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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 12, 2025 has been entered.
Response to Arguments
This action is in response to the reply filed 02/25/2026. Claims 1 and 18 are amended. Claim 19 is newly canceled. Claim 20 is new. Claims 1-3, 5, 7-18 and 20 are pending in this action.
Prior Art Rejections
Applicant's arguments filed 02/25/2026 have been fully considered but they are not persuasive.
The previously cited reference as taught by Ajiki (US 20150182747 A1 – hereinafter Ajiki) teaches the claimed invention of claim 1 as elaborated in the rejection below, including placing electrodes, specifically positive and negative electrodes fixedly attached to interpose a target muscle of the face (Ajiki figure 19; paragraph 0059 – “Each of the EMS electrodes 233 causes a weak current to flow to a muscle located between a plus (or positive) electrode surface of the EMS electrode 233 and a minus (or negative) electrode surface of the EMS electrode 233 to contract the muscle (‘muscle stimulation’)”), including to the orbicularis oculi muscle as per Ajiki paragraph 0193 (paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle, the zygomaticus muscle, and the orbicularis oris muscle”), in which the Examiner interprets the annotated figure of figure 19 to show the electrodes 413 to fixate to opposing end regions of a target muscle, or the orbicularis oculi in this case as shown and interpreted by the Examiner in the figure 19 below, therefore the first and second electrodes in figure 19 are interpretably to be fixedly-attached to portions of the skin respectively covering peripheral regions of the target muscle (orbicularis oculi), and wherein the first and second electrodes are attached to the portions of the skin that respectively cover opposing end regions of the target muscle shown below.
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Claim 1 does not expressly require the target muscle be the orbicularis oculi, however Examiner uses paragraph 0193 teaching stimulation of the orbicularis oculi, and figure 19 to teach the known technique of fixedly attaching electrodes to opposing end regions of a target muscle, or the orbicularis oculi in the instant case. Furthermore, Applicant's arguments regarding claim 1 fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant’s arguments with respect to claim 18 have been fully considered and are persuasive. The rejection of claim 18 has been withdrawn. Dependent claim 20 is further objected for the same reasons. Claims 1-3, 5, 7-17 remain rejected under 35 USC § 102/103.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, and 17 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Ajiki (US 20150182747 A1 – hereinafter Ajiki) (cited previously).
Re. claim 1, Ajiki teaches a treatment method to strengthen facial expression muscles (paragraph 0009 – “One of the possible solutions to address the issues described above is to exercise muscles by using a device for providing external stimulation to the muscles…such as by using electrical muscle stimulation (EMS) electrodes, to reduce facial sagging”), the method including:
selecting a target muscle to be strengthened among the facial expression muscles (paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle, the zygomaticus muscle, and the orbicularis oris muscle”);
fixedly attaching first and second electrodes to an outer skin of the selected target muscle to interpose the selected target muscle between the first and second electrodes (figure 19 shows a face mask 410 with electrodes 412 which are placed between target muscles of the face; paragraph 0059 – “Each of the EMS electrodes 233 causes a weak current to flow to a muscle located between a plus (or positive) electrode surface of the EMS electrode 233 and a minus (or negative) electrode surface of the EMS electrode 233 to contract the muscle (‘muscle stimulation’)”);
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and stimulating the target muscle by delivering energy to the target muscle (paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging”; paragraph 0041 – “The muscle stimulation unit 140 provides the determined muscle stimulation to the body”),
wherein the first and second electrodes are fixedly attached to portions of the skin respectively covering peripheral regions of the target muscle (paragraph 0059 – “Each of the EMS electrodes 233 causes a weak current to flow to a muscle located between a plus (or positive) electrode surface of the EMS electrode 233 and a minus (or negative) electrode surface of the EMS electrode 233 to contract the muscle ("muscle stimulation")”; figure 19 shows electrode pairs 413 covering peripheral regions of facial muscles, which for example shows at least one electrode pair covering peripheral regions of the orbicularis oculi; paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle, the zygomaticus muscle, and the orbicularis oris muscle”).
