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 .
Amended Claims
Claims 1-22 are currently pending and are under examination.
Response to Arguments
Applicant's arguments, see Remarks pages 2-6 (Rejections under 35 U.S.C. § 103), received 12/10/2025, with respect to the rejections of claims 1-22 under 35 USC § 103 have been fully considered. Applicant argues, regarding claim 21:
Thus, Yamazaki discloses that the low-frequency pulse is controlled by the audio (trigger signal generation unit). This is also clearly depicted in the signal diagram of Fig. 1 of Yamazaki. Yamazaki does not teach controlling the output unit to output, ... sound emitted from the speaker, ... having tone color that changes depending on at least one of intensity and waveform of the low frequency pulse current. In other words, Yamazaki teaches the opposite of Applicant's claimed feature. Matsushita also does not teach this claimed feature. (page 4, 12/10/2025 Remarks)
Applicant further compares the cited prior art and instant claims:
Applicant's claim 21 clearly recites "controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion, sound emitted from the speaker, which is positioned on a side of the low-frequency treatment device that is opposite to a side of the low frequency treatment device including the pad portion that supplies the low-frequency pulse current to the contact target, and having tone color that changes depending on at least one of intensity and waveform of the low-frequency pulse current." As can be seen from the clear language of claim 1, the sound that is emitted from the speak has a tone color that changes depending on at least one of the intensity and waveform of the low-frequency pulse current." Yamazaki discloses the opposite of Applicant's claimed invention. As described in Applicant's specification, the difference in the treatment content according to the intensity of stimulation or the treatment mode is emphasized and perceived by hearing, and a physical sensation for treatment by the low-frequency pulse current can be improved. (page 4, 12/10/2025 Remarks)
The Examiner finds this argument persuasive for claim 21 (and by extension claims 20 and 22). Based on these arguments, the claim language in instant claims 20-22 establishes the audio output is generated with respect to and responds to changes in the electrical stimulation waveform. Conceptually, the inverse of this relationship is presented in Yamazaki where the intended audio signal is used to generate the synchronized electrical stimulation and light outputs. As it pertains to electrical stimulation devices, the conversion of an electrical signal into an equivalent audio signal is interpreted as a different process (with a corresponding different structure) than the conversion of an audio signal into an equivalent electrical signal. Note this distinction is relevant to the output generating circuitry and electrical stimulation and audio signals (see “Prior Art Rejections” section at the end of this action for a discussion of potentially allowable subject matter). Therefore, the 35 USC § 103 rejections of claims 20-22 are withdrawn. The newly added 112(b) rejections for claims 20-22 are required to be addressed before the claims can be considered allowable (see “Claim Rejections - 35 USC § 112”).
A similar argument is presented for claim 1:
However, as noted above with regard to the discussion of claim 21, although Yamazaki discloses applying the low-frequency voltage to the skin of the user in synchronization with the music signal outputted from the sound processer 114, Yamazaki does not output light or sound that is synchronized with a change in the supply state of the low-frequency pulse current. Further, Yamazaki does not generate the light or sound based on the pulse voltage waveform for supplying the low-frequency pulse current. Neither Matsushita nor Mueller teach this claimed feature.
Specifically, as can be seen from the clear language of claim 1, "at least one of the light and sound is generated based on a pulse voltage waveform for supplying the low-frequency pulse current". Thus, the light or sound is generated based on the pulse voltage waveform for supplying the low-frequency pulse current. Yamazaki teaches the opposite of Applicant's claimed invention. (page 6, 12/10/2025 Remarks)
The Examiner finds this argument persuasive for claim 1 (and by extension claims 2-9). The claim language in independent claims 1, 8, and 9 establishes the audio or visual (light) outputs are generated and respond to changes in the electrical stimulation waveform. Conceptually, the inverse of this relationship is presented in Yamazaki where the intended audio is used to generate the synchronized electrical stimulation and light outputs. As stated before, the conversion of an electrical signal into an equivalent audio or light signal is interpreted as a different process (with a corresponding different structure) than the conversion of an audio signal into an equivalent electrical or light signal. Therefore, the rejections of claims 1-9 are withdrawn.
However, it should be noted that claims 1, 8, and 9 contain statements to the effect of “configured to output, during supply of the low-frequency pulse current by the pad portion, at least one of light and sound” or “at least one of a light emitter and a sound emitter.” The instant specification at [0014] states:
In the low-frequency treatment device according to the aspect described above, for example, a control unit is provided that is configured to perform control of supply of the low-frequency pulse current by the pad portion and control, in conjunction with the control of supply of the low-frequency pulse current, of output of at least one of the light and sound by the output unit. According to the configuration, the light or sound synchronized with a change in a supply state of the low-frequency pulse current can be output.
Additionally, the identical phrase “at least one of … and …” is used in other instances within the specification (see [0025], [0026], [0027], [0049], and [0087]), where the phrasing is readily interpretable as requiring only one of the items on the list of parameters. Therefore, the limitation “an output unit including at least one of a light emitter … and a sound emitter including a speaker” is interpreted as a device having either a light emitter, sound emitter, or both and the limitation “wherein at least one of the light and sound is generated based on a pulse voltage waveform for supplying the low-frequency pulse current” is interpreted as producing an output of light, sound, or both. As a point of comparison, claims 20-22 present a device whose output is only claimed as a sound emitted by a speaker while claims 1, 8 and 9 present a device with either light or sound outputs. Given this, claims 1, 8, and 9 could merely be describing a device with electrical stimulation with a synchronized indicator light. Therefore, upon further consideration, a new ground(s) of rejection is made in view of Cywinski (US 5,350,415), see “Claim Rejections - 35 USC § 103” section.
For the remaining claims, Applicant argues “Applicant's claims 8-13 and 18-20 recite features similar to those recited in claim 1. Therefore, for at least these reasons, Applicant respectfully submits that Applicant's claims 1, 8-13, and 18-22, together with claims dependent thereon, are patentable over the cited art” (page 6, 12/10/2025 Remarks). This argument is not persuasive for independent claims 10, 11, 12, 13, 18, and 19. It should be noted that independent claims 10, 11, 12, 13, 18, and 19 are not interpreted as requiring the electrical stimulation as being used to generate the light and audio signals.
Claims 10, 11, and 12 use a common claim limitation structure “configured to output, during supply of the low-frequency pulse current by the pad portion, at least one of light and sound synchronized with a change in a supply state of the low-frequency pulse current including a supply position of the low-frequency pulse current in the pad portion” (claim 10 limitation). Claims 13, 18, and 19 use a common claim limitation structure summarized with “disposed in the pad portion and configured to output, during supply of the low-frequency pulse current by the pad portion, at least one of light and sound synchronized with a change in a supply state of the low-frequency pulse current” (claim 13 limitation). These limitations are interpreted as only requiring these signals are synchronized, which is disclosed in Yamazaki (changes seen in the electrical stimulation signal waveform are reflected in the audio and light signals because all the signals are synchronized). These claims do not have the “generated based on” language in claims 1, 8, and 9 or the “depending on” language in claims 20-22 which establish the sound and light depend on the electrical stimulation and were effective in Applicant’s arguments for those claims. Therefore, the rejections of claims 10-19 are maintained (see “Claim Rejections - 35 USC § 103”).
Summary: The 35 U.S.C. § 103 rejections of claims 1-9 and 20-22 are withdrawn. No combination of prior art references could be found which teach all the limitations of claims 20-22 (see “Prior Art Rejections”). New 35 U.S.C. § 103 rejections of claims 1-9 in view of Cywinski are added (see “Claim Rejections - 35 USC § 103”). The 35 U.S.C. § 103 rejections of claims 10-19 are maintained (see “Claim Rejections - 35 USC § 103”).
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 1-9 and 20-22 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.
Claims 1, 8, and 9: The limitation “at least one of light and sound synchronized with a change in a supply state of the low-frequency pulse current including stimulation intensity by the low-frequency pulse current to the contact target” renders the claim indefinite. It is unclear if the stimulation intensity is required or that the synchronization occurs with some other change in supply state metrics (which is stated by the claim as only including the stimulation intensity). The clarity of the claims would benefit from specifying whether the stimulation intensity is being synchronized in claims 1, 8, and 9.
Claims 20-22: The limitation “an output unit including at least one of a light emitter and a sound emitter including a speaker” renders the claim indefinite. It is unclear whether a sound emitter is required based on the above structural limitation even though only the sound output is subsequently claimed. The instant specification at [0014] states:
In the low-frequency treatment device according to the aspect described above, for example, a control unit is provided that is configured to perform control of supply of the low-frequency pulse current by the pad portion and control, in conjunction with the control of supply of the low-frequency pulse current, of output of at least one of the light and sound by the output unit. According to the configuration, the light or sound synchronized with a change in a supply state of the low-frequency pulse current can be output.
Additionally, the identical phrase “at least one of … and …” is used in other instances within the specification:
[0025] – “output light changing at least one of the color, brightness, and area”
[0026] – “be configured to output light having color that changes depending on at least one of intensity and waveform of the low-frequency pulse current. According to this configuration, the difference in treatment content according to the intensity or waveform of the low-frequency pulse current is visually emphasized”
[0027] – “output sound with changing at least one of the sound pressure, pitch, and tone color”
[0049] – “at least one of a frequency (i.e., a period) of the low-frequency pulse current, a voltage of the low-frequency pulse current, and a pulse width of the low-frequency pulse current”
[0087] – “Also, the main body portion 3 adjusts the stimulation intensity by changing at least one of the amplitude V, the pulse width W, and the pulse period T of the pulse voltage. For example, as the amplitude V of the pulse voltage is larger, as the pulse width W is larger, or as the pulse period T (the higher the pulse frequency) is shorter, the stimulation intensity applied by the pad 21 to the user is higher”
The use of “at least one of … and …” in the above examples is readily interpreted as requiring only one of the items on the list of parameters. Therefore, the limitation “an output unit including at least one of a light emitter and a sound emitter including a speaker” is interpreted as a device having either a light emitter, sound emitter, or both. The output is required to have a sound emitted from the speaker where it is unclear if the speaker is required. The clarity of the claims would benefit from specifying whether a sound emitter is required in claims 20-22.
Dependent claims 2-7 are rejected for being dependent on rejected claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-6 and 8-9 are rejected under U.S.C 103 as being unpatentable over Yamazaki (US PG Pub 2015/0343214 A1, see previously cited) in view of Matsushita (US PG Pub 2018/0296831 A1, see previously cited), Mueller (US PG Pub 2010/0042180 A1, see previously cited), and Cywinski (US 5,350,415, see “Notice of References Cited).
Regarding Claim 1, Yamazaki discloses a low-frequency treatment device ([0014]), comprising:
• a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or
less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin); and
• an output unit ([0022] – output circuits)
• including at least one of a light emitter ([0073]), and a sound emitter ([0038]), contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”)
• configured to output ([0022] – output circuits), during supply of the low-frequency pulse current by the pad portion ([0023]), at least one of light and sound synchronized ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”) with a change in a supply state of the low-frequency pulse current including stimulation intensity by the low-frequency pulse current to the contact target ([0114] – amplitude is a component of the stimulation signal: “In short, according to the low-frequency application device 21, the stimulation of the low-frequency voltage can be changed according to the magnitude of the level of the amplitude of the audio signal”);
Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker ([0033-0034]). Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target. Additionally, Yamazaki does not disclose wherein at least one of the light and sound is generated based on a pulse voltage waveform for supplying the low-frequency pulse current.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the device incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the device in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue (Col 1, Lines 6-13), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Cywinski, in the same field of endeavor of electrical stimulation of tissue (Col 1, Lines 6-13), teaches an electrical stimulator placed over the skin (Col 6, Lines 3-13) with LED display monitoring lights 14 driven by pulse signals from the electrical stimulation to synchronously change in relation to the electrical signal (Col 6, Lines 23-40). This display is meant for visual monitoring of the electrical stimulation provided by the device (Col 8, Lines 1-17). Note that only a light waveform determined by the electrical stimulation waveform is interpreted as necessary for the claim. An audio waveform determined by the electrical stimulation waveform was not found during a prior art search (see “Prior Art Rejections” at the end of this action for details).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s electrical stimulation device with an LED indicator by incorporating a synchronized LED indicator for an electrical muscle stimulator in Cywinski. This would have been obvious because both Yamazaki and Cywinski provide electrical stimulation and have an LED indicator and Cywinski provides a solution/improvement which provides a synchronized visual indicator for tracking a signal originating from the electrical stimulation signal. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Yamazaki by incorporating a synchronized LED indicator for an electrical muscle stimulator in Cywinski.
Therefore, Claim 1 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 2, the low-frequency treatment device according to Claim 1 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski, as indicated hereinabove. Yamazaki further discloses one or more processors ([0058-0062] – processing steps to determine control signal) configured to perform control of supply of the low-frequency pulse current by the pad portion and control ([0062] - trigger signal developed for electrical stimulation), in conjunction with the control of supply of the low-frequency pulse current, of output of at least one of the light and sound by the output unit ([0065] – Sound; [0073] – Light).
Therefore, Claim 2 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 3, the low-frequency treatment device according to Claim 1 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski, as indicated hereinabove. Yamazaki further discloses the stimulation intensity includes a frequency of the low-frequency pulse current ([0015] – described as use of a low frequency current).
Therefore, Claim 3 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 4, the low-frequency treatment device according to Claim 1 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski, as indicated hereinabove. Yamazaki further discloses the stimulation intensity includes a voltage of the low-frequency pulse current ([0015] – described as use of a low frequency voltage to supply current).
Therefore, Claim 4 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 5, the low-frequency treatment device according to Claim 1 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski, as indicated hereinabove. Yamazaki further discloses the stimulation intensity includes a pulse width of the low-frequency pulse current ([0016] – pulse width adjustable).
