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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted are being considered by the examiner.
Response to Amendment
The examiner acknowledges the amendment made to claim 1 with claims 11 and 12 cancelled in prosecution. Currently claims 1-10 and 13-23 are pending in the present application.
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.
Claim(s) 1, 4-5, 10, 16-19 is/are rejected under 35 U.S.C. 103 as being anticipated by Well-Life Healthcare (German Patent No 202015102429U1) hereinafter known as Well-Life in view of Liu (Chinese Patent No 210932172).
Regarding claim 1, Well-Life teaches a thermal signal transmission patch (thermal healing apparatus 10, [0017]), the thermal signal transmission patch electrically connected to an external controller, an external electronic component or an external signal source (see wherein the features of the thermal healing apparatus are connected to an operating unit 2 which acts as an external controller for the device, [0019]), the thermal signal transmission patch comprising: a substrate (see wherein the heating apparatus is comprised of a main substrate body 1, [0017]), wherein the substrate is a sheet-shaped body (see wherein the main body 1 takes the form of a flexible belt or sheet layer, [0002]); and a loop layer arranged on one side of the substrate and at least comprising a first loop layer and a second loop layer, wherein the first loop layer comprises a first contact, a second contact and a third contact; wherein the second loop layer comprises a fourth contact, a fifth contact and a sixth contact (see the Well-Life annotated figure 1 below in which all the details for the loop layer are explained); wherein an electrical connection mode of the first contact, the second contact, the fourth contact and the fifth contact of the loop layer electrically connected to the external controller or the external electronic component is changed (see from the figure 1 wherein the first, second, fourth and fifth contacts are electrically connected to the control unit 2, see also [0019]), and the third contact and the sixth contact are electrically connected to the external signal source (see from the figure 1 wherein the third and sixth contacts are electrically connected to the control unit 2 seen as the external signal source, see also [0019]), so as to achieve a fast switching between an electrotherapy and a thermotherapy (in which the heating apparatus can be conveniently used and switched for properties of both heat treatment and electrotherapy, [0021]). Wherein the first contact is connectable to the second contact through the external controller and the fourth contact is connectable to the fifth contact through the external controller (see from the figure 1, wherein the first and second contact as well as the fourth and fifth contacts connect with each other at the control unit 2 terminal, therefore creating continued contact, see also [0019] – [0021]).
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Well-Life annotated figure 1.
Well-Life does not explicitly teach that a first loop-circuit of the first contact and the second contact is a first pole and a second loop circuit of the fourth contact and the fifth contact is a second pole, so as to perform electrotherapy; wherein the first contact is connectable to the fourth contact through the external controller and the second contact is connectable to the fifth contact through the external controller, to form two loop-circuits in parallel for performing the thermotherapy.
However, the analogous thermotherapy and electrotherapy patch which is disclosed by Liu does teach a first loop-circuit of the first contact and the second contact is a first pole and a second loop circuit of the fourth contact and the fifth contact is a second pole, so as to perform electrotherapy; wherein the first contact is connectable to the fourth contact through the external controller and the second contact is connectable to the fifth contact through the external controller, to form two loop-circuits in parallel for performing the thermotherapy (see from Liu, in which there is a conductive layer 22 and a thermal heating layer 23 which are both connected via positive and negative loops 211 and 212 which are connected and controlled via the relay terminal 30, therefore essentially creating the two poles. Within the relay control terminal 30 there are planar electrodes which control the thermal circuitry 21 and the presence of jumper electrodes 67 which control the electrical circuitry and when the contacts of the loops 211 and 212 are in contact with the jumper electrodes 67 electrotherapy is applied, and when the contacts of the loops 211 and 212 are in contact with the planar electrodes 65, then thermotherapy is applied to the device, see also figs 9 and 10).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the thermal signal transmission patch taught by Well-Life with that of the specific switching loop circuitry for determining whether thermotherapy or electrotherapy is applied as taught by Liu, as it is a simplified way to quickly and effectively change from thermotherapy to electrotherapy using the same loop circuitry and same transmission device as disclosed by Liu in the detailed description.
