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 .
Status of Claims
The present Office action is responsive to the Request for Continued Examination filed on 12-02-2025. As directed, claims 1, 15-16, and 19-20 have been amended, claims 2 and 5-9 were previously cancelled, and no new claims have been added. Thus, claims 1, 3-4, and 10-21 are currently pending examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12-02-2025 has been entered.
Response to Amendment
Applicant has amended each of claims 1, 15-16, and 20 to address minor informalities. The previously held claim objections are hereby withdrawn.
Response to Arguments
Applicant argues, see Remarks as filed top of page 7 and the top of page 9, that Ribicic (US 2020/0229607), relied on in the previous Office action to reject each of claims 1, 3-4, and 10-21, does not qualify as prior art. Applicant has requested citations to the “actual” prior art document, DE 102017103453.6, that US 2020/0229607 claims priority to.
First, MPEP 2154.01 sets forth that US patent applications publications can be relied on as prior art under AIA 35 USC 102(a)(2), so long as the “effective filing date” of the publication predates that of the instant application, and names another inventor. Second, MPEP 2152.01 sets forth what constitutes the “effective filing date” of a given application. This section sets forth that:
“(D) If the application properly claims foreign priority under 35 U.S.C. 119(a)-(d), 365(a) or (b), or 386(a) or (b), the effective filing date of a claimed invention is the filing date of the foreign priority document if the claim is adequately supported in the foreign priority document.”
In Ribicic (US 2020/0229607), foreign priority to DE 102017103453.6 is properly claimed. Per MPEP 2152.01, so long as the claim for foreign priority is supported by the foreign reference, the foreign filing date (here 02-20-2017) is the effective filing date of the claimed invention. In order to provide Applicant proof that the foreign priority date is supported, a copy of DE 102017106453 is submitted herewith to show that the subject matter in the Ribicic US publication is fully supported, and that the effective filing date of 02-20-2017 is proper in the US pre-grant publication relied on. The grounds of rejection will not be changed to cite Ribicic’s German priority document as requested by Applicant because the subject matter of the Ribicic pre-grant publication is supported by the, furnished, earlier filed German document, and thus the US document does qualify as prior art under AIA 35 USC 102(a)(2). Examiner further notes that the relied-on portions of Ribicic (US 2020/0229607) (paragraphs 3, 6, and 23-24; Figures 1-2) respectively correspond to the translated copy of Ribicic (DE 102017103453) furnished at its paragraphs 3, 6, and 17-18, and in the furnished copy of Ribicic (DE 102017103453) at Figures 1 and 2.
Applicant argues, see Remarks as filed middle of page 7, that the claim interpretation section of the previous Office action is traversed because it asserts, without support, that Jones inherently teaches the frequency range in Applicant’s claim 17.
First, the purpose of the second section of the claim interpretation provided in the previous Office action was to show that the instant application provides only the range of 25-120 Hz (pg. 4, lines 25-30; pg. 10, lines 5-14), and as such, this frequency range is understood to be adequate for affecting the nervous system and peripheral nerves of the subject to prevent chemotherapy induced peripheral neuropathy. If this interpretation is incorrect, Applicant is encouraged to provide support from the originally filed specification where a different frequency range is envisaged to affect the nervous system and/or peripheral nerves, and prevent peripheral neuropathy. It was further set forth that claims 17-18 were interpreted to require sound waves in the frequency of 25-120 Hz as outlined in the instant specification. It was further given that the prior art would be deemed to properly anticipate and/or render obvious these functional properties of the soundwaves if the provided value or range falls within the disclosed range, or overlaps the disclosed range. It was subsequently noted in the rejection of claim 17 that Jones further discloses wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) is adapted to provide a soundwave therapy to the subject body (patient 1) comprising transmitting low-frequency soundwaves in a range between 20-100 Hz to at least part of the subject body (body of patient 1) (paragraph 15, lines 1-3; claim 15, lines 1-6, where the range of 20-100 Hz disclosed by Jones overlaps the claimed range of 25-120 Hz, and thus anticipates the range since it is disclosed with sufficient specificity, see MPEP 2131.03 II).
Further, it seems to be Applicant’s contention that the Jones combination used to reject claims 17-18 does not properly render obvious the subject matter of claim 17, specifically with reference to affecting a nervous system of the subject body with the soundwaves, because Jones does not specifically teach affecting the nervous system with these soundwaves. However, it is because of the overlapping frequency range that Applicant’s limitations are deemed to be met (see Jones at paragraph 15, lines 1-3; claim 15, lines 1-6, where the range of 20-100 Hz disclosed by Jones overlaps the claimed range of 25-120 Hz, and thus anticipates the range since it is disclosed with sufficient specificity, see MPEP 2131.03 II), in combination with the notion of placing the subject body on the padding including the actuators for delivering the soundwaves (see Jones’ Fig. 1). Further, MPEP 2145 II sets forth that “Mere recognition of latent properties in the prior art does not render nonobvious an otherwise known invention” and “"The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious."”. In other words, just because Jones does not explicitly recognize that soundwaves in the given frequency affect the nervous system of the subject, does not mean that Jones is specifically traversed and rendered non-obvious. This is because the frequency range indicated in Applicant’s claims and instant specification overlaps with the range disclosed and relied-on from Jones. Given this overlap, it is recognized as a latent property of this frequency of soundwave to impact the nervous system. Therefore, patentability cannot be established on this basis.
Applicant further argues that each ground of rejection should be traversed because the previously relied on art combinations do not disclose and/or teach the new limitations of claims 1 and 21 which require “wherein the plurality of sound transducers are grouped in several groups of sound transducers, wherein each group of sound transducers of the plurality of groups of sound transducers is associated with a corresponding specific part of the subject body”, and no proper reasoning can be established for making such a modification.
Examiner respectfully disagrees.