Therefore, Claim 5 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 6, the low-frequency treatment device according to Claim 1 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski, as indicated hereinabove. Yamazaki further discloses the output unit is configured to output ([0022] – output circuits) light changing at least one of the color, brightness, and area in synchronization with a change in a supply state of the low-frequency pulse current ([0073] – the LED receives the trigger signal: “In the case of making the LED 151 blink as described above, it is only necessary to output the trigger signals generated by the first to third AID converters 132A to 132C, to a signal controller 175; [0115-1116] - the trigger signal has a variable voltage amplitude, which would affect brightness of the LED).
Therefore, Claim 6 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 8, Yamazaki discloses a control method of a low-frequency treatment device ([0014] – method used to control the low-frequency device) including a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin) including at least one of a light emitter ([0073]) and a sound emitter including a speaker ([0038]), the control method comprising:
• controlling the pad portion to supply the low-frequency pulse current ([0023]), and
• generating at least one of light emitted by the light emitter and sound emitted by the speaker contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), the at least one of the light and the sound that is generated is synchronized with a change in a supply state of the low- frequency pulse current ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120”; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”) including stimulation intensity by the low-frequency pulse current to the contact target and controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion ([0114] – amplitude is a component of the stimulation signal: “In short, according to the low-frequency application device 21, the stimulation of the low-frequency voltage can be changed according to the magnitude of the level of the amplitude of the audio signal”).
Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target. Additionally, Yamazaki does not disclose generating based on a pulse voltage waveform for supplying the low-frequency pulse current
[…] at least one of the light and sound synchronized with a change in a supply state of the low-frequency pulse current.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the method incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the method in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the method incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the method in Yamazaki.
Cywinski, in the same field of endeavor of electrical stimulation of tissue (Col 1, Lines 6-13), teaches an electrical stimulator placed over the skin (Col 6, Lines 3-13) with LED display monitoring lights 14 driven by pulse signals from the electrical stimulation to synchronously change in relation to the electrical signal (Col 6, Lines 23-40). This display is meant for visual monitoring of the electrical stimulation provided by the device (Col 8, Lines 1-17). Note that only a light waveform determined by the electrical stimulation waveform is interpreted as necessary for the claim. An audio waveform determined by the electrical stimulation waveform was not found during a prior art search (see “Prior Art Rejections” at the end of this action for details).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s electrical stimulation device method with an LED indicator by incorporating a synchronized LED indicator for an electrical muscle stimulator in Cywinski. This would have been obvious because both Yamazaki and Cywinski provide electrical stimulation and have an LED indicator and Cywinski provides a solution/improvement which provides a synchronized visual indicator for tracking a signal originating from the electrical stimulation signal. Therefore, a person of ordinary skill in the art would be motivated to improve the method of Yamazaki by incorporating a synchronized LED indicator for an electrical muscle stimulator in Cywinski.
Therefore, Claim 8 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Regarding Claim 9, Yamazaki discloses a non-transitory recording medium ([0079]) in which a control program ([0080-0082]) of a low-frequency treatment device is stored, the low-frequency treatment device including a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin); including at least one of a light emitter ([0073]), and a sound emitter including a speaker ([0038]), the control program allowing a computer to execute:
• controlling the pad portion to supply the low-frequency pulse current ([0023]); and
• generating at least one of light emitted by the light emitter and sound emitted by the speaker contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), and the at least one of the light and the sound is synchronized with a change in a supply state of the low-frequency pulse current ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120”; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”) including stimulation intensity by the low-frequency pulse current to the contact target and controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion ([0114] – amplitude is a component of the stimulation signal: “In short, according to the low-frequency application device 21, the stimulation of the low-frequency voltage can be changed according to the magnitude of the level of the amplitude of the audio signal”).
Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker ([0033-0034]). Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target. Additionally, Yamazaki does not disclose generating based on a pulse voltage waveform for supplying the low-frequency pulse current […] at least one of the light and sound synchronized with a change in a supply state of the low-frequency pulse current.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the device incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the device in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Cywinski, in the same field of endeavor of electrical stimulation of tissue (Col 1, Lines 6-13), teaches an electrical stimulator placed over the skin (Col 6, Lines 3-13) with LED display monitoring lights 14 driven by pulse signals from the electrical stimulation to synchronously change in relation to the electrical signal (Col 6, Lines 23-40). This display is meant for visual monitoring of the electrical stimulation provided by the device (Col 8, Lines 1-17). Note that only a light waveform determined by the electrical stimulation waveform is interpreted as necessary for the claim. An audio waveform determined by the electrical stimulation waveform was not found during a prior art search (see “Prior Art Rejections” at the end of this action for details).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s electrical stimulation device with an LED indicator by incorporating a synchronized LED indicator for an electrical muscle stimulator in Cywinski. This would have been obvious because both Yamazaki and Cywinski provide electrical stimulation and have an LED indicator and Cywinski provides a solution/improvement which provides a synchronized visual indicator for tracking a signal originating from the electrical stimulation signal. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Yamazaki by incorporating a synchronized LED indicator for an electrical muscle stimulator in Cywinski.
