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 Amendment
The Amendment filed February 16, 2026 has been entered. Claims 1-8 and 10-20 remain pending in the application. Applicant’s amendments to the claims have overcome the section 112 rejections and the claim objections.
Response to Arguments
Applicant's arguments filed February 16, 2026 have been fully considered but they are not persuasive. With respect to the arguments regarding Kanevsky and Chao and the rejections of claim 1, the arguments are not persuasive. Kanevsky discloses identifying acupuncture meridians and whether to increase or decrease the conductivity. See Kanevsky [0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current. However, Kanevsky does not teach the specifics of the electrical stimulation dose such as increasing or decreasing the conductivity. Chao is used to teach the specifics of the increasing or the decreasing of the conductivity. Chao, [0040] discusses the supplement versus draining techniques. Thus, the arguments are not persuasive.
Kanevsky further discloses after stimulation dose, performing measurements as part of a diagnostic method to determine if a condition is present, as newly mapped below. See Kanevsky [0050] – [0058], “The resulting coefficients, viz. the numerical data obtained from all the foregoing operations, are analyzed and compared with each other and, based on the results obtained, an opinion on the condition of a given organ and the processes going on there is formed.” Diagnosing the organs, [0058] discussing comparing before and after diagnosis measurements before stimulations and after. Thus, the arguments are not persuasive. The arguments regarding claims 2-6 and 10-13 are thus moot.
With respect to the arguments regarding claim 14, the arguments are not persuasive. The step of “calculating a prototype electrical current state” is taught by Kanevsky. Which discloses in [0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Kanevsky appears to be mapping a electrical current state at each meridian. Applicant argues that the prototype electrical current state is to include Table 1, which includes measurements of electrical current states at multiple meridians and classifies the measurements as high, or active, or low. Thus, the arguments are not persuasive. The arguments regarding claims 15 and 16 are moot. The arguments regarding claim 17 are moot as the amendments required newly cited art. The arguments regarding claim 18 are thus also moot, the arguments regarding claims 19-20 are additionally moot.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-8 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kanevsky (US 2003/0045809 A1) (”Kanevsky”) in view of Chao (US 2017/0071823 A1) (“Chao”).
Regarding claim 1, Kanevsky discloses A method comprising the steps of (Abstract and entire document):
in a first identifying step, identifying a first acupuncture meridian on an animal along which to increase or decrease an electrical conductivity ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current);
Kanevsky fails to disclose in a first application step, if the result of the first identifying step is to increase electrical conductivity, applying an electrical stimulation dose at a first point along the first acupuncture meridian, or
if the result of the first identifying step is to decrease electrical conductivity, applying the electrical stimulation dose at a second point along the first acupuncture meridian, the second point being different than the first point along the first acupuncture meridian.
However, in the same field of endeavor, Chao teaches in a first application step, if the result of the first identifying step is to increase electrical conductivity, applying an electrical stimulation dose at a first point along the first acupuncture meridian ([0040], “It is noted that the phenomenon of interference exists in qi in traditional Chinese medicine as well as in waves in physics. Qi supplement and qi draining in traditional Chinese medicine respectively correspond to increase and decrease of oscillation amplitudes of the meridians. Accordingly, when the user 500 selects the qi supplement mode through the user interface 110 (i.e., the second user input being associated with the qi supplement mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming constructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be enhanced. On the other hand, when the user 500 selects the qi draining mode through the user interface 110 (i.e., the second user input being associated with the qi draining mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming destructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be mitigated.”), or
if the result of the first identifying step is to decrease electrical conductivity, applying the electrical stimulation dose at a second point along the first acupuncture meridian, the second point being different than the first point along the first acupuncture meridian ([0040], “It is noted that the phenomenon of interference exists in qi in traditional Chinese medicine as well as in waves in physics. Qi supplement and qi draining in traditional Chinese medicine respectively correspond to increase and decrease of oscillation amplitudes of the meridians. Accordingly, when the user 500 selects the qi supplement mode through the user interface 110 (i.e., the second user input being associated with the qi supplement mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming constructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be enhanced. On the other hand, when the user 500 selects the qi draining mode through the user interface 110 (i.e., the second user input being associated with the qi draining mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming destructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be mitigated.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method as taught by Kanevsky to include in a first application step, if the result of the first identifying step is to increase electrical conductivity, applying an electrical stimulation dose at a first point along the first acupuncture meridian, or if the result of the first identifying step is to decrease electrical conductivity, applying an electrical stimulation dose at a second point along the first acupuncture meridian, the second point being different than the first point along the first acupuncture meridian as taught by Chao to apply treatment ([0039], “Such phenomenon corresponds to the concepts of internal-external relations and allelopathy in traditional Chinese medicine. Through adjusting the resonance property of the meridians as proposed in this disclosure and under the guidance of the theory of visceral manifestation in traditional Chinese medicine, traditional Chinese medicine physicians would be able to perform treatment on patients based on syndrome differentiation.”).
