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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the EMS contact 15 must be shown or the feature(s) canceled from the claim(s). Although Figure 6 shows a block diagram with the EMS contact 15 disposed within the piston 12, the detailed Figure 4 of the piston 12 does not show where the EMS contact 15 is located and/or how it is mounted within the piston 12. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1, 5-6, 8, 10-12,16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Peron (US 2019/0167517 A1) in view of Nebrigic et al. (US 2010/0179455 A1), Kleinsinger (US 2010/0042018 A1) and in further view of Stern et al. (US 7,481,809 B2).
Regarding claim 1, Peron discloses a massage and cellulite reduction device (apparatus 1 for carrying out treatments on the human body, Abstract and Figures 1-2A; apparatus massages the skin of the patient, Paragraph 0051; apparatus used in order to facilitate muscle toning, wrinkle relaxing, and cellulite, Paragraph 0004) comprising: a handheld housing (housing 30, Figure 2A); a plurality of percussion therapy (PT) thrusters (a plurality of linear actuators 8 each comprising a piston 10, Paragraph 0048 and Figure 2A); a controller (control unit 60, Paragraph 0051); a portable power source (portable central unit 2 supply power to operational head 3, Figure 2A); the handheld housing comprising a housing handle (handle neck portion 31, Figure 2A) and a housing base (housing base plate 4, Figure 4); each of the plurality of PT thrusters comprising a reciprocating piston (a plurality of linear actuators 8 each comprising a piston 10, Paragraph 0048 and Figure 2A); the housing base comprising a proximal base face and a distal base face (see housing base plate having a proximal base face and a distal base face, Figure 4); the reciprocating piston comprising a piston contact surface (piston 10 comprises a free end 10A to act on skin of the patient, Figure 2A and Paragraph 0049); the proximal base face and the distal base face being positioned opposite to each other about the housing base (see housing base plate having a proximal base face and a distal base face, Figure 4); the housing handle being connected onto the distal base face (see handle 31 being connection onto the distal face of base plate 4, Figure 4); the reciprocating piston of each of the plurality of PT thrusters being integrated through the proximal base face and into the housing base (see Figures 2A-2B showing the pistons 10 being integrated through the proximal face of the base plate 4 and into housing); the plurality of PT thrusters being positioned offset amongst each other across the proximal base face (see plurality of linear actuators 8 comprising pistons 10 positioned offset amongst each other and across the proximal base face of base plate 4, Figures 2A-2B); the piston contact surface being positioned external to the housing base (see free ends 10A of pistons 10 positioned externally to housing base plate 4, Figures 2A-2B); the controller being electronically connected to the plurality of PT thrusters (control unit 60 drives each actuator 8 via electrical connections 61, Paragraph 0060); and the portable power source being electrically connected to the controller and the plurality of PT thrusters (central unit 2 electrically connected to control unit 60 and the plurality of linear actuators paragraph 0060).
However, Peron is silent on at least one radio frequency (RF) emitter, and at least one electrical muscle stimulation (EMS) contact; the at least RF emitter and the at least one EMS contact being mounted within the reciprocating piston, adjacent to the piston contact surface; and the controller and the portable power source being mounted within the handheld housing.
Regarding at least one radio frequency (RF) emitter mounted within a reciprocating piston, Nebrigic teaches a tissue treatment device (Abstract and Figure 2) comprising a reciprocating treatment tip (when energized the treatment tip 14 moves in reciprocating motion relative to the skin surface, Paragraph 0076 and Figure 2), wherein at least one radio frequency (RF) emitter is mounted within he reciprocating element (treatment tip 14 comprises an active treatment electrode 24, wherein the treatment electrode generates high frequency electrical current, typically in the radio-frequency (RF) band, Paragraphs 0036-0037).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that it includes at least one radio frequency emitter, as taught by Nebrigic, as delivering radio frequency to a user’s skin provides a non-invasive treatment method of reducing the appearance of wrinkles by aiding in the tightening of skin (Paragraphs 0005-0006 of Nebrigic).
