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 .
Response to Arguments
Applicant's arguments filed on 10/29/2025 have been fully considered but they are not persuasive. Applicant argues that the pending 101 incredible utility rejection is improper and accuses Examiner of “indefinite fabrication” regarding the application of the NPL cited in the rejection. Examiner respectfully disagrees and asserts that no fabrication was involved as the University of California San Francisco explicitly recites, “there is no single procedure that works for everyone with Bell’s palsy” (Pg. 1, 1st paragraph) while the Mayo Clinic explicitly recites, “There’s no one-size-fits-all treatment for Bell’s palsy” (Pg. 3, 1st paragraph). Examiner maintains that Applicant has fails to supply acceptable proof that the disclosed cure/full recovery can fully relieve patients of symptoms caused by Bell’s palsy and Ramsay Hunt Syndrome.
If Applicant has any questions regarding the clarification of any of the response to arguments discussed above, please call the Examiner at 703-756-1596 in order to arrange an interview in which Examiner can provide insight to the response to arguments.
Claim Objections
Claims 40-42, 44-47, and 49-55 objected to because of the following informalities:
Regarding claims 40, 50-51, and 53-55, every instance of “prosnostocating” should be replaced with “prognosticating”.
Claim 40
Pg. 16, line 13 should be amended to recite, “...mastoid, an ipsilateral masseter, and in soft tissues in and around an ipsilateral facial canal, [[and]] its facial nerve, and related pathways…”
Pg. 17, line 3 should be amended to recite, “…serial BP patients’ selfies…”
Claim 41
Pg. 17, line 14 should be amended to recite, “…range of 2-10Hz[[)]]”
Pg. 17, line 15 should be amended to recite, “…in [[a]] intensity ranges of low 1-20, medium 20-100, and high 100-500[[)]]”
Claim 44
Pg. 19, line 3 should be amended to recite, “…masseter.[[,]]”
Claim 45
Pg. 19, line 6 should be amended to recite, “…a diameter of 0.16 millimeters…”
Claim 46
Pg. 20, line 4 should be amended to recite eyebrow in place of earbrow
Pg. 20, line 6 should be amended to recite, “…[[of]] in speech[[es]]”
Pg. 20, line 7 should be amended to recite, “…and functions returning in an average of 12 days…”
Claim 47
Pg. 20, line 12 should be amended to recite, “at least networked smartphones [[comprises]] comprising…”
Pg. 21, line 6 should be amended to recite, “…desktops [[comprise]] comprising…”
Pg. 21, line 10 should be amended to recite, “at least networked servers [[comprises]] comprising…”
Claim 49
Pg. 22, line 4 should be amended to recite, “…avatars [[comprise]] comprising…”
Claim 50
Pg. 22, line 17 should be amended to recite, “…devices, [[comprising]] comprises…”
Claim 51
Pg. 23, line 11 should be amended to recite, “…treatments, [[comprising]] comprises:”
Claim 52
Pg. 24, line 5 should be amended to recite, “…[[comprising]] comprises…”
Claim 53
Pg. 25, line 3 should be amended to recite, “…the method [[comprises]] further comprising…”
Claim 54
Pg. 25, line 15 should be amended to recite, “…[[percutaneously]] percutaneously…”
Pg. 26, line 1 should be amended to recite, “…[[percutaneously]] percutaneously…”
Pg. 26, line 3 should be amended to recite, “…[[percutaneously]] percutaneously…”
Appropriate correction is respectfully requested.
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.
If Applicant has any questions regarding the clarification of any of the rejections under 35 USC § 112 discussed below, please call the Examiner at 703-756-1596 in order to arrange an interview in which Examiner can provide insight to the rejections and possible suggestions to help overcome the pending rejections.
Claims 40-56 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.
Claims 40-56 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Claim 40 recites the limitation "the mastoid" in line 13. There is insufficient antecedent basis for this limitation in the claim. Dependent claims inherit the same deficiencies.
Regarding claim 40, the recitation of “…and recommending frequencies, durations and numbers in the treatments” renders the claim unclear. Specifically, it is unclear as to whether the numbers in question are referring to stimulation parameters (intensity, duty cycle, etc.) or the amount of treatment sessions recommended. For examination purposes, Examiner will be interpreting the numbers in question as referring to repetitions of the treatments.
