DETAILED ACTION
This office action is in response to the claims filed 1/10/2024. Claims 1-20 are presently pending in this application.
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 4 and 16 are objected to because of the following informalities: Lines 2-3 of claims 4 and 16 recite, “a second compressible element in contact the one or more pressure sensors”; it is suggested to amend the claim to recite --a second compressible element in contact with the one or more pressure sensors-- to make the claim more grammatically correct. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a first structure”, “a second structure”, “one or more first compressible elements”, “one or more stimulation elements” in claims 1, 14, and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 12 is/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 pre-AIA the applicant regards as the invention.
Claim 12 recites the limitations “the first stimulation element” and "the plurality of second stimulation elements" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim(s) 1-2, 13, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiu (5,327,886).
Regarding claim 1, Chiu discloses a therapeutic device, comprising: a first structure (2) (second structure includes thermoelectric module (2), upper radiating fin (21), lower radiating fin (22) and bottom pad (23) (col 2, ln 11-40) and a second structure (1) (housing) connected through one or more first compressible elements (4) (springs) (col 2, ln 52-64), one or both of the first structure (2) and the second structure (1) comprising one or more stimulation elements (first structure includes motor (M1) to generate a vibration effect (col 2, ln 30-35) and thermoelectric module (2) to generate a cooling effect for cold compress or a thermal effect for hot compress (col 2, ln 30-25), wherein the one or more first compressible elements (4) are configured to transition between a compressed state and an expanded state (springs (4) can transition between a compressed state and an expanded state to keep the second structure (2) in a suspension state (col 2, ln 55-64).
Regarding claim 2, Chiu discloses the one or more stimulation elements are selected from a group consisting of heating elements (2) (thermoelectric module (2) may generate thermal effect for hot compress) (col 2, ln 19-22), cooling elements (2) (thermoelectric module (2) may generate cooling effect for cold compress) (col 2, ln 19-22), or vibration elements (M1) (motor for driving eccentric wheel (15) to generate a vibration effect) (col 2, ln 30-35).
Regarding claim 13, Chiu discloses one or both of the first structure (2) and the second structure (1) comprise a respective fastening arrangement (5) (belt) configured to mechanically couple the first structure (2) or the second structure (1) to another object (second structure (1) may be further provided with two fastening means (17) at its two opposite sides so that a belt (5) can be used together with the fastening means (17) to tie the massage device to the desired part of the body) (col 4, ln 1-7)
Regarding claim 20, Chiu discloses a device whose ordinary use discloses a method of manufacturing a therapeutic device, the method comprising: providing a first structure (2) (second structure includes thermoelectric module (2), upper radiating fin (21), lower radiating fin (22) and bottom pad (23) (col 2, ln 11-40), a second structure (1) (housing), and one or more first compressible elements (4) (springs) (col 2, ln 52-64); connecting the first structure (2) and the second structure (1) through the one or more first compressible elements (4) (col 2, ln 55-64); and providing one or more stimulation elements within one or both of the first structure and the second structure (first structure includes motor (M1) to generate a vibration effect (col 2, ln 30-35) and thermoelectric module (2) to generate a cooling effect for cold compress or a thermal effect for hot compress (col 2, ln 30-25), wherein the one or more first compressible elements (4) are configured to transition between a compressed state and an expanded state (springs (4) can transition between a compressed state and an expanded state to keep the second structure (2) in a suspension state (col 2, ln 55-64).
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 of this title, 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu as applied to claim 1 above, and further in view of Rodriguez et al (2024/0065933) and Wersland et al (2022/0211575).
Regarding claim 3, Chiu discloses the first structure comprises: a supporting bracket (21) (upper radiating fin), a first stimulation element (2) (thermoelectric module), and a second stimulation element (M1) (motor), the first stimulation element (2) and the second stimulation element (M1) at least partially constituting the one or more stimulation elements (col 2, ln 41-64), and the second structure comprises: a lid located on a second side of the supporting bracket (21) (bottom of housing comprises a lid), wherein the one or more first compressible elements (3) are disposed between the supporting bracket surface (21) and the lid, on the second side of the supporting bracket (21) (as shown in fig 2, compressible elements (4) extend from the bottom side of the supporting bracket (21) and are disposed between the bottom side of the supporting bracket (21) and the bottom of the second housing forming the lid).
Chiu does not disclose a Printed Circuit Board (PCB) located on a first side of the supporting bracket and an electrical power source electrically coupled to the PCB.
