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
This Office Action is in response to the amendments filed on 09/03/2025, as directed by the Non-Final Rejection on 04/03/2025. Claims 1, 5-6, 8, 12, 14-15 are amended. Claims 9 and 13 are canceled. Claims 16-18 are new. Claims 1-8, 10-12, 14-18 are pending in the instant application. The previous rejections are withdrawn as necessitated by amendment. However, new rejections are made below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10-12, 14-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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: “a vibration module configured to provide the vibration therapy” in claim 5.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-8, 10, 13, 15, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Breiter (US 2021/0052418 A1) in view of Brooks (US 2016/0299543 A1) and Ramdas (U.S 2014/0200487 A1).
Regarding claim 1, Breiter teaches a therapy device (Abstract), comprising:
a therapy pad (heating and/or cooling pad 12, see Fig. 1-3 and Paragraph 0066) comprising:
an adhesive layer configured to adhere the therapy pad to a skin surface of a user (adhesive surface 1210, see Paragraph 0066, the adhesive surface is brought into contact with the skin to hold the pad in place); and
a temperature sensor coupled to the heat generation module and configured to measure a temperature of the heat generation module (Paragraph 0034-0036, 0127, a temperature sensor can measure the temperature of the pad 12, which can dictate the energy provided to the heating/cooling element to control the heating/cooling provided; also see Paragraph 0133);
a control unit coupled to the therapy pad (control unit 14, see Paragraph 0072 and Fig. 3A-3B, the control unit is coupled to the pad) and configured to:
provide temperature therapy to the skin surface of the user via the therapy pad (Paragraph 0072-0078, the control unit adjust and modulates powder provided to the heating/cooling elements 26 to provide temperature therapy to the user) wherein the control unit is configured to:
provide vibration therapy to the skin surface of the user (Paragraph 0047, 0077, 0126, the device 10 can include a vibration generator 42 which can translate mechanical/vibrational energy to the skin of the patient; It is noted that Applicant does not specify the location of any vibrational components).
Breiter is silent regarding wherein the therapy pad comprises: a heat generation module comprising a resistive wire and a heat spreader configured to distribute thermal energy generated by the resistive component across an area of the heat spreader.
However, Brooks teaches wherein a therapy pad comprises a heat generation module comprising a resistive wire and a heat spreader configured to distribute thermal energy generated by the resistive component across an area of the heat spreader (Paragraph 0041-0043 and Figs. 1-3 and 7, the heating element can be a wire with a graphene sheet that acts as a heat spreader generated by the wire; The heating is spread across the graphene sheet to distribute the heat).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to include a resistive component with heat spreader to provide the temperature therapy, such as that taught by Brooks, in order to spread and disperse the generated heat throughout the interface (Paragraph 0017, 0036, 0038, 0041) and to use a known structure to provide heat therapy.
Breiter is silent regarding a thermal insulator layer and wherein the heat generation module and the temperature sensor are both positioned between the thermal insulator layer and the adhesive layer.
However, Ramdas teaches a heating/cooling therapy pad which includes a thermal insulator layer and wherein the heat generation module and the temperature sensor are both positioned between the thermal insulator layer and the adhesive layer (see Figs. 3A; The therapy applicator pad can include insulation layer 9, heat/cold transducer 10 and temperature sensor 11; also see Paragraph 0040 and Claim 12, the applicator can include an adhesive layer to affix the applicator to the skin for treatment, which would be on the opposite side of the top 7, and at the bottom at element 12; Thus, the heat module 10 and temperature sensor 11 are between the insulation layer 9 and the adhesive layer at the bottom of the applicator).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to have included a thermal insulator layer and to place the heat module and temperature sensors between the thermal insulator layer and the adhesive, such as that taught by Ramdas, in order to isolate the heat from the rest of the device and to prevent degradation of other components such as ultrasonic vibration modules from the transmitted heat (Paragraph 0086; The insulator prevents heat from transmitting upwards towards the other electrical components/transducers).
Regarding claim 2, the modified device of Breiter discloses the device of claim 1.
