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 .
Status of the Claims
This Office Action is in responsive to the preliminary amendment filed on 9/14/2023. As directed by the Preliminary amendment, no claims were amended. Thus, claims 1-16 are currently pending in this application.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the red, blue, and purple light of claim 2 and the two vibration elements of claim 4 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 8-9, 13-14, and 16 are objected to because of the following informalities:
Claim 1 line 8 recites “the device” and is suggested to read --the skin treatment device-- in order to more clearly reference how the limitation was originally claimed.
Claim 1 lines 10-11 recites “heating or cooling, or microcurrent” and is suggested to read --heating, cooling, or microcurrent-- in order to be grammatically correct.
Claim 8 line 5 recites “the thermal elements” and is suggested to read --the right and the left thermal elements-- in order to more clearly reference how the limitation was originally claimed.
Claim 8 line 6 recites “the two thermal elements” and is suggested to read --the right and the left thermal elements-- in order to more clearly reference how the limitation was originally claimed.
Claim 9 line 3 recites “each fan” and is suggested to read --each of the right and the left fans-- in order to ensure proper antecedent basis.
Claim 9 line 7 recites “the right fan and left fan” and is suggested to read --the right fan and the left fan-- in order to ensure proper antecedent basis.
Claim 13 line 7 recites “each air passageway” and is suggested to read --each of the air passageways-- in order to ensure proper antecedent basis.
Claim 13 line 8 recites “the device” and is suggested to read --the skin treatment device-- in order to more clearly reference how the limitation was originally claimed.
Claim 13 line 9 recites “element” and is suggested to read --elements-- in order to be grammatically correct.
Claim 13 line 10 recites “a respective absorption rod” and is suggested to read --a respective absorption rod of the right and the left absorption rods-- in order to ensure clarity and proper antecedent basis.
Claim 14 lines 4-5 recites “the device” and is suggested to read --the skin treatment device-- in order to more clearly reference how the limitation was originally claimed.
Claim 16 line 8 recites “value cutting” and is suggested to read --value, cutting-- in order to be grammatically correct.
Claim 16 line 12 recites “value cutting” and is suggested to read --value, cutting-- in order to be grammatically correct.
Appropriate correction is required.
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 limitations use 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 limitations are: “thermal element…to deliver heating or cooling, or microcurrent” in claim 1 line 9-11, and “vibration elements…to vibrate” in claim 4 lines 1-3.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
According to the Applicant’s specification para. [0040], “thermal element…to deliver heating or cooling, or microcurrent” in claim 1 line 9-11 is being interpreted as a Peltier element, or equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-16 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 recites the limitations "the operation" in line 8 and “the skin” in line 10. There is insufficient antecedent basis for these limitations in the claim.
Regarding claim 2, the limitations “a red or a blue light” in line 2, “to emit red, blue or mixed red and blue light” in line 2, “a red light, blue light and purple light” in lines 5-6, “a red light” in line 7, “red light” in line 7, “blue light” in line 7, “a blue light” in line 8, “blue light” in line 8, “purple light” in line 8, “both a red and a blue light” in line 9, and “red and blue light” in line 9 are confusing, as it is unclear as to which of these limitations are meant to reference each other, and which are meant to be their own new limitations. Moreover, the limitation “a user” in lines 3 and 5 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “a user” in claim 1. Additionally, claim 2 recites the limitation "the group" in line 5. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the limitation “a current” in lines 7 and 8 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “a current” in claim 6.
Regarding claim 4, the limitation “a corresponding treatment pad” in lines 1-2 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “a treatment pad” in claim 1. Furthermore, the limitation “a vibration element” in lines 2-3 is confusing, as it is unclear as to whether this limitation is meant to be the part of or separate from “two vibration elements” in line 1.