However Rodriguez in figs 1-6 teaches a therapeutic device including a supporting structure (27) (lower casing) (para [0070]) a printed circuit board (PCB) (32) located on a first (top) side of the supporting structure (27) (para [0070]), a firsts stimulation element (38) (thermal element) to provide heating/cooling to a user (para [0078]), a second stimulation element (36) (vibration motors) (para [0077]), and an electrical power source (34) (battery) electrically coupled to the PCB (32) (para [0070]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Chiu by providing a PCB located on a first side of the supporting bracket and an electrical power source electrically coupled to the PCB as taught by Rodriguez in order to provide for selective control for operating the first and second stimulation elements (Rodriguez, para [0020]) and to provide a battery to provide electrical power to the device without requiring the device to be plugged in (Rodriguez, para [0040]).
The now-modified Chiu’s device does not disclose a plurality of second stimulation elements.
However, Wersland teaches a therapeutic device including a first stimulation element (19) (reciprocating attachment) (para [0019]) and a second stimulation element (18) (ring module) (para [0085]), wherein the second stimulation element (18) may include a plurality of second stimulation elements (38) (LEDs) for providing red LED treatment, blue LED treatment, or an infrared treatment (para [0094]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by providing a module surrounding the first stimulation element and including a plurality of second stimulating elements comprising LEDs as taught by Wersland in order to allow the device to perform phototherapy to reduce wrinkles, moderate acne, and/or to reduce pain or discomfort (Wersland, para [0042]).
Regarding claim 6, the modified Chiu’s reference discloses that, in construction, the plurality of second stimulation elements (38 of Wersland) defines a periphery surrounding the first stimulation element (19 of Wersland) (as shown in figs 1-4 of Wersland, the second stimulation elements (38 of Wersland) are shown to be disposed at a periphery surrounding a first stimulation element (19 of Wersland) (Wersland, fig 4, para [0085]).
Regarding claim 7, the modified Chiu’s reference discloses the plurality of second elements (38 of Wersland) comprises Light Emitting Diodes (LEDs) (para [0095]), and the first structure further comprises a diaphanous cover layer (41 of Wesland) (cover allows light from LEDs to be transmitted (Wersland, para [0095]), and LEDs can be red, blue, and/or infrared (Wersland, para [0094]) and therefore is capable of transmitting red light, blue light, and infrared light) disposed over the plurality of second stimulation elements (38 of Wersland) towards the first side (see fig 8 of Wersland).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu, Rodriguez et al, and Wersland et al, as applied to claim 3 above, and further in view of Pryor et al (2015/0174424).
Regarding claim 4, modified Chiu discloses a therapeutic device.
Modified Chiu does not disclose one or more pressure sensors electrically coupled to the PCB, a second compressible element in contact the one or more pressure sensors towards the second side, wherein the one or more pressure sensors are configured to sense a pressure exerted on the second compressible element for activation and deactivation of the one or more of the first stimulation element and the plurality of second stimulation elements.
However, Pryor teaches a therapeutic apparatus (100), wherein the therapeutic apparatus (100) includes a pressure sensor configured to control the on/off status of a stimulation element (light source for phototherapy), a second compressible element in contact with the one or more pressure sensors (pressure sensor is spring-loaded device feature), wherein pressure sensor is configured to sense a pressure exerted on the second compressible element for activation and deactivation of the stimulation element (pressure sensor is a spring-loaded device feature to control the on/off status of the light source in such a way that the light source can only be turned on when the device touches the skin tissue) (para [0027]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by providing one or more pressure sensors electrically coupled to the PCB, a second compressible element in contact the one or more pressure sensors towards the second side, wherein the one or more pressure sensors are configured to sense a pressure exerted on the second compressible element for activation and deactivation of the one or more of the first stimulation element and the plurality of second stimulation elements as taught by Pryor so that the stimulation elements can only be turned on when in contact with the skin tissue (Pryor, para [0027]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu, Rodriguez et al, Wersland et al, and Pryor et al as applied to claim 4 above, and further in view of Alexander (2020/0253811).
Regarding claim 5, modified Chiu discloses the first stimulation element is a heating element (2) (thermoelectric module can provide a heating effect) shown to be a heating plate (fig 1, col 2, ln 20-24), one or more temperature sensors (T) (thermoswitches) thermally coupled to the first stimulation element (2), the one more temperature sensors (T) configured to sense a temperature of the first stimulation element (2), such that, in use, electrical power being supplied to the heating element (2) is modified in correlation with the sensed temperature (second switch (12) is a temperature selection switch that controls electrical connection of the heating element (2) and the temperature desired, accordingly (col 2, ln 24-30).
