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 Amendments
This office action is responsive to the amendment filed on 06/16/2025. As directed by the
amendment: claims 1, 5, 13, 15-18, and 20 have been amended, no claims have been canceled, and no new claims have been added. Thus, claims 1-20 are presently pending in the application.
Claim Interpretation
Claim 1 recites the base elements including at least one vibrational transducer for generating vibrations responsive to one or more vibration control signals. Since, “including at least one” could mean having one, or more than one, this office action is written with the interpretation that only one vibrational transducer is included in the invention.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “control mechanism” in claim 16 and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-3, 7, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Alderman (US 5639145 A), in view of Komatsubara (US 4967871 A), Cohen (US 20200246579 A1), and Fich (US 20160250087 A1).
Regarding claim 1, Alderman discloses a vibroacoustic therapy bed (FIG. 1) comprising:
a pad (FIG. 2 and 3 Layer 16, 24);
and a plurality of base elements (FIG. 2 and 4 Second layers 17, 25) coupled by hinge connections (FIG. 2 Hinge 14) between adjacent base elements,
the base elements including at least one vibrational transducer for generating vibrations (FIG. 2 Vibrators 30 and 22);
wherein the vibroacoustic therapy bed is configurable between: a flat configuration in which the pad is substantially flat (FIG. 3 is a view of the device in a flat condition as set forth in [Column 2 Lines 4 – 5]) and is supported by the base elements (FIG. 3 is Resting on base elements, second layers 17and 25, shown in the annotated FIG. 4 below),
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and a stowable configuration (FIG. 10 and 6 Folded Position) in which the vibroacoustic therapy bed is pivoted about the hinge connections coupling the adjacent base elements (FIG. 6 shows the folded-up position about the hinge as set forth in [column 2 Lines 12 – 13]) such that the pad forms an outer surface around the base elements (FIG. 6 cushion Layer 24 and 16 forms an outer surface around the top and bottom panels as shown in the annotated figure below).
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Alderman does not explicitly disclose the vibrational transducers being responsive to one or more vibration control signals.
However, Komatsubara teaches vibrational transducers (Komatsubara: FIG. 8 Electromechanical vibration converter) being responsive to one or more vibration control signals (Komatsubara: FIG. 8 Drive Coil 56, Coil Bobbin 55, Caps 52A, 52B drive current is supplied to the drive coil 56, the coil bobbin 55 moves in a reciprocal motion in response to the magnetic flux in the air gap, caps 52A and 52B are vibrated as set forth in [Column 4 Lines 45 – 50]).
Alderman and Komatsubara are both considered to be analogous to the claimed invention because they are in the same field of body-sensible vibrational devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Komatsubara and include the vibrational transducers being responsive to one or more vibration control signals (Komatsubara: FIG. 8 Drive Coil 56, Coil Bobbin 55, Caps 52A, 52B drive current is supplied to the drive coil 56, the coil bobbin 55 moves in a reciprocal motion in response to the magnetic flux in the air gap, caps 52A and 52B are vibrated as set forth in [Column 4 Lines 45 – 50]). Doing so would allow for the vibrational transducers to operate in a controlled manner within a range of lowest resonance frequency and reduced resonance sharpness [Komatsubara: Column 1 Lines 42-47 and Column 1 Lines 14-26].
Alderman as modified fails to explicitly disclose a control device communicatively coupled with an audio output device and operative to generate, based on an experience file or streaming content, one or more vibration control signals in synchronization with audio delivered by the audio output device.
However, Cohen teaches a control device (Cohen: Software operated by a user via direct connection as set forth in [0180]) communicatively coupled with an audio output device and operative to generate, based on an experience file or streaming content, one or more vibration control signals in synchronization with audio delivered by the audio output device (Cohen: FIG. 2 Chair 20 comprises an audio signal source (i.e. a sound source), such as but not limited to a CD player or MP3 device, adapted to play amplified, layered music or music containing much of the audio frequency range (20 Hz to 20,000 Hz) through one or more electromagnetic drivers that generate synchronized sound and vibration as set forth in [0050], the speed of revolution and degree of pitch and yaw can be programmed in a manner to by synchronized to the tempo of the music played, or synchronized to the content of whatever sound and vibration is generated from the electromagnetic drivers, controlled by software operated by a user via direct connection as set forth in [0180]).
