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 .
Response to Amendments
This office action is responsive to the amendment filed on 07/23/2026. As directed by the amendment: claims 1, 10, and 17 have been amended, no claims have been canceled, and no new claims have been added. Thus, claims 1-20 are presently pending in the application.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 11077015 B2) in view of Marton (US 20200170880 A1), in further view of Rock (US 20050127057 A1).
Regarding claim 1, Brown discloses a therapeutic hub (FIG. 1-14 Vibration module 10 as set forth in column 3 lines 4-10), comprising: a housing (FIG. 1-2 Housing 12 as set forth in column 3 in lines 11-15 and FIG. 5 A Top 60 and bottom cover 62 as set forth in column 3 in lines 45-49, and internal frame 59 as set forth in column 3 in lines 50-53) comprising a plurality of flexible arms radially extending from the housing in a pattern (FIG. 1-4 Flexible arms 16, 18, 20, 22, 24 and 26 that radiate outwardly from housing 12 as set forth in column 3 lines 11-15); a plurality of vibratory motors, each of which being associated with one of the plurality of flexible arms (FIG. 1-5 Terminal ends of arms 16, 18, 20, 22, 24 and 26 house coin motors 28, 30, 32, 34, 36, and 38 as set forth in column 3 in lines 14-22); and a control system for selectively operating the vibratory motors (FIG. 1-5 The motors 28, 30, 32, 34, 36 and 38 are electrically connected to the “control system”, the control system being the electrical wire connectors 40, 42, 44, 48, and 50 that connect the motors to the printed circuit board (PCB) 70, and a lithium battery 72 which also connects to electrical plug in 75 on printed circuit board 70 and the mode switch 14 that allows the frequency to be varied from low to high frequency to vibration pulsing as set forth in column 3 in lines 14-23), said control system comprising: a control circuit (FIG. 5 Electrical wire connectors 40, 42, 44, 46, 48 and 50 and printed circuit board 70) and a battery electrically connected to the plurality of vibratory motors (Lithium battery 72 as set forth in column 3 in lines 14-23); wherein the control circuit allows for the selective operation of one or both of the vibratory motors (As set forth in column 3 in lines 14-23 and lines 32-39).
Brown fails to explicitly disclose a thermal element positioned in the housing, powered by the battery and selectively operated by the control system.
However, Marton teaches a thermal element positioned in the housing (Marton: FIG. 7 The inner cavity of the vibration and heat generation apparatus 100 further accommodates at least one heat generation unit 130 as set forth in [0041]), powered by the battery and selectively operated by the control system (Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]).
Brown and Marton are both considered to be analogous to the claimed invention because they are in the same field of therapeutic hubs providing vibration. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hub of Brown to incorporate the teaching of Marton and also include a thermal element positioned in the housing (Marton: FIG. 7 The inner cavity of the vibration and heat generation apparatus 100 further accommodates at least one heat generation unit 130 as set forth in [0041]), powered by the battery and selectively operated by the control system (Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]). Doing so would allow for vibration and heat to be applied to different locations on a body without requiring a different device configuration for each location (Marton: As set forth in [0004]), heat and vibration both known to be therapeutic to tired and injured tissues (Marton: As set forth in [0003]).
Brown as modified by Marton fails to explicitly disclose, wherein the thermal element extends into each of the plurality of flexible arms of the housing.
However, it would be obvious to one of ordinary skill in the art would to provide Marton’s heating element throughout the skin-contacting area of Brown, as it is in Marton, given it would enable the device to apply thermal therapy throughout the skin-contacting area (as in Marton).
Alternatively, Rock teaches, wherein the thermal element can extend into various circuit patterns and geometries (Rock: Using a sheet-form conductive layer to form the circuit pattern provides a robust, flat, and pliable heating/warming element that can be easily manufactured and readily attached to a textile to form a fabric article. The flexible nature of the conductive layer provides good dexterity when the heating/warming element is used in a glove or other article of clothing in which flexibility is useful. The sheet-form conductive layer can also be readily configured in various circuit patterns and geometries, e.g., to provide differential heating to different areas of an article as set forth in [0005]). In the case of Brown as modified, the various circuit patterns and geometries being that of the plurality of flexible arms of the housing.