Jones still envisages, based on the positioning of the sounds transducers (see each of sound generators 6 in Fig. 3) wherein the plurality of sound transducers (see each of sound generators 6 in Fig. 3) are grouped in several groups of sound transducers (see each of sound generators 6 in Fig. 3, and annotated Fig. 3 below for the plurality of groups), wherein each group of sound transducers of the plurality of groups of sound transducers is associated with a corresponding specific part of the subject body (note Fig. 3, and its annotated version, where each supplied group of transducers is provided in parallel, and would thus interface the patient at a corresponding specific body part, when the patient is supported on the device as shown in Fig. 1, and given the horizontal spacing of each group of transducers, a different corresponding body part would be interfaced by each group of transducers, i.e., at least different corresponding positions along the leg such as the thigh, the knee, and the calf, and/or different corresponding parts of any of the thigh, knee, or calf; paragraph 7; paragraph 11, lines 8-10).
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Therefore, the previously relied on combinations will be updated to address the newly amended language, and maintained hereinbelow.
Claim Objections
Claims 1 and 20 are objected to because of the following informalities:
At claim 1, line 28, it is suggested that “and is” be added before “adapted to transmit physical” for clarity.
At claim 1, line 35, it is suggested that “the plurality of groups” be replaced with “the several groups” for consistency with line 34.
At claim 20, line 32, it is suggested that “and is” be added before “adapted to transmit physical” for clarity.
At claim 20, line 39, it is suggested that “the plurality of groups” be replaced with “the several groups” for consistency with line 38.
Appropriate correction is required.
Claim Interpretation
Examiner notes that the portions of the claims that refer to “providing a subject body with a sensation of vibration” and “adapted to transmit physical vibrations…at a level below a minimal sensing level” are understood relative to the instant specification at page 1, lines 25-29, page 2, lines 15-21, and page 3, lines 5-12, which each detail the difference between mechanical vibration from movement of a support surface resulting from movement of a sound transducer, and sensation of vibration from soundwaves of particular frequencies that resonate various body/organ parts, where the physical vibration is reduced/eliminated by layers of material that the sound transducers are embedded within. Given that Jones explicitly refers to the delivery of soundwaves without perceptible mechanical vibration (paragraph 11, lines 1-4), these claimed limitations are deemed to be met by the Jones reference in light of the specification.
Throughout claims 17-21, the claims refer to frequencies in the range of 25-120 Hz, soundwaves capable of affecting a nervous system, soundwaves that stimulate the peripheral nerves, and soundwaves which prevent chemotherapy induced peripheral neuropathy. In the instant specification, the only frequency range given is 25-120 Hz (pg. 4, lines 25-30; pg. 10, lines 5-14). Given that the instant specification refers to the effect of soundwaves on the nervous system, stimulation of peripheral nerves, and reduction of peripheral neuropathy in the passage following the disclosed frequency range, it is understood that the disclosed range of 25-120 Hz properly affects the nervous system, stimulates the peripheral nerves, and reduces peripheral neuropathy as claimed, because it is the only range of frequency provided in the disclosure. This is further underscored in claims 17 and 18, where claim 17 requires soundwaves in the range of 25-120 Hz, and claim 18, which depends from claim 17, requires soundwaves in a frequency that affects the nervous system. In other words, claim 18 is interpreted to require the range listed in claim 17 for affecting the nervous system.
Thus, the prior art is deemed to properly anticipate and/or render obvious these functional properties of the soundwaves if the provided value or range falls within the disclosed range, or overlaps the disclosed range.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1, 3-4, and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 2016/0030280) in view of Oakhill (US 9,592,005), Ribicic (US 2020/0229607), and McNew (US 2006/0030907).
Regarding claim 1, Jones discloses a device (3) for providing a subject body (body of patient 1) with a sensation of vibration in the subject body (paragraph 11, lines 1-10; see also paragraph 22, lines 1-6 where the sound generators may be encased in a mattress as an alternative to a pillow/cushion; Fig. 1; see paragraph 25, lines 11-13, where sound is defined as a pressure wave propagation), comprising:
a support member (4 configured as a mattress per paragraph 22, lines 4-6) having a support surface (9) for supporting at least a part of the subject body (body of patient 1), the support member (4 configured as a mattress per paragraph 22, lines 4-6) being provided with at least one sound transducer (see each of sound generators 6 in Fig. 3) capable of generating and transmitting soundwaves to the subject body (body of patient 1) (paragraph 11, lines 1-11; paragraph 12, lines 1-17; paragraph 25, lines 11-13; Figs. 1-2),
wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) has a layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) beneath it (see bottom layer 7 beneath each sound generator 6, and the portions of material layer 8 both beneath and to the left and right sides of each sound generator 6 extending to the top of the generators 6 for this material layer; paragraph 12, lines 1-17; Fig. 3),
wherein the support member (4 configured as a mattress per paragraph 22, lines 4-6) comprises, between the at least one sound transducer (see each of sound generators 6 in Fig. 3) and the support surface (9) of the support member (4 configured as a mattress per paragraph 22, lines 4-6), a layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (body of patient 1) (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7, see “without impacting the patient’s body with mechanical vibration”; paragraph 11, lines 1-4; paragraph 12, lines 1-22; Fig. 3),
wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) comprises a plurality of transducers (see each of sound generators 6 in Fig. 3) in the support member (4 configured as a mattress per paragraph 22, lines 4-6) for generating and transmitting soundwaves to the subject body (body of patient 1) at respective locations of the support surface (9), each of the respective locations being associated with one of the plurality of transducers (see each of sound generators 6 in Fig. 3) (paragraph 11, lines 1-15; see Figs. 2-3 where the sound generators 6 are laterally spaced apart within support member 4),
wherein a thickness, of the layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (body of patient 1), is adapted for absorbing physical vibrations while allowing the soundwaves to pass there through to the subject body (body of patient 1) (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7, see “without impacting the patient’s body with mechanical vibration”; paragraph 11, lines 1-4; paragraph 12, lines 1-22; Fig. 3),
wherein the thickness of the layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (body of patient 1) is between the at least one sound transducer (see each of sound generators 6 in Fig. 3) and the support surface (9), and is adapted to transmit physical vibrations produced by the at least one sound transducer (see each of sound generators 6 in Fig. 3) to the support surface (9) at a level below a minimal sensing level of the part of the subject body (body of patient 1) supported on the support surface (9) (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7, see “without impacting the patient’s body with mechanical vibration”; paragraph 11, lines 1-4; paragraph 12, lines 1-22; Fig. 3), and
wherein the plurality of sound transducers (see each of sound generators 6 in Fig. 3) are grouped in several groups of sound transducers (see each of sound generators 6 in Fig. 3, and annotated Fig. 3 below for the plurality of groups), wherein each group of sound transducers of the plurality of groups of sound transducers is associated with a corresponding specific part of the subject body (body of patient 1) (note Fig. 3, and its annotated version, where each supplied group of transducers is provided in parallel, and would thus interface the patient at a corresponding specific body part, when the patient is supported on the device as shown in Fig. 1, and given the horizontal spacing of each group of transducers, a different corresponding body part would be interfaced by each group of transducers, i.e., at least different corresponding positions along the leg such as the thigh, the knee, and the calf, and/or different corresponding parts of any of the thigh, knee, or calf; paragraph 7; paragraph 11, lines 8-10).