Alderman and Cohen are both considered to be analogous to the claimed invention because they are in the same field of body-sensible vibrational devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Cohen and include a control device (Cohen: Software operated by a user via direct connection as set forth in [0180]) communicatively coupled with an audio output device and operative to generate, based on an experience file or streaming content, one or more vibration control signals in synchronization with audio delivered by the audio output device (Cohen: FIG. 2 Chair 20 comprises an audio signal source (i.e. a sound source), such as but not limited to a CD player or MP3 device, adapted to play amplified, layered music or music containing much of the audio frequency range (20 Hz to 20,000 Hz) through one or more electromagnetic drivers that generate synchronized sound and vibration as set forth in [0050], the speed of revolution and degree of pitch and yaw can be programmed in a manner to by synchronized to the tempo of the music played, or synchronized to the content of whatever sound and vibration is generated from the electromagnetic drivers, controlled by software operated by a user via direct connection as set forth in [0180]). Doing so would provide an improved therapeutic effect, producing a very potent neuro-psychological relaxation response and an energetic effect to both counteract stress and also aid in spiritual development since music that is heard stimulates the auditory cortex directly, music that is felt directly by the person's body stimulates the much larger somatosensory cortex, thereby simultaneously impacting more of the brain's primary sensory cortex (Cohen: As set forth in [0003] and [0007]).
Alderman as modified fails to explicitly disclose the control device is a control board.
However, Fich teaches a control board on the therapeutic bed (Fich: FIG. 1 Control panel on bed 1 as set forth in [0047]).
Alderman and Fich are both considered to be analogous to the claimed invention because they are in the same field of body-sensible vibrational devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Fich and make the control device a control board (Fich: FIG. 1 Control panel on bed 1 as set forth in [0047]). Doing so provides a well-known element of a control system in the art of the claimed invention.
Regarding claim 2, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Alderman further discloses the vibroacoustic therapy bed (FIG. 1), wherein in the flat configuration, the vibroacoustic therapy bed comprises a head end and a foot end (FIG. 4 Flat configuration with a head and foot end as indicated in the annotated figure below),
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and wherein in the stowable configuration the head end and the foot end of the vibroacoustic therapy bed come at least substantially in contact (FIG. 10 and 6 Device in folded-up configuration with the head and foot end in contact shown in the annotated figure below).
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Regarding claim 3, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Alderman further discloses the vibroacoustic therapy bed (FIG. 1), wherein the pad (FIG. 2 and 3 Layer 16, 24) comprises a plurality of sections (FIG. 1-4 Panels 12 and 13) with hinge lines between adjacent sections substantially aligned with the hinge connections between the adjacent base elements (FIG. 2 and 4 Hinge 14 between adjacent sections 12 and 13),
and wherein the pad is folded along the hinge lines in the stowable configuration (FIG. 6 shows the panels folded in one folded-up position about the hinge as set forth in [column 2 Lines 12 – 13] as well as FIG. 10).
Regarding claim 7, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Alderman further discloses the vibroacoustic therapy bed (FIG. 1), wherein at least one of the base elements (FIG. 1 second layers 17 and 25) comprises a hinged top plate (FIG. 2 Layer 26) that enables access to an interior compartment (FIG. 1 Slit 29 opens into a pocket as set forth in [Column 3 lines 18-20] and shown in the annotated figures below).
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Regarding claim 10, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Alderman further discloses the vibroacoustic therapy bed (FIG. 1), wherein the hinge connections (FIG. 2 Hinge 14) comprise:
a connecting bracket (FIG. 2 Inner strip 37 and as set forth in [Column 3 Lines 62-65]) coupling to both of the adjacent base elements (FIG. 2 second layers 17 and 25);
respective securing brackets (FIG. 2 Backfolded section 38A and 38B as set forth in [Column 3 Line 66 – Column 4 Line 2]) coupled to each of the adjacent base elements.