Kanevsky as modified further discloses after the step of applying the electrical stimulation dose, performing a diagnostic method to determine if one or more medical conditions are present (Kanevsky [0050] – [0058], “The resulting coefficients, viz. the numerical data obtained from all the foregoing operations, are analyzed and compared with each other and, based on the results obtained, an opinion on the condition of a given organ and the processes going on there is formed.” Diagnosing the organs, [0058] discussing comparing before and after diagnosis measurements before stimulations and after).
Regarding claim 2, Kanevsky as modified discloses The method according to claim 1, Kanevsky as modified further discloses wherein the electrical stimulation dose comprises: a first type of electrical current selected from the group consisting of direct current and alternating current; and a first dosing duration ([0036], “Accordingly, the modulation signal as well as the corresponding electrical stimulation signal is a DC signal” and [0040], “As indicated in the upper plot, interbeat intervals of the first four consecutive heartbeats are respectively denoted by T1, T2, and T3, and the lower plot shows corresponding time intervals T1′, T2′, T3′ for the electrical stimulation signal with a delay of a period of T0 which may result from processing delay of the stimulating device 300. Since the Spleen Meridian of Foot-Taiyin is selected, the electrical stimulation signal has the third order harmonic frequency of the fundamental frequency (i.e., triple the heartbeat frequency). In other words, the electrical stimulation signal has three pulses during each of time intervals T1′, T2′, T3′ of the electrical stimulation signal that respectively correspond to the interbeat intervals T1, T2, and T3 of the heartbeat signal.” A stimulation dose having a type of current and a duration.).
Regarding claims 3-5, Kanevsky as modified discloses The method according to claim 2, Kanevsky as modified fails to explicitly disclose wherein the first type is direct current provided at an at least substantially constant level of between one hundred and two hundred microamps.
wherein the first dosing duration is at least seven seconds.
wherein the first dosing duration is less than or equal to fifteen seconds.
However, Chao discloses a direct current at a microamp level and having a dosing duration ([0036], “Accordingly, the modulation signal as well as the corresponding electrical stimulation signal is a DC signal” and [0040], “As indicated in the upper plot, interbeat intervals of the first four consecutive heartbeats are respectively denoted by T1, T2, and T3, and the lower plot shows corresponding time intervals T1′, T2′, T3′ for the electrical stimulation signal with a delay of a period of T0 which may result from processing delay of the stimulating device 300. Since the Spleen Meridian of Foot-Taiyin is selected, the electrical stimulation signal has the third order harmonic frequency of the fundamental frequency (i.e., triple the heartbeat frequency). In other words, the electrical stimulation signal has three pulses during each of time intervals T1′, T2′, T3′ of the electrical stimulation signal that respectively correspond to the interbeat intervals T1, T2, and T3 of the heartbeat signal.” A stimulation dose having a type of current and a duration.).