Breiter further discloses wherein the control unit is further configured to: receive one or more control instructions for controlling the temperature therapy and/or the vibration therapy (Paragraph 0034-0036, a temperature sensor can provide signals to the control unit to dictate amount of heating or cooling of the pad to maintain appropriate levels for the skin, or within a threshold; also see Paragraph 0074 regarding signal processor 16 which receives signals relevant to operation of the control unit, which can come externally).
Regarding claim 4, the modified device of Breiter discloses the device of claim 2.
Breiter further discloses wherein the control unit comprises one or more input devices and wherein the control unit is further configured to receive the one or more control instructions via the one or more input devices (Paragraph 0074 and 0081-0082, the control unit can receive signals or instructions relevant to the operation of the control unit; Additional sensors such as posture sensors, EMG sensors, 3D gyro sensors or acceleration and strain gauges can include the input to 117 for the signal processor 16, which in turn dictates operation of the heating/cooling elements).
Regarding claim 5, the modified device of Breiter discloses the device of claim 1.
Breiter further discloses wherein the control unit further comprises: a vibration module configured to provide the vibration therapy (see Fig. 4 and Paragraph 0077 and 0126, the control unit 14 can include a vibration generator 42 which transmits mechanical energy to the skin of the user); and a power supply module configured to provide electrical power to the vibration module and the heat generation module (Paragraphs 0009 and 0020-0021, 0072, 0094; A battery can provide power for the vibration module and heater/cooler; External power supplies can also charge/supply the power for the device).
Regarding claim 6, the modified device of Breiter discloses the device of claim 1.
Breiter further discloses a coupling mechanism, wherein the pad and the control unit are configured to removably couple via the coupling mechanism (electrical/magnetic connector 18a/b and 20a/b, see Fig. 3A-B and Paragraph 0097-0098, 0102; The pad and control unit can be removably separated from one another via magnetic connector 20 with connecting elements 20a/b).
Regarding claim 7, the modified device of Breiter discloses the device of claim 6.
Breiter further discloses wherein the coupling mechanism comprises one or more magnets (Paragraph 0097-0098, 0102; Magnetic connector 20 includes magnet elements 20a/b which correspond to a connecting metal button).
Regarding claim 8, the modified device of Breiter discloses the device of claim 6.
Breiter further discloses wherein the control unit further comprises the coupling mechanism and wherein the therapy pad further comprises: a coupling connector configured to removably couple to the coupling mechanism (Paragraph 0097-0098, 0102 and Fig. 3A-B; The control unit comprises a first coupling component/mechanism in the magnetic 20a, and the pad further comprises a connecting component 20b which magnetically connects to the element 20a for removable coupling; Additionally, there is a similar electrical coupling mechanism 18a/b in addition to the magnetic coupling).
Regarding claim 10, Breiter discloses the device of claim 1.
Breiter is silent regarding wherein the adhesive layer is disposed on the heat spreader.
However, Brooks further teaches that thermally conductive adhesives can be used to spread and disperse the flow of heat (Paragraph 0036). Breiter additionally teaches that the adhesive is meant to bring the heating/cooling elements into close contact with the skin (Abstract, Paragraph 0013-0014) and that the heat is distributed and is most important at the adhesive surface of the pad (Paragraph 0037).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to include the adhesive layer disposed on the heat spreader, such as that taught by Brooks and Breiter, in order to transfer the heat at the interface between the pad and the skin (Paragraph 0037).
