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 § 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.
Claims 6 and 7 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.
Regarding claim 6, it recites the limitation “said micrite”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 7, the term “approximately” is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, “a spherical radius” and “a height” of the protruding point is rendered indefinite.
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.
Claims 1-4, and 6-8 are rejected under 35 U.S.C. 103 as being obvious over Muroki (US 5772688 A) in view of Oser.
Regarding claim 1, Muroki teaches a device for providing treatment (“a skin-contact type medical treatment apparatus”, Col. 3, line 27) comprising:
A housing comprising a flat bottom and a curved top (shown in annotated Fig. 3 below), wherein the curved top comprises a protruding point in the center (shown in annotated Fig. 3 below); wherein the following are contained in said housing:
An elongated pin (electrode member 1Ar, shown in annotated Fig. 3 below)
One or more energy rings (“electrode member 2 is of a ring shape”, Col. 6, line 45, shown in annotated Fig. 3 below)
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Muroki does not teach an energy source for generating energy waves, as well as the treatment device preventing, alleviating or treating COVID-19.
However, Oser teaches a device comprising:
An energy source for generating energy waves (“transducer produce vibrations via a coil/magnet in a manner similar to a conventional speaker”, paragraph [0022], [0096]; transducer 10, coil assembly 18, Fig. 1 and Fig. 3), said energy source comprising a front (upper coil 36) and a back (lower coil 38)
Wherein said energy source is placed in the center of said flat bottom (“aperture 28 provides a housing for the magnet assembly 14 and coil assembly 18”, paragraph [0082]; centered aperture 28, main plate 22, Fig. 1), wherein one energy ring encircles said energy pin (energy ring 56 encircling energy pin 54 in Fig. 8), which is placed between said energy source and said protruding point (Fig. 1 and Fig. 5), with the longitudinal axes of the one energy ring and the energy pin aligned (all shown in annotated Fig. 1 below)
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Wherein one or more therapeutically effective doses of an exogenous energy generated by said device (“low frequency transducer…midrange frequency transducer”, paragraph [0138]) are noninvasively delivered to one or more body parts of a subject in need thereof (“low frequency transducer is coupled to the seat back, it will cause the leg rest to resonate”, paragraph [0138]), thus preventing, alleviating or treating COVID-19 (SARS-CoV-2) coronavirus infection (“improved respiration”, paragraph [0026])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the housing of the treatment device of Muroki with the energy source and energy rings of Oser by attaching it to the flat bottom of Muroki, in order to produce energy/sound waves and/or vibrations on the surface of the skin to stimulate the corresponding acupuncture points (“subtle inner massage of musical vibration delivered in such a manner, giving the muscles and related ligaments the direct experience of release”, paragraph [0024]), treating a patient in order to prevent and treat COVID-19.
Regarding claim 2, Muroki in view of Oser teaches all the limitations of claim 1.
Furthermore, the front of said energy source emitting said energy waves and faces the center of said bottom, or faces said protruding point (“aperture 28 that provides a housing for the magnet assembly 14 and the coil assembly 18”, paragraph [0082]; centered aperture 28, coil assembly 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the treatment device of Muroki in view of Oser and configure the energy source to be within the center of the device and facing the protruding point, where it is directly in contact with the acupuncture points.
Regarding claim 3, Muroki in view of Oser teaches the exogenous energy being delivered to fascia or fasciae in the one or more body parts (“skin-contact type medical treatment”, Col. 3, line 27). The device can be placed on any area on the body.
Regarding claim 4, Muroki in view of Oser teaches the device being characterized by:
Said curved top comprises one or more holes around said energy pin (“electrons flow from the electrode member 2 to the electrode member 1, and holes formed in the zinc oxide film on the surface of the electrode member 2 are injected very fast into the skin”, Col. 7, lines 8-11)
Said one or more energy rings comprise 80% to 99% of zinc (“electrode member 2 made of zinc”, Col. 6, line 38)
Said energy pin primarily comprises metal (“electrode member 1 made of brass…gold (18K) is plated…on the surface with the projection 1Ar of the electrode member”, Col. 9, lines 44-49)
Regarding claim 6, Muroki in view of Oser teaches said zinc having a crystal size of no more than 30 micrometers (“zinc oxide film about 0.5 mu”, Col. 6, line 48).
