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
The amendment filed on 08/07/2025 has been entered. Claims 1-4, 6, 8-9, 11-12, 15, and 18-19 have been amended. Claim 21 has been cancelled. No new claims have been added. Claims 1-6, 8-12, 14-16, 18-20, and 22 remain pending in the instant application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 11, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 “the oscillator being configured to generate longitudinal pressure waves propagating exclusively through the air, directed toward the [[an]] outer skin surface of the user through the emitter opening exclusively via airborne acoustic energy and not by mechanical vibration or contact conduction, such that at least one cell within the outer skin surface of the user receives the oscillation through mechanotransduction.”
Claim 2 “each oscillation comprises two or more oscillations a composite audible waveform in air and is configured to propagate toward the outer skin surface of the user at frequencies optimized to stimulate the skin via mechanotransduction.”
Claim 3 “each oscillation comprising a different predetermined combination of multiple acoustical frequencies optimized for a target condition of the user, and wherein the set of said sequential oscillations defines a preprogrammed therapy regimen.”
Claim 6 “a predetermined sequential order within the program corresponding to a multi-step therapy regimen configured to target specific conditions.”
Claim 9 “a vibrational energy to the outer skin surface and area beneath the outer skin surface solely by transmission of airborne sound waves and not by mechanical conduction.”
Claim 11 “outer skin surface through the emitter opening exclusively via airborne acoustic energy and not by mechanical vibration or contact conduction such that at least one cell within the outer skin surface of the user receives the oscillation.”
Claim 12 “are emitted for several seconds to several minutes as airborne sound waves via said emitter opening.”
Claim 15 “comprising an air-coupled oscillator”, “towards the user's skin surface through the emitter opening exclusively via airborne acoustic energy, wherein the oscillator is configured to produce acoustic energy that propagates in air and not by mechanical vibration or contact conduction, such that at least one cell within the user receives the oscillation through mechanotransduction”
Claim 18 “area beneath the outer skin surface solely by transmission of airborne sound waves and not by mechanical conduction.”
Claim Objections
Claims 8 and 15 are objected to because of the following informalities:
Claim 8 “ademona” should be corrected to --adenoma-- for the sake of clarity.
Claim 15 “ademona” should be corrected to --adenoma-- for the sake of clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 6, 8-11, 14-15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US20050124897A1 to Chopra (hereinafter “Chopra”) in view of US20090076421A1 to Grant (hereinafter “Grant”).
Regarding claim 1, Chopra discloses a method of treating a user comprising (Paragraphs 0001-0002 discloses a method for delivering acoustic energy for tissue treatment):
a. positioning a wearable device comprising an oscillator and an emitter opening adjacent to an outer skin surface of the user such that the oscillator is not in direct contact with an outer skin surface of the user (Fig. 1 & 2 device 100, driver 106, transducer 210; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user; Fig. 2 shows that if the transducer had a bowl shape, the emitter opening would be where the wall of channel 220 meets the transducer 210); and
b. emitting a program, wherein the program comprises at least one oscillation emitted from the oscillator (Paragraph 0024 discloses the driver is an electrical oscillator which provides the drive signals to the transducer at different frequencies), from the wearable device near the oscillator being configured to generate longitudinal pressure waves propagating exclusively through the air, directed toward the [[an]] outer skin surface of the user through the emitter opening exclusively via airborne acoustic energy and not by mechanical vibration or contact conduction, such that at least one cell within the outer skin surface of the user receives the oscillation through mechanotransduction (Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin resulting in mechanotransduction; Paragraph 0024 discloses the transducer emits acoustic energy).
Chopra also discloses the transducer may be made of multiple transducers (Paragraph 0020 discloses the transducer 210 may be a one-piece piezoceramic part, or alternatively, be composed of a mosaic arrangement of a plurality of small piezoceramic elements.). Chopra does not disclose wherein the oscillations comprise a combination of multiple acoustic frequencies. However, Grant teaches an acoustical stimulation device which sends a combination of multiple acoustic frequencies to a user (Figs. 8-9 base unit housing 740, wearable unit 720; Paragraph 0068 discloses the housing is a multiple frequency generation device capable of delivering a frequency blend range in a pre-timed, selectable frequency manner.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the modify the driver and transducer of Chopra to have oscillations that comprise a combination of multiple acoustic frequencies, as taught by Grant, in order to variable harmonic stimulation to the user’s body (Paragraph 0068).