Brown as modified by Marton and Rock are both considered to be analogous to the claimed invention because they are in the same field of therapeutic devices providing heat therapy to a user. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermal element of Brown as modified by Marton to incorporate the teaching of Rock and also include, wherein the thermal element can extend into various circuit patterns and geometries (Rock: Using a sheet-form conductive layer to form the circuit pattern provides a robust, flat, and pliable heating/warming element that can be easily manufactured and readily attached to a textile to form a fabric article. The flexible nature of the conductive layer provides good dexterity when the heating/warming element is used in a glove or other article of clothing in which flexibility is useful. The sheet-form conductive layer can also be readily configured in various circuit patterns and geometries, e.g., to provide differential heating to different areas of an article as set forth in [0005]). In the case of Brown as modified, the various circuit patterns and geometries being that of the plurality of flexible arms of the housing. Doing so would allow thermal therapy to be delivered from a desired portion of the device (Rock: As set forth in [0005]).
Regarding claim 2, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Brown as modified further discloses, wherein the control system further comprises a power button (FIG. 1-2 and 5 Mode switch 14 an on/off push button as set forth in column 3 in lines 20-23).
Regarding claim 3, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Brown as modified further discloses, wherein the control system further comprises a user interface to provide controls for operating the control system (FIG. 1 Button 14 and the LED display as shown at 74, 76, 78, and 80, used to indicate use mode and on/off, to operate the unit one simply turns on the on/off switch 14 by pressing it, and then selects from the mode by how many pushes which is indicated by LED's 74, 76, 78, and 80 as set forth in column 3 in lines 32-38).
Regarding claim 4, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 3 above.
Brown as modified further discloses, wherein the user interface comprises a plurality of control buttons to operate the control system.
Brown as modified discloses, wherein the user interface comprises a control button to operate the control system (As set forth in column 3 in lines 32-38), that can select the mode of operation depending on the number of pushes, but fails to explicitly disclose, wherein the interface comprises a plurality of control buttons.
However, Marton teaches a user interface (Marton: FIG. 17 LCD panel 430 and the overlying touch panel 440 as set forth in [0076]) comprising a plurality of buttons (Marton: FIG. 17 “Start” icon 550 and a “Stop” icon 552, three temperature selection icons, and three vibration selection icons as set forth in [0076]-[0088]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the user interface of Brown to incorporate the teaching of Marton and include a user interface (Marton: FIG. 17 LCD panel 430 and the overlying touch panel 440 as set forth in [0076]) comprising a plurality of buttons (Marton: FIG. 17 “Start” icon 550 and a “Stop” icon 552, three temperature selection icons, and three vibration selection icons as set forth in [0076]-[0088]). Doing so would provide an increased level of control regarding the vibration and heat being provided to the user (Marton: The three vibration modes can be selected in combination with any of the three heat modes and a vibration mode may be selected without selecting a heat mode; and a heat mode may be selected without selecting a vibration mode as set forth in [0089]), as well as provides a detailed display to the user regarding the operational mode of the vibration and heat generation apparatus (Marton: As set forth in [0076]).
Regarding claim 5, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Brown as modified further discloses, wherein the battery comprises a lithium-ion battery (As set forth in column 3 lines 24-29).
Regarding claim 6, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Brown as modified further discloses, wherein the housing comprises silicone (FIG. 5 The top cover 60 is a flexible silicone as set forth in column 3 in lines 50-53 and column 3 lines 40-42).
Regarding claim 7, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 6 above.
Brown as modified further discloses, wherein the housing comprises an upper cover (FIG. 5 Housing 12 and top cover 60) and a lower cover (FIG. 15 Internal frame and bottom cover 62) connected to one another (As set forth in column 3 in lines 40-57).
Regarding claim 8, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Brown as modified further discloses, wherein the vibratory motors comprise coin motors (As set forth in column 3 lines 45-49).
Regarding claim 9, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Brown as modified further discloses, wherein the control circuit operates the plurality of vibratory motors in one of a high frequency vibration setting, a low vibration frequency setting, and a pulsing setting (FIG. 1-5 Mode switch 14 allows the frequency to be varied from low to high frequency to vibration pulsing as set forth in column 3 in lines 20-23).