Regarding claim 14, Breiter discloses a therapy pad (heating and/or cooling pad 12, see Fig. 1-3 and Paragraph 0066) comprising:
a coupling connector configured to removably couple a control unit (control unit 14, see Paragraph 0072 and Fig. 3A-3B, the control unit is coupled to the pad; The pad includes an electrical/magnetic connector 18b and 20b, see Fig. 3A-B and Paragraph 0097-0098, 0102; The pad and control unit can be removably separated from one another via magnetic connector 20 with connecting elements 20a/b and via electrical connector 18a/b),
a heat generation module comprising a resistive component (Paragraph 0071, 0103, the heating and/or cooling element in the pad 12 can be a heating film or wire mesh, which are resistive heaters);
a temperature sensor coupled to the heat generation module and configured to measure a temperature at the heat generation module (Paragraph 0034-0036, 0127, a temperature sensor can measure the temperature of the pad 12, which can dictate the energy provided to the heating/cooling element to control the heating/cooling provided; also see Paragraph 0133); and
an adhesive layer (adhesive surface 1210, see Paragraph 0066, the adhesive surface is brought into contact with the skin to hold the pad in place).
Breiter is silent regarding wherein the heat generation module comprising a resistive component and a heat spreader configured to distribute thermal energy generated by the resistive component across an area of the heat spreader.
However, Brooks teaches wherein a therapy pad comprises a heat generation module comprising a resistive wire and a heat spreader configured to distribute thermal energy generated by the resistive component across an area of the heat spreader (Paragraph 0041-0043 and Figs. 1-3 and 7, the heating element can be a wire with a graphene sheet that acts as a heat spreader generated by the wire; The heating is spread across the graphene sheet to distribute the heat).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to include a resistive component with heat spreader to provide the temperature therapy, such as that taught by Brooks, in order to spread and disperse the generated heat throughout the interface (Paragraph 0017, 0036, 0038, 0041) and to use a known structure to provide heat therapy.
Breiter is silent regarding a thermal insulator layer and wherein the heat generation module and the temperature sensor are both positioned between the thermal insulator layer and the adhesive layer.
However, Ramdas teaches a heating/cooling therapy pad which includes a thermal insulator layer and wherein the heat generation module and the temperature sensor are both positioned between the thermal insulator layer and the adhesive layer (see Figs. 3A; The therapy applicator pad can include insulation layer 9, heat/cold transducer 10 and temperature sensor 11; also see Paragraph 0040 and Claim 12, the applicator can include an adhesive layer to affix the applicator to the skin for treatment, which would be on the opposite side of the top 7, and at the bottom at element 12; Thus, the heat module 10 and temperature sensor 11 are between the insulation layer 9 and the adhesive layer at the bottom of the applicator).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to have included a thermal insulator layer and to place the heat module and temperature sensors between the thermal insulator layer and the adhesive, such as that taught by Ramdas, in order to isolate the heat from the rest of the device and to prevent degradation of other components such as ultrasonic vibration modules from the transmitted heat (Paragraph 0086; The insulator prevents heat from transmitting upwards towards the other electrical components/transducers).
Regarding claim 15, the modified device of Breiter discloses a method for controlling a therapy device, comprising:
receiving, by a control unit (control unit 14, see Paragraph 0072 and Fig. 3A-3B, the control unit is coupled to the pad) of the therapy device, one or more control instructions for controlling a temperature therapy and/or a vibration therapy (Paragraph 0078, skin temperature sensors 38 of the pad can provide signals of the applied temperature, which the control unit acts on to prevent thermal damage to the skin);
sending, from the control unit to a therapy pad (heating and/or cooling pad 12, see Fig. 1-3 and Paragraph 0066) of the therapy device, a subset of the one or more control instructions (Paragraph 0078, the electrical power to the heating/cooling device can be changed to keep the skin within a threshold temperature), wherein the control units is coupled to the therapy pad (Fig. 3A-3B and Paragraph 0072), and wherein the therapy pad comprises:
an adhesive layer configured to adhere the therapy pad to a skin surface of a user (adhesive surface 1210, see Paragraph 0066, the adhesive surface is brought into contact with the skin to hold the pad in place), wherein the control unit is coupled to the pad;
a temperature sensor coupled to the heat generation module and configured to measure a temperature of the heat generation module (Paragraph 0034-0036, 0127, a temperature sensor can measure the temperature of the pad 12, which can dictate the energy provided to the heating/cooling element to control the heating/cooling provided; also see Paragraph 0133);
receiving, by the therapy pad from the control unit, the subset of the one or more control instructions (Paragraph 0078 and 0034-0036, 0127; The control unit controls the operation of the heating/cooling element according to the detected skin temperature being outside or within the predetermined threshold); and
providing, by the control unit via the therapy pad, the temperature therapy and/or the vibration therapy to the skin surface of the user based on the one or more control instructions (Paragraph 0075, 0078, the pad applies the temperature therapy according to the control unit maintaining therapy parameters).
