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 .
Status of Claims
The present Office action is responsive to the Remarks and Amendments filed on 06-11-2026. As directed, claims 1 and 5 have been amended and claims 2-4 and 7-21 have been canceled. Thus, claims 1 and 5-6 are presently pending examination.
Terminal Disclaimer
Receipt of the Terminal Disclaimer against application 18/058,399 is acknowledged and the Terminal Disclaimer is accepted. The previously held double patenting rejections of record are rendered moot, and are hereby withdrawn.
Response to Amendment
Claim 1 has been amended and each of claims 4, 8-9, 12, 16, and 19 have been canceled, thereby addressing various minor informalities in the claims. The previously held claim objections are hereby withdrawn.
Applicant has canceled each of claims 4, 12, and 19, thus obviating the previous rejection under 35 USC 112(d).
Response to Arguments
Applicant's arguments filed 06-11-2026 have been fully considered but they are not persuasive.
Applicant argues, see Remarks top of page 6, that Sun does not disclose/teach the specified frequency nor the specified predetermined distance. Applicant continues on to argue that Tsai also does not disclose/teach the specified predetermined frequency. Applicant further argues, with respect to Tsai, that the predetermined distance of 5 centimeters in the Tsai disclosure is pertinent to radiation exposure as opposed to ultrasonic disclosure. Applicant further argues that Zhang broadly encompasses frequency ranges from 20 Hz to 20 kHz, and thus does not, with sufficient specificity, anticipate/render obvious the predetermined frequency of 1.45 Hz in the infrasonic range. Applicant concludes by arguing that Zhang, Sun, and Tsai are directed to fundamentally different treatment modalities and are therefore not properly combinable.
Examiner respectfully disagrees. First, it is Zhang that is relied upon for the specified frequency, and Tsai for the predetermined distance. Thus, Sun being silent as to those aspects of claim 1 is a piecemeal consideration of the applied references that is moot based on the respective teachings of Zhang and Tsai. The same is true concerning Tsai’s outlined deficiency with respect to the predetermined frequency. Further, while it is true that Tsai outlines the use of EM waves and microwaves, it is important to note that by definition, radiation is the process of emitting radiant energy in the form of waves or particles. Thus, even with respect to the claimed infrasonic waves, radiation is present, and thus use of Tsai’s teaching for reducing such radiation at paragraph 32 is still believed to be proper. While it is also true that Zhang outlines use of several different types of waves at paragraph 28, it cannot be that paragraph 28 directly cites use of “infrasonic waves” by the health care device. As such, Zhang very clearly contemplates use of infrasonic waves in its treatment. Finally, the specific wave-based treatment modalities of Zhang, Sun, and Tsai are not combined in the present rejection. Zhang and Sun are both described as acupuncture/acupoint/acupressure devices, and as such, the shape of the Sun projection is used to modify the projecting part of Zhang’s device. Additionally, Tsai’s EM- or microwave-based treatment is not imported into Zhang’s device and method, rather Tsai’s teaching of a spacing between the device and the patient by use of a frame is specifically relied on to reduce radiation to sensitive anatomical areas.
The rejections are maintained hereinbelow.
Claim Objections
Claim 1 is objected to because of the following informalities:
At claim 1, line 2, it is suggested that “forward to” be replaced with “forward of” for clarity.
At claim 1, line 14, it is suggested that “configured to be” be added before “emitted” to avoid positive recitation of method steps in an apparatus claim.
At claim 1, line 15, it is suggested that “configured to be” be added before “located” to avoid positive recitation of method steps in an apparatus claim.
At claim 1, line it is suggested that “configured to be located at” be added before “the umbilicus” to avoid positive recitation of method steps in an apparatus claim and to more explicitly avoid claiming the human organism.
At claim 1, line 20, it is suggested that “configured to be” be added before “a distance” to more explicitly avoid claiming the human organism.
At claim 1, line 27, it is suggested that “configured to concentrate” replace “concentrates” to avoid positive recitation of method steps in an apparatus claim.
At claim 1, line 29, it is suggested that “forward to” be replaced with “forward of” for clarity.
Appropriate correction is required.
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 non-obviousness.
Claims 1 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2020/0390650) in view of Sun (KR 2003/76020) and in further view of Tsai (US 2023/0123064).
Regarding claim 1, Zhang discloses a health care device (100) for emitting a low-frequency wave of a predetermined frequency forward to an umbilicus of a user (paragraph 9, lines 1-3; paragraph 16, lines 1-10; paragraph 28, lines 1-12, note “infrasonic” and that the output are waves that are chosen before application of the device to the treated area; see also paragraph 149; paragraphs 181-183, and paragraph 224, lines 7-12, where a portion of the body of the device is understood to extend in front of the belly button when the projection 102 is placed proximal the navel, and the placement of the device in “close proximity to the navel” is understood to be predetermined in order to treat the underlying acupoint detailed in paragraphs 35 and 213; Fig. 2), comprising:
a low-frequency wave emitter (105+106) configured to emit the low-frequency wave with the predetermined frequency (paragraph 16, lines 1-10; paragraph 28, lines 1-12, note “infrasonic” and that the output are waves that are chosen before application of the device to the treated area; see also paragraph 149), wherein the low-frequency wave emitter (105+106) is an infrasonic wave transducer, and the low-frequency wave is an infrasonic wave (paragraph 28, lines 1-12), and wherein the predetermined frequency is in the infrasonic range below 20 Hz (paragraph 28, lines 1-12);
a projecting part (portion of housing 101 contained between 102 and the area underneath 102 above base 105) (paragraph 12, lines 1-4; Fig. 1), having a vertex (102) (paragraph 12, lines 1-4; Fig. 1), a bottom surface and a body (see annotated Fig. 5 below, note that the body is the portion of the projecting part between the vertex and bottom surface), which has two ends respectively connected to the vertex and the bottom surface of the projecting part (portion of housing 101 contained between 102 and the area underneath 102 above base 105) (see annotated Fig. 5 below, note that the body is the portion of the projecting part between the vertex and bottom surface), wherein the vertex further has a stick (103) being vertically standing and having a longitudinal direction away from the bottom surface of the projecting part (paragraph 16, lines 1-8 and Fig. 6 of Zhang show a “stick” 103 vertically oriented, and where the longitudinal axis thereof extends towards the vertex which is away from the bottom surface of the projecting part as annotated in Fig. 5 below);
wherein the low-frequency wave is emitted at a predetermined position (i.e., wave emission at the tapered, projected portion of device 100), and the predetermined position is located in front of the umbilicus of the user with a predetermined distance (paragraph 16, lines 1-10; paragraphs 181-183, and paragraph 224, lines 7-12, where a portion of the body of the device is understood to extend in front of the belly button when the projection 102 is placed proximal the navel, and the placement of the device in “close proximity to the navel” is understood to be predetermined, in both positioning and distance, in order to treat the underlying acupoint detailed in paragraphs 35 and 213).
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Further, Zhang also teaches that the energy transmission of the disclosed device aims to vibrate internal body structures at their resonance frequency, and indicates that different parts of the body have different resonances (see paragraph 28, final 14 lines).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the value of 1.45 Hz within the overlapping range of 0-20 Hz disclosed by Zhang, in order to create resonance at particular, desired body structures, as further taught and evidenced by Zhang.
Zhang fails to disclose a column, having a top surface, a bottom surface and a column body what has two ends respectively connected to the top surface of the column and the bottom surface of the column; and
wherein the top surface of the column is correspondingly jointed to the bottom surface of the cone, and the low-frequency wave emitter is connected to the bottom surface of the column.
However, Sun teaches a health care device for applying acupressure to a body area (abstract, lines 1-4; Figs. 4-6), which includes a projecting part (14) chosen to be a cone (14 in Fig. 6) (page 7, lines 1-4), and attached to a column, having a top surface, a bottom surface and a column body what has two ends respectively connected to the top surface of the column and the bottom surface of the column (see Fig. 6, where the bottom of the cone and the top surface of the column are integrally connected, where “jointed” is taken to mean a place where two things are joined), wherein the top surface of the column is correspondingly jointed to the bottom surface of the cone, and wherein the shape of the projecting part is configured to treat the body surface via acupressure differently based on its shape (page 7, lines 5-7), and the column portion houses a magnet for additional treatment methodology (page 4, lines 12-13).
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Given that Zhang discloses using the health care device for acupressure (abstract, lines 6-9, see acupoints), it would have been obvious to one of ordinary skill in the art to have modified the shape of Zhang’s projecting part and underlying area to be a cone with an attached column for housing additional treatment components at a bottom surface thereof, with the top surface of the column correspondingly jointed to the bottom surface of the cone, as taught by Sun, in order to treat the acupoint underlaying the body surface with a differently-shaped projection as desired while still maintaining the ability to house an additional treatment component, such a modification amounting to mere design choice.
As modified, the low-frequency wave transmitter of Zhang (105+106) remains positioned at the bottom portion of the area of the Zhang device jointed to and underneath the projecting part (now respectively configured as a column and a cone), and the topmost part of the modified column is jointed with the bottommost portion of the modified cone.
