DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Examiner submits that after further review of the prior art, the allowability of claims 1-5 is withdrawn in view of the teachings of Stellar et al. (US 2006/0224210). As a result, this action is made non-final. See rejections below.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Pal (US 2018/0333574) in view Stellar et al. (US 2006/0224210) (hereinafter Stellar), further in view of Li et al. (US 2001/0008974) (hereinafter Li).
Regarding claim 1, Pal discloses a device for relieving itching in a subject in need (Abstract; para. 11, 3rd sentence), said device comprising: a small housing body having a size and shape adapted to be held with hand (Figs. 1-5 all show embodiments of portable stimulator small enough to be held in hand); a skin contact surface having two or more electrodes on said surface (Fig. 4D, skin contact substrate 4281 with electrodes 4207 and 4209; para. 130); circuit means for generating pulsed electrical stimulation signals of selected amplitude and pulse rate at a selected frequency and delivering the electrical stimulation signals to the electrodes (Fig. 5, neuromodulation controller 504, current control circuitry 506; para. 17 describes modifying parameters such as amplitude and pulse rate between 250 Hz and 40 KHz).
Pal does not disclose two skin contact surfaces having different size located directly on said small housing body; two or more electrodes are on each said skin contact surface; heating means that can maintain the skin contact surface between 40-50 degrees Celsius.
Stellar, however, teaches an apparatus for stimulating muscles (Abstract) including two skin contact surfaces having different size located directly on a small housing body (Fig. 3 shows handheld device 10 with two different size skin contact surfaces at electrodes 18, 20; para. 23: “A first electrode 18 is mounted on the first end 14 of the housing 12, while a second electrode 20 is mounted on the second end 16 of the housing 12”; Abstract: “One of the electrodes has a relatively small contact area for targeting smaller muscles or muscle groups, while the other electrode has a relatively large contact area for targeting larger muscles or muscle groups”).
Taking into account Pal’s disclosure of two or more electrodes on a skin contact surface for treating itching, and Stellar’s disclosure of two skin contact surfaces having different size for targeting smaller and larger muscles or muscle groups as evidenced above, Examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Pal to include two skin contact surfaces having different size located directly on said small housing body; two or more electrodes are on each said skin contact surface. Making this modification would be useful for treating larger or smaller areas of tissue, as suggested by Stellar.
Furthermore, Li teaches a handheld apparatus for treatment of skin itch including heating means that can maintain the skin contact surface between 40-50 degrees Celsius (Abstract: “An apparatus and method that is effective for the treatment of skin itch and skin rash is disclosed. The apparatus is contained within a body which can be easily manipulated with one hand, and which is powered by a self-contained battery. Also contained within the body is a heating means… The temperature used depends upon the nature of skin discomfort, but is generally in the range between 49-62 degree C”; see Fig. 1 for depiction of handheld device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Pal to include heating means that can maintain the skin contact surface between 40-50 degrees Celsius. Making this modification would be useful for providing effective treatment of skin itch, as taught by Li.
Regarding claim 2, Pal discloses the frequency is between 5 Hz and 300 Hz (para. 17).
Regarding claim 3, Pal discloses the circuit means can deliver the pulse with voltage between 10 and 60 volts to the electrodes (para. 210).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over modified Pal in view of Salamone et al. (US 2016/0101166) (hereinafter Salamone).
Regarding claim 4, modified Pal does not teach a light stimulation means.
Salamone, however, teaches that a wide variety of treatment modalities for pruritus (itching) are reported, including UV-based phototherapy. These treatments are effective in pruritic conditions of a particular etiology, while others may show general but nonspecific benefit (para. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Pal to include a light stimulation means by including UV-based phototherapy to provide an effective treatment modality for pruritus, as taught by Salamone.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Pal in view of Baxter et al. (US 2013/0197409) (hereinafter Baxter).
Regarding claim 5, modified Pal does not teach a vibration stimulation means.
Baxter, however, teaches a device comprising a vibration source (Abstract) for irritation sensation control such as itching (para. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Pal to include a vibration stimulation means for irritation sensation control such as itching, as taught by Baxter.
Conclusion
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/A.A.G./Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796