DETAILED ACTION
Claims 17-20 remain withdrawn. Claim 1 is amended. A complete action on the merits of pending claims 1-16 appears below.
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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment
Acknowledgment is made to applicant’s amendments filed on 05/20/2026 which are entered. With regards to the claim objection documented in the Non-Final Office Action sent on 02/24/2026, it is overcome through Applicant’s amendment and is withdrawn.
Claim Rejections - 35 USC § 103
Claim(s) 1-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 105832530 A (See attached translation)), in view of Stafford (US PGPUB No. 20110319733 A1).
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Regarding claim 1, Wang teaches, a method for operating a health-care device (Figure 1; Paragraph [0029]), wherein the health-care device (Figure 1) includes a device body (Figures 2-3, lower housing portion (22); Paragraph [0025], line 155), a work piece (Figures 2-3, massage head (4); Paragraph [0023], line 145-146), a work body (Figures 2-3, upper housing portion (21); Paragraph [0025], line 155) having an upper part (Figures 2-3, upper wall (211); Paragraph [0025], line 156) and a lower part (See annotated Figure 3 above, (Lower part)), a bottom connector (Figures 2-3, annular flange (224); Paragraph [0025], line 180-182) and a device positioning piece (Figure 1, bracelet strap (1); Paragraph [0023], line 145-146) having an aligning opening (Given Figures 1-2 and the disclosure of paragraph [0024], which states, the strap (1) is the same as or similar to a watch strap and further paragraph [0025], which states, “In order to combine the wristband strap (1) with the wristband housing (2)…one end of the wristband strap (1) passes through the upper side strap penetration hole (2120) and the lower side strap penetration hole (2220) from the outside of the wristband housing (2) in sequence, and then passes through the upper penetration hole (2110) to the outside of the wristband housing (2), and finally, the end of the wristband strap (1) is combined with the wristband strap (1) itself to form a buckle structure.” Thus, the strap couples to the housing by being threaded through a series of perforations/holes in the housing wall, then looping back and fastening to itself to form a buckle structure, this, given the structure and orientation of the strap as seen in Figure 1 creates a space (opening) between the buckled portions of the strap with the housing captured/situated inside that opening/space and allowing for aligning given its coupling to the strap), the work piece (massage head (4)) has an operating end (See annotated Figure 2 below, (Operating end)) and an opposite working end (See annotated Figure 2 below, (Opposite working end)), the working end has a tip (See annotated Figure 2 below, (Tip)), the work body (upper housing portion (21)) mounts the operating end (Operating end) on the lower part (Lower part) and is connected to the device body (lower housing portion (22)) (Figure 3; Paragraphs [0025]-[0028]), and the bottom connector (annular flange (224)) has a central opening (Figure 3, lower through hole (223); Paragraph [0025], line 180-182), comprising:
coaxially aligning the central opening (lower through hole (223)) to a specific part or an acupoint of a body part of a user (Paragraph [0029]; user adjusts wearing positions so that massage head (4) falls within/aligns with a certain acupuncture point or region);
causing the device positioning piece (bracelet strap (1)) to be attached to the body part for maintaining an alignment between the central opening (lower through hole (223)) and the specific part or the acupoint (Paragraphs [0024] & [0029]; strap worn on hand/other body region, position adjusted to align head with acupoint);
causing the device body (lower housing portion (22)) to be attached to the bottom connector (annular flange (224)) (As seen in Figures 2-3 and as disclosed in Paragraph [0025] the lower housing portion (22) and annular flange (224) are integrally formed with each other as such they are indeed attached together); and
operating the operating end (Operating end) or the work body (upper housing portion (21)) to cause the working end (Opposite working end) to engage in a health-care work towards the specific part or the acupoint, to maintain by the user through operating the operating end (Operating end) or the work body (upper housing portion (21)) a specific working relationship between the working end (Opposite working end) or the tip (Tip) and the specific part or the acupoint, and to maintain a specific positional relationship between the working end (Opposite working end) or the tip (Tip) and the specific part or the acupoint (Paragraphs [0016] and [0029]).
