DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the filing on 10/28/2025. Since the previous filing, claims 1 and 3-6 have been amended, claims 2 and 7-17 have been cancelled and no claims have been added. Thus, claims 1 and 3-6 are pending in the application.
In regards to the previous 102 and 103 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn with new rejections entered below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramanan (US 2021/0251842).
In regards to claim 1, Ramanan discloses a gas-type massage apparatus to administer a massage to a human body using a high-pressure gas (compression therapy system 1000), wherein the gas-type massage apparatus comprises: wherein the gas-type massage device has a plurality of gas chambers (paragraph 189 and paragraph 257), and a gas supply/discharge system to supply a high-pressure gas to the plurality of gas chambers of the gas-type massage device and discharge a high-pressure gas from the plurality of gas chambers (compression pressure generator (CPG) device 1002, paragraph 110 and 115), wherein the gas-type massage device is configured to be fitted to at least one part of upper limbs (Fig 12A and 12B) of the human body along an axial direction in which the one part extends so as to surround the one part in a peripheral direction to administer a massage to the human body using the high-pressure gas (paragraph 196), each of the plurality of gas chambers can receive and discharge a high-pressure gas to expand and contract mutually independently (paragraph 178 and 189 and 257), wherein the plurality of gas chambers comprises a first gas chamber group and a second gas chamber group configured to be provided at the at least one part of the upper limbs of the human body so as to be mutually adjacent in the axial direction (Fig 12A and 12B), wherein the first gas chamber group comprises a first gas chamber of the first group and a second gas chamber of first group along the peripheral direction (paragraph 205-207, Fig 13A), the first gas chamber of the first group and the second gas chamber of the first group being capable of expanding and contracting mutually independently (paragraph 178, 189 and 257), wherein the second gas chamber group comprises a first gas chamber of the second group and a second gas chamber of the second group along the peripheral direction (Fig 13A), the first gas chamber of the second group and the second gas chamber of the second group being capable of expanding and contracting mutually independently (paragraph 178, 189 and 257), the first gas chamber of first group and the first gas chamber of second group are provided so as to be mutually adjacent in the axial direction, and the second gas chamber of first group and the second gas chamber of second group are provided so as to be mutually adjacent in the axial direction (Fig 13A), wherein the gas supply/discharge system is configured to supply a high-pressure gas to the plurality of gas chambers (paragraph 110 and 115).
While Ramanan does not explicitly disclose wherein the gas supply/discharge system is configured to supply the high-pressure gas to the first gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the second group, and the second gas chamber of the second group in that order, or to the second gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the second group, and the first gas chamber of the second group in that order, it does teach wherein the activation order of the chambers may be adjusted or controlled to provide the desired force vectors and compression progress along the limb (paragraph 178 and 189).
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 Ramanan wherein the gas supply/discharge system is configured to supply the high-pressure gas to the first gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the second group, and the second gas chamber of the second group in that order, or to the second gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the second group, and the first gas chamber of the second group in that order as this would provide a specific therapeutic application of pressure to the limb of the user as would best suit their needs.
In regard to claim 4, Ramanan teaches the device of claim 1 and Ramanan further teaches wherein the gas-type massage device has a shape following at least a part of arms of the human body, and wherein the gas-type massage device is configured such that, when the gas-type massage device is fitted to the arms of the human body, the first gas chamber of the first group is positioned at a position corresponding to an anterior side of a forearm of the human body, the second gas chamber of the first group is positioned at a position corresponding to a posterior side of the forearm of the human body, the first gas chamber of the second group is positioned at a position corresponding to the anterior side of the upper arm of the human body, and the second gas chamber of the second group is positioned at a position corresponding to a posterior side of the upper arm of the human body (paragraph 204-206, Fig 13A-D).
In regards to claim 5, Ramanan discloses the device of claim 1 and Ramanan further teaches wherein the first gas chamber group further comprises a third gas chamber of the first group between the first gas chamber of the first group and the second gas chamber of the first group along the peripheral direction, the second gas chamber group further has a third gas chamber of the second group between the first gas chamber of the second group and the second gas chamber of the second group along the peripheral direction, and the third gas chamber of the first group and the third gas chamber of the second group are provided so as to be mutually adjacent in the axial direction (Fig 13A).
While Ramanan does not explicitly disclose wherein the gas supply/discharge system is configured to supply the high-pressure gas to the third gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the first group, the third gas chamber of the second group, the first gas chamber of the second group, the second gas chamber of the second group in that order, or to the third gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the first group, the third gas chamber of the second group, the second gas chamber of the second group, the first gas chamber of the second group in that order, it does teach wherein the activation order of the chambers may be adjusted or controlled to provide the desired force vectors and compression progress along the limb (paragraph 178 and 189 and 251).
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 Ramanan wherein the gas supply/discharge system is configured to supply the high-pressure gas to the third gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the first group, the third gas chamber of the second group, the first gas chamber of the second group, the second gas chamber of the second group in that order, or to the third gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the first group, the third gas chamber of the second group, the second gas chamber of the second group, the first gas chamber of the second group in that order as this would provide a specific therapeutic application of pressure to the limb of the user as would best suit their needs.
Claim(s) 1, 3, 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramanan (US 2021/0251842).
In regards to claim 1, Ramanan discloses a gas-type massage apparatus to administer a massage to a human body using a high-pressure gas (compression therapy system 1000), wherein the gas-type massage apparatus comprises: wherein the gas-type massage device has a plurality of gas chambers (paragraph 178 and paragraph 257), and a gas supply/discharge system to supply a high-pressure gas to the plurality of gas chambers of the gas-type massage device and discharge a high-pressure gas from the plurality of gas chambers (compression pressure generator (CPG) device 1002, paragraph 110 and 115), wherein the gas-type massage device to be fitted to at least one part of lower limbs (Fig 56A and 56B) of the human body along an axial direction in which the one part extends so as to surround the one part in a peripheral direction to administer a massage to the human body using a high-pressure gas (paragraph 196), each of the plurality of gas chambers can receive and discharge a high-pressure gas to expand and contract mutually independently (paragraph 189 and 251-253, 257), the plurality of gas chambers comprise a first gas chamber group and a second gas chamber group being provided so as to be mutually adjacent in the axial direction (Fig 56A and 56B).
While Ramanan does not explicitly teach wherein the first gas chamber group comprises a first gas chamber of a first group and a second gas chamber of the first group along the peripheral direction and wherein the second gas chamber group comprises a first gas chamber of a second group and a second gas chamber of the second group along the peripheral direction with respect to the lower limbs, it does teach it with respect to the upper limbs (paragraph 205-207, Fig 13B-13D) and that details pertaining to one embodiment may be applied to another (paragraph 341-342).
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 Ramanan wherein the first gas chamber group comprises a first gas chamber of a first group and a second gas chamber of the first group along the peripheral direction and wherein the second gas chamber group comprises a first gas chamber of a second group and a second gas chamber of the second group along the peripheral direction with respect to the lower limbs as this would allow a more precise application of pressure to the lower limb of the user.
Further, while Ramanan does not explicitly disclose wherein the gas supply/discharge system is configured to supply the high-pressure gas to the first gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the second group, and the second gas chamber of the second group in that order, or to the second gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the second group, and the first gas chamber of the second group in that order, it does teach wherein the activation order of the chambers may be adjusted or controlled to provide the desired force vectors and compression progress along the limb (paragraph 189, 248 and 251-253, 257).
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 Ramanan wherein the gas supply/discharge system is configured to supply the high-pressure gas to the first gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the second group, and the second gas chamber of the second group in that order, or to the second gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the second group, and the first gas chamber of the second group in that order as this would provide a specific therapeutic application of pressure to the limb of the user as would best suit their needs.
In regards to claim 3, Ramanan teaches the device of claim 2 and Raman further teaches wherein the gas-type massage device has a shape following at least a part of legs of the human body (Fig 56A).
While Ramanan does not explicitly teach wherein the gas-type massage device is configured such that, when the gas-type massage device is fitted to the legs of the human body, the first gas chamber of the first group is positioned at a position corresponding to an outer side of a lower thigh of the human body, a second gas chamber of the first group is positioned at a position corresponding to an inner side of the lower thigh of the human body, the first gas chamber of the second group is positioned at a position corresponding to an outer side of an upper thigh of the human body, and the second gas chamber of the second group is positioned at a position corresponding to an inner side of the upper thigh of the human body, it does teach differing chamber configurations in the peripheral direction with respect to the upper limbs for a target application of pressure to a limb (paragraph 204-206) and that aligning chambers with key points on the body including those on the inner and outer thigh (paragraph 216). 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 Ramanan wherein the gas-type massage device is configured such that, when the gas-type massage device is fitted to the legs of the human body, a first gas chamber of first group is positioned at a position corresponding to an outer side of the lower thigh of the human body, a second gas chamber of first group is positioned at a position corresponding to an inner side of the lower thigh of the human body, a first gas chamber of second group is positioned at a position corresponding to an outer side of the upper thigh of the human body, and a second gas chamber of second group is positioned at a position corresponding to an inner side of the upper thigh of the human body as this would allow the device to precisely apply pressure to the areas of the body as desired.
In regards to claim 5, Ramanan teaches the device of claim 1 and Ramanan further teaches wherein the first gas chamber group further comprises a third gas chamber of the first group between the first gas chamber of the first group and the second gas chamber of the first group along the peripheral direction, the second gas chamber group further comprises a third gas chamber of the second group between the first gas chamber of the second group and the second gas chamber of the second group along the peripheral direction, wherein the third gas chamber of the first group and the third gas chamber of the second group are provided so as to be mutually adjacent in the axial direction (Fig 56A).
While Ramanan does not explicitly disclose wherein the gas supply/discharge system is configured to supply the high-pressure gas to the third gas chamber of the first group, the first gas chamber of the first group, the second gas chamber of the first group, the third gas chamber of the second group, the first gas chamber of the second group, the second gas chamber of the second group in that order, or to the third gas chamber of the first group, the second gas chamber of the first group, the first gas chamber of the first group, the third gas chamber of the second group, the second gas chamber of the second group, the first gas chamber of the second group in that order, it does teach wherein the activation order of the chambers may be adjusted or controlled to provide the desired force vectors and compression progress along the limb (paragraph 178 and 189 and 251-253).
In regards to claim 6, Ramanan teaches the device of claim 5 and Ramanan further teaches wherein the gas-type massage device has a shape following at least a part of legs of the human body (Fig 56A).
While Ramanan does not explicitly teach wherein the gas-type massage device is configured such that, when the gas-type massage device is fitted to the legs of the human body, the first gas chamber of the first group is positioned at a position corresponding to an outer side of a lower thigh of the human body, the second gas chamber of the first group is positioned at a position corresponding to an inner side of the lower thigh of the human body, the third gas chamber of the first group is positioned at a position corresponding to a backside of the lower thigh of the human body, the first gas chamber of the second group is positioned at a position corresponding to an outer side of an upper thigh of the human body, the second gas chamber of the second group is positioned at a position corresponding to an inner side of the upper thigh of the human body, and the third gas chamber of the second group is positioned at a position corresponding to a backside of the upper thigh of the human body, it does teach differing chamber configurations in the peripheral direction with respect to the upper limbs for a target application of pressure to a limb (paragraph 204-206) and that aligning chambers with key points on the body including those on the inner and outer thigh (paragraph 216). 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 Ramanan wherein the gas-type massage device is configured such that, when the gas-type massage device is fitted to the legs of the human body, the first gas chamber of first group is positioned at a position corresponding to an outer side of the lower thigh of the human body, the second gas chamber of first group is positioned at a position corresponding to an inner side of the lower thigh of the human body, the third gas chamber of first group is positioned at a position corresponding to a backside of the lower thigh of the human body, the first gas chamber of second group is positioned at a position corresponding to an outer side of the upper thigh of the human body, the second gas chamber of second group is positioned at a position corresponding to an inner side of the upper thigh of the human body, and the third gas chamber of second group is positioned at a position corresponding to a backside of the upper thigh of the human body as this would allow the device to precisely apply pressure to the areas of the body as desired.
Response to Arguments
In regards to the arguments concerning the independent claim, these arguments are not persuasive. Arguments in regards to the new limitations are addressed in the new rejections entered above. Further, Applicant argues that Ramanan does not teach the various chambers being expanded and contracted mutually independently or in a particular order. Examiner disagrees. As seen in the rejections above, Ramanan teaches individual control over the chambers for the purpose of precisely controlling the pattern of the chambers being expanded or contracted. While Applicant correctly points out that Ramanan describes passive valves in several embodiments, Examiner notes that Ramanan also discusses active and passive valves both, often in alternative terms wherein either may be used. Therefore, Ramanan does teach individual and independent control over expansion/contraction of individual chambers.
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 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 Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785