DETAILED ACTION
This Office Action is in response to the filing of a Request for Continued Examination (RCE) filed 2/13/2025. As per the amendments therein, claims 1, 12, 14, 17, and 23 have been amended, claims 2 and 24 have been cancelled, and no claims have been added. Thus, claims 1 and 3-23 are pending in the application.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/13/2025 has been entered.
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.
Claims 1, 3, 7-8, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Talish (US Pat. 7,942,835) in view of Dalén (US Pat. 7,491,183) in view of Oser (US Pat. 7,418,108) in view of Crowson, II (US Pat. 7,069,787; hereinafter ‘Crowson’) in view of Kitov (US Pub. 2003/0083599).
Regarding claim 1, Talish discloses a system configured to deliver acoustic vibrations to cells of a user's body (see the system shown in Fig. 1, including therapeutic treatment system 300 and assembly 500 which both have controllable ultrasonic transducers, delivering ultrasonic (and thus acoustic) vibrations to the body of the user), the system comprising: a base assembly (assembly 102 in Fig. 1) comprising a top plate (base 103 in Fig. 1), a bottom portion (the feet located on the bottom corners of base 103 in Fig. 1); a vertically extending assembly tethered to the base assembly (see Fig. 1 handrails 106, support bars 116, and front member 114); and one or more cell exciter pads coupled with the vertically extending assembly and configured to attach to a portion of the user's body to deliver a third portion of the acoustic vibrations (see Fig. 1 where therapeutic treatment system 300 (see also Fig. 3) and assembly 500 (see also Fig. 4) are pads which wrap around the limbs of the user and deliver ultrasonic vibrations to the body), wherein the acoustic vibrations are defined by a selectable treatment mode (see Col. 5 lines 24-35).
Talish lacks a detailed description of a space defined by the top plate and a bottom plate, one or more voice coils positioned in the space, one or more magnets positioned in the space, and one or more springs positioned in the space, wherein the one or more springs is configured to maintain a predefined thrust range between the top plate and the bottom plate, wherein each of the one or more voice coils is aligned with one of the one or more magnets such that the one or more voice coils lies within a magnetic flux of the one or more magnets to thereby produce a first portion of the acoustic vibrations, and wherein the vertically extending assembly comprises at least one speaker configured to produce a second portion of the acoustic vibrations.
However, Dalén teaches a similar standing vibration system, where a space is defined by the top plate and the bottom plate (see Figs. 1-3 where a top plate is rigid platform 17 and a bottom plate is stiff intermediate plate 9/9’, with a space located between them), and one or more springs positioned in the space (compression springs 19 in Fig. 3), wherein the one or more springs is configured to maintain a predefined thrust range between the top plate and the bottom plate (see Fig. 3 where springs 19 connect rigid platform 17 to plate 9’, thus defining some limit to the distance that platform 17 and plate 9’ can be from one another), and wherein the vertically extending assembly comprises at least one speaker configured to produce a second portion of the acoustic vibrations (see loudspeakers 28 in Fig. 2 connected to operating panel 23 of the vertical frame 15), wherein the acoustic vibrations are defined by a selectable treatment mode (see Col. 5 lines 18-54).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base assembly and vertically extending assembly of Talish to have 1) a top and bottom plate with a space and spring in the space, as well as 2) a speaker attached to the vertical component as taught by Dalén, as it would 1) provide a base assembly that provides the motion mechanism within it, while having plates which allow for vibrational motion of the top plate to occur, and 2) providing a speaker for a user to listen to and receive sounds, such as music, to make the use of the device more enjoyable, relaxing, and as an additional therapeutic benefit. It is understood that the human range of hearing is approximately between 20Hz and 20KHz, and that the range of sounds that would be understood as ‘music’ falls more in the range of 1KHz to 10KHz. Thus, the speaker as modified by Dalén produced acoustic between 4Hz and 20KHz.
The modified Talish device lacks a detailed description of one or more voice coils positioned in the space, one or more magnets positioned in the space, wherein each of the one or more voice coils is aligned with one of the one or more magnets such that the one or more voice coils lies within a magnetic flux of the one or more magnets to thereby produce a first portion of the acoustic vibrations defined by frequencies in a range of 4 Hz to 5,000 Hz.