Wang does not explicitly teach, performing the alignment step on a condition that the specific part or acupoint is visible from/through the central opening during alignment; nor the specific sequence of attaching the device positioning piece to the body part before attaching the device body to the bottom connector (Wang implies integral assembly with strap threading during manufacturing/user wear (Paragraphs [0025] & [0029])).
Stafford discloses a wearable health device method (Paragraphs [0006]; further, paragraph [0031], discloses in part, “It is understood that the subject disclosure is applicable to any medical device in which at least a portion of the device is intended to be maintained in place on a patient for a predetermined period of time.”). Stafford teaches, aligning an open central aperture (Figure 1A, aperture (18); Paragraph [0042]) “therethrough” the mounting unit/support body (14) to a specific body site “on a condition that the specific part… is visible from the central opening” – this visibility is inherent and necessarily present during the alignment/placement step because the aperture is explicitly provided “for guiding sensor insertion” into the skin (Paragraph [0042]), which requires the user to see the target insertion site through the open through-aperture to achieve accurate coaxial alignment and guiding before or during placement of the mounting unit on the skin (Paragraphs [0040]-[0045]). The adhesive member (12) is provided on the bottom surface of the support body, but the aperture remains an unobstructed through-opening in the aperture region (standard in skin-mounted analyte sensor bases to allow sensor passage and visual confirmation of site during placement). Stafford further teaches, the sequence of attaching the positioning piece/base (mounting unit (10) with adhesive (12) affixed to skin first) for maintaining alignment, then attaching the device body (medical device (30)) to the base/connector (Figures 1A, 3A, & 4; Paragraphs [0040]-[0045]), followed by operation.
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the method of Wang by incorporating the teachings of Stafford to: perform the coaxial alignment step through an open central aperture on a condition that the acupoint is visible from/through the opening during alignment (as inherently taught by Stafford for guiding precise placement/insertion at a specific body site); and attach the device positioning piece (strap/base) to the body part first to maintain alignment, then attach the device body to the bottom connector, as both references and the claimed invention are directed to wearable health devices that are intended to be maintained in place on a patient for a predetermined period of time. 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 method of Wang by incorporating the teachings of Stafford to: perform the coaxial alignment step through an open central aperture on a condition that the acupoint is visible from/through the opening during alignment (as inherently taught by Stafford for guiding precise placement/insertion at a specific body site); and attach the device positioning piece (strap/base) to the body part first to maintain alignment, then attach the device body to the bottom connector, as such a modification would have been predictable, namely, because Stafford expressly teaches that this sequence and open-aperture visibility during placement provides the predictable advantages of improved ease of use (even in areas not in direct line of sight), repeatable accurate alignment of the device on the body during operation (Paragraphs [0011], [0042], and [0073] of Stafford). The modification represents a predictable use of known techniques (open through-aperture for visual guiding/alignment and base-first attachment for stability) to improve a similar device (Wang’s acupoint-aligned wearable massager) in the same way (more precise, user-friendly placement over a specific body point), with a reasonable expectation of success (KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); MPEP §§ 2141, 2143(I)(A), 2144.04).
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Regarding claim 2, Wang further teaches, wherein the bottom connector (annular flange (224)) is a bottom fastener (Paragraph [0028], line 212-213, disclose, “The inner circumferential surface of the annular flange (224) has one or more guide protrusions (2240) and the guide protrusions (2240) extend in the up-down direction.” Which allow for the coupling with guide groove (40) of massage head (4), thus allowing for its up/down motion).
Regarding claim 3, Wang further teaches, further comprising a step of causing the bottom fastener (annular flange (224)) to be combined to the device positioning piece (bracelet strap (1)) (As seen in Figures 2-3 and as disclosed in Paragraph [0025], annular flange (224) is part of lower housing portion (22) which is combined to bracelet (1) as disclosed in Paragraph [0025], line 168-174).
Regarding claim 4, Wang further teaches, wherein the device body (lower housing portion (22)) and the work body (upper housing portion (21)) are formed integrally (Figure 3; Paragraph [0025], line 164-165, “The buckle portion (not shown) cooperates with the slot portion (2221) to achieve the upper shell portion (21) and the lower shell portion (22) being combined together in a buckle manner” Clearly indicating that lower housing portion (22) and upper housing portion (21) become integrally formed).