It would have been obvious to one of ordinary skill in the art, through routine optimization, to determine the optimal current level and duration, including direct current provided at an at least substantially constant level of between one hundred and about two hundred microamps and wherein the first dosing duration is at least seven seconds, wherein the first dosing duration is less than or equal to fifteen seconds. 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). Since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that direct current provided at an at least substantially constant level of between one hundred and about two hundred microamps and wherein the first dosing duration is at least seven seconds, wherein the first dosing duration is less than or equal to fifteen seconds, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 6, Kanevsky as modified discloses The method according to claim 1, Kanevsky as modified further discloses further comprising the steps of: in a second identifying step, identifying a second acupuncture meridian on the animal along which to increase or decrease an electrical conductivity; and if the result of the second identifying step is to increase electrical conductivity, applying the second electrical stimulation dose at a first point along the second acupuncture meridian, or if the result of the second identifying step is to decrease electrical conductivity, applying a second electrical stimulation dose at a second point along the second acupuncture meridian, the second point being different than the first point along the second acupuncture meridian (Kanevsky [0059], “The resulting information can be either confirmed or questioned by conducting further testing of the announcement points and sympathetic points. They are measured straight after the completion of the first part of the test, first on the abdomen, and then on the back of the patient. Then the zero energy of announcement points and sympathetic points is measured, the results treated with the help of a special program, and a medical conclusion is reached. If the diagnosis coincides with that of the first part of the test, it is confirmed. If not-additional testing should be conducted (which is recommended by the program on the spot).” Further testing and stimulation can be performed or repeated until results are confirmed or treatment is completed).
Regarding claim 7, Kanevsky as modified discloses The method according to claim 1, Kanevsky further discloses wherein the first identifying step comprises the steps of choosing a first measurement point along the first acupuncture meridian measuring a cross-body electrical current at the first measurement point; and determining a current state of the measured cross-body electrical current ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current).
Regarding claim 8, Kanevsky as modified discloses The method according to claim 7, Kanevsky further discloses indicating whether to increase or decrease electrical conductivity based on the current state of the measured cross- body electrical current ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current).
Regarding claim 10, Kanevsky as modified discloses The method according to claim 1, wherein the first point is selected from the group consisting of LU-9, PC-9, HT-9, LI-11, TH-2, SI-2, SP-3, LR-8, BL-67, KI-7, GB- 43, and ST-45 ([0003] discussing the meridians, it is further noted the acupuncture meridian points are well known within the art.).
Regarding claim 11, Kanevsky as modified discloses The method according to claim 2, wherein the second point is selected from the group consisting of LU- 5, PC-7, HT-7, LI-2, TH-10, SI-8, SP-5, LR-2, BL-66, KI-1, GB-39, and ST-44 ([0003] discussing the meridians, it is further noted the acupuncture meridian points are well known within the art.).
Regarding claim 12, Kanevsky as modified discloses The method according to claim 1, wherein the animal is a mammal (FIG. 1, subject is human).
Regarding claim 13, Kanevsky as modified discloses The method according to claim 12, wherein the mammal is selected from the group consisting of a hominid, a canine, a bovine, an equine, a porcine, an ovine, a feline, a hercine, a giraffine, a cervine, a musine, and an elephantine (FIG. 1, subject is human).
Regarding claim 14, Kanevsky discloses A method comprising (Abstract and entire document):
(a) calculating a Prototype Electrical Current State for a diagnostic session, based on a set of measurements of electric current in an animal ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.”);
(b) based on the calculating step, determining whether each measurement of electric current is average ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current);
(c) associating each measurement of electric current with an acupuncture meridian of the animal ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current);
Kanevsky fails to disclose (d) for each measurement below average or less, supplying an electrical current dose along the respective median at a first point; and
(e) for each measurement above average or greater, supplying an electrical current dose along the respective median at a second point, wherein the first point and the second point are different.