Claim 40 recites the limitation "the viewing and touchscreens" on page, 17, lines 8-9. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 41, the recitation of, “a low intensity 6, in a intensity ranges of low 1-20, medium 20-100, high 100-500” renders the claim unclear. Specifically, it is unclear what parameter the intensity ranges are referring to or what unit is attached to the intensity range. For examination purposes, Examiner will be interpreting an intensity range as an amplitude range.
Claim 46 recites the limitation "the muscle of the upper and lower eyelids" on page 20, lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 46 recites the limitation "the muscles of the forehead and earborw" on page 20, lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 46 recites the limitation "the cheeks and lips" on page 20, line 5. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 47, the limitation of, “wherein the networked communication devices comprise: at least networked smart phones…at least networked laptops…and at least networked desktops” renders the claim unclear. It is unclear if claim 47 requires each of a smartphone, desktop, and laptop, or only one of a smartphone, desktop, or laptop. For examination purposes, Examiner will interpret claim 47 as requiring at least one of a smartphone, desktop, and a laptop.
Claim 50 recites the limitation "the BP onsets" on page 23, line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 50 recites the limitation "the individual series of progresses during the treatments" on page 23, line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 51 recites the limitation "the individual series of progresses during the treatments" on page 23, lines 14-15. There is insufficient antecedent basis for this limitation in the claim.
Claim 52 recites the limitation "the individual series of progresses during the treatments" on page 24, line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 52 recites the limitation "the costs" on page 24, line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the electrical acupuncture stimulators" on page 24, lines 12-13. There is insufficient antecedent basis for this limitation in the claim. Dependent claims inherit the same deficiencies.
Claim 53 recites the limitation "the pair of percutaneous cathode and anode electrodes" on page 24, line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the treatments" on page 24, line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the neuronal activities" on page 24, line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the sternocleidomastoid" on page 24, line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the soft tissues" on page 24, line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the swelling of the soft tissues" on page 25, line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the normal facial movements and functions" on page 25, line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the commercial software" on page 25, lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the networked repositories" on page 25, line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the networked communication devices" on page 25, line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the individual compositions of the individual same serial…" on page 25, line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "the digital blockchains" on page 25, line 9. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 53, the recitation of “…and recommending frequencies, durations and numbers in the treatments” renders the claim unclear. Specifically, it is unclear as to whether the numbers in question are referring to stimulation parameters (intensity, duty cycle, etc.) or the amount of treatment sessions recommended. For examination purposes, Examiner will be interpreting the numbers in question as referring to repetitions of the treatments.
Claim 54 recites the limitation "the frequency" on page 26, line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 54 recites the limitation "the low intensity" on page 26, line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 54 recites the limitation "the 12-minutes duration" on page 26, line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 54 recites the limitation "the networked smartphones, laptops, desktops" on page 26, line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 55 recites the limitation "the individual series of progresses" on page 28, line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 56 recites the limitation "the individual series of progresses" on page 28, line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 56 recites the limitation "the costs" on page 29, line 1. There is insufficient antecedent basis for this limitation in the 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.
If Applicant has any questions regarding the clarification of any of the rejections under 35 USC § 101 discussed below, please call the Examiner at 703-756-1596 in order to arrange an interview in which Examiner can provide insight to the rejections and possible suggestions to help overcome the pending rejections.
Claims 40-56 are rejected under 35 U.S.C. 101 because the claimed invention is not supported by either a credible asserted utility or a well-established utility.
An assertion of utility is not considered credible when a person of ordinary skill in the art would consider the assertion to be “incredible in view of contemporary knowledge” and when nothing is offered by the Applicant that would counter what contemporary knowledge might suggest. When an alleged utility appears to be incredible in the light of the knowledge of the art, or factually misleading, applicant must establish the asserted utility by acceptable proof.
