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 .
Claim Objections
Claims 1 and 14 are objected to because of the following informalities:
Claim 1: recites “4%reduction in oxygen”, but should read ---4% reduction in oxygen---, to add a space between 4% and reduction.
Claim 14: recites “reducing the amplitude of vibrations, including to zero amplitude, as the user while instructing the user”, but should read ---reducing the amplitude of vibrations, including to zero amplitude, to the user, while instructing the user--- to fix the grammatical error.
Appropriate correction is required.
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 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) and further in view of Wang (CN 112105409 A).
Regarding claim 1, Driscoll discloses a therapeutic method for controlling (Driscoll [0006], [0007]), comprising:
providing a controller, a vibration device, a messaging device and an oxygen saturation sensor (Driscoll [0026]; the control unit ‘180’ may be a controller, [0022]; the main body ‘110’ of the massaging device ‘100’ can include vibration units ‘130’ – such as a vibration motor to cause the device to vibrate, [0033]; the massaging device ‘100’ can produce audible sound consistent with real-time biofeedback signals sensed by the sensor units ‘210’ – audible messaging device, [0041]; where the sensor units ‘210’ can be utilized to receive blood oxygen levels (oxygen saturation sensor));
measuring an oxygen saturation level with the oxygen saturation sensor (Driscoll [0041]; where the sensor units ‘210’ can be utilized to receive blood oxygen levels (oxygen saturation sensor), utilizing to obtain biofeedback signals for the massaging device ‘100’ (includes the vibrational aspect making it a vibration device) – if the device is obtaining biofeedback signals, it may be doing so by measuring oxygen saturation levels from the sensor units ‘210’);
controlling the vibration device with the controller to create a vibration and apply it to the user (Driscoll [0030]; where the processor (controller) on the vibration unit can be programmed, intensity of the vibration can be controlled, [0009, 0021]; where the massaging can be controlled and applied to the user);
reporting an oxygen saturation level from the oxygen saturation sensor (Driscoll [0041]; where the blood oxygen levels can be obtained from the sensor units ‘210’ and the biofeedback from that signal can be used for various outputs of the massaging device – thereby reporting when using the signal as an output for the massaging device).
Driscoll fails to disclose controlling the breath of a user, instructing the user to exhale, reporting an oxygen saturation level to the user through the messaging device until at least a 4% reduction in oxygen saturation level is achieved, and repeating of steps.
Warren discloses a breath training apparatus comprising:
a therapeutic method for controlling breath of a user (Warren Figure 4; where there are multiple breath controlling methods), comprising:
instructing the user to exhale the breath and hold the breath out (Warren Figure 4; instruction steps 2a,2b, and 4 instruct the user to exhale and hold their breath out);
and repeating these steps (Warren Figure 4; instruction step after 5, instructs the user to repeat the sequence steps, holding the breath out).
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 therapeutic method of Driscoll to include breathing instructions and controlling the breath of a user as taught by Warren, since, blood oxygen concentration is known to vary with varying time delays as changes in breathing patterns occur such as interruptions or reductions in breathing levels, such variations can be analyzed with suitable algorithms to determine key parameters needed to monitor a trainee while undertaking a breath training regimen (Warren [0036]).
Modified Driscoll is silent to reporting an oxygen saturation level from the oxygen saturation sensor, to the user through the messaging device until at least a 4% reduction in oxygen saturation level is achieved.
Wang discloses a method for providing oxygen comprising:
reporting an oxygen saturation level from the oxygen saturation sensor, to the user through an indication until at least a 4% reduction in oxygen saturation level is achieved (Wang Blood oxygen saturation (SpO2) [01]; a pulse oximeter can be used to measure the occurrence of saturation reduction (reporting an oxygen saturation level), descending at least 4%, less than 90%, this is the main index of hypoxia, and indicates the patient to increase the production requirement of oxygen).
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 therapeutic method of modified Driscoll to include a pulse oximeter that notifies of a reduction in oxygen saturation level being achieved and to report an oxygen saturation level to the user through an indication as taught by Wang to be used with the messaging device, since, it is useful to measure the occurrence of saturation reduction to know when the patient needs to increase their production requirement of oxygen to maintain safe blood oxygen content levels (Wang Blood oxygen saturation (SpO2) [01]).
Regarding claim 2, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1, wherein the messaging device is an auditory or verbal signal (Driscoll [0033]; the massaging device ‘100’ can produce audible sound consistent with real-time biofeedback signals sensed by the sensor units ‘210’ – audible messaging device, as modified: Warren Figure 4; verbal instructions given to trainee undergoing breathing training).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1), further in view of Wang (CN 112105409 A), and further in view of Epureanu (US 20180243153 A1).