Regarding claim 10, Brown discloses a therapeutic hub (FIG. 1-14 Vibration module 10 as set forth in column 3 lines 4-10), comprising: a silicone housing (FIG. 1-2 Housing 12 as set forth in column 3 in lines 11-15 and FIG. 5 A Top 60 and bottom cover 62 as set forth in column 3 in lines 45-49, and internal frame 59 as set forth in column 3 in lines 50-53; at least the top cover 60 is a flexible silicone as set forth in column 3 in lines 50-53 and column 3 lines 40-42) comprising an upper portion (FIG. 5 Housing 12 and top cover 60) and a lower portion (FIG. 15 Internal frame and bottom cover 62) and a plurality of flexible arms radially extending from the housing in a pattern (FIG. 1-4 Flexible arms 16, 18, 20, 22, 24 and 26 that radiate outwardly from housing 12 as set forth in column 3 lines 11-15); and a therapeutic system housed at least partially in the silicone housing (FIG. 1-5 Motors 28, 30, 32, 34, 36 and 38 are electrically connected to the “control system”, the control system being the electrical wire connectors 40, 42, 44, 48, and 50 that connect the motors to the printed circuit board (PCB) 70, and a lithium battery 72 which also connects to electrical plug in 75 on printed circuit board 70 and the mode switch 14 that allows the frequency to be varied from low to high frequency to vibration pulsing as set forth in column 3 in lines 14-23, the components located in the housing as shown in FIG. 5), said therapeutic system comprising: a user interface (FIG. 1 Button 14 and the LED display as shown at 74, 76, 78, and 80, used to indicate use mode and on/off, to operate the unit one simply turns on the on/off switch 14 by pressing it, and then selects from the mode by how many pushes which is indicated by LED's 74, 76, 78, and 80 as set forth in column 3 in lines 32-38); a control circuit (FIG. 5 Electrical wire connectors 40, 42, 44, 46, 48 and 50 and printed circuit board 70) and battery (Lithium battery 72 as set forth in column 3 in lines 14-23) connected to the user interface (All the components interact with circuit board 70 as shown in FIG. 5); a plurality of vibratory motors, each of said plurality of vibratory motors associated with one of the plurality of flexible arms (FIG. 1-5 Terminal ends of arms 16, 18, 20, 24 and 26 house coin motors 28, 30, 32, 34, 36, and 38 as set forth in column 3 in lines 14-22).
Brown fails to explicitly disclose a thermal element.
However, Marton teaches a thermal element (Marton: FIG. 7 Heating generating element 130 as set forth in [0041]). Additionally, the thermal element being powered by a battery and selectively operated by a control system (Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]). Doing so would allow for vibration and heat to be applied to different locations on a body without requiring a different device configuration for each location (Marton: As set forth in [0004]), heat and vibration both known to be therapeutic to tired and injured tissues (Marton: As set forth in [0003]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hub and control system of Brown to incorporate the teaching of Marton and also include a thermal element (Marton: FIG. 7 Heating generating element 130 as set forth in [0041]), the thermal element being powered by a battery and selectively operated by the control system (Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]). Doing so would allow for vibration and heat to be applied to different locations on a body without requiring a different device configuration for each location (Marton: As set forth in [0004]), heat and vibration both known to be therapeutic to tired and injured tissues (Marton: As set forth in [0003]).
Brown as modified by Marton fails to explicitly disclose, wherein the thermal element extends into each of the plurality of flexible arms.
However, it would be obvious to one of ordinary skill in the art would to provide Marton’s heating element throughout the skin-contacting area of Brown, as it is in Marton, given it would enable the device to apply thermal therapy throughout the skin-contacting area (as in Marton).
Alternatively, Rock teaches, wherein the thermal element can extend into various circuit patterns and geometries (Rock: Using a sheet-form conductive layer to form the circuit pattern provides a robust, flat, and pliable heating/warming element that can be easily manufactured and readily attached to a textile to form a fabric article. The flexible nature of the conductive layer provides good dexterity when the heating/warming element is used in a glove or other article of clothing in which flexibility is useful. The sheet-form conductive layer can also be readily configured in various circuit patterns and geometries, e.g., to provide differential heating to different areas of an article as set forth in [0005]). In the case of Brown as modified, the various circuit patterns and geometries being that of the plurality of flexible arms.
Brown as modified by Marton and Rock are both considered to be analogous to the claimed invention because they are in the same field of therapeutic devices providing heat therapy to a user. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermal element of Brown as modified by Marton to incorporate the teaching of Rock and also include, wherein the thermal element can extend into various circuit patterns and geometries (Rock: Using a sheet-form conductive layer to form the circuit pattern provides a robust, flat, and pliable heating/warming element that can be easily manufactured and readily attached to a textile to form a fabric article. The flexible nature of the conductive layer provides good dexterity when the heating/warming element is used in a glove or other article of clothing in which flexibility is useful. The sheet-form conductive layer can also be readily configured in various circuit patterns and geometries, e.g., to provide differential heating to different areas of an article as set forth in [0005]). In the case of Brown as modified, the various circuit patterns and geometries being that of the plurality of flexible arms. Doing so would allow thermal therapy to be delivered from a desired portion of the device (Rock: As set forth in [0005]).