Regarding at least one electrical muscle stimulation (EMS) contact, Kleinsinger teaches a device for treating cellulite and fatty masses (Abstract and Figure 3) comprising a plurality of electrodes (electrodes 410 and transducers 310, Paragraph 0162 and Figure 3) wherein the electrodes are configured to electrically stimulate the muscles, therefore providing an EMD contact (electric pulses generated by the electrodes 410 stimulate the smooth muscles, Paragraph 0168).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that it includes at least one electrical muscle stimulation (EMS) contact, as taught by Kleinsinger, as such electrical pulses cause alternating contracting and relaxing of the smooth muscles, thereby increasing the blood flow and locally stimulates lymphatic circulation (Paragraph 0169 of Kleinsinger).
Although Peron teaches a controller and a portable power source, Peron is silent wherein the controller and the portable power source being mounted within the handheld housing. However, Stern teaches a tissue treatment device (Abstract and Figure 1A) comprising an RF emitter (RF electrode 20, Figure 1A) and a handpiece housing (housing 14, Figure 1A), further comprising a controller and a portable power source, such that the controller and power source are mounted within the housing (microprocessor 58 and RF power source disposed within housing 14, Figure 1A and Col. 16 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the controller and power source are disposed with the housing, and therefore not external components, as taught by Stern, as providing such control/power components within the main device housing reduces overall system parts such as electrical wiring, therefore offering a more compact and useable device.
Regarding claim 5, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, with Peron further teaching an elevation lip; and the elevation lip being perimetrically connected onto the proximal base face (see elevated lip formed on the proximal base plate 4, Figure 4).
Regarding claim 6, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, with Peron further teaching the housing base further comprising a plurality of guiding sockets (jackets 11, Figure 2A and Paragraph 0048); the plurality of guiding sockets being integrated into the proximal base face (see jackets 11 integrated into proximal base plate 4, Figure 2A); and the reciprocating piston of each of the plurality of PT thrusters being slidably engaged through a corresponding socket from the plurality of guiding sockets (each piston 10 slidably moves inside the corresponding jacket 11, Paragraph 0048 and Figure 2A).
Regarding claim 8, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, with Nebrigic further teaching the at least one RF emitter being oriented towards the piston contact surface (treatment tip 14 comprises an active treatment electrode 24, wherein the treatment electrode generates high frequency electrical current, typically in the radio-frequency (RF) band, Paragraphs 0036-0037) and Kleinsinger further teaching the at least one EMS contact being in electrical communication with the piston contact surface (electric pulses generated by the electrodes 410 stimulate the smooth muscles, Paragraph 0168).
Regarding claim 10, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, with Nebrigic further teaching an RF signal generator (RF signal generator 26, Paragraph 0037 and Figure 2); the RF signal generator being mounted within the housing base (Figure 2); the RF signal generator being electrically connected to the at least one RF emitter for each of the plurality of PT thrusters (signal generator 26 electrically connected to treatment electrode 24, Paragraph 0037); the controller being electronically connected to the RF signal generator; and the portable power source being electrically connected to the RF signal generator (system controller 18 and power source electrically connected to the signal generator 26, Paragraph 0035).
Regarding claim 11, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, with Kleinsinger further teaching an electrical pulse generator (generator 600 for supplying electric pulses to electrodes 410, Paragraph 0108 and Figure 3); the electrical pulse generator being mounted within the housing base (Figure 3); the electrical pulse generator being electrically connected to the at least one EMS contact for each of the plurality of PT thrusters (generator 600 electrically connected to the electrodes 410, Paragraph 0108); the controller being electronically connected to the electrical pulse generator; and the portable power source being electrically connected to the electrical pulse generator (control and power devices electrically connected to generator 600, Paragraph 0119 and Figure 1).