Regarding claim 7, Muroki in view of Oser fails to teach all the size variables for the housing, protruding point, energy rings, and energy pin, but appears to show a system that is similarly sized as the instant application (shown in Fig. 3).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reasonably modify the size variables of the housing of Muroki in view of Oser with the claimed ranges of:
the length of said housing being 120 to 180 millimeters,
the width of said housing is 50 to 100 millimeters,
the height of said housing is 20 to 90 millimeters;
said protruding point is a spherical cap in shape with a base diameter of 6 to 30 millimeters, a spherical radius of approximately 3.2 to 16 millimeters, and a height of approximately 2.1 to 10.4 millimeters;
said one or more energy rings have a height of 4.8 to 7.2 millimeters, a difference between the inner and outer diameters of 4.8 to 7.2 millimeters, and an outer diameter of 16 to 28 millimeters; and
the diameter of said energy pin is 4 to 6 millimeters.
To achieve the most optimal sizing/proportion for the device to target the acupuncture points effectively as a matter of routine optimization since it has been held that changing the size or range of an article is not ordinarily a matter of invention. Appropriate selection of size, weight, ratios, etc. is considered routine, and is typically a matter of design choice. See MPEP 2144.04.IV.A.
Furthermore, it is notable that the claimed ranges do not have disclosed criticality within the applicant’s disclosure.
Regarding claim 8, Muroki in view of Oser teaches one or more therapeutically effective doses are for a treatment period of 3 days (“treatments were conducted…each person were attached for three days”, Col. 10, lines 18-23).
Muroki does not disclose the amount of dosage, however it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reasonably modify the dosage of the treatment of Muroki in view of Oser with the claimed range of 5 to 200 watt hours per day to achieve the most optimal dosage for the patient as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation,” in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter is the output power of treatment which achieves the recognized result of adjusting the amount of treatment necessary depending on the severity of the particular ailment/issue, therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation.
Furthermore, it is notable that the claimed ranges do not have disclosed criticality within the applicant’s disclosure.
Claims 5, and 9-12 are rejected under 35 U.S.C. 103 as being obvious over Muroki in view of Oser and further in view of Marcantonio et al. (US 20200101307 A1).
Regarding claim 5, Muroki teaches:
Said curved top gradually inclining upwards from the edge of the flat bottom towards the center to form said protruding point, so that said protruding point can be in touch with a part of the human body where acupoints are located, allowing transmission of energy waves into the body (all shown in annotated Fig. 3 below)
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Wherein said device is used for alleviating or treating another condition in said subject (“generates stimulations of electricity conduction so that stiffness or pains can be effectively alleviated”, Col. 3, lines 54-55)
Muroki does not teach the energy source
Oser teaches:
Said energy source is a speaker (“transducer produce vibrations via a coil/magnet in a manner similar to a conventional speaker”, paragraph [0022])
Said energy waves are sound waves emitting from the front of said speaker facing either the bottom of said housing or said protruding point (“permeates the physical body with vibration”, paragraph [0024])
Said one or more energy rings reflect sound waves, causing said sound waves to transmit primarily along the longitudinal axis of said energy ring (“upper and lower retaining rings 24, 26 to the main plate 22…channel 30 for passing the electrical connection between the coils”, paragraph [0089])
The combined treatment device of Muroki in view of Oser would teach the energy pin of Muroki having two ends, with one end flat and attached to said speaker of Oser, and the other end spherical in shape and in touch with said protruding point of Muroki, as it is similarly assembled within the structure of the device of Oser.
Muroki in view of Oser does not teach a storage medium.
However, Marcantonio et al. teaches a device for applying stimulation to acupuncture points (“generating and applying stimulated acupuncture needles to one or more acupuncture points on a body”, paragraph [0008]) further comprising:
A storage medium in said housing for storing audio files (“control unit 12 might be a computer having the necessary hardware for processing capability, storage capability”, paragraph [0073])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine the modified treatment device of Muroki in view of Oser and incorporate a storage medium of Marcantonio et al. so that the device can store a variety of audio files to stimulate treatment points, as audio can acoustically vibrate the needle to treat acupuncture points effectively (paragraph [0109], Marcantonio et al.)
Regarding claim 9, Muroki teaches a system comprising:
A device comprising a housing which comprises a flat bottom and a curved top, wherein the curved top comprises a protruding point in the center; wherein the following are contained in said housing (shown in annotated Fig. 3):
An elongated energy pin (electrode member 1Ar, shown in annotated Fig. 3)
One or more energy rings (“electrode member 2 is of a ring shape”, Col. 6, line 45, shown in annotated Fig. 3)
Muroki does not teach an energy source generating energy waves, as well as the treatment device preventing, alleviating or treating COVID-19.