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wherein the first and second electrodes are attached to the portions of the skin that respectively cover opposing end regions of the target muscle (paragraph 0059 – “Each of the EMS electrodes 233 causes a weak current to flow to a muscle located between a plus (or positive) electrode surface of the EMS electrode 233 and a minus (or negative) electrode surface of the EMS electrode 233 to contract the muscle ("muscle stimulation")”; figure 19 shows electrode pairs 413 covering peripheral regions of facial muscles, which for example shows at least one electrode pair covering peripheral regions of the orbicularis oculi; paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle, the zygomaticus muscle, and the orbicularis oris muscle”).
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Re. claim 2, Ajiki further teaches wherein the target muscle is one of a muscle related to movement of eyebrows (paragraph 0059 – “Each of the EMS electrodes 233 causes a weak current to flow to a muscle located between a plus (or positive) electrode surface of the EMS electrode 233 and a minus (or negative) electrode surface of the EMS electrode 233 to contract the muscle ("muscle stimulation")”; paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle…”),
a muscle related to movement of corners of a mouth (figure 19 shows electrodes located in the corners of the mouth, or approximately to the risorius muscle),
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and a muscle related to movement of a tail of eyes (paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle…”).
Re. claim 17, Ajiki further teaches wherein each of the first and second electrodes is an electrical muscle stimulation (EMS) electrode (paragraph 0191 – “FIG. 19 is a diagram illustrating an example arrangement of face EMS electrodes, and corresponds to FIG. 17A”).
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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) 3, 5, 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajiki (US 20150182747 A1 – hereinafter Ajiki) in view of Morenings (US 4957480 A – hereinafter Morenings) [previously cited].
Re. claims 3, Ajiki teaches the electrodes placed in the target muscle of the eyebrow and tail of eyes (Ajiki figure 19), but does not explicitly teach the contractions of the target muscles to cause movement of the eyebrows, corners of the mouth, and tail of the eyes.
Morenings teaches a similar treatment method to strengthen facial expression muscles (Morenings abstract – “Method of toning the muscles and tissues of the human face by stimulating the motor nerves and hence cause contractions of the muscles of the human face…”) and teaches the known technique of affixing electrodes to a face (Column 8, lines 20-27: “In each of FIGS. 2 through 16, the dots 30 and 32 represent the initial positions of moistened tips of the two electrodes, and the arrows 34 illustrate the path and extent of movement of one or both moistened tips relative to a muscle 36 or to the skin of the face. If there is no arrow leading from a dot (moistened tip), then this means that that particular moistened tip remains fixed relative to the skin where initially positioned”),
wherein the stimulating of the target muscle is configured to contract the target muscle to cause at least one of the movement of the eyebrows (Morenings column 4, lines 39-42: “…the frontalis, corrugator, depressor anguli oris, depressor labii inferiores and mentalis muscles are caused to be stimulated into contraction”, the frontalis 2 shown at the forehead in figure 1),
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the movement of the corners of the mouth (Morenings column 5, lines 6-10: “…each of the temporalis, levator labii superioris, levator labii superioris nasii, zygomaticus minor, zygomaticus major, risorius, and platysma muscles are caused to be stimulated into contractions”, the risorius 18 and platysma 19 shown at the mouth corner and neck area in figure 1),
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and the movement of the tail of the eyes (Morenings column 4, lines 57-60: “...each of the orbicularis oculi, orbicularis oris and buccinator muscles are caused to be stimulated into contraction”, the orbicularis oculi 9 shown at the eye in figure 1).
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Ajiki and Morenings are within the field of facial stimulation systems. 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 the method/facial electrode placement of Ajiki to incorporate the electrode placement to the muscle related to the corner of the mouth including risorius, as taught by Morenings since such modification would predictably result in to lessen or smooth the smile line, laugh line, cheek line and jaw line (Morenings column 10, lines 27-29).