Breiter is silent regarding wherein the therapy pad comprises: a heat generation module comprising a resistive wire and a heat spreader configured to distribute thermal energy generated by the resistive component across an area of the heat spreader.
However, Brooks teaches wherein a therapy pad comprises a heat generation module comprising a resistive wire and a heat spreader configured to distribute thermal energy generated by the resistive component across an area of the heat spreader (Paragraph 0041-0043 and Figs. 1-3 and 7, the heating element can be a wire with a graphene sheet that acts as a heat spreader generated by the wire; The heating is spread across the graphene sheet to distribute the heat).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to include a resistive component with heat spreader to provide the temperature therapy, such as that taught by Brooks, in order to spread and disperse the generated heat throughout the interface (Paragraph 0017, 0036, 0038, 0041) and to use a known structure to provide heat therapy.
Breiter is silent regarding a thermal insulator layer and wherein the heat generation module and the temperature sensor are both positioned between the thermal insulator layer and the adhesive layer.
However, Ramdas teaches a heating/cooling therapy pad which includes a thermal insulator layer and wherein the heat generation module and the temperature sensor are both positioned between the thermal insulator layer and the adhesive layer (see Figs. 3A; The therapy applicator pad can include insulation layer 9, heat/cold transducer 10 and temperature sensor 11; also see Paragraph 0040 and Claim 12, the applicator can include an adhesive layer to affix the applicator to the skin for treatment, which would be on the opposite side of the top 7, and at the bottom at element 12; Thus, the heat module 10 and temperature sensor 11 are between the insulation layer 9 and the adhesive layer at the bottom of the applicator).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to have included a thermal insulator layer and to place the heat module and temperature sensors between the thermal insulator layer and the adhesive, such as that taught by Ramdas, in order to isolate the heat from the rest of the device and to prevent degradation of other components such as ultrasonic vibration modules from the transmitted heat (Paragraph 0086; The insulator prevents heat from transmitting upwards towards the other electrical components/transducers).
Regarding claim 17, the modified device of Breiter discloses the device of claim 1.
Ramdas further discloses wherein the thermal insulator layer is configured to insulate the control unit from the thermal energy generated by the resistive component (see Paragraph 0086; The insulator prevents heat from transmitting upwards towards the other electrical components/transducers and thus is configured to prevent heat to the control unit; In the device of Breiter similarly, thermal insulation about the heat module will prevent heating of the control unit).
Regarding claim 18, the modified device of Breiter discloses the device of claim 1.
Breiter further discloses a coupling connector configured to removably couple to the control unit (control unit 14, see Paragraph 0072 and Fig. 3A-3B, the control unit is coupled to the pad; The pad includes an electrical/magnetic connector 18b and 20b, see Fig. 3A-B and Paragraph 0097-0098, 0102; The pad and control unit can be removably separated from one another via magnetic connector 20 with connecting elements 20a/b and via electrical connector 18a/b),
Ramdas further discloses wherein the coupling connector is positioned above the thermal insulator layer and wherein the thermal insulator layer is positioned between the heat generation module and the coupling connector, the heat generation module is positioned between the adhesive layer and the thermal insulator layer, the temperature sensor is positioned between the heat spreader and the thermal insulator layer, and the adhesive layer is positioned below the heat generation module (see Fig. 3A and rejection of claim 1 above; The structure taught by Ramdas includes the insulator layer above the temperature sensor, which is above the heat module, which is above the adhesive layer; Additionally, the insulator layer being above the heat generation module would place it between the heater and the coupling connector; Additionally, the coupling connector would be positioned above the thermal insulator unit, as the connector is at the top of the device whereas the thermal insulator is beneath the surface, and above the heater to prevent transmission of heat to the electronics).