Now, as presently modified, the device of modified Zhang further includes:
wherein the stick (103) is vertically standing and having a longitudinal direction away from the bottom surface of the cone (note that the projecting part of Zhang’s Fig. 6 is modified to be conical per Sun; paragraph 16, lines 1-8 and Fig. 6 of Zhang show a “stick” 103 vertically oriented, and where the longitudinal axis thereof extends towards the vertex which is away from the bottom surface of the cone as annotated in Fig. 6 above), the longitudinal direction of the stick (Zhang: 103) is coincided with a specific normal line of the bottom surface of the cone, and the specific normal line of the bottom surface of the cone passes through a bottom surface center of the cone (see Sun’s Fig. 6, where the specific normal line is taken to be a line that extends between the vertex of the cone, and the center of the bottom surface of the cone, and where Zhang’s projecting part is modified to be conical as in Sun’s Fig. 6; further, note Zhang at paragraph 16, lines 1-8 and Fig. 6, where stick 103 is positioned to coincide with this specific normal line as it extends centrally in the projecting part between the vertex and the bottom surface of the projecting part);
wherein the cone concentrates the low-frequency wave of the predetermined frequency towards the vertex and onto the stick (Zhang: 103) for releasing and emitting the low-frequency wave of the predetermined frequency forward to the umbilicus of the user (Zhang: paragraph 9, lines 1-5; paragraph 24, lines 8-22; see paragraph 213 for the navel; note that the projecting part of Zhang’s Fig. 6 is modified to be conical per Sun).
Modified Zhang fails to disclose wherein the predetermined position is located on a virtual bottom surface of a virtual cone, a virtual vertex of the virtual cone is the umbilicus, and the predetermined distance is 5 cm; the predetermined position is located on a center of the virtual bottom surface, the virtual cone is a circular cone, and the predetermined position is located on a circle center of the virtual bottom surface being a circle, the predetermined distance is a distance between the circle center and the umbilicus, and the vertex is located at the predetermined position; wherein the health care device is installed in or on a frame.
However, Tsai teaches a health care device including an acupoint work piece for treating the body of an individual with waves (abstract, lines 1-5; Fig. 1; paragraph 21, lines 1-5), wherein it is recommended that the work piece be positioned 5 centimeters away from areas of the body including the face, brain, eyes, ovaries, and testicles to avoid excessive radiation. Tsai further teaches a frame (150) for installing a health care device (“acupoint work piece”) thereon in order to move and adjust the position of the health care device (paragraph 463; Fig. 3B).
Given that Zhang positions the device relative to the umbilicus, which is near the ovaries and/or testicles depending on the biological sex of the individual using the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the health care method of Zhang to move the device to a predetermined distance 5 centimeters from the umbilicus, as taught by Tsai, in order to avoid excessive radiation to the ovaries and/or testicles. Further, in order to achieve such a position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a frame for installing the health care device thereon, in order to move and adjust the position of the health care device.
As modified, modified Zhang also contemplates wherein the predetermined position is located on a virtual bottom surface of a virtual cone, a virtual vertex of the virtual cone is the umbilicus, because, per Tsai’s teaching, the device of Zhang is now positioned so as to place the vertex of the device (100) 5 centimeters away from the umbilicus. Given that the claimed cone is virtual (read “imaginary”), and the disclosure outlines no criticality to the virtual cone, nor outlines any steps as to how the virtual cone is derived, by moving the Zhang device away from the user’s body, there exists a virtual cone with a height of 5 centimeters (coinciding with the predetermined distance), where the predetermined position (i.e. the vertex of the device where the wave from emitter 105+106 extends out of the device and towards the user’s body) is located at a virtual bottom surface of the virtual cone on a center of the virtual bottom surface where the base of the cone is circular to give a circular cone (i.e., the vertex is placed at the center of the circular base of the cone), and a virtual vertex of the virtual cone is at the umbilicus.
Regarding claim 5, Zhang in view of Sun and Tsai disclose the heath care device of claim 4, as discussed above.
Modified Zhang further discloses wherein the column is a cylinder, and the column and the cone are formed integrally (see Fig. 6 of Sun, where the column is shaped as a cylinder, and the cone and column are integral, and note further that the Zhang device of Fig. 2 is also given as an integral assembly).
In the case that neither Zhang or Sun are deemed to disclose or teach the integral nature of the modified column and cone:
The courts have held “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice” (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965); MPEP 2144.05(V)B). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have constructed the column and cone of modified Zhang from a one-piece, unitary object as a matter of obvious engineering design choice aiding in simplicity of manufacturing the cone and column as one piece rather than several separate pieces.
Regarding claim 6, Zhang in view of Sun and Tsai disclose the heath care device of claim 5, as discussed above.
Modified Zhang further discloses wherein the low-frequency wave transmitter (Zhang: 105+106) is connected to the bottom surface of the column via a tube (104) (note Fig. 6 of Sun, where the Zhang device is modified to be a cone connected to an underlying column; see Zhang at Fig. 6 and paragraph 16, lines 1-15, where energy ring 104 connects to 105 and 106, and given that 104 is stated to be a ring, and includes a vertical dimension, 104 is taken to be tubular).
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 PAIGE BUGG whose telephone number is (571)272-8053. The examiner can normally be reached Monday-Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
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