Regarding claim 11, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Brown as modified further discloses, wherein the user interface comprises a power button (FIG. 1-2 and 5 Mode switch 14 an on/off push button as set forth in column 3 in lines 20-23).
Regarding claim 12, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 11 above.
Brown as modified further discloses, wherein the user interface further comprises a control button to adjust the vibratory motors (FIG. 1 Button 14 and the LED display as shown at 74, 76, 78, and 80, used to indicate use mode and on/off, to operate the unit one simply turns on the on/off switch 14 by pressing it, and then selects from the mode by how many pushes which is indicated by LED's 74, 76, 78, and 80 as set forth in column 3 in lines 32-38).
Regarding claim 13, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Brown as modified further discloses, wherein the vibratory motors comprise coin motors (As set forth in column 3 lines 45-49).
Regarding claim 14, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 13 above.
Brown as modified further discloses, wherein, wherein the control circuit operates the plurality of vibratory motors in one of a high frequency vibration setting, a low vibration frequency setting, and a pulsing setting (FIG. 1-5 Mode switch 14 allows the frequency to be varied from low to high frequency to vibration pulsing as set forth in column 3 in lines 20-23).
Regarding claim 15, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Brown as modified further discloses, wherein the thermal element is electrically activated and controlled via the control circuit (As modified for claim 10 above, the thermal element is powered by the battery and selectively operated by the control system; Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]).
Regarding claim 16, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 11 above.
Brown as modified further discloses, wherein the battery comprises a lithium-ion battery (As set forth in column 3 lines 24-29) that is rechargeable (As set forth in column 5 in lines 5-6).
Regarding claim 17, Brown discloses a therapeutic hub (FIG. 1-14 Vibration module 10 as set forth in column 3 lines 4-10) having a plurality of flexible arms extending from a central region in a patterned manner (FIG. 1-4 Flexible arms 16, 18, 20, 22, 24, and 26 that radiate outwardly from housing 12 as set forth in column 3 lines 11-15), the hub comprising: a plurality of vibratory motors, with one of the vibratory motors in each of the plurality of flexible arms (FIG. 1-5 Terminal ends of arms 16, 18, 20, 22, 24 and 26 house coin motors 28, 30, 32, 34, 36, and 38 as set forth in column 3 in lines 14-22) and a control circuit (FIG. 1-5 The motors 28, 30, 32, 34, 36 and 38 are electrically connected to the “control system”, the control system being the electrical wire connectors 40, 42, 44, 48, and 50 that connect the motors to the printed circuit board (PCB) 70, and a lithium battery 72 which also connects to electrical plug in 75 on printed circuit board 70 and the mode switch 14 that allows the frequency to be varied from low to high frequency to vibration pulsing as set forth in column 3 in lines 14-23) to selectively activate the plurality of vibratory motors to allow selective therapeutic treatment at the plurality of flexible arms (As set forth in column 3 in lines 14-23 and lines 32-39).
Brown fails to explicitly disclose a thermal element to provide heat and a control circuit to selectively activate the thermal element to allow selective therapeutic treatment.
However, Marton teaches a thermal element to provide heat thereto (Marton: FIG. 7 Heating generating element 130 as set forth in [0041]) and a control circuit to selectively activate the thermal element to allow selective therapeutic treatment at the plurality of flexible arms (Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hub and control system of Brown to incorporate the teaching of Marton and also include a thermal element to provide heat thereto (Marton: FIG. 7 Heating generating element 130 as set forth in [0041]) and a control circuit to selectively activate the thermal element to allow selective therapeutic treatment (Marton: FIG. 7 The control unit 140 houses electronic circuitry and at least one battery as set forth in [0007]; FIG. 18 is block diagram 600 of the electrical circuitry of the vibration and heat generation apparatus 100 as set forth in [0093]; The apparatus can apply vibration to a selected location of the body, can apply heat to the selected location of the body, and can apply a combination of vibration and heat to the selected location of the body as set forth in [0039]; FIG. 17 To control the apparatus the upper end of the control unit 140 comprises the LCD panel 430 and the overlying touch panel 440 as set forth in [0076]). Doing so would allow for vibration and heat to be applied to different locations on a body without requiring a different device configuration for each location (Marton: As set forth in [0004]), heat and vibration both known to be therapeutic to tired and injured tissues (Marton: As set forth in [0003]).
Brown as modified by Marton fails to explicitly disclose, wherein the thermal element extends into each of the plurality of flexible arms to provide heat and selective therapy at the plurality of flexible arms.