Regarding claim 5, Wang further teaches, further comprising a step of requesting the user to input an age and/or a sex thereof for an adjustment of a predetermined working parameter therefor (Paragraph [0029], line 223-228, disclose, “Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.”).
While Wang does not expressly state, “a step of requesting the user to input an age and/or a sex thereof for an adjustment of a predetermined working parameter therefor.” Wang does disclose in Paragraph [0029], line 223-228, “Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.” It is then clear that the user is providing an input according to the needs of the user which would include age and/or sex. It would have been obvious for the method to have a step of requesting the user to input an age and/or a sex thereof for an adjustment of a predetermined working parameter therefor, seeing as how according to the needs of users, adjusting the massage pressure of the massage head to achieve the best massage effect and massage rhythm, and effectively stimulate acupoints is needed.
Regarding claim 6, Wang further teaches, wherein the specific working relationship indicates an extent that the working end (Opposite working end) or the tip (Tip) approaches or touches the specific part or the acupoint (Paragraph [0029]).
Regarding claim 7, Wang further teaches, further comprising a step of requesting the user to self-evaluate a body weakness/strength index for an adjustment of a predetermined working parameter (Paragraph [0029], line 223-228, disclose, “Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.”).
While Wang does not expressly state, “a step of requesting the user to self-evaluate a body weakness/strength index for an adjustment of a predetermined working parameter.” Wang does disclose in Paragraph [0029], line 223-228, “Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.” It is then clear that the user is self-evaluating a body weakness for an adjustment of a predetermined working parameter. It would have been obvious for the method to have a step of requesting the user to self-evaluate a body weakness for an adjustment of a predetermined working parameter, seeing as how according to the needs of users, adjusting the massage pressure of the massage head to achieve the best massage effect and massage rhythm, and effectively stimulate acupoints is needed.
Regarding claim 8, Wang further teaches, wherein the working end (Opposite working end) or the tip (Tip) directly maintains the specific working relationship with the specific part or the acupoint (As disclosed in Paragraph [0027] and [0029], massage head (4) is the component applying pressure to the acupoint area, the interaction occurs when massage head (4) which is capable of moving up/down is passing through hole (223) such that the (Opposite working end)/(Tip) are protruding out and interacting with the acupoint area as seen in Figure 3).
Regarding claim 9, Wang further teaches, further comprising a step of requesting the user to set a desired working strength of a current health-care work, by increasing, maintaining or decreasing a specific percentage of a working strength used in a previous health-care work (Paragraph [0029], line 223-225, disclose, “Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area.”).
Regarding claim 10, Wang further teaches, further comprising a step of setting limits for health-care working parameters (As disclosed in Paragraph [0029], control of the pressure of the massage head (4) on the acupoint is done through adjustment knob (3) and the structure of the adjustment knob as see in Figures 2-3 is disclosed in Paragraph [0026], “The adjustment knob (3) has a rotating portion (31) and a threaded portion (32). The rotating portion (31) is located above the threaded portion (32). The threaded portion (32) is disposed in the up-down direction. The threaded portion (32) has an external thread on its outer circumference. The threaded portion (32) is located in the upper through hole (213). The external thread cooperates with the internal thread so that the adjustment knob (3) is movably coupled to the upper shell portion (21). In this embodiment, a screw receiving portion (311) is formed on the rotating portion (31), and a screw (321) is received in the screw receiving portion (311). The screw (321) is the threaded portion (32), and the thread of the screw (321) is the external thread.” As such, adjustment knob (3) will indeed provide a limit as to how much pressure the massage head (4) can apply to an acupoint).
Regarding claim 11, Wang in view of Stafford teach the claimed invention except for, wherein a total height of the bottom connector is between 10% to 35% of a total height of the health-care device under a non-operating state. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a total height of the bottom connector be between 10% to 35% of a total height of the health-care device under a non-operating state, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involve only routine skill in the art. In re Aller.
Regarding claim 12, Wang further teaches, further comprising a step of requesting the user to select sequentially an ill or discomforting body part from a body image, a concrete illness or symptom on the ill or discomforting body part, and a desired working acupoint (Paragraph [0029], discloses, “Usage: first wear the massage bracelet on the hand or other parts of the human body, and adjust the wearing position of the massage bracelet to place the massage head (4) on a certain acupoint or acupoint area (for example, Neiguan acupoint). Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.” As such a user is capable of using their mental process to select sequentially an ill or discomforting body part from a mental body image provided by users own visual feedback/input (e.g., eyes), a concrete illness or symptom on the ill or discomforting body part, and a desired working acupoint).