However, Oser teaches a similar device for delivering vibrations to the body, having a transducer that converts sound into vibrations (device of Figs. 1-7), having one or more voice coils (upper and lower coils 36/38 combining to form a single voice coil system in Figs. 3-7), one or more magnets (magnet 56 as seen in Fig. 8), wherein each of the one or more voice coils is aligned with one of the one or more magnets such that the one or more voice coils lies within a magnetic flux of the one or more magnets to thereby produce a first portion of the acoustic vibrations (see Col. 7 lines 35-55 and Figs. 1-7 where the magnet 56 is aligned with the coils 36/38 such that a magnetic flux surrounds the coils, to produce the acoustic vibrations (see Col. 3 line 65 to Col. 4 lines 3)), defined by frequencies in a range of 4 Hz to 5,000 Hz (see Col. 13 lines 56-60). The Oser transducer also includes springs (74/78 in Fig. 9) which can be varied to adjust the response (see Col. 3 lines 58-64).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mechanism by which the vibration on the base of the modified Talish device is actuated to be driven by a coil and magnet combination as taught by Oser, as it would be a simple substitution of one mechanism for producing vibrations of a plate for another to yield the predictable result of still vibrating the plate, with the benefit of creating a modifiable tactile wave that can permeate the body of the use and deliver an enhanced state of relaxation (Oser; see Col. 3 line 65 to Col. 4 line 22). It is understood that in the modified Talish device, the vibrational transducer and its components as taught by Oser is placed in the space between the plates as taught by Dalén as the system for driving the vibrational motion.
The modified Talish device lacks a detailed description of wherein each of the one or more voice coils is positioned on at least one of the top plate or bottom plate and wherein each of the one or more magnets is positioned on at least one of the top plate or bottom plate vertically opposing at least one of the one or more voice coils.
However, Crowson teaches a similar vibrational platform where each of the one or more voice coils is positioned on at least one of the top plate or bottom plate (see Fig. 7 where coils 6 are placed along the top plate 5) and wherein each of the one or more magnets is positioned on at least one of the top plate or bottom plate vertically opposing at least one of the one or more voice coils (see Fig. 7 where magnets 8 are positioned along integrated base plate-bottom pole 9 which is a bottom surface, and where the magnets 8 are in vertical alignment on the opposing plate with respect to coils 6 as shown in Fig. 7).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the coils and magnets along the plates of the modified Talish device to be on opposing top and bottom plates respectively, and vertically aligned and opposed as taught by Crowson, as it would provide an arrangement that allows for uniform activation of the coil sections for consistent vibrational motion (Crowson; see Col. 6 line 44 to Col. 7 line 10).
The modified Talish device lacks a detailed description of the one or more cell exciter pads operating at a frequency in the range of 4 Hz to 20,000 Hz.
However, Kitov teaches a similar acoustic band for attaching to a patient, which is operated at a range of 250-350 Hz (see [0008]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operating frequency of the cell exciter pads of the modified Talish device to operate between 250 and 350 Hz as taught by Kitov, as it would provide muscle stimulation and relaxation to the applied areas, as a different form of therapeutic benefit from acoustic waves (Kitov; see [0014]).
Regarding claim 3, the modified Talish device has the acoustic vibrations have acoustic frequencies.
The modified Talish device lacks a detailed description of has wherein the acoustic vibrations comprise multi-tonal acoustic frequencies.
However, Oser further teaches that the springs can be shaped to create a plurality of tones, and thus is multi-tonal (see Col. 13 lines 30-40).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the springs of the modified Talish device to be shaped to be multi-tonal as taught by Oser, as it would allow for harmonic tones to be created that can work together for additional vibrational responses (Oser; see Col. 12 lines 65-67 and Col. 19 lines 12-21).
Regarding claim 7, the modified Talish device has one or more magnets coupled with the top plate (where the modified Talish device places the transducers as taught by Oser in-between the plates as taught by Dalén and aligned as taught by Crowson, such that the transducers are coupled to the plates and thus the components of the transducers, including the magnets, are coupled to the top plate), and the one or more voice coils coupled with the bottom plate (where the modified Talish device places the transducers as taught by Oser in-between the plates as taught by Dalén and aligned as taught by Crowson, such that the transducers are coupled to the plates and thus the components of the transducers, including the voice coils, are coupled to the bottom plate).
