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 .
This office action is in response to the amendment filed 6/18/26. As directed by the amendment: claim 17 has been amended, claims 1-16 and 18 have been cancelled, and claims 19-33 have been added. As such, claims 17 and 19-33 are pending in the instant application.
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 28 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 28 contains the trademark/trade names “Bluetooth” (line 5) and “Wi-Fi” (line 6). Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a trademarked wireless communication protocol and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marton et al. (2023/0084903) in view of Tai (2022/0087896) and Chandramohan et al. (9,769,558).
Regarding claim 17, Marton discloses a physiotherapeutic apparatus system (see Marton Fig. 1-8 and para. 0004, 0046, and 0049) which includes a physiotherapeutic apparatus including a first drive portion and a first patch, wherein along a first direction the first patch is positioned on a side of the first drive portion and is and is movably integrally formed with the first drive portion, the first direction being a thickness direction of the first drive portion and the first patch (see Fig. 1-8 and para. 0004, 0046, and 0049, first drive portion 140 and first patch 110; the first direction being the vertical direction in Fig. 5 for example and which shows the first patch 110 on a first side of the first drive portion 140, together integrally movable, and this first direction being a thickness direction of the drive portion and patch). Marton is silent as to including a physiotherapeutic apparatus receptacle for accommodating the physiotherapeutic apparatus and including a housing with an accommodation chamber formed therein, a base arranged at an opening of the accommodation chamber, the base recessed towards an interior of the accommodation chamber to define an accommodation trough; however, Tai teaches a similar physiotherapeutic apparatus (Tai Fig. 1, apparatus 1) and which is accommodated in a physiotherapeutic apparatus receptacle (Tai Fig. 1, receptacle 2), the receptacle including a housing defining an accommodation chamber therein (see Tai Fig. 1-3, housing 20 which defines a chamber therein as can be seen in Fig. 3), a base arranged at an opening of the accommodation chamber and which is recessed towards an interior of the chamber to define an accommodation trough (see Tai Fig. 1-3, base 21 at the top opening of housing 20 and which is recessed towards an interior of the chamber to define an accommodation trough to house the physiotherapeutic device as can be seen in Figs. 1-3 and para. 0025). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Marton system to further include a receptacle having a housing with a base defining an accommodation trough there, as taught by Tai, in order to provide for storage and charging of the physiotherapeutic device (see Tai para. 0025). The now modified Marton device is silent as to the accommodation chamber of the base defining first and second accommodation troughs arranged adjacent to each other along the first direction; however, Chandramohan discloses a device storage/charging receptacle including first and second accommodation troughs adjacent to each other in a first direction to accommodate first and second portions of a device (see Chandramohan Fig. 1 and 3; receptacle base 105 having/defining first and second accommodation troughs of recess 110a or 110b which receives and houses portions of device 115a, an earbud in this reference; see annotated Fig. 3 below with first and second troughs of cavity/recess 110a labeled). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton device’s receptacle to include first and second accommodation troughs, as taught by Chandramohan, as this type of customized shaped accommodation troughs to house a body is well-known and would be obvious to apply to the two body type of device to securely housed the device therein (i.e. physiotherapeutic device of Marton). The now modified Marton device is such that the first drive portion is received in the first accommodation trough, the first patch received in the second accommodation trough and which remain connected to each other which simultaneously received in the troughs, respectively, with the troughs being adjacent each other along the first, thickness direction (see annotated Fig. 3 of Chandramohan below, this shape of first and second troughs applied to modified Marton provides for the first trough to house the first drive portion 140 of Marton and the second trough housing the first patch 110 of Marton, this applied to the storage receptacle taught by Tai).
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Regarding claim 19, the modified Marton system is such that the shape and dimension of the first accommodation trough match the shape and dimension of the first drive portion, the shape and dimension of the second accommodation trough match the shape and dimension of the first patch; and wherein a width of the second accommodation trough is greater than a width of the first accommodation trough, and a thickness of the second accommodation trough is less than a thickness of the first accommodation trough (see Chandramohan Fig. 1 and 3, modified Marton storing device of Marton in Fig. 1-8 in a vertical configuration and thus the troughs matching the shapes of their respective elements being housed/received therein and having the shape and dimensions as claimed).
Claim(s) 20-26 and 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marton, Tai, and Chandramohan as applied to claim 17 above, and further in view of van den Dries et al. (2018/0079572).
