface of the casing. Furthermore, vibrational source 32 must be “disposed” on an interior surface in some manner to allow vibrations to transfer from vibration source 32 within the casing 12 to the user’s body part); said vibrational source comprising a user-selectable parameter comprising at least one of: a frequency associated with the vibration and an amplitude associated with the vibration ([0057] discloses that the vibrational source can operate at different vibrational frequencies (e.g. 9,000 vibrations per minute or 13,000 vibrations per minute). [0057] additionally states that the vibrations per minute can be controlled by “a switch or other control element,” indicating that the frequency of vibration is “user-selectable”); a switch in operative communication with said vibrational source for controlling operation of said vibrational source (Fig. 4, on/off switch 16. Additionally, [0057], discloses a switch for controlling the frequency of vibration), and a thermal element secured to said casing (Fig. 3, thermal element 28 is removably located within pocket 34), said thermal element configured to produce at least one thermal effect selected from a group consisting of heat and cold ([0020] discloses that thermal element 28 may apply cold or heat to the subject via thermal area 24).
Baxter does not disclose a plurality of vibrational sources, the plurality of vibrational sources for producing vibration, at least one of the plurality of vibrational sources producing at least one of a different frequency of the vibration or a different amplitude of the vibration than another one of the plurality of vibrational sources.
However, Radl teaches a device for applying asynchronous vibrations to relieve pain on a body part of a user (Fig. 1, device 20 applies asynchronous vibration to locations on a user’s foot; see [0037]). The device comprises a plurality of vibrational sources (Fig. 1 depicts two pairs of vibration inducing motors 28), wherein the vibrational sources produce vibration at different frequencies of vibration and different amplitudes of vibration from one another (see [0046] and claim 11). Radl teaches that having vibrational sources asynchronously producing vibrations at different frequencies and amplitudes prevents the user from adapting to the vibration ([0046]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baxter to have a plurality of vibrational sources that operate at different frequencies and amplitudes from one another to produce an asynchronous vibration as taught by Radl to prevent the user from adapting to the vibration. Preventing a user from adapting to a vibration would make the pain relief provided by the device more effective. The resultant device would have multiple vibrational sources (taught by Radl) that would be controlled by a switch or control element disclosed by Baxter ([0057]).
In the alternative interpretation that Baxter does not disclose the application area as comprising “a solid plate,” Toya teaches a device for providing both vibratory and thermal treatment (Fig. 13; see [0096] and [0108]), wherein a rigid plate serves as an application area ([0096] discloses a heat dissipating plate made of metal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the application area of the modified device of Baxter to comprise a metal plate as taught by Toya to provide efficient heat transfer from the heating element to the user’s body part via the plate.
Regarding claim 9, the modified device of Baxter has said thermal element secured to said casing by at least one attachment element (Baxter, [0027] discloses an attachment element 50; see Figs. 7 and 9).
Regarding claim 10, the modified device of Baxter has said vibratory device configured to transfer the vibration from the plurality of vibrational sources to a surface of the site through said application area (Baxter, application area 22 allows both thermal and vibrational transfer; [0020] discloses the thermal area 24 and the vibrational area 26 coexisting as “application area 22.” Thus, application area 22 allows the transfer of both thermal effects and vibrational effects).
Regarding claim 11, the modified device of Baxter has said thermal element adapted to transfer the vibration to the site through said application area (Baxter, application area 22 allows both thermal and vibrational transfer; [0020] discloses the thermal area 24 and the vibrational area 26 coexisting as “application area 22.” Thus, application area 22 allows the transfer of both thermal effects and vibrational effects).
Regarding claim 12, the modified device of Baxter has said plurality of vibrational sources in mechanical communication with said thermal element such that substantially all the vibration from said plurality of vibrational sources and the at least one thermal effect from said thermal element are transferred through said application area (Baxter, application area 22 allows both thermal and vibrational transfer; [0020] discloses the thermal area 24 and the vibrational area 26 coexisting as “application area 22.” Thus, application area 22 allows the transfer of both thermal effects and vibrational effects).