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In the alternative, if Jones is not deemed to anticipate the arrangement of the plurality of sound transducers (shown in Figures 1-3 as a pad 4) in a mattress as an alternative to the pad, then Jones teaches that the plurality of sound transducers are configured for use in either of the pad described and illustrated in Figures 1-3, or in a mattress (paragraph 22, lines 4-6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the arrangement of the transducers in Jones’ illustrated pad (see Figs. 1-3, member 4) for arrangement in a mattress, as Jones teaches that both configurations are possible efficacious and reasonable alternatives for the sound generator-based RLS therapy provided.
Jones fails to disclose that the support member is carried on a frame and thus that the bottom layer of material separates the at least one sound transducer from the frame, that the thickness is dependent on the respective location of each of the plurality of transducers, wherein the thickness of the layer of material adapted to absorb physical vibrations of the at least one sound transducer and pass the soundwaves to the subject body is varied such that positions of expected relatively higher pressure on the subject body are thicker than positions of expected relatively lower pressure on the subject body, and wherein each of the plurality of transducers is controllable independently to enable independent generation and transmission of soundwaves at each location of the support surface associated with one of the plurality of transducers.
However, Oakhill teaches a mattress assembly (100) including a support member (mattress 104) carried on a foundation (102) (Col. 4, lines 1-3; Fig. 1) wherein the foundation includes a frame which is advantageously adjustable in order to bend and pivot along multiple axes (Col. 4, lines 13-16; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Jones to include a frame for carrying the support member, as taught by Oakhill, in order to adjustably manipulate the support member along multiple axes.
Thus, as modified, with the frame (mattress frame of foundation 102 of Oakhill) placed beneath the support member (Jones: 4 configured as a mattress per paragraph 22, lines 4-6), the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) is separated from the frame (Oakhill: frame of foundation 102) by a layer of material adapted to absorb physical vibrations of the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) (Jones: see bottom layer 7 and layer 8 beneath the sound generators 6 beneath each sound generator 6; paragraph 12, lines 1-17; Fig. 3, and note the position of foundation 102 in Oakhill’s Fig. 1 beneath the mattress 104).
Modified Jones fails to disclose wherein the thickness is dependent on the respective location of each of the plurality of transducers, and wherein the thickness of the layer of material adapted to absorb physical vibrations of the at least one sound transducer and pass the soundwaves to the subject body is varied such that positions of expected relatively higher pressure on the subject body are thicker than positions of expected relatively lower pressure on the subject body, and wherein each of the plurality of transducers is controllable independently to enable independent generation and transmission of soundwaves at each location of the support surface associated with one of the plurality of transducers.
However, Ribicic teaches a mattress (1) that comprises a layer of material (14) disposed at the topmost portion of the mattress (1) (paragraph 23, lines 1-5; Fig. 1) and an intermediate material layer (12) which follows the curved profile of the layer of material (14) disposed at the topmost portion of the mattress (1) (paragraph 23, lines 1-7; see Fig. 2 where layer 12, described at paragraph 23, lines 25-28 as having a uniform thickness, which curves in a sine wave depending on the thickness of layer 14 above it), wherein the thickness of the mattress (1) in the region of the legs/feet (see area between a3 and a4) of the user is dependent on a specific longitudinal location on the mattress (1) (paragraph 24, lines 7-11 and 16-28, see sine curve and increase in thickness at a3 and subsequent decrease in thickness at a4 and the sine curve-based change in thickness between the thickest portion of a3 and the thickness at a4, where a4 is described as being a foot section, and thus at least a portion of the legs are understood to be disposed between thicknesses a3 and a4; see Fig. 2), wherein the thickness of the top layer (14) is locally changed to accommodate local weights of different portions of the user’s body (paragraph 3, lines 1-8), where weight is taught to relate to load on the mattress, and thus the thickness of the layer of material (14) is varied such that positions of expected relatively higher pressure on the user’s body are thicker than positions of expected relatively lower pressure on the user’s body (paragraph 6, lines 5-12, see weight loading; note that it is understood that the weight loading described contributes different pressure loading at different locations based on the difference in weight of the particular body portion given that the weight/mass of the body at various points on the mattress places pressure thereon, and the pressure is higher/lower depending on the weight of the body portion).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thickness of the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) adapted to absorb physical vibrations of the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (Jones: body of patient 1), and to change the orientation of the intermediate layer (see Jones’ layer 8) dependent on the respective longitudinal location on the support member (Jones: 4 configured as a mattress per paragraph 22, lines 4-6) such that the thickness of the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) is varied such that positions of expected relatively higher pressure on the subject’s body (Jones: body of patient 1) are thicker than positions of expected relatively lower pressure on the subject’s body (Jones: body of patient 1), as taught by Ribicic, in order to locally change the thickness of the mattress along its longitudinal aspect underneath the body, in particular the feet and legs, in order to provide support based on the expected weight distribution of the subject’s body.