Regarding claim 12, Peron discloses a massage and cellulite reduction device (apparatus 1 for carrying out treatments on the human body, Abstract and Figures 1-2A; apparatus massages the skin of the patient, Paragraph 0051; apparatus used in order to facilitate muscle toning, wrinkle relaxing, and cellulite, Paragraph 0004) comprising: a handheld housing (housing 30, Figure 2A); a plurality of percussion therapy (PT) thrusters (a plurality of linear actuators 8 each comprising a piston 10, Paragraph 0048 and Figure 2A); a controller (control unit 60, Paragraph 0051); a portable power source (portable central unit 2 supply power to operational head 3, Figure 2A); the handheld housing comprising a housing handle (handle neck portion 31, Figure 2A) and a housing base (housing base plate 4, Figure 4); each of the plurality of PT thrusters comprising a reciprocating piston (a plurality of linear actuators 8 each comprising a piston 10, Paragraph 0048 and Figure 2A); the housing base comprising a proximal base face and a distal base face (see housing base plate having a proximal base face and a distal base face, Figure 4); the reciprocating piston comprising a piston contact surface (piston 10 comprises a free end 10A to act on skin of the patient, Figure 2A and Paragraph 0049); the proximal base face and the distal base face being positioned opposite to each other about the housing base (see housing base plate having a proximal base face and a distal base face, Figure 4); the housing handle being connected onto the distal base face (see handle 31 being connection onto the distal face of base plate 4, Figure 4); the reciprocating piston of each of the plurality of PT thrusters being integrated through the proximal base face and into the housing base (see Figures 2A-2B showing the pistons 10 being integrated through the proximal face of the base plate 4 and into housing); the plurality of PT thrusters being positioned offset amongst each other across the proximal base face (see plurality of linear actuators 8 comprising pistons 10 positioned offset amongst each other and across the proximal base face of base plate 4, Figures 2A-2B); the piston contact surface being positioned external to the housing base (see free ends 10A of pistons 10 positioned externally to housing base plate 4, Figures 2A-2B); the controller being electronically connected to the plurality of PT thrusters (control unit 60 drives each actuator 8 via electrical connections 61, Paragraph 0060); and the portable power source being electrically connected to the controller and the plurality of PT thrusters (central unit 2 electrically connected to control unit 60 and the plurality of linear actuators paragraph 0060).
However, Peron is silent on at least one radio frequency (RF) emitter, and at least one electrical muscle stimulation (EMS) contact; the at least RF emitter and the at least one EMS contact being mounted within the reciprocating piston, the at least one RF emitter being oriented towards the piston contact surface, the at least one EMS contact being in electrical communication with the piston contact surface, and the controller and the portable power source being mounted within the handheld housing.
Regarding at least one radio frequency (RF) emitter mounted within a reciprocating piston and oriented towards the piston contact surface, Nebrigic teaches a tissue treatment device (Abstract and Figure 2) comprising a reciprocating treatment tip (when energized the treatment tip 14 moves in reciprocating motion relative to the skin surface, Paragraph 0076 and Figure 2), wherein at least one radio frequency (RF) emitter is mounted within the reciprocating element and oriented towards its contact surface (treatment tip 14 comprises an active treatment electrode 24, wherein the treatment electrode generates high frequency electrical current, typically in the radio-frequency (RF) band, Paragraphs 0036-0037).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that it includes at least one radio frequency emitter, as taught by Nebrigic, as delivering radio frequency to a user’s skin provides a non-invasive treatment method of reducing the appearance of wrinkles by aiding in the tightening of skin (Paragraphs 0005-0006 of Nebrigic).
Regarding at least one electrical muscle stimulation (EMS) contact oriented towards the piston contact surface, Kleinsinger teaches a device for treating cellulite and fatty masses (Abstract and Figure 3) comprising a plurality of electrodes (electrodes 410 and transducers 310, Paragraph 0162 and Figure 3) wherein the electrodes are configured to electrically stimulate the muscles, therefore providing an EMD contact (electric pulses generated by the electrodes 410 stimulate the smooth muscles, Paragraph 0168).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that it includes at least one electrical muscle stimulation (EMS) contact, as taught by Kleinsinger, as such electrical pulses cause alternating contracting and relaxing of the smooth muscles, thereby increasing the blood flow and locally stimulates lymphatic circulation (Paragraph 0169 of Kleinsinger).