Regarding claim 3, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1.
Modified Driscoll in view of Wang is silent to controlling the vibration amplitude as a function of time and adjusting the vibration amplitude based on the oxygen saturation level.
Epureanu discloses vibration therapy wherein:
the controller is programmed to control a vibration amplitude as a function of time (Epureanu [0007]; where the controller is in electrical communication, configured to control a respective vibration characteristic (vibration amplitude or frequency [0009]), where a vibration amplitude is a function of time ([0024]; where the vibration may be applied to a subject over a period of time));
to measure the oxygen saturation level of the user and to adjust the vibration amplitude based on the oxygen saturation level (Epureanu [0009]; where the vibration characteristic can be controlled based on a received measure from sensors, where vibration characteristic can be vibration amplitude, or frequency, [0042]; where the measure can be oxygen saturation of blood from a sensor).
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 therapeutic method of modified Driscoll in view of Wang to include the controller programmed to control the vibration amplitude as a function of time, to adjust the vibration amplitude based on the oxygen saturation level as taught by Epureanu, since, it helps to relate a physiological or mechanical response to a subject in vibration therapy, which help to provide feedback and precision tuning of the vibrational therapy (Epureanu [0030]).
Claims 4-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A) and even further in view of Saoji et al. (https://pmc.ncbi.nlm.nih.gov/articles/PMC6470305/)[1], hereinafter Saoji.
Regarding claim 4, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1, further comprising: instructing the user to inflate and deflate the user's lungs (Warren Figure 4; instructions 1-5 , where instructing the user to breath would include inflating and deflating of the user’s lungs).
Modified Driscoll in view of Wang is silent to instructing the user to breathe rapidly.
Saoji discloses a breathing method study comprising:
instructing the user to breathe rapidly and inflate and deflate the user's lungs (Saoji Table 1; Kapalabhati: instructs the user to breathe rapidly, where breathing in and out includes inflating and deflating the user’s lungs).
Although modified Driscoll in view of Wang or Saoji doesn’t explicitly disclose instructing a user to inflate and deflate their lungs, modified Driscoll in view of Wang and Saoji do disclose instructing the user to breathe in and out. It would have been readily understood by one of ordinary skill in the art that in order to breathe in/ out, the cycle of breathing includes inflating and deflating of a user’s lungs.
In addition, 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 therapeutic method of modified Driscoll in view of Wang to include the instructions of also of breathing rapidly as taught by Saoji, since, the breathing technique allows for a user to shift into a state where they are highly alert and cognitively energized, without experiencing psychological stress (Saoji 3.1.1. Changes due to pace of breathing [01]).
Regarding claim 5, modified Driscoll in view of Wang, further in view of Saoji further discloses the therapeutic method of claim 4, further comprising instructing the user to then breathe out and hold breath out (Warren Figure 4; instructions 2, 4-5 detail instructing the user to breathe out and hold out after other instructions).
Regarding claim 6, modified Driscoll in view of Wang, further in view of Saoji further discloses the therapeutic method of claim 5.
Modified Driscoll discloses:
instructing the user to continue to hold breath out as a repeated reminder (Warren Figure 4; where the user is told to hold their breath out multiple times are repeat the instructions multiple time, thereby stating as a repeated reminder to continue to hold their breath out because the instructions happen more than once).
Wang discloses:
when an oxygen saturation level has reached a pre-set value to increase the amount of oxygen if too low (Wang Blood oxygen saturation (SpO2) [01]; where when the blood oxygen saturation is less than 4% less than 90% (pre-set value), the user is instructed to increase their oxygen production).
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 therapeutic method of modified Driscoll to include instructing the user to breathe in a certain way when an oxygen saturation level has reached a pre-set value as taught by Wang, with instructing the user to continue to hold their breath out as a repeated reminder, since, monitoring the oxygen saturation level and instructing the user to breath a certain way, can help to keep the user from too low of an oxygen level, which could damage their cells, and it helps them to stay within the predetermined target range required by the physician (Wang Blood oxygen saturation (SpO2) [01-02]).
Regarding claim 7, modified Driscoll in view of Wang, further in view of Saoji, further discloses the therapeutic method of claim 5.
Modified Driscoll discloses:
instructing the user to perform at least one of the following: self-check to ensure the user has continued to hold breath out, hum to ensure the user has continued to hold breath out, and breathe (Warren Figure 4; where instructions 1-5 are instructing the user to breathe, hold their breath out).
