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 .
This office action is in response to the request for continued examination and amendments filed 7/29/26. As directed by the amendment: claims 15-16, 18, 21-22, 43, 45, 55, and 62-63 have been amended, claims 64-68 have been amended, and no claims have been cancelled. As such, claims 15-16, 18, 20-22, 43, 45-60, and 62-68 are pending in the instant application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 56-57 and 62 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 56 recites the limitation "the bottom portion" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 56 recites the limitation "the bed portion" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 64 recites the limitation "the bed portion" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 57 is rejected based on dependency on a rejected claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 68 is rejected under 35 U.S.C. 101 because Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 68 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 68, the language “a third therapeutic unit disposed relative to the person” (line 4) appears to include the person, a human organism, which is non-statutory subject matter. In order for the third therapeutic unit to be disposed relative to the person, the person must be part of the claimed invention. Examiner suggests amending to read –a third therapeutic unit configured to be disposed relative to the person--.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 15-16, 50-51, 45, 62, 64, 18, 20-22, 63, 66, 67, and 68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer et al. (6,497,717) in view of Youngblood et al. (2018/0110960).
Regarding claim 15, Daffer discloses a multi-functional therapeutic system (see Fig. 1-8, abstract, col. 1 ln. 33-49 for example) comprising a top portion having a first radiation therapy unit mounted therein for generating and applying radiation energy to a person (see Fig. 4, first radiation therapy unit 46A-D, col. 2 ln. 62 through col. 3 ln. 2 or Fig. 8A first radiation therapy unit 99, col. 3 ln. 53-65; top portion 28, col. 2 ln. 32), a bottom portion having a second radiation therapy unit for generating and applying radiation energy to the person (see Fig. 3-4 bottom portion 12 & 14, second radiation therapy unit 35, see col. 2 ln. 35-45, which is heater assembly and radiates heat, which is energy, to a person and thus is a radiation therapy unit), a vibration therapy unit configured for generating and applying vibrational energy to the person (see Fig. 4, vibration therapy unit 76, 78, col. 5 ln. 15-34), and a control unit for controlling one or more of the first radiation therapy unit, the second radiation therapy unit, and the vibration therapy unit (see Fig. 3-4, control unit 53, see col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43 disclosing control panel 52 for controlling vibration elements, thus control unit defined by 53 & 52 of Daffer). The Daffer system is silent as to including an acoustic therapy unit configured for generating or playing sound; however, Youngblood teaches a similar therapeutic system which includes a bed unit and includes an acoustic therapy unit configured for generating sound (see Youngblood para. 0249, sound generator for guided meditation for a user, includes breathing exercise instructions and physical directions for a user). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer system to include an acoustic therapy unit configured for generating sound, as taught by Youngblood, in order to provide an additional modality of treatment thus enhancing overall therapeutic benefit to the user such as to reduce stress (see Youngblood para. 0249). The modification of Daffer in view of Youngblood to include the acoustic therapy unit would also provide for the control unit to control operation thereof as the modified Daffer system is providing a combination of vibration therapy, radiation therapy, and acoustic therapy (see Youngblood para. 0288-0290 which discloses a single control box that controls the electronic components of the integrated bed system and which is operable to adjust settings of multiple therapeutic units, such as temperature settings and PEMF settings via a remote device) and thus the control unit of modified Daffer is for controlling one or more of the first and second radiation therapy units, vibration therapy unit, and acoustic therapy unit (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290), and which controls one or more of the units in a selected combination, sequence, intensity level, or duration (see Youngblood para. 0290, on/off being a duration value; Daffer col. 3 ln. 3-9 on-off switch which controls duration, thermostat control which controls intensity, col. 5 ln. 15-43 disclosing programmed energizing of vibration at preselected times which is a sequence and duration).
Regarding claim 16, the modified Daffer system further includes a bed portion (see Daffer Fig. 4, bed portion 18 defined by 20A-C, see col. 2 ln. 28-33), but is silent as to the bed portion including an electromagnetic therapy unit for generating and applying electromagnetic energy to the person; however, Youngblood teaches a similar therapeutic system which includes a bed unit including an electromagnetic therapy unit for generating and applying electromagnetic energy to the person (see Youngblood Fig. 27 showing bed unit, Fig. 23-24 showing electromagnetic therapy unit in the form of pulsed electromagnetic field device PEMF, see abstract, para. 0042, 0105, 0146, 0220-0226). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system’s bed portion to include an electromagnetic therapy unit, as taught by Youngblood, in order to provide a different modality of treatment thus enhancing overall therapeutic benefit for the user (provide stress reduction, Youngblood para. 0042).
Regarding claim 50, the modified Daffer system’s electromagnetic therapy unit generates the electromagnetic energy in a continuous or a non-continuous manner (see Youngblood abstract and para. 0042, 0105, 0146, 0220-0226).
Regarding claim 51, the modified Daffer system’s electromagnetic therapy unit includes one or more pulsed electromagnetic field (PEMF) coils for generating the electromagnetic energy (see Youngblood Fig. 23-24 and para. 0042, 0105, 0146, 0220-0226).
Regarding claim 45, the modified Daffer device’s vibration therapy unit includes a first vibration generating subsystem for generating a first vibrational energy (see Daffer Fig. 4, first vibration generating subsystem 76, col. 5 ln. 15-34, coupled to bottom portion 12 & 14 as shown), and a second vibration generating subsystem for generating a second vibrational energy (see Daffer Fig. 4, second vibration generating subsystem 78, col. 5 ln. 15-34, coupled to 20B of bed portion).
Regarding claim 62, the modified Daffer system’s sound from the acoustic therapy unit includes guided instructions for one or more of breathing exercise instructions and guided meditation instructions (see Youngblood para. 0249).
Regarding claim 64, the modified Daffer system includes a bed portion disposed between the top portion and the bottom portion or forms part of the bottom portion (see Daffer Fig. 4, bed portion 18 defined by 20A-C, see col. 2 ln. 28-33).
Regarding claim 18, the use of the Daffer device includes a method of applying one or more therapeutic techniques to a person (see Fig. 1-8, abstract, col. 1 ln. 33-49 for example) which includes providing a first radiation therapy unit mounted for generating and applying radiation energy to a person (see Fig. 4, first radiation therapy unit 46A-D, col. 2 ln. 62 through col. 3 ln. 2 or Fig. 8A first radiation therapy unit 99, col. 3 ln. 53-65), providing a second radiation therapy unit for generating and applying radiation energy to the person (second radiation therapy unit 35, see col. 2 ln. 35-45, which is heater assembly and radiates heat, which is energy, to a person and thus is a radiation therapy unit), generating and applying vibrational energy to the person with a vibration therapy unit (see Fig. 4, vibration therapy unit 76, 78, col. 5 ln. 15-34), and controlling one or more of the first radiation therapy unit, the second radiation therapy unit, and the vibration therapy unit (see Fig. 3-4, control of first/second radiation units and vibration unit via control unit 53, see col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43 disclosing control panel 52 for controlling vibration elements). Daffer is silent as to generating or playing sound with an acoustic therapy unit; however, Youngblood teaches a similar therapeutic system which includes a bed unit and includes an acoustic therapy unit configured for generating sound (see Youngblood para. 0249, sound generator for guided meditation for a user, includes breathing exercise instructions and physical directions for a user). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer method to include an acoustic therapy unit to generate sound, such as voice guided instruction, as taught by Youngblood, in order to provide an additional modality of treatment thus enhancing overall therapeutic benefit to the user such as to reduce stress (see Youngblood para. 0249). The modification of Daffer in view of Youngblood to include the acoustic therapy unit would also provide for the control unit to control operation thereof as the modified Daffer system is providing a combination of vibration therapy, radiation therapy, and acoustic therapy (see Youngblood para. 0288-0290 which discloses a single control box that controls the electronic components of the integrated bed system and which is operable to adjust settings of multiple therapeutic units, such as temperature settings and PEMF settings via a remote device) and thus the control unit of modified Daffer is for controlling one or more of the first and second radiation therapy units, vibration therapy unit, and acoustic therapy unit (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290), and which controls one or more of the units in a selected combination, sequence, intensity level, or duration (see Youngblood para. 0290, on/off being a duration value; Daffer col. 3 ln. 3-9 on-off switch which controls duration, thermostat control which controls intensity, col. 5 ln. 15-43 disclosing programmed energizing of vibration at preselected times which is a sequence and duration).