Claim 4 limitation “vibration elements…to vibrate” in lines 1-3 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 5, the limitation “a corresponding thermal element” in line 2 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “a right and a left thermal element” in claim 1. Moreover, claim 5 recites the limitation "the temperature" in line 5. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the limitation “its” in line 3 is confusing, as it is unclear as to what limitation is being referenced.
Regarding claim 6, the limitation "the reported temperatures " in line 2 is confusing, as it is unclear as to whether or not this limitation is meant to be the same as the limitation of “reports the measured temperature” in claim 5. Moreover, the limitation “a corresponding thermal element” in lines 3 and 5 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “a right and a left thermal element” in claim 1. Also, the limitation “if” in lines 3 and 5 is confusing, as it is unclear as to whether the following limitations are required for the claimed invention. Moreover, the limitation “its” in lines 3 and 5 is confusing, as it is unclear as to what limitation is being referenced. Additionally, the limitation “a maximum temperature” in line 3 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “a maximum temperature” in claim 1. Furthermore, the limitation “current” in line 5 is confusing, as it is unclear as to whether this limitation is meant to be the same as or different from “current” in line 3.
Claim 7 recites the limitation "the temperature difference" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 8, the limitation "a threshold value" in line 2 is confusing, as it is unclear as to whether or not this limitation is meant to be the same as the limitation of “a threshold value” in claim 7. Moreover, the limitations “the step” in line 2, “receiving” in line 4, “determining” in line 5, and “cutting” in line 6 are confusing, as it appears to imply a method claim with method steps in a device claim, and thus the scope of the claim is unclear. It is suggested to use claim language such as --configured to-- in order to avoid such indefiniteness. Additionally, the limitation "the reported temperatures " in line 4 is confusing, as it is unclear as to whether or not this limitation is meant to be the same as the limitation of “reports the measured temperature” in claim 5.
Regarding claim 9, the limitation “its” in line 3 is confusing, as it is unclear as to what limitation is being referenced. Claim 9 recites the limitations "the exterior" in line 4 and “the minimum temperature” in line 6. There is insufficient antecedent basis for these limitations in the claim. Moreover, the limitation “detecting” in line 6 is confusing, as it appears to imply a method step in a device claim, and thus the scope of the claim is unclear. It is suggested to use claim language such as --configured to-- in order to avoid such indefiniteness. Furthermore, the limitation "a thermal element" in line 6 is confusing, as it is unclear as to whether or not this limitation is meant to be the same as the limitation of “a right and left thermal element” in claim 1.
Claim 11 recites the limitations "the surface" in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 12, the limitation “the absorption rod” in line 1 is confusing, as it is unclear as to which of the right and left absorption rods of claim 11 is being referenced. Moreover, the phrase "such as" in line 2 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Furthermore, the limitation "the thermal element" in line 2 is confusing, as it is unclear as to which of the right and left thermal elements of claim 1 is being referenced. Additionally, the limitation "the thermal plate" in lines 2-3 is confusing, as it is unclear as to which of the right and left thermal plates of claim 11 is being referenced.
Regarding claim 13, the limitation “the left heat sink rod” in line 5 is confusing, as it is unclear whether this limitation is meant to refer to the left heat sink or the left absorption rod. Moreover, the limitation “a left air passageway” in line 6 is confusing, as it is unclear whether this is meant to be the same as or different from “an air passageway” in line 6. Also, the limitation “the fan” in line 7 is confusing, as it is unclear whether this limitation is meant to refer to the left or the right fan. Claim 13 recites the limitations "the housing" in line 7 and “the exterior” in line 7. There is insufficient antecedent basis for these limitations in the claim. Additionally, the limitation “air to flow” in line 8 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “air to flow” in line 7. Furthermore, the limitations “the air passageway” in lines 8-9 and 10-11 is confusing, as it is unclear whether these are meant to be the same as “an air passageway” in line 6 and/or “a left air passageway” in line 6. Moreover, the limitation “the heatsink” in line 10 is confusing, as it is unclear whether this is meant to be the same as “a right heatsink” in line 3 or “a left heatsink” in line 4.
