Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This office action is in response to the amendment filed on 2/02/2026. As directed by the
amendment, claims 10-17 have been amended, and no claims have been canceled.
Thus, claims 1-18 are pending in this application
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“adjustment devices”: (claim 8, ln. 1-2)
“Output interface”: (claim 2, ln. 3; claim 11, ln. 4)
A review of the specification appears to show a sufficient structure for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation(s):
“adjustment devices”: “The straps 26 may be made of elastic materials, and the adjustment devices 27 may be used in conjunction with the straps 26 to make the therapeutic device main body 1 adaptable to different head circumferences” (SPEC., para. 45); Fig. 1, drawing shows structure of adjustment device 27
“Output interface”: “An output interface 11, as shown in FIG. 5, that is compatible with the electrode connection wire 4” (SPEC., para. 37); Fig. 1, drawing shows structure of output interface 11 adapted to electrode connection wire
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The following limitations are not interpreted under 35 USC 112(f) because the claims recite sufficient structure:
“light transmitting component“: (claim 1, ln. 7; claim 1, ln. 8; claim 1, ln. 9; claim 10, ln. 8; claim 10, ln. 9; claim 10, ln. 12) is accompanied by the structure of a “columnar structure” (claim 1, ln. 9; claim 10 ln. 13).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 1, 9-10, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2022/056340 A1), in view of Dar et al. (WO 2017130133 A1), and further in view of MacKenzie(2022/0184413 A1)
Regarding claim 1, Wang discloses a device for improving brain function(Found in Wang pg. 1 line 28)which includes a therapeutic device main body (See in Wang Fig. 18-19), green light emitting diode (LED) lights (Found in Wang pg. 29 line 948-953, The light stimulation can be green light using LEDs, See in Wang Fig. 19A), a light transmitting component placed inside the therapeutic device main body (Found in Wang pg. 30 line 955-957, The eye facing surface 32 has many small holes to allow light from LED underneath to pass through to reach the eye. It can also be a transparent window to allow light to pass or a small hole with a diverging lens to allow light to irradiate a larger area after it pass the diverging lens, See in Wang Fig. 19A-19B, eye facing surface 32), wherein the green LED lights pass through the light transmitting component in the form of a columnar structure (Wang, pg. 30 ln. 956-957, the eye facing surface 32 can have a small hole with a diverging lens acting as a columnar structure for the green led light to pass through), a fixed therapeutic electrode placed on an upper inner side of the therapeutic device main body(Found in Wang pg. 30 line 957-958, electrodes can be incorporated into the device to stimulate the areas around the eyes), a lithium battery that supplies power to the therapeutic device main body (Found in Pg. 30 line 979-980, portable rechargeable battery to power the electric circuits), but is silent on the electrodes being pads;
However, Dar et al. teaches a migraine treatment system which has an electrode system(130)(Found in Dar et pg. 22 para. 4, adapted to be located at the supraorbital region of the head, See in Dar et al. Fig. 1B, electrode system 130) which includes an electrode pad(See in Dar et al. Fig. 6B, Electrode pad 246).
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 Wang device with the padded electrode from Dar to create a migraine treatment device that holds a variety of electrodes in a desired location.
The modified Wang device is silent on a green light emitting board placed inside the therapeutic device main body wherein the light transmitting component is adapted to the green light emitting board, and the (LED) lights being evenly arranged on both sides of the green light emitting board;
However, MacKenzie teaches a migraine treatment device which includes a green light emitting board(25)(Found in MacKenzie para. 17 line 1-8,LED array 25 of the lighting arrangement 10 may be configured to produce green light spectrum, See in Fig. 1, LED array 25), wherein the light emitting diode (LED) lights are evenly arranged on both sides of the green light emitting board (See in Fig. 1, LED array 25 appears to have an even distribution of LEDs on either side).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the Wang device with the array board from MacKenzie and the green light taught to create a treatment device offering more programable levels of LED light intensity.
Regarding claim 9, the modified Wang device discloses the migraine treatment device of claim 1, wherein the therapeutic device main body has a structure of an eye mask (Found in Wang pg. 29 line 947, device having eye mask configuration, See in Wang Fig. 18, 19a,19b).
Regarding claim 10, Wang discloses a method for controlling a migraine treatment device (Found in Wang pg. 1 line 28), comprising: controlling a therapeutic device main body (See in Wang Fig. 18-19), green light emitting diode (LED) lights placed inside the therapeutic device main body (Found in Wang pg. 29 line 948-953, The light stimulation can be green light using LEDs, See in Wang Fig. 19A), and a light transmitting component placed inside the therapeutic device main body (Found in Wang pg. 30 line 955-957, The eye facing surface 32 has many small holes to allow light from LED underneath to pass through to reach the eye. It can also be a transparent window to allow light to pass or a small hole with a diverging lens to allow light to irradiate a larger area after it pass the diverging lens, See in Wang Fig. 19A-19B, eye facing surface 32), emitting the green LED lights that pass through the light transmitting component in the form of a columnar structure (Wang, pg. 30 ln. 956-957, the eye facing surface 32 can have a small hole with a diverging lens acting as a columnar structure for the green led light to pass through), wherein a fixed therapeutic electrode placed on an upper inner side of the therapeutic device main body (Found in Wang pg. 30 line 957-958, electrodes can be incorporated into the device to stimulate the areas around the eyes), supplying power to the therapeutic device main body through lithium battery (Found in Pg. 30 line 979-980, portable rechargeable battery to power the electric circuits), but is silent on the placed electrodes being pads.
However, Dar et al. teaches a migraine treatment system which has an electrode system(130)(Found in Dar et pg. 22 para. 4, adapted to be located at the supraorbital region of the head, See in Dar et al. Fig. 1B, electrode system 130) which includes an electrode pad(See in Dar et al. Fig. 6B, Electrode pad 246).
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 Wang device with the padded electrode from Dar to create a migraine treatment device that holds a variety of electrodes in a desired location.
The modified Wang device is silent on a green light emitting board placed inside the therapeutic device main body, wherein the light transmitting component is adapted to the green light emitting board, and the (LED) lights being evenly arranged on both sides of the green light emitting board;
However, MacKenzie teaches a migraine treatment device which includes a green light emitting board(25)(Found in MacKenzie para. 17 line 1-8,LED array 25 of the lighting arrangement 10 may be configured to produce green light spectrum, See in Fig. 1, LED array 25), wherein the light emitting diode (LED) lights are evenly arranged on both sides of the green light emitting board (See in Fig. 1, LED array 25 appears to have an even distribution of LEDs on either side).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the Wang deviceto include the array board from MacKenzie to create a treatment device offering more programable levels of LED light intensity.
Regarding claim 18, the modified Wang device discloses the method of claim 10, wherein the therapeutic device main body has a structure of an eye mask (Found in Wang pg. 29 line 947, device having eye mask configuration, See in Wang Fig. 18, 19a,19b).
7. Claim(s) 2 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang( WO 2022/056340 A1) in view of Dar et al.(WO 2017130133 A1), in view of MacKenzie(WO 2022/0184413 A1), and further in view of Gill et al.(WO 2022221644 A2)
Regarding claim 2, the modified Wang device discloses the migraine treatment device of claim 1, further comprising: a moveable therapeutic electrode(As found in Wang pg. 30 line 959-961, two or more external electrodes can be attached to the device main body with flexible wire to provide stimulation to skin, See in Wang Fig. 19b, electrode), wherein an electrode connection wire is connected to the movable therapeutic electrode pad(As found in Wang pg. 30 line 960-961,flexible wire to provide stimulation to skin, See in Wang Fig. 19b, wire), Wang’s external electrodes appear to be pads(See in Wang Fig. 19b, electrode), but is silent on the external electrodes explicitly being pads.
However, Dar et al. teaches an electrode pad (See in Dar et al. Fig. 6B, Electrode pad 246).
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 external electrodes of Wang with the electrode pad structure of Dar et al. to that create holder for a variety of electrodes in a desired location.