Regarding claim 2, Chopra in view of Grant discloses the method of claim 1, and Chopra as modified by Grant further discloses wherein the program each oscillation comprises two or more oscillations a composite audible waveform in air and is configured to propagate toward the outer skin surface of the user at frequencies optimized to stimulate the skin via mechanotransduction (Chopra Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin; Grant Paragraph 0068 discloses the housing is a multiple frequency generation device capable of delivering a frequency blend range in a pre-timed, selectable frequency manner; Examiner notes providing a multi-blend of frequencies would involve at least two oscillations).
Regarding claim 3, Chopra in view of Grant discloses the method of claim 2, and Chopra as modified by Grant further discloses wherein each oscillation comprises a combination of multiple acoustical frequencies that are emitted together for a pre-determined amount of time wherein the program comprises at least two oscillations played sequentially, each oscillation comprising a different predetermined combination of multiple acoustical frequencies optimized for a target condition of the user, and wherein the set of said sequential oscillations defines a preprogrammed therapy regimen (Grant Paragraph 0068 discloses the housing is a multiple frequency generation device capable of delivering a frequency blend range in a pre-timed, selectable frequency manner; Examiner notes providing a multi-blend of frequencies would involve at least two oscillations; Paragraph 0012 discloses the pre-timed/programmed variable frequency range is used to treat dysfunction and pain).
Regarding claim 6, Chopra in view of Grant discloses the method of claim 2, and Chopra in view of Grant further discloses wherein the two or more oscillations are arranged in a predetermined sequential order within the program corresponding to a multi-step therapy regimen configured to target specific conditions (Grant Paragraph 0068 discloses the housing is a multiple frequency generation device capable of delivering a frequency blend range in a pre-timed, selectable frequency manner.; Examiner notes providing a multi-blend of frequencies would involve at least two oscillations; Paragraph 0012 discloses the pre-timed/programmed variable frequency range is used to treat dysfunction and pain).
Regarding claim 8, Chopra in view of Grant discloses the method of claim 1, and Chopra as modified by Grant further discloses wherein the user is treated for one or more of the following conditions: pain (Grant Paragraph 0012 discloses the pre-timed/programmed variable frequency range is used to treat dysfunction and pain), inflammation, acne, allergies, ankylosing spondylitis, asthma, bursitis, neuropathy, carpel tunnel syndrome, colitis, constipation, infection, diarrhea, dizziness, Meniere's disease, tinnitus, fibromyalgia, kidney calculi, cholecystitis, headaches, migraines, hemorrhoids, hernias, irritable bowel syndromes, laryngitis, lumbago, cramps, numbness, tremors, peripheral nervous system disease, pulmonary fibrosis, Raynaud's disease, sinusitis, Tourette's syndrome, trigeminal neuralgia, urinary tract infections, bladder disease or disorders, varicose veins and venous insufficiency, breast diseases, alopecia, amenorrhea, cysts, mastitis, adenoma, dysmenorrhea, endometriosis, respiratory disease or infection, or a stress-induced mental disorder, or psychological disorder.
Regarding claim 9, Chopra in view of Grant discloses the method of claim 1, and Chopra further discloses wherein the emitting of the oscillation near in air toward an outer skin surface through the emitter opening stimulates a vibrational energy to the outer skin surface and area beneath the outer skin surface solely by transmission of airborne sound waves and not by mechanical conduction (Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin; Paragraph 0024 discloses the transducer emits acoustic energy which causes vibration when it reaches the user’s skin).
Regarding claim 10, Chopra in view of Grant discloses the method of claim 1, and Chopra discloses wherein the device is configured to be worn on the user’s head (See Figs. 1 & 2). Chopra does not disclose wherein the wearable device is configured to be worn around a wrist, ankle, neck, or waist of the user. However, Grant teaches an acoustical stimulation device which may be worn around the neck (Fig. 8 shows device 720 around the neck).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the transducer and housing of Chopra to be worn around the neck, as taught by Grant, in order to provide stimulation to the user’s central nervous system and physical body function via nerve pathways (Paragraph 0015).