However, it would be obvious to one of ordinary skill in the art would to provide Marton’s heating element throughout the skin-contacting area of Brown, as it is in Marton, given it would enable the device to apply thermal therapy throughout the skin-contacting area (as in Marton).
Alternatively, Rock teaches, wherein the thermal element can extend into various circuit patterns and geometries (Rock: Using a sheet-form conductive layer to form the circuit pattern provides a robust, flat, and pliable heating/warming element that can be easily manufactured and readily attached to a textile to form a fabric article. The flexible nature of the conductive layer provides good dexterity when the heating/warming element is used in a glove or other article of clothing in which flexibility is useful. The sheet-form conductive layer can also be readily configured in various circuit patterns and geometries, e.g., to provide differential heating to different areas of an article as set forth in [0005]). In the case of Brown as modified, the various circuit patterns and geometries being that of the plurality of flexible arms of the housing.
Brown as modified by Marton and Rock are both considered to be analogous to the claimed invention because they are in the same field of therapeutic devices providing heat therapy to a user. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermal element of Brown as modified by Marton to incorporate the teaching of Rock and also include, wherein the thermal element can extend into various circuit patterns and geometries (Rock: Using a sheet-form conductive layer to form the circuit pattern provides a robust, flat, and pliable heating/warming element that can be easily manufactured and readily attached to a textile to form a fabric article. The flexible nature of the conductive layer provides good dexterity when the heating/warming element is used in a glove or other article of clothing in which flexibility is useful. The sheet-form conductive layer can also be readily configured in various circuit patterns and geometries, e.g., to provide differential heating to different areas of an article as set forth in [0005]). In the case of Brown as modified, the various circuit patterns and geometries being that of the plurality of flexible arms, meaning the heat and selective therapy would be provided at the plurality of flexible arms. Doing so would allow thermal therapy to be delivered from a desired portion of the device (Rock: As set forth in [0005]).
Regarding claim 18, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 17 above.
Brown as modified further discloses, the hub further comprising a user interface operatively connected to the control circuit to control the selective therapeutic treatment (FIG. 1 Button 14 and the LED display as shown at 74, 76, 78, and 80, used to indicate use mode and on/off, to operate the unit one simply turns on the on/off switch 14 by pressing it, and then selects from the mode by how many pushes which is indicated by LED's 74, 76, 78, and 80 as set forth in column 3 in lines 32-38).
Regarding claim 19, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 17 above.
Brown as modified by Marton further discloses, the hub further comprising a housing for enclosing the plurality of vibratory motors, the thermal element (Marton: The heat generation unit 130 as modified for claim 17 above), and the control circuit (FIG. 1-2 Housing 12 as set forth in column 3 in lines 11-15 and FIG. 5 A Top 60 and bottom cover 62 as set forth in column 3 in lines 45-49, and internal frame 59 as set forth in column 3 in lines 50-53; at least the top cover 60 is a flexible silicone as set forth in column 3 in lines 50-53 and column 3 lines 40-42), said housing comprising a silicone material (FIG. 5 The top cover 60 is a flexible silicone as set forth in column 3 in lines 50-53 and column 3 lines 40-42).
Regarding claim 20, Brown as modified discloses the claimed invention substantially as claimed as set forth for claim 17 above.
Brown as modified by Marton further discloses, the hub further comprising a battery connected to the plurality of vibratory motors, the thermal element (Marton: The heat generation unit 130 as modified for claim 17 above), and the control circuit to provide electric power thereto (FIG. 1-5 The motors 28, 30, 32, 34, 36, and 38 are electrically connected to the “control system”, the control system being the electrical wire connectors 40, 42, 44, 48, and 50 that connect the motors to the printed circuit board (PCB) 70, and a lithium battery 72 which also connects to electrical plug in 75 on printed circuit board 70 and the mode switch 14 that allows the frequency to be varied from low to high frequency to vibration pulsing as set forth in column 3 in lines 14-23).
Response to Arguments
Applicant's arguments filed 07/23/2026 have been fully considered but they are not persuasive.
Applicant argues that Examiner’s interpretation of Marton and its ability to extend into arms of the device is an attempt to make some mental gymnastics to address the claim limitation.
However, Examiner would like to note that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims must be interpreted given their broadest reasonable interpretation, therefore, the left and right ends of the flexible support platform of apparatus were considered arms given they are portions of the device that extend away from the central portion. Nonetheless, new grounds of rejection are made above to address the amendments to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEIRA EILEEN CALLISON/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights