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 Claims
This Office Action is in response to the preliminary amendment filed on 01/28/2024. As directed by the Preliminary amendment, claims 1, 2, 5-7, 9-10, 13-14, 19, 21-25, 27, 30, 35, and 40 were amended, and claims 3-4, 8, 11-12, 15-18, 26, 28-29, 31-34, 36-39, and 41-47 have been cancelled. Thus, claims 1, 2, 5-7, 9-10, 13-14, 19-25, 27, 30, 35, and 40 are currently pending in this application.
Claim Objections
Claims 1 and 24 are objected to because of the following informalities:
Claim 1 should have a semicolon following “a motor” in line 5.
Claim 24 lines 2-3 should read “that engages the weight assembly” instead of “that engages the eight assembly”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 23 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.
Regarding claim 5, the claim recites the limitation "motor weight assembly" in line 5. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear if a new motor weight assembly is being introduced or if the limitation refers to the weight assembly of claim. For examination purposes, the examiner interprets the motor weight assembly to be the same weight assembly of claim 1. Examiner suggests changing the limitation to remove motor and recite just a “weight assembly”.
Regarding claim 23, the claim recites the limitation “to the GIT” in line 5. However, it is unclear what “the GIT” is referring to since this acronym is not defined in the claims. For examination purposes, examiner interprets GIT to mean the gastrointestinal tract. If this interpretation is correct, examiner suggests rephrasing the limitation to “to the GTI” to refer to the acronym defined in 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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-7, 13, 19-22, 24, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 106333837 A) in view of Ben-Tsur (US 20200229733 A1).
Regarding claim 1, Liao teaches an ingestible capsule device (Fig. 1) comprising: (a) a capsule housing (Fig. 2, housing 11); and (b) at least one motion device, located inside the capsule housing, comprising: a fixture element (Fig. 2, fixing plate 124 as described in page 3 paragraph 3); a power supply (Fig. 1, battery 14 as described in page 6 paragraph 4); a weight assembly (Fig. 1, pendulum 123) comprising an eccentric weight (Fig. 2, iron sheet 126) wherein the weight assembly is connected, via a hinge, to the fixture element (Fig. 2 wherein rod 125 functions like a hinge to connect weight 126 to fixture element 124; page 3, paragraph 4), to allow pendulum-like swinging movement of the weight assembly, with respect to the fixture element, about the hinge (page 6 paragraph 1 “the pendulum 126 alternately under magnetic force generated by swinging the left electromagnet (121) and the right electromagnet 122, so that the vibrating capsule 1 has effect of vibration on the sheet 124”), wherein rotation of the eccentric weight causes the swinging movement of the weight assembly about the hinge (Fig. 2 wherein when the weight 126 rotates between the two magnets, it reasonably causes swinging movement of the pendulum about the hinge).
Liao is silent on a motor, the power supply powering the motor, the weight assembly comprising the motor, wherein the eccentric weight element is rotated by the motor, and, and wherein the weight assembly, when swinging, pounds the capsule housing to stimulate a gastrointestinal tract (GTI).
However, Ben-Tsur teaches an ingestible capsule (Fig. 1) with a motor, the power supply powering the motor (paragraph 284 “For example, the radial agitation mechanism may include an unbalanced weight attached to a shaft of an electric motor powered by said battery”), the weight assembly comprising the motor (paragraph 284 where the agitator 114 is analogous to a weight assembly with an eccentric weight and motor), wherein the eccentric weight element is rotated by the motor (paragraph 284 where reasonably if the an eccentric weight is attached to the shaft of a motor, then the motor rotates the weight when motor is functioning), and, and wherein the weight assembly, when swinging, pounds the capsule housing to stimulate a gastrointestinal tract (GTI) (paragraph 284 “intermittently activated vibrating agitator 114 may include a radial agitation mechanism adapted to exert radial forces on capsule housing 112” wherein exerting forces on capsule housing reasonably means the weight assembly is knocking against the housing to exert forces on the housing; paragraph 189 “For the purposes of this application, the term “vibrating agitator” refers to any type of mechanism that vibrates or causes elements in its vicinity to vibrate, including a motor drive agitator such as a motor drive eccentric weight or a motor drive pendulum”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the weight assembly of Liao to substitute the electromagnetic driving mechanism of Liao with the motor driven pendulum mechanism (paragraph 189) of Ben-Tsur for the shared purpose of driving the weight assembly in a direct and controlled manner against the housing wall. It would be a design choice to choose between an electromagnetic driving mechanism or a motor driven mechanism.
Regarding claim 5, modified Liao teaches the device of claim 1.