Although Peron teaches a controller and a portable power source, Peron is silent wherein the controller and the portable power source being mounted within the handheld housing. However, Stern teaches a tissue treatment device (Abstract and Figure 1A) comprising an RF emitter (RF electrode 20, Figure 1A) and a handpiece housing (housing 14, Figure 1A), further comprising a controller and a portable power source, such that the controller and power source are mounted within the housing (microprocessor 58 and RF power source disposed within housing 14, Figure 1A and Col. 16 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the controller and power source are disposed with the housing, and therefore not external components, as taught by Stern, as providing such control/power components within the main device housing reduces overall system parts such as electrical wiring, therefore offering a more compact and useable device.
Regarding claim 16, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, with Peron further teaching an elevation lip (see elevated lip formed on the proximal base plate 4, Figure 4); with Peron further teaching the housing base further comprising a plurality of guiding sockets (jackets 11, Figure 2A and Paragraph 0048); the plurality of guiding sockets being integrated into the proximal base face (see jackets 11 integrated into proximal base plate 4, Figure 2A); and the reciprocating piston of each of the plurality of PT thrusters being slidably engaged through a corresponding socket from the plurality of guiding sockets (each piston 10 slidably moves inside the corresponding jacket 11, Paragraph 0048 and Figure 2A).
Regarding claim 19, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, with Nebrigic further teaching an RF signal generator (RF signal generator 26, Paragraph 0037 and Figure 2); the RF signal generator being mounted within the housing base (Figure 2); the RF signal generator being electrically connected to the at least one RF emitter for each of the plurality of PT thrusters (signal generator 26 electrically connected to treatment electrode 24, Paragraph 0037); the controller being electronically connected to the RF signal generator; and the portable power source being electrically connected to the RF signal generator (system controller 18 and power source electrically connected to the signal generator 26, Paragraph 0035).
Regarding claim 20, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, with Kleinsinger further teaching an electrical pulse generator (generator 600 for supplying electric pulses to electrodes 410, Paragraph 0108 and Figure 3); the electrical pulse generator being mounted within the housing base (Figure 3); the electrical pulse generator being electrically connected to the at least one EMS contact for each of the plurality of PT thrusters (generator 600 electrically connected to the electrodes 410, Paragraph 0108); the controller being electronically connected to the electrical pulse generator; and the portable power source being electrically connected to the electrical pulse generator (control and power devices electrically connected to generator 600, Paragraph 0119 and Figure 1).
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Peron (US 2019/0167517 A1) in view of Nebrigic et al. (US 2010/0179455 A1), Kleinsinger (US 2010/0042018 A1), Stern et al. (US 7,481,809 B2) and in further view of Cheng (5,336,159).
Regarding claim 2, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, however are silent on a plurality of infrared emitters; the plurality of infrared emitters being integrated into the proximal base face; the plurality of infrared emitters being distributed across the proximal base face; the plurality of PT thrusters being positioned amongst the plurality of infrared emitters; the controller being electronically connected to the plurality of infrared emitters; and the portable power source being electrically connected to the plurality of infrared emitters.
However, Cheng teaches a massager device (Abstract and Figure 1) comprising a plurality of reciprocating massaging elements/ percussive thrusters (massaging elements 4 reciprocated by a motor, Abstract and Figure 1), further teaching a plurality of infrared emitters (plurality of infrared emitters 32, Figure 1 and Col. 1 lines 60-61) such that the plurality of infrared emitters are integrated into a proximal base face of the housing (see infrared emitters 32 integrated into a proximal base face 21 of the housing, Figure 1), such that the plurality of infrared emitters being distributed across the proximal base face (emitters 32 distributed across plate 21, Figure 1); the plurality of PT thrusters being positioned amongst the plurality of infrared emitters (massaging elements 4 positioned amongst infrared emitters 32, Figure 1); a controller being electronically connected to the plurality of infrared emitters (circuit board 31 controls each infrared emitter 32, Col. 1 lines 63-65); and a portable power source being electrically connected to the plurality of infrared emitters (infrared emitters 32 connected to external power supply, Col. 2 lines 19-22).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that it includes a plurality of infrared emitters positioned amongst the plurality of PT thrusters, as taught by Cheng, as providing infrared treatment provides an additional means of stimulating muscles in the user’s skin (Col. 1 lines 3-6 of Cheng).