Alderman does not specifically teach respective fasteners (FIG. 2 Outer strip 38) coupling the respective securing brackets to the connecting bracket.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention that the fastener (FIG. 2 Outer strip 38) would have some type of adhesive supplied in order to connect the securing bracket (FIG. 2 Backfolded section 38A and 38B as set forth in [Column 3 Line 66 – Column 4 Line 2]) and connecting bracket (FIG. 2 Inner strip 37 and as set forth in [Column 3 Lines 62-65]). Thus, in the modified Alderman, the respective securing brackets are pivotable with respect to the connecting bracket about the respective fasteners (Shown in FIG. 2, 6, and 10).
Regarding claim 11, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Alderman further discloses the vibroacoustic therapy bed (FIG. 1), wherein the hinge connections comprise: first securing structures (FIG. 5 Ends of inner strip 37 as shown in the annotated figure below),
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for mating with reciprocal securing structures (FIG. 5 and 6 Side portions of strip 38 as shown in the annotated figure below) of the adjacent base elements (FIG. 5 and 6 Layers 17 and 25) for securing the vibroacoustic therapy bed in the flat configuration;
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and second structures (FIG. 6 End segments 28 and end portion 17A) for mating (Shown in the annotated figure 6 below) with the reciprocal securing structures (FIG. 5 and 6 Side portions of strip 38) of the adjacent base elements for securing the vibroacoustic therapy bed in the stowable configuration (FIG. 6 demonstrates a folded-up configuration).
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Claims 4-6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Alderman (US 5639145 A), in view of Komatsubara (US 4967871 A), Cohen (US 20200246579 A1), and Fich (US 20160250087 A1) as applied to claim 1, in further view of Cao (US 20110072587 A1).
Regarding claim 4, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Alderman does not explicitly disclose the vibroacoustic therapy bed, wherein the base elements comprise n triangular prisms each having two triangular faces and three trapezoidal faces.
However, Cao teaches the base elements comprise n triangular prisms each having two triangular faces (Cao: FIG. 1 Foam profiles 12 as set forth in [0031].
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to include base elements comprise n triangular prisms each having two triangular faces in the Alderman device because Applicant has not disclosed that the base elements comprising n triangular prisms each having two triangular faces and three trapezoidal faces provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected the base elements of Cao, and the base elements of the Applicant, to perform equally well because both mechanisms perform the same function of providing support for the device and allowing for a stowable configuration.
Alderman and Cao are both considered to be analogous to the claimed invention because they are in the same field of bed forms that can be stowed away. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Cao and include the base elements comprise n triangular prisms each having two triangular faces (Cao: FIG. 1 Foam profiles 12 as set forth in [0031]. Doing so would allow for easy bending and curling of the cushion (Cao: [0041]). Further, it would have been prima facie obvious to modify Alderman to obtain the invention as specified in claim 4 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired shape of the base elements for the purpose of providing support and allowing for a stowable configuration and thus fails to patentably distinguish over the prior art of Alderman modified by Cao.
Regarding claim 5, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 4 above.
Alderman does not explicitly disclose the vibroacoustic therapy bed of, wherein in the flat configuration, lower vertex edges of the respective triangular prisms each rest on the ground and upper trapezoidal faces of the triangular prisms opposite the lower edges collectively form a substantially parallel surface supporting the pad, and wherein in the stowable configuration, the triangular prisms are pivoted into a prism structure having two n-sided polygon exterior faces formed from the triangular faces of the n triangular prisms and the prism structure has n trapezoidal exterior faces corresponding to the upper trapezoidal faces of the base elements.
However, Cao teaches wherein in the flat configuration (Cao: FIG. 1), the lower vertex edges (Cao: FIG. 1 Bottom surfaces 15) of the respective triangular prisms (Cao: FIG. 1 Foam profiles 12) each rest on the ground and upper faces of the triangular prisms opposite the lower edges collectively form a substantially parallel surface (Cao: Shown in annotated FIG. 1 below) supporting the pad (Cao: FIG. 1 Cushion 11),
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and wherein in the stowable configuration (Cao: Shown in the partially rolled section of FIG. 5), the triangular prisms are pivoted into a prism structure having two n-sided polygon exterior faces formed from the triangular faces of the n triangular prisms and the prism structure has n exterior faces corresponding to the upper faces of the base elements (Cao: Shown in annotated FIG. 5 below).