The modified Talish device lacks a detailed description of wherein the one or more magnets comprise only two magnets, and wherein the one or more voice coils comprise only two voice coils.
However, Oser further teaches where any desired number of transducer assemblies can be used, such as two, in order to provide the desired vibration (see Col. 16 line 46 to Col. 17 line 4, where Oser contemplates the use of multiple transducers in tandem as needed), where it is understood that each transducer has a voice coil and a magnet.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the number of applied transducers of the modified Talish device to be two transducers as taught by Oser, as it would be a simple matter of design choice for one of ordinary skill in the art to choose a number of transducers for producing the desired vibration, such as two transducers.
Regarding claim 8, the modified Talish device has wherein the one or more springs comprise two or more springs each having a different diameter and a different length to thereby provide a variable thrust based on the user's weight (Oser; see Col. 10 lines 19-32 and Col. 16 lines 3-22 where the springs can have different geometries from one another, including different lengths and diameters to change the effect of the springs).
Regarding claim 23, Talish discloses a method of delivering acoustic vibrations into a body of a user (see the system shown in Fig. 1, including therapeutic treatment system 300 and assembly 500 which both have controllable ultrasonic transducers, delivering ultrasonic (and thus acoustic) vibrations to the body of the user), the method comprising: providing an acoustic generation system (the system as shown in Fig. 1 being provided), comprising: a base assembly (assembly 102 in Fig. 1) comprising a top plate (base 103 in Fig. 1), a bottom plate (the feet located on the bottom corners of base 103 in Fig. 1); a vertically extending assembly tethered to the base assembly (see Fig. 1 handrails 106, support bars 116, and front member 114); and one or more cell exciter pads coupled with the vertically extending assembly and configured to attach to a portion of the user's body to deliver a third portion of the acoustic vibrations (see Fig. 1 where therapeutic treatment system 300 (see also Fig. 3) and assembly 500 (see also Fig. 4) are pads which wrap around the limbs of the user and deliver ultrasonic vibrations to the body); instructing the user to stand on the base assembly (see Fig. 1 where a person is standing on assembly 102); selecting a treatment mode from among a plurality of treatment modes using an interface in data communication with the acoustic generation system (see Fig. 1 where controller 112 and member 114, which can contain control switches to alter the delivered ultrasonic treatment; see Col. 6 lines 32-49), wherein the acoustic vibrations are defined by a selectable treatment mode (see Col. 5 lines 24-35); generating one or more of the acoustic vibrations based on the selected treatment mode (see Col. 6 lines 32-49 where the ultrasonic vibration is applied based on the controller and what settings are applied); and applying the one or more of the acoustic vibrations to the user's body via the one or more cell exciter pads attached to a portion of the user's body (see Fig. 1, where therapeutic treatment system 300 and assembly 500 have controllable ultrasonic transducers, delivering ultrasonic (and thus acoustic) vibrations to the body of the user, being attached to limbs of the user’s body and thus delivering acoustic vibrations to the body).
Talish lacks a detailed description of a space defined by the top plate and the bottom plate, one or more voice coils positioned in the space, one or more magnets positioned in the space, and one or more springs positioned in the space, wherein the one or more springs is configured to maintain a predefined thrust range between the top plate and the bottom plate, wherein each of the one or more voice coils is aligned with one of the one or more magnets such that the one or more voice coils lies within a magnetic flux of the one or more magnets to thereby produce a first portion of the acoustic vibrations, and wherein the vertically extending assembly comprises at least one speaker configured to produce a second portion of the acoustic vibrations.