Regarding claim 13, the modified device of Baxter has said vibratory device configured to provide the at least one thermal effect simultaneously with the vibration (Baxter, [0007], discloses applying cold or heat simultaneously with the vibration); and wherein said application area is configured to allow transfer of the vibration from said plurality of vibrational sources to a surface of the site of the user (Baxter, application area 22 allows both thermal and vibrational transfer; [0020] discloses the thermal area 24 and the vibrational area 26 coexisting as “application area 22.” Thus, application area 22 allows the transfer of both thermal effects and vibrational effects).
Regarding claim 14, the modified device of Baxter has a combination of vibration and the at least one thermal effect transmitted is configured to produce a vibrational analgesia and thermal analgesia treatment effective to at least one of reduce pain associated with the site of the user (Baxter, [0010], discloses reducing pain at an injured site), improve a wound associated with the site of the user, or enhance healing associated with the site of the user (Baxter, [0010], discloses enhancing wound healing).
Regarding claim 20, the modified device of Baxter has said proximal side of the casing further dimensioned, shaped and configured to be secured along a curvature of at least one of a user’s back or shoulder (Baxter, [0014] discloses the casing being shaped to conform to the shoulder or lower back).
Regarding claim 22, the modified device of Baxter has said plurality of vibrational sources configured to produce a plurality of intermittent vibration cycles with the different frequency of the vibration or the different amplitude of the vibration (Baxter, [0057], discloses multiple vibration cycles. Radl, claim 11, discloses different frequencies and amplitudes of vibration. The modified device would have a plurality of vibration cycles wherein each vibrational source operates at different frequencies and amplitudes of vibration).
Regarding claim 24, the modified device of Baxter has said plurality of vibrational sources configured to produce vibration at a frequency between about 175-250 Hz to reduce pain at the site (Radl, [0056], discloses vibrations between 175-250 Hz).
Regarding claim 25, the modified device of Baxter has each of said plurality of vibrational sources configured to produce a different frequency of the vibration and a different amplitude of the vibration than another one of said plurality of vibrational sources (Radl, claim 11).
Regarding claim 26, the modified device of Baxter has said plurality of vibrational sources configured to produce vibration at a frequency between about 175-250 Hz to reduce pain at the site (Radl, [0056], discloses vibrations between 175-250 Hz).
Regarding claim 27, the modified device of Baxter has each of said plurality of vibrational sources configured to produce a different frequency of the vibration and a different amplitude of the vibration than another one of said plurality of vibrational sources (Radl, claim 11).
Regarding claim 28, Baxter discloses a vibratory device for treating a site of a user (Figs. 1-4, device 10; see annotated Fig. 3 above for convenience), said device comprising: a casing having strap or cuff and configured to be coupled to a portion of a body of the user (Fig. 1, casing 12 is configured to couple to a portion of a user’s body via strap 14), said casing comprising a rigid housing ([0046] discloses the casing made from a rigid material, such as plastic, metal or wood) with a thermal element pocket (Fig. 3, thermal pocket 34), ), the thermal element pocket comprising an opening (36) to receive a thermal element (28), the thermal element pocket configured to hold the thermal element, and the thermal element pocket disposed between a front of a strap and a rear of an application area (Fig. 3, application area 22), said application area comprising a solid plate (Fig. 3, the application area 22 is formed by a bottom wall of the casing 12. This bottom wall is considered a “solid plate” as it would be made out of the plastic, metal or wood material that forms the casing 12), wherein a proximal side of said casing is shaped so that substantially all of said proximal side contacts a surface of the user ([0012] discloses that the casing may be shaped to conform to the contour of a surface, such that “a majority of the [proximal] surface is in contact with the area of the [body] surface”); a vibrational source disposed on an interior surface of said application area (Fig. 4, vibrational source 32 is located within the casing 12. See annotated Fig. 4 above. Fig. 4 depicts the vibrational source as contacting an interior surface of the casing. Furthermore, vibrational source 32 must be “disposed” on an interior surface in some manner to allow vibrations to transfer from vibration source 32 within the casing 12 to the user’s body part) for producing vibration at a frequency between about 175-250 Hz to reduce pain at the site ([0056] discloses vibrations between about 175-250 Hz); said vibrational source comprising a user-selectable parameter comprising at least one of: a frequency associated with the vibration and an amplitude associated with the vibration ([0057] discloses that the vibrational source can operate at different vibrational frequencies (e.g. 9,000 vibrations per minute or 13,000 vibrations per minute). [0057] additionally states that the vibrations per minute can be controlled by “a switch or other control element,” indicating that the frequency of vibration is “user-selectable”); a switch in operative communication with said vibrational source for controlling operation of said vibrational source (Fig. 4, on/off switch 16), and a thermal element removably contained within said thermal element pocket (Fig. 3, thermal element 28 is removably located within pocket 34), said thermal element is configured to produce at least one thermal effect selected from a group consisting of heat and cold ([0020] discloses that thermal element 28 may apply cold or heat to the subject via thermal area 24); and the thermal element pocket configured such that when the thermal element is disposed therein, the thermal element is in contact with the application area such that the at least one thermal effect is transferred from the application area to the user (Figures 3 and 4).