While Wang does not expressly state, “a step of requesting the user to select sequentially an ill or discomforting body part from a body image, a concrete illness or symptom on the ill or discomforting body part, and a desired working acupoint.” Wang does disclose in Paragraph [0029], “Usage: first wear the massage bracelet on the hand or other parts of the human body, and adjust the wearing position of the massage bracelet to place the massage head (4) on a certain acupoint or acupoint area (for example, Neiguan acupoint). Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.” As such a user is capable of using their mental process to select sequentially an ill or discomforting body part from a mental body image provided by users own visual feedback/input (e.g., eyes), a concrete illness or symptom on the ill or discomforting body part, and a desired working acupoint. It would have been obvious for the method to have a step of requesting the user to select sequentially an ill or discomforting body part from a body image, a concrete illness or symptom on the ill or discomforting body part, and a desired working acupoint, seeing as how according to the needs of users, adjusting the massage pressure of the massage head to achieve the best massage effect and massage rhythm, and effectively stimulate acupoints is needed.
Regarding claim 14, Wang further teaches, wherein the specific positional relationship indicates one of a distance, a contacting relationship and an orientation between the working end (Opposite working end) or the tip (Tip) and the specific part or the acupoint (Figure 3; Paragraph [0029], discloses, “Usage: first wear the massage bracelet on the hand or other parts of the human body, and adjust the wearing position of the massage bracelet to place the massage head (4) on a certain acupoint or acupoint area (for example, Neiguan acupoint). Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.”).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Stafford, and further in view of Chen (CN 2257480 Y (See attached translation)).
Regarding claim 13, Wang teaches, a mobile device of the user that is capable of receiving, retaining, and using information downloaded/uploaded/provided to it (Paragraph [0029], “Usage: first wear the massage bracelet on the hand or other parts of the human body, and adjust the wearing position of the massage bracelet to place the massage head (4) on a certain acupoint or acupoint area (for example, Neiguan acupoint). Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.” Thus, the user’s brain acts as the mobile device). Wang further teaches, adjusting the massage device to position the massage head over a specific acupoint based on user needs (Paragraph [0029]).
Wang fails to teach, further comprising a step of downloading a picture and textual descriptions of the specific part or the acupoint from a database to a mobile device of the user for locating the specific part or the acupoint.
Stafford teaches, aspect of the method according to claim 1 (See above rejection of claim 1).
Chen discloses a human body acupuncture point card. Chen teaches, a picture and textual descriptions of the specific part or the acupoint from a database to assist in locating specific parts or acupoints on the human body (Figures 1-4; Paragraphs [0011]-[0012]).
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Wang such that it further comprises a step of downloading a picture and textual descriptions of the specific part or the acupoint from a database taught by Chen to a mobile device of the user taught by Wang in order to facilitate identification and location of acupoints without the need for memorization, thereby allowing more accurate alignment of the massage head (i.e., the central opening) with the desired acupoint, as all the references and the claimed invention are directed to positioning therapeutic devices over targeted locations of the human body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang such that it further comprises a step of downloading a picture and textual descriptions of the specific part or the acupoint from a database taught by Chen to a mobile device of the user taught by Wang in order to facilitate identification and location of acupoints without the need for memorization, thereby allowing more accurate alignment of the massage head (i.e., the central opening) with the desired acupoint, as such a modification would have been predictable, namely, the acupuncture points for the diseases shown on the acupuncture point card of the utility model do not need to be memorized, and acupuncture points can be determined at any time. Further, the location of the acupuncture points on the human body is displayed on the human body surface of the movable card.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Stafford, and further in view of Kim (KR 20140089717 A (See attached translation)).
Regarding claim 15, Wang teaches, the method according to claim 1 (See above rejection of claim 1).
Wang fails to teach, further comprising a preparation step of sticking a round sticker to the specific part or the acupoint.
Stafford teaches, aspect of the method according to claim 1 (See above rejection of claim 1).