Furthermore, the recited limitations of “…wherein the stimulating of the target muscle is to contract the target muscle to cause the movement of the eyebrows, the movement of the corners of the mouth, or the movement of the tail of the eyes” are considered to comprise intended results of the stimulation and not to comprise positively recited steps of the method, see MPEP 2111.04. I. Since the combination of Ajiki and Morenings teaches facial stimulation and electrode affixation to the muscles related to movement of eyebrows, movement of corners of a mouth, and movement of a tail of eyes as stated above, this would meet all the positively recited steps of the claimed invention and thus should inherently yield any intended results unless the claims are incomplete for failing to include aspects that are essential to achieving the claimed intended results. See MPEP 2111.04. I.
Re. claim 5, the combined invention of Ajiki and Morenings (hereinafter the combined invention) further discloses wherein the forehead muscle group includes Frontalis (Ajiki paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle…”).
Re. claim 7, the combined invention further discloses wherein the muscle related to the movement of the corners of the mouth includes risorius (Morenings column 5, lines 6-10: “…each of the temporalis, levator labii superioris, levator labii superioris nasii, zygomaticus minor, zygomaticus major, risorius, and platysma muscles are caused to be stimulated into contractions”).
Re. claim 8, the combined invention further discloses wherein the muscle related to the movement of the corners of the mouth includes Platysma (Morenings column 5, lines 6-10: “…each of the temporalis, levator labii superioris, levator labii superioris nasii, zygomaticus minor, zygomaticus major, risorius, and platysma muscles are caused to be stimulated into contractions”).
Re. claim 9, the combined invention further discloses wherein the muscle related to the movement of the tail of the eyes includes orbicularis oculi (Ajiki paragraph 0193 – “Each of the face EMS electrode pairs 413 is arranged so as to stimulate any of the muscles necessary to reduce facial sagging. Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle…”).
Re. claims 10, the combined invention further discloses wherein the target muscle is a plurality of target muscles (figure 19; paragraph 0193 – “Examples of the muscles necessary to reduce facial sagging include the frontalis muscle, the corrugator supercilii muscle, the orbicularis oculi muscle, the zygomaticus muscle, and the orbicularis oris muscle”),
and wherein the stimulating of the target muscle is configured to divide the plurality of target muscles into an upper half part and a lower half part based on a horizontal line where a tip of a nose of a face is positioned (figure 19 shows the electrode placements on the face divided by dotted line to include electrodes positioned above the nose to the eyebrow and eye tail, and below the nose to the mouth corner),
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The combined invention does not explicitly teach to contract the plurality of target muscles positioned at the upper half part and the lower half part in different directions.
However, the recited limitations are considered to comprise intended results of the stimulation and not to comprise positively recited steps of the method, see MPEP 2111.04. I. Since the combination of Ajiki and Morenings teach stimulation and electrode affixation to the muscles related to movement of eyebrows, movement of corners of a mouth, and movement of a tail of eyes as stated above in claim 3, and stimulation divided to upper and lower half parts as stated above, this would meet all the positively recited steps of the claimed invention and thus should inherently yield any intended results unless the claims are incomplete for failing to include aspects that are essential to achieving the claimed intended results. See MPEP 2111.04. I.
Re. claims 11, the combined invention further teaches wherein the plurality of target muscles include a first target muscle positioned at the upper half part (Ajiki figure 19; Morenings figure 13),
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The combined invention further teaches contraction of the upper target muscles (Morenings column 4, lines 39-42: “…the frontalis, corrugator, depressor anguli oris, depressor labii inferiores and mentalis muscles are caused to be stimulated into contraction”; column 4, lines 57-60: “...each of the orbicularis oculi, orbicularis oris and buccinator muscles are caused to be stimulated into contraction”).
The combined invention does not explicitly teach wherein the stimulating of the target muscle is configured to contract the target muscle of the upper half part upward from the horizontal line.