However, Dalén teaches a similar standing vibration system, where a space is defined by the top plate and the bottom plate (see Figs. 1-3 where a top plate is rigid platform 17 and a bottom plate is stiff intermediate plate 9/9’, with a space located between them), and one or more springs positioned in the space (compression springs 19 in Fig. 3), wherein the one or more springs is configured to maintain a predefined thrust range between the top plate and the bottom plate (see Fig. 3 where springs 19 connect rigid platform 17 to plate 9’, thus defining some limit to the distance that platform 17 and plate 9’ can be from one another), and wherein the vertically extending assembly comprises at least one speaker configured to produce a second portion of the acoustic vibrations (see loudspeakers 28 in Fig. 2 connected to operating panel 23 of the vertical frame 15) wherein the acoustic vibrations are defined by a selectable treatment mode (see Col. 5 lines 18-54).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base assembly and vertically extending assembly of Talish to have 1) a top and bottom plate with a space and spring in the space, as well as 2) a speaker attached to the vertical component as taught by Dalén, as it would 1) provide a base assembly that provides the motion mechanism within it, while having plates which allow for vibrational motion of the top plate to occur, and 2) providing a speaker for a user to listen to and receive sounds, such as music, to make the use of the device more enjoyable, relaxing, and as an additional therapeutic benefit. It is understood that the human range of hearing is approximately between 20Hz and 20KHz, and that the range of sounds that would be understood as ‘music’ falls more in the range of 1KHz to 10KHz. Thus, the speaker as modified by Dalén produced acoustic between 4Hz and 20KHz.
The modified Talish device lacks a detailed description of one or more voice coils positioned in the space, one or more magnets positioned in the space, wherein each of the one or more voice coils is aligned with one of the one or more magnets such that the one or more voice coils lies within a magnetic flux of the one or more magnets to thereby produce a first portion of the acoustic vibrations defined by frequencies in a range of 4 Hz to 5,000 Hz.
However, Oser teaches a similar device for delivering vibrations to the body, having a transducer that converts sound into vibrations (device of Figs. 1-7), having one or more voice coils (upper and lower coils 36/38 combining to form a single voice coil system in Figs. 3-7), one or more magnets (magnet 56 as seen in Fig. 8), wherein each of the one or more voice coils is aligned with one of the one or more magnets such that the one or more voice coils lies within a magnetic flux of the one or more magnets to thereby produce a first portion of the acoustic vibrations (see Col. 7 lines 35-55 and Figs. 1-7 where the magnet 56 is aligned with the coils 36/38 such that a magnetic flux surrounds the coils, to produce the acoustic vibrations (see Col. 3 line 65 to Col. 4 lines 3)) defined by frequencies in a range of 4 Hz to 5,000 Hz (see Col. 13 lines 56-60). The Oser transducer also includes springs (74/78 in Fig. 9) which can be varied to adjust the response (see Col. 3 lines 58-64).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mechanism by which the vibration on the base of the modified Talish device is actuated to be driven by a coil and magnet combination as taught by Oser, as it would be a simple substitution of one mechanism for producing vibrations of a plate for another to yield the predictable result of still vibrating the plate, with the benefit of creating a modifiable tactile wave that can permeate the body of the use and deliver an enhanced state of relaxation (Oser; see Col. 3 line 65 to Col. 4 line 22). It is understood that in the modified Talish device, the vibrational transducer and its components as taught by Oser is placed in the space between the plates as taught by Dalén as the system for driving the vibrational motion.
The modified Talish device lacks a detailed description of wherein each of the one or more voice coils is positioned on at least one of the top plate or bottom plate and wherein each of the one or more magnets is positioned on at least one of the top plate or bottom plate vertically opposing at least one of the one or more voice coils.
However, Crowson teaches a similar vibrational platform where each of the one or more voice coils is positioned on at least one of the top plate or bottom plate (see Fig. 7 where coils 6 are placed along the top plate 5) and wherein each of the one or more magnets is positioned on at least one of the top plate or bottom plate vertically opposing at least one of the one or more voice coils (see Fig. 7 where magnets 8 are positioned along integrated base plate-bottom pole 9 which is a bottom surface, and where the magnets 8 are in vertical alignment on the opposing plate with respect to coils 6 as shown in Fig. 7).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the coils and magnets along the plates of the modified Talish device to be on opposing top and bottom plates respectively, and vertically aligned and opposed as taught by Crowson, as it would provide an arrangement that allows for uniform activation of the coil sections for consistent vibrational motion (Crowson; see Col. 6 line 44 to Col. 7 line 10).
The modified Talish device lacks a detailed description of the one or more cell exciter pads operating at a frequency in the range of 4 Hz to 20,000 Hz.