Modified Driscoll fails to disclose instructing the user to perform at least one of the following: breathe with the oxygen saturation level is below a predefined level.
Wang discloses:
when the oxygen saturation level is below a predefined level indicating to the user to increase the production requirement of oxygen (Wang Blood oxygen saturation (SpO2) [01]; where when the patient is hypoxic, there will be an indication to the patient to increase the production requirement of oxygen).
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 therapeutic method of modified Driscoll to by including a pulse oximeter that can indicate when the oxygen saturation level is below a predefined level as taught by Wang with instructing a user to breathe, since, it is useful to measure the occurrence of saturation reduction to know when the patient needs to increase their production requirement of oxygen to maintain safe blood oxygen content levels (Wang Blood oxygen saturation (SpO2) [01]), and if this is done whilst the user is being instructed to breathe, it helps to keep the patient safe from harmful hypoxic levels, by the use of monitoring the oxygen saturation levels.
Regarding claim 8, modified Driscoll in view of Wang, further in view of Saoji further discloses the therapeutic method of claim 5.
Modified Driscoll discloses:
instructing the user to breathe (Warren Figure 4; instructions 1-5 are instructing the user to breathe).
Modified Driscoll fails to disclose instructing the user to breathe when the oxygen saturation level is below a predefined level.
Wang discloses:
when the oxygen saturation level is below a predefined level indicating to the patient to increase the production requirement of oxygen (Wang Blood oxygen saturation (SpO2) [01]; where when the patient is hypoxic, there will be an indication to the patient to increase the production requirement of oxygen).
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 therapeutic method of modified Driscoll to by including a pulse oximeter that can indicate when the oxygen saturation level is below a predefined level as taught by Wang with instructing a user to breathe, since, it is useful to measure the occurrence of saturation reduction to know when the patient needs to increase their production requirement of oxygen to maintain safe blood oxygen content levels (Wang Blood oxygen saturation (SpO2) [01]), and if this is done whilst the user is being instructed to breathe, it helps to keep the patient safe from harmful hypoxic levels, by the use of monitoring the oxygen saturation levels.
Regarding claim 9, modified Driscoll in view of Wang, further in view of Saoji, further discloses the therapeutic method of claim 5.
Modified Driscoll discloses:
instructing the user to breathe and hold breath out (Warren Figure 4; instruction 2a, where the user is instructed to breathe and hold the breath out).
Modified Driscoll fails to disclose instructing the user to breathe and hold breath out once when the oxygen saturation level falls below a set level.
Wang discloses:
once when the oxygen saturation level falls below a set level indicating to the patient to increase the production requirement of oxygen (Wang Blood oxygen saturation (SpO2) [01]; where when the patient is hypoxic, there will be an indication to the patient to increase the production requirement of oxygen).
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 therapeutic method of modified Driscoll to by including a pulse oximeter that can indicate when the oxygen saturation level is below a predefined level as taught by Wang with instructing a user to breathe, since, it is useful to measure the occurrence of saturation reduction to know when the patient needs to increase their production requirement of oxygen to maintain safe blood oxygen content levels (Wang Blood oxygen saturation (SpO2) [01]), and if this is done whilst the user is being instructed to breathe and hold out, it helps to keep the patient safe from harmful hypoxic levels, by the use of monitoring the oxygen saturation levels.
Regarding claim 18, modified Driscoll in view of Wang, further in view of Saoji further discloses the therapeutic device of claim 5.
Modified Driscoll in view of Wang discloses:
measurement of the oxygen saturation level (Driscoll [0041]; where the sensor units ‘210’ can be utilized to receive blood oxygen levels (oxygen saturation sensor), utilizing to obtain biofeedback signals for the massaging device ‘100’ (includes the vibrational aspect making it a vibration device) – if the device is obtaining biofeedback signals, it may be doing so by measuring oxygen saturation levels from the sensor units ‘210’).
Modified Driscoll in view of Wang is silent to instructing the user to hyperventilate.
Saoji discloses:
instructing the user to hyperventilate (Saoji Table 1; Kapalabhati: instructs the user to breathe rapidly, where breathing in and out rapidly is hyperventilation).
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 therapeutic method of modified Driscoll in view of Wang to include instructing the user to hyperventilate as taught by Saoji, based off of the measurement of the oxygen saturation level since, the breathing technique allows for a user to shift into a state where they are highly alert and cognitively energized, without experiencing psychological stress (Saoji 3.1.1. Changes due to pace of breathing [01]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A) further in view of Saoji (https://pmc.ncbi.nlm.nih.gov/articles/PMC6470305/)[1], and even further in view of Ki (KR 20230124239 A).