Thus, as modified, the thickness is dependent on the respective locations of each of the plurality of transducers (Jones: see each of sound generators 6 in Fig. 3) because the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) adapted to absorb physical vibrations of the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (Jones: body of patient 1) is modified in accordance with Ribicic’s teachings (Ribicic: paragraph 23, lines 7-11 and 16-28, see Fig. 2), such that the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) has different thicknesses along its longitudinal aspect (Ribicic: paragraph 23, lines 7-11 and 16-28, see Fig. 2) and the intermediate layer (see 8 of Jones where the sound generators are disposed, and 12 of Ribicic for the modified shape of the layer) that contains the sound transducers (Jones: see each of sound generators 6 in Fig. 3) maintains a uniform thickness while differing in its depth within the mattress as the thickness of the top layer is changed (Ribicic: paragraph 23, lines 25-28 and Fig. 2), resulting in the plurality of transducers (Jones: see each of sound generators 6 in Fig. 3) disposed along the longitudinal aspect of the support member (Jones: 4) to be situated at different thicknesses in the material layers (Jones: 7 and 8).
This modification can also be made with a reasonable expectation of success because Jones indicates that the sound transducers (Jones: see each of sound generators 6 in Fig. 3) should be disposed at least 0.25 inches beneath the surface, but can be disposed as many as a few inches within the material layers (paragraph 12, lines 17-21), and thus disposing the sound transducers (Jones: see each of sound generators 6 in Fig. 3) deeper within the material layers still reasonably allows for soundwaves to be delivered to the subject’s body (Jones: body of patient 1).
Modified Jones still fails to disclose wherein each of the plurality of transducers is controllable independently to enable independent generation and transmission of soundwaves at each location of the support surface associated with one of the plurality of transducers.
However, McNew teaches a plurality of sound transducers (304) wherein each of the plurality of sound transducers (304) is independently controllable to enable independent generation and transmission of soundwaves at each location associated with each of the plurality of sound transducers to provide balanced delivery of the therapy (304) as needed (paragraph 91, lines 1-15, see “each transducer 304 may be independently controlled”; paragraph 82, lines 1-2, see acoustic vibrations which are described as directed towards a side of the user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of modified Jones to include the capability of independently controlling each of the sound transducers, as taught by McNew, in order to enable independent generation and transmission of soundwaves at each location associated with each of the plurality of sound transducers to provide balanced delivery of the therapy as needed.
Regarding claim 3, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 1, as discussed above.
Jones further discloses wherein the layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body is a foam (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7; paragraph 11, lines 1-4; paragraph 12, lines 1-22, see foam rubber; Fig. 3).
Regarding claim 4, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 1, as discussed above.
Jones further discloses wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) is able and adapted to generate soundwaves in a low-frequency spectrum (paragraph 15, lines 1-3, see 20-100 Hz; see also paragraph 5, lines 9-11, see “low frequency”).
Regarding claim 10, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 1, as discussed above.
Jones further discloses wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) is enclosed in all directions by the layer of material adapted for absorbing physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) (see bottom layer 7 beneath each sound generator 6, and the portions of material layer 8 both beneath and to the left and right sides of each sound generator 6 extending to the top of the generators 6 for this material layer; paragraph 12, lines 1-17; Fig. 3).
Regarding claim 11, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 1, as discussed above.
Jones further discloses wherein the device (3) is a piece of furniture consisting of a bed (paragraph 22, lines 4-6, see mattress).
Regarding claim 12, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 11, as discussed above.
Jones further discloses wherein the device (3) comprises a controller configured to control a soundwave output of the at least one sound transducer (see each of sound generators 6 in Fig. 3) provided in the support member (4 configured as a mattress per paragraph 22, lines 4-6) (paragraph 12, lines 21-27, where the controller is any of the disclosed switch for power level adjustment, timer or timing circuit, and/or computer control system).
Regarding claim 13, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 12, as discussed above.
Jones further discloses wherein the device (3) comprises an interface (5) (paragraph 12, lines 21-27).
Regarding claim 14, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 1, as discussed above.
Jones further discloses wherein the device (3) is used as a medical device (paragraph 11, lines 1-8, see RLS treatment).
Regarding claim 15, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 14, as discussed above.
Jones further discloses wherein the device (3) is for use in a chemotherapy, wherein the device (3) is adapted to support the subject body (body of patient 1) undergoing treatment with chemotherapy, and wherein the device (3) is controlled to provide, with the at least one sound transducer (see each of sound generators 6 in Fig. 3), a soundwave therapy to the subject body (body of patient 1) during the treatment (paragraph 11, lines 1-4; paragraph 12, lines 1-17, and final six lines of the paragraph for device control; Figs. 1-3, see in particular the device 3 in use supporting the patient; see also paragraph 22, lines 4-6 where the device is configured as a mattress, where mattresses are known to support a user thereon).
It is noted that claim 15 is an apparatus claim. It has been held that the manner of operating the device does not differentiate an apparatus claim from the prior art (MPEP 2114 II). Specifically, MPEP 2114 II provides that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Thus, since the structure of the device (3) disclosed by Jones is structurally capable of supporting the subject body and provide soundwave therapy to the subject body (paragraph 11, lines 1-4; paragraph 12, lines 1-17; Figs. 1-3), Jones’ device (3) is capable of supporting the subject body and providing soundwave therapy thereto during treatment by chemotherapy.
Regarding claim 16, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 14, as discussed above.
Jones further discloses wherein the device (3) is for use in treatment of cancer in the subject body (body of patient 1) by chemotherapy, wherein the device (3) is adapted to support the subject body (body of patient 1) undergoing treatment with chemotherapy, and wherein the device (3) is controlled to provide with the at least one sound transducer (see each of sound generators 6 in Fig. 3) a soundwave therapy to the subject (patient 1) during the treatment (paragraph 11, lines 1-4; paragraph 12, lines 1-17, and final six lines of the paragraph for device control; Figs. 1-3, see in particular the device 3 in use supporting the patient; see also paragraph 22, lines 4-6 where the device is configured as a mattress, where mattresses are known to support a user thereon).
It is noted that claim 16 is an apparatus claim. It has been held that the manner of operating the device does not differentiate an apparatus claim from the prior art (MPEP 2114 II). Specifically, MPEP 2114 II provides that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)”.
Thus, since the structure of the device (3) disclosed by Jones is structurally capable of supporting the subject body and provide soundwave therapy to the subject body (paragraph 11, lines 1-4; paragraph 12, lines 1-17; Figs. 1-3), Jones’ device (3) is capable of supporting the subject body and providing soundwave therapy thereto during treatment by chemotherapy.
Regarding claim 17, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 15, as discussed above.
Jones further discloses wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) is adapted to provide a soundwave therapy to the subject body (patient 1) comprising transmitting low-frequency soundwaves in a range between 20-100 Hz to at least part of the subject body (body of patient 1) (paragraph 15, lines 1-3; claim 15, lines 1-6, where the range of 20-100 Hz disclosed by Jones overlaps the claimed range of 25-120 Hz, and thus anticipates the range since it is disclosed with sufficient specificity, see MPEP 2131.03 II).
Regarding claim 18, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 17, as discussed above.
Jones further discloses wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) is adapted to transmit soundwaves which affect a nervous system of the subject body (body of patient 1) (paragraph 15, lines 1-3; claim 15, lines 1-6, where the range of 20-100 Hz overlaps the claimed range of 25-120 Hz, and thus anticipates the range since it is disclosed with sufficient specificity, see MPEP 2131.03 II, and further the instant specification at pg. 10, lines 5-14 gives the suitable range of 25-120 Hz for the frequency of the soundwave range, and goes on to discuss the preference of outputting soundwaves that affect the nervous system, thus it is understood from the instant specification that the soundwaves in the frequency range of 25-120 Hz affect the nervous system; separately, at paragraph 15, lines 11-20 discuss the 20-100 Hz sound output, and describe it as “perceptible” in the audio range, where the nervous system is responsible for such perception, and thus would be impacted by the soundwaves in the disclosed frequency).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 2016/0030280) in view of Oakhill (US 9,592,005), Ribicic (US 2020/0229607), McNew (US 2006/0030907), and Cohen (US 2020/0246479).
Regarding claim 19, Jones in view of Oakhill, Ribicic, and McNew disclose the device according to claim 1, as discussed above.
Modified Jones further discloses a method of positioning the subject body (Jones: body of patient 1) on the device (Jones: 3), and
treating the subject body (Jones: body of patient 1) with a soundwave therapy in which soundwaves are transmitted to the subject body (Jones: body of patient 1) at a level that stimulates peripheral nerves of the subject body (Jones: body of patient 1) while preventing the subject (Jones: patient 1) from experiencing any sensation of physical vibrations arising from the soundwave therapy (paragraph 11, lines 1-4; paragraph 12, lines 1-17; Figs. 1-3, see in particular the device 3 in use supporting the patient; see also paragraph 22, lines 4-6 where the device is configured as a mattress, where mattresses are known to support a user thereon; see also paragraph 15, lines 1-3 and claim 15, lines 1-6, where the range of 20-100 Hz overlaps the range of 25-120 Hz disclosed at pg. 10, lines 5-14, which gives the suitable range of 25-120 Hz for the frequency of the soundwave range, and goes on to discuss the preference of outputting soundwaves that affect the nervous system, thus it is understood from the instant specification that the soundwaves in the frequency range of 25-120 Hz affect the nervous system, specifically the peripheral nerves, thus the range in Jones is understood to stimulate the peripheral nerves since the instantly disclosed range and the art-disclosed range overlap).
Modified Jones fails to disclose a method of treating cancer in a subject body that includes positioning the subject on the device of claim 1, giving chemotherapy to the subject body by administering chemotherapeutic agents to the subject body, and delivering the soundwave therapy of modified Jones during at least part of the chemotherapy.
However, Cohen teaches an apparatus (see support apparatus 16 in Fig. 1) capable of creating synchronized sound, vibration, and magnetic field stimulation (abstract, lines 1-2; paragraph 129, lines 1-7; Fig. 1), and further teaches a method of treating cancer in a subject body that includes positioning the subject on the apparatus (see support apparatus 16 in Fig. 1), giving chemotherapy to the subject body by administering chemotherapeutic agents to the subject body, and treating the subject with soundwave therapy during at least a part of the chemotherapy (paragraph 135, lines 1-11, see sunitinib malate treatment, and note that in the heading above the paragraph, the drug is indicated as a chemotherapeutic agent; see paragraph 136, lines 1-12 for EPVS treatment that overlapped chemotherapy cycles; see also paragraphs 129-130 which describe the sonic and vibrational therapy delivered in the EVPS study while the patient is on the support apparatus) where the EPVS therapy reduced the side effects the subject experienced as a result of the chemotherapy agent (paragraph 136, lines 1-10).
Additionally, Cohen teaches that it is conceivable to use any of the sound, vibration, and/or electromagnetism singly, as opposed to in combination, to confer healing, disease prevention, and wellness (paragraph 40, lines 1-4), and further notes that the use of each of sound, vibration, and electromagnetism may reduce side effects associated with various drug classes (paragraph 145, lines 9-16). Lastly, Cohen contemplates using low frequency audio stimulation in the range under 400 Hz (paragraph 84, lines 1-11, and notes the stimulation of Meissner’s corpuscles, a type of peripheral nerve, at 50 Hz).