Regarding claim 20, the modified Marton system is silent as to including a second apparatus including a second drive portion and second patch positioned on a side of the second drive portion and movably integrally formed therewith to be housed in a third accommodation trough and second as claimed; however, van den Dries teaches a similar therapeutic system including a receptacle with plural accommodation troughs for housing two physiotherapeutic devices (see van den Dries Fig. 1A-C, 4 and 5; physiotherapeutic devices 600 and 700 housed in receptacle 101 with base 110 with troughs 181, 162, 172). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton system to include an additional physiotherapeutic apparatus including second drive portion and patch with accommodation troughs, as taught by van den Dries, in order to provide an additional physiotherapeutic device for providing simultaneous therapy at another location on the user’s body. This would have also been obvious duplication of parts (see MPEP 2144.04 VI B). The modification would provide that the second drive portion be stored in a third accommodation trough arranged on a side far away from the first trough (opposite/mirror of first trough in annotated Fig. 3 of Chandramohan above, cavity 110b) with the first drive portion and first patch remaining connected to each other and the second patch and second drive portion and second patch remaining connected to each other when received in the receptacle (see Fig. 3 of Chandramohan as applied to the therapy devices, plural, of Marton). The second accommodating trough of modified Marton can be considered as the second trough labeled above in annotated Fig. 3 of Chandramohan and including same corresponding portion of recess/trough 110b, or further modification in view of van den Dries which shows three troughs interconnected in Fig. 4. This would also have been obvious rearrangement of parts (see MPEP 2144.04 VI C).
Regarding claim 21, the modified Marton system is such that the shape and dimension of the third accommodation trough match the shape and dimension of the second drive portion, a width of the third accommodation trough is less than a width of the second accommodation trough, and a thickness of the third accommodation trough is greater than a thickness of the second accommodation trough (see Chandramohan Fig. 1 and 3, modified Marton storing plural devices of Marton in Fig. 1-8, in view of van den Dries, in a vertical configuration and thus the troughs matching the shapes of their respective elements being housed/received therein and having the shape and dimensions as claimed).
Regarding claim 22, the modified Marton system includes a first spacer is defined between the first accommodation trough and the second accommodation trough; and a second spacer is defined between the second accommodation trough and the third accommodation trough; wherein the first spacer is configured to be inserted between the first drive portion and the first patch, and the second spacer is configured to be inserted between the second drive portion and the second patch (see Chandramohan which shows upwardly extending spacers defined between second and first and second and third troughs).
Regarding claim 23, the modified Marton system includes a first printed circuit board, a battery, and a second printed circuit board successively arranged in the accommodation chamber with the battery electrically connected to the circuit boards corresponding to the respective troughs and including first and second magnetically-attachable charge structures arranged in the respective troughs and connected to respective printed circuit boards (see Tai Fig. 1 showing receptacle 2 and apparatus 1, Fig. 3, battery 22, PCB 25, magnetic charging element 24; see para. 0019, 0023-0025, see also title and abstract). The configuration of modified Marton system including two of the Marton devices accommodated in the receptacle in the vertical configuration (see above discussion regarding claim 17 and 20, Chandramohan Fig. 3) would be such that the configuration of the battery, PCBs, and magnetically-attachable charging elements as claimed. See also MPEP 2144.04 IV A and B and VI B, C.
Regarding claim 24, the modified Marton system is such that the first printed circuit board and the second printed circuit board are symmetrically arranged on two sides of a battery. The configuration of modified Marton including two of the Marton devices accommodated in the receptacle in the vertical configuration (see above discussion regarding claim 17 and 20 and Chandramohan Fig. 3) would be such that the configuration of the battery, PCBs, and magnetically-attachable charging elements as claimed. See also MPEP 2144.04 IV A and B and VI B, C.
Regarding claim 25, the modified Marton system is such that a dimension of the first printed circuit board matches a distance between the first accommodation trough and the housing, a dimension of the second printed circuit board matches a distance between the third accommodation trough and the housing. Note that the dimensional values for the PCBs in relation to the troughs, housing would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention and one would expect the modified Marton device to perform equally as well. See also MPEP 2144.04 IV A and B.
Regarding claim 26, the modified Marton device is such that the first printed circuit board, the battery, and the second printed circuit board are successively vertically arranged in the accommodation chamber. The configuration of modified Marton including two of the Marton devices accommodated in the receptacle in the vertical configuration (see above discussion regarding claim 17 and 20 and Chandramohan Fig. 3) would be such that the configuration of the battery, PCBs, and magnetically-attachable charging elements as claimed. See also MPEP 2144.04 IV A and B and VI B, C.