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Breiter (US 2021/0052418 A1) in view of Brooks (US 2016/0299543 A1) and Ramdas (U.S 2014/0200487 A1), as applied to claims 1-2, in view of Park (US 2016/0129274 A1).
Regarding claim 3, Breiter discloses the device of claim 2.
Breiter is silent regarding wherein the control unit comprises a wireless connection and wherein the control unit is further configured to receive the one or more control instructions via the wireless connection.
However, Park teaches wherein the control unit of a wearable therapy unit comprises a wireless connection and wherein the control unit is further configured to receive the one or more control instructions via the wireless connection (Paragraph 0075, a remote device such as smart devices can be provided to control the power control unit and user interface 130 which control the energy type and intensity of the therapy; also see Claim 10 regarding utilization of resources of the external device).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to include receiving control signals to the control unit via wireless communication, such as that taught by Park, in order allow for control of the device via other devices or interfaces (Paragraph 0075; also see Claim 10).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Breiter (US 2021/0052418 A1) in view of Brooks (US 2016/0299543 A1) and Ramdas (U.S 2014/0200487 A1), as applied to claims 1, in view of Kriksunov (US 2010/0228304 A1).
Regarding claim 11, the modified device of Breiter discloses the device of claim 1.
Breiter is silent regarding wherein the control unit is further configured to provide electrical stimulation therapy to the skin surface of the user.
However, Kriksunov teaches a stimulation device for the skin which can also provide thermal treatment to the skin (Paragraph 0025, 0030, 0042, the device can provide a secondary thermal modality treatment which is separated spatially from the electrical stimulation elements), wherein the control unit is further configured to provide electrical stimulation therapy to the skin surface of the user (Paragraph 0029 and Figs. 1-2, where the device can provide electrical stimulation via electrode pads 12; Control means 15 provide adjustment of the treatment such as amplitude, frequency, etc.).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to include controlled electrical stimulation therapy to the skin of the user, such as that taught by Kriksunov, in order to provide pain relief to the user (Paragraph 0005) and to provide multiple modalities for therapeutic effects on the body (Paragraph 0025).
Regarding claim 12, the modified device of Breiter discloses the device of claim 11.
Kriksunov further teaches wherein the pad further comprises: one or more electrical stimulation modules configured to provide the electrical stimulation therapy, where each electrical stimulation module comprises a conductor and an electrical stimulation pad (Paragraph 0029 and Fig. 1-2, the electrical stimulation module(s) include multiple conductive lines 14 which connected to electrode pads 12 which can provide stimulation to multiple areas of the body).
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Breiter (US 2021/0052418 A1) in view of Brooks (US 2016/0299543 A1) and Ramdas (U.S 2014/0200487 A1), as applied to claims 1, or alternatively, in further view of Huang (U.S 2006/0241730 A1).
Regarding claim 16, the modified device of Breiter discloses the device of claim 1.
Brooks further discloses wherein the heat generation module further comprises a backing layer comprises one or more channels, and wherein the resistive component is provided on the backing layer (see Fig. 7, the heater module can include a backing layer 72 which has channels formed on it through the resistive wire – the resistive component is printed/overmolded onto the backing layer with graphene sheets therebetween).
Alternatively, Huang teaches wherein the heat generation module further comprises a backing layer comprises one or more channels, and wherein the resistive component is provided on the backing layer (see Fig. 5 and Paragraphs 0040-0042; The heat generation module may include a backing surface pad of 20 with channels formed therein; The heating wire is placed within the channels to distribute the heat across the device).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Breiter to have included a backing layer with one or more channels and disposing the resistive component in the channels of the backing layer, such as that taught by Huang, in order to affix and distribute the heating across the entirety of the backing layer/treatment pad (Paragraph 0040-0042) and to use a known construction for a heating pad.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM.
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/THOMAS W GREIG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785