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It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Cao and include wherein in the flat configuration (Cao: FIG. 1), the lower vertex edges (Cao: FIG. 1 15) of the respective triangular prisms (Cao: FIG. 1 Foam profiles 12) each rest on the ground and upper faces of the triangular prisms opposite the lower edges collectively form a substantially parallel surface (Cao: Shown in annotated FIG. 1) supporting the pad (Cao: FIG. 1 Pad 11), and wherein in the stowable configuration (Cao: Shown in the partially rolled section of FIG. 5), the triangular prisms are pivoted into a prism structure having two n-sided polygon exterior faces formed from the triangular faces of the n triangular prisms and the prism structure has n trapezoidal exterior faces corresponding to the upper trapezoidal faces of the base elements (Cao: Shown in annotated FIG. 5). Doing so would allow for the cushion to be more easily transported or stored (Cao: Abstract).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the upper faces of the triangular prisms and the exterior faces corresponding to the upper faces of the base elements have a trapezoidal shape in the Alderman device because Applicant has not disclosed that the upper faces of the triangular prisms and the exterior faces corresponding to the upper faces of the base elements having a trapezoidal shape provides an advantage, is used for a particular purpose, or solves a stated problem. The trapezoidal shape of the faces has no effect on any functions shown in the specification. One of ordinary skill in the art, furthermore, would have expected the base elements of Cao, and the base elements of the Applicant, to perform equally well because both mechanisms perform the same function of providing support for the device and allowing for a stowable configuration (Cao: Abstract). Therefore, it would have been prima facie obvious to modify Alderman to obtain the invention as specified in claim 5 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired shape of the base elements and thus fails to patentably distinguish over the prior art of Alderman modified by Cao.
Regarding claim 6, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 4 above.
Alderman as modified does not explicitly disclose the vibroacoustic therapy bed, wherein n = 6.
However, Cao teaches wherein n = 12 (Cao: Where n is the number of triangular prism base elements shown in annotated FIG. 1 below).
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While Alderman as further modified by Cao discloses n = 12 as shown above, It does not explicitly disclose n = 6.
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to include n = 6 base elements in the Alderman device because the applicant has not disclosed that having exactly 6 base elements provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, for example, a vibroacoustic therapy bed may have n base elements that roll into an n-sided polygonal prism in the stowable configuration, where n is an integer >1 [0029]. Having a different number of base elements does not affect the ability of the device to roll into a stowable configuration. One of ordinary skill in the art, furthermore, would have expected n = 12 base elements of Cao, and the n = 6 base elements of the Applicant, to perform equally well because both mechanisms perform the same function of providing support for the device and allowing for a stowable configuration.
Therefore, it would have been prima facie obvious to modify Alderman to obtain the invention as specified in claim 6 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired number of the base elements for the purpose of providing support and allowing for a stowable configuration and thus fails to patentably distinguish over the prior art of Alderman modified by Cao.
Regarding claim 19, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Alderman as further modified by Cao further teaches wherein the base elements comprises a triangular prism (Cao: FIG. 1 Foam profiles 12) having two triangular faces (Cao: FIG. 1 End faces of the triangular prism foam profiles 12 as shown in the annotated figure below).
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While Alderman as further modified by Cao discloses three rectangular faces, it does not explicitly disclose three trapezoidal faces.
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to include three trapezoidal faces to the base elements in the Alderman device because the applicant has not disclosed that having trapezoidal shaped base elements provides an advantage, is used for a particular purpose, or solves a stated problem. Having a different shape of base elements does not affect the ability of the device to roll into a stowable configuration or support the bed itself. One of ordinary skill in the art, furthermore, would have expected three rectangular shaped faces to the base elements of Cao, and the three trapezoidal shaped faces to the base elements of the Applicant, to perform equally well because both mechanisms perform the same function of providing support for the device and allowing for a stowable configuration.
Therefore, it would have been prima facie obvious to modify Alderman to obtain the invention as specified in claim 19 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired number of the base elements for the purpose of providing support and allowing for a stowable configuration and thus fails to patentably distinguish over the prior art of Alderman modified by Cao.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Alderman (US 5639145 A), in view of Komatsubara (US 4967871 A), Cohen (US 20200246579 A1), and Fich (US 20160250087 A1) as applied to claim 1, in further view of Smith (US 20150070877 A1).