Regarding claim 20, the modified Daffer method further includes generating with one or more of the first and second radiation therapy units light energy in a visible light wavelength range or a non-visible light wavelength range (see Daffer col. 3 ln. 53-65).
Regarding claim 21, the modified Daffer method further includes a housing having a top portion and a bottom portion (see Daffer Fig. 1-5, housing 10 with top portion 28, bottom portion 12 & 14, see col. 2 ln. 23-45) and includes controlling movement of the top portion relative to the bottom portion between an open and closed position (see Daffer Fig. 5 showing the top portion 28 in an open position, Fig. 1-2 in the closed position, col. 2 ln. 57-61).
Regarding claim 22, the modified Daffer method’s acoustic therapy unit generates an audio output (see Youngblood para. 0249).
Regarding claim 63, the modified Daffer method’s sound from the acoustic therapy unit includes guided instruction includes one or more of breathing exercise instructions and guided meditation instructions (see Youngblood para. 0249).
Regarding claim 66, Daffer discloses a multi-functional therapeutic system (see Fig. 1-8, abstract, col. 1 ln. 33-49 for example) comprising a first radiation therapy unit (see Fig. 4, first radiation therapy unit 46A-D, col. 2 ln. 62 through col. 3 ln. 2 or Fig. 8A first radiation therapy unit 99, col. 3 ln. 53-65); a second radiation therapy unit (see Fig. 3-4, second radiation therapy unit 35, see col. 2 ln. 35-45, which is heater assembly and radiates heat, which is energy, to a person and thus is a radiation therapy unit); a vibration therapy unit (see Fig. 4, vibration therapy unit 76, 78, col. 5 ln. 15-34); and a control unit configured to selectively control operation of the radiation units and vibration therapy unit (see Fig. 3-4, control unit 53, see col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43 disclosing control panel 52 for controlling vibration elements). The Daffer system is silent as to including an acoustic therapy unit configured for generating or playing sound; however, Youngblood teaches a similar therapeutic system which includes a bed unit and includes an acoustic therapy unit configured for generating sound (see Youngblood para. 0249, sound generator for guided meditation for a user, includes breathing exercise instructions and physical directions for a user). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer system to include an acoustic therapy unit configured for generating sound, as taught by Youngblood, in order to provide an additional modality of treatment thus enhancing overall therapeutic benefit to the user such as to reduce stress (see Youngblood para. 0249). The modification of Daffer in view of Youngblood to include the acoustic therapy unit would also provide for the control unit to control operation thereof as the modified Daffer system is providing a combination of vibration therapy, radiation therapy, and acoustic therapy (see Youngblood para. 0288-0290 which discloses a single control box that controls the electronic components of the integrated bed system and which is operable to adjust settings of multiple therapeutic units, such as temperature settings and PEMF settings via a remote device) and thus the control unit of modified Daffer is for controlling one or more of the first and second radiation therapy units, vibration therapy unit, and acoustic therapy unit (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290), and which the control unit is configured to permit selection of at least one of: therapeutic sequence, therapeutic duration, therapeutic intensity level, or a combination of therapeutic outputs generated by the radiation, vibration and acoustic therapy units (see Youngblood para. 0290, on/off being a duration value; Daffer col. 3 ln. 3-9 on-off switch which controls duration, thermostat control which controls intensity, col. 5 ln. 15-43 disclosing programmed energizing of vibration at preselected times which is a sequence and duration).
Regarding claim 67, Daffer discloses a multi-functional therapeutic system (see Fig. 1-8, abstract, col. 1 ln. 33-49 for example) comprising a housing configured to support a person (see Fig. 1-4 housing 10 with top portion 28, bottom portion 12 & 14); a plurality of therapeutic units including at least a vibration therapy unit and a radiation therapy unit (see Fig. 4, radiation therapy unit 46A-D, col. 2 ln. 62 through col. 3 ln. 2 or Fig. 8A first radiation therapy unit 99, col. 3 ln. 53-65, adiation therapy unit 35, see col. 2 ln. 35-45, which is heater assembly and radiates heat, which is energy, to a person and thus is a radiation therapy unit; vibration therapy unit 76, 78, col. 5 ln. 15-34); a control unit operatively coupled to the plurality of therapeutic units (see Fig. 3-4, control unit 53, see col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43 disclosing control panel 52 for controlling vibration elements; thus control unit defined by 53 & 52 of Daffer). The Daffer system is silent as to including an acoustic therapy unit configured for generating or playing sound; however, Youngblood teaches a similar therapeutic system which includes a bed unit and includes an acoustic therapy unit configured for generating sound (see Youngblood para. 0249, sound generator for guided meditation for a user, includes breathing exercise instructions and physical directions for a user). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer system to include an acoustic therapy unit configured for generating sound, as taught by Youngblood, in order to provide an additional modality of treatment thus enhancing overall therapeutic benefit to the user such as to reduce stress (see Youngblood para. 0249). The modification of Daffer in view of Youngblood to include the acoustic therapy unit would also provide for the control unit to control operation thereof as the modified Daffer system is providing a combination of vibration therapy, radiation therapy, and acoustic therapy (see Youngblood para. 0288-0290 which discloses a single control box that controls the electronic components of the integrated bed system and which is operable to adjust settings of multiple therapeutic units, such as temperature settings and PEMF settings via a remote device) and thus the control unit of modified Daffer is for controlling one or more of the first and second radiation therapy units, vibration therapy unit, and acoustic therapy unit (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290) and which is configured to operate a selected combination of the plural therapeutic units in response to user selection and which includes one or more different therapeutic techniques applied to the person (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290; integrated control unit as taught by Youngblood to provide for control/selection of combination of one or more different therapeutic techniques applied to the person, i.e. the radiation, vibration, and acoustic therapy units).
Regarding claim 68, Daffer discloses a multi-functional therapeutic system (see Fig. 1-8, abstract, col. 1 ln. 33-49 for example) comprising a first therapeutic unit configured to be disposed above a person (see Fig. 4, first radiation therapy unit 46A-D, col. 2 ln. 62 through col. 3 ln. 2 or Fig. 8A first radiation therapy unit 99, col. 3 ln. 53-65; top portion 28, col. 2 ln. 32 and thus the first therapeutic unit disposed above a person), a second therapeutic unit configured to be disposed below the person (see Fig. 4, vibration therapy unit 76, 78, col. 5 ln. 15-34 which is disposed below the person), and a control unit configured to control operation of the therapeutic units (see Fig. 3-4, control unit 53, see col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43 disclosing control panel 52 for controlling vibration elements; thus control unit defined by 53 & 52 of Daffer). Daffer teaches the therapeutic units configured to generate different therapeutic modalities for application to the person and selected from the claimed group (radiation therapy unit and vibration therapy unit), but is silent as to including a third therapeutic unit disposed relative to the person and which is configured to generate another different therapeutic modality to the person from the claimed group; however, Youngblood teaches a similar therapeutic system which includes a bed unit and includes an acoustic therapy unit configured for generating sound (see Youngblood para. 0249, sound generator for guided meditation for a user, includes breathing exercise instructions and physical directions for a user). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer system to include an acoustic therapy unit configured for generating sound, as taught by Youngblood, in order to provide an additional modality of treatment thus enhancing overall therapeutic benefit to the user such as to reduce stress (see Youngblood para. 0249). The modification of Daffer in view of Youngblood to include the acoustic therapy unit would also provide for the control unit to control operation thereof as the modified Daffer system is providing a combination of vibration therapy, radiation therapy, and acoustic therapy (see Youngblood para. 0288-0290 which discloses a single control box that controls the electronic components of the integrated bed system and which is operable to adjust settings of multiple therapeutic units, such as temperature settings and PEMF settings via a remote device) and thus the control unit of modified Daffer is for controlling one or more of the first and second radiation therapy units, vibration therapy unit, and acoustic therapy unit (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290) and which is configured to operate a selected combination of the plural therapeutic units in response to user selection and which includes one or more different therapeutic techniques applied to the person (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290; integrated control unit as taught by Youngblood to provide for control/selection of combination of one or more different therapeutic techniques applied to the person, i.e. the radiation, vibration, and acoustic therapy units).
Claim(s) 43, 55-56, and 59-60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer and Youngblood as applied to claims 15 and 18 above, and further in view of Lin (2021/0402211).
Regarding claim 43, the modified Daffer system is silent as to including a hydrogen therapy unit for supplying hydrogen to the person and the control unit further configured to control the hydrogen therapy unit; however, Lin teaches multi-functional therapy unit incorporated into an article of furniture which includes therein a controlled hydrogen therapy unit (see Lin Fig. 5, abstract, para. 0003, 0005, 0017, 0071, 0077, 0079, 0081). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system to further include a controlled hydrogen therapy unit, as taught by Lin, in order to provide a different modality of treatment thus enhancing overall therapeutic benefit for the user (see Lin para. 0005 which discloses hydrogen therapy providing beneficial antioxidant). Control unit of modified Daffer being an integrated control unit (see Youngblood para. 0288-0290) and would also provide for control of the hydrogen therapy unit added in view of Lin.
Regarding claim 55, the modified Daffer method includes providing the vibration therapy unit (see Daffer Fig. 4, vibration therapy units 76, 78, col. 5 ln. 15-34), but is silent as to providing a hydrogen therapy unit for supplying hydrogen to the person; however, Lin teaches multi-functional therapy unit incorporated into an article of furniture which includes therein a controlled hydrogen therapy unit (see Lin Fig. 5, abstract, para. 0003, 0005, 0017, 0071, 0077, 0079, 0081). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer method to further include a controlled hydrogen therapy unit, as taught by Lin, in order to provide a different modality of treatment thus enhancing overall therapeutic benefit for the user (see Lin para. 0005 which discloses hydrogen therapy providing beneficial antioxidant). The now modified Daffer method is silent as to providing an electromagnetic therapy unit for generating and applying electromagnetic energy to the person; however, Youngblood teaches a similar therapeutic system which includes a bed unit including an electromagnetic therapy unit for generating and applying electromagnetic energy to the person (see Youngblood Fig. 27 showing bed unit, Fig. 23-24 showing electromagnetic therapy unit in the form of pulsed electromagnetic field device PEMF, see abstract, para. 0042, 0105, 0146, 0220-0226). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer method’s bed portion to include an electromagnetic therapy unit, as taught by Youngblood, in order to provide a different modality of treatment thus enhancing overall therapeutic benefit for the user (provide stress reduction, Youngblood para. 0042).
Regarding claim 56, the modified Daffer method’s vibration therapy unit includes a first vibration generating subsystem coupled to the bottom portion for generating a first vibrational energy (see Daffer Fig. 4, first vibration generating subsystem 76, col. 5 ln. 15-34, coupled to bottom portion 12 & 14 as shown), and a second vibration generating subsystem coupled to the bed portion for generating a second vibrational energy (see Daffer Fig. 4, second vibration generating subsystem 78, col. 5 ln. 15-34, coupled to 20B of bed portion).
Regarding claim 59, the modified Daffer method further includes generating with the electromagnetic therapy unit the electromagnetic energy in a continuous or a non-continuous manner (see Youngblood abstract and para. 0042, 0105, 0146, 0220-0226).
Regarding claim 60, the modified Daffer method’s electromagnetic therapy unit includes one or more pulsed electromagnetic field (PEMF) coils for generating the electromagnetic energy (see Youngblood Fig. 23-24 and para. 0042, 0105, 0146, 0220-0226).
Claim(s) 46-47 and 57-58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer and Youngblood as applied to claims 45, 15, 56, and 55 above, and further in view of Oser et al. (2007/0025575).
Regarding claim 46, the modified Daffer system’s second vibration generating subsystem includes one or more transducers (see Daffer Fig. 4, second vibration generating subsystem 78, col. 5 ln. 15-34, which is one or more transducers), but is silent as to the first vibration generating subsystem including a sub-woofer; however, Oser teaches a similar therapeutic system which includes vibration subsystems in the form of a sub-woofer (see Oser Fig. 15, subwoofer 1530, see para. 0009-0010, 0060). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system’s first vibration subsystem to be/include a sub-woofer, as taught by Oser, as such a vibration delivery mechanism (sub-woofer) is known to induce relaxation and reduce stress (Oser para. 0003-0004) and would have been obvious substitution of one known element for another and one would expect the modified Daffer system to perform at least equally as well.
Regarding claim 47, the modified Daffer system is silent as to the vibration therapy unit being configured to operate as an acoustic therapy unit to generate an audio output; however, Oser teaches a similar therapeutic system which includes vibration therapy unit configured to generate audio output (see Oser Fig. 15 and para. 0009-0010). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system’s vibration therapy unit to be configured to generate an audio output, as taught by Oser, as such a vibration delivery mechanism is known to induce relaxation and reduce stress (Oser para. 0003-0004) and would have been obvious substitution of one known element for another and one would expect the modified Daffer system to perform at least equally as well.
Regarding claim 57, the modified Daffer method’s second vibration generating subsystem includes one or more transducers (see Daffer Fig. 4, second vibration generating subsystem 78, col. 5 ln. 15-34, which is one or more transducers), but is silent as to the first vibration generating subsystem including a sub-woofer; however, Oser teaches a similar therapeutic system which includes vibration subsystems in the form of a sub-woofer (see Oser Fig. 15, subwoofer 1530, see para. 0009-0010, 0060). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer method’s first vibration subsystem to be/include a sub-woofer, as taught by Oser, as such a vibration delivery mechanism (sub-woofer) is known to induce relaxation and reduce stress (Oser para. 0003-0004) and would have been obvious substitution of one known element for another and one would expect the modified Daffer method to perform at least equally as well.
Regarding claim 58, the modified Daffer method is silent as to the vibration therapy unit being configured to operate as an acoustic therapy unit to generate an audio output; however, Oser teaches a similar therapeutic system which includes vibration therapy unit configured to generate audio output (see Oser Fig. 15 and para. 0009-0010). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer method’s vibration therapy unit to be configured to generate an audio output, as taught by Oser, as such a vibration delivery mechanism is known to induce relaxation and reduce stress (Oser para. 0003-0004) and would have been obvious substitution of one known element for another and one would expect the modified Daffer system to perform at least equally as well.
Claim(s) 48-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer and Youngblood as applied to claim 15 above, and further in view of Daffer (2018/0360649) (hereinafter Daffer ‘649).
Regarding claim 48, the modified Daffer system’s first radiation therapy unit generates light energy in a visible or non-visible light wavelength range (first radiation therapy unit 99, col. 3 ln. 53-65), but is silent as to the other, second radiation therapy unit generating light energy in a visible or non-visible light wavelength range; however, Daffer ‘649 discloses a similar therapeutic system which includes plural radiation therapy units which generate light energy in a visible or non-visible light wavelength range (see Daffer ‘649 para. 0053, LED lights and infrared light sources on light support panel 26, para. 0043, 0059). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system’s second radiation therapy unit to generate light energy in a visible or non-visible wavelength range, as taught by Daffer ‘649, as this would have been obvious substitution of one known element for another and one would expect the modified Daffer system to perform at least equally as well.
Regarding claim 49, the modified Daffer system is such that each of the first and second radiation therapy units generates light energy in one or more of a near-infrared, mid-infrared, and far infrared wavelength range (see Daffer ‘649 para. 0029, 0043-0044, 0048, 0051 for example, it being obvious to also modify the first radiation therapy unit to be an infrared light emitter as taught by Daffer ‘649 as this would also be obvious substitution of one known element for another and one would expect the modified Daffer system to perform at least equally as well).
Claim(s) 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer and Youngblood as applied to claim 15 above, and further in view of Kramer (4,881,548).
Regarding claim 52, the modified Daffer system is silent as to the top portion being controlled/automated to move between an open and closed position via the control unit; however, Kramer teaches a similar therapeutic system which includes a top portion automatically movable between an open and closed position via a controller (see Kramer Fig. 1 and 3, col. 2 ln. 36-60 and col. 3 ln. 25-34). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system’s top portion to be automatically controlled via the control unit to be moved between an open and closed position, as taught by Kramer, in order to automate a manual process. See MPEP 2144.04 III.
Claim(s) 53-54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer, Youngblood, and Kramer as applied to claim 52 above, and further in view of Yu et al. (2012/0010542).
Regarding claim 53, the modified Daffer system is silent as to the top portion being coupled to the bottom portion via a support stanchion; however, Yu teaches a similar therapeutic system which controls movement of a top portion via connection to bottom portion with a support stanchion (see Yu Fig. 1-2 and 10-11, para. 0039 and 0044, stanchion 4 with outer element and inner element/rod 28 therein with bracket 27 attached thereto which moves vertically via a motor). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system’s connection between the top portion and bottom portion to be a support stanchion, as taught by Yu, as this is a well-known movable structural element which would provide movable support to the top portion and would have been obvious to try and obvious substitution of one known element for another.
Regarding claim 54, the modified Daffer system’s support stanchion includes an outer support element and an inner support element disposed therein and configured for vertical movement within the outer support element (see Yu Fig. 1-2 and 10-11, para. 0039 and 0044, stanchion 4 with outer element and inner element/rod 28 therein with bracket 27 attached thereto which moves vertically via a motor).
Claim(s) 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffer in view of Youngblood, Lin, and Lunter et al. (2022/0125674).
Regarding claim 65, Daffer discloses a housing having a top portion and a bottom portion (see Fig. 1-5, housing 10 with top portion 28, bottom portion 12 & 14, see col. 2 ln. 23-45); a first radiation therapy unit mounted in the top portion or the bottom portion and configured to generate radiation energy for application to a person (see Fig. 4, first radiation therapy unit 46A-D, col. 2 ln. 62 through col. 3 ln. 2 or Fig. 8A first radiation therapy unit 99, col. 3 ln. 53-65; top portion 28, col. 2 ln. 32); a vibration therapy unit configured to generate vibrational energy for application to the person (see Fig. 4, vibration therapy unit 76, 78, col. 5 ln. 15-34); and a control unit configured to selectively control operation of one or more of the therapeutic units (see Fig. 3-4, control unit 53, see col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43 disclosing control panel 52 for controlling vibration elements; thus control unit defined by 53 & 52 of Daffer). Daffer is silent as to including an electromagnetic therapy unit configured to generate electromagnetic energy for application to the person; however, Youngblood teaches a similar therapeutic system which includes a bed unit including an electromagnetic therapy unit for generating and applying electromagnetic energy to the person (see Youngblood Fig. 27 showing bed unit, Fig. 23-24 showing electromagnetic therapy unit in the form of pulsed electromagnetic field device PEMF, see abstract, para. 0042, 0105, 0146, 0220-0226). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer system’s bed portion to include an electromagnetic therapy unit, as taught by Youngblood, in order to provide a different modality of treatment thus enhancing overall therapeutic benefit for the user (provide stress reduction, Youngblood para. 0042). The modified Daffer system is silent as to including a hydrogen therapy unit for supplying hydrogen to the person and the control unit further configured to control the hydrogen therapy unit; however, Lin teaches multi-functional therapy unit incorporated into an article of furniture which includes therein a controlled hydrogen therapy unit (see Lin Fig. 5, abstract, para. 0003, 0005, 0017, 0071, 0077, 0079, 0081). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Daffer system to further include a controlled hydrogen therapy unit, as taught by Lin, in order to provide a different modality of treatment thus enhancing overall therapeutic benefit for the user (see Lin para. 0005 which discloses hydrogen therapy providing beneficial antioxidant). Control unit of modified Daffer being an integrated control unit (see Youngblood para. 0288-0290) and would also provide for control of the hydrogen therapy unit added in view of Lin. The modified Daffer system is silent as to including an acoustic therapy unit configured for generating music for the person; however, Lunter discloses a similar therapeutic system which includes a bed unit and includes an acoustic therapy unit configured for generating music (see Lunter para. 0033, speakers 87 which allow user to listen to music, and also provide guided meditation). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Daffer system to include an acoustic therapy unit configured for generating music, as taught by Lunter, in order to provide an additional modality of treatment thus enhancing overall therapeutic benefit to the user (music as therapy, Lunter para. 0033). The modification of Daffer in view of Youngblood to include the electromagnetic therapy unit, as well as in view of Lin and Lunter to provide the hydrogen therapy and acoustic therapy units, would also provide for the control unit to control operation thereof as the modified Daffer system is providing a combination of vibration therapy, radiation therapy, hydrogen, electromagnetic and acoustic therapy (see Youngblood para. 0288-0290 which discloses a single control box that controls the electronic components of the integrated bed system and which is operable to adjust settings of multiple therapeutic units, such as temperature settings and PEMF settings via a remote device) and thus the control unit of modified Daffer is for controlling one or more of the various therapeutic units (see Daffer col. 2 ln. 63 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood para. 0288-0290).
Response to Arguments
Applicant's arguments filed 7/29/26 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant argues that the prior art does not disclose a control unit that controls the recited therapeutic units (plural) as claimed; however, claim 15 and 18 set forth that the control unit only has to control “one or more of” the listed therapy units and to control it in either a selected “combination, sequence, intensity level, or duration”. The claims do not require that more than one therapy unit is controlled or activated at the same time or that all of the therapy units are even controlled at all and furthermore, only one of the ‘combination, sequence, intensity level, or duration’ is required in the controlling limitation of one of the therapy units. However, Daffer already teaches a control unit which controls both the radiation therapy unit and the vibration therapy unit (defined by element 53 col. 2 ln. 62 through col. 3 ln. 9 and element 52 in col. 5 ln. 15-43) and Youngblood teaches a similar multi-functional therapy system which includes plural therapy units (acoustic unit and electromagnetic unit discussed above in the prior art rejections) and discloses an integrated controller to control electronic components of the integrated bed system (see para. 0288) which would provide for control of the plural therapy units and which is operable to adjust settings of the various therapy units via a remote device (see para. 0290). In light of this teaching, as noted above in the prior art rejections, providing the modified Daffer system, with various therapy units in view of the noted prior art above, with an integrated control unit to control all of the therapy units would have been obvious to allow for user selection of different therapy modalities as desired.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Applicant’s argument that the modifications of Daffer in view of the various references are piecemeal reconstruction using Applicant’s disclosure as a roadmap and only after Applicant’s claimed multi-functional therapeutic system is known is not well-taken. Daffer already teaches a multi-functional therapeutic system with different types of therapy units (radiation and vibration for example, as discussed in the prior art rejections above) and adding additional, known therapeutic units, such as the acoustic or electromagnetic therapy units in view of Youngblood, would have been obvious to one of ordinary skill in the art based on the benefit of providing additional types of therapy for a person and not relying on Applicant’s disclosure for such a combination. Applicant’s argument that there is a lack of motivation for such combinations is also not well-taken as the idea of providing multiple modalities of therapy to a user at the same time is established in the art as being well-known and common (Daffer alone teaches vibration and radiation therapy modes, Youngblood alone teaches acoustic and electromagnetic therapy modes) and the modification of Daffer in view of Youngblood, for example to provide the acoustic therapy unit, also finds explicit motivation in para. 0249, i.e. promoting relaxation of the user.
Applicant argues that the rationale to combine known individual therapeutic modalities existing in the prior art is not obvious because the reasoning improperly overlooks the inventive contribution of the present application which is integrating the modalities into a single platform for selective control thereof. However, this is not well-taken as the concept of integration of multiple different modalities of therapy into a single platform with control to provide coordinated therapy is not an inventive contribution as both Daffer and Youngblood each disclose platforms with multiple therapy modalities (Daffer: vibration and radiation; Youngblood: electromagnetic and acoustic) and both which are selectively controlled to provide the therapeutic experience (Daffer: col. 2 ln. 62 through col. 3 ln. 9, col. 5 ln. 15-43; Youngblood: para. 0288-0290).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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/COLIN W STUART/Primary Examiner, Art Unit 3785
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