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 .
Status of Claims
2. Claims 1-9 are pending and currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“a back pillow gasket” (Claim 1) has not been shown. Or, it at least has not been labeled in the drawings. Examiner suggests providing a reference character for this feature to clearly illustrate it.
“a first adjusting groove” (claim 7), “second adjusting grooves” (claim 8), and “third adjusting groove” (claim 9) have not been shown. Or, they at least have not been labeled in the drawings. Examiner suggests providing a reference character for this feature to clearly illustrate it.
“an inside of the first adjusting groove is embedded with a first embedded electrode copper wire” (claim 7), “second embedded electrode copper wires are embedded in an inside of the second sliding guide groove and an inside of the wrist adjustable guided shaped piece respectively” (claim 8), and “an inside of the third adjusting groove is embedded with a third embedded electrode copper wire” (claim 9) have not been shown.
“first embedded electrode copper wire is in clearance fit with the first adjusting groove” (claim 7), “each of the second embedded electrode copper wires is in clearance fit with corresponding one of the second adjusting grooves” (claim 8), and “the third embedded electrode copper wire is in clearance fit with the third adjusting groove” have not been shown.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
Regarding claim 1, when reading the preamble in the context of the entire claim, the recitation of "for preventing and treating postoperative cognitive dysfunctions” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Claim Interpretation - 35 USC § 112(f)
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 1-9 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 4-5 recite “a head sagittal plane adjustable ring elastic belt” which is confusing because this is only depicted as a strap rather than a “ring” (see “head sagittal plane adjustable ring elastic belt 3” in Figure 1). For purposes of examination, this has not been interpreted to require a ring shape. The Examiner suggests deleting the term “ring” from this phrase in the claims.
Claim 1, line 8 recites “a back pillow gasket” and it is unclear whether the term “gasket” is a correct translation. The ordinary Merriam-Webster definition of a gasket is “a material (such as rubber) or a part (such as an O-ring) used to make a joint fluid-tight.” The instant disclosure does not appear to provide any explanation of making any joint fluid-tight, the “back pillow gasket” is not clearly illustrated in the figures, and it is unclear why the back pillow would be making anything fluid-tight.
Claim 8, lines 2-3 recite “second embedded electrode copper wires” which is confusing because this is the first recitation of embedded electrode copper wires. Thus, it is unclear how many embedded electrode copper wires claim 8 is requiring.
Claim 9, line 4 recites “a third embedded electrode copper wire” which is confusing because this is the first recitation of embedded electrode copper wires. Thus, it is unclear how many embedded electrode copper wires claim 9 is requiring.
The remaining claims are rejected based on their dependence on a rejected base claim.
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.
Claim 1, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 114948686) in view of Rosenbluth et al. (2019/0001129) and Mei (CN 216169380).
Regarding claim 1, Zhao discloses a wearable transcutaneous electrical acupoint stimulation physiotherapy device for preventing and treating postoperative cognitive dysfunctions (Fig. 1, see abstract), comprising a head-mounted wearable device (headband type device in Fig. 1), wherein the head-mounted wearable device comprises a forehead-shaped piece (front pad 1, Fig. 1. This is substantially rectangular, which is considered a forehead shape), a head coronal plane adjustable ring elastic belt (elastic connecting band 4, shown to be in the coronal plane in Fig. 1), a head sagittal plane adjustable ring elastic belt (first guide rail 6, which includes “elastic parts” 21, Fig. 1; see para. [0027] of the English translation), a first slidable electrode fixing block (movable block 9, Fig. 1, is slidable along guide rails 6, 7, Fig. 1), and a first sliding guide groove (rigid part 22 houses the teeth 8 that provide relative sliding with movable block 9 via guide opening 10, see Figures 1-2); both ends of the forehead-shaped piece (1) are connected with the head coronal plane adjustable ring elastic belt (both ends of front pad 1 are connected to a coronal plane adjustable ring elastic connecting belt 4, see Fig. 1), one end of the head coronal plane adjustable ring elastic belt (the end of 4 that protrudes from pad 2 adjacent block 20, Fig. 1, seen best in Fig. 4; “The end of 4 is provided with a through block 20 of the same size as the through hole 15 and the movable hole 19, which can be inserted into the channel formed by the through hole 15” see para. [0029] of the English translation, on page 10) away from the forehead-shaped piece (1) being fixedly connected with a back pillow gasket (rear pad 2, Fig. 1, this forms a joint connection with the belt 4 as seen in Fig. 1 and thus is considered a gasket as best understood), a top end of the back pillow gasket (top of rear pad 2, Fig. 1) and a top end of the forehead-shaped piece (top of front pad 1, Fig. 1) are both fixedly connected with the head sagittal plane adjustable ring elastic belt (both the front pad 1 and rear pad 2 are shown to be connected to the sagittal plane adjustable ring elastic belt 6, 21, Fig. 1), a top end of the head sagittal plane adjustable ring elastic belt (top of 6, 21, Fig. 1) is provided with the first sliding guide groove (the top of 6, 21, is provided with rigid part 22, see Figs. 1-2), an outside of the first sliding guide groove (external surface of part 22) is slidably connected with the first slidable electrode fixing block (the movable block 9 is slidably connected to part 22 via the teeth 8 that interact with worm gear 13, see Figs. 1-2).