The present invention claims a system/method directed towards a “resolution of the BP being normal facial movements and functions”, thereby “the normal facial functions are restored” (Claims 40 and 53), as well as reciting a “full recovery” or “full recoveries” for Bell’s Palsy and Ramsay Hunt Syndrome. Applicant asserts that the term “full recovery” is equivalent to a cure on page 3, line 18 of the response filed on 02/18/2025. Examiner also notes that a resolution of the BP being normal facial movements and functions and the restoration of the normal facial functions are also equivalent to a cure. Throughout the search process, Examiner has found no professional literature that supports a cure/full recovery for Bell’s Palsy and Ramsay Hunt Syndrome. However, Examiner has found professional literature that contradicts Applicant’s claim of a cure/full recovery. See University of California San Francisco (Pg. 1, 1st paragraph) and Mayo Clinic (Pg. 3, 1st paragraph) which states that there no single treatment/procedure that works for everyone.
On page 6 of the specification (as filed), Applicant states that, “Full recovery is defined as individual treated patients have or approximately symmetrical tone and voluntary movements of bilateral foreheads, earbrows, eye closures, cheeks and lips. However, only patients can feel the residual weakness, albeit sooner resolved, of the treated face.” It would appear that Applicant is admitting that even after receiving the claimed treatment, patients may only have approximate symmetrical tone/voluntary movements and may still have residual weakness. Examiner asserts that approximate symmetrical tone/voluntary movements and residual weakness are symptoms of Bell’s Palsy and Ramsay Hunt Syndrome, so the cure/full recovery/resolution of BP/restoration of normal facial functions claimed by Applicant is not achieved by the claimed treatment since patients are still experiencing symptoms after receiving the treatment. Since patients are still experiencing residual weakness after treatment, normal facial functions have not been restored and the BP has not been resolved. Therefore, one of ordinary skill in the art would consider the assertation of a cure/full recovery/resolution of BP/restoration of normal facial functions for Bell’s Palsy and Ramsay Hunt Syndrome to be “incredible in view of contemporary knowledge.” The applicant has failed to supply acceptable proof that the disclosed cure/full recovery can fully relieve patients of symptoms caused by Bell’s Palsy and Ramsay Hunt Syndrome.
Examiner suggests amending the claims to remove the phrases “resolution of BP”, “restoration of normal facial functions”, “curing”, “full recovery”, and “full recoveries” in order to help overcome the pending 101 rejection.
Claim Rejections - 35 USC § 103
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) 40, 43-45, 47, and 52 are rejected under 35 U.S.C. 103 as being unpatentable over Benja-Athon (US 5,861,015) in view of Nagale et al (US 2018/0153477) hereinafter Nagale and further in view of Puleo et al (US 2020/0411151) hereinafter Puleo.
Regarding claim 40, Benja-Athon discloses a system for treating Bell's palsy including Ramsay Hunt syndrome (BP) in BP patients, the system comprising:
electrical acupuncture stimulators (Col. 3, line 24: stimulus means 16) for generating and delivering individual series of electrical current (treatments) to a pair of percutaneous cathode and anode electrodes (Col. 3, lines 52-53: anode needle electrode 17 and cathode needle electrode 18) configured to:
conduct and deliver individual series of electrical current for modulating neuronal activities of afferent and efferent neurons of tendon organs and muscle spindles of a sternocleidomastoid originating from the mastoid, an ipsilateral masseter, soft tissues in and around an ipsilateral facial canal and its facial nerve, and related pathways in peripheral nervous and central nervous systems (Col. 3, lines 23-25: innervating nerves of afferent and efferent nervous systems),
thereby eliminating swelling of the soft tissues compressing the facial nerve in the facial canal, thus resolving the BP by restoring normal facial movements and functions (Col. 3, line 45: treating inflammation).
Benja-Athon fails to disclose networked communication devices comprising: networked repositories for storing commercial software and mathematics and statistics programs,
wherein the commercial software and mathematics and statistics programs are configured to: create individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars for trending, prognosticating, and recommending frequencies, durations, and repetitions of the treatments; and
wherein the commercial software and mathematics and statistics programs are further configured to: create digital blockchains for achieving and managing financial services related to the frequencies, durations and repetitions of the treatments, in and among viewing and touchscreens and in and shared among the networked repositories in the networked communication devices.