Kim discloses an acupuncture device. Kim teaches, sticking a round sticker (Figure 1, sticker (500a)) to the specific part or the acupoint (Paragraphs [0028] and [0051]).
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Wang such that it further comprises a preparation step of sticking a round sticker to the specific part or the acupoint as taught by Kim, as all the references and the claimed invention are directed to positioning therapeutic devices over targeted locations of the human body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang such that it further comprises a preparation step of sticking a round sticker to the specific part or the acupoint as taught by Kim, as such a modification would have been predictable, namely, to secure and guide the work piece towards/on the appropriate acupoint.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Stafford, further in view of Zhang (CN 109276445 A (See attached translation)), and even further in view of Chen.
Regarding claim 16, Wang teaches, further comprising a step being one selected from a group consisting of: a step of setting a working strength; a step of setting a working or administering time; and a step of setting a use frequency being an interval of two uses (Paragraph [0016], discloses, “the advantages of the present invention are: it has a massage effect, and can simulate real Chinese medicine techniques according to the needs of users, adjust the massage pressure of the massage head to achieve the best massage effect and massage rhythm, and effectively stimulate acupoints.” Also, Paragraph [0029], line 223-228, disclose, “Then, according to the needs of the user, the adjustment knob (3) is adjusted to change the up and down position of the massage head (4), thereby controlling the pressure of the massage head (4) on the acupoint or acupoint area. For example: if the user needs to perform stronger massage stimulation on the acupuncture points, the user rotates the adjustment knob (3), and the threaded portion (32) causes the massage head (4) to move downward. On the contrary, the massage head (4) is moved upward.” As such a use based on their needs is fully capable of setting a certain pressure that massage head (4) will apply, how long it will be applied for, and the frequency of the use).
Wang fails to teach, a step of setting a mobile phone to remind or to cease to remind of a next use time; a step of causing a mobile phone to display an extent of the working strength has reached a certain percentage; and allowing the user to identify an ill or discomforting situation is currently (A) in an initial period, (B) in a serious period, (C) in a recovering period, or (D) a chronic disease, so as to accordingly adjust the working or administering time and the interval.
Stafford teaches, aspect of the method according to claim 1 (See above rejection of claim 1).
Zhang discloses, a bracelet for relieving dizziness and vomiting during pregnancy by applying acupressure to the Neiguan acupoint. Zhang teaches, setting a mobile phone to remind or to cease to remind of a next use time (Paragraphs [0008], [0015]-[0016], [0045]-[0047], and [0054]); and causing a mobile phone to display an extent of the working strength has reached a certain percentage (Paragraphs [0008], [0015]-[0016], [0045]-[0047], and [0054]).
Chen teaches, allowing the user to identify an ill or discomforting situation is currently (A) in an initial period, (B) in a serious period, (C) in a recovering period, or (D) a chronic disease, so as to accordingly adjust the working or administering time and the interval (Figures 1-4; Paragraphs [0011]-[0012]).
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Wang such that it further comprises a step of setting a mobile phone to remind or to cease to remind of a next use time and a step of causing a mobile phone to display an extent of the working strength has reached a certain percentage as taught by Zhang and to further allow the user to identify an ill or discomforting situation is currently (A) in an initial period, (B) in a serious period, (C) in a recovering period, or (D) a chronic disease, so as to accordingly adjust the working or administering time and the interval as taught by Chen, as all the references and the claimed invention are directed to positioning therapeutic devices over targeted locations of the human body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang such that it further comprises a step of setting a mobile phone to remind or to cease to remind of a next use time and a step of causing a mobile phone to display an extent of the working strength has reached a certain percentage as taught by Zhang and to further allow the user to identify an ill or discomforting situation is currently (A) in an initial period, (B) in a serious period, (C) in a recovering period, or (D) a chronic disease, so as to accordingly adjust the working or administering time and the interval as taught by Chen, as such a modification would have been predictable, namely, to apply the appropriate pressure/force to the acupoint even to those who are inexperienced with the field of acupressure and provide relief to the user.
Response to Arguments
Applicant's arguments filed on 05/20/2026 have been fully considered but they are not persuasive.