However, Kitov teaches a similar acoustic band for attaching to a patient, which is operated at a range of 250-350 Hz (see [0008]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operating frequency of the cell exciter pads of the modified Talish device to operate between 250 and 350 Hz as taught by Kitov, as it would provide muscle stimulation and relaxation to the applied areas, as a different form of therapeutic benefit from acoustic waves (Kitov; see [0014]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Shin (US Pat. 8,801,576).
Regarding claim 4, the modified Talish device has the top plate and the bottom plate adapted to receive a user standing thereon.
The modified Talish device lacks a detailed description of a casing enclosing the top plate the bottom plate, wherein the casing is adapted to receive a user standing thereon.
However, Shin teaches a similar vibrational plate for being stood upon, where the base member is covered within a casing (see Figs. 1-2 where foot plate 110 has an outer casing member which covers it).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base assembly of the modified Talish device to have a casing around it as taught by Shin, as it would provide a protective housing member to prevent unwanted tampering and filth from reaching the vibration actuation mechanism.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Ezenwa (US Pub. 2008/0125679).
Regarding claim 5, the modified Talish device has wherein the top plate is coupled with the bottom plate.
The modified Talish device lacks a detailed description of wherein the top plate is coupled with the bottom plate through a plurality of shafts and bearings.
However, Ezenwa teaches a similar vibrational platform to be stood upon, where a top plate member and a bottom plate member are connected through a plurality of shafts and bearings (see Fig. 3 where top rigid plate 32 and bottom base plate 40 are connected by shafts 36 with sleeves 38 allowing motion between the plates through the shafts, and thus acting as a bearing).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper and lower plates of the modified Talish device to have a plurality of shafts and sleeves connecting them as taught by Ezenwa, as it would be a simple substation of one mechanical member for attaching to plates together for another, to yield the predictable result of attaching the plates while still allowing for movement between them.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Porter et al. (US Pat. 11,146,891).
Regarding claim 6, the modified Talish device has the one or more magnets comprise a first magnet coupled to the top plate (where the modified Talish device places the transducers as taught by Oser in-between the plates as taught by Dalén and aligned as taught by Crowson, such that the transducers are coupled to the plates and thus the components of the transducers, including the magnets, are coupled to the top plate), wherein the one or more voice coils comprise a first voice coil coupled to the bottom plate (where the modified Talish device places the transducers as taught by Oser in-between the plates as taught by Dalén and aligned as taught by Crowson, such that the transducers are coupled to the plates and thus the components of the transducers, including the voice coils, are coupled to the bottom plate).
The modified Talish device lacks a detailed description of wherein the one or more magnets comprise a first magnet, a second magnet, and a third magnet coupled to the top plate, wherein the third magnet is larger than the first magnet and the second magnet, wherein the one or more voice coils comprise a first voice coil, a second voice coil, and a third voice coil coupled to the bottom plate, and wherein the third voice coil is larger than the first voice coil and the second voice coil.
However, Oser further teaches where any desired number of transducer assemblies can be used, such as three, in order to provide the desired vibration (see Col. 16 line 46 to Col. 17 line 4, where Oser contemplates the use of multiple transducers in tandem as needed), where it is understood that each transducer has a voice coil and a magnet.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the number of applied transducers of the modified Talish device to be three transducers as taught by Oser, as it would be a simple matter of design choice for one of ordinary skill in the art to choose a number of transducers for producing the desired vibration, such as three transducers.
The modified Talish device lacks a detailed description of wherein the third magnet is larger than the first magnet and the second magnet, and wherein the third voice coil is larger than the first voice coil and the second voice coil.
However, Porter teaches a similar audio signal producing device, where a plurality of magnets are applied to a plurality of coils, where the magnets can be different size to have different magnetic force over the coils (see Col. 3 lines 12-24).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of magnets of the modified Talish device to be different sizes as taught by Porter, as it would allow for control over the magnetic force applied to each voice coil, to better adjust and control the outputted audio signal. It is noted that the transducer of the modified Talish device, as taught by Oser, includes voice coils which are sized and shaped to adjust to the size of the magnets applied to them (Oser; see Col. 8 lines 7-13). Thus, in the modified Talish device in light of Porter, there are a plurality of magnets (three) which are different sizes, such that one of the plurality of magnets is largest. As taught by Oser, the size of the voice coils corresponds to the size of the magnet applied, meaning the voice coil aligned with the largest magnet is the largest voice coil. Hence, there are three magnets and three voice coils, where one of the magnets and its corresponding voice coil are larger than the rest.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Oser et al. (US Pat. 8,077,884; hereinafter referred to as Oser ‘884).