Regarding claim 8, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Alderman does not explicitly disclose the vibroacoustic therapy bed, wherein the plurality of base elements further include: one or more integrated light emitting devices to project light in response to a lighting control signal.
However, Smith teaches one or more integrated light emitting devices to project light in response to a lighting control signal (Smith: FIG. 3 and set forth in [0024]-[0035], [0014], and Abstract).
Smith is considered to be analogous to the claimed invention because they are in the same field of providing a lighting element to illuminate the ground. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Smith and include one or more integrated light emitting devices to project light in response to a lighting control signal (Smith: FIG. 3 and set forth in [0024]-[0035], [0014], and Abstract). Doing so would enable the user to perceive and anticipate obstacles and hazards while traveling in areas of extreme visual impairment, for example evening/night locations with low or no light (Smith: [0014]).
Regarding claim 9, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 8 above.
Alderman does not explicitly disclose the vibroacoustic therapy bed, wherein the one or more integrated light emitting devices are mounted in angled recesses of the base elements to project light onto the ground outside a footprint of the vibroacoustic therapy bed in the flat configuration.
However, Smith teaches wherein the one or more integrated light emitting devices are mounted in angled recesses (Smith: Light emitting diodes (LED) integrated into the cane shown by FIG. 1 and FIG. 3 and set forth in [0024]-[0035], [0014], and Abstract) of the base elements (Smith: FIG. 1 Cane) to project light onto the ground outside a footprint of the device (Smith: FIG. 1 Illuminated mobility enhancing cane).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Smith and include one or more integrated light emitting devices are mounted in angled recesses (Smith: Light emitting diodes (LED) integrated into the cane shown by FIG. 1 and FIG. 3 and set forth in [0024]-[0035], [0014], and Abstract) of the base elements (Smith: FIG. 1 Cane) to project light onto the ground outside a footprint of the device (Smith: FIG. 1 Illuminated mobility enhancing cane). Doing so would enable the user to perceive and anticipate obstacles and hazards while traveling in areas of extreme visual impairment, for example evening/night locations with low or no light (Smith: [0014]).
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 107374160 A), in view of Cohen (US 20200246579 A1), and Fich (US 20160250087 A1).
Regarding claim 1, Wang discloses a vibroacoustic therapy bed (Wang: FIG. 1) comprising: a pad (Wang: FIG. 1 Roller massage balls 4); and a plurality of base elements (Wang: FIG. 1 Trapezoidal Support Plates) coupled by hinge connections (Wang: FIG. 1 Rotating Shafts 2) between adjacent base elements, the base elements including at least one vibrational transducer (Wang: FIG. 4 Massage core rod 12 as set forth in [0026]) for generating vibrations; wherein the vibroacoustic therapy bed is configurable between: a flat configuration in which the pad is substantially flat and is supported by the base elements (Wang: As shown in FIG. 1), and a stowable configuration in which the vibroacoustic therapy bed is pivoted about the hinge connections coupling the adjacent base elements such that the pad forms an outer surface around the base elements (Wang: As shown in annotated FIG. 5 below).
Wang fails to explicitly disclose a control device communicatively coupled with an audio output device and operative to generate, based on an experience file or streaming content, one or more vibration control signals in synchronization with audio delivered by the audio output device.
However, Cohen teaches a control device (Cohen: Software operated by a user via direct connection as set forth in [0180]) communicatively coupled with an audio output device and operative to generate, based on an experience file or streaming content, one or more vibration control signals in synchronization with audio delivered by the audio output device (Cohen: FIG. 2 Chair 20 comprises an audio signal source (i.e. a sound source), such as but not limited to a CD player or MP3 device, adapted to play amplified, layered music or music containing much of the audio frequency range (20 Hz to 20,000 Hz) through one or more electromagnetic drivers that generate synchronized sound and vibration as set forth in [0050], the speed of revolution and degree of pitch and yaw can be programmed in a manner to by synchronized to the tempo of the music played, or synchronized to the content of whatever sound and vibration is generated from the electromagnetic drivers, controlled by software operated by a user via direct connection as set forth in [0180]).
Wang and Cohen are both considered to be analogous to the claimed invention because they are in the same field of body-sensible vibrational devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teaching of Cohen and include a control device (Cohen: Software operated by a user via direct connection as set forth in [0180]) communicatively coupled with an audio output device and operative to generate, based on an experience file or streaming content, one or more vibration control signals in synchronization with audio delivered by the audio output device (Cohen: FIG. 2 Chair 20 comprises an audio signal source (i.e. a sound source), such as but not limited to a CD player or MP3 device, adapted to play amplified, layered music or music containing much of the audio frequency range (20 Hz to 20,000 Hz) through one or more electromagnetic drivers that generate synchronized sound and vibration as set forth in [0050], the speed of revolution and degree of pitch and yaw can be programmed in a manner to by synchronized to the tempo of the music played, or synchronized to the content of whatever sound and vibration is generated from the electromagnetic drivers, controlled by software operated by a user via direct connection as set forth in [0180]). Doing so would provide an improved therapeutic effect, producing a very potent neuro-psychological relaxation response and an energetic effect to both counteract stress and also aid in spiritual development since music that is heard stimulates the auditory cortex directly, music that is felt directly by the person's body stimulates the much larger somatosensory cortex, thereby simultaneously impacting more of the brain's primary sensory cortex (Cohen: As set forth in [0003] and [0007]).
Wang as modified fails to explicitly disclose the control device is a control board.
However, Fich teaches a control board on the therapeutic bed (Fich: FIG. 1 Control panel on bed 1 as set forth in [0047]).
Wang and Fich are both considered to be analogous to the claimed invention because they are in the same field of body-sensible vibrational devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teaching of Fich and make the control device a control board (Fich: FIG. 1 Control panel on bed 1 as set forth in [0047]). Doing so provides a well-known element of a control system in the art of the claimed invention.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 107374160 A), in view of Cohen (US 20200246579 A1), and Fich (US 20160250087 A1), in further view of Komatsubara (US 4967871 A).
Regarding claim 12, Wang as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Wang does not explicitly disclose the vibroacoustic therapy bed of claim wherein each of the base elements comprises an isolation element for attenuating transfer of vibrational energy from the vibrational transducer to the ground.
However, Komatsubara teaches wherein each of the base elements (Komatsubara: FIG. 5 1a and 1b) comprises an isolation element (Komatsubara: FIG. 8 Outer case 51 in combination with the dampers 54) for attenuating transfer of vibrational energy from the vibrational transducer to the ground (Komatsubara: Irregular and residual vibration is eliminated as set forth in [Column 5 Lines 35 – 38]). Komatsubara further teaches an electromechanical vibration converter (Komatsubara: [Column 1 Lines 42 – 47]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibration transducer on Wang with the vibrational transducer of Komatsubara which comprise an isolation element. One skilled in the art would be motivated to do so because it would allow for the Irregular and residual vibration to be eliminated (Komatsubara: Set forth in [Column 5 Lines 35 – 38]). Further, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teaching of Komatsubara and replace the vibrational transducer of Wang with the electromechanical vibration converter of Komatsubara (Komatsubara: [Column 1 Lines 42 – 47]). They both provide the function of sending vibrations to the top plate of the base element; however, electromechanical vibration converters have increased ranges of the lowest resonance frequency and reduced resonance sharpness. (Komatsubara: [Column 1 Lines 42 – 47]). Other vibrational transducers may leak sounds or may not be sensed by the human body if the vibration is not sufficient (Komatsubara: [Column 1 Lines 31 – 41]).
Modified Wang does not specifically disclose a location in which the isolation element is integrated into the base element.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the base elements of Wang to house the isolation element of Komatsubara inside of them. Doing so allows for the same desired function of massaging by providing vibrations to the top plate.
To further explain, the base elements of Wang (Wang: FIG. 1 Wang: FIG. 1 Trapezoidal Support Plates) are being modified to house the isolation element of Komatsubara (Komatsubara: FIG. 8 Outer case 51 in combination with the dampers 54) inside of them. The isolation element will be positioned within the base element so that the upper frame (Komatsubara: The top face of the isolation element FIG. 8 shown in the annotated figure below) of the isolation element is fastened to the top plate (Wang: FIG. 1 and 5 Bottom surface of Sponge 3 shown in the annotated figure below) and the lower frame (Komatsubara: The side face of the isolation element FIG. 8 shown in the annotated figure below) of the isolation element is fastened to the inside of the trapezoidal side face of the base element (Wang: FIG. 1 and 5 Trapezoidal Support Plates shown in the annotated figures below).
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Wang does not explicitly disclose the vibrational transducers being responsive to one or more vibration control signals.
However, Komatsubara teaches vibrational transducers (Komatsubara: FIG. 8 Electromechanical vibration converter) being responsive to one or more vibration control signals (Komatsubara: FIG. 8 Drive Coil 56, Coil Bobbin 55, Caps 52A, 52B drive current is supplied to the drive coil 56, the coil bobbin 55 moves in a reciprocal motion in response to the magnetic flux in the air gap, caps 52A and 52B are vibrated as set forth in [Column 4 Lines 45 – 50]).
Wang and Komatsubara are both considered to be analogous to the claimed invention because they are in the same field of body-sensible vibrational devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teaching of Komatsubara and include the vibrational transducers being responsive to one or more vibration control signals (Komatsubara: FIG. 8 Drive Coil 56, Coil Bobbin 55, Caps 52A, 52B drive current is supplied to the drive coil 56, the coil bobbin 55 moves in a reciprocal motion in response to the magnetic flux in the air gap, caps 52A and 52B are vibrated as set forth in [Column 4 Lines 45 – 50]). Doing so would allow for the vibrational transducers to operate in a controlled manner within a range of lowest resonance frequency and reduced resonance sharpness [Komatsubara: Column 1 Lines 42-47 and Column 1 Lines 14-26].
Claim 13-14 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 107374160 A), in view of Komatsubara (US 4967871 A) , Cohen (US 20200246579 A1), and Fich (US 20160250087 A1) as applied to claim 12, in further view of Chen (CN 208256964 U).
Regarding claim 13, Wang as modified discloses the claimed invention substantially as claimed as set forth for claim 12 above.
Wang discloses the vibroacoustic therapy bed (Wang: FIG. 1), a top plate (Wang: FIG. 1 and 5 Bottom surface of Sponge 3), and a side face of the base element (Wang: FIG. 1 and 5 The inside of side face of the trapezoidal support plates).
Wang does not explicitly disclose the vibroacoustic therapy bed, wherein the isolation element comprises: an upper frame including one or more securing structures for securing to a top plate of the base element including the vibrational transducer; a lower frame for securing between a side face of the base element and the upper frame; and one or more elastic spacers between the lower frame and the upper frame for absorbing the vibrational energy.
However, Komatsubara teaches wherein the isolation element (Komatsubara: FIG. 8) comprises: an upper frame (Komatsubara: The top face of the isolation element FIG. 8), a vibrational transducer (Komatsubara: FIG. 8 drive coil 56 and coil bobbin 55 as set forth in [Column 4 Lines 45 - 51]); a lower frame (Komatsubara: The side face of the isolation element FIG. 8 shown in the annotated figure below) for securing between a side face of the base element and the upper frame; and one or more elastic spacers (Komatsubara: FIG. 8 rubber dampers 54 as set forth in [Column 4 Lines 52 - 56]) between the lower frame and the upper frame for absorbing the vibrational energy.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teaching of Komatsubara and include wherein the isolation element (Komatsubara: FIG. 8) comprises: an upper frame (Komatsubara: The top face of the isolation element FIG. 8), a vibrational transducer (Komatsubara: FIG. 8 drive coil 56 and coil bobbin 55 as set forth in [Column 4 Lines 45 - 51]); a lower frame (Komatsubara: The side face of the isolation element FIG. 8 shown in the annotated figure below) for securing between a side face of the base element and the upper frame; and one or more elastic spacers (Komatsubara: FIG. 8 rubber dampers 54 as set forth in [Column 4 Lines 52 - 56]) between the lower frame and the upper frame for absorbing the vibrational energy. Doing so would allow for and provide appropriate elasticity and resistance to the vibrational transducer (Komatsubara: [Column 5 Lines 1-3]).