Given that modified Jones contemplates the use of soundwave therapy on a subject body supported on the device of claim 1 (paragraph 11, lines 1-10), discusses the delivery of sonic vibrations to the subject body without perceptible physical vibration (paragraph 12, lines 1-17), and discloses the use of frequencies of soundwave therapy in the range of 20-100 Hz which overlaps Cohen’s range of audio stimulation under 400 Hz, and that Cohen teaches that it is conceivable to use any of the sound, vibration, and/or electromagnetism singly to confer healing, disease prevention, and wellness (paragraph 40, lines 1-4), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method contemplated by modified Jones to further include the use of the device and soundwave therapy in tandem with treating cancer in the subject body by giving chemotherapy via chemotherapeutic agents during use of the soundwave therapy, as taught by Cohen, in order to reduce the side effects the subject experiences as a result of the chemotherapy agent administered.
Regarding claim 20, Jones discloses a device (3) for providing a subject body (body of patient 1) with a sensation of vibration in the subject body (paragraph 11, lines 1-10; see also paragraph 22, lines 1-6 where the sound generators may be encased in a mattress as an alternative to a pillow/cushion; Fig. 1; see paragraph 25, lines 11-13, where sound is defined as a pressure wave propagation), comprising:
a support member (4 configured as a mattress per paragraph 22, lines 4-6) having a support surface (9) for supporting at least a part of the subject body (body of patient 1), the support member (4 configured as a mattress per paragraph 22, lines 4-6) being provided with at least one sound transducer (see each of sound generators 6 in Fig. 3) capable of generating and transmitting soundwaves to the subject body (body of patient 1) (paragraph 11, lines 1-11; paragraph 12, lines 1-17; paragraph 25, lines 11-13; Figs. 1-2),
wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) has a layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) beneath it (see bottom layer 7 beneath each sound generator 6, and the portions of material layer 8 both beneath and to the left and right sides of each sound generator 6 extending to the top of the generators 6 for this material layer; paragraph 12, lines 1-17; Fig. 3),
wherein the support member (4 configured as a mattress per paragraph 22, lines 4-6) comprises, between the at least one sound transducer (see each of sound generators 6 in Fig. 3) and the support surface (9) of the support member (4 configured as a mattress per paragraph 22, lines 4-6), a layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (body of patient 1) (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7, see “without impacting the patient’s body with mechanical vibration”; paragraph 11, lines 1-4; paragraph 12, lines 1-22; Fig. 3),
wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) in the device (3) provides a soundwave therapy to the subject body (Jones: body of patient 1) in which soundwaves are transmitted at a level that stimulates peripheral nerves of the subject body (Jones: body of patient 1) (paragraph 11, lines 1-4; paragraph 12, lines 1-17; Figs. 1-3, see in particular the device 3 in use supporting the patient; see also paragraph 22, lines 4-6 where the device is configured as a mattress, where mattresses are known to support a user thereon; see also paragraph 15, lines 1-3 and claim 15, lines 1-6, where the range of 20-100 Hz overlaps the range of 25-120 Hz disclosed at pg. 10, lines 5-14, which gives the suitable range of 25-120 Hz for the frequency of the soundwave range, and goes on to discuss the preference of outputting soundwaves that affect the nervous system, thus it is understood from the instant specification that the soundwaves in the frequency range of 25-120 Hz affect the nervous system, specifically the peripheral nerves, thus the range in Jones is understood to stimulate the peripheral nerves since the instantly disclosed range and the art-disclosed range overlap),
wherein the at least one sound transducer (see each of sound generators 6 in Fig. 3) comprises a plurality of transducers (see each of sound generators 6 in Fig. 3) in the support member (4 configured as a mattress per paragraph 22, lines 4-6) for generating and transmitting soundwaves to the subject body (body of patient 1) at respective locations of the support surface (9), each of the respective locations being associated with one of the plurality of transducers (see each of sound generators 6 in Fig. 3) (paragraph 11, lines 1-15; see Figs. 2-3 where the sound generators 6 are laterally spaced apart within support member 4),
wherein a thickness, of the layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (body of patient 1), is adapted for absorbing physical vibrations while allowing the soundwaves to pass there through to the subject body (body of patient 1) (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7, see “without impacting the patient’s body with mechanical vibration”; paragraph 11, lines 1-4; paragraph 12, lines 1-22; Fig. 3),
wherein the thickness of the layer of material adapted to absorb physical vibrations of the at least one sound transducer (see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (body of patient 1) is between the at least one sound transducer (see each of sound generators 6 in Fig. 3) and the support surface (9), and is adapted to transmit physical vibrations produced by the at least one sound transducer (see each of sound generators 6 in Fig. 3) to the support surface (9) at a level below a minimal sensing level of the part of the subject body (body of patient 1) supported on the support surface (9) (see top layer 7 above each sound generator 6 for this material layer; paragraph 5, lines 1-7, see “without impacting the patient’s body with mechanical vibration”; paragraph 11, lines 1-4; paragraph 12, lines 1-22; Fig. 3), and
wherein the plurality of sound transducers (see each of sound generators 6 in Fig. 3) are grouped in several groups of sound transducers (see each of sound generators 6 in Fig. 3, and annotated Fig. 3 below for the plurality of groups), wherein each group of sound transducers of the plurality of groups of sound transducers is associated with a corresponding specific part of the subject body (body of patient 1) (note Fig. 3, and its annotated version, where each supplied group of transducers is provided in parallel, and would thus interface the patient at a corresponding specific body part, when the patient is supported on the device as shown in Fig. 1, and given the horizontal spacing of each group of transducers, a different corresponding body part would be interfaced by each group of transducers, i.e., at least different corresponding positions along the leg such as the thigh, the knee, and the calf, and/or different corresponding parts of any of the thigh, knee, or calf; paragraph 7; paragraph 11, lines 8-10).
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In the alternative, if Jones is not deemed to anticipate the arrangement of the plurality of sound transducers (shown in Figures 1-3 as a pad 4) in a mattress as an alternative to the pad, then Jones teaches that the plurality of sound transducers are configured for use in either of the pad described and illustrated in Figures 1-3, or in a mattress (paragraph 22, lines 4-6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the arrangement of the transducers in Jones’ illustrated pad (see Figs. 1-3, member 4) for arrangement in a mattress, as Jones teaches that both configurations are possible efficacious and reasonable alternatives for the RLS therapy provided.
Regarding the device of claim 20, Jones fails to disclose that the support member is carried on a frame and thus that the bottom layer of material separates the at least one sound transducer from the frame, that the thickness is dependent on the respective location of each of the plurality of transducers, wherein the thickness, of the layer of material adapted to absorb physical vibrations of the at least one sound transducer and pass the soundwaves to the subject body, is varied such that positions of expected relatively higher pressure on the subject body are thicker than positions of expected relatively lower pressure on the subject body, and wherein each of the plurality of transducers is controllable independently to enable independent generation and transmission of soundwaves at each location of the support surface associated with one of the plurality of transducers.
However, Oakhill teaches a mattress assembly (100) including a support member (mattress 104) carried on a foundation (102) (Col. 4, lines 1-3; Fig. 1) wherein the foundation includes a frame which is advantageously adjustable in order to bend and pivot along multiple axes (Col. 4, lines 13-16; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Jones to include a frame for carrying the support member, as taught by Oakhill, in order to adjustably manipulate the support member along multiple axes.
Thus, as modified, with the frame (mattress frame of foundation 102 of Oakhill) placed beneath the support member (Jones: 4 configured as a mattress per paragraph 22, lines 4-6), the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) is separated from the frame (Oakhill: frame of foundation 102) by a layer of material adapted to absorb physical vibrations of the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) (Jones: see bottom layer 7 and 8 beneath each sound generator 6; paragraph 12, lines 1-17; Fig. 3, and note the position of foundation 102 in Oakhill’s Fig. 1 beneath the mattress 104).
Regarding the device of claim 20, modified Jones fails to disclose wherein the thickness is dependent on the respective location of each of the plurality of transducers, and wherein the thickness, of the layer of material adapted to absorb physical vibrations of the at least one sound transducer and pass the soundwaves to the subject body, is varied such that positions of expected relatively higher pressure on the subject body are thicker than positions of expected relatively lower pressure on the subject body, and wherein each of the plurality of transducers is controllable independently to enable independent generation and transmission of soundwaves at each location of the support surface associated with one of the plurality of transducers.
However, Ribicic teaches a mattress (1) that comprises a layer of material (14) disposed at the topmost portion of the mattress (1) (paragraph 23, lines 1-5; Fig. 1) and an intermediate material layer (12) which follows the curved profile of the layer of material (14) disposed at the topmost portion of the mattress (1) (paragraph 23, lines 1-7; see Fig. 2 where layer 12, described at paragraph 23, lines 25-28 as having a uniform thickness, which curves in a sine wave depending on the thickness of layer 14 above it), wherein the thickness of the mattress (1) in the region of the legs/feet of the user is dependent on a specific longitudinal location on the mattress (1) (paragraph 24, lines 7-11 and 16-28, see sine curve and increase in thickness at a3 and subsequent decrease in thickness at a4 and the sine curve-based change in thickness between the thickest portion of a3 and the thickness at a4, where a4 is described as being a foot section, and thus the legs are understood to be disposed between thicknesses a3 and a4; see Fig. 2), wherein the thickness of the top layer (14) is locally changed to accommodate local weights of different portions of the user’s body (paragraph 3, lines 1-8), where weight is taught to relate to load on the mattress, and thus the thickness of the layer of material (14) is varied such that positions of expected relatively higher pressure on the user’s body are thicker than positions of expected relatively lower pressure on the user’s body (paragraph 6, lines 5-12, see weight loading; note that it is understood that the weight loading described contributes different pressure loading at different locations based on the difference in weight of the particular body portion given that the weight/mass of the body at various points on the mattress places pressure thereon).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thickness of the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) adapted to absorb physical vibrations of the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (Jones: body of patient 1), and to change the orientation of the intermediate layer (see Jones’ layer 8) dependent on the respective longitudinal location on the support member (Jones: 4 configured as a mattress per paragraph 22, lines 4-6) such that the thickness of the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) is varied such that positions of expected relatively higher pressure on the subject’s body (Jones: body of patient 1) are thicker than positions of expected relatively lower pressure on the subject’s body (Jones: body of patient 1), as taught by Ribicic, in order to locally change the thickness of the mattress along its longitudinal aspect underneath the legs based on the expected weight distribution of the subject’s body.
Thus, as modified, the thickness is dependent on the respective locations of each of the plurality of transducers (Jones: see each of sound generators 6 in Fig. 3) because the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) adapted to absorb physical vibrations of the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) and pass the soundwaves to the subject body (Jones: body of patient 1) is modified in accordance with Ribicic’s teachings (Ribicic: paragraph 23, lines 7-11 and 16-28, see Fig. 2), such that the layer of material (Jones: see top layer 7 above each sound generator 6 for this material layer) has different thicknesses along its longitudinal aspect (Ribicic: paragraph 23, lines 7-11 and 16-28, see Fig. 2) and the intermediate layer (see layer 8 of Jones where the sound generators 6 are contained, and see layer 12 of Ribicic for the modified orientation of layer 8) that contains the sound transducers (Jones: see each of sound generators 6 in Fig. 3) maintains a uniform thickness while differing in its depth within the mattress as the thickness of the top layer is changed (Ribicic: paragraph 23, lines 25-28 and Fig. 2), resulting in the plurality of transducers (Jones: see each of sound generators 6 in Fig. 3) disposed along the longitudinal aspect of the support member (Jones: 4) to be situated at different thicknesses in the material layers (Jones: 7 and 8) specifically in the region of the legs/feet.
This modification can also be made with a reasonable expectation of success because Jones indicates that the sound transducers (Jones: see each of sound generators 6 in Fig. 3) should be disposed at least 0.25 inches beneath the surface, but can be disposed as many as a few inches within the material layers (paragraph 12, lines 17-21), and thus disposing the sound transducers (Jones: see each of sound generators 6 in Fig. 3) deeper within the material layers reasonably still allows for soundwaves to be delivered to the subject’s body (Jones: body of patient 1).
Regarding the device of claim 20, further modified Jones still fails to disclose wherein each of the plurality of transducers is controllable independently to enable independent generation and transmission of soundwaves at each location of the support surface associated with one of the plurality of transducers.
However, McNew teaches a plurality of sound transducers (304) wherein each of the plurality of sound transducers (304) is independently controllable to enable independent generation and transmission of soundwaves at each location associated with each of the plurality of sound transducers to provide balanced delivery of the therapy (304) as needed (paragraph 91, lines 1-15, see “each transducer 304 may be independently controlled”; paragraph 82, lines 1-2, see acoustic vibrations which are described as directed towards a side of the user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of modified Jones to include the capability of independently controlling each of the sound transducers, as taught by McNew, in order to enable independent generation and transmission of soundwaves at each location associated with each of the plurality of sound transducers to provide balanced delivery of the therapy as needed.
Regarding the method steps of claim 20, further modified Jones fails to disclose a method of treating cancer in a subject body while the subject is supported on the device by giving chemotherapy to the subject body by administering chemotherapeutic agents to the subject body, and delivering the soundwave therapy of modified Jones during at least part of the chemotherapy.
However, Cohen teaches an apparatus (see support apparatus 16 in Fig. 1) capable of creating synchronized sound, vibration, and magnetic field stimulation (abstract, lines 1-2; paragraph 129, lines 1-7; Fig. 1), and further teaches a method of treating cancer in a subject body that includes positioning the subject on the apparatus (see support apparatus 16 in Fig. 1), giving chemotherapy to the subject body by administering chemotherapeutic agents to the subject body, and treating the subject with soundwave therapy during at least a part of the chemotherapy (paragraph 135, lines 1-11, see sunitinib malate treatment, and note that in the heading above the paragraph, the drug is indicated as a chemotherapeutic agent; see paragraph 136, lines 1-12 for EPVS treatment that overlapped chemotherapy cycles; see also paragraphs 129-130 which describe the sonic and vibrational therapy delivered in the EVPS study while the patient is on the support apparatus) where the EPVS therapy reduced the side effects the subject experienced as a result of the chemotherapy agent (paragraph 136, lines 1-10).
Additionally, Cohen teaches that it is conceivable to use any of the sound, vibration, and/or electromagnetism singly, as opposed to in combination, to confer healing, disease prevention, and wellness (paragraph 40, lines 1-4), and further notes that the use of each of sound, vibration, and electromagnetism may reduce side effects associated with various drug classes (paragraph 145, lines 9-16). Lastly, Cohen contemplates using low frequency audio stimulation in the range under 400 Hz (paragraph 84, lines 1-11, and notes the stimulation of Meissner’s corpuscles, a type of peripheral nerve, at 50 Hz).
Given that modified Jones contemplates the use of soundwave therapy on a subject body supported on the device of claim 1 (paragraph 11, lines 1-10), discusses the delivery of sonic vibrations to the subject body without perceptible physical vibration (paragraph 12, lines 1-17), and discloses the use of frequencies of soundwave therapy in the range of 20-100 Hz which overlaps Cohen’s range of audio stimulation under 400 Hz, and that Cohen teaches that it is conceivable to use any of the sound, vibration, and/or electromagnetism singly to confer healing, disease prevention, and wellness (paragraph 40, lines 1-4), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method contemplated by modified Jones to further include the use of the device and soundwave therapy in tandem with treating cancer in the subject body by giving chemotherapy via chemotherapeutic agents during use of the soundwave therapy, as taught by Cohen, in order to reduce the side effects the subject experiences as a result of the chemotherapy agent given.
Regarding claim 21, Jones in view of Oakhill, Ribicic, McNew, and Cohen disclose the method according to claim 20, as discussed above.
Modified Jones further discloses wherein the soundwaves transmitted by the at least one sound transducer (Jones: see each of sound generators 6 in Fig. 3) are adapted to prevent chemotherapy induced peripheral neuropathy (Jones: see paragraph 15, lines 1-3 and claim 15, lines 1-6, where the range of 20-100 Hz overlaps the range of 25-120 Hz disclosed at pg. 10, lines 5-14, which gives the suitable range of 25-120 Hz for the frequency of the soundwave range, and goes on to discuss the preference of outputting soundwaves that affect the nervous system, specifically the peripheral nerves to reduce peripheral neuropathy in the treated subject, thus it is understood from the instant specification that the soundwaves in the frequency range of 25-120 Hz are adapted for reducing peripheral neuropathy, and thus the range in Jones is understood to reduce peripheral neuropathy since the instantly disclosed range and the art-disclosed range overlap; see also Cohen: paragraph 135, lines 1-11, see sunitinib malate treatment, and note that in the heading above the paragraph, the drug is indicated as a chemotherapeutic agent; see paragraph 136, lines 1-12 for EPVS treatment that overlapped chemotherapy cycles).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakajima (US 2008/0129094) is cited for its disclosure of independently controlling several pluralities of groups of vibro-acoustic actuators (see paragraph 44).
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/PAIGE KATHLEEN BUGG/Examiner, Art Unit 3785