Modified Chiu does not disclose the heating element is a heating plate thermally coupled to a resistive heating coil.
However, Alexander teaches a therapeutic device including a first stimulation element (16) (vibration motor) (para [0025]) and a second stimulation element comprising a heating element (18), wherein the heating element is shown in fig 2 to be a heating plate (32) (heating pad) thermally coupled to a heat conductor (18) which can be a resistive heating coil (para [0024]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by substituting the thermoelectric heating element with a heating plate thermally coupled to a resistive heating coil, as it would be a simple substitution of one known heating element for another, as the use of a heating element comprising a heating plate thermally coupled to a resistive heating coil is known in the art, and it appears that the device of modified Chiu would perform equally well to perform a heating function if the heating element is a heating plate thermally coupled to a resistive heating coil. See MPEP 2143(I)(B).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu as applied to claim 1 above, and further in view of Wersland et al.
Regarding claim 9, Chiu discloses one or more stimulation elements.
Chiu does not disclose the one or more stimulation elements comprise a plurality of irradiation sources configured to emit electromagnetic radiation with wavelength ranges of 300 nm to 1200 nm.
However, Wersland teaches a therapeutic device including a first stimulation element (19) (reciprocating attachment) (para [0019]) and a second stimulation element (18) (ring module) (para [0085]), wherein the second stimulation element (18) comprises a plurality of irradiation sources (38) (LEDs) for providing red LED treatment, blue LED treatment, or an infrared treatment (para [0094]) configured to emit electromagnetic radiation with wavelength ranges of 300 nm to 1200 nm (red LEDs can provide red light with a wavelength of 633 nm ± 10 nm and blue LEDs can provide blue light with a wavelength of 415 nm ±10 nm) (para [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by providing a plurality of irradiation sources configured to emit electromagnetic radiation with wavelength ranges of 300 nm to 1200 nm as taught by Wersland in order to allow the device to perform phototherapy using red light or blue light to reduce wrinkles, moderate acne, and/or to reduce pain or discomfort (Wersland, para [0042]).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu as applied to claim 1 above, and further in view of Imboden et al (2007/0179412).
Regarding claim 11, Chiu discloses a therapeutic device.
Chiu does not disclose a receiver induction coil electrically coupled to the electrical power source, the receiver induction coil configured to receive electrical power from a time-varying magnetic field generated by a transmitter induction coil of a wireless charging device.
However, Imboden teaches a therapeutic device (12) (massager) including a receiver induction coil (42) (inductive coil) electrically coupled to an electrical power source (battery (48) (para [0035]), the receiver induction coil (42) configured to receive electrical power from a time-varying magnetic field generated by a transmitter induction coil (64) (inductive coil) of a wireless charging device (14) (charger) (para [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Chiu by providing receiver induction coil electrically coupled to an electrical power source, the receiver induction coil configured to receive electrical power from a time-varying magnetic field generated by a transmitter induction coil of a wireless charging device in order to allow the device to be used with a battery and allow wireless charging to allow the device to be sealed to be secure from external fluids or liquids (Imboden, para [0025]).
Regarding claim 12, Chiu discloses a therapeutic device.
Chiu does not disclose a communication interface configured to receive a control input signal from a user computing device, such that, in use, operational characteristics of one or more of the first stimulation element and the plurality of second stimulation elements are modified in response to the receipt of the control input signal.
However, Imboden teaches a therapeutic device (massager) including a communication interface (56) (radio frequency transceiver and antenna) configured to receive a control input signal from a user computing device (30) (remote control device) (para [0044]), such that, in use, operational characteristics of a first and/or second stimulation element (46A, 46B) (motors) are modified in response to the receipt of the control input signal (received signals are used to control the operation of motors (46A, B)) (para [0044]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Chiu by providing a communication interface configured to receive a control input signal from a user computing device, such that, in use, operational characteristics of one or more of the first stimulation element and the plurality of second stimulation elements are modified in response to the receipt of the control input signal as taught by Imboden in order to allow the device to be controlled remotely (Imboden, para [0049).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu in view of Wersland et al.
Regarding claim 14, Chiu discloses a therapeutic device, comprising: a first structure (2) (second structure includes thermoelectric module (2), upper radiating fin (21), lower radiating fin (22) and bottom pad (23) (col 2, ln 11-40) and a second structure (1) (housing) connected through one or more first compressible elements (4) (springs) (col 2, ln 52-64), one or both of the first structure (2) and the second structure (1) comprising one or more stimulation elements (first structure includes motor (M1) to generate a vibration effect (col 2, ln 30-35) and thermoelectric module (2) to generate a cooling effect for cold compress or a thermal effect for hot compress(col 2, ln 30-25), wherein the one or more first compressible elements (4) are configured to transition between a compressed state and an expanded state (springs (4) can transition between a compressed state and an expanded state to keep the second structure (2) in a suspension state (col 2, ln 55-64).
Chiu does not disclose wherein the one or more stimulation elements are at least partially constituted by a first stimulation element and a plurality of second stimulation elements, and wherein, in construction, the plurality of second stimulation elements defines a periphery surrounding the first stimulation element.
However, Wersland teaches a therapeutic device including a first stimulation element (19) (reciprocating attachment) (para [0019]) and a second stimulation element (18) (ring module) (para [0085]), wherein the second stimulation element (18) may include a plurality of second stimulation elements (38) (LEDs) for providing red LED treatment, blue LED treatment, or an infrared treatment (para [0094]); and that wherein in construction, the plurality of second stimulation elements (38) defines a periphery surrounding the first stimulation element (19) (as shown in figs 1-4, the second stimulation elements (38) are shown to be disposed at a periphery surrounding a first stimulation element (19) (fig 4, para [0085]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by providing a module surrounding the first stimulation element and including a plurality of second stimulating elements comprising LEDs and wherein, in construction, the plurality of second stimulation elements (LEDs) defines a periphery surrounding the first stimulation element as taught by Wersland in order to allow the device to perform phototherapy to reduce wrinkles, moderate acne, and/or to reduce pain or discomfort (Wersland, para [0042]).
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu and Wersland et al as applied to claim 14 above, and further in view of Rodriguez et al.
Regarding claim 15, modified Chiu discloses the first structure comprises: a supporting bracket (21) (upper radiating fin), a first stimulation element (2) (thermoelectric module), and a second stimulation element (M1) (motor), the first stimulation element (2) and the second stimulation element (M1) at least partially constituting the one or more stimulation elements (col 2, ln 41-64), and the second structure comprises: a lid located on a second side of the supporting bracket (21) (bottom of housing comprises a lid), wherein the one or more first compressible elements (3) are disposed between the supporting bracket surface (21) and the lid, on the second side of the supporting bracket (21) (as shown in fig 2, compressible elements (4) extend from the bottom side of the supporting bracket (21) and are disposed between the bottom side of the supporting bracket (21) and the bottom of the second housing forming the lid).
Modified Chiu does not disclose a Printed Circuit Board (PCB) located on a first side of the supporting bracket and an electrical power source electrically coupled to the PCB.
However Rodriguez in figs 1-6 teaches a therapeutic device including a supporting structure (27) (lower casing) (para [0070]) a printed circuit board (PCB) (32) located on a first (top) side of the supporting structure (27) (para [0070]), a firsts stimulation element (38) (thermal element) to provide heating/cooling to a user (para [0078]), a second stimulation element (36) (vibration motors) (para [0077]), and an electrical power source (34) (battery) electrically coupled to the PCB (32) (para [0070]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by providing a PCB located on a first side of the supporting bracket and an electrical power source electrically coupled to the PCB as taught by Rodriguez in order to provide for selective control for operating the first and second stimulation elements (Rodriguez, para [0020]) and to provide a battery to provide electrical power to the device without requiring the device to be plugged in (Rodriguez, para [0040]).
Regarding claim 18, the modified Chiu’s reference discloses the plurality of second elements (38 of Wersland) comprises Light Emitting Diodes (LEDs) (para [0095]), and the first structure further comprises a diaphanous cover layer (41 of Wesland) (cover allows light from LEDs to be transmitted (Wersland, para [0095]), and LEDs can be red, blue, and/or infrared (Wersland, para [0094]) and therefore is capable of transmitting red light, blue light, and infrared light) disposed over the plurality of second stimulation elements (38 of Wersland) towards the first side (see fig 8 of Wersland).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu, Wersland et al, and Rodriguez et al as applied to claim 15 above, and further in view of Pryor et al.