Oser teaches a system comprising:
An energy source for generating energy waves (“transducer produce vibrations via a coil/magnet in a manner similar to a conventional speaker”, paragraph [0022], [0096]; transducer 10, coil assembly 18, Fig. 1 and Fig. 3), said energy source comprising a front (upper coil 36) and a back (lower coil 38)
Wherein said energy source is placed in the center of said flat bottom (“aperture 28 provides a housing for the magnet assembly 14 and coil assembly 18”, paragraph [0082]; centered aperture 28, main plate 22, Fig. 1), wherein one energy ring encircles said energy pin (energy ring 56 encircling energy pin 54 in Fig. 8), which is placed between said energy source and said protruding point (Fig. 1 and Fig. 5), with the longitudinal axes of the one energy ring and the energy pin aligned (all shown in annotated Fig. 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the housing of the treatment device of Muroki with the energy source and energy rings of Oser by attaching it to the flat bottom of Muroki, in order to produce energy/sound waves and/or vibrations on the surface of the skin to stimulate the corresponding acupuncture points (“subtle inner massage of musical vibration delivered in such a manner, giving the muscles and related ligaments the direct experience of release”, paragraph [0024]), treating a patient.
Muroki in view of Oser does not teach a computer processor, data stores, and a computer readable storage medium.
However, Marcantonio et al. teaches a system comprising:
A computer processor (“control unit 12 might be a computer”, paragraph [0073);
One or more data stores storing:
Audio files (“various audio files have shown ability to stimulate treatment points”, paragraph [0109]), each file characterized by features comprising frequency, amplitude, wavelength, waveform, velocity of wave, and intensity (“preselected range of frequencies and intensities may be included”, paragraph [0012])
A relational dataset that correlates one or more of said features to a plurality of conditions (“treatment routines which can be available as programs for meridians and specific issues, and to what degree various meridians influence related organs”, paragraph [0012])
A computer readable storage medium storing program instructions (“computer having the necessary hardware for processing capability, storage capability, and any necessary software to drive or control the functioning of various components”, paragraph [0073]) configured for execution by the computer processor to cause the system to:
Upon an input of a condition, identify a corresponding audio file among said audio files; retrieve said corresponding audio file from said one or more data stores to said energy source of said device (“ability to have variable and individually selectable…audio settings for as many coil sets as desired for the most beneficial specific treatments can be beneficial to the patient”, paragraph [0097])
Noninvasively deliver one or more therapeutically effective doses of an exogenous energy generated by said device to one or more body parts of a subject in need thereof (“generating and applying stimulated acupuncture needles to one or more acupuncture points on a body of an individual suffering from one or more ailments using magnetic fields”, paragraph [0008]), thereby preventing, alleviating or treating COVID- 19 (SARS-CoV-2) coronavirus infection (“acupuncture device 10…provided several benefits…treatments designed for parasympathetic response…fuller/slower respiration”, paragraph [0098])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the modified treatment device of Muroki in view of Oser with the computer processor, data stores, and a computer readable storage medium of Marcantonio et al. in order to connect the device to a computer processor and create a program for the device to follow and generate and apply stimulation to the contact point where the device meets the acupuncture points on the body of a patient.
Regarding claim 10, Muroki in view of Oser and further in view of Marcantonio et al. teaches all the limitations of claim 9.
Furthermore, Oser teaches the front of said energy source emitting said energy waves and faces the center of said bottom, or faces said protruding point (“aperture 28 that provides a housing for the magnet assembly 14 and the coil assembly 18”, paragraph [0082]; centered aperture 28, coil assembly 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the treatment device of Muroki in view of Oser and further in view of Marcantonio et al. and configure the energy source to be within the center of the device and facing the protruding point, where it is directly in contact with the acupuncture points.
Regarding claim 11, Muroki in view of Oser and further in view of Marcantonio et al. teaches the device being characterized by:
Said curved top comprises one or more holes around said energy pin (“electrons flow from the electrode member 2 to the electrode member 1, and holes formed in the zinc oxide film on the surface of the electrode member 2 are injected very fast into the skin”, Col. 7, lines 8-11)
Said one or more energy rings comprise 80% to 99% of zinc (“electrode member 2 made of zinc”, Col. 6, line 38)
Said energy pin primarily comprises metal (“electrode member 1 made of brass…gold (18K) is plated…on the surface with the projection 1Ar of the electrode member”, Col. 9, lines 44-49)
Regarding claim 12, Muroki teaches:
Said curved top gradually inclining upwards from the edge of the flat bottom towards the center to form said protruding point, so that said protruding point can be in touch with a part of the human body where acupoints are located, allowing transmission of energy waves into the body (all shown in annotated Fig. 3 above)
Muroki does not teach the energy source and the treatment device being used to prevent, alleviate, or treat COVID-19.