However, the recited limitations are considered to comprise intended results of the stimulation and not to comprise positively recited steps of the method, see MPEP 2111.04. I. Since the combination of Ajiki and Morenings teach stimulation and electrode affixation to the muscles related to movement of eyebrows and movement of a tail of eyes and their contractions as stated above, this would meet all the positively recited steps of the claimed invention and thus should inherently yield any intended results unless the claims are incomplete for failing to include aspects that are essential to achieving the claimed intended results. See MPEP 2111.01. I.
Re. claim 12, the combined invention further teaches wherein the plurality of target muscles further include a second target muscle positioned at the lower half part (Ajiki figure 19; Morenings figure 13),
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The combined invention further teaches contraction of the lower target muscles (Morenings column 5, lines 6-10: “…each of the temporalis, levator labii superioris, levator labii superioris nasii, zygomaticus minor, zygomaticus major, risorius, and platysma muscles are caused to be stimulated into contractions”).
The combined invention does not explicitly teach wherein the stimulating of the target muscle is configured to contract the second target muscle of the lower half part downward from the horizontal line.
However, the recited limitations are considered to comprise intended results of the stimulation and not to comprise positively recited steps of the method, see MPEP 2111.04. I. Since the combination of Ajiki and Morenings teach stimulation and electrode affixation to the muscles related to movement of the corner of the mouth and its contraction as stated above, this would meet all the positively recited steps of the claimed invention and thus should inherently yield any intended results unless the claims are incomplete for failing to include aspects that are essential to achieving the claimed intended results. See MPEP 2111.01. I.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajiki (US 20150182747 A1 – hereinafter Ajiki) in view of Morenings (US 4957480 A – hereinafter Morenings) [previously cited], and in further view of Northrop (US 20030045922 A1 – hereinafter Northrop) .
Re. claim 13, the combined invention of Ajiki and Morenings (hereinafter the combined invention) teaches delivering stimulation to an upper half and a lower half part (Ajiki figure 19 and Morenings figure 13 show stimulation electrodes placed on upper and lower half parts).
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The combined invention does not explicitly teach wherein the stimulating of the target muscle is performed with first intensity of stimulation for the first target muscle and second intensity of stimulation for the second target muscle, the second intensity different from the first intensity.
Northrop teaches a similar system/method for facial stimulation (Northop abstract – “A method of treating the face includes positioning electrode pairs so as to stimulate predetermined nerves on a first side and a second side of the face and alternately stimulating a first pair and a second pair of the electrode pairs”; figure 2).
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Northop further teaches muscle stimulation of first and second halves of a face using electrode pairs (Northrop paragraph 0006 – “In one aspect of the present invention, a method of treating the nerves, muscles, and/or skin of the face comprises positioning electrode pairs so as to stimulate predetermined nerves on a first side and a second side of the face and alternately stimulating a first pair and a second pair of the electrode pairs”),
and further teaches delivering stimulation to a target muscle performed with first intensity of stimulation for the first target muscle at one half of the face, and delivering second intensity of stimulation for the second target muscle at the other half of the face, the second intensity different from the first intensity (Northrop paragraph 0056 – “In the programming mode, a dermatologist, technician or other professional can program the amplitude of the current utilized for each of the electrode pairs…”; paragraph 0057 “Thus, the memory 63 stores amplitude values for each of the electrode pairs on each of the left and right sides of the user's face…After all the amplitude values are stored the apparatus 10 may be switched to the treatment mode”).
The combined invention and Northrop all teach within the field of facial stimulation systems, particularly with delivering stimulation to two halves of the face. The combined invention teaches facial stimulation of upper and lower halves of the face (Ajiki figure 19 and Morenings figure 13 show stimulation electrodes placed on upper and lower half parts), while Northrop teaches stimulation of the left and right sides of the face using different stimulation amplitudes for each electrode pair as stated above. 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 the system/method of the combined invention, specifically the upper and lower face half stimulation, to incorporate the known technique of using different stimulation amplitudes for each halves of the face as taught by Northrop, since such modification would predictably result in, for example, “improving facial contour and diminishing fine lines and wrinkles by electrical stimulation of the nerves, muscles and/or skin of the face” (Northrop paragraph 0001).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajiki (US 20150182747 A1 – hereinafter Ajiki) in view of Morenings (US 4957480 A – hereinafter Morenings) [previously cited] and in further view of Jongju (US 20180236226 A1 – hereinafter Jongju) [previously cited].