Regarding claim 16, modified Chiu discloses a therapeutic device.
Modified Chiu does not disclose one or more pressure sensors electrically coupled to the PCB, a second compressible element in contact the one or more pressure sensors towards the second side, wherein the one or more pressure sensors are configured to sense a pressure exerted on the second compressible element for activation and deactivation of the one or more of the first stimulation element and the plurality of second stimulation elements.
However, Pryor teaches a therapeutic apparatus (100), wherein the therapeutic apparatus (100) includes a pressure sensor configured to control the on/off status of a stimulation element (light source for phototherapy), a second compressible element in contact with the one or more pressure sensors (pressure sensor is spring-loaded device feature), wherein pressure sensor is configured to sense a pressure exerted on the second compressible element for activation and deactivation of the stimulation element (pressure sensor is a spring-loaded device feature to control the on/off status of the light source in such a way that the light source can only be turned on when the device touches the skin tissue) (para [0027]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by providing one or more pressure sensors electrically coupled to the PCB, a second compressible element in contact the one or more pressure sensors towards the second side, wherein the one or more pressure sensors are configured to sense a pressure exerted on the second compressible element for activation and deactivation of the one or more of the first stimulation element and the plurality of second stimulation elements as taught by Pryor so that the stimulation elements can only be turned on when in contact with the skin tissue (Pryor, para [0027]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu, Wersland et al, Rodriguez et al, and Pryor et al as applied to claim 16 above, and further in view of Alexander.
Regarding claim 17, modified Chiu discloses the first stimulation element is a heating element (2) (thermoelectric module can provide a heating effect) shown to be a heating plate (fig 1, col 2, ln 20-24), one or more temperature sensors (T) (thermoswitches) thermally coupled to the first stimulation element (2), the one more temperature sensors (T) configured to sense a temperature of the first stimulation element (2), such that, in use, electrical power being supplied to the heating element (2) is modified in correlation with the sensed temperature (second switch (12) is a temperature selection switch that controls electrical connection of the heating element (2) and the temperature desired, accordingly (col 2, ln 24-30).
Modified Chiu does not disclose the heating element is a heating plate thermally coupled to a resistive heating coil.
However, Alexander teaches a therapeutic device including a first stimulation element (16) (vibration motor) (para [0025]) and a second stimulation element comprising a heating element (18), wherein the heating element is shown in fig 2 to be a heating plate (32) (heating pad) thermally coupled to a heat conductor (18) which can be a resistive heating coil (para [0024]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Chiu by substituting the thermoelectric heating element with a heating plate thermally coupled to a resistive heating coil, as it would be a simple substitution of one known heating element for another, as the use of a heating element comprising a heating plate thermally coupled to a resistive heating coil is known in the art, and it appears that the device of modified Chiu would perform equally well to perform a heating function if the heating element is a heating plate thermally coupled to a resistive heating coil. See MPEP 2143(I)(B).
Allowable Subject Matter
Claims 8, 10, and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement for reasons for allowance: The closest prior art of the record, Chiu (5,327,886) and Wersland et al (2022/0211575) disclose the limitations of claims 1 and 14. However, neither Chiu, Wersland, nor the other prior art of record disclose an expansion switch coupled to the one or more first compressible elements, the expansion switch configured to activate the one or more stimulation elements when at least one of the one or more first compressible elements are in the expanded state and deactivate the one or more stimulation elements when each one of the one or more compressible elements are in the compressed state as recited in claims 8 and 19; or wherein at least one of the one or more first compressible elements comprises an air transfer port configured to receive air when a respective first compressible element, of the one or more first compressible elements, transitions from the compressed state to the expanded state, and to release air when the respective first compressible element transitions from the expanded state to the compressed state as recited in claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Christiansen et al (2020/0360691), Kriksunov (2010/0228304), Shimizu (6,679,908) and Cheng (5,336,159) disclose therapeutic devices configured to perform massage, heating, cooling, and/or light therapy; and Iwamoto et al (4,958,628) and Gentry (5,117,815) disclose therapeutic devices including a compressible element connecting a first and second structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS Y SUL whose telephone number is (571)270-5260. The examiner can normally be reached Monday-Friday 9 am-5:30 pm EST.
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, TIMOTHY STANIS can be reached at 571-272-5139. 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.
/DOUGLAS Y SUL/Examiner, Art Unit 3785
Prosecution Insights