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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 10 and 12 are rejected under 35 U.S.C. sec. 102(a)(2) as being anticipated by U.S. Patent No.: 5,140,977 A to Raffel.
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RAFFEL discloses “...1. (Original) A system for introducing vibrational waves into a body of a subject, the system comprising: (see abstract where a vibrator is disclosed for mounting on furniture in which a pair of vibrator motors is each mounted to an independent, long, relatively rigid resonator member capable of transmitting vibrations, the two long resonators for the respective motors being parallel to one another and mounted by non-rigid means such as a sheet of cardboard or springs to the remainder of the structure of the furniture. One form of complete unit comprises a non-rigid sheet containing two rigid rods each associated with an off-center vibrating motor, which underlies the surface of the furniture contacted by the user. A vibrator controller supplies the two vibrator motors with 60 Hertz pulsed DC current which is amplitude modulated at approximately 16 cycles per minute, with the modulation supplied to one motor 180° out of phase with the other motor so that the user experiences the sensation of a moving wave. The user simultaneously receives a 16 cycle per minute alternating tactile stimulation, and a 60 Hertz audio wave which is amplitude modulated at 16 cycles per minute.)
a bed frame comprising a first vibration contact and a second vibration contact, (see Fig. 1 where the device is affixed to a bedframe and it has two vibration motos each with a different vibration at 30 to 100 Hertz as motors 30; The result is that the two vibrator motors 30 work in opposition to one another to produce a distinctive tactile sensation at a very low rate in addition to producing an audible sound or hum at the 60 Hertz frequency of the line current. If desired, means can be incorporated in controller 40 to change that frequency as well, within a range of about 30 Hertz to 100 Hertz. The preferred form of the amplitude modulated wave is a sine wave although other wave forms may be used. It would be practical to provide more than two sets of the equipment shown in FIG. 2 and to change the phase relationship of the waves supplied to each vibrator 30 accordingly so that, for instance, if there are three sets of the FIG. 2 equipment, the signal would be 120° out of phase from one unit to the next.)
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the first vibration contact being in mechanical communication with a first location of the body of the subject, (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8
the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
a first vibration source connected to the first vibration contact and (see Fig 1, element 30)
configured to cause a first vibration of the first vibration contact; (see Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.)
a second vibration source connected to the second vibration contact and configured to cause a second vibration of the second vibration contact; and (see Fig. 1 elements 30 and 130 that can be mounted to the bed via a platform and vibrate the springs and see FIG. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.)
wherein the location or orientation of the first vibration contact and the second vibration contact are configured such that the first vibration combines with the second vibration to generate a super-imposed vibration. (see col. 1, line 1, to col. 2, line 45 and the abstract and the summary of the invention where the first vibration can provide a different frequency of 30-110 hertz and 60 hertz to provide a yoga chanting effect; The invention of this application consists of both a physical system for mounting vibrators and applying the vibrations to an area of a piece of furniture and of an excitation system which is particularly effective in conjunction with the physical system. The precise electronic means used to excite the vibrators is not a part of this invention as the desired excitation can be achieved by many known electric or electronic means. One mode of excitation uses a current that will produce an audible hum in the 30 Hertz to 100 Hertz range. The 60 Hertz frequency of ordinary house current is suitable and convenient but not essential. A.C. house current must pass through a half wave rectifier in order to avoid flux reversal in the vibratory motors which are a part of the physical system and to obtain 60 pulses rather than 120. Other frequencies within the range may be used. In addition to the audible hum, the current furnished to the vibrator motors may have a very slow inaudible component preferably in a range of 10 to 20 cycles per minute, or within a range of 1 to 120 cycles per minute. This very low frequency takes the form of amplitude modulation superimposed on the faster 30-100 Hertz frequency, and it is important that it be supplied to one vibrator motor 180° out of phase with the other vibrator motor. The exact phase relationship may vary somewhat, but the most effective phase angle difference is 180° and the slow modulating frequency is preferably a sine wave form. However, the wave form may be altered to produce the effect of asymmetrical motion.)
Raffel discloses “...2. (Original) The system of claim 1, wherein the first vibration contact is a first panel positioned beneath a box spring or a mattress, and the second vibration contact is a second panel positioned beneath the box spring or the mattress”. (see Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.) (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8 and the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
Raffel discloses “...3. (Original) The system of claim 2, wherein the first and second vibration sources are affixed to an undersurface of the first panel and the second panel to independently vibrate each of the first and second panels in a frequency range of 5 to 200 Hz, and transmit vibrational waves to a subject that are combined by superposition in the subject”. (see Col. 1, lines 1-54 where modulation is superimposed on a frequency of 30 Hertz to 110 Hertz and preferably the 60 Hertz of rectified alternating current. A non-rotating vibrating motor is used rather than a rotating motor. Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.) (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8 and the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
Raffel discloses “...4. (Original) The system of claim 2, wherein each panel can be vibrated independently in a range of 5 to 200 Hz with waveforms selected from arbitrary, sinusoidal, triangular, and rectangular waveforms with various duty cycles, or with a customized waveform shape and with sufficient power to induce subjective perception of vibration. (see Col. 1, lines 1-54 where modulation is superimposed on a frequency of 30 Hertz to 110 Hertz and preferably the 60 Hertz of rectified alternating current. A non-rotating vibrating motor is used rather than a rotating motor. Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.) (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8 and the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
Raffel discloses “...5. (Original) The system of claim 2, wherein each panel can be vibrated at a same frequency with 0° to 180° of relative phase”. (see abstract where the vibrations are out of phrase and see Col. 1, lines 1-54 where modulation is superimposed on a frequency of 30 Hertz to 110 Hertz and preferably the 60 Hertz of rectified alternating current. A non-rotating vibrating motor is used rather than a rotating motor. Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.) (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8 and the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
Raffel discloses “...6. (Original) The system of claim 2, wherein each panel can be vibrated at frequencies offset from each other such as to induce an interferential beat frequency as a difference between two or more driving frequencies. (see abstract where the vibrations are out of phrase and see Col. 1, lines 1-54 where modulation is superimposed on a frequency of 30 Hertz to 110 Hertz and preferably the 60 Hertz of rectified alternating current. A non-rotating vibrating motor is used rather than a rotating motor. Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.) (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8 and the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
Raffel discloses “...7.(Original) The system of claim 2, wherein each panel can be vibrated independently with various waveforms in a range of 5 to 200 Hz to induce beat frequencies in the range of 0.05 Hz to 200 Hz which can be perceived as traveling waves”. (see Fig. 1 where the device is affixed to a bedframe and it has two vibration motors each with a different vibration at 30 to 100 Hertz as motors 30; The result is that the two vibrator motors 30 work in opposition to one another to produce a distinctive tactile sensation at a very low rate in addition to producing an audible sound or hum at the 60 Hertz frequency of the line current. If desired, means can be incorporated in controller 40 to change that frequency as well, within a range of about 30 Hertz to 100 Hertz. The preferred form of the amplitude modulated wave is a sine wave although other wave forms may be used. It would be practical to provide more than two sets of the equipment shown in FIG. 2 and to change the phase relationship of the waves supplied to each vibrator 30 accordingly so that, for instance, if there are three sets of the FIG. 2 equipment, the signal would be 120° out of phase from one unit to the next.)
Raffel discloses “..8. (Original) The system of claim 2, wherein each panel can be vibrated independently to induce localized vibrational maxima into a head, cervical spine, or other desired location in the subject by use of phased inputs or superimposed vibrational waves. (see FIG. 1to 9 where the motors are placed at the back and also at the feet as 30, 130 and see col. 1, line 1, to col. 2, line 45 and the abstract and the summary of the invention where the first vibration can provide a different frequency of 30-110 hertz and 60 hertz to provide a yoga chanting effect; The invention of this application consists of both a physical system for mounting vibrators and applying the vibrations to an area of a piece of furniture and of an excitation system which is particularly effective in conjunction with the physical system. The precise electronic means used to excite the vibrators is not a part of this invention as the desired excitation can be achieved by many known electric or electronic means. One mode of excitation uses a current that will produce an audible hum in the 30 Hertz to 100 Hertz range. The 60 Hertz frequency of ordinary house current is suitable and convenient but not essential. A.C. house current must pass through a half wave rectifier in order to avoid flux reversal in the vibratory motors which are a part of the physical system and to obtain 60 pulses rather than 120. Other frequencies within the range may be used. In addition to the audible hum, the current furnished to the vibrator motors may have a very slow inaudible component preferably in a range of 10 to 20 cycles per minute, or within a range of 1 to 120 cycles per minute. This very low frequency takes the form of amplitude modulation superimposed on the faster 30-100 Hertz frequency, and it is important that it be supplied to one vibrator motor 180° out of phase with the other vibrator motor. The exact phase relationship may vary somewhat, but the most effective phase angle difference is 180° and the slow modulating frequency is preferably a sine wave form. However, the wave form may be altered to produce the effect of asymmetrical motion.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9 and 11 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of U.S. Patent No.: 5,140,977 A to Raffel and in view of U.S. Patent No.: 9913982 B2 (US20120192874A1) to Bolea et al. filed in 2011.
Bolea teaches “...9. (Original) The system of claim 2, wherein each panel can be vibrated independently with sinusoidal waveform sources to induce vibration into the body optimally in a range of 0.01 Hz to 10 Hz”. (see paragraph 82-83 and 183 where a small pulse is required for neurostimulation)
It would have been obvious for one of ordinary skill in the art to combine the teachings of BOLEA with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since BOLEA teaches that a neurostimulator with a small vibration can provide a treatment to cure sleep apnea. See paragraph 179-184.
Raffel discloses “...10. (Original) The system of claim 2, wherein each panel can be vibrated independently with a vibrational wave to induce a harmonic of the vibrational wave into the body in a range of 0.01 Hz to 200 Hz.” . (see col. 1, line 1, to col. 2, line 45 and the abstract and the summary of the invention where the first vibration can provide a different frequency of 30-110 hertz and 60 hertz to provide a yoga chanting effect; The invention of this application consists of both a physical system for mounting vibrators and applying the vibrations to an area of a piece of furniture and of an excitation system which is particularly effective in conjunction with the physical system. The precise electronic means used to excite the vibrators is not a part of this invention as the desired excitation can be achieved by many known electric or electronic means. One mode of excitation uses a current that will produce an audible hum in the 30 Hertz to 100 Hertz range. The 60 Hertz frequency of ordinary house current is suitable and convenient but not essential. A.C. house current must pass through a half wave rectifier in order to avoid flux reversal in the vibratory motors which are a part of the physical system and to obtain 60 pulses rather than 120. Other frequencies within the range may be used. In addition to the audible hum, the current furnished to the vibrator motors may have a very slow inaudible component preferably in a range of 10 to 20 cycles per minute, or within a range of 1 to 120 cycles per minute. This very low frequency takes the form of amplitude modulation superimposed on the faster 30-100 Hertz frequency, and it is important that it be supplied to one vibrator motor 180° out of phase with the other vibrator motor. The exact phase relationship may vary somewhat, but the most effective phase angle difference is 180° and the slow modulating frequency is preferably a sine wave form. However, the wave form may be altered to produce the effect of asymmetrical motion.)
Bolea teaches 11. (Original) The system of claim 2, wherein each panel can have affixed to it or its attached LFE transducer a sensor from which an oscillatory signal can be derived to monitor drive frequency and pattern of waveform and to allow depiction of signal phase and interferential beat frequencies. (see paragraph 6, 138-139 where a sensor can be provided for respiration feedback and timing of the vibration stimulation) “
It would have been obvious for one of ordinary skill in the art to combine the teachings of BOLEA with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since BOLEA teaches that a neurostimulator with a small vibration can provide a treatment to cure sleep apnea. See paragraph 179-184.
Raffel discloses “...12. (Original) The system of claim 1, wherein the vibration sources comprise at least one of electromagnetic drivers, transducers, displacement shakers, linear resonance actuators, piezoelectric actuators, solenoids, pneumatic or hydraulic actuators, and electric motors with unbalanced weights, cams, or crankshafts” (See electric motor 30 and a second electric motor 130)
Claims 13-14 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of U.S. Patent No.: 5,140,977 A to Raffel and in view of Russian Patent Pub. No.: RU2004119580A
The 080 publication teaches “..13. (Original) The system of claim 1, further comprising a sensor in mechanical contact with the subject to measure the super-imposed vibration”. (see claim 1-5 where a vibration sensor can provide a control signal to provide a manual adjustment or an oscillation mode to maintain the vibrations )
It would have been obvious for one of ordinary skill in the art to combine the teachings of the 080 Russian Publication with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since the 080 teaches that a sensor can provide feedback to maintain the resonant mechanical vibrations. See claims 1-4.
The 080 publication teaches “..14. (Original) The system of claim 13, wherein the sensor is configured to provide a feedback signal to at least one of the first vibration source and the second vibration source in response to the super-imposed vibration. (see claim 1-5 where a vibration sensor can provide a control signal to provide a manual adjustment or an oscillation mode to maintain the vibrations )
It would have been obvious for one of ordinary skill in the art to combine the teachings of the 080 Russian Publication with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since the 080 teaches that a sensor can provide feedback to maintain the resonant mechanical vibrations. See claims 1-4.
Claim 15 is rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of RAFFEL and in view of U.S. Patent No.: 11,819,341 B2 to Gonzales.
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Gonzales teaches “...15. (Original) The system of claim 13, wherein the sensor comprises mouth guard sensor to derive a measure of pattern and amplitude of induced frequencies into the body which may be customized to the subject’s maxillary tooth print pattern” (see claims 1-11 and abstract where the mouth guard can show a vibration that is causing injury).
It would have been obvious for one of ordinary skill in the art to combine the teachings of GONZALES with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since GONZALES teaches that a sensor can provide feedback if the mouthguard sensor indicates damage to the teeth, then an action can be taken to prevent damage.
16. (Cancelled)
Claims 17-18 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of RAFFEL and in view of United States Patent Pub. No.: US20060047230A1 to TALISH filed in 2005.
Talish teaches “..17. (Original) The system of claim 1, further comprising a third vibration contact connected to a third vibration source and a fourth vibration contact connected to a fourth vibration source, wherein the location or orientation of the third vibration contact and the fourth vibration contact are configured such that vibrations combine to produce a super-imposed vibration”. (see paragraph 48 where the device has a multi array motorized spring assembly to provide a vibration to multiple organs)
It would have been obvious for one of ordinary skill in the art to combine the teachings of TALISH with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since TALISH teaches that an array of vibration devices can provide multiple springs to shake for therapeutic vibration energy.
Talish teaches “.18. (Original) The system of claim 1, wherein a controller is configured to execute a sequence of waveform parameters to produce a sequence of different perceived waveforms inside the subject over a period of time. (see claims 8-9)
It would have been obvious for one of ordinary skill in the art to combine the teachings of TALISH with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since TALISH teaches that an array of vibration devices can provide multiple springs to shake for therapeutic vibration energy.
Claims 19 and 20-21 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of U.S. Patent No.: 5,140,977 A to Raffel and in view of U.S. Patent No.: 9913982 B2 (US20120192874A1) to Bolea et al. filed in 2011.
Raffel discloses “..19. (Original) A method of treating a sleep disorder, depression, anxiety, or multiple forms of pain in a patient, comprising: providing a bed frame (see FIG. 1 and bedframe with two motors 30 and 130)
comprising a first panel and a second panel in contact with a box spring or mattress, ”. (see Fig. 9 where the vibration motor is connected to the bed via members 137 and 137 and element 28 to provide a vibration to the mattress area 132)( As shown in FIG. 8, the motor 30 is non-rotating and includes a coil 140 and a movable pole piece 141 oriented generally perpendicular to a plane containing the springs 53 to produce vibrations linearly in a direction generally perpendicular to the user contacting surface.) (see Fig. 1 where the first motor can be on the top side of the bed around where the back of the user will rest and head and the second motor 130 shown in FIG. 7-8 and the second vibration contact being in mechanical communication with a second location of the body of the subject and closer to the feet and legs)
and at least two vibration sources; vibrating the first panel of a bed frame in a first waveform of 5 to 200 Hz; and vibrating the second panel of the bed frame in a second waveform of 5 to 200 Hz; wherein the first and second waveforms combine to generate a super-imposed vibration (see col. 1, line 1, to col. 2, line 45 and the abstract and the summary of the invention where the first vibration can provide a different frequency of 30-110 hertz and 60 hertz to provide a yoga chanting effect; The invention of this application consists of both a physical system for mounting vibrators and applying the vibrations to an area of a piece of furniture and of an excitation system which is particularly effective in conjunction with the physical system. The precise electronic means used to excite the vibrators is not a part of this invention as the desired excitation can be achieved by many known electric or electronic means. One mode of excitation uses a current that will produce an audible hum in the 30 Hertz to 100 Hertz range. The 60 Hertz frequency of ordinary house current is suitable and convenient but not essential. A.C. house current must pass through a half wave rectifier in order to avoid flux reversal in the vibratory motors which are a part of the physical system and to obtain 60 pulses rather than 120. Other frequencies within the range may be used. In addition to the audible hum, the current furnished to the vibrator motors may have a very slow inaudible component preferably in a range of 10 to 20 cycles per minute, or within a range of 1 to 120 cycles per minute. This very low frequency takes the form of amplitude modulation superimposed on the faster 30-100 Hertz frequency, and it is important that it be supplied to one vibrator motor 180° out of phase with the other vibrator motor. The exact phase relationship may vary somewhat, but the most effective phase angle difference is 180° and the slow modulating frequency is preferably a sine wave form. However, the wave form may be altered to produce the effect of asymmetrical motion.)
Bolea teaches “... “ in a range of 0.25 Hz to 10 Hz while the patient is positioned on the bed”. (see paragraph 82-83 and 183 where a small pulse is required for neurostimulation)
It would have been obvious for one of ordinary skill in the art to combine the teachings of BOLEA with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since BOLEA teaches that a neurostimulator with a small vibration can provide a treatment to cure sleep apnea. See paragraph 179-184.
BOLEA teaches “...20. (Original) The method of claim 19, wherein the sleep disorder is insomnia, sleep apnea, or restless leg syndrome”. (see abstract)
It would have been obvious for one of ordinary skill in the art to combine the teachings of BOLEA with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since BOLEA teaches that a neurostimulator with a small vibration can provide a treatment to cure sleep apnea. See paragraph 179-184.
BOLEA teaches “..21. (Original) The method of claim 19, wherein the patient has depression, anxiety, or multiple forms of pain. (see paragraph 200)
It would have been obvious for one of ordinary skill in the art to combine the teachings of BOLEA with the disclosure of RAFFEL with a reasonable expectation of success before the effective filing date since BOLEA teaches that a neurostimulator with a small vibration can provide a treatment to cure sleep apnea. See paragraph 179-184.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN PAUL CASS whose telephone number is (571)270-1934. The examiner can normally be reached Monday to Friday 7 am to 7 pm; Saturday 10 am to 12 noon.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott A. Browne can be reached at 571-270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEAN PAUL CASS/Primary Examiner, Art Unit 3666