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 .
This action is in response to the filing on 2/15/2023. Since the previous filing, claims 4, 58 and 11-13 have been amended and no claims have been added or cancelled. Thus, claims 1-13 are pending in the application.
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 9:
Line 8: “a first vibratory stimulator” should be “a second vibratory stimulator”
Appropriate correction is required.
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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2021/0290482) in view of Cordo (US 2013/0116606).
In regards to claim 1, Wang discloses a wearable rehabilitation device (vibration device 100) comprising: a wearable support sized and shaped for worn fitting thereof over a body part of a patient (adjustable harness 110); and supported on said wearable support: one or more vibratory stimulators operable to stimulate said body part of the patient (vibration module 106, paragraph 29); and one or more accelerometers configured to generate output signals responsive to vibration of said one or more vibratory stimulators (vibrations sensor 108 may be accelerometer and monitors vibration module 106 for feedback control, paragraph 32).
Wang does not disclose wherein the one or more vibratory stimulators operable to stimulate muscle tendon tissue of said body part of the patient.
However, Cordo teaches a wearable rehabilitation device (therapy devices 10, 12 and 14, Fig 1-3) comprising: one or more vibratory stimulators operable to stimulate muscle tendon tissue of said body part of the patient (vibrator actuator 20 positioned over desired tendon, paragraph 19 and paragraph 22 line 15-18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang wherein the one or more vibratory stimulators operable to stimulate muscle tendon tissue of said body part of the patient as taught by Cordo as this is a known position to apply such therapy to a user.
In regards to claim 2, Wang in view of Cordo teaches the device of claim 1 and the combination further teaches wherein said one or more vibratory stimulators comprises two vibratory stimulators (Wang: vibrations device may have multiple vibration motors 114, paragraph 40) positioned to respectively overlie two different muscle tendons of said body part (Cordo: paragraph 22 line 15-18).
In regards to claim 3, Wang in view of Cordo teaches the device of claim 2 and Wang further discloses wherein said one or more accelerometers comprises two accelerometers, each of which is configured to generate a respective output signal responsive to vibration of a respective one of said two vibratory stimulators (each vibration motor 114 supplied with its own vibration sensor 108, paragraph 40).
In regards to claim 4, Wang in view of Cordo teaches the device of claim 2 and the combination further teaches wherein said two vibratory stimulators are positioned on said wearable support at positions selected to respectively overlie flexor and extensor muscle tendons of said body part (Cordo: paragraph 28-29).
In regards to claim 5, Wang in view of Cordo teaches the device of claim 1 and Wang further discloses comprising a controller that is configured to receive user input signifying a targeted vibrational frequency of said one or more vibratory stimulators, to receive said output signals from the one or more accelerometers and derive therefrom a measured vibrational frequency of said one or more vibratory stimulators, and is configured to compare said measured vibrational frequency against said targeted vibrational frequency (paragraph 23 and 27 and 32).
In regard sot claim 6, Wang in view of Cordo teaches the device of claim 5 and Wang further discloses wherein said controller is configured to control operation of said vibrational stimulators, and to vary one or more operating conditions thereof based on detected disagreement between said measured vibrational frequency and said user input (paragraph 23 and 27 and 32 and 35-36).
In regards to claim 7, Wang in view of Cordo teaches the device of claim 5.
While Wang teaches changing operation of the vibrational stimulators based on said detected disagreement (paragraph 32 and 35-26), it does not teach wherein that change is a varying of an operating voltage applied to said vibrational stimulators.
However, Cordo teaches wherein said controller is configured to vary an operating voltage applied to said vibrational stimulators (paragraph 25-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to vary an operating voltage applied to said vibrational stimulators as taught by Cordo as this is a known way to vary the operation of a vibrational stimulator.
In regards to claim 8, Wang in view of Cordo teaches the device of claim 8 and Wang further discloses wherein said controller is configured to output a confirmation signal upon detected agreement between said measured vibrational frequency and said user input (paragraph 52).
In regards to claim 9, Wang discloses a wearable rehabilitation device (vibration device 100) comprising: a wearable support sized and shaped for worn fitting thereof over a body part of a patient (adjustable harness 110); and supported on said wearable support: a first vibratory stimulator positioned on said wearable support at a first location thereon that is arranged to overlie a first body part of the patient when said wearable support is donned in a worn position thereon; and a first vibratory stimulator positioned on said wearable support at a second location thereon that is arranged to overlie a second body part of the patient when said wearable support is donned in the worn position thereon (multiple vibration modules 106, paragraph 38).
Wang does not disclose wherein the first and second locations are arranged to overlie a first and second muscle tendon.
However, Cordo teaches a wearable rehabilitation device (therapy devices 10, 12 and 14, Fig 1-3) wherein the first and second locations are arranged to overlie a first and second muscle tendon (vibrator actuator 20 positioned over desired tendon, paragraph 19).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang wherein the first and second locations are arranged to overlie a first and second muscle tendon as taught by Cordo as this is a known position to apply such therapy to a user.
In regards to claim 10, Wang in view of Cordo teaches the device of claim 9 and the combination further teaches wherein said first and second vibratory stimulators are positioned on said wearable support body at positions selected to respectively overlie flexor and tensor muscle tendons of said body part (Cordo: paragraph 28-29).
In regards to claim 11, Wang in view of Cordo teaches the device of claim 1 and the combination further teaches wherein said wearable support comprises a wristband (Cordo: Fig 1-3).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2021/0290482) in view of Cordo (US 2013/0116606) as evidenced by Zhang (US 2018/0356890).
In regards to claim 12, Wang in view of Cordo teaches the device of claim 1.
While Wang does not explicitly disclose wherein each vibratory stimulator is relocatable among different positions on said wearable support, it does teach pockets which house the components and guide markers for determining appropriate placement of the vibration modules and teaches that the vibration modules ought to be placed in specific locations on the users body (paragraph 38). Further, Zhang evidences that it would be desirable to be able to relocate the vibration modules to specific locations on the wearable support (paragraph 33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang wherein each vibratory stimulator is relocatable among different positions on said wearable support as taught by Wang and evidenced by Zhang as this would help increase the efficacy and efficiency of the treatment (Zhang: paragraph 33).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2021/0290482) in view of Cordo (US 2013/0116606) and in further view of Maloney (US 2018/0000685).
In regards to claim 13, Wang in view of Cordo teaches the device of claim 1.
Wang does not disclose wherein said wearable support is adjustable in size.
However, Maloney teaches a wearable vibratory therapy device (device 100, paragraph 40) having a wearable support wherein said wearable support is adjustable in size (paragraph 33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang wherein said wearable support is adjustable in size as taught by Maloney as this would allow the device to be fit properly to the user to ensure comfort and best effect.
Conclusion
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785