Regarding claim 13, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, however are silent on a plurality of infrared emitters; the plurality of infrared emitters being integrated into the proximal base face; the plurality of infrared emitters being distributed across the proximal base face; the plurality of PT thrusters being positioned amongst the plurality of infrared emitters; the controller being electronically connected to the plurality of infrared emitters; and the portable power source being electrically connected to the plurality of infrared emitters.
However, Cheng teaches a massager device (Abstract and Figure 1) comprising a plurality of reciprocating massaging elements/ percussive thrusters (massaging elements 4 reciprocated by a motor, Abstract and Figure 1), further teaching a plurality of infrared emitters (plurality of infrared emitters 32, Figure 1 and Col. 1 lines 60-61) such that the plurality of infrared emitters are integrated into a proximal base face of the housing (see infrared emitters 32 integrated into a proximal base face 21 of the housing, Figure 1), such that the plurality of infrared emitters being distributed across the proximal base face (emitters 32 distributed across plate 21, Figure 1); the plurality of PT thrusters being positioned amongst the plurality of infrared emitters (massaging elements 4 positioned amongst infrared emitters 32, Figure 1); a controller being electronically connected to the plurality of infrared emitters (circuit board 31 controls each infrared emitter 32, Col. 1 lines 63-65); and a portable power source being electrically connected to the plurality of infrared emitters (infrared emitters 32 connected to external power supply, Col. 2 lines 19-22).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that it includes a plurality of infrared emitters positioned amongst the plurality of PT thrusters, as taught by Cheng, as providing infrared treatment provides an additional means of stimulating muscles in the user’s skin (Col. 1 lines 3-6 of Cheng).
Claims 3-4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Peron (US 2019/0167517 A1) in view of Nebrigic et al. (US 2010/0179455 A1), Kleinsinger (US 2010/0042018 A1), Stern et al. (US 7,481,809 B2) and in further view of Schwarz et al. (US 2018/0236254 A1).
Regarding claim 3, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, however are silent wherein the housing handle comprising a first handle end, a second handle end, a proximal lateral surface, and a distal lateral surface; the proximal lateral surface and the distal lateral surface being positioned opposite to each other about the housing handle; the first handle end and the second handle end being connected onto the distal base face; the first handle end and the second handle end being positioned opposite to each other across the distal base face; the proximal lateral surface being positioned offset from the distal base face; and the proximal lateral surface being positioned in between the distal lateral surface and the distal base face.
However, Schwarz teaches a tissue treatment device (Abstract and Figure 1; hand-held applicator 13, Paragraph 0102) comprising a housing handle having a first and second handle end such that the first handle end and the second handle end being connected onto a distal base face, and the first handle end and the second handle end being positioned opposite to each other across the distal base face (see annotated Figure 4c below), a proximal lateral surface and distal lateral surface such that the proximal lateral surface and distal lateral surface are opposite each other, and the proximal lateral surface being positioned in between the distal lateral surface and the distal base face ( see annotated Figure 4c below).
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Annotated Figure 4c
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the handle comprises a first and second end, as well as proximal and lateral surfaces, as taught by Schwarz, as providing such a handle configuration may make it easier for the user to grip the handle of device while applying treatment.
Regarding claim 4, Peron in view of Nebrigic, Kleinsinger, Stern and Schwarz teach the massage and cellulite reduction device as claimed in claim 3, with Peron further teaching a user interface (see user interface of central control unit 2, Figure 2a); and the controller being electronically connected to the user interface (controller 60 electrically connected to the user interface of central control unit 2, Paragraph 0038); with Schwarz teaching the user interface being positioned in between the first handle end and the second handle end; the user interface being integrated into and along the distal lateral surface (see annotated Figure 4c provided above showing the interface buttons integrated into and along the distal lateral surface of the handle, and between the first and second handle ends).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the user interface is incorporated into the handle of the device between a first and second handle end, as further taught by Schwarz, as providing the user interface in the handle allows for the user to easily and readily make therapy selections while holding the device at the handle.
Regarding claim 14, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, however are silent wherein the housing handle comprising a first handle end, a second handle end, a proximal lateral surface, and a distal lateral surface; the proximal lateral surface and the distal lateral surface being positioned opposite to each other about the housing handle; the first handle end and the second handle end being connected onto the distal base face; the first handle end and the second handle end being positioned opposite to each other across the distal base face; the proximal lateral surface being positioned offset from the distal base face; and the proximal lateral surface being positioned in between the distal lateral surface and the distal base face.
However, Schwarz teaches a tissue treatment device (Abstract and Figure 1; hand-held applicator 13, Paragraph 0102) comprising a housing handle having a first and second handle end such that the first handle end and the second handle end being connected onto a distal base face, and the first handle end and the second handle end being positioned opposite to each other across the distal base face (see annotated Figure 4c below), a proximal lateral surface and distal lateral surface such that the proximal lateral surface and distal lateral surface are opposite each other, and the proximal lateral surface being positioned in between the distal lateral surface and the distal base face ( see annotated Figure 4c below).
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Annotated Figure 4c
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the handle comprises a first and second end, as well as proximal and lateral surfaces, as taught by Schwarz, as providing such a handle configuration may make it easier for the user to grip the handle of device while applying treatment.
Regarding claim 15, Peron in view of Nebrigic, Kleinsinger, Stern and Schwarz teach the massage and cellulite reduction device as claimed in claim 14, with Peron further teaching a user interface (see user interface of central control unit 2, Figure 2a); and the controller being electronically connected to the user interface (controller 60 electrically connected to the user interface of central control unit 2, Paragraph 0038); with Schwarz teaching the user interface being positioned in between the first handle end and the second handle end; the user interface being integrated into and along the distal lateral surface (see annotated Figure 4c provided above showing the interface buttons integrated into and along the distal lateral surface of the handle, and between the first and second handle ends).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the user interface is incorporated into the handle of the device between a first and second handle end, as further taught by Schwarz, as providing the user interface in the handle allows for the user to easily and readily make therapy selections while holding the device at the handle.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Peron (US 2019/0167517 A1) in view of Nebrigic et al. (US 2010/0179455 A1), Kleinsinger (US 2010/0042018 A1), Stern et al. (US 7,481,809 B2) and in further view of Rochel (US 2021/0307998 A1).
Regarding claim 7, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, and although Peron teaches reciprocating linear actuators 8 coupled to the plurality of massaging elements, Peron is silent on a reciprocation motor; a plurality of mechanical linkages; the reciprocation motor being mounted within the housing base; the reciprocation motor being operatively coupled to the reciprocating piston for each of the plurality of PT thrusters by a corresponding linkage from the plurality of mechanical linkages, wherein the corresponding linkage is used to convert a rotational motion of the reciprocation motor into a linear back-and-forth motion of the reciprocating piston of each of the plurality of PT thrusters; the controller being electronically connected to the reciprocation motor; and the portable power source being electrically connected to the reciprocation motor.
However, Rochel teaches a massaging device (Abstract and figure 1) comprising a reciprocating motor (motor 170, Figure 1D and Paragraph 0030), a plurality of mechanical linkages (reciprocating linkages 185, Figure 1D Paragraph 0030), a piston (piston 190, Figure 1D), the motor being mounted within a housing base (motor 170 disposed within housing 114, Figure 1D), the motor operatively coupled to the reciprocating piston by a corresponding linkage, such that the linkage is used to convert rotational motion of the motor into a linear back and forth motion of the reciprocating position (Paragraph 0030 and Figure 1D), wherein a controller and power source is electrically connected to the motor (the electric motor 170 is driven in response to an actuation of a power switch 155, Figure 1B and Paragraph 0030).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the plurality of percussive therapy thrusters are driven by reciprocating motors with corresponding linkages, as taught by Rochel, as providing such motor and linkage components are commonly used and well-known components used to convert rotational motion into linear motion.