Oser teaches:
Said energy source is a speaker (“transducer produce vibrations via a coil/magnet in a manner similar to a conventional speaker”, paragraph [0022])
Said energy waves are sound waves emitting from the front of said speaker facing either the bottom of said housing or said protruding point (“permeates the physical body with vibration”, paragraph [0024])
Said one or more energy rings reflect sound waves, causing said sound waves to transmit primarily along the longitudinal axis of said energy ring (“upper and lower retaining rings 24, 26 to the main plate 22…channel 30 for passing the electrical connection between the coils”, paragraph [0089])
Wherein said device is used for alleviating or treating COVID-19 (SARS-CoV-2) coronavirus infection (“improved respiration”, paragraph [0026])
The combined treatment device of Muroki in view of Oser would teach the energy pin of Muroki having two ends, with one end flat and attached to said speaker of Oser, and the other end spherical in shape and in touch with said protruding point of Muroki, as it is similarly assembled within the structure of the device of Oser.
Muroki in view of Oser does not teach a storage medium.
However, Marcantonio et al. teaches a device for applying stimulation to acupuncture points (“generating and applying stimulated acupuncture needles to one or more acupuncture points on a body”, paragraph [0008]) further comprising:
A storage medium in said housing for storing audio files (“control unit 12 might be a computer having the necessary hardware for processing capability, storage capability”, paragraph [0073])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine the modified treatment device of Muroki in view of Oser and incorporate a storage medium so that the device can store a variety of audio files to stimulate treatment points, as audio can acoustically vibrate the needle to treat acupuncture points effectively (paragraph [0109], Marcantonio et al.).
Regarding claim 13, Muroki in view of Oser and further in view of Marcantonio et al. teaches said zinc having a crystal size of no more than 30 micrometers (“zinc oxide film about 0.5 mu”, Col. 6, line 48).
Claims 14-16 are rejected under 35 U.S.C. 103 as being obvious over Oser.
Regarding claim 14, Oser teaches a method for preventing, alleviating or treating COVID-19 (SARS-CoV-2) coronavirus infection in a subject in need thereof (“to achieve…less general muscle tension, lower blood pressure, improved respiration”, paragraph [0026]), said method comprising the steps of:
Placing a device for acumoxa therapy in close proximity to one or more body parts of said subject (“the chair is specifically tailored to transmit the vibrational information applied”, paragraph [0139]; sound chair 300, Fig. 41)
Wherein said device comprises a housing (Fig. 10) comprising a flat bottom (main plate 22, Fig. 2, shown in annotated Fig. 10 below) and a curved top (“ring-shaped protrusion 90”, paragraph [0095]; Fig. 1 and 9-10, shown in annotated Fig. 10 below), wherein the curved top comprises a protruding point in the center (“nipples 84…hold the magnet 56…centered within the aperture”, paragraph [0094]; nipple 84, Fig. 12, shown in annotated Fig. 10 below)
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Wherein the following are contained in said housing:
An elongated energy pin (“magnet assembly 14 includes a stud 54”, paragraph [0091]; Fig. 1 and 8, shown in annotated Fig. 8 below)
One or more energy rings (“ring shaped magnet”, paragraph [0092]; magnet 56, shown in annotated Fig. 8 below)
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An energy source for generating energy waves (“transducer produce vibrations via a coil/magnet in a manner similar to a conventional speaker”, paragraph [0022], [0096]; transducer 10, coil assembly 18, Fig. 1 and Fig. 3), said energy source comprising a front (upper coil 36) and a back (lower coil 38)
Wherein said energy source is placed in the center of said flat bottom (“aperture 28 provides a housing for the magnet assembly 14 and coil assembly 18”, paragraph [0082]; centered aperture 28, main plate 22, Fig. 1), wherein one energy ring encircles said energy pin (energy ring 56 encircling energy pin 54 in Fig. 8), which is placed between said energy source and said protruding point (Fig. 1 and Fig. 5), with the longitudinal axes of the one energy ring and the energy pin aligned (all shown in annotated Fig. 1 below)
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Noninvasively delivering one or more therapeutically effective doses of an exogenous energy generated by said device (“low frequency transducer…midrange frequency transducer”, paragraph [0138]) to said one or more body parts of a subject (“low frequency transducer is coupled to the seat back, it will cause the leg rest to resonate”, paragraph [0138]) in need thereof, thereby preventing, alleviating or treating COVID-19 (SARS-CoV-2) coronavirus infection (“improved respiration”, paragraph [0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention if the device has the capability of the improvement of respiration, it will improve any respiratory disease, thereby having the ability to prevent, alleviate or treat COVID-19.
Regarding claims 15 and 16, Oser teaches the exogenous energy generated by said device being delivered to fascia or fasciae in said one or more body parts, for example the pubic bone, causing vibration or tremor in fascia or fasciae in external genitalia, which leads to vibration or tremor of fascia or fasciae in or around other body parts or organs (“subtle inner massage of musical vibration delivered in such a manner, giving the muscles and related ligaments the direct experience of release”, paragraph [0024]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 5712724233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791