Claim 14 recites the limitation "the surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. Moreover, the limitation “one or more vents” in line 4 is confusing, as it is unclear whether or not this is meant to include “a vent” in claim 13. Also, the limitation “the fan” in line 5 is confusing, as it is unclear whether this limitation is meant to refer to the left or the right fan of claim 13. Additionally, the limitation “air” in line 5 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “air” in claim 13 Furthermore, the limitations “the air passageway” in line 5 is confusing, as it is unclear whether these are meant to be the same as “an air passageway” and/or “a left air passageway” in claim 13.
Regarding claim 15, the phrase "such as" in line 1 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 16 recites the limitations "the temperatures" in lines 1-2, “the difference” in line 9, and “the hotter” in line 12. There is insufficient antecedent basis for these limitations in the claim. Moreover, the limitation “if” in lines 5 and 9 is confusing, as it is unclear as to whether the following limitations are required for the claimed invention. Additionally, the limitation “the temperature of the bottom side” in line 5 is confusing, as it is unclear if this limitation is meant to be the same as or different from “the temperatures” in lines 1-2 and/or “temperature measurements” in line 3. Furthermore, the limitation “the thermal element” in line 8 is confusing, as it is unclear as to which of the “two thermal elements” in line 2 is being referenced.
Any remaining claims are rejected based on their dependency 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, 5-6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Patz et al. (US 5,800,490) in view of Ein (US 2002/0026226 A1).
Regarding claim 1, as best understood, Patz discloses a skin treatment device (device for providing cooling and/or heating therapy to a human’s body parts, for example on the skin of the leg, ankle, thigh, calf, elbow, wrist, bicep, etc.) (Figs. 1-3; abstract; col. 5, lines 15-19), comprising:
a housing (injury pack holder 10 with outer shell 20 and inner shell 22) (Figs. 1-3; col. 5, lines 29-45);
a power source (battery pack 99, 110 VAC household adapter 160, or 12 VDC auto adapter 170) (Figs. 4-5; col. 8, lines 37-45);
a controller, connected to the power source (on/off switch 101, 163, 173 on the battery pack 99, 110 VAC household adapter 160, or 12 VDC auto adapter 170) (Figs. 4-5; col. 10, lines 66-67; col. 11, lines 28-29, 38-39) that comprises:
a processor (control circuit 152) (Figs. 9, 12a-12b; col. 8, lines 4-17); and
a set of user-selectable controls that enable a user to control the operation of the device (heat/cool switch 102, 164, 174 and temperature adjustment dial 103, 165, 175 allow a user to select a temperature as which the device operates) (Figs. 4-5; col. 10, lines 66-67; col. 11, lines 1-3, 29-32, 37-40);
a right and a left thermal element, each with a bottom side that contacts a treatment pad, wherein during operational use the treatment pad contacts the skin of the user to deliver heating or cooling (each thermoelectric assembly 75 would be in respective left and right module openings 55a, 55b; thermoelectric assemblies 75 have bottom sides contacting a gel pack 95,the gel pack 95 contacting the body part to deliver heating or cooling) (Figs. 1-3, 8; abstract; col. 5, lines 57-60; col. 7, lines 10-20; col. 10, lines 53-60).
Patz does not disclose a memory in communication with the processor for storing program instructions and data; and wherein the instructions are operable to prevent either of the bottom sides of the right and left thermal elements from exceeding a maximum temperature.
However, Ein teaches a thermal apparatus (Ein; abstract) including a memory in communication with the processor for storing program instructions and data (microprocessor has memory that stores a program for adjusting the desired temperatures to the body surface over time) (Ein; para. [0019]; para. [0100]); and wherein the instructions are operable to prevent either of the bottom sides of the right and left thermal elements from exceeding a maximum temperature (controller has switches responsive to the actual temperature detected, and disconnects the power unit when the actual temperature is above a maximum temperature, such that a desired temperature is delivered from the bottom of the TE device 52 to the body surface) (Ein; para. [0018]; para. [0095]).
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 Patz controller to include a memory in communication with the processor for storing program instructions and data; and wherein the instructions are operable to prevent either of the bottom sides of the right and left thermal elements from exceeding a maximum temperature, as taught by Ein, for the purpose of ensuring the deice delivers heating or cooling to the body surface in response to the desired temperature (Ein; para. [0018]; para. [0095]).
Regarding claim 5, as best understood, the modified Patz teaches further comprising: two temperature sensors, each in proximity to a corresponding thermal element, each of which measure the temperature of the corresponding thermal element at its bottom side and reports the measured temperature to the controller (each thermoelectric assembly 75 has a thermistor 104 to measure temperature at the bottom of the thermoelectric assembly 75 at a second plate 88, and that communicates with the control circuit 152) (Patz; Figs. 6, 8, 11; col. 7, lines 53-67; col. 8, lines 1-3).
Regarding claim 6, as best understood, the modified Patz teaches wherein the instructions are further operable to: receive the reported temperatures from the two temperature sensors; cut off current to a corresponding thermal element if its bottom side exceeds a maximum temperature, and cut off current to a corresponding thermal element if its bottom side exceeds a minimum temperature (the modified Patz thermistors 104 would have sent their measured temperatures of the second plates 88 to the modified control circuit 152, which would disconnect power to the thermoelectric assembly if a temperature was above a maximum or below a minimum temperature, as taught by Ein) (Patz, Figs. 6, 8, and 11, col. 7 lines 53-67, col. 8, lines 1-3; Ein, para. [0018], para. [0095]).
Regarding claim 10, the modified Patz teaches wherein the right and the left thermal elements are each implemented by a Peltier element (thermoelectric assemblies 75 each contain a Peltier device 85) (Patz; Figs. 6, 8, 11; abstract; col. 6, lines 17-25).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 1 above, and further in view of Fei (US 2013/0282081 A1).
Regarding claim 2, as best understood, the modified Patz teaches the invention as previously claimed, but does not teach further comprising: a red or a blue light, operable to emit red, blue or mixed red and blue light, onto the skin of a user; wherein the user-selectable controls include a light therapy control, and wherein the light therapy control enables a user to select a setting from among the group consisting of a red light, blue light and purple light, and (1) when the user selects the red light setting a current is supplied to a red light which in turn emits red light, (2) when the user selects blue light a current is supplied to a blue light which in turn emits blue light, and (3) when the user selects purple light a current is supplied to both a red light and a blue light which in turn emits red and blue light.
However, Fei teaches a medical photothermal moxibustion instrument (Fei; abstract) further comprising: a red or a blue light, operable to emit red, blue or mixed red and blue light, onto the skin of a user; wherein the user-selectable controls include a light therapy control, and wherein the light therapy control enables a user to select a setting from among the group consisting of a red light, blue light and purple light, and (1) when the user selects the red light setting a current is supplied to a red light which in turn emits red light, (2) when the user selects blue light a current is supplied to a blue light which in turn emits blue light, and (3) when the user selects purple light a current is supplied to both a red light and a blue light which in turn emits red and blue light (light emitting diodes may emit one or more of blue, red, purple, etc., wherein the color can be adjusted by a working current; as the working current can be changed, there must be a control means by which a user can change it) (Fei; para. [0011]; para. [0024]).
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 Patz device to include a red or a blue light, operable to emit red, blue or mixed red and blue light, onto the skin of a user; wherein the user-selectable controls include a light therapy control, and wherein the light therapy control enables a user to select a setting from among the group consisting of a red light, blue light and purple light, and (1) when the user selects the red light setting a current is supplied to a red light which in turn emits red light, (2) when the user selects blue light a current is supplied to a blue light which in turn emits blue light, and (3) when the user selects purple light a current is supplied to both a red light and a blue light which in turn emits red and blue light, as taught by Fei, for the purpose of enabling the device to help treat different diseases and viscera (Fei; para. [0011]).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 1 above, and further in view of Kennedy et al. (US 2014/0128780 A1).