Regarding claim 4, Well-Life teaches the thermal signal transmission patch of claim 1, wherein the first contact and the second contact of the first loop layer and the fourth contact and the fifth contact of the second loop layer are electrically connected to the external controller (see from the figure 1 wherein the first, second, fourth and fifth contacts are electrically connected to the control unit 2, see also [0019]).
Regarding claim 5, Well-Life teaches the thermal signal transmission patch of claim 1, wherein the external controller is an active component or a passive component (wherein the control unit 2 is responsible for turning on the heat treatment via a control switch, [0028], thereby definition classifying it as a passive component).
Regarding claim 10, Well-Life teaches the thermal signal transmission patch of claim 1, wherein the third contact of the first loop layer and the sixth contact of the second loop layer are electrically connected to an electrotherapy-and-hot-compress therapy apparatus (see from the figure 1 wherein the third and sixth contacts are electrically connected between a heat compress layer 13 to the control unit 2 seen as the external signal source, see also [0019]).
Regarding claim 16, Well-Life teaches the thermal signal transmission patch of claim 1, further comprising an adhesive layer arranged on the one side of the substrate, wherein the adhesive layer and the loop layer are arranged on the same one side of the substrate (see wherein there are multiple adhesive pads 64 on the loop layer side and thereby forming an adhesive layer on the substrate, [0024]).
Regarding claim 17, Well-Life teaches the thermal signal transmission patch of claim 16, wherein the substrate is an adhesive bandage (wherein the healing apparatus takes form of a sheet or belt to place over irritable locations, [0002], and is therefore a bandage containing adhesive layers 64 for adhering to the subject, [0024]).
Regarding claim 18, Well-Life teaches the thermal signal transmission patch of claim 1, wherein the substrate is non-adhesive (see [0024] – [0025] in which the adhesive pads act as the adhesion point and the main body 1 or substrate body is non-adhesive).
Regarding claim 19, Well-Life teaches the thermal signal transmission patch of claim 18, wherein the substrate is a bandage (wherein the healing apparatus takes form of a sheet or belt to place over irritable locations, [0002], and is therefore a bandage).
Claim(s) 2-3, 6-9, 13-15, 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Well-Life Healthcare (German Patent No 202015102429U1) hereinafter known as Well-Life in view of Liu (Chinese Patent No 210932172) further in view of Lei (Chinese Patent No 107860483A).
Regarding claim 2 and 3, Well-Life and Liu teach the thermal signal transmission patch of claim 1.
The combination does not teach wherein the first and second loop layer comprises a first outer line segment and a first inner line segment electrically connected to the first outer line segment; the first outer line segment is C-shaped; one end of the first outer line segment is electrically connected to one end of the first inner line segment; the first inner line segment comprises two first straight line segments and a first C-shaped line segment electrically connected between the two first straight line segments; the other end of the first outer line segment fails to be directly connected to the other end of the first inner line segment; the first contact is formed at the other end of the first outer line segment; the second contact is formed at the other end of the first inner line segment; the third contact is formed where the first outer line segment and the first inner line segment are electrically connected, and the fourth contact is formed at the other end of the second outer line segment; the fifth contact is formed at the other end of the second inner line segment; the sixth contact is formed where the second outer line segment and the second inner line segment are electrically connected.
However, the analogous heater sheet with temperature control taught by Lei does disclose
wherein the first and second loop layer comprises a first outer line segment and a first inner line segment electrically connected to the first outer line segment; the first outer line segment is C-shaped; one end of the first outer line segment is electrically connected to one end of the first inner line segment; the first inner line segment comprises two first straight line segments and a first C-shaped line segment electrically connected between the two first straight line segments; the other end of the first outer line segment fails to be directly connected to the other end of the first inner line segment; the first contact is formed at the other end of the first outer line segment; the second contact is formed at the other end of the first inner line segment; the third contact is formed where the first outer line segment and the first inner line segment are electrically connected, and the fourth contact is formed at the other end of the second outer line segment; the fifth contact is formed at the other end of the second inner line segment; the sixth contact is formed where the second outer line segment and the second inner line segment are electrically connected (see Lei annotated figure 3 for full analysis on how Lei teaches all the features as claimed in claims 2 and 3).
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Lei Annotated Figure 3.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the thermal layer patch taught by Well-Life and Liu with that of the specific circuitry and loop layer structure defined by Lei as it would be a simple design choice and another obvious loop layer structure to use to generate an effective circuit for both thermal and electrotherapy delivery, as taught by Lei.
Regarding claim 6, the combination teaches the thermal signal transmission patch of claim 5, wherein the active component is a proportional integral derivative controller (wherein Lei teaches that PID control may be used to control heater operation, [Background]).
Regarding claim 7, the combination teaches the thermal signal transmission patch of claim 6, wherein the proportional integral derivative controller is a microcontroller, a control chip or a temperature control chip (from Lei, wherein the control may be comprised of a control circuit chip, [Detailed Description]).
Regarding claim 8, the combination teaches the thermal signal transmission patch of claim 5, wherein the passive component is an environmental sensor (from Lei, wherein the control circuit is connected with a temperature sensor pad 6 which monitors the environment temperature, [Detailed Description]).
Regarding claim 9, the combination teaches the thermal signal transmission patch of claim 8, wherein the environmental sensor is a thermistor or a relay (from Lei, wherein the preferred technical solution the temperature sensor is an NTC resistor, [Invention Summary], which is a type of thermistor).
Regarding claim 13, the combination teaches the thermal signal transmission patch of claim 1, wherein the first loop layer and the second loop layer are connected to form a parallel loop-circuit (see from Lei annotated figure 3 above in which the first and second loop layers share a connection point, which forms a parallel loop circuit); the first contact of the first loop layer is connected to the fourth contact of the second loop layer; the second contact of the first loop layer is connected to the fifth contact of the second loop layer (from Well-Life, see from the figure 1, in which the first and fourth contact and the second and fifth contact share delivery cables, thereby resulting in parallel circuits for performing thermotherapy, see also [0020]); the thermal signal transmission patch further comprises a first thermistor (from Lei, wherein the preferred technical solution the temperature sensor is an NTC resistor, [Invention Summary], which is a type of thermistor); the second contact and the fifth contact are electrically connected to the first thermistor (from Lei, the NTC thermistor 61 is overlapping and in electrical connection with that of the trace 3 which is the electrical contact points for both the second and fifth contact); the third contact of the first loop layer and the sixth contact of the second loop layer are connected to the external signal source (from Well-Life, see from the figure 1 wherein the third and sixth contacts are electrically connected to the control unit 2 seen as the external signal source, see also [0019]).
Regarding claim 14, the combination teaches the thermal signal transmission patch of claim 1, further comprising a third loop layer (please see the Lei annotated figure 3 below for indication of the third loop layer), a first thermistor and a second thermistor (from Lei, see the NTC thermistors 61 which are in use, [Detailed Description]), wherein the third loop layer comprises a first innermost line segment and a second innermost line segment (please see the Lei annotated figure 3 below for indication of the third loop layer); the first loop layer, the second loop layer and the third loop layer are connected to form a parallel loop-circuit (see from Lei annotated figure 3 above in which the first and second and third loop layers share a connection point, which forms a parallel loop circuit); the first contact of the first loop layer is connected to the fourth contact of the second loop layer; the second contact of the first loop layer is connected to the fifth contact of the second loop layer (see from the figure 1 wherein the first, second, fourth and fifth contacts are electrically connected to the control unit 2, see also [0019]); the second contact and the fifth contact are electrically connected to the first thermistor (from Lei, the NTC thermistor 61 is overlapping and in electrical connection with that of the trace 3 which is the electrical contact points for both the second and fifth contact); a seventh contact of the first innermost line segment is formed at one end of the first innermost line segment; an eighth contact of the second innermost line segment is formed at one end of the second innermost line segment (please see the Lei annotated figure 3 below for indication of the third loop layer and how it defines a seventh and eight contact); the seventh contact is connected to the eighth contact (see from Lei, figure 3 in which the seventh and eight contact are connected via the trace 3); the seventh contact and the eighth contact are electrically connected to the second thermistor (from Lei, the NTC thermistor 61 is overlapping and in electrical connection with that of the trace 3 which is the electrical contact points for both the seventh and eighth contact); the other end of the first innermost line segment is electrically connected to the third contact of the first loop layer and the external signal source; the other end of the second innermost line segment is electrically connected to the sixth contact of the second loop layer and the external signal source (Well-Life, see from the figure 1 wherein the third and sixth contacts are electrically connected between a heat compress layer 13 to the control unit 2 seen as the external signal source, see also [0019]).
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Lei, Annotated figure 3.
Regarding claim 15, the combination teaches the thermal signal transmission patch of claim 14, wherein the first innermost line segment and the second innermost line segment are two oppositely arranged arcuate shapes (see the annotated figure 3 above taught by Lei in which the innermost line segments are opposite “C” or arcuate shapes).
Regarding claim 20, the combination teaches the thermal signal transmission patch of claim 1, wherein the loop layer is a conductive cloth (see in the [Background] of Lei in which the control chip package may comprise a thermal grease or paste equivalent to a conductive paste. Wherein the applicant specification conductive paste is defined as a possible material for a conductive cloth).
Regarding claim 21, the combination teaches the thermal signal transmission patch of claim 20, wherein the conductive cloth is a silver fiber cloth, nanometer silver wires or a conductive paste (see in the [Background] of Lei in which the control chip package may comprise a thermal grease or paste equivalent to a conductive paste. Wherein the applicant specification conductive paste is defined as a possible material for a conductive cloth).
Regarding claim 22, the combination teaches the thermal signal transmission patch of claim 21, wherein the conductive paste is a thermal-transfer-type conductive gel (see in the [Background] of Lei in which the control chip package may comprise a thermal grease or paste equivalent to a conductive paste).
Regarding claim 23, the combination teaches the thermal signal transmission patch of claim 1, wherein the thermal signal transmission patch is a flexible printed circuit board, a flexible line-circuit board, a soft circuit board, a soft line- circuit board, a flexibility line-circuit board or a soft board (see in the [Summary] of Lei in which the heater assembly is comprised of a printed chip or circuit board on a soft substrate).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, with regards to the amended claim 1, the examiner agrees with the applicant that the former prior art of record of Well-Life alone did not explicitly teach the amended limitation that there were different loop circuitry which were connectable in an external controller, and based on how the loop circuitry was in contact with the controller dictated whether electrotherapy or thermotherapy were performed. However, after further search and consideration, necessitated by the amended claim language it has been found that the new prior art of record Liu does teach a first loop-circuit of the first contact and the second contact is a first pole and a second loop circuit of the fourth contact and the fifth contact is a second pole, so as to perform electrotherapy; wherein the first contact is connectable to the fourth contact through the external controller and the second contact is connectable to the fifth contact through the external controller, to form two loop-circuits in parallel for performing the thermotherapy (see from Liu, in which there is a conductive layer 22 and a thermal heating layer 23 which are both connected via positive and negative loops 211 and 212 which are connected and controlled via the relay terminal 30, therefore essentially creating the two poles. Within the relay control terminal 30 there are planar electrodes which control the thermal circuitry 21 and the presence of jumper electrodes 67 which control the electrical circuitry and when the contacts of the loops 211 and 212 are in contact with the jumper electrodes 67 electrotherapy is applied, and when the contacts of the loops 211 and 212 are in contact with the planar electrodes 65, then thermotherapy is applied to the device, see also figs 9 and 10). Therefore, as Liu does teach the newly amended claim limitations, the amended claim 1 remains rejected under the new prior art of record rejection of Well-Life in view of Liu set forth in the present office action.
As no further arguments or remarks have been made about any further claims, the rest of the dependent claims also remain rejected by the prior art of record rejection set forth in the present office action.
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 KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/KYLE M. BROWN/Examiner, Art Unit 3794