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
Applicant’s amendments, filed 09/18/2025, has been entered. Claims 10-15, 17-20, 22, 23 remain pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 10, 12, 14, 15, 17-20, 22, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US5902293) in view of Kwon (KR101089737, machine translation accessed 6/12/25 relied upon herein), hereafter Kwon, in view of Foster (US20200222275), hereafter Foster, further in view of Mo (CN106344360, machine translation accessed 6/12/25 relied upon herein), hereafter Mo.
Regarding Claim 15, Liu discloses a vibratory myofascial decompression system (col. 2, line 17-19) comprising: a plurality of cups (col. 3 line 11-15), wherein each cup of the plurality of cups comprises: a cup body defining an internal cavity (col. 2 line 66-67, can body 1; See Fig. A), a lip configured to contact a skin surface of a user (col. 3 line 3-4; See Fig. A), and an exhaust port positioned inside the internal cavity (col. 2 line 56-58, connecting tube 11; See Fig. A) configured to permit air to be withdrawn from the internal cavity (col. 2 line 58-62; See Fig. A);
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Fig. 1, Adapted from Liu Fig. 3
Liu further discloses for each cup of the plurality of cups, an electrically operated vibration elements coupled with the cup (col. 2 line 63-65, vibrator 4; See Fig. A) to permit vibration to be transmitted through the cup body and lip of the cup to the skin of the user (Liu, col. 3 line 4-6), but is silent on there is a plurality of electrically operated vibration elements coupled with the cup and spaced about a periphery of the cup body proximate to the lip of the cup; and a controller configured to control operation of the plurality of electrically operated vibration elements.
However, Kwon teaches a cupping device (See Fig. B below) comprises a cup body (See Fig. B below), a lip configured to contact a skin, and a plurality of electrically operated vibration elements coupled with the cup (See Fig. B; Fig. 2, high frequency conductor 160; pg. 3 line 131-134, “the high-frequency ceramic (160) can effectively perform cupping therapy and high-frequency treatment simultaneously by precisely applying high-frequency vibration to a point on the skin (S) where the negative pressure is applied” ) and spaced about a periphery of the cup body proximate to the lip of the cup (See Fig. 2 and 4, pg. 3 line 126-128 “a plurality of high-frequency conductors (160) are fixedly arranged around the periphery of the receiving portion (111)”). And a controller configured to control operation of the plurality of electrically operated vibration elements (Fig. 3, pg. 6, “…a high frequency generating unit (15) controlled a control unit (12)”). Furthermore, Liu already discloses one vibration element coupled with the cup, it would have been obvious to have a plurality of vibration elements as it is a mere duplication of the vibration element of Liu, performing the same function in the same way to achieve predictable results, for purposes such as more consistent vibration output, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), See MPEP 2144.04. Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known cupping device of Liu, with the configuration and placement of the vibration elements of Kwon, to minimize interference with the opening and apply precise vibration to the skin as taught by Kwon (Kwon, pg. 3).
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Fig. B Adapted from Kwon Fig. 4
The modified Liu is still silent on a controller configured to control operation of the plurality of electrically operated vibration elements.
However, Foster further teaches a vibration device for delivering therapeutic vibration to a body (Abstract), comprising of a plurality of electrically operated vibration elements, wherein each element can be controlled at different frequency (par. 0012, “the rotating masses may comprise two or more rotating masses. These rotating masses may rotate with different frequencies”) a controller configured to control operation of the plurality of electrically operated vibration elements (par. 0057, “It may further include a controller programmed to control the vibration producing devices”). The controller can deliver waveforms to the plurality of vibration elements to perform varying patterns (par. 0253, “The controller may also be programmed… to the plurality of vibration producing devices”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known cupping device of Liu, with the controller of Foster, to control the operation of the plurality of vibration elements to provide therapeutic vibration at specific frequencies.
The modified Liu further disclose the controller configured to control pressure conditions within the internal cavity of each cup of the plurality of cups (Mo, par. 0009 “the control circuit controls the switch of the solenoid valve to realize the suction and relaxation of the cupping device,”; par. 0062, “…to ensure the independence of each cupping device 2, and the cupping devices 2 do not affect each other”), and configured to separately adjust the pressure conditions within each cup of the plurality of cups (Mo, par. 0009 “the control circuit controls the switch of the solenoid valve to realize the suction and relaxation of the cupping device,”; par. 0062, “…to ensure the independence of each cupping device 2, and the cupping devices 2 do not affect each other”).
The modified Liu is still silent on a memory associated with the controller and configured to store one or more pre-defined or user-defined treatment regimens that may be selected for controlling one or more parameters selected from the group consisting of: treatment duration, vibration intensity, vibration frequency, vibration pattern, and subatmospheric pressure level.
However, Mo teaches a cupping device (Fig. 2, cupping device 2), comprises a plurality of cups (See Fig. 2), a controller controlling the pressure level within the cups (par. 0009, “the control circuit controls the switch of the solenoid valve to realize the suction and relaxation of the cupping device”), and a memory associated with the controller and configured to store one or more pre-defined or user-defined treatment regimens that may be selected for controlling one or more parameters selected from the group consisting of: treatment duration, vibration intensity, vibration frequency, vibration pattern, and subatmospheric pressure level (par. 0025, “…store memory and select different modes, such as: manually adjusted massage mode, long suction mode and stored automatic massage mode”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known cupping device of Liu, with the controller and memory of Mo, to allow the user to control the pressure level and adjust different massage modes as taught by Mo (Mo, par. 0025).
In the alternative to the rejection above for claim 15, Mo further teaches a plurality of cups (Fig. 2, cupping devices 2). Furthermore, Liu already discloses a cup, it would have been obvious to have a plurality of cups as it is a mere duplication of the cup of Liu, performing the same function in the same way to achieve predictable results, for purposes such as larger massage area, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), See MPEP 2144.04. Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known cupping device of Liu, with the plurality of cups connected to a pump (Mo, Fig. 2), to provide massage at multiple areas at the same time as taught by Mo (Mo, par. 0030).
Regarding Claim 10, the modified Liu discloses the apparatus system of claim 15, wherein each cup of the plurality of cups further comprises a check valve in fluid communication with the exhaust port (Liu, col. 4 line 8-13).
Regarding Claim 12, the modified Liu discloses the system of claim 15,wherein, for each cup of the plurality of cups, each electrically operated vibration element of the plurality of electrically operated vibration elements is selected from the group consisting of: a disc motor, an offset motor, and a piezoelectric element (Liu, col. 3, line 17-19; “said vibrator 4 may be a mechanism including an eccentric cam installed on a motor, whereby vibration occurs when the motor is operated”; Foster, par. 0010, “The motors may be equipped with a mass rotating… therefore impart a vibration or wobble to the motor.”) (Examiner Notes: The prior art teaches a motor with an eccentric cam, which is a offset/disc motor).
Regarding Claim 14, the modified Liu discloses the system of claim 15,wherein, for each cup of the plurality of cups, the exhaust port is configured to be removably attached to an air removing device (Liu, col. 2 line 56, sucking pump 3; Fig. 1 and 2 shows removability) configured to remove air from the internal cavity to establish subatmospheric air pressure conditions in the internal cavity (Liu, col. 2 line 67 - col. 3 line 4).
Regarding Claim 17, the modified Liu discloses the system of claim 15, wherein cups of the plurality of cups are configured to be positioned in a series formation on the skin surface of the user across the length of a muscle or muscle group (Examiner Notes: Liu, Fig. 3 to 6 and col. 3 line 12-16 discloses different embodiments of the cup to fit different parts of human body. Therefore, the prior art is capable to be positioned in a series formation on the skin surface across a muscle; for example, different embodiment of Liu can be used to fit on a human arm as it gets narrower towards the wrist. Even for the sake of argument that the prior art is not capable, since a plurality of cups is already presented in the prior arts, and positioning the cups in a series formation is a commonly known practice in the field of cupping therapy. It would have been obvious to a person of ordinary skill in the art to position the cups in a series across a muscle or muscle group to achieve the desired therapeutic effect.)
Regarding Claim 18, the modified Liu discloses the system of claim 15, wherein the controller is configured to receive signals from a wireless remote control element (Foster, par. 0235, “Communication and interfacing among modules and/or components may be by any operable modality such as… wireless…”) to permit at least one of (i) control of operation of the plurality of electrically operated vibration elements or (ii) control of pressure conditions within the internal cavity of each cup of the plurality of cups (Foster, par. 0057, “It may further include a controller programmed to control the vibration producing devices”).
Regarding Claim 19, the modified Liu discloses the system of claim 15, wherein, for each cup of the plurality of cups, the plurality of electrically operated vibration elements is positioned external to the cup (Liu, Fig. 3, See rejection for claim 1).
Regarding Claim 20, Liu discloses A method for therapeutic treatment of a user utilizing the system of claim 15, the method comprising the steps of: for each cup of the plurality of cups, placing the lip of the cup in contact with the skin surface of the user (Liu, col. 3 line 3-4; See Fig. A); for each cup of the plurality of cups, withdrawing air from the internal cavity of the cup through the exhaust port to establish suction between the cup and the skin surface of the user (Liu, col. 1 line 56-59); and for each cup of the plurality of cups, supplying electric power to the plurality of electrically operated vibration elements to cause vibration to be transferred through the cup body and the lip of the cup to the skin surface of the user (Liu, col. 3, line 4-5).
Regarding Claim 22, the modified Liu discloses the system of claim 15, but is silent on wherein, for each cup of the plurality of cups: the plurality of electrically operated vibration elements comprises a first set of electrically operated vibration elements and a second set of electrically operated vibration elements; and the plurality of electrically operated vibration elements is configured to vibrate in a pattern, according to which the first set of electrically operated vibration elements is configured to vibrate during a first time period, and the second set of electrically operated is configured to vibrate during a second time period, wherein the first and second time periods are non- overlapping or only partially overlapping in character.
However, Foster further teaches the plurality of electrically operated vibration elements comprises a first set of electrically operated vibration elements and a second set of electrically operated vibration elements (Foster, par. 0101, first motor 30, second motor 32); and the plurality of electrically operated vibration elements is configured to vibrate in a pattern (Foster, par. 0253, “execute a sequence of spatially varying patterns of vibration using the plurality of motor drive waveforms delivered to the plurality of vibration producing devices”), according to which the first set of electrically operated vibration elements is configured to vibrate during a first time period, and the second set of electrically operated is configured to vibrate during a second time period, wherein the first and second time periods are non- overlapping or only partially overlapping in character (Foster, par. 0185, “One example would be a control algorithm that applies a waveform to a motor and then to the neighboring motor with a time delay, and again to the next motor in sequence, which could provide the effect of a wave going past the subject.”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known cupping device of Liu, and with the vibration pattern of Foster, to provide specific stimulation to the physiological state of the user as taught by Foster (Foster, par. 0059).
Regarding Claim 23, the modified Liu discloses the system of claim 20, but is silent on wherein, for each cup of the plurality of cups: the plurality of electrically operated vibration elements comprises a first set of electrically operated vibration elements and a second set of electrically operated vibration elements; and the plurality of electrically operated vibration elements is configured to vibrate in a pattern, according to which the first set of electrically operated vibration elements is configured to vibrate during a first time period, and the second set of electrically operated is configured to vibrate during a second time period, wherein the first and second time periods are non- overlapping or only partially overlapping in character.
However, Foster further teaches the plurality of electrically operated vibration elements comprises a first set of electrically operated vibration elements and a second set of electrically operated vibration elements (Foster, par. 0101, first motor 30, second motor 32); and the plurality of electrically operated vibration elements is configured to vibrate in a pattern (Foster, par. 0253, “execute a sequence of spatially varying patterns of vibration using the plurality of motor drive waveforms delivered to the plurality of vibration producing devices”), according to which the first set of electrically operated vibration elements is configured to vibrate during a first time period, and the second set of electrically operated is configured to vibrate during a second time period, wherein the first and second time periods are non- overlapping or only partially overlapping in character (Foster, par. 0185, “One example would be a control algorithm that applies a waveform to a motor and then to the neighboring motor with a time delay, and again to the next motor in sequence, which could provide the effect of a wave going past the subject.”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known cupping device of Liu, and with the vibration pattern of Foster, to provide specific stimulation to the physiological state of the user as taught by Foster (Foster, par. 0059).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Kwon, in view of Foster, in view of Mo, further in view of Jang (KR 100856761 machine translation accessed on 9/24/2024 relied upon herein).
Regarding Claim 11, the modified Liu discloses the system of claim 15, wherein each cup has an exhaust port comprising of a check valve, where the check valved prevents fluid from entering the interior of the cup body and maintains the subatmospheric conditions (Liu, col. 4 line 8-13).
The modified Liu is silent on for each cup of the plurality of cups, the exhaust port comprises a spring biased pin configured to restrict air from entering the internal cavity when subatmospheric conditions are established in the internal cavity.
However, Jang teaches a cupping therapy apparatus, comprising of an exhaust port (valve housing 211), a check valve (connection valve 215), and a spring biased pin (actuating stem 217, return spring 219). Jang teaches the pin descends with the valve to close the exhaust port when the air removing device is removed and maintain the inside of the cup body to a negative pressure state (Jang, line 110-118); and that the spring returns the pin to the original position. Furthermore, such spring biased pin is commonly used on commercially available cupping devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the known cupping device of Liu with the spring biased pin mechanism of Jang to maintain and control the subatmospheric conditions in the internal cavity of the cup body as taught by Jang (Jang, line 110-118).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Kwon, in view of Foster, in view of Mo, further in view of Hillila (US20110139163).
Regarding Claim 13, the modified Liu discloses the system of claim 15, but is silent on further comprising at least one potentiometer configured to permit adjustment of at least one operating characteristic of the plurality of electrically operated vibration elements for one or more cups of the plurality of cups.
However, Hillila teaches a plurality of vibration elements (Fig. 12, vibration elements 24), and at least one potentiometer configured to permit adjustment of at least one operating characteristic of the plurality of electrically operated vibration elements (Hillila, par. 0059, “…a potentiometer 3 for varying the voltage going to the vibration elements 24”). Furthermore, potentiometer is commonly used to control electronics in the field. 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 known apparatus of Liu with the potentiometer of Hillila, to use the potentiometer coupled with the electrically operated vibration element to provide different voltage level for precise control of the electrically operated vibration element as taught by Hillila (Hillila, par. 0059).
Response to Arguments
Applicant's arguments filed 09/18/2025 have been fully considered but they are not persuasive. Applicant argues that Mo fails to disclose a system “configured to separately adjust the pressure conditions within each cup of the plurality of cups”, as Mo discloses in par. 0030 that the device is used for “massage suction and release at the same time”. The cited reference Mo is a machine translated document, and the phrase “suction and release at the same time” can be interpreted as all cups performing suction/release when read literally. However, as reflected in Mo par. 0030, 0062, 0063 and the original language text, the reference is clearly describing that multiple cups perform massage actions simultaneously to achieve a coordinate, rhythmic effect, comparable to human-hand like massage effect. It is not teaching that each cup must have identical pressure profile. Moreover, the reference explicitly discloses that each cup is structurally independent through the use of one-way valves and isolated pipelines. Such structural independence and the rhythmic massage effect inherently permits each cup’s pressure to be adjusted individually.
Furthermore, the claim recites “control pressure conditions within the internal cavity of each cup of the plurality of cups, and configured to separately adjust the pressure conditions within each cup of the plurality of cups”. It does not require the controller to set different pressure across the cups at the same time. The cited reference discloses cups that are independent from one another and capable of having their pressure conditions to be adjusted. Thus, even if the reference describes operation where the cups undergo suction and release at identical time periods, the structural independence and controllable pressure states still satisfied the claimed limitation.
Accordingly, the arguments are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
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/KRIS HANYU GONG/Examiner, Art Unit 3785 /VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785