Regarding claim 10, modified Driscoll in view of Wang, further in view of Saoji, further discloses the therapeutic method of claim 5.
Modified Driscoll in view of Wang, further in view of Saoji is silent to instructing the user to breathe in a shallow manner.
Ki discloses a respiratory training method:
further comprising: instructing the user to breathe in a shallow manner (Ki [0069]; where during the breathing training, the user is instructed (taught) not to breathe deeply, but to breathe shallowly).
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 therapeutic method of modified Driscoll in view of Wang, further in view of Saoji to include shallow breathing as taught by Ki, since, shallow breathing, is used to help prevent hyperventilation during training, which can lead to suffocation, tightness in the chest, pain, and numbness in the limbs, if not treated properly (Ki [0069]).
Claims 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A), and even further in view of Northen (US 20230008214 A1).
Regarding claim 11, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1.
Modified Driscoll in view of Wang fails to disclose an eye mask.
Northen discloses a vibration producing device:
providing a mask which covers the eyes of the user (Driscoll [0423]; where there is a mask that can cover the user’s eyes, so as to block out light, placing the user in an audio environment).
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 therapeutic method of modified Driscoll in view of Wang to include an eye mask as taught by Northen, since, an eye mask helps to block out light, placing the user in an audio environment, helping induce a physiological state of a user (Northern [0423]).
Regarding claim 16, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1.
Modified Driscoll in view of Wang fails to disclose a blood pressure monitor.
Northen discloses:
providing a blood pressure monitor which measures the user's blood pressure (Northen [0179-0180]; where the blood pressure can be measured based on a sensing unit that measures biometric quantities – blood pressure monitor).
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 therapeutic method of modified Driscoll in view of Wang to include a blood pressure monitor as taught by Northen, since, not only can the blood pressure be monitored, but also because the motor can be controlled by certain behavior monitored by the biometric quantities, like blood pressure for example (Northen [0179-0180]), this would allow for the vibrational motor to be changed based on the biofeedback given from the sensors/ monitors.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A), and even further in view of Roxo (BR MU8502372 U).
Regarding claim 12, modified Driscoll in view of Wang, further discloses the therapeutic method of claim 1.
Modified Driscoll in view of Wang fails to disclose either a clamp or a plug for the nose of the user.
Roxo discloses a nasal clamp further comprising:
providing a clamp which squeezes nostrils of the user, reducing air flow to lungs via the nostrils, or a plug which blocks air flow into the nostrils (Roxo abstract; where the nasal clamp is to block air through the patients nose, Roxo Figure 4; where the nasal clamp is squeezing the nostrils of the user).
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 therapeutic method of modified Driscoll in view of Wang to include a clamp or a plug as taught by Roxo, since, a nasal clamp helps to seal the patient’s nostrils, forcing them to breathe out of their mouth, and can be used during respiratory testing (Roxo Description [01-02]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A), further in view of Saoji (https://pmc.ncbi.nlm.nih.gov/articles/PMC6470305/)[1], and even further in view of Zhu (CN 108113677 A).
Regarding claim 13, modified Driscoll in view of Wang, further in view of Saoji further discloses, therapeutic method of claim 5.
Modified Driscoll in view of Wang, further in view of Saoji is silent to increasing or decreasing the amplitude of vibrations in a period based on breathing.
Zhu discloses a physiological parameter detection device further comprising:
increasing or decreasing the amplitude of vibrations in a period based on breathing (Zhu [0119]; the user’s breathing can be determined based on the changes in amplitude value, the fluctuation of amplitude value change can be defined as one breathing cycle and where the amplitude can be gradually increasing and decreasing – breathing follows a rhythmic wave of vibration amplitudes).
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 therapeutic method of modified Driscoll in view of Wang, further in view of Saoji to include increasing or decreasing the amplitude of vibrations in a period based on breathing as taught by Zhu, since, it allows for the user’s breathing cycle to be determined directly based on the changes in amplitude value (Zhu [0119]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A), further in view of Saoji (https://pmc.ncbi.nlm.nih.gov/articles/PMC6470305/)[1], and even further in view of Brown (KR 20230050354 A).
Regarding claim 14, modified Driscoll in view of Wang, further in view of Saoji, further discloses the therapeutic method of claim 5, further comprising:
instructing the user to breathe out and hold out (Warren Figure 4; instructions 2, 4-5 detail instructing the user to breathe out and hold out after other instructions);
and a vibration element applied to a user (Driscoll [0030]; where the processor (controller) on the vibration unit can be programmed, intensity of the vibration can be controlled, [0009, 0021]; where the massaging can be controlled and applied to the user).