Regarding claim 17, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, and although Peron teaches reciprocating linear actuators 8 coupled to the plurality of massaging elements, Peron is silent on a reciprocation motor; a plurality of mechanical linkages; the reciprocation motor being mounted within the housing base; the reciprocation motor being operatively coupled to the reciprocating piston for each of the plurality of PT thrusters by a corresponding linkage from the plurality of mechanical linkages, wherein the corresponding linkage is used to convert a rotational motion of the reciprocation motor into a linear back-and-forth motion of the reciprocating piston of each of the plurality of PT thrusters; the controller being electronically connected to the reciprocation motor; and the portable power source being electrically connected to the reciprocation motor.
However, Rochel teaches a massaging device (Abstract and figure 1) comprising a reciprocating motor (motor 170, Figure 1D and Paragraph 0030), a plurality of mechanical linkages (reciprocating linkages 185, Figure 1D Paragraph 0030), a piston (piston 190, Figure 1D), the motor being mounted within a housing base (motor 170 disposed within housing 114, Figure 1D), the motor operatively coupled to the reciprocating piston by a corresponding linkage, such that the linkage is used to convert rotational motion of the motor into a linear back and forth motion of the reciprocating position (Paragraph 0030 and Figure 1D), wherein a controller and power source is electrically connected to the motor (the electric motor 170 is driven in response to an actuation of a power switch 155, Figure 1B and Paragraph 0030).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that the plurality of percussive therapy thrusters are driven by reciprocating motors with corresponding linkages, as taught by Rochel, as providing such motor and linkage components are commonly used and well-known components used to convert rotational motion into linear motion.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Peron (US 2019/0167517 A1) in view of Nebrigic et al. (US 2010/0179455 A1), Kleinsinger (US 2010/0042018 A1), Stern et al. (US 7,481,809 B2) and in further view of Rosen et al. (US 2019/0365595 A1).
Regarding claim 9, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 1, however is silent on each of the plurality of PT thrusters further comprising at least one thermoelectric heat pump; the at least one thermoelectric heat pump being mounted within the reciprocating piston, adjacent to the piston contact surface; the at least one thermoelectric heat pump being in thermal communication with the piston contact surface; the controller being electronically connected to the at least one thermoelectric heat pump; and the portable power source being electrically connected to the at least one thermoelectric heat pump.
However, Rosen teaches a tissue treatment device (treatment device, Abstract and Figure 1) comprising a piston (actuator 105, Paragraphs 0035-0036 and Figure 2) as well as a thermoelectric heat pump (treatment unit 104 may include a Peltier-type thermoelectric element, Figure 2 and Paragraph 0033) such that the thermoelectric heat pump is mounted in the piston (see treatment unit 104 mounted on piston 105, Figure 2) wherein the thermoelectric heat pump is electrically connected to a controller and power source (processing unit 114 and power supply 110, Paragraph 0033).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that in includes a thermoelectric heat pump element, as taught by Rosen, as providing a thermoelectric element allows for the precise control of heating and/or cooling of the user’s skin while the device is being used, which may aid in the treatment effectiveness.
Regarding claim 18, Peron in view of Nebrigic, Kleinsinger, and Stern teach the massage and cellulite reduction device as claimed in claim 12, however is silent on each of the plurality of PT thrusters further comprising at least one thermoelectric heat pump; the at least one thermoelectric heat pump being mounted within the reciprocating piston, adjacent to the piston contact surface; the at least one thermoelectric heat pump being in thermal communication with the piston contact surface; the controller being electronically connected to the at least one thermoelectric heat pump; and the portable power source being electrically connected to the at least one thermoelectric heat pump.
However, Rosen teaches a tissue treatment device (treatment device, Abstract and Figure 1) comprising a piston (actuator 105, Paragraphs 0035-0036 and Figure 2) as well as a thermoelectric heat pump (treatment unit 104 may include a Peltier-type thermoelectric element, Figure 2 and Paragraph 0033) such that the thermoelectric heat pump is mounted in the piston (see treatment unit 104 mounted on piston 105, Figure 2) wherein the thermoelectric heat pump is electrically connected to a controller and power source (processing unit 114 and power supply 110, Paragraph 0033).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Peron’s device such that in includes a thermoelectric heat pump element, as taught by Rosen, as providing a thermoelectric element allows for the precise control of heating and/or cooling of the user’s skin while the device is being used, which may aid in the treatment effectiveness.
Conclusion
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785