Modified Liao does not specifically teach wherein the motor weight assembly is 4-10mm in length.
However, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have optimized the length of the weight assembly, through routine experimentation, and arrive at the specified length so the weight assembly could be functional yet still be small enough to fit into a size-limited device like an ingestible capsule. There is no evidence to show that the claimed size imparts any patentable distinction between the claimed product and that of the prior art. See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See also MPEP § 2144.05.
Regarding claim 6, modified Liao teaches the device of claim 1.
Liao further teaches further comprising a control unit (Fig. 2, controller 15) configured at least for controlling operation of the motor (page 7, paragraph 4 “the controller 15 further controls the radial vibration module 12 and axial vibration of the vibration module 13 activating and canceling, adjusting the vibration frequency and the vibration intensity of radial vibration module 12”, wherein the control unit 15 reasonably would also control motor operation when Liao is modified as described above), according to received operation command signals (claim 7 “control module (24) sends instructions to adjust the vibration state of according to the vibration mode selected by the user and transmitted by the wireless transmission module (22), the wireless vibrating capsule wireless function module (1) after receiving the instruction to analyze and the instruction is transmitted to the controller (15); the controller (15) further controls the radial vibration module (12) and a vibration activating and canceling of the axial vibration module (13), adjusting the vibration frequency and the vibration intensity of radial vibration module (12)”), wherein controlling motor operation comprises one or more of: controlling operation based on a programmable operation plan (claim 7 “control module (24) sends instructions to adjust the vibration state of according to the vibration mode selected by the user and transmitted by the wireless transmission module (22), the wireless vibrating capsule wireless function module (1) after receiving the instruction to analyze and the instruction is transmitted to the controller (15); the controller (15) further controls the radial vibration module (12) and a vibration activating and canceling of the axial vibration module (13), adjusting the vibration frequency and the vibration intensity of radial vibration module (12)”); receiving sensor data from at least one sensor; analyzing the received sensor data to determine one or more characteristics of the ingestible capsule device and/or an environment thereof; and controlling the operation based on the characteristics of the ingestible capsule device and/or the environment of the ingestible capsule device.
Regarding claim 7, modified Liao teaches the device of claim 1.
Liao is silent on further comprising at least one sensor for sensing one or more of: one or more
characteristics of the ingestible capsule device; a time from ingestible capsule device intake; a location of the ingestible capsule device; and one or more characteristics of an environment of the ingestible capsule device.
However, Ben-Tsur teaches at least one sensor (Fig. 1, 132) for sensing one or more of: one or more characteristics of the ingestible capsule device (paragraph 32 “In some embodiments, the device further includes at least one sensor adapted to provide the activation input to the control element. In some embodiments, the at least one sensor forms part of the vibrating ingestible capsule” where being activated is a characteristic of the capsule that is being sensed); a time from ingestible capsule device intake; a location of the ingestible capsule device; and one or more characteristics of an environment of the ingestible capsule device (paragraph 35 “the at least one sensor includes a temperature sensor, adapted to provide an input indicating transition of the device from an area with ambient temperature to an area with a human body temperature”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the capsule of Liao to include a sensor for the purpose of monitoring how the capsule is performing and adjust the capsule performance based on measurements provided by the sensor.
Regarding claim 13, modified Liao teaches the device of claim 1.
Ben-Tsur further teaches wherein the motor comprises at least one of: an electrical motor (paragraphs 284-285 teach an electrical motor), a micro direct current (DC) motor, a micro alternating current (AC) motor, a cylindrical rotating micro motor.
Regarding claim 19, modified Liao teaches the device of claim 1.
Liao further teaches wherein the at least one motion device comprises several motion devices and/or several weight assemblies (Fig. 1, axial vibration module 13 is another motion device with its own weight assembly components 131, 132, 133, 134, 135, and 136), all located and operated within the same capsule housing (Fig. 1, 12 and 13 are in the same housing), for applying pounding forces via different areas of the capsule housing (page 6, paragraph 3 teaches how axial vibration module 13 also applies pounding forces to the capsule housing at an area different than module 12).
Regarding claim 20, modified Liao teaches the device of claim 19.
Liao further teaches wherein each weight assembly is operated by a separate motor using the same or separate power supplies (Figs. 1-2 wherein module 13 that contains motor 131, as taught in page 6 paragraph 3, is powered by the same battery 14 that the weight assembly of module 12 is powered by; weight assembly of module 12 would have a separate motor when modified with Ben-Tsur as described above).
Regarding claim 21, modified Liao teaches the device of claim 20.
Modified Liao does not specifically teach wherein swinging axes of the several weight assemblies are: all parallel to one another; all angular in a non-parallel manner to one another; or one or more of the several swinging axes being are parallel to one or more swinging axes of one or more other weight assemblies.
However, one having ordinary skill in the art before the effective filing date of the claimed invention could have reasonably substituted the module 13 if Liao with the module 12 of Liao for the shared purpose of generating vibrations on the capsule housing. After this modification, then reasonably, both the swinging axes of the weight assemblies would be parallel to one another.
Regarding claim 22, modified Liao teaches the device of claim 1.
Ben-Tsur further teaches wherein the weight assembly pounds an inner wall of the capsule housing (when agitator 114 exerts forces on the housing 112 as described in claim 1, then reasonably this would pounds an inner wall of the housing 112 as shown in Fig. 1).
Regarding claim 24, modified Liao teaches the device of claim 1.
Modified Liao does not specifically teach wherein at least one part of the capsule housing that engages the weight assembly is made from a material of a lower thickness than a thickness of one or more other parts of the capsule housing that do not engage with the weight assembly.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified at least one part of the capsule housing that of Liao that engages the assembly is made from a material of a lower thickness than a thickness of one or more other parts of the capsule housing that do not engage with the weight assembly for the purpose of distributing the vibration generation at this region more effectively than areas with a greater a thickness. The lower thickness makes it easier for the vibrations to travel through the housing and into the user’s GI tract.
Regarding claim 30, Liao teaches a motion device for an ingestible capsule having a capsule housing (Fig. 1, module 12), the motion device comprising at least: a fixture element (Fig. 2, fixing plate 124 as described in page 3 paragraph 3); a power supply (Fig. 1, battery 14 as described in page 6 paragraph 4); a weight assembly (Fig. 1, pendulum 123) comprising an eccentric weight (Fig. 2, iron sheet 126), wherein the weight assembly is connected, via a hinge, to the fixture element (Fig. 2 wherein rod 125 functions like a hinge to connect weight 126 to fixture element 124; page 3, paragraph 4), to allow pendulum-like swinging movement of the weight assembly, with respect to the fixture element, about the hinge (page 6 paragraph 1 “the pendulum 126 alternately under magnetic force generated by swinging the left electromagnet (121) and the right electromagnet 122, so that the vibrating capsule 1 has effect of vibration on the sheet 124”), wherein rotation of the eccentric weight causes the swinging movement about the hinge (Fig. 2 wherein when the weight 126 rotates between the two magnets, it reasonably causes swinging movement of the pendulum about the hinge).
Liao is silent on a motor, the power supply powering the motor, the weight assembly comprising the motor, wherein the eccentric weight element is rotated by the motor, and, and wherein the weight assembly, when swinging, pounds the capsule housing to stimulate a gastrointestinal tract (GTI).
However, Ben-Tsur teaches an ingestible capsule (Fig. 1) with a motor, the power supply powering the motor (paragraph 284 “For example, the radial agitation mechanism may include an unbalanced weight attached to a shaft of an electric motor powered by said battery”), the weight assembly comprising the motor (paragraph 284 where the agitator 114 is analogous to a weight assembly with an eccentric weight and motor), wherein the eccentric weight element is rotated by the motor (paragraph 284 where reasonably if the an eccentric weight is attached to the shaft of a motor, then the motor rotates the weight when motor is functioning), and, and wherein the weight assembly, when swinging, pounds the capsule housing to stimulate a gastrointestinal tract (GTI) (paragraph 284 “intermittently activated vibrating agitator 114 may include a radial agitation mechanism adapted to exert radial forces on capsule housing 112” wherein exerting forces on capsule housing reasonably means the weight assembly is knocking against the housing to exert forces on the housing; paragraph 189 “For the purposes of this application, the term “vibrating agitator” refers to any type of mechanism that vibrates or causes elements in its vicinity to vibrate, including a motor drive agitator such as a motor drive eccentric weight or a motor drive pendulum”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the weight assembly of Liao to substitute the electromagnetic driving mechanism of Liao with the motor driven pendulum mechanism (paragraph 189) of Ben-Tsur for the shared purpose of driving the weight assembly in a direct and controlled manner against the housing wall. It would be a design choice to choose between an electromagnetic driving mechanism or a motor driven mechanism.
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 106333837 A) in view of Ben-Tsur (US 20200229733 A1) as applied above and in further view of Mills (US 20080169715 A1).
Regarding claim 2, modified Liao teaches the device of claim 1.
Modified Liao is silent wherein the weight assembly further comprises: a rotatable element configured to be rotated by the motor, around a rotation axis “y”, which is perpendicular to the hinge, and wherein the eccentric weight element is connected to the rotatable element in an off-axis location.
However, Mills teaches a weight assembly (Fig. 1) with a rotatable element configured to be rotated by the motor (Fig. 1, where disc 20 is rotated by motor 15), around a rotation axis “y”, which is perpendicular to the hinge (wherein rotation of 20 is perpendicular to the shaft 16, which is analogous to a hinge), and wherein the eccentric weight element is connected to the rotatable element in an off-axis location (Figs. 1-2, weight 30 is offset; paragraph 28 “Importantly, in order to increase the magnitude of the centrifugal force of the eccentric weight 30, the pivot axis 36 of the eccentric weight 30 is offset a predetermined spaced distance from, and therefore not coaxial or coincident with, the axis of rotation of the rotary disc 20 and the shaft 16”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the weight assembly of Liao to include a rotatable element configured to be rotated by the motor, around a rotation axis “y”, which is perpendicular to the hinge, and wherein the eccentric weight element is connected to the rotatable element in an off-axis location for the purpose of increasing the distance between the weight and the pivot point on the motor, which increases torque and to generate vibration without adding additional stress upon the mechanical components (paragraph 26).
Regarding claim 14, modified Liao teaches the device of claim 1.
Modified Liao is silent wherein the weight assembly comprises at least two weight elements: the eccentric weight element rotated by the motor setup and at least one additional weight adding momentum to the swinging movement of the weight assembly.
However, Mills teaches a weight assembly comprising at least two weight elements (Fig. 5; paragraph 29 “In a preferred embodiment, the eccentric weight 30 includes a primary eccentric weight 31 and a secondary eccentric weight 32 mounted on the primary eccentric weight 31 and secured using, for example, two screws 37a and 37b”): the eccentric weight element rotated by the motor setup (the weight 30 directly mounted on disc 20) and at least one additional weight adding momentum to the swinging movement of the weight assembly (Fig. 5, the layers 32a, 32b, 32c, and 32d of the second weight 32 reasonably add momentum).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the weight assembly of Liao to include at least two weight elements: the eccentric weight element rotated by the motor setup and at least one additional weight adding momentum to the swinging movement of the weight assembly, for the purpose of further positioning the center of gravity away from the pivot axis to increase the generated vibration (see paragraph 34).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 106333837 A) in view of Ben-Tsur (US 20200229733 A1) as applied above and in further view of Duan (US 20170296428 A1).
Regarding claim 9, modified Liao teaches the device of claim 1.
Modified Liao is silent wherein the pendulum-like swinging movement of the weight assembly is adjustable by adjusting the supplied power frequency, duration, and power level.
However, Duan teaches a power management unit (see paragraph 64) that reasonably adjusts the supplied power frequency (paragraph 65 “In one example, the power management unit comprises a capsule ON/OFF module, which adjusts the capsule to be in a work period or a rest period according to a timing protocol”), duration (paragraph 65 “For example, referring to FIG. 4, the power management unit includes a timing unit, the vibration capsule device has an alternating working and rest state”), and power level (paragraph 64 “the power supply unit may optionally connect to a power management unit to optimize the power supply to all the units”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the capsule of Liao so that the pendulum-like swinging movement of the weight assembly is adjustable by adjusting the supplied power frequency, duration, and power level for the purpose of conserving power and improving the operation lifetime of the device (see paragraph 64).
Regarding claim 10, modified Liao teaches the device of claim 9.
Ben-Tsur further teaches wherein the control of the motor comprises one or more of: intermittently changing the motor current to make intermittent changes in the motor operation; activating the motor after an activation delay period (see paragraphs 295-297); remotely activating the motor via a remote control device controllable and operable by a user (see paragraphs 277-278); generating occasional random activation; generating random changes in the activation power level.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 106333837 A) in view of Ben-Tsur (US 20200229733 A1) as applied above and in further view of Khalaf (US 20050234373 A1).
Regarding claim 23, modified Liao teaches the device of claim 1.
Modified Liao is silent wherein at least one part of the capsule housing that engages the weight assembly when pounding thereover, is made from a flexible or elastic material, for enhancing transmission of pounding forces from the capsule housing to the GIT.
However, Khalaf teaches a vibration device (Fig. 3) with a housing made from a flexible or elastic material (see paragraph 25).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified at least one part of the capsule housing of Liao that engages the weight assembly to be made from a flexible or elastic material for the purpose of effectively transmitting the impulse from the vibration generating unit to the user’s GI tract (see claim 18).
Claim 25 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 106333837 A) in view of Ben-Tsur (US 20200229733 A1) as applied above and in further view of Pizzuto (US 20090058575 A1).
Regarding claim 25, modified Liao teaches the device of claim 1.
Modified Liao is silent on further comprising at least one magnetic sensor for sensing magnetic fields, wherein the ingestible capsule device has a control unit configured to receive signals outputted by the at least one magnetic sensor, identify a magnetic sequence within a predefined activation time span and activate the ingestible capsule device upon identification of a permitted magnetic sequence applied within the activation time span.
However, Pizzuto teaches a magnetic sensor (Fig. 1, magnetic sensor 22) for sensing magnetic fields, wherein the ingestible capsule device has a control unit (Fig. 1, capsule electronics 35 and latch 20) configured to receive signals outputted by the at least one magnetic sensor, identify a magnetic sequence within a predefined activation time span and activate the ingestible capsule device upon identification of a permitted magnetic sequence applied within the activation time span (paragraphs 17-21).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the capsule of Liao to include at least one magnetic sensor for sensing magnetic fields, wherein the ingestible capsule device has a control unit configured to receive signals outputted by the at least one magnetic sensor, identify a magnetic sequence within a predefined activation time span and activate the ingestible capsule device upon identification of a permitted magnetic sequence applied within the activation time span for the purpose of enabling an efficient and convenient way of controlling the capsule while the capsule is inside a patient within a timely manner.
Regarding claim 40, modified Liao teaches the device of claim 30.
Liao further teaches a control unit (Fig. 2, controller 15; see page 7, paragraph 4).
Modified Liao is silent on further comprising at least one magnetic sensor for sensing magnetic fields, wherein the control unit is configured to receive signals outputted by the at least one magnetic sensor, identify a magnetic sequence within a predefined activation time span and activate the motion device upon identification of a permitted magnetic sequence applied within the activation time span.
However, Pizzuto teaches a magnetic sensor (Fig. 1, magnetic sensor 22) for sensing magnetic fields, wherein the ingestible capsule device has a control unit (Fig. 1, capsule electronics 35 and latch 20) configured to receive signals outputted by the at least one magnetic sensor, identify a magnetic sequence within a predefined activation time span and activate the ingestible capsule device upon identification of a permitted magnetic sequence applied within the activation time span (paragraphs 17-21).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the capsule of Liao to include at least one magnetic sensor for sensing magnetic fields, wherein the ingestible capsule device has a control unit configured to receive signals outputted by the at least one magnetic sensor, identify a magnetic sequence within a predefined activation time span and activate the ingestible capsule device upon identification of a permitted magnetic sequence applied within the activation time span for the purpose of enabling an efficient and convenient way of controlling the capsule while the capsule is inside a patient within a timely manner.
Claim 27 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 106333837 A) in view of Ben-Tsur (US 20200229733 A1) as applied above and in further view of Northen (US 20200222276 A1).
Regarding claim 27, modified Liao teaches the device of claim 1.
Modified Liao is silent wherein the at least one weight assembly comprises at least two weight assemblies, each operated by a different motor, each weight assembly movably connects to the fixture element via a different hinge defining a different swinging axis.
However, Northen teaches a vibration device (Fig. 4) wherein the at least one weight assembly comprises at least two weight assemblies (Fig. 22 is one assembly and 20 is another assembly), each operated by a different motor (paragraph 102, wherein 30 and 32 are each different motors), each weight assembly movably connects to the fixture element (Fig. 4 wherein 50 is a fixture element) via a different hinge defining a different swinging axis (Fig. 4 wherein 31 and 33 are different hinges with different swinging axes).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the capsule of Liao to include at least one weight assembly comprises at least two weight assemblies, each operated by a different motor, each weight assembly movably connects to the fixture element via a different hinge defining a different swinging axis for the purpose of generating independent frequencies between the motors, which could generate a beneficial beat frequency (see paragraph 108).
Regarding claim 35, modified Liao teaches the device of claim 30.
Modified Liao is silent wherein the weight assembly comprises at least one additional weight element for adding moment to the swinging movement of the weight assembly.
However, Northen teaches a vibration device (Fig. 1B) wherein the weight assembly comprises at least one additional weight element for adding moment to the swinging movement of the weight assembly (Fig 1B. where 20’ is an additional weight element to 20; see also paragraph 97).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the capsule of Liao to include at least one additional weight element for adding moment to the swinging movement of the weight assembly for the purpose of wobbling the weight assembly with a specific vibration frequency or angle based on the positioning of the weights (see paragraph 97).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKHIL A JAYAN whose telephone number is (571)272-6099. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 5712729034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKHIL A JAYAN/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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