However, in the same field of endeavor, Chao teaches(d) for each measurement below average or less, supplying an electrical current dose along the respective median at a first point ([0040], “It is noted that the phenomenon of interference exists in qi in traditional Chinese medicine as well as in waves in physics. Qi supplement and qi draining in traditional Chinese medicine respectively correspond to increase and decrease of oscillation amplitudes of the meridians. Accordingly, when the user 500 selects the qi supplement mode through the user interface 110 (i.e., the second user input being associated with the qi supplement mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming constructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be enhanced. On the other hand, when the user 500 selects the qi draining mode through the user interface 110 (i.e., the second user input being associated with the qi draining mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming destructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be mitigated.”); and
(e) for each measurement above average or greater, supplying an electrical current dose along the respective median at a second point, wherein the first point and the second point are different ([0040], “It is noted that the phenomenon of interference exists in qi in traditional Chinese medicine as well as in waves in physics. Qi supplement and qi draining in traditional Chinese medicine respectively correspond to increase and decrease of oscillation amplitudes of the meridians. Accordingly, when the user 500 selects the qi supplement mode through the user interface 110 (i.e., the second user input being associated with the qi supplement mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming constructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be enhanced. On the other hand, when the user 500 selects the qi draining mode through the user interface 110 (i.e., the second user input being associated with the qi draining mode), the pulse generator 310 outputs the electrical stimulation signal with a stimulation phase forming destructive interference with the pulsation phase of the pulsation signal by phase superposition, so that the oscillation amplitude of the selected one of the twelve meridians may be mitigated.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method as taught by Kanevsky to include (d) for each measurement below average or less, supplying an electrical current dose along the respective median at a first point; and (e) for each measurement above average or greater, supplying an electrical current dose along the respective median at a second point, wherein the first point and the second point are different as taught by Chao to apply treatment ([0039], “Such phenomenon corresponds to the concepts of internal-external relations and allelopathy in traditional Chinese medicine. Through adjusting the resonance property of the meridians as proposed in this disclosure and under the guidance of the theory of visceral manifestation in traditional Chinese medicine, traditional Chinese medicine physicians would be able to perform treatment on patients based on syndrome differentiation.”).
Regarding claim 15, Kanevsky as modified discloses The method of claim 14 Kanevsky further discloses wherein different measurements in the set were taken while: a probe electrode touched skin of the animal at different Prototype Measurement Locations, one location at a time; and the electric current flowed between a ground electrode and the probe electrode through the animal body ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current).
Regarding claim 16, Kanevsky as modified discloses The method of claim 14, Kanevsky further discloses wherein each of the respective measurements in the set was taken while: the electric current flowed between a ground electrode and a probe electrode through the animal's body; the ground electrode touched a first portion the animal; and the probe electrode touched a different portion of the animal at a Prototype Measurement Location ([0056], “The current measured at each point is marked on the ordinate. The normal corridor is shown as a horizontal stripe. The current readings falling within the corridor mean that there is no problem in the meridian (and its corresponding organ). If the figure appears above the normative corridor, the meridian is in an active state, its energy is too high. If the figure is below the corridor, the meridian's energy is too low.” And [0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.” Identifying meridians using a ground electrode and probe electrode to identify meridians that are too high or too low of current).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kanevsky in view of Chao in further view of Ding (US 2018/0055410 A1) (“Ding”).
Regarding claim 17, Kanevsky discloses A system comprising (Abstract and entire document):
an electrical stimulator that includes a ground electrode and a probe electrode ([0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.”),
wherein the ground electrode is supported against an animal body at a first distal location on a limb of the animal body, wherein the probe electrode is selectively positionable against a second location on the animal body to deliver an electrical stimulation dose ([0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist.”),
Kanevsky fails to disclose the dose comprising an electrical current type, an electrical current level, and a dose duration.
wherein the probe electrode comprises a conductive tip extending from a main body, the main body being covered by an insulative sheath
However, in the same field of endeavor, Chao teaches the dose comprising an electrical current type, an electrical current level, and a dose duration ([0036], “Accordingly, the modulation signal as well as the corresponding electrical stimulation signal is a DC signal” and [0040], “As indicated in the upper plot, interbeat intervals of the first four consecutive heartbeats are respectively denoted by T1, T2, and T3, and the lower plot shows corresponding time intervals T1′, T2′, T3′ for the electrical stimulation signal with a delay of a period of T0 which may result from processing delay of the stimulating device 300. Since the Spleen Meridian of Foot-Taiyin is selected, the electrical stimulation signal has the third order harmonic frequency of the fundamental frequency (i.e., triple the heartbeat frequency). In other words, the electrical stimulation signal has three pulses during each of time intervals T1′, T2′, T3′ of the electrical stimulation signal that respectively correspond to the interbeat intervals T1, T2, and T3 of the heartbeat signal.” A stimulation dose having a type of current and a duration.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Kanevsky to include the dose comprising an electrical current type, an electrical current level, and a dose duration as taught by Chao to apply treatment ([0039], “Such phenomenon corresponds to the concepts of internal-external relations and allelopathy in traditional Chinese medicine. Through adjusting the resonance property of the meridians as proposed in this disclosure and under the guidance of the theory of visceral manifestation in traditional Chinese medicine, traditional Chinese medicine physicians would be able to perform treatment on patients based on syndrome differentiation.”).
Kanevsky as modified fails to disclose wherein the probe electrode comprises a conductive tip extending from a main body, the main body being covered by an insulative sheath
However, in the same field of endeavor, Ding teaches wherein the probe electrode comprises a conductive tip extending from a main body, the main body being covered by an insulative sheath (FIG. 7 and [0079] probe electrode has an insulation layer 766/765 on the main body, interpreted as the insulative sheath)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Kanevsky as modified to include wherein the probe electrode comprises a conductive tip extending from a main body, the main body being covered by an insulative sheath as taught by Ding to have non-toxic and maneuverable components ([0080], “In various embodiments, insulation layer 765 is formed by coating using a thermally non-conductive material that is non-toxic and biocompatible. The resulting insulation layer 765 can sustain acupunctural maneuvers and a sterilization procedure.”).
Regarding claim 18, Kanevsky as modified discloses The system of claim 17, Kanevsky as modified further discloses wherein the ground electrode and the probe electrode are parts of a single rigid structure and are in a fixed position relative to each other (Chao, FIG. 5 and [0038], electrodes 321 and 322 are a part of the same structure, pad 320 and at a fixed distance).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kanevsky in view of Chao in further view of Ding in further view of Moyer (US 11,642,038 B1) (“Moyer”).
Regarding claim 19, Kanevsky as modified discloses The system of claim 17, Kanevsky fails to disclose further comprising: one or more pressure sensors that are each configured to measure pressure exerted on the ground electrode or the probe electrode.
However, in the same field of endeavor, Moyer teaches further comprising: one or more pressure sensors that are each configured to measure pressure exerted on the ground electrode or the probe electrode (Col. 6 lines 20-38, “wherein the positive electrode includes a pressure sensor operable to indicate an amount of pressure applied by a tip of the positive electrode on the point,”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Kanevsky to include further comprising: one or more pressure sensors that are each configured to measure pressure exerted on the ground electrode or the probe electrode as taught by Moyer to detect pressure applied and variations of pressure applied during a session or across sessions (Col. 6 lines 20-38, “wherein the reasoning engine includes artificial intelligence (AI) algorithms operable to detect variations in the pressure applied by the positive electrode during a session and/or across multiple sessions.”).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kanevsky in view of Chao in further view of Ding in further view of Freeman et al. (US 2015/0087947 A1) (“Freeman”).