Applicant contends that Stafford’s aperture 18 is isolated/obstructed by adhesive member 12 (which itself lacks an opening), that alignment in Stafford concerns only guiding an implantable sensor needle through aperture 18 rather than aligning an opening to a visible specific body site/acupoint, that the adhesive is applied without visibility of the target site through aperture 18, that the references address different problems (sensor insertion/monitoring and easy coupling versus precise, maintained alignment of a working end to an acupoint), and that the claimed visibility condition and resulting technical effect (ensuring the operating/working end remains aligned so that misalignment “will never happen”) are therefore neither taught nor suggested by Wang and Stafford, jointly or separately.
These contentions are unpersuasive. The claim requires coaxially aligning the central opening of the bottom connector to a specific part or acupoint “on a condition that the specific part or the acupoint is visible from the central opening,” attaching the device positioning piece (now recited as having an aligning opening) to maintain that alignment, attaching the device body to the bottom connector, and thereafter operating the operating end or work body to engage the working end in health-care work while maintaining the recited working and positional relationships.
Wang already teaches a wearable acupoint-massaging device comprising the recited structural elements (device body/lower housing portion (22), work piece/massage head (4) with operating and working ends and tip, work body/upper housing portion (21), bottom connector/annular flange (224) having central opening/lower through hole (223), and device positioning piece/bracelet strap (1)) and the core method steps of aligning the central opening/massage head to an acupuncture point or region, securing the positioning piece to the body part to maintain the alignment, and operating the device to engage the working end with the acupoint while maintaining the positional relationship (see Wang Paragraphs [0023]-[0029] and Figures 1-3). As mapped above, the strap structure and manner of coupling to the housing create an aligning opening/space consistent with the newly added claim language.
Wang does not explicitly recite the visibility condition during the alignment step or the precise sequence of first attaching the positioning piece/base and thereafter attaching the device body. Stafford supplies both. Stafford expressly teaches a wearable medical-device mounting unit having an open central aperture 18 through the support body/mounting unit 14 “for guiding sensor insertion,” which requires the user to visually confirm and align the target insertion site through the unobstructed through-aperture to achieve accurate coaxial placement (see Stafford Paragraphs [0040]-[0045] and Figures 1A, 3A, & 4). The adhesive member is on the bottom surface, yet the aperture remains an open through-opening in the relevant region, rendering the target site visible through the aperture during the alignment/placement step. Stafford further teaches the sequence of first attaching the positioning piece/base (mounting unit with adhesive) to the skin to establish and maintain alignment, then attaching the device body to the base/connector.
A person of ordinary skill in the art would have found it obvious to modify Wang’s method by incorporating Stafford’s open-aperture visibility during coaxial alignment of the opening to a specific body site and the base-first attachment sequence. Both references concern wearable health devices intended to be maintained in place on a patient for a predetermined period at a specific body location. Stafford’s teachings supply predictable advantages of improved ease of use and repeatable accurate alignment (see Stafford Paragraphs [0011], [0042], & [0073]), which are directly applicable to Wang’s acupoint-aligned wearable device. The modification is a predictable use of known techniques (open through-aperture for visual guiding/alignment and base-first attachment for stability) to improve a similar device in the same way, with a reasonable expectation of success. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); MPEP 2141, 2143(I)(A), & 2144.04.
Applicant’s emphasis on differences in ultimate purpose (glucose-sensor insertion versus acupoint stimulation) and on the precise mechanism by which adhesive is applied does not distinguish the claim. The claim is directed to a method of operating a health-care device that includes the structural elements and the alignment, attachment, and operation steps recited; it is not limited to any particular therapeutic modality beyond “health-care work.” The visibility condition and the resulting maintenance of alignment are taught by the combination for the reasons set forth above. Arguments directed to unclaimed features, to the particular material or opacity of an adhesive layer, or to the absence of an identical problem statement in the prior art are not commensurate with the scope of the claim and do not overcome the prima facie case of obviousness.
The rejection of claim 1 under 35 USC 103 is therefore maintained. See updated rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US D767,435 S, US 8,475,035 B1, US 4,155,219, US 4,060,185, US 2015/0272458 A1, and US 2019/0254390 A1 are all relevant because they teach “a device positioning piece (strap) having an aligning opening”.
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.
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/O.N./Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771
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