Re. claim 14, the combined invention of Ajiki and Morenings (hereinafter the combined invention) teaches an electrode pair with the target muscle interposed therebetween (Ajiki figure 19 shows a face mask 410 with electrodes 412 which are placed between target muscles; paragraph 0059 – “Each of the EMS electrodes 233 causes a weak current to flow to a muscle located between a plus (or positive) electrode surface of the EMS electrode 233 and a minus (or negative) electrode surface of the EMS electrode 233 to contract the muscle ("muscle stimulation")”).
The combined invention however does not explicitly teach wherein the first and second electrodes are a monopolar electrode pair with the target muscle interposed therebetween.
Jongju teaches a similar stimulation system for treating vessel in skin (Jongju abstract), particularly facial skin (Jongju figures 8-12),
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with an electrode pair 153 positioned to interpose a target tissue 300 on the skin 200 (Jongju figure 3; paragraph 0057 – “As shown in the figures, no thermal damage occurs in skin tissue between the two electrodes (153) in regions A (area around the electrodes), except for area surrounding the target vessel (300) in region B due to application of energy to electrodes (153) via system (100)”).
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Jongju further teaches monopolar stimulation delivered to the electrodes 153 can be made with a monopolar electrode pair via the system 100 (Jongju paragraph 0074 – “…electrical signals may be delivered to the skin in a monopolar mode via system 100, consisting of an active electrode with negative polarity and a ground electrode with positive polarity, or in a bipolar mode, in which both electrodes 153 are active. In the monopolar mode, an electrical circuit may be formed wherein electric current (electrons) flows from the active electrode through the patient's body to the ground electrode”), which would create the monopolar electrode pair to the electrodes 153 via an active electrode and a ground electrode.
Since the combined invention and Jongju are all within the field of facial/skin stimulation systems, and Jongju teaches the known technique of monopolar electrode pairs for stimulating the face, 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 electrodes of the combined invention to incorporate the known technique of using monopolar electrode pairs as taught by Jongju since such modification would predictably result in stimulating larger and broader target areas in the face.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajiki (US 20150182747 A1 – hereinafter Ajiki) in view of Axelgaard (US 20130211488 A1 – hereinafter Axelgaard) (cited previously).
Re. claim 15, Ajiki teaches the EMS electrodes placed on the face for stimulation (Ajiki figure 19).
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Ajiki does not explicitly teach the first electrode is included in a plurality of electrodes of a first electrode pad, and the second electrode is included in a plurality of electrodes of the second electrode pad, and wherein the plurality of electrodes in each of the first and second electrode pads are separated from each other by a plurality of oblique lines and a plurality of dividing lines each having a sinusoidal wave shape.
Axelgaard teaches a similar transcutaneous muscle stimulation system for a user’s body (Axelgaard abstract) comprising an electrode pad 54, with slave electrodes 56, 58 which provide stimulation to a user’s body (Axelgaard paragraph 0038 – “FIGS. 4 and 5, two slave electrodes 56, 58 are provided illustrating various arrays of grid patterns suitable for use for providing transcutaneous nerve and/or muscle stimulation to a user's body “). Figure 5 further shows the electrode 58 with a plurality of straight vertical lines, and a plurality of dividing lines each having a sinusoidal wave shape to create a curved grid of electrodes (Axelgaard figure 5).
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Axelgaard teaches the straight vertical lines in electrode 58 as stated above, but does not explicitly teach wherein the plurality of electrodes in each of the first and second electrode pads are separated from each other by a plurality of oblique lines. However, it is reminded that the configuration/shape of the electrodes would be considered “…a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container [is] significant”, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), see MPEP 2144.04. IV. B. Changes in Shape. In the instant case, changing the vertical lines of Axelgaard’s electrode 58 to slanted oblique lines would not change the operation of the electrode 58 in delivering electrical stimulation to a target muscle, and would not result in distinct products since the reference product (Axelgaard figure 5) and the instant claim (shown in Applicant’s figure 21A) are both sinusoidal gridded electrodes, see MPEP 2144.04. I. AESTHETIC DESIGN CHANGES.
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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 the straight vertical lines of the gridded electrode 58 as taught by Axelgaard to incorporate/try oblique or slanted vertical lines since such modification would still predictably result in providing transcutaneous nerve and/or muscle stimulation to a user's body (Axelgaard paragraph 0038).
Ajiki and Axelgaard all teach electrical stimulation systems on a patient’s skin/body. 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 the electrodes of Ajiki to incorporate the sinusoidal electrode configuration as taught by Axelgaard (with oblique vertical lines) since such modification would predictably result in providing transcutaneous nerve and/or muscle stimulation to a user's body (Axelgaard paragraph 0038).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajiki (US 20150182747 A1 – hereinafter Ajiki) in view of Anderson (US 20070150007 A1 - hereinafter Anderson) [previously cited].
Re. claim 16, Ajiki teaches the EMS electrodes placed on the face for stimulation (Ajiki figure 19).
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Ajiki does not explicitly teach wherein the first electrode is included in a plurality of electrodes of a first electrode pad, and the second electrode is included in a plurality of electrodes of the second electrode pad, and wherein the plurality of electrodes in each of the first and second electrode pads are separated from each other by a plurality of concentric circles and a plurality of dividing lines each extending in a radial direction.
Anderson teaches a similar muscle stimulation system (Anderson paragraph 0050) comprising a lead (Anderson figure 1) further comprising an array body 104 with a plurality of electrodes 154 concentrically arranged on an electrode array body/pad 104, shown in figure 5, where the plurality of electrodes 154 in each of the first and second electrode pads are separated from each other by a plurality of concentric circles and a plurality of dividing lines each extending in a radial direction (shown as annotated in Anderson figure 5 below).
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Since Ajiki and Anderson are within the field of electrical stimulation systems, 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 electrodes of Ajiki, to incorporate the electrode pad configuration as taught by Anderson, since such modification would predictably result in providing different electrode coverage areas than a linear arrangement of the same electrodes to stimulate a desired target tissue area (Anderson paragraph 0023 – “For example, the electrode coverage area of concentrically arranged electrodes may provide a different electrode coverage area than a linear arrangement of the same electrodes, which may be desirable depending, for example, on the tissue to be stimulated”).
Allowable Subject Matter
Claims 18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not anticipate and/or render obvious to claim 18 in its entirety, including to at least the EMS electrode including a plurality of electrodes that are respectively disposed in sections divided by a plurality of first lines and a plurality of second lines, wherein the second lines are annular paths surrounding a center area of the EMS electrode, wherein the first lines each form a path extending from a periphery of the center area of the EMS electrode to an edge of the EMS electrode, and a space between an adjacent pair of the first lines increases in a direction away from the center area of the EMS. Dependent claim 20 is further objected to for the same reasons. Claims 1-3, 5, 7-17 remain rejected under 35 USC § 102/103.
Previously cited Hackler (US 20130035731 A1), is considered the best prior art to teach claim 18, which teaches in figure 2D, a similar gridded electrode pattern including annular paths surrounding a center area, and a space between an adjacent pair of the first lines increases in a direction away from the center area of the EMS, but does not include first lines each form a path extending from a periphery of the center area of the EMS electrode to an edge of the EMS electrode.
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Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh-Khoa N. Dinh whose telephone number is (571)272-7041. The examiner can normally be reached Mon-Fri 7:00am-4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CARL LAYNO can be reached on 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH-KHOA N DINH/Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796