Therefore, Claim 9 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski.
Claim 7 is rejected under U.S.C 103 as being unpatentable over Yamazaki (US PG Pub 2015/0343214 A1, see previously cited) in view of Matsushita (US PG Pub 2018/0296831 A1, see previously cited), Mueller (US PG Pub 2010/0042180 A1, see previously cited), Cywinski (US 5,350,415, see “Notice of References Cited), and Malchano (US PG Pub 2018/0133507 A1, see previously cited).
Regarding Claim 7, the low-frequency treatment device according to Claim 6 is obvious over Yamazaki in view of Matsushita, Mueller, and Cywinski, as indicated hereinabove. Yamazaki further discloses the output unit is configured to output (using control unit 300) light that changes in intensity depending on at least one of intensity and waveform of the low-frequency pulse current ([0114] – amplitude is a component of the stimulation signal: “In short, according to the low-frequency application device 21, the stimulation of the low-frequency voltage can be changed according to the magnitude of the level of the amplitude of the audio signal”). However, Yamazaki does not disclose light of a changing color.
Malchano, in the same field of endeavor of providing light ([0007]), sound ([0009]), and electrical stimulation ([0013]) for nerve activation, teaches a light stimulation which can vary color based on treatment ([0112] – “the modality of therapy neural stimuli may be the visual stimulation modality, and the therapy parameter may include at least one of a color or an image selection. In some embodiments, the modality of the therapy neural stimuli may be the peripheral neural stimulation modality, and the therapy parameter may be a location”). Note Malchano synchronizes the application of different stimuli based on inherent nerve activity ([0045] – “The stimulus control module can determine an adjustment to the external stimuli based on the artefact identified by the neural oscillation monitor, the phase differences between the neural oscillation measurements, and the stimulus generation policy. The stimulus generator module can adjust the stimuli waveform based on the adjustment determined by the stimulus control module”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s stimulation device with a light emitting device to incorporate the light stimulation which can be controlled to emit different colors in Malchano. This would have been obvious because both Yamazaki and Malchano discuss controlling light stimulators and Malchano provides a solution/improvement to incorporating light stimulation with a specific color as another mechanism to provoke a specific nervous response. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Yamazaki by incorporating the light stimulation which can be controlled to emit different colors in Malchano.
Therefore, Claim 7 is obvious over Yamazaki in view of Matsushita, Mueller, Cywinski, and Malchano.
Claims 10-15 and 18-19 are rejected under U.S.C 103 as being unpatentable over Yamazaki (US PG Pub 2015/0343214 A1, see previously cited) in view of Matsushita (US PG Pub 2018/0296831 A1, see previously cited) and Mueller (US PG Pub 2010/0042180 A1, see previously cited).
Regarding Claim 10, Yamazaki discloses a low-frequency treatment device ([0014]), comprising:
• a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin); and
• an output unit ([0022] – output circuits)
• including at least one of a light emitter ([0073]), and a sound emitter ([0038]), contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”)
• configured to output ([0022] – output circuits), during supply of the low-frequency pulse current by the pad portion, at least one of light and sound synchronized ([0065] – Sound; [0073] – Light) with a change in a supply state of the low-frequency pulse current including a supply position of the low-frequency pulse current in the pad portion ([0062] - trigger signal developed for electrical stimulation).
Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker ([0033-0034]). Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the device incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the device in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Therefore, Claim 10 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 11, Yamazaki discloses a control method of a low-frequency treatment device ([0014] – method used to control the low-frequency device) including a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin) and an output unit ([0022] – output circuits), including at least one of a light emitter ([0073]) and a sound emitter ([0038]), the control method comprising:
• controlling the pad portion to supply the low-frequency pulse current ([0023]); and
• controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion ([0033-0034] - Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker, meaning a signal is fed into the visual, audio, and electrical stimulation components), at least one of light emitted by the light emitter and sound emitted by the speaker contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), and the at least one of the light and the sound is synchronized with a change in a supply state of the low-frequency pulse current including a supply position of the low-frequency pulse current in the pad portion ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120”; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”).
Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the method incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the method in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the method incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the method in Yamazaki.