Regarding claim 3, the modified Patz teaches the invention as previously claimed, but does not teach wherein the user interface further comprises: a vibration control.
However, Kennedy teaches a skin treatment device (Kennedy; abstract) wherein the user interface further comprises: a vibration control (vibration control for controlling the amount of vibration) (Kennedy; para. [0029]).
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 Patz user interface to include a vibration control, as taught by Kennedy, for the purpose of enabling the device to treat cosmetic or dermatological conditions that can benefit from vibration energies (Kennedy; para. [0037]).
Regarding claim 4, as best understood, the modified Patz teaches further comprising two vibration elements, each in contact with a corresponding treatment pad, wherein when the user activates the vibration control a vibration element causes the corresponding treatment pad to vibrate (in the modification of Patz with Kennedy, a Kennedy vibrator 42 would have been placed in each Patz thermoelectric assembly 75; Kennedy vibrator 42 contacts the PCB 40/potting 30 structure, which combined vibrates as a treatment pad) (Patz, Figs. 1-3, 6, 8, and 11; Kennedy, Figs. 5-8, para. [0027]).
Claim 7-8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 5 above, and further in view of Nardo et al. (US 2021/0236326 A1).
Regarding claims 7-8, as best understood, the modified Patz teaches the invention as previously claimed, but does not teach wherein the instructions are further operable to: maintain the temperature difference between the bottom sides of the right and left thermal elements within a threshold value; wherein maintaining the temperature difference between the bottom sides of the right and left thermal elements within a threshold value comprises the steps of: receiving by the processor the reported temperatures from the two temperature sensors; determining which of the two bottom sides of the thermal elements is hotter; and cutting off the current to the hotter of the two thermal elements.
However, Nardo teaches a patient warming system (Nardo; abstract) including wherein the instructions are further operable to: maintain the temperature difference between the bottom sides of the right and left thermal elements within a threshold value; wherein maintaining the temperature difference between the bottom sides of the right and left thermal elements within a threshold value comprises the steps of: receiving by the processor the reported temperatures from the two temperature sensors; determining which of the two bottom sides of the thermal elements is hotter; and cutting off the current to the hotter of the two thermal elements (when the multiple heating elements are controlled in a floating manner by the controller 202, if the temperature sensors of the respective heating elements detect a temperature difference between their sides, i.e. a threshold value of more than 0 degrees, the power to the hotter heating element can be cut to 0%) (Nardo; paras. [0157-0159]).
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 Patz instructions to include wherein the instructions are further operable to: maintain the temperature difference between the bottom sides of the right and left thermal elements within a threshold value; wherein maintaining the temperature difference between the bottom sides of the right and left thermal elements within a threshold value comprises the steps of: receiving by the processor the reported temperatures from the two temperature sensors; determining which of the two bottom sides of the thermal elements is hotter; and cutting off the current to the hotter of the two thermal elements, as taught by Nardo, for the purpose of providing flexibility to heat different zones while also preventing the different zones from heating to substantially different temperatures (Nardo; para. [0160]).
Regarding claim 16, as best understood, Patz discloses a processor-implemented method performed by a skin treatment device to manage the temperatures of two thermal elements (control circuit 152 of a device for providing cooling or heating therapy to a body part, which includes thermoelectric assemblies 75 in respective left and right module openings 55a, 55b; control circuit 152 controls the Peltier device 85 of each thermoelectric assembly 75) (Figs. 1-3, 9, 12a-12b; abstract; col. 5, lines 15-19, 57-60; col. 7, lines 10-20; col. 8, lines 4-17), comprising:
receiving temperature measurements of a bottom side for each of the two thermal elements (each thermoelectric assembly 75 has a thermistor 104 to measure temperature at the bottom of the thermoelectric assembly 75 at a second plate 88, and that communicates with the control circuit 152) (Figs. 6, 8, 11; col. 7, lines 53-67; col. 8, lines 1-3).