Baxter does not disclose a plurality of vibrational sources, the plurality of vibrational sources for producing vibration, at least one of the plurality of vibrational sources producing at least one of a different frequency of the vibration or a different amplitude of the vibration than another one of the plurality of vibrational sources.
However, Radl teaches a device for applying asynchronous vibrations to relieve pain on a body part of a user (Fig. 1, device 20 applies asynchronous vibration to locations on a user’s foot; see [0037]). The device comprises a plurality of vibrational sources (Fig. 1 depicts two pairs of vibration inducing motors 28), wherein the vibrational sources produce vibration at different frequencies of vibration and different amplitudes of vibration from one another (see [0046] and claim 11). Radl teaches that having vibrational sources asynchronously producing vibrations at different frequencies and amplitudes prevents the user from adapting to the vibration ([0046]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baxter to have a plurality of vibrational sources that operate at different frequencies and amplitudes from one another to produce an asynchronous vibration as taught by Radl to prevent the user from adapting to the vibration. Preventing a user from adapting to a vibration would make the pain relief provided by the device more effective. The resultant device would have multiple vibrational sources (taught by Radl) that would be controlled by a switch or control element disclosed by Baxter ([0057]).
In the alternative interpretation that Baxter does not disclose the application area as comprising “a solid plate,” Toya teaches a device for providing both vibratory and thermal treatment (Fig. 13; see [0096] and [0108]), wherein a rigid plate serves as an application area ([0096] discloses a heat dissipating plate made of metal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the application area of the modified device of Baxter to comprise a metal plate as taught by Toya to provide efficient heat transfer from the heating element to the user’s body part via the plate.
Regarding claim 29, the modified device of Baxter has the user selectable parameter further comprising at least one of: a continuous vibration cycle; an intermittent vibration cycle; and a vibration per minute associated with the vibration.
Regarding claim 30, the modified device of Baxter has the user selectable parameter further comprising at least one of: a continuous vibration cycle; an intermittent vibration cycle; and a vibration per minute associated with the vibration (Baxter, [0057], discloses that the vibrational source can operate at different vibrational frequencies (e.g. 9,000 vibrations per minute or 13,000 vibrations per minute).
Regarding claim 32, Baxter discloses the thermal element secured by a closure (zipper closure, [0052]). Regarding claim 33, Baxter discloses the vibratory device wherein the closure comprises a closure strap (hook and loop strap, [0019]). As to claim 34, Baxter discloses the vibratory device wherein the thermal element pocket is at least partially defined by at least one bezel (peripheral rim, 20, Figure 3). As to claim 36, Baxter discloses the vibratory device wherein the thermal element is secured by a closure (zipper closure, [0052]). As to claim 37, Baxter discloses the vibratory device wherein the closure comprises a closure strap (hook and loop strap, [0019]). As to claim 38, Baxter discloses the vibratory device wherein the casing is dimensioned and shaped to be secured along a curvature of at least one of a subject’s back, shoulder and/or neck [0014]. As to claim 39, Baxter discloses the vibratory device wherein the thermal element pocket is at least partially defined by at least one bezel (peripheral rim, 20, Figure 3).