Therefore, Claim 11 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 12, Yamazaki discloses a non-transitory recording medium ([0079]) in which a control program ([0080-0082]) of a low-frequency treatment device is stored the low-frequency treatment device including a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin); including at least one of a light emitter ([0073]), and a sound emitter ([0038]), the control program allowing a computer to execute:
• controlling the pad portion to supply the low-frequency pulse current ([0023]); and
• controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion ([0033-0034] - Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker, meaning a signal is fed into the visual, audio, and electrical stimulation components), at least one of light and sound emitted by the speaker contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), and the at least one of the light and the sound is synchronized with a change in a supply state of the low-frequency pulse current including a supply position of the low-frequency pulse current in the pad portion ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120”; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”).
Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the device incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the device in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Therefore, Claim 12 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 13, Yamazaki discloses a low-frequency treatment device ([0014]), comprising:
• a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target [0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin); and
• an output unit ([0022] – output circuits), including at least one of a light emitter ([0073]), and a sound emitter ([0038]), contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”) disposed in the pad portion (Figure 1, [0065] – electrode pads 3 and 4 placed in device with electrical stimulator, LED’s and audio output) and configured to output ([0022] – output circuits), during supply of the low-frequency pulse current by the pad portion ([0033-0034] - Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker, meaning a signal is fed into the visual, audio, and electrical stimulation components), at least one of light and sound synchronized with a change in a supply state of the low-frequency pulse current ([0065] – Sound; [0073] – Light).
Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the device incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the device in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Therefore, Claim 13 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 14, the low-frequency treatment device according to Claim 13 is obvious over Yamazaki in view of Matsushita and Mueller, as indicated hereinabove. Yamazaki further discloses:
• the pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) includes an electrode configured to be able to supply the low-frequency pulse current ([0063-0064] – the output circuit 140 controls the signal that reaches the electrodes), and
• the output unit is disposed at a position corresponding to the position of the electrode in the pad portion (Figure 1, [0023] – electrode pads 3 and 4 attach to the output unit via electrode terminals) and includes a light emitting unit configured to emit light [(0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), in synchronization with supply of the low-frequency pulse current by the electrode ([0073] – “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”).
Therefore, Claim 14 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 15, the low-frequency treatment device according to Claim 14 is obvious over Yamazaki in view of Matsushita and Mueller, as indicated hereinabove. Yamazaki further discloses:
• the pad portion includes a plurality of electrodes ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply the low-frequency pulse current ([0063-0064] – the output circuit 140 controls the signal that reaches the electrodes), and
• the output unit is disposed at a position corresponding to the position of each of the plurality of electrodes in the pad portion (Figure 1, [0023] – electrode pads 3 and 4 attach to the output unit via electrode terminals) and includes a plurality of light emitting units [(0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), configured to respectively emit light in synchronization with supply of the low-frequency pulse current by the corresponding electrodes ([0073] – LED, [0074] – LCD).
Therefore, Claim 15 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 18, Yamazaki discloses a control method of a low-frequency treatment device ([0014] – method used to control the low-frequency device) including a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin) and an output unit ([0022] – output circuits), including at least one of a light emitter ([0073]) and a sound emitter including a speaker ([0038]), disposed in the pad portion ([0022]), the control method comprising:
• controlling the pad portion to supply the low-frequency pulse current ([0023]); and
• controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion ([0033-0034] - Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker, meaning a signal is fed into the visual, audio, and electrical stimulation components), at least one of light emitted by the light emitter and sound emitted by the speaker contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), and the at least one of the light and the sound is synchronized with a change in a supply state of the low-frequency pulse current ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120”; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”).
Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the method incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the method in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the method incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the method in Yamazaki.
Therefore, Claim 18 is obvious over Yamazaki in view of Matsushita and Mueller.
Regarding Claim 19, Yamazaki discloses a non-transitory recording medium ([0079]) in which a control program ([0080-0082]) of a low-frequency treatment device is stored, the low-frequency treatment device including a pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”) configured to be able to supply a low-frequency pulse current to a contact target ([0015] – pulsed current supplied to a target via electrodes, [0023] – target on the skin), and an output unit ([0022] – output circuits), including at least one of a light emitter ([0073]) and a sound emitter ([0038]), disposed in the pad portion ([0022]), the control program allowing a computer to execute:
• controlling the pad portion to supply the low-frequency pulse current ([0023]); and
• controlling the output unit to output, during supply of the low-frequency pulse current by the pad portion ([0033-0034] - Note an audio file has an equivalent trigger signal used to generate electrical stimulation and play an audio file via speaker, meaning a signal is fed into the visual, audio, and electrical stimulation components), at least one of light emitted by the light emitter and sound emitted by the speaker contained on the low-frequency application device ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0038] – speaker built in device 1; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”), and the at least one of the light and the sound is synchronized with a change in a supply state of the low-frequency pulse current ([0065] – Sound: “As a result, the low-frequency voltages are applied to the first to third electrode terminals 143A to 143C in synchronization with the audio signals outputted from the sound processer 114 to the audio output circuit 120”; [0073] – Light: “The LED 151 can be made to blink to be synchronous with the audio signals outputted to the audio output circuit 120 or the trigger signal generation circuit 130”).