Regarding claim 11, Chopra discloses a device comprising an oscillator and an emitter opening that is worn by or attached to a user such that the device is in direct contact with or adjacent to the outer skin surface of the user, but the oscillator is not in direct contact with the user's outer skin surface (Paragraphs 0001-0002 discloses a method and device for delivering acoustic energy for tissue treatment; Fig. 1 & 2 device 100, driver 106, transducer 210; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user; Fig. 2 shows that if the transducer had a bowl shape, the emitter opening would be where the wall of channel 220 meets the transducer 210) wherein the device oscillator emits at least one oscillation (Paragraph 0024 discloses the driver is an electrical oscillator which provides the drive signals to the transducer at different frequencies) towards the user's outer skin surface through the emitter opening exclusively via airborne acoustic energy and not by mechanical vibration or contact conduction such that at least one cell within the outer skin surface of the user receives the oscillation (Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin resulting in mechanotransudction; Paragraph 0024 discloses the transducer emits acoustic energy).
Chopra also discloses the transducer may be made of multiple transducers (Paragraph 0020 discloses the transducer 210 may be a one-piece piezoceramic part, or alternatively, be composed of a mosaic arrangement of a plurality of small piezoceramic elements.). Chopra does not disclose wherein the oscillations comprise a combination of multiple acoustic frequencies. However, Grant teaches an acoustical stimulation device which sends a combination of multiple acoustic frequencies to a user (Figs. 8-9 base unit housing 740, wearable unit 720; Paragraph 0068 discloses the housing is a multiple frequency generation device capable of delivering a frequency blend range in a pre-timed, selectable frequency manner.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the modify the driver and transducer of Chopra to have oscillations that comprise a combination of multiple acoustic frequencies, as taught by Grant, in order to variable harmonic stimulation to the user’s body (Paragraph 0068).
Regarding claim 14, Chopra in view of Grant discloses the device of claim 11, and Chopra discloses wherein the device is configured to be worn on the user’s head (See Figs. 1 & 2). Chopra does not disclose wherein the wearable device is configured to be worn around a wrist, ankle, neck, or waist of the user. However, Grant teaches an acoustical stimulation device which may be worn around the neck (Fig. 8 shows device 720 around the neck).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the transducer and housing of Chopra to be worn around the neck, as taught by Grant, in order to provide stimulation to the user’s central nervous system and physical body function via nerve pathways (Paragraph 0015).
Regarding claim 15, Chopra discloses a system for treating a user comprising: a wearable device comprising an air-coupled oscillator and an emitter opening that is in direct contact with or adjacent to a user's skin, but wherein the oscillator is not in direct contact with the user's skin (Fig. 1 & 2 device 100, driver 106, transducer 210; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user; Fig. 2 shows that if the transducer had a bowl shape, the emitter opening would be where the wall of channel 220 meets the transducer 210); and wherein the oscillator is configured to emit a program comprising at least one oscillation emits a program, wherein the program comprises at least one oscillation that is emitted towards the user's skin surface through the emitter opening exclusively via airborne acoustic energy, wherein the oscillator is configured to produce acoustic energy that propagates in air and not by mechanical vibration or contact conduction, such that at least one cell within the user receives the oscillation through mechanotransduction (Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin resulting in mechanotransduction; Paragraph 0024 discloses the transducer emits acoustic energy).
Chopra also discloses the transducer may be made of multiple transducers (Paragraph 0020 discloses the transducer 210 may be a one-piece piezoceramic part, or alternatively, be composed of a mosaic arrangement of a plurality of small piezoceramic elements.). Chopra does not disclose wherein the oscillations comprise a combination of multiple acoustic frequencies and using the device to treat the user for pain, inflammation, acne, allergies, ankylosing spondylitis, asthma, bursitis, neuropathy, carpel tunnel syndrome, colitis, constipation, infection, diarrhea, dizziness, Meniere's disease, tinnitus, fibromyalgia, kidney calculi, cholecystitis, headaches, migraines, hemorrhoids, hernias, irritable bowel syndromes, laryngitis, lumbago, cramps, numbness, tremors, peripheral nervous system disease, pulmonary fibrosis, Raynaud's disease, sinusitis, Tourette's syndrome, trigeminal neuralgia, urinary tract infections, bladder disease or disorders, varicose veins and venous insufficiency, breast diseases, alopecia, amenorrhea, cysts, mastitis, adenoma, dysmenorrhea, endometriosis, respiratory disease or infection, or a stress-induced mental disorder, or psychological disorder. However, Grant teaches an acoustical stimulation device which sends a combination of multiple acoustic frequencies to a user to treat pain (Figs. 8-9 base unit housing 740, wearable unit 720; Paragraph 0068 discloses the housing is a multiple frequency generation device capable of delivering a frequency blend range in a pre-timed, selectable frequency manner.; Paragraph 0012 discloses the pre-timed/programmed variable frequency range is used to treat dysfunction and pain)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the modify the driver and transducer of Chopra to have oscillations that comprise a combination of multiple acoustic frequencies, as taught by Grant, in order to variable harmonic stimulation to the user’s body (Paragraph 0068).
