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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in India on 02/06/2023. It is noted, however, that applicant has not filed a certified copy of the IN202321007369 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: ‘108’ of Figures 1, 2 and 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second magnet ‘402’ must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The disclosure is objected to because of the following informality: on pg. 8 line 12, there is a recitation of “-()*C”, it appears that there was supposed to be a number for the temperature here, but there is parenthesis instead.
Appropriate correction is required.
Claim Objections
The claims are objected to because the lines are crowded too closely together, making reading difficult. Substitute claims with lines one and one-half or double spaced on good quality paper are required. See 37 CFR 1.52(b).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dai (US 20210128402 A1).
Regarding claim 1, Dai discloses a vibration cooling apparatus (Figure 1 below; vibration cooling apparatus) comprising:
a housing member (Figure 1 below; housing member);
at least one chamber to be detachably attached and disposed on the housing member (Figure 1 below; where there is a chamber and Figure 2 below where it is detachable attached and disposed on the housing member);
a switch disposed on the housing member and adapted to be operated for sending a controlling instruction to the vibration cooling apparatus (Figure 1 and 2 below; where there is a switch ‘3’ that controls and turns on the vibrational power, heating, and cooling – thereby sending a controlling instruction to the vibration cooling apparatus);
wherein the housing member comprising a power source adjacent to the switch (Figure 2 below; where there is a battery ‘5’ that is the power source and it is connected electrically adjacent to the switch ‘3’);
and at least one motor adapted to be connected with the power source (Figure 2 below; where there is a motor ‘10’ that is connected with the battery ‘5’ – the power source);
wherein the at least one motor is adapted to induce vibration to the at least one chamber upon receiving the controlling instruction from the switch (Figure 1 and 2 below; where the switch ‘3’ controls the vibration, heating and cooling (sends controlling instructions) and this helps to manually turn the motor ‘10’ on that actuates the vibration to the chamber).
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Figure 1: Annotated Figure 3 of Dai.
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Figure 2: Annotated Figure 16 of Dai.
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Figure 3: Annotated Figure 2 of Wersland.
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.
Claims 2, 3 and 9 are rejected under 35 U.S.C. 103 as being obvious over Dai (US 20210128402 A1) in view of Wersland (US 20220211575 A1).
Regarding claim 2, Dai discloses the vibration cooling apparatus as claimed in claim 1 comprising:
a housing member (Figure 1 and 2 above; housing member);
at least one chamber (Figure 1 and 2 above; where there is at least one chamber);
and wherein the chamber is detachably attached to the housing member with a connection point and connection hole in the housing member (Figure 2 above; where the chamber is detachably attached to the housing member through a connection point and hole).
Dai fails to disclose a first magnet that is disposed on the housing member and adapted to be attached with the at least one chamber.
Wersland discloses a vibrating therapy system comprising:
a first magnet disposed on the housing member and is adapted to be attached with at least one module (Figure 3 above; where there is a first magnet space attached to the housing member to be coupled to the module with the second magnet).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Dai by replacing the coupling system of the housing member and the chamber with a first magnet on the housing member as taught by Wersland, since, a strong force can be used to hold the chamber/ module and the housing member together, but a weak force is needed for removing the module, which makes the attachment means more user friendly. In addition, magnets help to provide proper alignment of the chamber/ module to the housing member (Wersland [0025], [0017]).
Regarding claim 3, Modified Dai further discloses the vibration cooling apparatus as claimed in claim 2.
Dai discloses the vibration cooling apparatus comprising:
a face of the at least one chamber is adapted to be attached with the housing member (Figure 2 above; where there is a face of the chamber that is adapted to be attached with the housing member through the connection hole).
Dai fails to disclose a second magnet disposed on a face of the at least one chamber and adapted to be attached with the housing member.
Wersland discloses a vibrating therapy system comprising:
a second magnet disposed on the face of the at least one module and adapted to be attached with the housing member (Figure 3 above; where the second magnet is disposed on the module/ chamber’s face and is adapted to be attached with the housing member that holds the first magnet to form a strong coupling).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Dai by replacing the coupling system of the housing member and the chamber with magnetic coupling and to also include a second magnet on the chamber/ module as taught by Wersland, since, a strong force can be used to hold the chamber/ module and the housing member together, but a weak force is needed for removing the module, which makes the attachment means more user friendly. In addition, magnets help to provide proper alignment of the chamber/ module to the housing member, therefore having multiple magnets on the different components would help to make the connection force stronger, but also provide even more proper alignment assistance to the coupling of the chamber/ module to the housing member, because there is a second magnet to be attracted to on the component needing to be coupled (Wersland [0025], [0017]).
Regarding claim 9, Dai discloses a hand-held vibration cooling assembly (Figure 1 above; where the vibration cooling assembly is able to be hand-held), comprising:
a housing member (Figure 1 and 2 above; housing member);
at least one chamber to be attached and disposed on the housing member (Figure 1 and 2 above; where at least one chamber can be attached and disposed on the housing member through the connection hole)
a switch disposed on the housing member and adapted to be operated for sending a controlling instruction to the vibration cooling apparatus (Figure 1 and 2 above; where there is a switch that when use can control the vibration cooling apparatus for cooling, heating and vibration – thereby sending a controlling instruction)
wherein the housing member comprising a power source adjacent to the switch (Figure 2 above; where there is a battery ‘5’ that is the power source and it is connected electrically adjacent to the switch ‘3’);
and at least one motor adapted to be connected with the power source (Figure 2 above; where there is a motor ‘10’ that is connected with the battery ‘5’ – the power source);
wherein the at least one motor is adapted to induce vibration to the at least one chamber upon receiving the controlling instruction from the switch (Figure 1 and 2 above; where the switch ‘3’ controls the vibration, heating and cooling (sends controlling instructions) and this helps to manually turn the motor ‘10’ on that actuates the vibration to the chamber).
Dai fails to disclose a plurality of magnets disposed on the housing member and the at least one chamber and adapted to connect the housing member and the at least one chamber respectively.
Wersland discloses a vibrating therapy system comprising:
a plurality of magnets disposed on the housing member and the at least one chamber and adapted to connect the housing member and the at least one chamber respectively (Figure 3 above; where there is a first and second magnet (plurality of magnets) on respected spots of the housing member and the module/ chamber that are adapted to connected the housing member and the module/ chamber together).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Dai by replacing the coupling system of the chamber and the housing member with a plurality of magnets for coupling as taught by Wersland, since, a strong force can be used to hold the chamber/ module and the housing member together, but a weak force is needed for removing the module, which makes the attachment means more user friendly. In addition, a plurality of magnets helps to provide proper alignment of the chamber/ module to the housing member, therefore having multiple magnets on the different components would help to make the connection force stronger, but also provide even more proper alignment assistance to the coupling of the chamber/ module to the housing member, because there is a second magnet to be attracted to on the component needing to be coupled (Wersland [0025], [0017]).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being obvious over Dai (US 20210128402 A1) in view of Wersland (US 20220211575 A1), and further in view of magnetsdirect.co.uk ( [1]), hereinafter MD.
Regarding claim 4, Modified Dai discloses the vibration cooling apparatus as claimed in claim 3, wherein:
the first magnet and the second magnet are opposite poles (Wersland [0007], [0025]; where the module contains a second magnet magnetically attracted to a first set of magnets – thereby being opposite poles to make a strong connection).
Modified Dai is silent to the magnets made out of neodymium material.
MD discloses magnets comprising:
neodymium material (MD Description [01]; where the magnets are made of neodymium).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Modified Dai by replacing the magnets with circular neodymium magnets with a 12mm diameter 2.5mm thickness as taught by MD, since, neodymium magnets of this specification allow for easy repositioning without wear and tear, that can quickly and securely attach objects to each other (MD Description [01]).
Regarding claim 5, Modified Dai in view of MD further discloses the vibration cooling apparatus as claimed in claim 4.
Modified Dai discloses the vibration cooling apparatus comprising:
a first magnet and a second magnet (Figure 3 above; shown where the first and second magnet are disposed in).
Modified Dai is silent to the magnets being a circular shape with a 12mm diameter 2.5 mm thickness.
MD discloses magnets comprising:
a circular shape with a 12mm diameter x 2.5 mm thickness (MD product Figure 2; where the magnets are circular in shape and have a 12mm diameter x 2.5mm thickness).
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Dai (US 20210128402 A1) in view of Baxter (US 10058476 B2).
Regarding claim 6, Dai discloses the vibration cooling apparatus as claimed in claim 1.
Dai discloses the vibration cooling apparatus wherein:
at least one chamber includes a cooling component (Figure 2 above; where within the chamber ‘20’ is a heating/cooling component, where cooling is made from a fan).
Dai fails to disclose that the cooling component is a cooling agent such as a liquid or a gas.
Baxter discloses a vibratory thermal device wherein:
at least one chamber includes a cooling agent (Baxter [04-05]; where the thermal element ‘28’ (cooling agent) is located within the thermal element pocket ‘34’ (chamber for the cooling agent) that transfers heating/ cooling to a subject).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Dai by replacing the cooling component with a thermal element inside of the chamber as taught by Baxter, since, a cooling agent with the combination of vibration during the administration of medications to a subject, helps to create an itching or burning sensation to mask the pain and irritation of the administration of the medications (Baxter [06]).
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Dai (US 20210128402 A1) in view of Eveready (Amazon.com: Eveready Super Heavy Duty C Zinc Carbon Batteries 2 pk Carded : Health & Household[2]), as evidenced by AZO Materials (Advantages and Limitations of Zinc Carbon Batteries[4]).
Regarding claim 7, Dai discloses the vibration cooling apparatus as claimed in claim 1.
Dai is silent to wherein the power source is a zinc-carbon battery of 1.5 Volts.
Eveready discloses a power source comprising:
a zinc-carbon battery of 1.5 Volts (Eveready product details and title: zinc-carbon battery with 1.5 Volts).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Dai by replacing the battery power source inside of the housing with a zinc-carbon 1.5 Volts battery as taught by Eveready, since, zinc-carbon batteries come in various shapes, sizes, capacities, and have a higher energy density and efficiency, additionally they provide better low-temperature performance and a smaller leakage resistance (AZO Materials: Advantages of Zinc Carbon Batteries [01]).
Claim 8 is rejected under 35 U.S.C. 103 as being obvious over Dai (US 20210128402 A1) in view of uxcell (uxcell R260 24mm(Dia) x27mm(H) DC 3V-12V 20000RPM Micro Motor for Massager - Amazon.com[3]).
Regarding claim 8, Dai discloses the vibration cooling apparatus as claimed in claim 1 comprising:
at least one motor (Figure 2 above; where there is at least one motor present).
Dai fails to disclose wherein the at least one motor has 20000 rpm with 24mm x 27mm dimensions.
uxcell discloses a micro motor for a massager wherein:
a motor has 20000 rpm with 24mm x 27mm dimensions (uxcell product description and title: where the motor has 20000 RPM and is 24mm x 27mm).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the vibration cooling device of Dai by replacing the motor inside of the housing with a motor having 20000 rpm with 24mm x 27mm dimensions as taught by uxcell, since, this type of motor is also made specifically for massage machines and because they are compact in size with a higher speed for vibration (uxcell product description/ technical details and title).
References Cited
[1] Neodymium disc magnet - 12x2.5mm - N35. Magnets Direct. (2023, February 3). https://www.magnetsdirect.co.uk/products/neodymium-disc-magnet-12x2-5mm-n35?srsltid=AfmBOor1563EzoyZrf3sSG4L5ICc891TDxQ8oyGkLTKgpbJMnztUshq0
[2] Amazon.com: Eveready Super Heavy Duty C Zinc Carbon Batteries 2 PK carded: Health & Household. (2018, April 17). https://www.amazon.com/Eveready-Battery-1235SW-2-Heavy-Duty-Batteries/dp/B07KMD7JC4
[3] uxcell R260 24mm(DIA) X27MM(H) DC 3V-12V 20000rpm micro motor for Massager - Amazon.com. (2017, April 21). https://us.amazon.com/uxcell-x27mm-3V-12V-20000RPM-Massager/dp/B014818SPA
[4] Jain, S. (2023, January 23). Advantages and limitations of zinc carbon batteries. AZoM. https://www.azom.com/article.aspx?ArticleID=22363
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Burkett (WO 2018170176 A1): pain reducing injection apparatus.
Murison (EP 2965739 A2): molded adult device with vibrational stimulation.
Fung (US 20180168919 A1): system and method for vibrational stimulation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is 571-272-3835. The examiner can normally be reached Monday-Friday 8am-5pm, EO Friday 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 571-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785