Yamazaki does not disclose a light emitter which is positioned on a side of the pad portion that is opposite to a side of the pad portion that supplies the low-frequency pulse current to the contact target and a speaker positioned on the side of the pad portion that is opposite to the side of the pad portion that supplies the low-frequency pulse current to the contact target.
Matsushita, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches a speaker placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4A-4C, [0466] – placement of speaker) for user notification purposes ([0160]). A person of ordinary skill in the art would have found, in light of the device incorporating a speaker to be heard by the user in Yamazaki, the positioning of the speaker placement on the opposite side of the device relative to electrical stimulation in Matsushita (facing away toward the air to be carried to the user) to be obvious. The speaker placement in Matsushita would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the speaker can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the speaker placement in Matsushita in light of the device in Yamazaki.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Therefore, Claim 19 is obvious over Yamazaki in view of Matsushita and Mueller.
Claim 16 is rejected under U.S.C 103 as being unpatentable over Yamazaki (US PG Pub 2015/0343214 A1, see previously cited) in view of Matsushita (US PG Pub 2018/0296831 A1, see previously cited), Mueller (US PG Pub 2010/0042180 A1, see previously cited) and Rhodes (US PG Pub 2016/0346565 A1, see previously cited).
Regarding Claim 16, the low-frequency treatment device according to Claim 14 is obvious over Yamazaki in view of Matsushita and Mueller, as indicated hereinabove. Yamazaki further discloses:
• the pad portion ([0023] – “The low-frequency application device 1 can apply a low to middle-frequency voltage (hereinafter, referred to as a "low-frequency voltage") of about 10 kHz or less to a skin surface of a person to be treated via detachable electrode pads 3, 4”)
Yamazaki does not disclose light being able to pass through a surface opposite to the contact target and an insulating layer, covering the electrode, which includes a transparent member configured to diffuse light of the light emitting unit.
Mueller, in the same field of endeavor of electrical stimulation of tissue ([0002]), teaches an LED indicator placed facing away from the tissue being stimulated by the electrical stimulator (Figure 4, [0062] – placement of LED indicator) for user notification purposes ([0062]). A person of ordinary skill in the art would have found, in light of the device incorporating a visual indicator to be seen by the user in Yamazaki, the positioning of the indicator placement on the opposite side of the device relative to electrical stimulation in Mueller (facing away toward the air to be carried to the user) to be obvious. The LED indicator placement in Mueller would be recognized as a solution with a reasonable degree of success and would be included in a finite number of locations on the device the indicator can be placed. Therefore, a person of ordinary skill in the art would be motivated to try the indicator placement in Mueller in light of the device in Yamazaki.
Rhodes, in the same field of endeavor of providing light stimulation ([0003]), teaches a light stimulator with an optical layer which is made of a light diffuser ([0068] – “In addition to the EMR delivery system 20, this embodiment contains an optical layer 16 within the cup 70 that serves as a diffuser 72 that diffuses the therapeutic EMR 24 such that the therapeutic EMR 24 is distributed relatively evenly over the surface of the wound area 32 covered by the wound dressing assembly 10”). The optical layer can be optically clear, which is interpreted as transparent ([0050] – “The optical layer 16 may have at least an optical portion comprising at least one of an optically clear material, a translucent material, and a semi-opaque material, each such material allows the therapeutic EMR to pass through with minimal optical obstruction”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s stimulation device containing a light emitting unit by incorporating the light diffusing layer in Rhodes. This would have been obvious because both Yamazaki and Rhodes discuss controlling light stimulators and Rhodes provides a solution/improvement for providing more evenly distributed light emitted toward a tissue. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Yamazaki by incorporating the light emitting device covered with a light diffuser in Rhodes.
Therefore, Claim 16 is obvious over Yamazaki in view of Matsushita, Mueller, and Rhodes.
Claim 17 is rejected under U.S.C 103 as being unpatentable over Yamazaki (US PG Pub 2015/0343214 A1, see previously cited) in view of Matsushita (US PG Pub 2018/0296831 A1, see previously cited), Mueller (US PG Pub 2010/0042180 A1, see previously cited), Rhodes (US PG Pub 2016/0346565 A1, see previously cited), and Castel (US PG Pub 2019/0366115 A1, see previously cited).
