DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/04/2026 has been entered.
Response to Amendment
The amendment filed on 05/04/2026 has been entered. Claims 1, 12, and 16 have been amended. Claims 8 and 9 have been cancelled. No claims have been newly added. Claims 1-7 and 10-20 remain pending in the instant application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 12, and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim 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.
Claims 1-3, 5-7, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over US20190015295A1 to Marton et al. (hereinafter “Marton”) in view of US20220047447A1 to Wang et al. (hereinafter “Wang”), US20200121545A1 to Parker et al. (hereinafter “Parker”) and CN112022683A to Kou (hereinafter “Kou”).
Regarding claim 1, Marton discloses a therapeutic device (See Fig. 28 generally; Paragraph 0004 discloses the device provides compression, vibration, and heat to a user), the device comprising:
a top layer (Fig. 28 outer side of sleeve 740);
a bottom layer adapted to contact a body surface of a user (Fig. 28 inner side of sleeve 740; Examiner notes the inner side is in contact with the user); and
a therapeutic element disposed between the top layer and the bottom layer, the therapeutic element comprising a vibration component (Fig. 7 vibration pods, 120, 122, 124, 126);
a thermal component (Fig. 7 heat generation unit 130); and
wherein, upon activation of the therapeutic element:
(i) the vibration component applies a vibration force (Paragraphs 0086-0088 disclose the vibration pods may be used in different modes), (ii) the thermal component applies a thermal therapy (Paragraph 0088 discloses the heat modes may be selected in combination with or not selected at all with the vibration modes; Examiner notes the device is thus capable of providing heat once the vibration pods are turned on).
Marton does not disclose a compression component upon activation of the therapeutic element and the compression component applies a compressive force. However, Wang teaches a flexible wrap with a pneumatic bladder to apply pressure to a user during therapy (Figs. 3-5 pneumatic subsystem 140, pneumatic bladders 148, 152, 156, pneumatic pump 160, control unit 164; Paragraph 0048 discloses there may a plurality of pneumatic bladders; Paragraph 0052 discloses the control unit 164 has control over the bladders; Paragraph 0047 discloses the control unit allows for user input and controls the application of pneumatic pressure and temperature control at the same time).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the compression wrap and control unit of Marton to further include a bladders and logic to control the bladders, as taught by Wang, in order to provide controllable compression to the user during therapy (Paragraph 0115).
Marton does not disclose wherein the thermal component is bonded directly to the vibration component via a bonding structure. However, Kou teaches an acupressure device which has a thermal component bonded directly to a vibration component via a bonding structure (Fig. 3 heating layer 13 and vibrator 15 are joined together by a silica gel layer 103).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the foam plate of Marton to be replaced with a silica gel layer, as taught by Kou, in order to provide an alternative means for dissipating vibrations of the vibrator. Examiner notes the modification would also be an improvement to hold internal pieces of the device in place more securely due to adherence to the silica gel rather than resting on foam.
Modified Marton does not disclose a compression component bonded to the bottom layer at a perimeter. However, Parker teaches a pneumatic compression system where the compression component is bonded to a bottom layer at a perimeter (Fig. 35 bladder 320, seal 322, inflatable portion 323; Paragraph 0121 discloses the bladder and seal are between the top portion 304 and a bottom portion 306; seal 322 lies flat on the bottom layer for mounting thereto).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Marton to have the compression component bonded to a bottom layer at a perimeter, as taught by Parker, in order to encompass and secure the impermeable bladder (Paragraph 0121).
Regarding claim 2, Marton in view of Wang, Parker, and Kou discloses the device of claim 1, and Marton further discloses wherein the top layer comprises a flexible, elastic material (Paragraph 0006 discloses the compression wrap is made of an elastic material).
Regarding claim 3, Marton in view of Wang, Parker, and Kou discloses the device of claim 1, and Marton further discloses wherein the bottom layer comprises an inelastic material (Fig. 19 structure 112; Paragraph 0039 discloses structure 112 may be fabric; Examiner notes the structure 112 would be the inside of the wrap; Examiner also notes the fabric while able flex is not elastic).
Regarding claim 5, Marton in view of Wang, Parker, and Kou discloses the device of claim 1, and Marton as modified by Wang further discloses the compression component comprises an inflatable bladder (Figs. 3-5 pneumatic subsystem 140, pneumatic bladders 148, 152, 156, pneumatic pump 160, control unit 164; Paragraph 0048 discloses there may a plurality of pneumatic bladders).
Regarding claim 6, Marton in view of Wang, Parker, and Kou discloses the device of claim 5, and Marton as modified by Wang further discloses wherein the device further comprises an air compressor adapted to selectively inflate the inflatable bladder (Wang pneumatic pump 160; Paragraphs 0054 and 0081 discloses the pump 160 is controlled by the controller to selectively fill the bladders to a desired pressure).
Regarding claim 7, Marton in view of Wang, Parker, and Kou discloses the device of claim 6, and Marton as modified by Wang further discloses wherein the air compressor is disposed within a control module (Wang Fig. 4 control assembly 166; Paragraph 0054 discloses the pump 160 is coupled to control unit 164 to form control assembly 166).
Regarding claim 10, Marton in view of Wang, Parker, and Kou discloses the device of claim 1, and Marton further discloses wherein one or more of the vibration component, the thermal component, and the compression component are integrated together by the therapeutic element (Fig. 7 vibration pods 120, 122, 124, 126, and heat generation unit 130 are attached to the same structure; Examiner notes the modification of Kou results in the thermal component and silica gel layer integrated together with the vibration component).
Regarding claim 11, Marton in view of Wang, Parker, and Kou discloses the device of claim 1, and Marton as modified by Wang further discloses wherein, upon activation of the therapeutic element, the compression component curves to more closely conform to the bottom layer (Examiner notes that as the bladders of Wang expand, they will naturally conform more closely to the bottom layer).
Regarding claim 12, Marton discloses a therapeutic device for applying vibration, thermal and compressive therapy (See Fig. 28 generally; Paragraph 0004 discloses the device provides compression, vibration, and heat to a user), the device comprising:
a top layer (Fig. 28 outer side of sleeve 740);
a bottom layer adapted to contact a body surface of a user (Fig. 28 inner side of sleeve 740; Examiner notes the inner side is in contact with the user); and
a therapeutic element disposed between the top layer and the bottom layer, the therapeutic element comprising a vibration component comprising a plurality of vibration elements (Fig. 7 vibration pods, 120, 122, 124, 126);
a thermal component (Fig. 7 heat generation unit 130); and
wherein, upon activation of the therapeutic element: (i) the vibration component applies a vibration force (Paragraphs 0086-0088 disclose the vibration pods may be used in different modes), (ii) the thermal component applies a thermal therapy (Paragraph 0088 discloses the heat modes may be selected in combination with or not selected at all with the vibration modes; Examiner notes the device is thus capable of providing heat once the vibration pods are turned on).
Marton does not disclose a compression component upon activation of the therapeutic element and the compression component applies a compressive force. However, Wang teaches a flexible wrap with a pneumatic bladder to apply pressure to a user during therapy (Figs. 3-5 pneumatic subsystem 140, pneumatic bladders 148, 152, 156, pneumatic pump 160, control unit 164; Paragraph 0048 discloses there may a plurality of pneumatic bladders; Paragraph 0052 discloses the control unit 164 has control over the bladders).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the compression wrap and control unit of Marton to further include a bladders and logic to control the bladders, as taught by Wang, in order to provide controllable compression to the user during therapy (Paragraph 0115).
Marton does not disclose wherein the thermal component is bonded directly to the vibration component via a bonding structure. However, Kou teaches an acupressure device which has a thermal component bonded directly to a vibration component via a bonding structure (Fig. 3 heating layer 13 and vibrator 15 are joined together by a silica gel layer 103).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the foam plate of Marton to be replaced with a silica gel layer, as taught by Kou, in order to provide an alternative means for dissipating vibrations of the vibrator. Examiner notes the modification would also be an improvement to hold internal pieces of the device in place more securely due to adherence to the silica gel rather than resting on foam.
Modified Marton does not disclose a compression component bonded to the bottom layer at a perimeter. However, Parker teaches a pneumatic compression system where the compression component is bonded to a bottom layer at a perimeter (Fig. 35 bladder 320, seal 322, inflatable portion 323; Paragraph 0121 discloses the bladder and seal are between the top portion 304 and a bottom portion 306).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Marton to have the compression component bonded to a bottom layer at a perimeter, as taught by Parker, in order to encompass and secure the impermeable bladder (Paragraph 0121).
Regarding claim 13, Marton in view of Wang, Parker, and Kou discloses the device of claim 12, and Marton further discloses wherein the plurality of vibration elements comprises a plurality of vibration pods (Fig. 18 vibration pods 120, 122, 124, 126).
Regarding claim 14, Marton in view of Wang, Parker, and Kou discloses the device of claim 12, and Marton further discloses wherein the plurality of vibration elements are electrically coupled to a control module (Paragraph 0059 discloses the vibration pods are electrically connected to the control unit).
Regarding claim 15, Marton in view of Wang, Parker, and Kou discloses the device of claim 12, and Marton as modified by Wang further discloses the compression component comprises an inflatable bladder (Figs. 3-5 pneumatic subsystem 140, pneumatic bladders 148, 152, 156, pneumatic pump 160, control unit 164; Paragraph 0048 discloses there may a plurality of pneumatic bladders).
Regarding claim 16, Marton discloses a therapeutic device (See Fig. 28 generally; Paragraph 0004 discloses the device provides compression, vibration, and heat to a user), the device comprising:
a top layer (Fig. 28 outer side of sleeve 740);
a bottom layer adapted to contact a body surface of a user (Fig. 28 inner side of sleeve 740; Examiner notes the inner side is in contact with the user); and
a therapeutic element disposed between the top layer and the bottom layer, the therapeutic element comprising a vibration component (Fig. 7 vibration pods, 120, 122, 124, 126);
a thermal component comprising at least one of a thermal pad, a heat spreader or a silicone overmold insert (Fig. 7 heat generation unit 130; Examiner notes the heat generation unit is a thermal pad); and
(i) the vibration component applies a vibration force (Paragraphs 0086-0088 disclose the vibration pods may be used in different modes), (ii) the thermal component applies a thermal therapy (Paragraph 0088 discloses the heat modes may be selected in combination with or not selected at all with the vibration modes; Examiner notes the device is thus capable of providing heat once the vibration pods are turned on).
Marton does not disclose a compression component upon activation of the therapeutic element and the compression component applies a compressive force. However, Wang teaches a flexible wrap with a pneumatic bladder to apply pressure to a user during therapy (Figs. 3-5 pneumatic subsystem 140, pneumatic bladders 148, 152, 156, pneumatic pump 160, control unit 164; Paragraph 0048 discloses there may a plurality of pneumatic bladders; Paragraph 0052 discloses the control unit 164 has control over the bladders).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the compression wrap and control unit of Marton to further include a bladders and logic to control the bladders, as taught by Wang, in order to provide controllable compression to the user during therapy (Paragraph 0115).
Marton does not disclose wherein the thermal component is bonded directly to the vibration component via a bonding structure. However, Kou teaches an acupressure device which has a thermal component bonded directly to a vibration component via a bonding structure (Fig. 3 heating layer 13 and vibrator 15 are joined together by a silica gel layer 103).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the foam plate of Marton to be replaced with a silica gel layer, as taught by Kou, in order to provide an alternative means for dissipating vibrations of the vibrator. Examiner notes the modification would also be an improvement to hold internal pieces of the device in place more securely due to adherence to the silica gel rather than resting on foam.
Modified Marton does not disclose a compression component bonded to the bottom layer at a perimeter. However, Parker teaches a pneumatic compression system where the compression component is bonded to a bottom layer at a perimeter (Fig. 35 bladder 320, seal 322, inflatable portion 323; Paragraph 0121 discloses the bladder and seal are between the top portion 304 and a bottom portion 306).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Marton to have the compression component bonded to a bottom layer at a perimeter, as taught by Parker, in order to encompass and secure the impermeable bladder (Paragraph 0121).
Regarding claim 17, Marton in view of Wang, Parker, and Kou discloses the device of claim 16, and Marton further discloses wherein the top layer comprises a flexible, elastic material (Paragraph 0006 discloses the compression wrap is made of an elastic material).
Regarding claim 18, Marton in view of Wang, Parker, and Kou discloses the device of claim 16, and Marton further discloses wherein the vibration component comprises a plurality of vibration elements (Fig. 18 vibration pods 120, 122, 124, 126).
Regarding claim 19, Marton in view of Wang, Parker, and Kou discloses the device of claim 18, and Marton as modified by Wang further discloses the compression component comprises an inflatable bladder (Figs. 3-5 pneumatic subsystem 140, pneumatic bladders 148, 152, 156, pneumatic pump 160, control unit 164; Paragraph 0048 discloses there may a plurality of pneumatic bladders).
Regarding claim 20, Marton in view of Wang, Parker and Kou discloses the device of claim 19, and Marton as modified by Wang further discloses wherein upon activation of the therapeutic element: (i) the plurality of vibration elements apply a vibration force (Paragraphs 0086-0088 disclose the vibration pods may be used in different modes), (ii) at least one of the thermal pad, the heat spreader and the silicone overmold insert applies a thermal therapy (Paragraph 0088 discloses the heat modes may be selected in combination with or not selected at all with the vibration modes; Examiner notes the device is thus capable of providing heat once the vibration pods are turned on), and (iii) the inflatable bladder applies a compressive force (Examiner notes the bladder of Wang would inflate as the vibration and heating elements of modified Marton activate).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Marton in view of Wang, Parker, and Kou as applied to claim 1 above, and further in view of US10423171B2 to Streeter et al. (hereinafter “Streeter”).
Regarding claim 4, Marton in view of Wang, Parker, and Kou discloses the device of claim 3, but Marton does not disclose wherein the inelastic material comprises molded silicone. However, Streeter teaches a vibratory and heated prosthetic device which has an inner (user contacting) layer made of molded silicone (Fig. 38 first interface layer 8093; Col. 19 lines 10-29 disclose pouring a silicone mold to contour to a patient’s body with actuators layered inside; Examiner notes only the inner layer would be made from the molded silicone).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the inner layer of Marton to be made of molded silicone, as taught by Streeter, in order to provide an accurate contour to the place where the patient is donning the device (Col. 19 lines 51-53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20140330186-A1 to Hyde; US-20140012169-A1 to Wilford; US-20130085432-A1 to Malhi; US-20090062703-A1 to Meyer; US-20080249443-A1 to Avitable; US-20050154336-A1 to Kloecker; and US-20050187503-A1 to Tordella.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRANDY LEE can be reached at 571-270-3525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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