Claims 31 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Baxter et al (2016/0095789) in view of Radl et al (2011/0232134), or alternatively Baxter in view of Radl and Toya (2008/0053979) further in view of US 4,844,072 to French. As to claims 31 and 35, modified Baxter fails to disclose the vibratory device wherein the application area further comprises a plurality of openings. French discloses an analogous vibratory device wherein the application area further comprises a plurality of openings (thermal pad includes a plurality of small, porous cavities: Column 8, lines 6-19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal pad of Baxter with a plurality of openings, as taught by French, to prevent migration of loose fiber into a wound which could cause the formation of a nodule of chronically inflamed tissue (Column 8, lines 6-19).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Baxter in view of Radl (and alternatively in further view of Toya), as applied to claim 14 above, and further in view of Cotterell-Grant et al (2004/0143199).
Regarding claim 16, the modified device of Baxter has the thermal element as a chemical reactive thermal pack (Baxter, [0053], discloses chemical reactive thermal packs).
The modified device of Baxter does not have the device configured to initiate the at least one thermal effect by activating the thermal element using a switch.
However, Cotterell-Grant discloses a device for heating a user’s body part in conjunction with providing vibratory therapy (Abstract; see Fig. 1). The device initiates the thermal effect by using a switch to activate a heating element in the device ([0030] discloses use of a power switch to regulate the temperature and the vibratory force emitted by the device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the thermal element of the modified device of Baxter to be electrical and controlled by a switch as taught by Cotterell-Grant. The use of a thermal element that can be controlled by a switch gives the user greater control over the therapy temperature compared to a chemical reactive thermal pack.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Baxter in view of Radl (and alternatively in further view of Toya), as applied to claim 14 above, and further in view of Dunbar (2014/0207219).
Regarding claim 17, the modified device of Baxter does not have said switch comprising a wireless device having application software configured to transmit instructions regarding operation of said vibratory device; and said application software is operational to at least one of: present information regarding operation of said vibratory device to a user via one or more graphic user interfaces on said wireless device, receive instructions regarding operation of said vibratory device from a user, and transmit the instructions to said vibratory device.
However, Dunbar teaches a device for applying a combination of heat and vibration stimulus (Abstract; Fig. 1A), wherein the device can be controlled via a switch comprising a wireless controller ([0042] discloses a “control station 230” that can be wireless and a smartphone). The wireless controller can instruct the device to apply heat, vibration, or a combination of stimulus in various patterns ([0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the switch of the modified device of Baxter to be a wireless smartphone controller as taught by Dunbar. Using a remote smartphone as the controller allows the user to control various settings of the device without having to have direct contact with the device. Furthermore, having the controller remote from the device reduces the number of components within the device thereby reducing the bulkiness of the device.
12. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Baxter in view of Radl (and alternatively in further view of Toya), as applied to claim 1 above, and further in view of Toya et al (2008/0053979).
Regarding claim 21, the modified device of Baxter does not have at least a portion of a remainder of the casing other than the application area formed of a material that is different than that of the application area and having vibration transfer characteristics.
However, Toya teaches a device for providing both vibratory and thermal treatment (Fig. 13; see [0096] and [0108]), wherein a rigid plate serving as an application area is made of a different material than the remainder of the casing ([0096] discloses a heat dissipating plate made of metal while the remainder of the case is made of a flexible elastic material). Toya also teaches that the case being made of an elastic material provides a better feeling to the touch ([0096]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the casing of the modified device of Baxter to be of a different material (i.e. an elastic material) compared to the application area as taught by Toya. Having the remainder of the casing be made of an elastic material instead of a metal material provides a better feeling to the touch of the user.
Response to Arguments
Applicant's arguments filed 9/02/2025 have been fully considered but they are not persuasive. As indicated in the above rejection, Examiner maintains the rejections made in view of Baxter.
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 BRANDY SCOTT LEE whose telephone number is (571)270-7410. The examiner can normally be reached 8:00am-5:00pm, M-Th, alternating Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alford Kindred can be reached at (571)272-4037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRANDY SCOTT LEE
Supervisory Patent Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights