DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 27 April 2026 has been entered. Claims 1 and 3-28 are now pending. The Examiner acknowledges the amendments to claim 1, as well as the cancellation of claim 2
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 .
Claim Rejections - 35 USC § 102
2. 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.
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claims 1, 3-7 and 9-28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chmelik (U.S. Pub. No. 2020/0245931). Regarding claim 1, Chmelik discloses a system to deliver vibratory therapy to a user (Fig. 1, Abstract; [0039]) comprising: a first transducer 2 (one of the vibratable elements) adapted to emit a first transcutaneous vibratory output (bone conduction) ([0040], [0045], Figs. 1 and 9);
a second transducer 4 (of headphones) adapted to emit a second transcutaneous vibratory output ([0060], Figs. 9-12);
a processor in electronic communication with a user interface (smart phone as described in [0049]), the first transducer 2, and the second transducer 4 ([0040], [0046], [0049]; Figs. 2 and 9-12), wherein the user interface accepts a target state of the user (via touch pattern) ([0028]-[0029]),
the processor programmed to:
(i) generate a first transcutaneous vibratory output pattern comprising a first perceived pitch, a first perceived beat, and a first intensity (a first transcutaneous vibratory output pattern, or vibration rhythm/sequence is generated by the data processing unit [0041], [0044], and the first vibratory output is bone conduction [0045], which has a perceived pitch, beat and intensity),
wherein the first transcutaneous vibratory output pattern includes a variation of the first perceived beat ([0041] teaches that calculated HRV values are used to generate a corresponding vibration rhythm/sequence and since measurements are continuous, a change in HRV will generate a corresponding change in vibration rhythm/sequence, which would result in a variation of the first perceived beat within an output pattern)
and wherein the first transcutaneous vibratory output pattern is selected based on the target state ([0044]: “data processing means is programmed to select from a variety of rhythms from a data storage means and to manage the feedback process such that if a particular rhythm is not having a positive effect on the stress indication value, then an alternative rhythm will be selected, until a selected rhythm does have a positive effect in reducing the stress indicator value);
(ii) generate a second transcutaneous vibratory output pattern (audible sound via headphones 4 [0046] and [0059]-[0061]) comprising a second perceived pitch, a second perceived beat, and a second intensity (audible sound has a perceived pitch, beat and intensity),
wherein the second transcutaneous vibratory output pattern includes a variation of the second perceived pitch ([0046]: “data processing unit 26 then determines the sequence of vibration rhythm as well as infrasonic vibrations, audible sound frequencies, electrical or other stimulation may also be used to alter or maintain the currently measured biometrics. This is an ongoing process and the sequence of frequencies are changeable dependent of the measured state of the user) and
wherein the second transcutaneous vibratory output pattern is selected based on the target state ([0044]: “data processing means is programmed to select from a variety of rhythms from a data storage means and to manage the feedback process such that if a particular rhythm is not having a positive effect on the stress indication value, then an alternative rhythm will be selected, until a selected rhythm does have a positive effect in reducing the stress indicator value);
(iii) cause the first transducer to emit the first transcutaneous vibratory output (bone conduction) based on the first transcutaneous vibratory output pattern ([0045], [0047]); and
(iv) cause the second transducer to emit the second transcutaneous vibratory output (audible sound) based on the second transcutaneous vibratory output pattern ([0046], [0060]-[0061]).
Regarding claim 3, the first transducer 2 is adapted to be worn on a first part of a body of the user (Abstract, [0045], Figs. 1 and 9).
Regarding claim 4, the second transducer 4 (headphones) is adapted to be worn on a second part of a body of the user ([0060], Figs. 9-12).
Regarding claim 5, the first transcutaneous vibratory output pattern and the second transcutaneous vibratory output pattern can be emitted simultaneously ([0046]: “ongoing process”; Abstract: “continuous real time feedback loop”; [0041]: “calculated values are used to generate a correspond vibration rhythm and are continuously being generated as the measurements are continuously made to form a feedback loop”).
Regarding claim 6, the first transcutaneous vibratory output pattern and the second transcutaneous vibratory output pattern can be emitted sequentially ([0041], [0046] disclose sequential emission).
Regarding claim 7, the first transcutaneous vibratory output pattern and the second transcutaneous vibratory output pattern can be emitted in an alternating pattern (alternating being construed as switching between a variety of rhythms until a selected rhythm has a positive effect in reducing the stress indicator value - [0044]).
Regarding claim 9, the processor is further programmed to modify the first transcutaneous vibratory output pattern by varying the first perceived pitch ([0041] teaches that calculated HRV values are used to generate a corresponding vibration rhythm/sequence and since measurements are continuous, a change in HRV will generate a corresponding change in vibration rhythm/sequence, which would result in a variation of the first perceived pitch within an output pattern).
Regarding claim 10, the processor is further programmed to modify the second transcutaneous vibratory output pattern by varying the second perceived pitch ([0046]: “data processing unit 26 then determines the sequence of vibration rhythm as well as infrasonic vibrations, audible sound frequencies, electrical or other stimulation may also be used to alter or maintain the currently measured biometrics. This is an ongoing process and the sequence of frequencies are changeable dependent of the measured state of the user).
Regarding claim 11, the processor is further programmed to modify the first transcutaneous vibratory output pattern by varying the first perceived beat (([0041] teaches that calculated HRV values are used to generate a corresponding vibration rhythm/sequence and since measurements are continuous, a change in HRV will generate a corresponding change in vibration rhythm/sequence, which would result in a variation of the first perceived beat within an output pattern).
Regarding claim 12, the processor is further programmed to modify the second transcutaneous vibratory output pattern by varying the second perceived beat ([0046]: “data processing unit 26 then determines the sequence of vibration rhythm as well as infrasonic vibrations, audible sound frequencies, electrical or other stimulation may also be used to alter or maintain the currently measured biometrics. This is an ongoing process and the sequence of frequencies are changeable dependent of the measured state of the user).
Regarding claim 13, the processor is further programmed to modify the vibratory therapy by varying at least one of the first intensity and the second intensity (frequencies) ([0039], [0041], [0042], [0046], [0049]).
Regarding claim 14, the first transcutaneous vibratory output pattern and the second transcutaneous vibratory output pattern can be coordinated with one another ([0046]: “ongoing process”; Abstract: “continuous real time feedback loop”; [0041]: “calculated values are used to generate a correspond vibration rhythm and are continuously being generated as the measurements are continuously made to form a feedback loop”).
Regarding claim 15, the first transducer is considered to be in electronic communication with the second transducer via data processing unit 26 of the mobile device, which can be connected to the transducers through wireless or wired communications ([0046] and [0049]).
Regarding claim 16, at least one of the first transducer and the second transducer comprise a processor ([0052] – first transducer (one of the vibratable elements) as shown in Fig. 3, comprises a processor).
Regarding claim 17, the processor of the first transducer is programmed to modify the first transcutaneous vibratory output pattern based on data received from a sensor 1 in communication with the system ([0052] and [0049]).
Regarding claim 18, the user interface is on a mobile device [0049].
Regarding claims 19 and 20, the claim is interpreted as the first transcutaneous vibratory output capable of being produced by multiplicatively combining a sine wave-shaped envelope based on the first perceived beat with a wave pattern based on the first perceived pitch as the claim does not limit the production to the system/processor/user interface as being configured to generate such a step (or “relationship”) of “multiplicatively combining…”.
Regarding claim 21, the claim is interpreted as the first transcutaneous vibratory output capable of being generated in part by a first oscillation at a first frequency, and a second oscillation at a second frequency that differs from the first frequency by less than 10 Hz ([0039]-[0042]).
Regarding claims 22 and 23, the claim is interpreted as the second transcutaneous vibratory output capable of being produced by multiplicatively combining a sine wave-shaped envelope based on the second perceived beat with a wave pattern based on the second perceived pitch as the claim does not limit the production to the system/processor/user interface as being configured to generate such a step (or “relationship”) of “multiplicatively combining…”.
Regarding claim 24, the claim is interpreted as the second transcutaneous vibratory output capable of being generated in part by a first oscillation at a first frequency, and a second oscillation at a second frequency that differs from the first frequency by less than 10 Hz ([0039]-[0042]).
Regarding claim 25, the first transducer (one of the vibratable elements) as shown in Fig. 3) is located in a first portion of an object (portion of “object” around the neck as shown in Fig. 9) and the second transducer (of head phones) is located in a second portion of the object (“second portion” of the object being the ear-wrapped portion 4 as shown in Fig. 9).
Regarding claim 26, the object is at least one of a collar or a harness structured to fit a non-human animal (as indicated above with respect to claim 25, the object could be considered a collar as it does wrap around the neck as shown in Fig. 9 and it could fit a non-human animal, such as a dog).
Regarding claim 27, the system further comprises one or more additional transducers, wherein the one or more additional transducers are structured to emit a transcutaneous vibratory output in coordination with the first transducer and the second transducer (“further vibrators”) adapted to emit a first transcutaneous vibratory output (bone conduction) ([0045], Figs. 1, 9 and 10).
Regarding claim 28, the processor is programmed to modify the first transcutaneous vibratory output pattern based on data received from a sensor 1 in communication with the system ([0052] and [0049]).
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chmelik (U.S. Pub. No. 2020/0245931). Regarding claim 8, while Chmelik does not disclose explicitly that the processor is further programmed to cause the second transcutaneous vibratory output to stop while the first transcutaneous vibratory output is emitted. However, Chmelik teaches the use of a smart phone which is programmed to control a set of smart head phones (which causes the second transcutaneous vibratory output) ([0049] and [0061]), and as such, it would be obvious to one of ordinary skill in that art that a smart phone, paired with a set of smart head phones, would retain the programming ability to stop the delivery of audible stimulation at any time during the vibration therapy session, including during emission of the first transcutaneous vibratory output.
Response to Arguments
8. Applicant’s arguments filed 27 April 2026 with respect to the rejection of claims 1-28 under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments.
9. Applicant’s arguments filed 27 April 2026 with respect to the rejection of claims 1, 3-7 and 9-28 under 35 U.S.C. 102(a)(2) citing Chmelik (‘931) have been considered and are not persuasive. Applicant contends that Chmelik’s use of headphones to produce a second audible output does not anticipate the claimed use of two transcutaneous vibratory outputs; as the audio signals produced by Chmelik’s headphones is not transcutaneous vibratory output as claimed. However, this argument is not persuasive. Conventional headphones, as taught by Chmelik, are maintained to read on a transducer adapted to emit a transcutaneous vibratory output as the sound emitted is transformed to mechanical vibrations as it is propagated transcutaneously through the outer ear and into the ear drum (as shown by the headphones 4 in Figs. 9-12 of Chmelik). Applicant further contends that the substitution of audible sound taught by Chmelik with the claimed transcutaneous vibratory output is inconsistent with the reference. However, it is pointed out that the claim recites a transducer adapted to emit a second transcutaneous vibratory output and the output of the headphones 4 of Chmelik (placed within the user’s ear – [0061]) emit a transcutaneous vibratory output through the outer ear and into the ear drum as noted above. In view of the foregoing, the rejection of 1, 3-7 and 9-28 under 35 U.S.C. 102(a)(2) citing Chmelik (‘931) has been maintained.
10. Applicant’s arguments filed 27 April 2026 with respect to the rejection of claim 8 under 35 U.S.C. 103 citing Chmelik (‘931) have been considered and are not persuasive. Applicant’s arguments are contingent on those presented with respect to claim 1, which are maintained for the reasons noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE HOPKINS MATTHEWS whose telephone number is (571)272-9058. The examiner can normally be reached Monday - Friday, 7:30 am - 4:00 pm.
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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