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 .
DETAILED ACTION
The amendment filed on November 12, 2025 in response to the Office action dated August 12, 2025 is acknowledged and entered.
Claims 1-20 are pending and under examination in this Office action.
Response to Amendment
The objection to the specification is now withdrawn in view of the amendment.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
Breiter et al., US 2021/0052418 A1, hereinafter Beriter.
Claim 1. Breiter teaches in FIGS.1-10 an intelligent control apparatus (10) ([0157]: the heating and/or cooling device 10 or patches can be controlled autonomously and intelligently among themselves…it can control its own temperature or receive control commands…Software and/or artificial intelligence can be used to expand and regulate the system as required), comprising
a control circuit (14, 110, a control or microcontroller and the control unit) and a detection and heating circuit (22, 26, 40, 16, the heating and/or cooling elements and energy source; the electrode 40 an the signal processor 16);
the detection and heating circuit comprises a detection and heating material (12, [0014]: the heating and/or cooling pad for delivering heating and/or cooling energy to the body of a living being. The heating and/or cooling pad can be arranged, stuck or attached to the body of a living being by means of an adhesive surface; and [0018]: the heating and/or cooling device can also comprise the control unit, on which a signal processor, a processor unit or a controller can be arranged);
the detection and heating circuit is configured to control, according to an instruction of the control circuit, switching of a working mode of the detection and heating material ([0124]: electrodes 40 can be arranged on the heating and/or cooling pad 12 and the signal processor 16 can be designed to determine the muscle tension by electromyography. The electrodes 40 can be used to measure potential changes of a muscle or muscle group. The signal processor 16 can generate a control signal for controlling the electrical energy storage device 22, which signal is dependent on the muscle tension; and [0018]: the signal processor can be designed to generate an open-loop and/or closed-loop control signals or a signal for open-loop and/or closed-loop control or an electrical energy source), wherein
the working mode of the detection and heating material comprises a detection mode and a heating mode ([0018]: the processing can be carried out by evaluating or assessing or comparing the measured or acquired data with reference data; and [0019]: the signal processor can be designed to control the flow of energy from an electrical energy source);
the detection and heating circuit is configured to obtain first detection information of a user by using the detection and heating material in the detection mode ([0040]: electrodes are arranged on the lower face of the heating and/or cooling pad and the signal processor is designed to determine muscle tension by electromyography and/or skin resistance by measuring the conductance of the skin), wherein
the first detection information is obtained based on a first bioelectric signal of the user ([0040]: the electromyography for the muscle tension and the conductance of the skin for the skin resistance...the electrodes for measuring muscle tension EMG); and
the control circuit is configured to instruct, based on the first detection information, the detection and heating circuit to switch the working mode of the detection and heating material to the heating mode ([0040]: The electrodes for measuring muscle tension EMG can be arranged on the heating and/or cooling device .Electromyography (EMG) is used to measure electrical muscle activity. Electrodes placed on the surface of the skin can be used to measure potential changes in on or more muscles. The measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signal processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source. The information about the muscle tension can be used to achieve targeted relaxation by supplying heat to the muscles; [0031]: muscle tensions can cause pain in various parts of the body, such as the neck or back. The posture data can show exactly where the problem needs to be tackled or solved; and [0027]: the heating and/or cooling device comprises at least one posture sensor. The posture sensor can be designed to detect the posture and/or movement of the living being at least in part) – the “electrical muscle activity” measured by the EMG is considered the “first detection information “ as claimed, and
instruct the detection and heating circuit to control heating duration and/or a heating temperature of the detection and heating material working in the heating mode ([0156]: a continuously supply of a specific energy or a specified current…to control the heating and/or cooling pad with a constant current or voltage and by changing the on/off time…supply the energy for 2 seconds and not supply for 1 second. The heating of the heating and/or cooling pad can be controlled by the ratio of the time between energy supply and non-supply. The duration for an optimal pulse-pause ratio depends on the thermal capacity of the heating element; and [0157]: the means that each heating and/or cooling device can control its own temperature or receive control commands; and [0027]: the posture sensor can comprise at least one of the following sensors, e.g., a 3D gyro sensor, an acceleration sensor, a bending sensor, a temperature sensor or a sensor with strain gauges).
The same rejection applies to claims 14 and 20 for substantially identical limitations recited.
Claims 2 and 15. Breiter further teaches
a transceiver circuit; the transceiver circuit is configured to send second detection information to a target device (34) ([0161]: FIG.7, each of the heating and/or cooling devices 10 shown can be designed to send data to a mobile device 34 and/or to receive data from a mobile device 34. The heating and/or cooling device can be connected to a mobile telephone 34 for data exchange via the radio unit 36), wherein
the second detection information is obtained based on the first detection information ([0040]: The electrodes for measuring muscle tension EMG can be arranged on the heating and/or cooling device .Electromyography (EMG) is used to measure electrical muscle activity. Electrodes placed on the surface of the skin can be used to measure potential changes in on or more muscles. The measurement of potential changes by means of EMG provides information about the muscle tension); the transceiver circuit is further configured to
receive first instruction information sent by the target device and corresponding to the second detection information, and send the first instruction information to the control circuit; and the control circuit is specifically configured to instruct, according to the first instruction information, the detection and heating circuit to switch the working mode of the detection and heating material to the heating mode ([0040]: The measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signal processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source; and [0163]: an app can be used to give the person tips for improving posture. The app can also be used to manually control individual heating and/or cooling devices and supply them with energy or to mark regions on the body which the person perceives as tense and wants to have supplied with heating and/or cooling energy to relax the regions), and
instruct, according to the first instruction information, the detection and heating circuit to control heating duration and/or a heating temperature of the detection and heating material in the heating mode ([0156]: a continuously supply of a specific energy or a specified current…to control the heating and/or cooling pad with a constant current or voltage and by changing the on/off time…supply the energy for 2 seconds and not supply for 1 second. The heating of the heating and/or cooling pad can be controlled by the ratio of the time between energy supply and non-supply. The duration for an optimal pulse-pause ratio depends on the thermal capacity of the heating element; and [0157]: the means that each heating and/or cooling device can control its own temperature or receive control commands).
Claims 3 and 16. Breiter further teaches
when the detection and heating material is controlled to work in the detection mode, block an electrical signal that is applied to the detection and heating material and used to control heating of the detection and heating material. or when the detection and heating material works in the heating mode, control the heating temperature of the detection and heating material by controlling an electrical signal applied to the detection and heating material ([0013]: the control unit is provided for outputting an open-loop and/or closed-loop control signal, by means of which the output of energy from the energy source to the heating and/or cooling element can be controlled in an open-loop and/or closed-loop manner) – a conventional open-loop and/or closed-loop control signal operates such that an open loop blocks the electrical signal and a closed loop supplies the electrical signal.
Claim 4. Breiter further teaches
the second detection information is the same as the first detection information ([0161]: the data may in turn be posture data, temperature data, data for controlling the energy source 22, signal processing data, sensor data, control data, operating data or any other data; [0040]: The electrodes for measuring muscle tension EMG can be arranged on the heating and/or cooling device .Electromyography (EMG) is used to measure electrical muscle activity. Electrodes placed on the surface of the skin can be used to measure potential changes in on or more muscles. The measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signal processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source) – the EMG data is considered both the first detection information and the second detection information.
Claim 5. Breiter further teaches
obtain the first detection information, and decompose the first detection information, to obtain the second detection information ([0040]: The electrodes for measuring muscle tension EMG can be arranged on the heating and/or cooling device .Electromyography (EMG) is used to measure electrical muscle activity. Electrodes placed on the surface of the skin can be used to measure potential changes in on or more muscles. The measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signal processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source) – the “electrical muscle activity” measured by the EMG is considered the “first detection information “ as claimed. The “potential changes in one or more muscles” is considered the second detection information” as claimed. The potential changes is among types of electrical activity, hence is considered a decomposition component of the electrical activity.
Claim 6. Breiter further teaches
obtain the first detection information, decompose the First detection information, to obtain a decomposed signal of the first detection information, and perform feature extraction on the decomposed signal to obtain the second detection information ([0040]: The electrodes for measuring muscle tension EMG can be arranged on the heating and/or cooling device .Electromyography (EMG) is used to measure electrical muscle activity. Electrodes placed on the surface of the skin can be used to measure potential changes in on or more muscles. The measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signal processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source) – the “electrical muscle activity” measured by the EMG is considered the “first detection information “ as claimed. The “potential changes in one or more muscles” is considered the ”decomposed signal” as claimed. The “muscle tension” is considered the “second detection information that is a feature extracted from the decomposed signal” as claimed The potential changes is among types of electrical activity, hence is considered a decomposed signal component of the electrical activity. The muscle tension is a feature obtained by analyzing the potential changes, hence a feature extracted from the decomposed signal”.
Claims 7, 8 and 17. Breiter further teaches
when the duration of the detection and heating material working in the heating mode is greater than or equal to a first preset value, instruct the detection and heating circuit to switch the working mode of the detection and heating material to the detection mode ([0018]: the signal processor can be designed to generate an open-loop and/or closed-loop control signals or a signal for open-loop and/or closed-loop control or an electrical energy source; and[0156]: it is also possible to control the heating and/or cooling pad with a constant current or voltage and by changing the on/off time (pulse-pause ratio) in the heating of said pad. For example, the heating and/or cooling pad can be supplied with electrical energy for 2 seconds and not supplied with electrical energy for 1 second. The heating of the heating and/or cooling pad can be controlled by the ratio of the time between energy supply and non-supply) – the on/off time is the “preset value” as claimed;
the detection and heating circuit is further configured to obtain third detection information of the user by using the detection and heating material, wherein the third detection information is obtained based on a second bioelectric signal of the user ([0070]: the heating and/or cooling energy can be delivered to the body 28 of the person; [0040]: the measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signa processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source. The information about the muscle tension can be used to achieve targeted relaxation by supplying heat to the muscles; and [0124]: if the muscle is tense, the heating and/or cooling device can be warmed up by delivering electrical energy from the electrical energy storage device to the heating and/or cooling pad. The heating can stimulate muscles) – the control signal that is based on the muscle tension is considered the “third detection information” as claimed; and
send fourth detection information to the target device, wherein the fourth detection information is obtained based on the third detection information ([0018]: the signals can be received or transmitted as radio signals or wired signals, analog or digital signals) – the radio signals, wired signals, analog or digital signals are considered the fourth detection information that is transmitted to the mobile device, i.e., the “target device” as claimed.
Claims 9 and 18. The apparatus according to claim 1, wherein the control circuit is specifically configured to:
determine a state category of the user based on the first detection information ([0040]: electrodes are arranged on the lower face of the heating and/or cooling pad and the signal processor is designed to determine muscle tension by electromyography and/or skin resistance by measuring the conductance of the skin), and
determine an improvement solution corresponding to the state category, wherein
the improvement solution includes the duration and/or the heating temperature of the detection and heating material working in the heating mode ([0070]: the delivery of heat can dilate the blood vessels in the muscles and can thus promote blood circulation in the muscle. Due to the improved blood circulation, harmful substances that block the muscle can also be flushed out of the muscle and the muscle can regenerate. By relaxing the muscle, cramps are released and pain is reduced);
the control circuit is further configured to instruct the detection and heating circuit to switch the working mode of the detection and heating material to the heating mode, and instruct the detection and heating circuit to perform the improvement solution ([0070]: the heating and/or cooling energy can be delivered to the body 28 of the person; [0040]: the measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signa processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source. The information about the muscle tension can be used to achieve targeted relaxation by supplying heat to the muscles; and [0124]: if the muscle is tense, the heating and/or cooling device can be warmed up by delivering electrical energy from the electrical energy storage device to the heating and/or cooling pad. The heating can stimulate muscles); and
the state category is used to indicate a state of the user, and the state of the user includes at least one of a fatigue state, an anxiety state, a sleep state, a tension state, and a depression state ([0040]: the muscle tension).
Claims 10 and 19. Breiter further teaches
decompose the first detection information to obtain a decomposed signal of the first detection information; perform feature extraction on the decomposed signal to obtain a feature signal of the decomposed signal ([0040]: The electrodes for measuring muscle tension EMG can be arranged on the heating and/or cooling device .Electromyography (EMG) is used to measure electrical muscle activity. Electrodes placed on the surface of the skin can be used to measure potential changes in on or more muscles. The measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signal processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source) – the “electrical muscle activity” measured by the EMG is considered the “first detection information “ as claimed. The “potential changes in one or more muscles” is considered the ”decomposed signal” as claimed. The “muscle tension” is considered the “second detection information that is a feature extracted from the decomposed signal” as claimed The potential changes is among types of electrical activity, hence is considered a decomposed signal component of the electrical activity. The muscle tension is a feature obtained by analyzing the potential changes, hence a feature extracted from the decomposed signal”; and
determine the state category of the user based on the feature signal and a state category classification model ([0040]: other sensor for detecting muscle tension may be posture sensors; and [0031]: the posture can be determined by evaluating or assessing the posture data or comparing the measured or recorded posture data with reference posture data in the signal processor. By determining the posture, it can be recognized whether tension is present in the body or in the muscle of the living being…The posture data can show exactly where the problem needs to be tackled or solved) – the “muscle tension” is considered the “state category of the user” as claimed. As the posture and the muscle tension are inter-related, the “recorded posture data with reference posture data” is considered the “state category classification model”.
Claim 11. Breiter teaches in FIGS.1-10 an intelligent system (10) ([0157]: the heating and/or cooling device 10 or patches can be controlled autonomously and intelligently among themselves…it can control its own temperature or receive control commands…Software and/or artificial intelligence can be used to expand and regulate the system as required), wherein the intelligent system comprises
at least one intelligent control apparatus (10) and a target device (34); the target device is configured to:
receive second detection information from the intelligent control apparatus ([0161]: FIG.7, each of the heating and/or cooling devices 10 shown can be designed to send data to a mobile device 34 and/or to receive data from a mobile device 34. The heating and/or cooling device can be connected to a mobile telephone 34 for data exchange via the radio unit 36);
determine a state category of a user based on the second detection information ([0040]: other sensor for detecting muscle tension may be posture sensors; and [0031]: the posture can be determined by evaluating or assessing the posture data or comparing the measured or recorded posture data with reference posture data in the signal processor. By determining the posture, it can be recognized whether tension is present in the body or in the muscle of the living being…The posture data can show exactly where the problem needs to be tackled or solved);
determine first instruction information based on the state category; and send the first instruction information to the intelligent control apparatus, wherein the first instruction information is used to instruct a detection and heating material in the intelligent control apparatus to switch to a heating mode ([0070]: the heating and/or cooling energy can be delivered to the body 28 of the person; [0040]: the measurement of potential changes by means of EMG provides information about the muscle tension. The information about the muscle tension can be provided to the signal processor. The signa processor can be designed to generate a control signal adjusted to the muscle tension for controlling the electrical energy source. The information about the muscle tension can be used to achieve targeted relaxation by supplying heat to the muscles; and [0124]: if the muscle is tense, the heating and/or cooling device can be warmed up by delivering electrical energy from the electrical energy storage device to the heating and/or cooling pad. The heating can stimulate muscles), and
indicate duration and/or a heating temperature of the detection and heating material working in the heating mode ([0156]: a continuously supply of a specific energy or a specified current…to control the heating and/or cooling pad with a constant current or voltage and by changing the on/off time…supply the energy for 2 seconds and not supply for 1 second. The heating of the heating and/or cooling pad can be controlled by the ratio of the time between energy supply and non-supply. The duration for an optimal pulse-pause ratio depends on the thermal capacity of the heating element; and [0157]: the means that each heating and/or cooling device can control its own temperature or receive control commands); and
the state category is used to indicate a state of the user, and the state of the user includes at least one of a fatigue state, an anxiety state, a sleep state, a tension state, and a depression state ([0040]: the muscle tension).
Claim 12. Breiter further teaches
the target device is specifically configured to determine the state category of the user based on the second detection information and a user state category classification model ([0040]: other sensor for detecting muscle tension may be posture sensors; and [0031]: the posture can be determined by evaluating or assessing the posture data or comparing the measured or recorded posture data with reference posture data in the signal processor. By determining the posture, it can be recognized whether tension is present in the body or in the muscle of the living being…The posture data can show exactly where the problem needs to be tackled or solved) – the “muscle tension” is considered the “state category of the user” as claimed. As the posture and the muscle tension are inter-related, the “recorded posture data with reference posture data” is considered the “state category classification model”.
Claim 13. Breiter further teaches
update the state category classification model based on fourth detection information from the intelligent control apparatus ([0040]: other sensors for detecting muscle tension may be…posture sensor…and a temperature sensor; and [0034]: a temperature sensor is designed to generate temperature data and the signal processor is designed to generate the open-loop and/or closed-loop control signal…depending on the temperature data; [0035]: the temperature of the heating and/or cooling pad can be adjusted to the optimal treatment temperature) – the temperature, the posture and the muscle tension are inter-related. To improve the muscle tension, both the temperature data and the posture data are considered part of the classification model. These parameters are adjusted or altered in order to achieve an optimal treatment for muscle tension relieve.
Response to Arguments
Applicant’s arguments in regard to the rejection to claim 1, 11, 14 and 20 have been fully considered but they are not persuasive.
Applicant asserted that the claimed invention distinguishes from the cited prior for the features that the claimed system has distinct modes of detecting and heating in which only one operates at a given time and the system switches between the mods. Further, the detection and heating material is used for both modes. In contrast, Beriter has but one mode. Breiter applies stimulation while gathering sensor data at the same time. Additionally, rather than use a detection and heating material, Breiter uses separate sensors and heating/cooling elements. Thus, Breiter does not switch modes and has separate systems for detecting and stimulating (Remarks, p.10). Examiner respectfully disagrees and note the following:
In regard to the detecting and heating material, the claims recite “a detecting and heating material”. Such a recitation is not limited to comprising merely a single element. A “material” by definition covers one substance or a mixture of substances. Hence, in Breiter, the “electrodes arranged on the heating and/or cooling pad” is considered equivalent to the recited “detecting and heating material”, for which the electrodes are used for detecting, and the pad is used for heating and/or cooling. This interpretation and consideration in-lines with the disclosure for the detecting and heating material. In the PG Pub US 2022/0331550 A1, [0199] discloses that the detection and heating material 310 includes a conducting material 311 and a heat conducting material 312,…the conducting material 311 is used to detect a bioelectric signal, and the heat conducting material 312 is used for heating.
In regard to the dual mode of detection and heating, and the mode switching, the claims recites that the working mode comprises the detection mode and the heating mode in, for example, lines 5-6 of claim 1. The claims further recites that the control circuit is configured to instruct the detection and heating circuit to switch the working mode to the heating mode. However, claims 1, 11, 14 and 20 do not require that the detection mode to be off. It merely requires that the heating mode to be turned on based on what is being detected. Examiner acknowledges that the detection mode and the heating mode are two distinct mode. As considered in the rejection, Breiter teaches the detection mode performed by the electrodes, and the heating mode performed by the heating/cooling pad and its associated circuitry. The detection result controls whether to perform the heating mode. Breiter hence is considered providing sufficient and appropriate teaching to the identified features in Claims 1, 11, 14 and 20 in the Remarks.
Based on the above consideration, claims 1-20 remain rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/YI-SHAN YANG/ Primary Examiner, Art Unit 3798