Regarding claim 18, Chopra in view of Grant discloses the system of claim 15, and Chopra further discloses wherein the emitting of the oscillation near an outer skin surface stimulates a vibrational energy to the outer skin surface and area beneath the outer skin surface solely by transmission of airborne sound waves and not by mechanical conduction (Fig. 1 & 2 device 100, driver 106, transducer 210; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user; Fig. 2 shows that if the transducer had a bowl shape, the emitter opening would be where the wall of channel 220 meets the transducer 210; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin resulting in mechanotransduction).
Regarding claim 19, Chopra in view of Grant discloses the system of claim 15, and Chopra discloses wherein the device is configured to be worn on the user’s head (See Figs. 1 & 2). Chopra does not disclose wherein the wearable device is configured to be worn around a wrist, ankle, neck, or waist of the user. However, Grant teaches an acoustical stimulation device which may be worn around the neck (Fig. 8 shows device 720 around the neck).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the transducer and housing of Chopra to be worn around the neck, as taught by Grant, in order to provide stimulation to the user’s central nervous system and physical body function via nerve pathways (Paragraph 0015).
Claims 4-5, 12, 16, 20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chopra in view of Grant as applied to claims 1, 11, and 15 above, and further in view of US20140228721A1 to Ehrenreich et al. (hereinafter “Ehrenreich”).
Regarding claim 4, Chopra in view of Grant discloses the method of claim 3, and Chopra as modified by Grant further discloses wherein the acoustical frequencies at least one acoustical frequency of each combination of multiple acoustical frequencies of each oscillation is within a range of 1 to 20,000 Hz (Chopra Paragraph 0023 discloses the driver produces oscillations at 20,000Hz; Grant Paragraph 0015 discloses the frequency blend may be between 5-165Hz). Chopra does not disclose wherein each oscillation has a duration of at least 30 seconds. However, Ehrenreich teaches a method and device for acoustic stimulation of a user where treatment (each oscillation) lasts from 1 second to 24 hours (Fig. 5B haptic speakers 225; Paragraph 0294 discloses the speaker is an oscillator; Paragraph 0308 discloses therapy may be provided for a time period between 1 second and 24 hours).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chopra to provide oscillations for a duration of at least 30 seconds, as taught by Ehrenreich, in order to provide different lengths of treatment for the patient (Paragraph 0308).
Regarding claim 5, Chopra in view of Grant discloses the method of claim 3, and Chopra does not disclose wherein the acoustical frequencies are emitted for several seconds to several minutes. However, Ehrenreich teaches a method and device for acoustic stimulation of a user where acoustic frequency treatment lasts from 1 second to 24 hours (Fig. 5B haptic speakers 225; Paragraph 0294 discloses the speaker is an oscillator; Paragraph 0308 discloses therapy may be provided for a time period between 1 second and 24 hours).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chopra to provide oscillations for a several seconds to several minutes, as taught by Ehrenreich, in order to provide different lengths of treatment for the patient (Paragraph 0308).
Regarding claim 12, Chopra in view of Grant discloses the device of claim 11, and Chopra as modified by Grant further discloses wherein the acoustical frequencies at least one acoustical frequency of each combination of multiple acoustical frequencies of each oscillation is within a range of 1 to 20,000 Hz as airborne sound waves via said emitter opening (Chopra Paragraph 0023 discloses the driver produces oscillations at 20,000Hz; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin; Grant Paragraph 0015 discloses the frequency blend may be between 5-165Hz). Chopra does not disclose wherein the acoustical frequencies are emitted for several seconds to several minutes. However, Ehrenreich teaches a method and device for acoustic stimulation of a user where acoustic frequency treatment lasts from 1 second to 24 hours (Fig. 5B haptic speakers 225; Paragraph 0294 discloses the speaker is an oscillator; Paragraph 0308 discloses therapy may be provided for a time period between 1 second and 24 hours).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chopra to provide oscillations for a several seconds to several minutes, as taught by Ehrenreich, in order to provide different lengths of treatment for the patient (Paragraph 0308).
Regarding claim 16, Chopra in view of Grant discloses the system of claim 15, and Chopra as modified by Grant further discloses wherein the acoustical frequencies at least one acoustical frequency of each combination of multiple acoustical frequencies of each oscillation is within a range of 1 to 20,000 Hz (Chopra Paragraph 0023 discloses the driver produces oscillations at 20,000Hz; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Grant Paragraph 0015 discloses the frequency blend may be between 5-165Hz). Chopra does not disclose wherein the acoustical frequencies are emitted for several seconds to several minutes. However, Ehrenreich teaches a method and device for acoustic stimulation of a user where acoustic frequency treatment lasts from 1 second to 24 hours (Fig. 5B haptic speakers 225; Paragraph 0294 discloses the speaker is an oscillator; Paragraph 0308 discloses therapy may be provided for a time period between 1 second and 24 hours).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chopra to provide oscillations for a several seconds to several minutes, as taught by Ehrenreich, in order to provide different lengths of treatment for the patient (Paragraph 0308).
Regarding claim 20, Chopra in view of Grant discloses the method of claim 1, and Chopra further discloses wherein the program comprises audible sounds emitted from one or more piezoceramic parts that are spaced apart from and that are not in contact with the user’s skin towards the user’s skin (Paragraph 0020 discloses the transducer may be made of a mosaic of piezoceramic elements; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin resulting in mechanotransduction; Paragraph 0024 discloses the transducer emits acoustic energy; Examiner notes acoustic energy inherently produces audible noise). Chopra does not disclose wherein the audible sounds are emitted from speakers. However, Ehrenreich teaches a method and device for acoustic stimulation of a user where acoustic frequency treatment is provided by speakers (Fig. 5B haptic speakers 225; Paragraph 0294 discloses the speaker is an oscillator; Paragraph 0308 discloses therapy may be provided for a time period between 1 second and 24 hours).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the transducer of Chopra to be speakers, as taught by Ehrenreich, in order to provide an alternative means of acoustic frequency treatment.
Regarding claim 22, Chopra in view of Grant discloses the device of claim 11, and Chopra further discloses wherein the program comprises audible sounds emitted from one or more piezoceramic parts that are spaced apart from and that are not in contact with the user’s skin towards the user’s skin (Paragraph 0020 discloses the transducer may be made of a mosaic of piezoceramic elements; Paragraph 0021 discloses the transducer may be in a concave or bowl shape; Examiner notes that a concave or bowl shape results in the transducer not being in direct contact with the skin surface of the user. The bowl/concave shape would naturally have an air cavity through which the transduced frequencies travel to reach the user’s skin resulting in mechanotransduction; Paragraph 0024 discloses the transducer emits acoustic energy; Examiner notes acoustic energy inherently produces audible noise). Chopra does not disclose wherein the audible sounds are emitted from speakers. However, Ehrenreich teaches a method and device for acoustic stimulation of a user where acoustic frequency treatment is provided by speakers (Fig. 5B haptic speakers 225; Paragraph 0294 discloses the speaker is an oscillator; Paragraph 0308 discloses therapy may be provided for a time period between 1 second and 24 hours).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the transducer of Chopra to be speakers, as taught by Ehrenreich, in order to provide an alternative means of acoustic frequency treatment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20190046794-A1 to Goodall; US-5101810-A to Skille; US-5321763-A to Lee; US-5857985-A to Feng; US-6058932-A to Hughes; US-20070025575-A1 to Oser; US-20110237989-A1 to Vandenbelt; and US-20120203141-A1 to Shantha.
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 TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRANDY LEE can be reached at 571-270-3525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Primary Examiner, Art Unit 3785