However, Nagale discloses networked communication devices ([0064] mobile device 301 and external system 130) comprising: networked repositories for storing commercial software and mathematics and statistics programs ([0065] mobile applications 330),
wherein the commercial software and mathematics and statistics programs are configured to: create individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars ([0067] facial image analyzer 334 may analyze the facial image taken by the camera 322) for trending, prognosticating, and recommending frequencies, durations, and repetitions of the treatments ([0063] optional therapy circuit 250 may be configured to deliver a therapy to the patient in response to the detection of stroke).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with networked communication devices comprising: networked repositories for storing commercial software and mathematics and statistics programs, wherein the commercial software and mathematics and statistics programs are configured to: create individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars for trending, prognosticating, and recommending frequencies, durations, and repetitions of the treatments as taught by Nagale. Such a modification would provide the predictable results of detecting an indication of facial drooping (Nagale, [0067]).
Puleo discloses networked communication devices (Fig. 3: prescribing computer system 320, energy control system 360, primary care server 330) comprising: networked repositories for storing commercial software and mathematics and statistics programs ([0042] device management system 300 to guarantee and record dosage and/or other prescription information),
wherein the commercial software and mathematics and statistics programs are further configured to: create digital blockchains ([0042] blockchain network 310) for achieving and managing financial services related to the frequencies, durations and repetitions of the treatments, in and among viewing and touchscreens and in and shared among the networked repositories in the networked communication devices ([0037] a blockchain and/or other distributed ledger, can be used to track and verify prescription information, payment, dosage taken/used, dosage remaining/unused, monitor chain of custody and associated authorization, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with networked communication devices comprising: networked repositories for storing commercial software and mathematics and statistics programs, wherein the commercial software and mathematics and statistics programs are further configured to: create digital blockchains for achieving and managing financial services related to the frequencies, durations and repetitions of the treatments, in and among viewing and touchscreens and in and shared among the networked repositories in the networked communication devices as taught by Puleo. Such a modification would provide the predictable results of improved prescription management and, more particularly, improved systems and methods for distributed ledger management of prescription and dosing (Puleo, [0001]).
Regarding claim 43, Benja-Athon discloses wherein the pair of percutaneous cathode and
anode electrodes comprise:
a monopolar needle cathode for percutaneously and reversibly implanting close to the tendon organs of the sternocleidomastoid originating from the mastoid (Col. 3, lines 52-54: an anode needle electrode 17 and a cathode needle electrode 18 which are reversibly and percutaneously inserted through the skin 19); and
a monopolar needle anode for percutaneously and reversibly implanting into the ipsilateral masseter (Col. 3, lines 52-54: an anode needle electrode 17 and a cathode needle electrode 18 which are reversibly and percutaneously inserted through the skin 19).
Regarding claim 44, Benja-Athon discloses wherein the pair of percutaneous cathode and
anode electrodes comprise:
a monopolar needle cathode for percutaneously and reversibly implanting adjacent to the muscle spindles of the sternocleidomastoid originating from the mastoid (Col. 3, lines 52-54: an anode needle electrode 17 and a cathode needle electrode 18 which are reversibly and percutaneously inserted through the skin 19); and
a monopolar needle anode for percutaneously and reversibly implanting into the ipsilateral masseter (Col. 3, lines 52-54: an anode needle electrode 17 and a cathode needle electrode 18 which are reversibly and percutaneously inserted through the skin 19).
Regarding claim 45, Benja-Athon discloses the monopolar needle anode and cathode having a diameter of 0.16 millimeter x a length of 30 millimeters (Col. 4, lines 1-2: lengths of about 20-125 millimeters and diameters of 0.1mm-0.71mm). Benja-Athon discloses the claimed invention but does not disclose expressly the diameter of 0.16 millimeter x a length of 30 millimeters. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system as taught by Benja-Athon with a diameter of 0.16 millimeter x a length of 30 millimeters, because Applicant has not disclosed that a diameter of 0.16 millimeter x a length of 30 millimeters provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant' s invention to perform equally well with lengths of about 20-125 millimeters and diameters of 0.1mm-0.71mm as taught by Benja-Athon, because it provides treatment of pain and inflammation (Col. 1, lines 7-8) and since it appears to be an arbitrary design consideration which fails to patentably distinguish over Benja-Athon. Therefore, it would have been an obvious matter of design choice to modify Benja-Athon to obtain the invention as specified in the claim(s).