Regarding claim 20, Kanevsky as modified discloses The system of claim 17, Kanevsky further discloses further comprising: a current sensor configured to sense a conducted current level between the probe electrode and ground electrode ([0037], “The active electrode (1) touches the patient's arm. The passive electrode (2) is attached to his/her wrist. When the device is turned on, an electric chain is created. A stabilizer feeding the voltage (3) of 5 Volts is introduced into the scheme. Also, two resistors--R1 (4) and R2 (5) are included, with a summary resistance of 250 k.OMEGA.. The intensity of current in the chain without a patient does not exceed 20 microamperes (according to Ohm's law: I=U (R1+R2), where U=5 V; R=250 k.OMEGA.Q I=20 microamperes). When a patient is included in the chain, he/she naturally brings his/her resistance into the chain. Then, the intensity of the current is calculated, according to the following formula: [0038] I patient=U/(R1+R2+R patient), where U=5 V; R1=230 k.OMEGA.; R patient and I patient are unknown.” Current is sensed between a probe and ground electrode);
one or more computers ([0015], “a computer display screen” and [0042], “The data of the intensity of current within the chain (i.e., the values of the current passing through the BAP), are transmitted to an AID convector, where they are converted into bytes, transmitted to the computer by the microcontroller through the RS-232 port.”); and
an electronic display screen ([0015], “a computer display screen”) and
Kanevsky fails to disclose an audio transducer,
wherein the one or more computers are programmed to cause the screen and the audio transducer to together output an audiovisual presentation that at least one of (a) provides information about at least one of (i) whether the ground and probe electrodes are positioned correctly on the animal,
However, in the same field of endeavor, Freeman teaches an audio transducer ([0115], “The app 1412 can display information and instructions as images and/or text on a display interface of the control unit 1404. In one example, the app 1412 displays step-by-step instructions and simple figures to guide the user in delivering CPR to the patient. The app 1412 can provide audio information through speakers of the control unit 1404. In one example, the app 1412 speaks "Clear: Shocking Patient" prior to commanding the treatment unit 1402 to apply a shock. In one example, the app 1412 sounds a rhythmic tone (e.g., a beep) to assist the user in delivering compressions at the proper rate.”),
wherein the one or more computers are programmed to cause the screen and the audio transducer to together output an audiovisual presentation that at least one of (a) provides information about at least one of (i) whether the ground and probe electrodes are positioned correctly on the animal ([0115], “The app 1412 can display information and instructions as images and/or text on a display interface of the control unit 1404. In one example, the app 1412 displays step-by-step instructions and simple figures to guide the user in delivering CPR to the patient. The app 1412 can provide audio information through speakers of the control unit 1404. In one example, the app 1412 speaks "Clear: Shocking Patient" prior to commanding the treatment unit 1402 to apply a shock. In one example, the app 1412 sounds a rhythmic tone (e.g., a beep) to assist the user in delivering compressions at the proper rate.”),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method as taught by Kanevsky to include an audio transducer, wherein the one or more computers are programmed to cause the screen and the audio transducer to together output an audiovisual presentation that at least one of (a) provides information about at least one of (i) whether the ground and probe electrodes are positioned correctly on the animal as taught by to deliver effective treatment ([0035], “The capabilities that are accessible to a given user are tailored to the user's level of experience, thus helping to ensure that the user is provided with tools to deliver safe and effective treatment to a patient.”).
Kanevsky as modified further discloses wherein the one or more computers are programmed to cause the screen and the audio transducer to together output an audiovisual presentation that at least one of (a) provides information about at least one of (i) whether the ground and probe electrodes are positioned correctly on the animal (ii) the conducted current level (Kanevsky [0015], “Further, according to the invention, the results of the two sets of measurements are compared, e.g. by superimposing them on a computer display screen, and diagnostic conclusions are reached from their comparison.”),
(iii) an indication of whether the conducted current level is above or below an average current level, and (iv) within an average range (b) sequentially guides a user through an application of diagnostic electric currents at a plurality of points on the animal body, and (c) sequentially guides a user through an application of an electrical stimulation dose at one or more points on the animal body (Kanevsky [0015], “Further, according to the invention, the results of the two sets of measurements are compared, e.g. by superimposing them on a computer display screen, and diagnostic conclusions are reached from their comparison. If a result obtained from the first set of measurements falls outside the normal corridor, this is considered a potential indicator of disease activity. If the corresponding result obtained from the second set of measurements (after stimulation) also lies outside the normal corridor, this is considered as a true indication of the presence of a disease. If, however, the corresponding result from the second set of measurements falls within the normal corridor, then the first measurement is considered not to be an indication of a true disease state and is therefore disregarded.”).
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).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/J.A.T./Examiner, Art Unit 3791
/TSE W CHEN/ Supervisory Patent Examiner, Art Unit 3791