Patz does not disclose determining if the temperature of the bottom side of either of the two thermal elements exceeds a maximum value; upon determining that the bottom side of one of the thermal elements exceeds the maximum value cutting off current to the thermal element.
However, Ein teaches a thermal apparatus (Ein; abstract) including determining if the temperature of the bottom side of either of the two thermal elements exceeds a maximum value; upon determining that the bottom side of one of the thermal elements exceeds the maximum value cutting off current to the thermal element (controller has switches responsive to the actual temperature detected, and disconnects the power unit when the actual temperature is above a maximum temperature, such that a desired temperature is delivered from the bottom of the TE device 52 to the body surface) (Ein; para. [0018]; para. [0095]).
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 Patz method to include including determining if the temperature of the bottom side of either of the two thermal elements exceeds a maximum value; upon determining that the bottom side of one of the thermal elements exceeds the maximum value cutting off current to the thermal element, as taught by Ein, for the purpose of ensuring the deice delivers heating or cooling to the body surface in response to the desired temperature (Ein; para. [0018]; para. [0095]).
Patz does not disclose determining if the difference in temperature between the two thermal elements exceeds a threshold value; and upon determining that the difference in temperature between the two thermal elements exceeds the threshold value cutting off the current to the hotter of the two thermal elements.
However, Nardo teaches a patient warming system (Nardo; abstract) including determining if the difference in temperature between the two thermal elements exceeds a threshold value; and upon determining that the difference in temperature between the two thermal elements exceeds the threshold value cutting off the current to the hotter of the two thermal elements (when the multiple heating elements are controlled in a floating manner, if there is a temperature difference between them, i.e. a threshold value of more than 0 degrees, the power to the hotter heating element can be cut to 0%) (Nardo; paras. [0158-0159]).
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 Patz method to include determining if the difference in temperature between the two thermal elements exceeds a threshold value; and upon determining that the difference in temperature between the two thermal elements exceeds the threshold value cutting off the current to the hotter of the two thermal elements, as taught by Nardo, for the purpose of providing flexibility to heat different zones while also preventing the different zones from heating to substantially different temperatures (Nardo; para. [0160]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 5 above, and further in view of Schirm et al. (US 2020/0345971 A1).
Regarding claim 9, as best understood, the modified Patz teaches the invention as previously claimed, including further comprising a right fan corresponding to the right thermal element and a left fan corresponding to the left thermal element (each thermoelectric assembly 75 has a corresponding fan 110) (Patz; Figs. 1-3, 6, 8, 11; abstract; col. 6, lines 43-44), wherein each fan enables heat from its corresponding thermal element to be transferred through an air passageway to the exterior of the skin treatment device (fan second surface 114 is affixed to a heatsink/radiator 120, thereby allowing heat from the heatsink/radiator 120 to be transferred to the primary passageways 145a, 145b and out of the device’s exterior) (Patz; Figs. 1-3, 6, 8, 11; col. 6, lines 43-47; col. 10, lines 4-24); and wherein the user-selectable controls include a cooling control (heat/cool switch 102, 164, 174) (Figs. 4-5; col. 10, lines 66-67; col. 11, lines 1-3, 29-32, 37-40), but does not teach wherein upon detecting that a thermal element doesn't reach the minimum temperature within a designated time interval after the cooling control is selected the right fan and left fan are switched on.
However, Schirm teaches a temperature-regulated apparatus (Schirm; abstract) wherein upon detecting that a thermal element doesn't reach the minimum temperature within a designated time interval after the cooling control is selected the right fan and left fan are switched on (one or more thermoelectric temperature regulators and/or a cooling fans can be powered to reach a set cool temperature, and then stopped to allow a relax temperature variation, and then repeated; cooling fans may be separately controlled, and may be controlled in a pulsatile manner, i.e. with time intervals; thus, if the thermoelectric temperature regulators have not yet reached the set cool temperature, the cooling fans may be pulsed on) (Schirm; paras. [0022-0023]; paras. [0028-0029]).
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 Patz cooling control such that wherein upon detecting that a thermal element doesn't reach the minimum temperature within a designated time interval after the cooling control is selected the right fan and left fan are switched on, as taught by Schirm, for the purpose of helping to conserve power by not always providing power to the fan when cooling.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 1 above, and further in view of Klein (US 4,930,317) and Boersma et al. (US 11,259,627 B2).
Regarding claim 11, as best understood, the modified Patz teaches the invention as previously claimed, but does not teach further comprising a right and a left absorption rod, wherein the right absorption rod attaches at one end to the right thermal element and at the other end to a right thermal plate on the surface of the device, and the left absorption rod attaches at one end to the left thermal element and at the other end to a left thermal plate on the surface of the device.
However, Klein teaches a hot/cold therapy device (Klein; abstract) comprising an absorption rod, wherein the absorption rod attaches at one end to the thermal element and at the other end to a thermal plate (flexible heat pipe 66 has an end connected to the conductive plate 34 and an end connected to a fin) (Klein; Fig. 2c; col. 4, lines 22-40). Moreover, Boersma teaches a skin treatment device (Boersma; abstract) wherein the thermal plate is on the surface of the device (thermally conductive element, e.g. a heat sink, is on a surface of the device) (Boersma; Figs. 2B-2D; col. 14, lines 3-18).
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 Patz left and right thermal elements to each include an absorption rod, wherein the absorption rod attaches at one end to the thermal element and at the other end to a thermal plate, as taught by Klein, for the purpose of helping to ensure normal air movement is sufficient to maintain the finned end at substantially ambient temperature (Klein; Fig. 2c; col. 4, lines 22-40). Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Patz thermal plate to be on the surface of the device, as taught by Boersma, for the purpose of enabling it to be accessible to a user (Boersma; col. 14, lines 3-5).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein, Klein, and Boersma as applied to claim 11 above, and further in view of Baker et al. (US 2022/0047315 A1).
Regarding claim 12, as best understood, the modified Patz teaches the invention as previously claimed, including where in the absorption rod is made of a thermally conductive material that provides thermal conductivity between the thermal element and the thermal plate (flexible heat pipe 66 has an end connected to the conductive plate 34 and an end connected to a fin to conduct heat between them, and so must be made of a material with thermal conductivity) (Klein; Fig. 2c; col. 4, lines 22-40), but does not teach the thermally conductive material is a material such as metal.
However, Baker teaches a system for heating a subject (Baker; abstract) wherein a cup 306 is made of a thermally conductive material such as metal (cup 306 made of a thermally conductive material, such as aluminum, which is a metal) (Baker; para. [0133]).
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 Patz absorption rod to be made of a metal, as taught by Baker, for the purpose of providing the absorption rod with a specific thermally conductive material (Baker; para. [0133]) which one of ordinary skill in the art could feasibly expect to perform reasonably well.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 1 above, and further in view of Klein.
Regarding claim 13, as best understood, the modified Patz teaches the invention as previously claimed, including a right fan above the right heat sink and a left fan above the left heat sink rod (each thermoelectric assembly 75 has a corresponding fan 110 above a radiator/heatsink 120) (Patz; Figs. 1-3, 6, 8, 10-11; abstract; col. 6, lines 43-47); and an air passageway between the right heat sink and the right fan and a left air passageway between the left heat sink and the left fan, each air passageway enabling air to flow from the fan to a vent in the housing that enables air to flow to the exterior of the device wherein the air passageway further enables heat transferred by the right and left thermal element to be transferred through the heatsink to the air flowing through the air passageway (each fan second surface 114 is affixed to a respective heatsink/radiator 120, thereby allowing airflow with heat from the heatsink/radiator 120 to be transferred to respective primary passageways 145a, 145b and out of the device’s exterior; air flows from the fan 110 into the radiator 120, to the primary passages 145a, 145b, and out the vent holes 146a, 146b of the housing exterior) (Patz; Figs. 1-3, 6, 8, 10-11; col. 6, lines 43-47; col. 10, lines 4-24), but does not teach further comprising: a right and a left absorption rod, wherein the right absorption rod attaches at one end to the right thermal element and at the other end to a right heat sink, and the left absorption rod attaches at one end to the left thermal element and at the other end to a left heat sink; heat transferred by the right and left thermal element to be transferred by a respective absorption rod through the heatsink.
However, Klein teaches a hot/cold therapy device (Klein; abstract) comprising an absorption rod, wherein the absorption rod attaches at one end to the thermal element and at the other end to a heat sink; heat transferred by the thermal element is transferred by an absorption rod through the heatsink (flexible heat pipe 66 has an end connected to the conductive plate 34 and an end connected to a finned section, and transfers heat from the conductive plate 34 to the finned section) (Klein; Fig. 2c; col. 4, lines 22-40).
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 Patz left and right thermal elements to each include an absorption rod, wherein the absorption rod attaches at one end to the thermal element and at the other end to a heat sink; heat transferred by the thermal element is transferred by an absorption rod through the heatsink, as taught by Klein, for the purpose of helping to ensure normal air movement is sufficient to maintain the finned end/heatsink at substantially ambient temperature (Klein; Fig. 2c; col. 4, lines 22-40).
Regarding claim 14, as best understood, the modified Patz teaches further comprising: a right and a left thermal plate on the surface of the device, the right thermal plate disposed above the right fan and the left thermal plate disposed above the left fan and wherein both the left and right thermal plates include one or more vents (each thermoelectric assembly 75 has a corresponding cover 140 with an intake surface 141 above a respective fan 110; intake surface has vent holes 146a, 146b) (Patz; Figs. 1-3, 6, 8, 10-11; col. 9, lines 53-60; col. 10, lines 4-24), wherein during operation of the device, the fan draws air from the exterior into the air passageway (air is drawn from the environment into the intake opening 142, then to the fan 110, into the radiator 120, to the primary passages 145a, 145b, and out the vent holes 146a, 146b of the housing exterior) (Patz; Figs. 1-3, 6, 8, 10-11; col. 10, lines 4-24).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Patz in view of Ein as applied to claim 1 above, and further in view of Baker.
Regarding claim 15, as best understood, the modified Patz teaches the invention as previously claimed, but does not teach wherein the treatment pad is made of a metal such as stainless steel or aluminum.
However, Patz does teach the treatment pad is made of the treatment pad is made a thermally conductive material (gel pack 95 includes a heat transfer material 94 with relatively high thermal conductivity, such as copper) (Patz; Fig. 7; col. 10, lines 33-44). Moreover, Baker teaches a system for heating a subject (Baker; abstract) wherein the treatment pad is made of a metal such as aluminum (cup 306 made of a thermally conductive material, such as aluminum) (Baker; para. [0133]).
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 Patz treatment pad to be made of a metal such as aluminum, as taught by Baker, for the purpose of providing the Patz treatment pad with a specific alternate or additional thermally conductive material (Baker; para. [0133]) which one of ordinary skill in the art could feasibly expect to perform reasonably well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0029878 A1 by Linder et al. is considered to be relevant as it discloses two warming devices with respective vibration elements.
US 2019/0142691 A1 by Sedic is considered to be relevant as it discloses a device for applying a combination of heat, cool, light, and/or vibrational treatments.
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785