Modified Driscoll in view of Wang, further in view of Saoji is silent to reducing the amplitude of vibration, including to zero amplitude.
Brown discloses a vibration element further comprising:
reducing the amplitude of vibrations, including to zero amplitude (Brown [0028]; where the amplitude of vibrations can be reduced/ decreased and to zero amplitude (an off state)).
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 therapeutic method of modified Driscoll in view of Wang, further in view of Saoji to include reducing the amplitude of vibrations, including to zero amplitude as taught by Brown, while instructing the user to breathe out and hold out, since, it would allow the user or instructor to control the amount of vibrations being applied to the user (Brown [0028]), whilst the user is being instructed to breath out and hold out, allowing for a more controlled environment.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1), further in view of Wang (CN 112105409 A), further in view of Saoji (https://pmc.ncbi.nlm.nih.gov/articles/PMC6470305/)[1], and even further in view of Epureanu (US 20180243153 A1).
Regarding claim 15, modified Driscoll in view of Wang further discloses the therapeutic device of claim 1, further comprising:
breathe out and hold breath out (Warren Figure 4; instructions 2, 4-5 detail instructing the user to breathe out and hold out after other instructions).
Modified Driscoll in view of Wang is silent to instructing the user to hyperventilate.
Saoji discloses:
instructing the user to hyperventilate (Saoji Table 1; Kapalabhati: instructs the user to breathe rapidly, where breathing in and out rapidly is hyperventilation).
In addition, 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 therapeutic method of modified Driscoll in view of Wang to include the instructions of also of hyperventilating as taught by Saoji, since, the breathing technique allows for a user to shift into a state where they are highly alert and cognitively energized, without experiencing psychological stress (Saoji 3.1.1. Changes due to pace of breathing [01]).
Modified Driscoll in view of Wang, further in view of Saoji is silent to the operation time of the vibration device.
Epureanu discloses:
further comprising: commanding the vibration device to operate for a significant time, greater than 2 minutes (Epureanu [0024]; where the vibration can be applied to the subject for 5 minutes (this is greater than 2 minutes), where the time can be controlled (significant time)).
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 therapeutic method of modified Driscoll in view of Wang, further in view of Saoji to include operating/commanding the vibration device for a significant time, as taught by Epureanu, since, commanding the operation of the vibration device to a certain time allows for the vibrational time to be predetermined and controlled for the subject (Epureanu [0024]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1), further in view of Wang (CN 112105409 A), further in view of He (CN 114470677 A).
Regarding claim 17, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1.
Modified Driscoll in view of Wang is silent to producing a record of the oxygen saturation level over time during the use of the device.
He discloses an intermittent high-low oxygen training method further comprising:
producing a record of the oxygenation saturation level over time during the use of the device (He [0063]; where the trainees blood oxygen saturation level can be monitored and connected to the intermittent high and low oxygen training system, to be then used to obtain more accurate and targeted training – by monitoring the levels over time and connecting it to the training system, a record is being produced of the oxygen saturation level over time of the use of the device, because it continuously tracks how the trainee reacts during use).
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 therapeutic method of modified Driscoll in view of Wang to include a record of oxygen saturation level over time during use of the device as taught by He, since, doing so helps to provide a more accurate and targeted training for trainees (He [0063]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll (US 20150119770 A1) in view of Warren (EP 2934707 A1) further in view of Wang (CN 112105409 A), further in view of Plante (US 7445607 B2).
Regarding claim 19, modified Driscoll in view of Wang further discloses the therapeutic method of claim 1.
Modified Driscoll in view of Wang is silent to the vibrational power.
Plante discloses a vibrational device further comprising:
applying an average vibrational power of at least 30 watts (Plante [010]; where the average vibrational power applied is 30 watts, from the range 10-50 watts to the patient).
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 therapeutic method of modified Driscoll in view of Wang to include a vibrational power of at least 30 watts as taught by Plante, since, 30 watts allows for low frequency vibration waves to propagate through the user without inducing pain (Plante [010]).
Referenced Cited
[1] Saoji, A. A., Raghavendra, B. R., & Manjunath, N. K. (2019, March). Effects of yogic breath regulation: A narrative review of scientific evidence. Journal of Ayurveda and integrative medicine. https://pmc.ncbi.nlm.nih.gov/articles/PMC6470305/
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Givler (US 20220110781 A1): an alternate nose plug.
Zalevsky (EP 3099223 B1): alternate monitoring of biological parameters of an individual.
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 7:30-5, EO Friday 7:30-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 5712707410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights