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 .
Amendment
This office action is in response to the amendment filed on 7/20/2026. As directed by the amendment, claims 1, 6 and 10 have been amended, and no claims have been canceled. Thus, claims 1-18 are pending in this application
Claim Interpretation
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.
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
“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) corresponding structure is a “columnar structure” [0028].
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.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites “through lithium battery” suggested to be changed to --through a lithium battery-- for grammatical reasons. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 and 10 recite “wherein the light transmitting component is adapted to the green light emitting board” however it is unclear what is meant by the adapted to language here. Further, claims 2, 7-8, 11 and 17 recite “adapted to” language in a similar manner that require clarification.
Claims 1 and 10 recites “wherein the third foam component is thinner” however is it unclear what the third foam component is thinner with respect to.
Claim 6 recites “the vibration motor is placed in each through hole” however it is unclear how a single vibration motor can be placed in multiple holes.
Claim 15 recites “a first foam component,” “a second foam component,” “a third foam component,” “an elastic fabric” and “a vibration motor” however it is unclear if these limitations are the same or different from the components listed in claim 10, from which claim 15 depends.
Any remaining claims are rejected as being dependent on a rejected base claim.
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.
Claims 1, 3-6, 8-10, 12, 14-15, and 17-18 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), MacKenzie (2022/0184413 A1), Nazarian et al. (11819625 B1), Lau et al. (2021/0015659), Sampson et al. (2022/0257463) and Stoffregen (4,732,140).
Regarding claim 1, Wang discloses a device for improving brain function (pg. 1 line 28) which includes a therapeutic device main body (See Fig. 18-19), green light emitting diode (LED) lights (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 (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 Fig. 19A-19B, eye facing surface 32), a fixed therapeutic electrode placed on an upper inner side of the therapeutic device main body (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 (Pg. 30 line 979-980, portable rechargeable battery to power the electric circuits), but is silent on the electrodes being pads. However, Dar teaches a migraine treatment system which has an electrode system (130, pg. 22 para. 4, adapted to be located at the supraorbital region of the head, Fig. 1B, electrode system 130) which includes an electrode pad (Fig. 6B, Electrode pad 246). 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’s electrodes with the padded electrodes, as taught by Dar, for the purpose of providing an alternate electrode structure having the predictable results of providing stimulation to a user around the user’s eyes. The modified Wang 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, para. 17 line 1-8, LED array 25 of the lighting arrangement 10 may be configured to produce green light spectrum, Fig. 1, LED array 25), wherein the light emitting diode (LED) lights are evenly arranged on both sides of the green light emitting board (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 Wang’s green light with the array board from MacKenzie, for the purpose of providing a treatment device offering more programable levels of LED light intensity. The modified Wang discloses a fabric placed on the inner side of an overall casing of the therapeutic main body (Wang Pg. 30 line 981-982, Soft fabric covered raised area 1, Wang. Fig. 19b, area 1) and a vibrating motor (Page 28, line 2 Wang), but is silent regarding a first foam component, second foam component and a third foam component successively placed on an inner side of the overall casing of the therapeutic device main body, the vibration motor placed between the first foam component and the third foam component. However, Nazarian teaches a similar device which includes a first foam component (136, fig. 3 Col. 15 line 43-45) and a third foam component (138, Col. 15 line 43-45, foam layer 138 may be positioned substantially between first foam layer 136 and proximal cover 21), which are successively placed on an inner side of an overall casing of the therapeutic device main body (Fig. 18-19, Foam Layers 136 and 138 and fabric layer 21 are placed on casing 20), a vibration device placed between the first foam component and the third foam component (Col. 15, ll. 48-52). 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 modified Wang’s device with the addition of first and third foam layers, the vibration device between the first and third foam components and an overall casing, as taught by Nazarian, for the purpose of providing comfort to the user. The modified Wang is silent regarding that the fabric material is elastic. However, Lau teaches a skin contacting elastic fabric layer 4 [0020]. 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 modified Wang’s fabric with an elastic fabric, as taught by Lau, for the purpose of providing a bacteria resistant fabric ([0020] Lau). The modified Wang is silent regarding a second foam component and that the third foam component is thinner. However, Sampson teaches a first 12, second 18 and third 20 foam component and that the third foam component is thinner (see fig. 1), which vibrating transducers (70, 72, 74, 76, Fig. 7) are located within openings 24 spanning the layers such that the vibrating transducers are between the first and third components (Fig. 1 and 7). 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 modified Wang’s foam layers with the addition of a second foam layer and the third foam component being thinner as well as cutouts for the vibrators, as taught by Sampson, for the purpose of providing an alternate massage layered structure having the predictable results of providing vibration to a user. The modified Wang is silent regarding that the third foam layer is configured for the vibration motor to create raised features on the elastic fabric. However, in fig. 5 Stoffregen teaches a layer (22, Col. 3, ll. 56-64) that allows for vibrators to create raised features on the layer (Col. 3, ll. 56-64). 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 modified Wang’s elastic fabric and vibration motor with a vibration motor that creates raised features on the elastic fabric, as taught by Stoffregen, for the purpose of providing an alternate configuration having the predictable results of providing a vibrating massage to a user.
Regarding claim 3, the modified Wang 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 teaches a therapeutic device main body having a foldable structure (22, col. 2 line 4-5, facial wearable device may include a foldable frame, 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 (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 (Fig. 4, Hinge cover 46, right frame and left frame 34 & 36, 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, 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 (Fig. 4, support layer 24, 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 modified Wang’s device 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 is silent regarding a main mask being placed at an outer side of a front end of the therapeutic device main body. However, Nazarian teaches a main mask (20) being placed at an outer side of a front end of the therapeutic device main body (Fig. 3, Distal Cover 20). 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 modified Wang’s device with the addition of the outer face mask as taught by Nazarian in order to (protect the electronic components and external stimuli devices housed within the eye cover, Nazarian Col. 7 line 65-67).
Regarding claim 5, the modified Wang discloses that a speaker is placed inside the therapeutic device main body (Wang page 29 line 931-932, Optional speakers can also be incorporated in parts 11-16, 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 teaches about a microphone (160) inside the therapeutic device main body (col. 17 line 17-18, Sensor 160 may be a microphone, Fig. 18 Sensor 160), a signal receiving hole(180) (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, Fig. 18, Recess 180, Foam Layer 138, and Sensor 160), a charging port (58, col. 11 line 18-20 Charging port 58 may be located in a top corner, Fig. 11 Charging port 58), and a button are placed on an outer wall of the therapeutic device main body (col. 11 line 2, first button assembly 50 , Fig. 10, First Button Assembly 50). 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 modified Wang’s device with the addition of 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, as taught by Nazarian, for the purpose of providing ease of use of the device.
Regarding claim 6, the modified Wang discloses a plurality of through holes (24, Sampton, fig. 1 and 7) which are provided on the second foam component (Fig. 1 and 7 of Sampson), and a vibration motor placed in each through hole (Fig. 7, Sampson), but is silent regarding a female buckle which is placed on an outer side of the elastic fabric. However, Nazarian teaches a female buckle which is placed on an outer side of a fabric (col. 8 line 41-42, perimeter edge of flexible layers 28 clamps at an interface between foldable frame 22 and support layer 24). 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 modified Wang’s device with the addition of a female buckle, as taught by Nazarian, for the purpose of clamping the device.
Regarding claim 8, the modified Wang discloses a strap (Wang pg. 30 line 944, elastic head band 33, 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 teaches straps and adjustment devices that are adapted to the straps which are placed on both sides of the therapeutic device main body (col. 7 line 32-36, headband 14 may be made from elastic material and include adjustment means to adjust the length of headband, 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, Nazarian col. 7 line 35).
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 (Wang pg. 29 line 947, device having eye mask configuration, Wang Fig. 18, 19a,19b).
Regarding claim 10, Wang discloses a method for controlling a migraine treatment device (pg. 1 line 28), comprising: controlling a therapeutic device main body (Fig. 18-19), green light emitting diode (LED) lights placed inside the therapeutic device main body (pg. 29 line 948-953, The light stimulation can be green light using LEDs, Fig. 19A), and a light transmitting component placed inside the therapeutic device main body (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, Fig. 19A-19B, eye facing surface 32), wherein a fixed therapeutic electrode placed on an upper inner side of the therapeutic device main body (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 (Pg. 30 line 979-980, portable rechargeable battery to power the electric circuits), but is silent on the placed electrodes being pads. However, Dar teaches a migraine treatment system which has an electrode system (130, pg. 22 para. 4, adapted to be located at the supraorbital region of the head, Fig. 1B, electrode system 130) which includes an electrode pad (Fig. 6B, Electrode pad 246). 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’s electrodes with the padded electrodes, as taught by Dar, for the purpose of providing an alternate electrode structure having the predictable results of providing stimulation to a user around the user’s eyes. The modified Wang 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, para. 17 line 1-8, LED array 25 of the lighting arrangement 10 may be configured to produce green light spectrum, Fig. 1, LED array 25), wherein the light emitting diode (LED) lights are evenly arranged on both sides of the green light emitting board (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 Wang’s green light with the array board from MacKenzie, for the purpose of providing a treatment device offering more programable levels of LED light intensity. The modified Wang discloses a fabric placed on the inner side of an overall casing of the therapeutic main body (Wang Pg. 30 line 981-982, Soft fabric covered raised area 1, Wang. Fig. 19b, area 1) and a vibrating motor (Page 28, line 2 Wang), but is silent regarding a first foam component, second foam component and a third foam component successively placed on an inner side of the overall casing of the therapeutic device main body, the vibration motor placed between the first foam component and the third foam component. However, Nazarian teaches a similar device which includes a first foam component (136, fig. 3 Col. 15 line 43-45) and a third foam component (138, Col. 15 line 43-45, foam layer 138 may be positioned substantially between first foam layer 136 and proximal cover 21), which are successively placed on an inner side of an overall casing of the therapeutic device main body (Fig. 18-19, Foam Layers 136 and 138 and fabric layer 21 are placed on casing 20), a vibration device placed between the first foam component and the third foam component (Col. 15, ll. 48-52). 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 modified Wang’s device with the addition of first and third foam layers, the vibration device between the first and third foam components and an overall casing, as taught by Nazarian, for the purpose of providing comfort to the user. The modified Wang is silent regarding that the fabric material is elastic. However, Lau teaches a skin contacting elastic fabric layer 4 [0020]. 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 modified Wang’s fabric with an elastic fabric, as taught by Lau, for the purpose of providing a bacteria resistant fabric ([0020] Lau). The modified Wang is silent regarding a second foam component and that the third foam component is thinner. However, Sampson teaches a first 12, second 18 and third 20 foam component and that the third foam component is thinner (see fig. 1), which vibrating transducers (70, 72, 74, 76, Fig. 7) are located within openings 24 spanning the layers such that the vibrating transducers are between the first and third components (Fig. 1 and 7). 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 modified Wang’s foam layers with the addition of a second foam layer and the third foam component being thinner as well as cutouts for the vibrators, as taught by Sampson, for the purpose of providing an alternate massage layered structure having the predictable results of providing vibration to a user. The modified Wang is silent regarding creating raised features on the elastic fabric through the vibration motor. However, in fig. 5 Stoffregen teaches a layer (22, Col. 3, ll. 56-64) that allows for vibrators to create raised features on the layer (Col. 3, ll. 56-64). 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 modified Wang’s elastic fabric and vibration motor with a vibration motor that creates raised features on the elastic fabric, as taught by Stoffregen, for the purpose of providing an alternate configuration having the predictable results of providing a vibrating massage to a user.
Regarding claim 12, the modified Wang 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, col. 2 line 4-5, facial wearable device may include a foldable frame, 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 (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 (Fig. 4, Hinge cover 46, right frame and left frame 34 & 36, 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, 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 (Fig. 4, support layer 24, 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 modified Wang’s device w 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 discloses controlling the therapeutic device main body through a speaker inside the therapeutic device main body (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 (col. 17 line 17-18, Sensor 160 may be a microphone, 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 modified Wang’s device with the microphone as taught by Nazarian to providing ease of use and control.
Regarding claim 15, the modified Wang discloses 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), a first foam component (136, fig. 3 Col. 15 line 43-45 Nazarian), a second foam component (18 Sampson) and a third foam component (138, Col. 15 line 43-45, foam layer 138 may be positioned substantially between first foam layer 136 and proximal cover 21, Nazarian), which are successively placed on an inner side of an overall casing of the therapeutic device main body (Fig. 18-19, Foam Layers 136 and 138 and fabric layer 21 are placed on casing 20, Nazarian), an elastic fabric layer (4 [0020] Lua), a plurality of through holes (24, Sampton, fig. 1 and 7) which are provided on the second foam component (Fig. 1 and 7 of Sampson), and a vibration motor placed in each through hole (Fig. 7, Sampson), but is silent regarding a female buckle which is placed on an outer side of the elastic fabric. However, Nazarian teaches a female buckle which is placed on an outer side of a fabric (col. 8 line 41-42, perimeter edge of flexible layers 28 clamps at an interface between foldable frame 22 and support layer 24). 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 modified Wang’s device with the addition of a female buckle, as taught by Nazarian, for the purpose of clamping the device.
Regarding claim 17, the modified Wang is silent regarding 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 (col. 7 line 32-36, headband 14 may be made from elastic material and include adjustment means to adjust the length of headband, 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 18, the modified Wang discloses wherein the therapeutic device main body has a structure of an eye mask (Wang pg. 29 line 947, device having eye mask configuration, Wang Fig. 18, 19a,19b).
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Dar, MacKenzie, Nazarian, Lau, Sampson and Stoffregen, as applied to claim 1 above, in further view of Gill et al. (WO 2022221644 A2)
Regarding claim 2, the modified Wang discloses a moveable therapeutic electrode (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, Wang Fig. 19b, electrode), wherein an electrode connection wire is connected to the movable therapeutic electrode pad (Wang pg. 30 line 960-961,flexible wire to provide stimulation to skin, Wang Fig. 19b, wire), Wang’s external electrodes appear to be pads (Wang Fig. 19b, electrode), but is silent on the external electrodes explicitly being pads. However, Dar et al. teaches an electrode pad (Fig. 6B, Electrode pad 246). 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, for the purpose of providing an alternate electrode structure having the predictable results of providing electrical stimulation to a user. Additionally, while modified Wang does not explicitly disclose an ear clip wire 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 (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, Wang Fig. 19b, electrode). However, Gill does explicitly teach a headache treatment system which includes an ear clip wire (720) which is placed outside the therapeutic device main body (Fig. 7A-7B, Wired connection 720), and an output interface that is adapted to the electrode connection wire (714, para. 163 line 10-11, ear clip 714 is in electrical communication with the electrode housing, 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’s external electrode with the ear clip system of Gill 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 discloses attaching a moveable therapeutic electrode to trigeminal nerves (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, Wang Fig. 19b, electrode), wherein an electrode connection wire is connected to the movable therapeutic electrode pad (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 teaches an electrode pad (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, for the purpose of providing an alternate electrode structure having the predictable results of providing electrical stimulation to a user. Additionally, while modified Wang does not explicitly disclose wearing an ear clip wire 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 (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, Fig. 19b, electrode). However, Gill does explicitly teach a headache treatment system which includes an ear clip wire (720) which is placed outside the therapeutic device main body (Fig. 7A-7B, Wired connection 720), and an output interface that is adapted to the electrode connection wire (714, para. 163 line 10-11, ear clip 714 is in electrical communication with the electrode housing, 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’s external electrode with the ear clip system of Gill 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.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Dar, MacKenzie, Nazarian, Sampson and Stoffregen, as applied to claims 6 and 15 above, respectively, and further in view Patton et al. (2023/0263657)
Regarding claim 7, the modified Wang is silent regarding 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) (col. 15 line 48-49, heating devices may be coupled with first foam layer, Fig. 18, Heating Devices 170 &172), a heating device placed inside the therapeutic main body (col. 15 line 48-49, heating devices may be coupled with first foam layer, Fig. 18, Heating Devices 170 &172), and the heating device is located between the second foam component and the third foam component (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, Fig. 18-19, Heating pads 170&172 and Foam layers 136&138), and a temperature sensor placed inside the therapeutic device main body adapted to the heating device (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, Fig. 18, sensor 160), but does not explicitly recite that the temperature sensor is a thermistor. However, Patton teaches a thermistor for detecting skin temperature associated with a heating pad [0101]. 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 modified Wang with a heater setup as provided by Nazarian and Patton to allow for a self-reacting heating system that has a buffer to prevent direct contact (col. 15 line 50) with the user’s face to ensure better comfortability and safety.
Regarding claim 16, the modified Wang is silent regarding heating the therapeutic device main body with a heating device and a thermistor inside the therapeutic device main body, wherein the heating device is placed between the second foam component and the third foam component. However, Nazarian teaches a heating device (170,172) (col. 15 line 48-49, heating devices may be coupled with first foam layer, Fig. 18, Heating Devices 170 &172), a heating device placed inside the therapeutic main body (col. 15 line 48-49, heating devices may be coupled with first foam layer, Fig. 18, Heating Devices 170 &172), and the heating device is located between the second foam component and the third foam component (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, Fig. 18-19, Heating pads 170&172 and Foam layers 136&138), and a temperature sensor placed inside the therapeutic device main body adapted to the heating device (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, Fig. 18, sensor 160), but does not explicitly recite that the temperature sensor is a thermistor. However, Patton teaches a thermistor for detecting skin temperature associated with a heating pad [0101]. 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 modified Wang with a heater setup as provided by Nazarian and Patton to allow for a self-reacting heating system that has a buffer to prevent direct contact (col. 15 line 50) with the user’s face to ensure better comfortability and safety.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, Dar, MacKenzie, Nazarian, Sampson and Stoffregen, as applied to claim 10 above, and further in view of Osterhout (US 2021/0173480 A1)
Regarding claim 13, the modified Wang is silent regarding adjusting transparency of a main mask at an outer side of a front end of the therapeutic device main body. However, Nazarian teaches a main mask (20) being placed at an outer side of a front end of the therapeutic device main body (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). The modified Wang is silent regarding that 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 at least a portion of the lens in response to a burst of 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
Applicant’s arguments, see pages 6-8, filed 7/20/26, with respect to the rejection of claims 1 and 10 under Wang, Dar and MacKenzie have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Wang (WO 2022/056340 A1) in view of Dar et al. (WO 2017130133 A1), MacKenzie (2022/0184413 A1), Nazarian et al. (11819625 B1), Lau et al. (2021/0015659), Sampson et al. (2022/0257463) and Stoffregen (4,732,140).
Conclusion
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/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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