Regarding claim 9, the modified Talish device has the top plate and the bottom plate.
The modified Talish device lacks a detailed description of the top plate and the bottom plate comprise steel and have a thickness of 3/16 inches.
However, Oser ‘884 teaches a similar device for vibrating a plate, where a plate can be made of steel and have a thickness of .230 inches (see Fig. 17 plate 1714, and Col. 12 lines 5-15).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material and thickness of the plates of the modified Talish device to be steel and .230 inches thick as taught by Oser ‘884, as it would merely provide a known metal material for the plates to remain rigid, at a known thickness to convey the vibrations. Further, one of ordinary skill in the art would recognize that it is a mere matter of design choice to choose the thickness of the plate, and that the specific thickness appears to lack criticality. Thus, one of ordinary skill in the art would readily understand that a thickness of .230 inches is substantially similar to a thickness of .375 inches and can be readily interchanged with one another with no effect on the functionality of the device.
Regarding claim 10, the modified Talish device has the top plate and bottom plate.
The modified Talish device lacks a detailed description of wherein the top plate and bottom plate are each made of at least one of stainless steel, aluminum, bronze, brass, titanium, or tin.
However, Oser ‘884 teaches a similar device for vibrating a plate, where a plate can be made of steel (see Fig. 17 plate 1714, and Col. 12 lines 5-15).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the plates of the modified Talish device to be steel as taught by Oser ‘884, as it would merely provide a known metal material for the plates to remain rigid.
Regarding claim 11, the modified Talish device has wherein each of the top plate and the bottom plate comprise a rim extending all along edges of the top plate and the bottom plate (Dalén; see Figs. 1-2 where rigid platform 17 and plate 9 have edges along their four sides, comprises a rim about the 90 degree angle between the flat surfaces and vertical surfaces).
The modified Talish device lacks a detailed description of wherein each of the top plate and the bottom plate have a thickness ranging from 3/16 to 1/8 inches.
However, However, Oser ‘884 teaches a similar device for vibrating a plate, where a plate can have a thickness of .230 inches (see Fig. 17 plate 1714, and Col. 12 lines 5-15).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of the plates of the modified Talish device to be .230 inches thick as taught by Oser ‘884, as it would merely provide a known thickness to convey the vibrations. Further, one of ordinary skill in the art would recognize that it is a mere matter of design choice to choose the thickness of the plate, and that the specific thickness appears to lack criticality. Thus, one of ordinary skill in the art would readily understand that a thickness of .230 inches is substantially similar to a thickness of .1875 inches and can be readily interchanged with one another with no effect on the functionality of the device.
Claims 12 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Kotliar (US Pat. 5,799,652).
Regarding claim 12, the modified Talish device has the vertically extending assembly and the second portion of the acoustic vibrations produced by the vertically extending assembly.
The modified Talish device lacks a detailed description of the vertically extending assembly further comprises a casing enclosing said vertically extending assembly, wherein an outer surface of the casing comprises a reflective material adapted to reflect the second portion of the acoustic vibrations produced by the vertically extending assembly back to the user.
However, Kotliar teaches a similar device where equipment used by a user in placed within a glass room (see Fig. 8 where training room 41 is made of glass; see Col. 3 lines 5-10. It is understood that sounds reflects at least some amount off of every physical material, and thus the walls of room 41 would reflect some amount of acoustic waves back at a 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 modify the system of the modified Talish device to be placed within a glass room as taught by Kotliar, as it would provide an isolated environment where conditions such as pressure and air concentrations can be controlled for therapeutic effect/ training (Kotliar; see Col. 3 lines 48-63).
Regarding claim 18, the modified Talish device has the base assembly and the vertically extending assembly.
The modified Talish device lacks a detailed description of a sound pod enclosing the base assembly and the vertically extending assembly, wherein the sound pod comprises a roof, enclosing walls and a door adapted to allow the user to enter the sound pod, wherein at least the walls and door comprise a transparent, non-resonating material.
However, Kotliar teaches a similar device where equipment used by a user in placed within a glass room with walls, a roof, and doors (see Fig. 8 where training room 41 is made of glass; see Col. 3 lines 5-10. It is understood from Applicant’s specification that glass is considered a non-resonating material).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of the modified Talish device to be placed within a glass room as taught by Kotliar, as it would provide an isolated environment where conditions such as pressure and air concentrations can be controlled for therapeutic effect/ training (Kotliar; see Col. 3 lines 48-63), while also preventing sound waves from disrupting nearby people.
Regarding claim 19, the modified Talish device has wherein the roof comprises a non-resonating material (Kotliar see Fig. 8 where training room 41 is made of glass; see Col. 3 lines 5-10, where it is understood from Applicant’s specification that glass is considered a non-resonating material).
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Cook (US Pat. 7,530,960).
Regarding claim 13, the modified Talish device has the vertically extending assembly is tethered to the base assembly.
The modified Talish device lacks a detailed description of wherein the vertically extending assembly is tethered to the base assembly by one or more dampening feet extending on a first side below the base assembly and on a second side being coupled with the vertically extending assembly.
However, Cook teaches a similar device for applying standing vibrations to a user (device of Fig. 1), where a vertical assembly is tethered to a base assembly (see Figs. 1-2 where upright support 16 couples to vibration platform 38 by U shaped frame 14 and frame 18, which includes resilient supports 34) by one or more dampening feet extending on a first side below the base assembly (see Figs. 1-2 frame 18 being a dampening foot as it includes resilient supports 34) and on a second side being coupled with the vertically extending assembly (see Figs. 1-2 where frame 18 connects to U shaped frame 14 which is part of the upright support 16).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection between the vertical assembly and base of the modified Talish device to include a frame under the base which has feet and connects to the vertical assembly as taught by Cook, as it would provide a non-direct connection between the vertical assembly and the base so that vibrations from the base are dampened when travelling up the vertical assembly, preventing unwanted vibrations and better protecting the vertical assembly and other components from vibrational damage.
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov as applied to claim 1 above, and further in view of Cohen (US Pat. 7,918,308).
Regarding claim 14, the modified Talish device has a computing device (Talish; controller 112 in Fig. 1) coupled with the at least one speaker and the one or more cell exciter pads (Talish; see Fig. 1 controller 112 and Col. 5 lines 24-35 where the controller provides the parameters to control the applied vibrations, and in the modified Talish device the applied acoustic vibrations are the cell exciter pads and the speaker) adapted to enable the user to select a treatment mode from among a plurality of treatment modes (Talish; see Col. 5 lines 24-35 where choosing an operational parameter is choosing a treatment mode), and wherein the computing device is configured to generate the acoustic vibrations based upon said selection (Talish; see Col. 5 lines 24-35 where the chosen parameter by the controller generates the acoustic vibrations of the modified Talish device).
The modified Talish device lacks a detailed description of a computing device comprising an audio chip coupled with an amplifier, and wherein the computing device is configured to cause the audio chip to generate the acoustic vibrations based upon a selection.
However, Cohen teaches a similar vibrational device, where a computing device comprising an audio chip coupled with an amplifier (see Col. 10 lines 14-25 where an amplifier and outputted audio from an electronic device (inherently having an audio chip) is used to control the volume of the audio in a speaker), and wherein the computing device is configured to cause the audio chip to generate the acoustic vibrations based upon a selection (see Col. 10 lines 14-25 and Col. 11 lines 59-65 where the speaker which uses the amplifier and audio chip control operates at a wide range of frequencies, being able to operate on and create acoustic waves).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system of the modified Talish device to include an audio chip and an amplifier as taught by Cohen, as it would provide known circuitry to better control and adjust the volume of the outputted audio through the speakers.
Regarding claim 15, the modified Talish device has wherein the vertically extending assembly further comprises a user interface enabling the user to make the selection (Talish; see Fig. 1 controller 112 and front member 114 having switches and displays as seen in Col. 6 lines 32-49).
Regarding claim 16, the modified Talish device has wherein the plurality of treatment modes comprises a pain management mode (Talish; where the device is used for healing osteoporosis damage).