Regarding Claim 17, the low-frequency treatment device according to Claim 14 is obvious over Yamazaki in view of Matsushita and Mueller, as indicated hereinabove. Yamazaki further discloses the use of an electrical stimulator and light applicator positioned in the same applied patch ([0022] – “As illustrated in FIG. 1, the low-frequency application device 1 includes a sound source input circuit 110, an audio output circuit 120, a trigger signal generation circuit 130, an EMS output circuit 140, a display 150, a button 160, and a controller 170”; [0071] – “The display 150 includes an LED (Light Emitting Diode) 151 and an LCD (Liquid Crystal Display) 152”). Yamazaki does not disclose the electrode is formed of a transparent conductive film configured to diffuse light of the light emitting unit.
Castel, in the same field of endeavor of providing light stimulation ([0003]), teaches transparent electrodes made of conductive layers ([0068] – “In some embodiments, the conductive materials of one or both of the electrodes may include, but are not limited to, transparent conductive polymer materials”), interpreted as being in a film layer, paired with light sources so that light can pass through electrodes to the patient ([0066] – “Because the light source must emit light through one or both electrodes, at least one of the electrodes must be transparent”). Therefore, transparent film electrodes can be combined for use with light sources.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s stimulation device by incorporating the transparent film electrodes which allow light to pass during light therapy in Castel. This would have been obvious because both Yamazaki and Castel discuss controlling light stimulators and Castel provides a solution/improvement to allow for transparent electrodes which do not block light therapy from reaching the patient. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Yamazaki by incorporating the transparent film stimulation electrodes which allow light to pass during light therapy in Castel. However, Castel does not explicitly teach a configuration to diffuse light.
Rhodes, in the same field of endeavor of providing light stimulation ([0003]), teaches a light stimulator with an optical layer which is made of a light diffuser ([0068] – “In addition to the EMR delivery system 20, this embodiment contains an optical layer 16 within the cup 70 that serves as a diffuser 72 that diffuses the therapeutic EMR 24 such that the therapeutic EMR 24 is distributed relatively evenly over the surface of the wound area 32 covered by the wound dressing assembly 10”). The optical layer can be optically clear, which is interpreted as transparent ([0050] – “The optical layer 16 may have at least an optical portion comprising at least one of an optically clear material, a translucent material, and a semi-opaque material, each such material allows the therapeutic EMR to pass through with minimal optical obstruction”). The optical layer could be applied to the film electrodes to diffuse therapeutic light more evenly.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Yamazaki’s stimulation device containing a light emitting unit by incorporating the light diffusing layer in Rhodes. This would have been obvious because both Yamazaki and Rhodes discuss controlling light stimulators and Rhodes provides a solution/improvement for providing more evenly distributed light emitted toward a tissue. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Yamazaki by incorporating the light emitting device covered with a light diffuser in Rhodes.
Therefore, Claim 17 is obvious over Yamazaki in view of Matsushita, Mueller, Rhodes, and
Castel.
Prior Art Rejections
No prior art references could be found that teach or render obvious all the limitations of claims 20-22 due to the requirement of a “having tone color that changes depending on at least one of intensity and waveform of the low-frequency pulse current” (independent claims 20, 21, and 22, emphasis added). This limitation establishes that the controlling signal is the low-frequency pulse current, where this signal is used to generate the audio signals. By contrast Yamazaki (US PG Pub 2015/0343214 A1) discloses an audio file is used to generate an equivalent trigger signal used to generate electrical stimulation and light ([0034-0035]), where the light and electrical stimulation are synchronized with a sound output ([0065] – electrical stimulation; [0073] – light). The electrical stimulation waveform is not used as a basis to generate the audio signal, meaning Yamazaki does not disclose the instant limitation. Additional searching has highlighted electrical stimulators with synchronized audio and light components (such as US PG Pub’s 2015/036030 A1, 2017/0087364 A1, 2017/0252562 A1, 2018/0133507 A1, 2017/0353807 A1, 2011/0045687 A1). However, these references have a similar deficiency as Yamazaki in that the audio component is used to determine the electrical stimulation or light components (e.g. music is played and the electrical stimulation and light outputs are generated to be synchronized with the audio signal).
No combination of prior art references could be found that teach or render obvious the limitations of instant claims 20-22. Claims 20-22 would be deemed allowable but these claims are currently rejected under 35 USC § 112(b). It should be noted this lack of prior art only applies to the electrical stimulation being used to generate an audio signal. Indicator lights based on and synchronized with an electrical stimulation output are known in the art, such as Cywinski (US 5,350,415).
Contact Information
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/Benjamin A Schmitt/
Examiner
Art Unit 3796
/REX R HOLMES/Primary Examiner, Art Unit 3796