Wang as modified by Komatsubara does not explicitly disclose one or more securing structures for securing to a top plate of the base element.
However, Chen teaches one or more securing structures (Chen: FIG. 1 Clip Connector) for securing.
Integrating the securing structure so that the contact part (Chen: FIG. 1 30) is part of the top plate of Wang (Wang: FIG. 1 and 5 Bottom surface of Sponge 3) and the welding portion (Chen: FIG. 1 40) is connected to the upper frame of the isolation element of Komatsubara (Komatsubara: The top face of the isolation element FIG. 8) would allow for the top plate to be removeable from the isolation element.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teaching of Chen and include one or more securing structures (Chen: FIG. 1 Clip Connector) for securing. Doing so would provide a clip connector that has along service life, good in elasticity, not easy to deform, will not fall off of the clip connector, and is convenient to process, high in efficiency and low in cost (Chen: [0003]).
Regarding claim 14, Wang as modified discloses the claimed invention substantially as claimed as set forth for claim 13 above.
Wang as modified by Komatsubara, further modified by Chen further teaches the vibroacoustic therapy bed, wherein the one or more securing structures of the upper frame comprises: a clip (Chen: FIG. 1 Connecting part 22, groove 11 and table 21) for securing a spring connector (Chen: FIG. 1 Elastic part 20) between the upper frame and the top plate of the base element to enable movement of the top plate relative to the upper frame.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Alderman (US 5639145 A), in view of Komatsubara (US 4967871 A), Cohen (US 20200246579 A1), and Fich (US 20160250087 A1) as applied to claim 1, in further view of Migneco (US 20190344043 A1).
Regarding claim 15, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Alderman does not explicitly disclose the vibroacoustic therapy bed, wherein each of the base elements comprises: a load sensor to sense a load applied to a top plate of the base element under the pad.
However, Migneco teaches wherein each of the base elements comprises: a load sensor (Migneco: FIG. 1A biometric sensors 52) to sense a load applied (Migneco: FIG. 1a ECU can be a type of load sensor is set forth in [0046] as movement and severity of movement are detected) to a top plate (Migneco: FIG. 1A Sensor Assembly 50) of the base element under the pad (Migneco: FIG. 1A Top surface of the Seat base 26 and seat back 28 shown in the annotated figure below).
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Alderman and Migneco are both considered to be analogous to the claimed invention because they are in the same field of vibrational therapy assemblies. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Migneco and include wherein each of the base elements comprises: a load sensor (Migneco: FIG. 1A biometric sensors 52) to sense a load applied (Migneco: FIG. 1a and 4 ECU 40 can work with sensor assembly set forth in [0046] as movement and severity of movement are detected) to a top plate (Migneco: FIG. 1A Sensor Assembly 50) of the base element under the pad (Migneco: FIG. 1A Top surface of the Seat base 26 and seat back 28). Doing so would allow for the detection the device being used by a user (Migneco: Sensor assembly set forth in [0046] as movement and severity of movement are detected).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Alderman (US 5639145 A), in view of Komatsubara (US 4967871 A), Cohen (US 20200246579 A1), and Fich (US 20160250087 A1) as applied to claim 1, in further view of Quintana (US 20050080362 A1).
Regarding claim 16, Alderman as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Alderman as modified does not explicitly disclose the vibroacoustic therapy bed, wherein each of the base elements comprises: a proximity sensor to detect removal of a top plate of the base element; and a control mechanism to disable electronics of the base element responsive to detecting the removal.
However, Quintana teaches a proximity sensor used to detect proper removal or attachment of device components (FIG. 5 Eyelet 33 and peg 34 may have sensor that detects proper engagement, [0027] lines 9 - 18, belt spline 66 fits into drive spool slot 97, [0041] line 3 - 4, slot equipped with sensor that detects engagement of spline, [0044] lines 13 - 21), and a control mechanism to disable electronics of the device responsive to detecting the removal (Quintana: [0044]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Alderman to incorporate the teaching of Quintana and include a proximi