Regarding claim 47, the modified Benja-Athon discloses the system of claim 40 as discussed above, but fails to disclose wherein the networked communication devices comprise:
at least networked smartphones comprise cameras and videocams for taking individual series of
selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies,
which attached patients' demographics and personal data, which are transmitted online to
networked servers;
at least networked laptops comprise cameras and videocams for taking individual series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies, which attached patients' demographics and personal data, which are transmitted online to networked servers; and
at least networked desktops comprise cameras and videocams for taking individual series of
selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies,
which attached patients' demographics and personal data, which are transmitted online to
networked servers; and
at least the networked servers comprises the commercial software and mathematics and statistics programs for converting and compiling individual same series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies as individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars at the BP onsets-starts of the treatments-full recoveries avatars in and shared among the networked repositories and the viewing screens and touchscreens in the networked communication devices.
However, Nagale discloses at least networked smartphones ([0064] mobile device 301) comprise cameras and videocams for taking individual series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies, which attached patients' demographics and personal data, which are transmitted online to networked servers [0064];
at least networked laptops ([0064] laptop) comprise cameras and videocams for taking individual series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies, which attached patients' demographics and personal data, which are transmitted online to networked servers ([0064] mobile device 301 may include a smart phone, a wearable device, a portable health monitor, a tablet, a laptop computer, or other types of portable computerized device); and
at least networked desktops ([0047] standard personal computer) comprise cameras and videocams for taking individual series of
selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies,
which attached patients' demographics and personal data, which are transmitted online to
networked servers [0047]; and
at least the networked servers comprises the commercial software and mathematics and statistics programs for converting and compiling individual same series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies as individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars at the BP onsets-starts of the treatments-full recoveries avatars in and shared among the networked repositories and the viewing screens and touchscreens in the networked communication devices ([0065] mobile applications 330).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with at least networked smartphones comprise cameras and videocams for taking individual series of
selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies,
which attached patients' demographics and personal data, which are transmitted online to
networked servers; at least networked laptops comprise cameras and videocams for taking individual series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies, which attached patients' demographics and personal data, which are transmitted online to networked servers; and at least networked desktops comprise cameras and videocams for taking individual series of
selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies,
which attached patients' demographics and personal data, which are transmitted online to
networked servers; and at least the networked servers comprises the commercial software and mathematics and statistics programs for converting and compiling individual same series of selfies and videocam-rendered serial BP onsets-starts of the treatments-full recoveries selfies as individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars at the BP onsets-starts of the treatments-full recoveries avatars in and shared among the networked repositories and the viewing screens and touchscreens in the networked communication devices as taught by Nagale. Such a modification would provide the predictable results of detecting an indication of facial drooping (Nagale, [0067]).
Regarding claim 52, the modified Benja-Athon discloses the system of claim 40 as discussed above, but fails to disclose wherein the digital blockchains for achieving and managing financial services, comprising the relations:
the individual series of progresses during the treatments in individual BP patients; and
the costs of treatments in the individual compositions of the individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches, in the viewing screens of networked smartphones, laptops, desktops and servers.
However, Puleo discloses achieving and managing financial services, comprising the relations:
the individual series of progresses during the treatments in individual BP patients ([0037] verify prescription information, dosage taken/used, dosage remaining/unused); and
the costs of treatments in the individual compositions of the individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches, in the viewing screens of networked smartphones, laptops, desktops and servers ([0037] blockchain and/or other distributed ledger, can be used to track and verify prescription information, payment, dosage taken/used, dosage remaining/unused, monitor chain of custody and associated authorization, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with achieving and managing financial services, comprising the relations: the individual series of progresses during the treatments in individual BP patients; and the costs of treatments in the individual compositions of the individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches, in the viewing screens of networked smartphones, laptops, desktops and servers as taught by Puleo. Such a modification would provide the predictable results of improved prescription management and, more particularly, improved systems and methods for distributed ledger management of prescription and dosing (Puleo, [0001]).
Claim(s) 41-42 and 48-51 are rejected under 35 U.S.C. 103 as being unpatentable over Benja-Athon (US 5,861,015) in view of Nagale (US 2018/0153477) and Puleo (US 2020/0411151) and further in view of Crunick et al (US 2014/0194790) hereinafter Crunick.
Regarding claims 41-42, Benja-Athon discloses wherein the electrical acupuncture stimulators for generating and delivering individual series of electrical current for modulating neuronal activities comprise:
a frequency 6 Hz, in a frequency range of 2-10 Hz (Col. 4, lin3 4: 1-500 hertz direct electrical current); and
a 12-minutes duration (Col. 4, line 8: current stimulus is for 1-15 minutes).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method as taught by Benja-Athon with a frequency 6 Hz, in a frequency range of 2-10 Hz and a 12-minutes duration since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [In re Aller, 105 USPQ 233] and/or since it has been held that a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ (Please see MPEP 2144.05).
Benja-Athon fails to disclose a low intensity 6, in intensity ranges of low 1-20, medium 20-100, high 100- 500. However, Crunick discloses delivering stimulation at a low intensity ([0221] The lower the peak amplitude of the electrical pulses, the more tolerant the patient is to the electrical stimulation transmitted by the electrode 2218). It would have been obvious before the effective filing date to one having ordinary skill in the art to modify the system as taught by Benja-Athon with delivering stimulation at a low intensity as taught by Crunick. Such a modification would provide the predictable results of maintaining patient comfort while delivering stimulation (Crunick, [0221]).
Regarding claim 48, the modified Benja-Athon discloses the system of claim 47 as discussed above, but fails to disclose same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches. However, Crunick discloses same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches ([0099] assessment of selected facial tissues identified by the 2D facial symmetry assessment module 502 or 3D facial symmetry assessment module 504). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches as taught by Crunick. Such a modification would provide the predictable results of assessing the degree of symmetry between corresponding left and right facial features (Crunick, [0098]).
Regarding claim 49, the modified Benja-Athon discloses the system of claim 48 as discussed above, but fails to disclose individual serial cameras-rendered and videocam-rendered selfies and related avatars comprise the individual series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches at the starts of the treatments-full recoveries in individual BP patients; and
the commercial software and mathematics and statistics programs for compiling said individual serial cameras-rendered and videocam-rendered selfies and related avatars as the individual compositions of the selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches.
However, Crunick discloses individual serial cameras-rendered and videocam-rendered selfies and related avatars comprise the individual series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches at the starts of the treatments-full recoveries in individual BP patients ([0099] he 2D and/or 3D facial images obtained before and/or after treatment, as well as any associated patient data and/or treatment protocol information may be stored in the database 206 (not shown) by the facial image storage module 512). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with individual serial cameras-rendered and videocam-rendered selfies and related avatars comprise the individual series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches at the starts of the treatments-full recoveries in individual BP patients as taught by Crunick. Such a modification would provide the predictable results of assessing the degree of symmetry between corresponding left and right facial features (Crunick, [0098]).
Regarding claim 50, the modified Benja-Athon discloses the system of claim 40 as discussed above, but fails to disclose wherein the individual compositions of the individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars for trending, prognosticating and recommending frequencies, durations and numbers in the treatments, in and shared among the networked repositories and the viewing screens and touchscreens in the networked communication devices, comprising:
individual BP patient’s selfies and related avatars at the BP onsets;
individual BP patient’s selfies and related avatars at the BP onsets-starts of the treatments;
the individual series of progresses during the treatments; and
individual compositions of the individual same serial cameras-created and videocam-created
serial BP patient’s selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches.
However, Crunick discloses individual BP patient’s selfies and related avatars at the BP onsets ([0099] The 2D and/or 3D facial images obtained before and/or after treatment);
individual BP patient’s selfies and related avatars at the BP onsets-starts of the treatments ([0099] The 2D and/or 3D facial images obtained before and/or after treatment);
the individual series of progresses during the treatments ([0099] The 2D and/or 3D facial images obtained before and/or after treatment); and
individual compositions of the individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches ([0099] The 2D and/or 3D facial images obtained before and/or after treatment).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with individual BP patient’s selfies and related avatars at the BP onsets; individual BP patient’s selfies and related avatars at the BP onsets-starts of the treatments; the individual series of progresses during the treatments; and individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches as taught by Crunick. Such a modification would provide the predictable results of assessing the degree of symmetry between corresponding left and right facial features (Crunick, [0098]).
Regarding claim 51, the modified Benja-Athon discloses the system of claim 40 as discussed above, but fails to disclose wherein individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars for trending, prognosticating and recommending frequencies, durations and numbers in the treatments, comprising:
individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars for trending and prognosticating individual BP patient’s selfies and related avatars at the BP onsets-starts of the treatments and the individual series of progresses during the treatments; and
individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars for recommending the frequencies, durations and numbers in the treatments according the individual series of progresses during the treatments.
However, Crunick discloses individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars for trending and prognosticating individual BP patient’s selfies and related avatars at the BP onsets-starts of the treatments and the individual series of progresses during the treatments 9[0099] The 2D and/or 3D facial images obtained before and/or after treatment); and
individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars for recommending the frequencies, durations and numbers in the treatments according the individual series of progresses during the treatments ([0090] facial treatment application 120A includes a treatment protocol selection module 208 for selecting an appropriate treatment protocol based on stored patient data, analysis of the patient's facial tissues, selection from a stored menu of treatment protocols, and/or specification of a treatment protocol by the operator of the system 100).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars for trending and prognosticating individual BP patient’s selfies and related avatars at the BP onsets-starts of the treatments and the individual series of progresses during the treatments; and individual compositions of the individual same serial cameras-created and videocam-created serial BP patient’s selfies and related avatars for recommending the frequencies, durations and numbers in the treatments according the individual series of progresses during the treatments as taught by Crunick. Such a modification would provide the predictable results of assessing the degree of symmetry between corresponding left and right facial features (Crunick, [0098]).
Claim(s) 53 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Benja-Athon (US 5,861,015) in view of Lin (US 2016/0296753) and Nagale (US 2018/0153477) and further in view of Puleo (US 2020/0411151).
Regarding claim 53, Benja-Athon discloses a method of treating Bell's palsy including Ramsay Hunt syndrome (BP) in BP patients, the method comprising:
generating and delivering individual series of electrical current (treatments) (Col. 4, lines 4-5) to a pair of percutaneous cathode and anode electrodes (Col. 3, lines 52-53: anode needle electrode 17 and cathode needle electrode 18) using electrical acupuncture stimulators (Col. 3, line 24: stimulus means 16),
wherein conducting and delivering the treatments comprises: modulating neuronal activities of afferent and efferent neurons(Col. 3, lines 23-25: innervating nerves of afferent and efferent nervous systems),
thereby eliminating swelling of the soft tissues compressing the facial nerve in the facial canal, causing BP, and resolving the BP by restoring normal facial movements and functions (Col. 3, line 45: treating inflammation).
Benja-Athon fails to explicitly disclose modulating neuronal activities of afferent and efferent neurons of tendon organs and muscle spindles of the sternocleidomastoid originating from the mastoid, an ipsilateral masseter, soft tissues in and around an ipsilateral facial canal and its facial nerve, and related pathways in a peripheral nervous and central nervous systems;
creating, via commercial software and mathematics and statistics programs, in networked repositories of networked communication devices: individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars; and
trending, prognosticating and recommending: frequencies, durations and repetitions in the treatments using the individual selfies and related avatars; and
achieving and managing financial services related to the frequencies,
durations and repetitions in the treatments, in and among viewing and touchscreens and in and
shared among networked repositories in networked communication devices using digital blockchains.
Lin discloses modulating neuronal activities of afferent and efferent neurons of tendon organs and muscle spindles of the sternocleidomastoid originating from the mastoid, an ipsilateral masseter, soft tissues in and around an ipsilateral facial canal and its facial nerve, and related pathways in a peripheral nervous and central nervous systems ([0009] wherein the plurality of electrode sites is inserted into the mastoid segment of the facial nerve and providing stimulus to the electrodes).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Benja-Athon with modulating neuronal activities of afferent and efferent neurons of tendon organs and muscle spindles of the sternocleidomastoid originating from the mastoid, an ipsilateral masseter, soft tissues in and around an ipsilateral facial canal and its facial nerve, and related pathways in a peripheral nervous and central nervous systems as taught by Lin. Such a modification would provide the predictable results of reducing facial paralysis (Lin, [0009]).
Nagale discloses creating, via commercial software and mathematics and statistics programs, in networked repositories ([0065] mobile application 330) of networked communication devices ([0064] mobile device 301 and external system 130): individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars ([0067] facial image analyzer 334 may analyze the facial image taken by the camera 322); and
trending, prognosticating and recommending: frequencies, durations and repetitions in the treatments using the individual selfies and related avatars ([0063] optional therapy circuit 250 may be configured to deliver a therapy to the patient in response to the detection of stroke).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with creating, via commercial software and mathematics and statistics programs, in networked repositories of networked communication devices: individual compositions of individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars; and trending, prognosticating and recommending: frequencies, durations and repetitions in the treatments using the individual selfies and related avatars as taught by Nagale. Such a modification would provide the predictable results of detecting an indication of facial drooping (Nagale, [0067]).
Puleo discloses achieving and managing financial services related to the frequencies,
durations and repetitions in the treatments, in and among viewing and touchscreens and in and shared among networked repositories in networked communication devices ([0042] device management system 300) using digital blockchains ([0042] blockchain network 310; [0037] a blockchain and/or other distributed ledger, can be used to track and verify prescription information, payment, dosage taken/used, dosage remaining/unused, monitor chain of custody and associated authorization, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Benja-Athon with achieving and managing financial services related to the frequencies, durations and repetitions in the treatments, in and among viewing and touchscreens and in and shared among networked repositories in networked communication devices as taught by Puleo. Such a modification would provide the predictable results of improved prescription management and, more particularly, improved systems and methods for distributed ledger management of prescription and dosing (Puleo, [0001]).
Regarding claim 56, Benja-Athon discloses the method of claim 53 as discussed above, but fails to disclose whereby the digital blockchains achieving and managing financial services related to the frequencies, durations and numbers in the treatments, comprising the process of the commercial software and mathematics and statistics programs instructing the networked repositories relating:
the individual series of progresses during the treatments in individual BP patients to:
the costs of treatments in the individual compositions of the individual same serial
cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches, in the viewing screens of networked smartphones, laptops, desktops and servers.
However, Puleo discloses digital block chains achieving and managing financial services related to the frequencies, durations and numbers in the treatments, comprising the process of the commercial software and mathematics and statistics programs instructing the networked repositories relating:
the individual series of progresses during the treatments in individual BP patients to ([0037] verify prescription information, dosage taken/used, dosage remaining/unused) to:
the costs of treatments in the individual compositions of the individual same serial
cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches, in the viewing screens of networked smartphones, laptops, desktops and servers ([0037] blockchain and/or other distributed ledger, can be used to track and verify prescription information, payment, dosage taken/used, dosage remaining/unused, monitor chain of custody and associated authorization, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Benja-Athon with digital blockchains achieving and managing financial services related to the frequencies, durations and numbers in the treatments, comprising the process of the commercial software and mathematics and statistics programs instructing the networked repositories relating: the individual series of progresses during the treatments in individual BP patients to: the costs of treatments in the individual compositions of the individual same serial cameras-created and videocam-created serial BP patients selfies and related avatars comprises the individual same series of first cessation of tearings, expressions of facial tones and muscular contractions of frontalis, orbicularis oculi, naris, cheeks, lips and chins, tastes and speeches, in the viewing screens of networked smartphones, laptops, desktops and servers as taught by Puleo. Such a modification would provide the predictable results of improved prescription management and, more particularly, improved systems and methods for distributed ledger management of prescription and dosing (Puleo, [0001]).
Examiner’s Note Regarding Prior Art
While claims 46 and 54-55 are rejected under 35 USC 112 and 35 USC 101, Examiner has not found any references that teach or suggest in combination, the limitations recited in claims 46 and 54. Regarding claim 46, Examiner has not found any prior art teaching “starting with complete resolution of tearings in the BP eye within 24 hours after a first electrical current administration”. Regarding claim 54, Examiner has not found any prior art that teaches, “…implanting the monopolar needle cathode close to
the tendon organs of the sternocleidomastoid originating from the mastoid; or percutaneously and reversibly implanting the monopolar needle cathode adjacent to the muscle spindles of the sternocleidomastoid originating from the mastoid; percutaneously and reversibly implanting the monopolar needle anode into the ipsilateral masseter”. Claim 55 depends on claim 54.
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).
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792