Regarding claim 17, the modified Talish device has wherein the plurality of treatment modes comprises at least seven hundred predefined combinations of the acoustic vibrations (Oser; see Col. 13 lines 56-60 where the operational range of frequency is 20 Hz to 2 KHz, giving a range of approximately 20,000 different acoustic vibrations based on the chosen frequency determined by the transducer structure).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view Crowson in view of Kitov in view of Kotliar as applied to claim 18 above, and further in view of O’Polka (US Pat. 9,084,047).
Regarding claim 20, the modified Talish device has the walls and door.
The modified Talish device lacks a detailed description of the walls and door comprise double-walled polycarbonate panels supported by aluminum frames.
However, O’Polka teaches a similar room for containing sound, where the walls of the room comprise double-walled polycarbonate panels (see Col. 53 lines 1-15 and Col. 107 lines 10-20 where multi-layer polycarbonate is usable) supported by aluminum frames (see Col. 68 lines 4-20 where supporting rod members can be made of aluminum).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the room of the modified Talish device to have polycarbonate walls with aluminum framing as taught by O’Polka, as it would provide a wall that is flexible and sound controlling, but also recyclable, transparent, and lightweight (O’Polka; see Col. 53 lines 1-45), while also having a rigid metal frame to ensure the shape.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov in view of Kotliar as applied to claim 18 above, and further in view of Baker (US Pub. 2007/0077200).
Regarding claim 21, the modified Talish device has an oxygen source, wherein the sound pod comprises an inlet adapted to receive oxygen from the oxygen source (Kotliar; see openings 44 in Fig. 8 which provide oxygen from the external environment into the pod room).
The modified Talish device lacks a detailed description of a nasal cannula adapted to direct the oxygen to the user.
However, Baker teaches a similar device for controlling airflow to a user, where a desired gas concentration is delivered to a user via a nasal cannula (see [0025]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air providing means of the modified Talish device to use a nasal cannula as taught by Baker, as it would ensure that the desired concentrations of air for therapeutic and diagnostic purposes reach the user without being negatively altered by the environment.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Talish in view of Dalén in view of Oser in view of Crowson in view of Kitov in view of Kotliar as applied to claim 18 above, and further in view of Calabria (US Pub. 2020/0130559).
Regarding claim 22, the modified Talish device has wherein the sound pod further comprises a fan (Kotliar; see Col. 5 lines 64-67) and a plurality of air vents (Kotliar; ventilating openings 44 in Fig. 4), wherein the plurality of air vents are positioned in a base of at least one of the walls (Kotliar; see Figs. 4 and 8 where openings 44 are in the bottom of the wall).
The modified Talish device lacks a detailed description of wherein the fan is positioned on or in the roof.
However, Calabria teaches a similar room for using a device on the body, where a fan is installed in the roof of the room (see [0035]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the fan of the modified Talish device to be in the roof as taught by Calabria as it would be a simple substitution of one fan location for another, to yield the predictable and well-known result of providing fan circulation from the ceiling.
Response to Arguments
Applicant’s arguments with respect to claims 1-24 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record. Specifically, the amended claim language of claims 1 and 23 is taught by the newly applied Kitov teaching reference.
Applicant argues on pages 6-8 that the claimed invention is novel in its combination of three different portions that each use an acoustic wave in to 4 Hz to 20,000 Hz range. However, as seen in the above rejection, the different acoustic elements of the claimed invention are within this range. The music of Dalén is understood to operate within the hearing range of humans, largely 1KHz to 10KHz. The vibrating platform as modified by Oser likewise operates within this range. And the cell exciter pads of Talish, as modified by the newly applied Kitov reference, also operate within this acoustic frequency range.
Applicant further argues on pages 8-12 of the remarks that the voice coil of Oser cannot be further modified in light of Crowson, as they are structurally very different styles of transducers, with different operating principles, and for entirely different applications. The argument is not well-taken. As seen in the above rejection, Crowson is only relied upon to teach a uniform arrangement of the coil sections to provide a consistent vibration pattern. The structure and operating principles of Crowson are not being added to or somehow modifying the transducer of Oser. Rather, the modification merely is altering the positioning of the transducers of Oser along the modified plates of Talish, for the recited benefit of uniform controlled vibrations on the plates.
Thus, for the reasons above, the rejections hold.
Conclusion
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/COLIN W STUART/Primary Examiner, Art Unit 3785