Additionally, while modified Wang does not explicitly disclose an ear clip wire(720) and an output interface that is adapted to the electrode connection wire, it does disclose a flexible wire which could be wrapped around ear in order to turn into ear clip wire(As found in Wang pg. 30 line 959-961, two or more external electrodes can be attached to the device main body with flexible wire to provide stimulation to skin, See in Wang Fig. 19b, electrode).
However, Gill et al. does explicitly teach a headache treatment system which includes an ear clip wire(720) which is placed outside the therapeutic device main body(See in Gill et al Fig. 7A-7B, Wired connection 720), and an output interface that is adapted to the electrode connection wire(714)(Found in Gill et al. para. 163 line 10-11, ear clip 714 is in electrical communication with the electrode housing, See in GIll et al. Fig. 7A&7C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Wang with the ear clip system of Gill et al. to create an external electrode system with offers a more controlled, uniform-pressure on the electrode-skin interface as a physical clipping system is less likely to fall off target area vs. a regular electrode.
Regarding claim 11, the modified Wang device discloses the method of claim 10, further comprising: attaching a moveable therapeutic electrode to trigeminal nerves (As found in Wang pg. 30 line 959-961, two or more external electrodes can be attached to the device main body with flexible wire to provide stimulation to skin able to be attached to the Trigeminal nerves, See in Wang Fig. 19b, electrode), wherein an electrode connection wire is connected to the movable therapeutic electrode pad(As found in Wang pg. 30 line 960-961,flexible wire to provide stimulation to skin, See in Wang Fig. 19b, wire), while Wang’s external electrodes appear to be pads(See in Wang Fig. 19b, electrode), Wang does not explicitly state it’s external electrodes are pads.
However, Dar et al. teaches an electrode pad (See in Dar et al. Fig. 6B, Electrode pad 246).
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 external electrodes of Wang with the electrode pad structure of Dar et al. to that create holder for a variety of electrodes in a desired location.
Additionally, while modified Wang does not explicitly disclose wearing an ear clip wire(720) and an output interface that is adapted to the electrode connection wire, it does disclose a flexible wire which could be wrapped around ear in order to turn into ear clip wire(As found in Wang pg. 30 line 959-961, two or more external electrodes can be attached to the device main body with flexible wire to provide stimulation to skin, See in Wang Fig. 19b, electrode);
However, Gill et al. does explicitly teach a headache treatment system which includes an ear clip wire(720) which is placed outside the therapeutic device main body(See in Gill et al Fig. 7A-7B, Wired connection 720), and an output interface that is adapted to the electrode connection wire(714)(Found in Gill et al. para. 163 line 10-11, ear clip 714 is in electrical communication with the electrode housing, See in GIll et al. Fig. 7A&7C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Wang with the ear clip system of Gill et al. to create an external electrode system with offers a more controlled, uniform-pressure on the electrode-skin interface as a physical clipping system is less likely to fall off target area vs. a regular electrode.
8. Claim(s) 3-5, 7-8, 12-14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang(WO 2022/056340 A1) in view of Dar et al.(WO 2017/130133 A1), in view of MacKenzie(2022/0184413 A1), and further in view of Nazarian et al.(11819625 B1)
Regarding claim 3, the modified Wang device discloses the migraine treatment device of claim 1, but is silent on the main body having a foldable structure, wherein an overall casing of the therapeutic device main body comprises a first casing component, two second casing components, and two third casing components that are sequentially arranged from an outer side to an inner side, the two second casing components are respectively pivotally connected to two sides of the first casing component, and the two third casing components are respectively fixedly connected to inner sides of the two second casing components.
However, Nazarian et al. teaches about a therapeutic device main body having a foldable structure(22) (Found in Nazarian et al. col. 2 line 4-5, facial wearable device may include a foldable frame, See in Nazarian Fig. 10-12 Foldable frame(22)), and an overall casing of the therapeutic device main body comprises a first casing component(46), two second casing components(34, 36), and two third casing components(24) that are sequentially arranged from an outer side to an inner side(See in Nazarian et al. Fig. 3, Hinge cover 46, right frame and left frame 34 & 36, and support frame 24), and the two second casing components are respectively pivotally connected to two sides of the first casing component (See in Nazarian et al. Fig. 4, Hinge cover 46, right frame and left frame 34 & 36, found in Nazarian et al. col. 9 line 17-2,0 hinge cover 46 to fill the opening of distal cover 20 in the folded configuration to protect hinge 38 from dirt, debris, or other foreign objects, found in Nazarian et al. col. 9 line 10-13, Hinge 38 may include a pin 47 that extends along first axis 48 through the protruding arms 45 to pivotally couple right and left frame 34, 36 together.), and the two third casing components are respectively fixedly connected to inner sides of the two second casing components (See in Nazarian et al. Fig. 4, support layer 24, found in Nazarian et al. col. 8 line 26-27, Support layer 24 may couple to a proximal side 32(Towards users face)).
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 disclosure of Wang with the foldable and multi-casing set-up as taught by Nazarian to create a mask that is easily portable and space efficient for the user.
Regarding claim 4, the modified Wang device discloses the migraine device of claim 1, but is silent on the main mask being placed at an outer side of a front end of the therapeutic device main body.
However, Nazarian et al. teaches a main mask(20) being placed at an outer side of a front end of the therapeutic device main body (See in Nazarian et al. Fig. 3, Distal Cover 20).
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 disclosure of Wang with the outer face mask as taught by Nazarian in order to (protect the electronic components and external stimuli devices housed within the eye cover, found In Nazarian Col. 7 line 65-67).
Regarding claim 5, the modified Wang device discloses the migraine device of claim 1, wherein a speaker is placed inside the therapeutic device main body (Found in Wang page 29 line 931-932, Optional speakers can also be incorporated in parts 11-16, see in Wang Fig. 16), but is silent on a microphone inside the therapeutic device main body, and a signal receiving hole, a charging port, and a button are placed on an outer wall of the therapeutic device main body.
However, Nazarian et al. teaches about a microphone(160) inside the therapeutic device main body(Found in Nazarian et al. col. 17 line 17-18, Sensor 160 may be a microphone, See in Nazarian et al. Fig. 18 Sensor 160), a signal receiving hole(180) (Found in Nazarian et al. sensor recess 180 formed in second foam layer 180 formed in second foam layer 138 so that sensor 160 may contact the user's face and skin col. 17 line 35-37, See in Nazarian et al. Fig. 18, Recess 180, Foam Layer 138, and Sensor 160), a charging port(58) (Found in Nazarian et al. col. 11 line 18-20 Charging port 58 may be located in a top corner, See in Nazarian et al. Fig. 11 Charging port 58), and a button are placed on an outer wall of the therapeutic device main body (Found in Nazarian et al. col. 11 line 2, first button assembly 50 , See in Nazarian et al. Fig. 10, First Button Assembly 50).
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 disclosure of Wang with the additions as taught by Nazarian to create a more all-encompassing device for a user while providing ease of use.
Regarding claim 8, the modified Wang device of claim 1, discloses a strap (Found in Wang pg. 30 line 944, elastic head band 33, See in Wang Fig. 19a, elastic band 33), but is silent on straps and adjustment devices that are adapted to the straps which are placed on both sides of the therapeutic device main body;
However, Nazarian et al. teaches a on straps and adjustment devices that are adapted to the straps which are placed on both sides of the therapeutic device main body (Found in Nazarian et al. col. 7 line 32-36 , headband 14 may be made from elastic material and include adjustment means to adjust the length of headband, See in Nazarian et al. Fig. 4, headband 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the straps of Wang with the adjustment device of Nazarian to accommodate users of (different sized heads, Found in Nazarian et al. col. 7 line 35), as taught by Nazarian.
Regarding claim 12, the modified Wang device discloses the method of claim 1, but is silent on folding the therapeutic device main body, wherein the therapeutic device has a foldable structure, and a first casing component, two second casing components, and two third casing components are sequentially arranged from an outer side to an inner side as an overall casing of the therapeutic device main body, wherein the two second casing components are respectively pivotally connected to two sides of the first casing component, and the two third casing components are respectively fixedly connected to inner sides of the two second casing components.
However, Nazarian et al. teaches about a therapeutic device main body having a foldable structure(22) (Found in Nazarian et al. col. 2 line 4-5, facial wearable device may include a foldable frame, See in Nazarian Fig. 10-12 Foldable frame(22)), and an overall casing of the therapeutic device main body comprises a first casing component(46), two second casing components(34, 36), and two third casing components(24) that are sequentially arranged from an outer side to an inner side (See in Nazarian et al. Fig. 3, Hinge cover 46, right frame and left frame 34 & 36, and support frame 24), and the two second casing components are respectively pivotally connected to two sides of the first casing component (See in Nazarian et al. Fig. 4, Hinge cover 46, right frame and left frame 34 & 36, found in Nazarian et al. col. 9 line 17-2,0 hinge cover 46 to fill the opening of distal cover 20 in the folded configuration to protect hinge 38 from dirt, debris, or other foreign objects, found in Nazarian et al. col. 9 line 10-13, Hinge 38 may include a pin 47 that extends along first axis 48 through the protruding arms 45 to pivotally couple right and left frame 34, 36 together.), and the two third casing components are respectively fixedly connected to inner sides of the two second casing components (See in Nazarian et al. Fig. 4, support layer 24, found in Nazarian et al. col. 8 line 26-27, Support layer 24 may couple to a proximal side 32(Towards users face)).
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 disclosure of Wang with the foldable and multi-casing set-up as taught by Nazarian to create a mask that is easily portable and space efficient for the user.
Regarding claim 14, the modified Wang device discloses the method of claim 10, further comprising: controlling the therapeutic device main body through a speaker inside the therapeutic device main body(Found in Wang page 29 line 931-932, Optional speakers can also be incorporated in parts 11-16, see in Wang Fig. 16), but is silent on a microphone inside the therapeutic device main body.
However, Nazarian et al. teaches about a microphone (160) inside the therapeutic device main body(Found in Nazarian et al. col. 17 line 17-18, Sensor 160 may be a microphone, See in Nazarian et al. Fig. 18, Sensor 160).
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 disclosure of Wang with the microphone as taught by Nazarian to create a more all-encompassing device for a user while providing ease of use and control.
Regarding claim 17, the modified Wang discloses the method of claim 10, further comprising: adapting the therapeutic device main body to head circumference with straps and adjustment devices that are adapted to the therapeutic main body on both sides of the therapeutic device main body
However, Nazarian et al. teaches a on straps and adjustment devices that are adapted to the straps which are placed on both sides of the therapeutic device main body (Found in Nazarian et al. col. 7 line 32-36 , headband 14 may be made from elastic material and include adjustment means to adjust the length of headband, See in Nazarian et al. Fig. 4, headband 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the straps of Wang with the adjustment device of Nazarian to accommodate users of (different sized heads, Found in Nazarian et al. col. 7 line 35), as taught by Nazarian.
9. Claim(s) 6-7 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang(WO 2022/056340 A1) in view of Dar et al.(WO 2017/130133 A1), in view of MacKenzie(2022/0184413 A1), in view of Nazarian et al.(11819625 B1), and further in view Kries(7297126 B2)
Regarding claim 6, the modified Wang device discloses the migraine treatment device of claim 1, wherein an elastic fabric placed on the inner side of an overall casing of the therapeutic main body (Found in Wang Pg. 30 line 981-982, Soft fabric covered raised area 1, See in Wang. Fig. 19b, area 1), but is silent on a first foam component, a second foam component, a third foam component successively placed on an inner side of an overall casing of the therapeutic device main body, a female buckle is placed on an outer side of the elastic fabric, a plurality of through holes provided on the second foam component, and a vibration motor placed in each through hole.
However, Nazarian teaches a similar device which includes a third foam component(138) (Found in Nazarian Col. 15 line 43-45, foam layer 138 may be positioned substantially between first foam layer 136 and proximal cover 21, See in Nazarian Fig. 19, 2nd foam layer 138), a second foam component(Found in Nazarian Col. 15 line 43-44, first foam layer adjacent to second foam layer, See in Nazarian Fig. 19, 1st foam layer 136), which are successively placed on an inner side of an overall casing of the therapeutic device main body(See in Nazarian Fig. 18-19, Foam Layers 138&136), and a female buckle which is placed on an outer side of the elastic fabric(Found in Nazarian col. 8 line 41-42, perimeter edge of flexible layers 28 clamps at an interface between foldable frame 22 and support layer 24). Additionally, Foam is a known material which offers easy manufacturing and is easy to manipulate for this application.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the technology of modified Wang with the multi-layer successive foam structure of Nazarian, while adding an additional foam layer, in order to offer better separation of heaters and vibrators from user’s face, ensuring improved comfortability during treatment.
Additionally, modified Wang is silent on a plurality of through holes which are provided on the second foam component, and a vibration motor placed in each through hole.
However, Kries teaches using through holes for holding vibrators (Found in Kries col. 2 line 64, at least one vibrator cutout 14, See in Kries Fig. 2, hole 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the through holes, as taught by Kries, to the second foam layer in order to better act as a retainer for the vibrators, rather than acting as a vibration sink, which embedding in foam will do.
Regarding claim 7, the modified Wang device discloses the device of claim 6, but is silent on a heating device and a thermistor that is adapted to the heating device, wherein the heating device and the thermistor are placed inside the therapeutic device main body, and the heating device is located between the second foam component and the third foam component.
However, Nazarian teaches a heating device(170,172) (Found in Nazarian et al. col. 15 line 48-49, heating devices may be coupled with first foam layer, See in Nazarian et al. Fig. 18, Heating Devices 170 &172), a heating device placed inside the therapeutic main body(Found in Nazarian et al. col. 15 line 48-49, heating devices may be coupled with first foam layer, See in Nazarian et al. Fig. 18, Heating Devices 170 &172), and the heating device is located between the second foam component and the third foam component (Foung in Nazarian et al. col. 15 line 48-52, heating devices may be coupled with first foam layer 136 such that second foam layer 138 may act as a buffer to prevent direct contact, See in Nazarian Fig. 18-19, Heating pads 170&172 and Foam layers 136&138), and a thermistor placed inside the therapeutic device main body adapted to the heating device (Found in Nazarian et al. col. 17 line 32-34, temperature sensor may sense a user's body temperature and increase or decrease a heating level supplied by one or more of heating pads 170, 172, See in Nazarian et al. Fig. 18, sensor 160).
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 Wang with a heater setup as provided by Nazarian et al. to allow for a self-reacting heating system that has a (buffer to prevent direct contact, found in Nazarian et al. col. 15 line 50) with the user’s face, as taught by Nazarian, to ensure better comfortability. Nazarian et al. doesn’t explicitly teach using a thermistor, however, this would be an obvious design choice as they both are performing the same function and would perform equally well.
Regarding claim 15, the modified Wang device discloses the method of claim 10, further comprising: performing vibration massage with the therapeutic device main body (Wang, pg. 31 ln. 984-985, additional massage means such as vibrator can also be incorporated), wherein an elastic fabric placed on the inner side of an overall casing of the therapeutic main body (Found in Wang Pg. 30 line 981-982, Soft fabric covered raised area 1, See in Wang. Fig. 19b, area 1), but is silent on a first foam component, a second foam component, a third foam component successively placed on an inner side of an overall casing of the therapeutic device main body, a female buckle is placed on an outer side of the elastic fabric, wherein the second foam component comprises a plurality of through holes and a vibration motor in at least one of the plurality of through holes, and a vibration motor placed in each through hole.
However, Nazarian teaches a similar device which includes a third foam component(138) (Found in Nazarian Col. 15 line 43-45, foam layer 138 may be positioned substantially between first foam layer 136 and proximal cover 21, See in Nazarian Fig. 19, 2nd foam layer 138), a second foam component(Found in Nazarian Col. 15 line 43-44, first foam layer adjacent to second foam layer, See in Nazarian Fig. 19, 1st foam layer 136), which are successively placed on an inner side of an overall casing of the therapeutic device main body(See in Nazarian Fig. 18-19, Foam Layers 138&136), and a female buckle which is placed on an outer side of the elastic fabric(Found in Nazarian col. 8 line 41-42, perimeter edge of flexible layers 28 clamps at an interface between foldable frame 22 and support layer 24). Additionally, Foam is a known material which offers easy manufacturing and is easy to manipulate for this application.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the technology of modified Wang with the multi-layer successive foam structure of Nazarian, while adding an additional foam layer, in order to offer better separation of heaters and vibrators from user’s face, ensuring improved comfortability during treatment.
Additionally, modified Wang is silent on the second foam component comprising a plurality of through holes, and a vibration motor placed in each through hole.
However, Kries teaches using through holes for holding vibrators(Found in Kries col. 2 line 64, at least one vibrator cutout 14, See in Kries Fig. 2, hole 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the through holes, as taught by Kries, to the second foam layer in order to better act as a retainer for the vibrators, rather than acting as a vibration sink, which embedding in foam will do.
Regarding claim 16, the modified Wang device discloses the method of claim 15, but is silent on a heating the therapeutic device main body with a heating device and a thermistor are placed inside the therapeutic device main body, and wherein the heating device is placed between the second foam component and the third foam component.
However, Nazarian teaches a heating device(170,172) (Found in Nazarian et al. col. 15 line 48-49, heating devices may be coupled with first foam layer, See in Nazarian et al. Fig. 18, Heating Devices 170 &172), a heating device placed inside the therapeutic main body(Found in Nazarian et al. col. 15 line 48-49, heating devices may be coupled with first foam layer, See in Nazarian et al. Fig. 18, Heating Devices 170 &172), and the heating device is located between the second foam component and the third foam component (Foung in Nazarian et al. col. 15 line 48-52, heating devices may be coupled with first foam layer 136 such that second foam layer 138 may act as a buffer to prevent direct contact, See in Nazarian Fig. 18-19, Heating pads 170&172 and Foam layers 136&138), and a thermistor placed inside the therapeutic device main body adapted to the heating device (Found in Nazarian et al. col. 17 line 32-34, temperature sensor may sense a user's body temperature and increase or decrease a heating level supplied by one or more of heating pads 170, 172, See in Nazarian et al. Fig. 18, sensor 160).
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 Wang with a heater setup as provided by Nazarian et al. to allow for a self-reacting heating system that has a (buffer to prevent direct contact, found in Nazarian et al. col. 15 line 50) with the user’s face, as taught by Nazarian, to ensure better comfortability. Nazarian et al. doesn’t explicitly teach using a thermistor, however, this would be an obvious design choice as they both are performing the same function and would perform equally well.
10. Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang(WO 2022/056340 A1) in view of Dar et al.(WO 2017/130133 A1), in view of MacKenzie(2022/0184413 A1), and further in view of Osterhout (US 2021/0173480 A1)
Regarding claim 13, the modified Wang device discloses the method of claim 10, but is silent on adjusting transparency of a main mask at an outer side of a front end of the therapeutic device main body
However, Nazarian et al. teaches a main mask (20) being placed at an outer side of a front end of the therapeutic device main body (See in Nazarian et al. Fig. 3, Distal Cover 20).
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 disclosure of Wang with the outer face mask as taught by Nazarian in order to (protect the electronic components and external stimuli devices housed within the eye cover, found In Nazarian Col. 7 line 65-67).
Additionally, the modified Wang device is silent on the main mask having an adjustable transparency.
However, Osterhout teaches a head-mounted eyepiece (abs.) which includes an electrochromic lens able to adjust transparency (para. 312, electrochromic lens can change opacity of a least a portion of the lens in response to a burst if charge applied. For example, and referring to FIG. 9, a chromic portion 902 of the lens 904 is shown darkened).
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 material of the main mask of modified Wang to include the electrochromic lens/material taught by Osterhout in order to be able to control various levels of outside light from interfering with green light LED treatment.
Response to Arguments
11. Applicant's arguments filed 2/02/2026 on Pages 8-15 with respect to claims 1-18 have been fully considered but they are not persuasive.
With respect to applicants remarks on the 35 U.S.C. 112(f) and their combined 35 U.S.C. 112(b) rejections.
Claim limitation “light transmitting component “ (claim 1, ln. 7; claim 1, ln. 8; claim 1, ln. 9; claim 10, ln. 8; claim 10, ln. 9; claim 10, ln. 12) is accompanied by the structure of a “columnar structure” (claim 1, ln. 9; claim 10 ln. 13) and is found to have enough structure after amendment to no longer be considered under 35 U.S.C. 112(f). Therefore, the accompanying 35 U.S.C. 112(b) is dropped.
Claim limitation “adjustment devices” (claim 1, ln. 8) still lacks sufficient structure after amendment and will continue to be interpreted under 35 U.S.C. 112(f). Regardless of its existence as a “physical component”. Although, accompanying description (“The straps 26 may be made of elastic materials, and the adjustment devices 27 may be used in conjunction with the straps 26 to make the therapeutic device main body 1 adaptable to different head circumferences” (SPEC., para. 45); Fig. 1, drawing shows structure of adjustment device 27). Is found to provide sufficient specification support so accompanying 35 U.S.C. 112(b) is dropped.
Claim limitation “Output interface” (claim 2, ln. 3; claim 11, ln. 4) still lacks sufficient structure after amendment and will continue to be interpreted under 35 U.S.C. 112(f). Regardless of its existence as a “physical component”. Although, accompanying description (“An output interface 11, as shown in FIG. 5, that is compatible with the electrode connection wire 4” (SPEC., para. 37); Fig. 1, drawing shows structure of output interface 11 adapted to electrode connection wire). Is found to provide sufficient specification support so accompanying 35 U.S.C. 112(b) is dropped.
Regarding applicant’s remarks on 35 U.S.C. 103 rejections with respect to claims 1-18 have been fully considered but they are not persuasive.
With respect to applicant’s 1st argument to claim 1, applicant alleges MacKenzie fails to teach or suggest that LEDs are evenly arranged on both sides of LED array 25. But a review of MacKenzie Fig. 1 shows array board 25 having an even distribution of LEDs on either side of array(pictured). Regardless of an explicit statement, figure shows an even distribution. “Sides” in this case are being interpreted to mean either side of the array board under broadest reasonable interpretation “BRI”. See annotated figure below. Therefore, applicant argument is not found persuasive.
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With respect to applicant’s 2nd argument to claim 1, applicant alleges the because MacKenzie includes “LEDs that emit four kinds of light with different color” it fails to teach “green” LED lights evenly arranged. Only teaching a “second light in the green light spectrum” (MacKenzie, para. 17). However, Wang already discloses using green light for treatment (Wang pg. 29 line 948-953, The light stimulation can be green light using LEDs, See in Wang Fig. 19A). Therefore, the color combination of MacKenzie is not required for obviousness combination. Only the physical array board from MacKenzie is being brought over in combination with the green light therapy already disclosed by Wang. By applying the “green light” taught by Wang’s disclosure on the MacKenzie array board an equivalent device is found. Therefore, applicant’s argument is found not persuasive.
In conclusion, applicant’s arguments to 35 U.S.C. 103 art rejections are found not persuasive. Therefore, 35 U.S.C. 103 rejections on claims 1-18 are maintained.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Van et al.(EP 4066883 A1), Belson et al.(US 20220001180 A1), and Russell(US 5628772 A). These prior art are various devices and applications pertaining to the use of heat, vibration and electric stimulation to treatment migraine/headache.
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.
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/A.R.W./ Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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