Regarding claim 29, the modified Marton system’s base is provided with an extension portion, the extension portion being extended to the interior of the accommodation chamber and configured to secure the first printed circuit board, the battery, and the second printed circuit board (see Tai Fig. 3 showing extension portion 21 in the form of a column, see also Chandramohan Fig. 3).
Regarding claim 30, the modified Marton device’s extension portion is arranged on the base, and the shape of the extension portion is a columnar shape or a plate shape, and wherein the extension portion is vertically arranged in the accommodation chamber (see Tai Fig. 3 showing extension portion 21 in the form of a column, see also Chandramohan Fig. 3).
Claim(s) 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marton, Tai, Chandramohan, and van den Dries as applied to claim 23 above, and further in view of Moon et al. (2021/0402198).
Regarding claim 27, the modified Marton system is silent as to including a display module including a display screen and a key are arranged on a side of the housing, the display module and the key being respectively electrically connected to the first printed circuit board and the second printed circuit board, the display module being configured to display state information of the first drive portion and the second drive portion, the key being configured to control the first drive portion and the second drive portion. However, Moon teaches a similar device/receptacle which includes this feature (see Moon Fig. 1-3, display module 20 is a touch display screen and thus includes a key; see para. 0052, 0056). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton system to include a display module and key, as taught by Moon, in order to provide a display/control feature for the system on the receptacle (Moon para. 0052, 0056).
Regarding claim 28, the modified Marton system is silent as to the PCBs being provided with a wireless signal transmission module, the wireless signal transmission module being configured to transmit wireless signals to respectively control the first drive portion and the second drive portion of the physiotherapeutic apparatus; however, Moon teaches a similar device/receptacle which includes this feature (see Moon para. 0038, 0043-0044, 0052-0054, 0057, 0070-0071, 0075). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton system to include wireless communication modules, as taught by Moon in order to provide wireless communication/control ability between the receptacle and the physiotherapeutic devices (see above noted citations of Moon). Modified Marton also discloses a wireless signal transmission module including Bluetooth or Wi-Fi communication circuit (see Marton para. 0008, 0105).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marton, Tai, and Chandramohan as applied to claim 17 above, and further in view of van den Dries and Brown (2023/0172803).
Regarding claim 31, the modified Marton system includes a flip cover over the accommodation chamber rotatably connected to the housing (see Tai Fig. 1, flip cover 30; Chandramohan Fig. 3, flip cover 120), but is silent as to the flip cover and housing being magnetically attached thereto; however, van den Dries teaches this feature (see van den Dries Fig. 3, flip cover 130 , para. 0041, 0044-0045). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton system to include a magnetic latching mechanism, as taught by van den Dries, in order to provide a well-known mechanism for securing the lid on the housing to prevent unintended opening. The modified Marton system is silent as to being connected via a metal shaft; however, Brown discloses a similar receptacle with a lid connected via a metal shaft (see Brown Fig. 2 and para. 0017, “metal hinges” which include shafts). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton device’s lid to be connected via a metal shaft, as taught by Brown, as this is a well-known type of rotatable element and would have been obvious to try or obvious substitution.
Claim(s) 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marton, Tai, Chandramohan, van den Dries, and Brown as applied to claim 31 above, and further in view of Moon.
Regarding claim 32, the modified Marton system includes at least one magnet on the flip cover (see van den Dries Fig. 3, flip cover 130 , para. 0041, 0044-0045), but is silent as to including a magnetic force sensor being arranged at a position, corresponding to the magnet, of the base; wherein the magnetic force sensor is configured to detect opening or closing of the flip cover; however, Moon teaches a similar device/receptacle which includes this feature (see Moon para. 0060-0064). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton system to include a magnetic force sensor, as taught by Moon, in order to provide the ability to detect a position of the lid and to provide the controller/system with functionality based thereon (see Moon para. 0060-0064).
Regarding claim 33, the modified Marton system is silent as to including a display module is configured to operate when the flip cover is opened, and related information of the physiotherapeutic apparatus being displayed on a display screen of the display module, wherein the related information comprises one or more of an operating mode, an output current intensity and a power balance of the physiotherapeutic apparatus; however, Moon teaches a similar device/receptacle which includes this feature (see Moon Fig. 1-3, display module 20 is a touch screen and thus includes a key; see para. 0052, 0056). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Marton system to include a display module and key, as taught by Moon, in order to provide a display/control feature for the system on the receptacle (Moon para. 0052, 0056). The modified Marton device including magnetic sensor for providing detection of lid position and the display for displaying functionality.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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/COLIN W STUART/Primary Examiner, Art Unit 3785
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