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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show many details of the invention 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.
The drawings fail to properly show the structural details of:
A blood flow constrictor
A heat source
A controller coupled to the blood flow constrictor and the heat source
A temperature sensor
A pressure sensor
A constriction ring
A pressure applying facial mask
A pressure applying skin mask
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.
Claim 5 is 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 5 recites the limitation of additional types of energy. However, a first type of energy is not previously claimed.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, 8, and 10-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Binversie et al US 20230263700.
Regarding claim 1, Binversie discloses a method for tissue rejuvenation comprising: using a combination of hypoxia-causing blood-flow restriction and thermotherapy applied to a treated body portion to cause tissue rejuvenation in said treated body portion, the hypoxia-causing blood-flow restriction being done by impeding blood circulation in said treated body portion and the thermotherapy being done by applying heat to said treated body portion (Binversie, abstract).
Regarding claim 2, Binversie further discloses said treated body being a leg (Binversie, Figure 1).
Regarding claim 3, Binversie further discloses application of the hypoxia-causing blood-flow restriction and the thermotherapy to said treated body portion is consecutively implemented in several cycles (Binversie, ¶0073, ¶0148), and the blood circulation to said treated body portion is restored between consecutive cycles while the thermotherapy continues (Binversie, ¶0154-0158).
Regarding claim 5, Binversie further discloses fluid conduction thermal energy (Binversie, ¶0091).
Regarding claim 7, Binversie further discloses impeding blood circulation to said treated body portion comprises using a pressure-applying body portion mask (32) which applies pressure to the treated body portion.
Regarding claim 8, Binversie further discloses said pressure-applying body portion mask comprising a pressure-applying skin mask (Binversie, Figure 1).
Regarding claim 10, Binversie discloses a device for tissue rejuvenation comprising: a blood flow constrictor (Binversie, abstract); a heat source (Binversie, abstract); and a controller coupled to said blood flow constrictor and to said heat source for applying a combination of hypoxia-causing blood-flow restriction and thermotherapy to a treated body portion to cause tissue rejuvenation in said treated body portion (Binversie, abstract).
Regarding claim 11, Binversie further discloses said heat source comprising fluid conduction thermal energy (Binversie, ¶0091).
Regarding claim 12, Binversie further discloses a temperature sensor (Binversie, ¶0010) and a pressure sensor (Binversie, ¶0142, ¶0137) which are in operative communication with said controller, and said controller is configured to control operative parameters of said blood flow constrictor and said heat source as a function of feedback from said temperature sensor and said pressure sensor (Binversie, Figure 19 and 20).
Regarding claim 13, Binversie further discloses said blood flow constrictor comprises a pressure-applying body-portion mask (32).
Regarding claim 14, Binversie further discloses said pressure-applying body portion mask comprises a pressure-applying skin mask (Binversie, Figure 1).
Claim(s) 1, 2, and 6-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al WO 2011157195.
Regarding claim 1, Li discloses a method for tissue rejuvenation comprising: using a combination of hypoxia-causing blood-flow restriction and thermotherapy applied to a treated body portion to cause tissue rejuvenation in said treated body portion, the hypoxia-causing blood-flow restriction being done by impeding blood circulation in said treated body portion (Li translation: ¶0018, ¶0022) and the thermotherapy being done by applying heat to said treated body portion (Li translation: ¶0009).
Regarding claim 2, Li further discloses said treated body being a penis (Li, abstract).
Regarding claim 6, Li further discloses said treated body portion is a penis, and the method further comprises stretching the penis or causing the penis to be erect, blocking the blood circulation to the penis, and applying thermotherapy to the penis, and the method is used to treat erectile dysfunction (Li translation, ¶0021-0022).
Regarding claim 7, Li further discloses impeding blood circulation to said treated body portion comprises using a pressure-applying body portion mask which applies pressure to the treated body portion (Li translation, ¶0022).
Regarding claim 8, Li further discloses said pressure-applying body portion mask comprises a pressure-applying skin mask (13).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Binversie et al US 2023/0263700 in view of Santa Maria et al US 2014/0276257.
Regarding claim 4, Binversie further discloses fluid conduction thermal energy (Binversie, ¶0091) but fails to disclose thermotherapy being applied with an additional type of energy as claimed. Santa Maria teaches a method for tissue rejuvenation using acoustic and electromagnetic energies (Santa Maria, ¶0047). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to with a reasonable expectation of success to modify the method of Binversie to include an additional type of energy as taught by Santa Maria depending on the desired effect of the thermotherapy.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al WO 2011157195 in view of Benckini US 2016/0038458.
Regarding claim 9, Li further discloses a pressure applying skin mask (13), blocking blood circulation to a skin portion by applying the pressure applying skin mask and forcing treatment lubrication by external pressure to the skin portion (Li translation, ¶0022). Not disclosed is the lubrication being lotion. Benckini teaches a pressure applying skin mask method comprising lotion which is applied by external pressure by the mask (Benckini, ¶0059). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify the method of Li for the lubrication to comprise lotion, as taught by Benckini, as to provide an equivalent lubricant depending on the user preference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure US 20220312940.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642