Zhao is silent regarding a hand wearable device and a knee wearable device; a first electrode pad and a top surface of the first slidable electrode fixing block is embedded with the first electrode pad.
Rosenbluth teaches a related wearable electrical stimulation system (i.e., Fig. 1) for a variety of therapeutic benefits (see para. [0065]). The system may apply stimulation to three or more locations (see para. [0058] describing applying three, four, or more stimuli which can be at various locations; and see para. [0060] describing applying stimulation to four locations). For example, three stimulations may be applied with a head wearable device, a hand wearable device, and a knee wearable device (“in addition to the wrist, the treatment points (whether two, three, or more points) may be on an ankle, knee, thigh, upper arm, finger, toe, ear, chest, back, shoulder, head, neck, etc.” see the last two sentences of [0058]. Para. [0061] states that “cuffs or bands may be used, and may be flexible to accommodate a subject” and apply electrodes to various locations on the body; “stimulator is preferably affixed firmly against the dermal surface, for example through an elastic or Velcro band” see the last sentence of [0157]). Thus, Rosenbluth generally teaches that a plurality of wearable devices can provide electrical stimulation to a plurality of locations on the body to stimulate a variety of nerves either directly or indirectly (see para. [0109], [0130]), for a therapeutic benefit.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Zhao to include additional wearable devices such as a hand wearable device and a knee wearable device as generally taught by Rosenbluth so the user is able to apply electrical stimulation to a variety of nerves either directly or indirectly, to provide additional therapeutic benefits depending on their needs.
The modified Zhao/Rosenbluth device is still silent regarding a first electrode pad and a top surface of the first slidable electrode fixing block is embedded with the first electrode pad.
Mei teaches a related head-wearable transcranial electrical stimulation device (Figure 1) with a first slidable electrode fixing block (first sliding block 4 with fixing nut 7, see Fig. 1. This block is slidable within sliding groove 3 and fixed via nut 7, see Figs. 1-3), a first electrode pad (threaded rod 5 and electric stimulation electrode sheet 6, Fig. 1. The “bottom end of the threaded rod 5 is fixedly mounted with an electric stimulation electrode sheet 6” see the paragraph beginning “Referring to FIG. 1-4” on page 3 of the English translation) and a first sliding guide groove (first sliding groove 3, Fig. 1). An outside of the first sliding guide groove is slidably connected with the first slidable electrode fixing block (the first sliding block 4, 7, is slidably connected with the first sliding guide groove 3 as seen in Figs. 1-3. This fixing block is connected at least along the external surfaces of the groove 3, “an outside” of the groove), and a top surface of the first slidable electrode fixing block (the top surface of fixing nut 7, Fig. 1) is embedded with the first electrode pad (the threaded rod 5 extends through the fixing nut 7, to the upper surface as seen in Fig. 1; “the outer side of threaded rod 5 is connected with a fixing nut 7” see the paragraph beginning “Referring to FIG. 1-4” on page 3 of the English translation). This arrangement allows a plurality of electrode units to be easily slid and fixed at desired locations along the sagittal plane and frontal plane via the guides (supporting ring(s) 2, Fig. 2; “pushing the first sliding block 4 slide in the first sliding groove 3, adjusting the longitudinal direction, then tightening the fixing nut 7, the first sliding block 4 is fixed, then twisting the threaded rod 5 to make the electric stimulation electrode sheet 6 joined with the head of the patient” see the first paragraph of page 4 of the English translation).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first electrode pad, first slidable electrode fixing block, and first sliding groove guide of Zhao/Rosenbluth to have the first electrode pad and a top surface of the first slidable electrode fixing block embedded with the first electrode pad as taught by Mei to allow a plurality of electrode units to be easily slid and fixed at desired locations along the sagittal plane and frontal plane via the guides.
Claim(s) 2-6, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 114948686) in view of Rosenbluth et al. (2019/0001129) and Mei (CN 216169380) as applied to claim 1 above, and further in view of Siff (2021/0178158).
Regarding claim 2, the modified Zhao/Rosenbluth/Mei device discloses wherein the hand wearable device may comprise an elastic belt (“elastic or Velcro band” see the last sentence of [0157] of Rosenbluth), but is silent regarding comprising a wrist module, a palm module and a linkage elastic belt, one end of the linkage elastic belt is connected with the wrist module, and an other end of the linkage elastic belt is connected with the palm module.
Siff teaches a related wearable system (i.e., wearable system 400, Fig. 10A) for electrotherapy, including a hand wearable device (wrist/hand wearable system 900, see Figures 28-31) comprising a wrist module (lower strap 916 and electrode 925, Fig. 28, which is below the thumb hole 926 and shown to be worn on the wrist as seen in Figs. 30-31), a palm module (upper strap 916, electrode 924, Fig. 28, shown to be worn on the palm as seen in Figs. 30-31) and a linkage belt (the portion of garment 910 that is shaded light gray as seen in Figure 28, including the thumb hole 926. This segment extends between electrodes 924 and 925 as seen in Fig. 28), one end of the linkage belt is connected with the wrist module (lower end of the linkage belt is connected to electrode 925 and the lower strap 916, Fig. 28), and an other end of the linkage belt is connected with the palm module (upper end of the linkage belt is connected to electrode 924 and the upper strap 916, see Fig. 28). Siff’s linkage belt (910) is stated to be flexible (“wearable garment including a flexible material configured to wrap around a portion of a user's body” see the first sentence of [0004]), but does not specifically state the belt (910) is elastic. However, Stiff additionally states that the general wearable garment (Fig. 10A) “may be a sleeve with a built-in elastic property such that the sleeve is pulled over a part of the user’s body until held in place by the elastic property at a targeted body part” (see the last sentence of [0116]). It is noted that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. MPEP 2144.07.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hand wearable device of Zhao/Rosenbluth/Mei to comprise a wrist module, a palm module and a linkage elastic belt, one end of the linkage elastic belt is connected with the wrist module, and an other end of the linkage elastic belt is connected with the palm module as taught by Siff because this provides an expected result of the hand wearable device being configured to apply electrotherapy by one or more electrodes positioned at the wrist and palm areas, with an elastic material that helps hold the device at the targeted body part.
Regarding claim 3, the modified Zhao/Rosenbluth/Mei/Siff device discloses wherein the palm module comprises a hand back adjustable guided shaped piece (the portion of garment 910 that is on the back side of electrode 924 is the “hand back adjustable guided shape piece” as it is worn on the back of the hand, see Figs. 28-31 of Siff), a palm adjustable ring elastic belt (upper strap 916, Figs. 28-29 of Siff), a second electrode pad (electrode 924, Fig. 28), wherein top ends of the hand back adjustable guided shaped piece is connected with the palm adjustable ring elastic belt (see Figs. 28-31 of Siff, the palm adjustable ring elastic belt 916 wraps around and will contact top ends of the hand back adjustable guided shaped piece). The modified device as currently combined is silent regarding a second slidable electrode fixing block, a second sliding guide groove, an inner surface of the hand back adjustable guided shaped piece is provided with the second sliding guide groove, an outside of the hand back adjustable guided shaped piece is slidably connected with the second slidable electrode fixing block, and a top surface of the second slidable electrode fixing block is fixedly connected with the second electrode pad.
However, one of ordinary skill in the art would have been motivated to incorporate the design of the slidable electrode fixing block (first sliding block 4 with fixing nut 7, see Fig. 1. This block is slidable within sliding groove 3 and fixed via nut 7, see Figs. 1-3 of Mei), sliding guide groove (first sliding groove 3, Fig. 1 of Mei), and electrode pad(s) of Mei into the other wearable garments such as the hand wearable garment to provide a predictable result of allowing more precise placement of the electrodes along the hand/palm and wrist. When incorporating the slidable electrode fixing block(s) and sliding guide groove(s) of Mei into the hand wearable device, the inner surface and outer surface of the hand back adjustable guided shaped piece would have the sliding groove(s) as the grooves would extend through the element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hand wearable device of Zhao/Rosenbluth/Mei/Siff to include a second slidable electrode fixing block, a second sliding guide groove, an inner surface of the hand back adjustable guided shaped piece is provided with the second sliding guide groove, an outside of the hand back adjustable guided shaped piece is slidably connected with the second slidable electrode fixing block, and a top surface of the second slidable electrode fixing block is fixedly connected with the second electrode pad as generally taught by Mei to provide a predictable result of allowing more precise placement of the electrodes along the hand/palm and wrist. Thus, at least one sliding groove and slidable electrode fixing block has been added to the hand/palm area and at least another sliding groove and slidable electrode fixing block has been added to the wrist area.
Regarding claim 4, the modified Zhao/Rosenbluth/Mei/Siff device discloses wherein the wrist module (lower strap 916 and electrode 925, Fig. 28 of Siff, as modified by Mei to include the sliding groove and slidable electrode fixing block) comprises a wrist adjustable guided shaped piece (the portion of garment 910 that is on the back side of electrode 925 is the “wrist adjustable guided shape piece” as it is worn on the wrist, see Figs. 28-31 of Siff), a third slidable electrode fixing block (in the modified device, the wrist module of Siff has been modified by Mei to include an additional slidable electrode fixing block and sliding groove), a third electrode pad (the electrode pad mounted with Mei’s third slidable electrode fixing block) and a wrist adjustable ring elastic belt (lower strap 916, Fig. 28-29 of Siff), wherein bottom ends of the wrist adjustable guided shaped piece are connected with the wrist adjustable ring elastic belt (the lower strap 916 extends from one bottom end of the wrist adjustable guided shaped piece and wraps around to contact the other bottom end, see Figs. 28-31 of Siff), an outside of the wrist adjustable guided shaped piece is slidably connected with the third slidable electrode fixing block (in the modified device, the slidable electrode fixing block is slidably connected with the wrist adjustable guided shaped piece by the sliding groove taught by Mei), and a top surface of the third slidable electrode fixing block is connected with the third electrode pad (in the same manner as previously disclosed by Mei in the claim 1 rejection).
Regarding claim 5, the modified Zhao/Rosenbluth/Mei/Siff device as currently combined is silent regarding wherein the knee wearable device comprises a knee coronal plane adjustable ring elastic belt, a knee coronal plane adjustable guided shaped piece, a third sliding guide groove, a fourth slidable electrode fixing block and a fourth electrode pad, wherein both ends of the knee coronal plane adjustable guided shaped piece are connected with the knee coronal plane adjustable ring elastic belt, an outer surface of the knee coronal plane adjustable guided shaped piece is provided with the third sliding guide groove, and an outside of the knee coronal plane adjustable guided shaped piece is slidably connected with the fourth slidable electrode fixing block, and an outer surface of the fourth slidable electrode fixing block is fixedly connected with the fourth electrode pad.
However, Siff additionally teaches its wearable system (i.e., wearable system 400, Fig. 10A) for electrotherapy may include a knee wearable device (knee wearable system 600, see Figures 16a-16d) comprising a knee coronal plane adjustable ring elastic belt (elastic strap 616, Figs. 16A-16B), a knee coronal plane adjustable guided shaped piece (application area 612 with electrodes 624, 624, Fig. 16A-16B), wherein both ends of the knee coronal plane adjustable guided shaped piece are connected with the knee coronal plane adjustable ring elastic belt (the elastic strap 616 extends from one end of the knee coronal plane adjustable guided shaped piece and wraps around to connect to the other end, see Figs. 16a-16d).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knee wearable device of Zhao/Rosenbluth/Mei/Siff to comprise a knee coronal plane adjustable ring elastic belt, a knee coronal plane adjustable guided shaped piece, wherein both ends of the knee coronal plane adjustable guided shaped piece are connected with the knee coronal plane adjustable ring elastic belt, as taught by Siff because this provides an expected result of the knee wearable device being configured to apply electrotherapy by one or more electrodes positioned at the knee area, with an elastic material that helps hold the device at the targeted body part.
The modified device as currently combined is silent regarding a third sliding guide groove, a fourth slidable electrode fixing block and a fourth electrode pad, an outer surface of the knee coronal plane adjustable guided shaped piece is provided with the third sliding guide groove and an outside of the knee coronal plane adjustable guided shaped piece is slidably connected with the fourth slidable electrode fixing block, and an outer surface of the fourth slidable electrode fixing block is fixedly connected with the fourth electrode pad.
However, one of ordinary skill in the art would have been motivated to incorporate the design of the slidable electrode fixing block (first sliding block 4 with fixing nut 7, see Fig. 1. This block is slidable within sliding groove 3 and fixed via nut 7, see Figs. 1-3 of Mei), sliding guide groove (first sliding groove 3, Fig. 1 of Mei), and electrode pad(s) of Mei into the other wearable garments such as the knee wearable garment to provide a predictable result of allowing more precise placement of the electrodes along the knee area. When incorporating the slidable electrode fixing block(s) and sliding guide groove(s) of Mei into the knee wearable device, the outer surface of the knee coronal plane adjustable guided shaped piece would have the sliding groove(s) as the grooves would extend through the element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knee wearable device of Zhao/Rosenbluth/Mei/Siff to include a third sliding guide groove, a fourth slidable electrode fixing block and a fourth electrode pad, an outer surface of the knee coronal plane adjustable guided shaped piece is provided with the third sliding guide groove and an outside of the knee coronal plane adjustable guided shaped piece is slidably connected with the fourth slidable electrode fixing block, and an outer surface of the fourth slidable electrode fixing block is fixedly connected with the fourth electrode pad as generally taught by Mei to provide a predictable result of allowing more precise placement of the electrodes along the knee area.
Regarding claim 6, the modified Zhao/Rosenbluth/Mei/Siff is silent regarding wherein the forehead-shaped piece, the head sagittal plane adjustable ring elastic belt, the hand back adjustable guided shaped piece, the wrist adjustable guided shaped piece and the knee coronal plane adjustable guided shaped piece are all made of engineering plastics. However, engineering plastics are well known and provide predictable results such as providing a cost-effective material with relatively good strength and durability.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the material(s) of the forehead-shaped piece, the head sagittal plane adjustable ring elastic belt, the hand back adjustable guided shaped piece, the wrist adjustable guided shaped piece and the knee coronal plane adjustable guided shaped piece of Zhao/Rosenbluth/Mei/Siff to be made of engineering plastics, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, and engineering plastics would be expected to be suitable as a wearable head, hand, or knee substrate. In re Leshin, 125 USPQ 416. MPEP 2144.07.
Claim 7, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 114948686) in view of Rosenbluth et al. (2019/0001129) and Mei (CN 216169380) as applied to claim 1 above, and further in view of Dar et al. (9,433,774).
Regarding claim 7, the modified Zhao/Rosenbluth/Mei device discloses wherein an inside of the first sliding guide groove is provided with a first adjusting groove (the interface between groove 3 and sliding block 4 in Mei is a first adjusting groove), but is silent regarding an inside of the first adjusting groove is embedded with a first embedded electrode copper wire, the first embedded electrode copper wire is in clearance fit with the first adjusting groove, one end of the first embedded electrode copper wire is connected with the first electrode pad, and one end of the first embedded electrode copper wire away from the first electrode pad is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument.
Dar teaches a related wearable electrotherapy system (Fig. 1A) wherein an electrode (electrode 60, Figs. 13-14) may be adjustably positioned along a flexible strap (“Protrusions 92a and 92b are configured to be snaped into any of the holes 98 in flexible connecting band 84. The placement of electrode base housing 60 may be adjusted by snapping protrusions 92a and 92b into other holes 98 in flexible connecting band 84.” See Fig. 13 and col. 12, lines 12-18). A first adjusting groove (interface between electrode base housing 150 and flexible connecting band 84, Figs. 14-15A) embedded with a first embedded electrode copper wire (“Electrode base 60 may be configured to be physically coupled to the headset by elongated flexible connecting band 84 and may be electrically coupled to the headset electrical circuit by conductive wire 158” see col. 12, lines 19-23. Furthermore, although the conductive wire 158 is not specifically stated to be copper, copper is a well-known material used in wires for conducting electricity and one of ordinary skill in the art would select copper for its well-established and predictable properties as an electrical conductor. For example, conductive layer 154 is stated to be made of copper, see col. 12, lines 36-39). The first embedded electrode copper wire (158) is in clearance fit with the first adjusting groove (see Fig. 14, the wire 158 is under the groove between 150 and band 84), one end of the first embedded electrode copper wire is connected with the first electrode pad (as seen in Fig. 14, the end of 158 connects with the electrode pad 60 via electrically conductive material 154; see col. 12, lines 53-56), and one end of the first embedded electrode copper wire away from the first electrode pad (the wire 158 extends to the right, away from the electrode pad as seen in Fig. 14) is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument (the wire 158 connects the electrode pad to the “headset electrical circuit” see col. 12, lines 19-23. In the modified device, this circuit would be a transcutaneous electrical acupoint stimulation therapeutic instrument based upon Zhao being a transcutaneous electrical acupoint stimulation device. For example, whatever controller or power supply that Zhao utilizes will be considered a transcutaneous electrical acupoint stimulation device, and this conductive wire 158 connects the electrode to the controller/power supply circuit). When modifying the head wearable device taught by Siff, there would be an embedded electrode copper wire to go to the first electrode pad. This provides an expected result that the adjustable electrodes are connected to a main circuit by way of a conductive wire that is embedded in the flexible band and thus this wire is not interfering with the positioning of the electrode along the wearable band.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhao/Rosenbluth/Mei to have the first adjusting groove embedded with a first embedded electrode copper wire, the first embedded electrode copper wire is in clearance fit with the first adjusting groove, one end of the first embedded electrode copper wire is connected with the first electrode pad, and one end of the first embedded electrode copper wire away from the first electrode pad is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument as generally taught by Dar because this provides an expected result that the adjustable electrodes are connected to a main circuit by way of a conductive wire that is embedded in the flexible band and thus this wire is not interfering with the positioning of the electrode along the wearable head device.
Claim(s) 8-9, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 114948686) in view of Rosenbluth et al. (2019/0001129), Mei (CN 216169380), and Siff (2021/0178158) as applied to claims 4-5 above, and further in view of Dar et al. (9,433,774).
Regarding claim 8, the modified Zhao/Rosenbluth/Mei/Siff device discloses wherein an inside of the second sliding guide groove is provided with a second adjusting groove (the interface between groove 3 and sliding block 4 in Mei in the palm area and wrist area of the hand wearable device is a pair of second adjusting grooves), but is silent regarding second embedded electrode copper wires are embedded in an inside of the second sliding guide groove and an inside of the wrist adjustable guided shaped piece respectively, second adjusting grooves are provided in the inside of the second sliding guide groove and the inside of the wrist adjustable guided shaped piece respectively, an inside of each of the second adjusting grooves is embedded with corresponding one of the second embedded electrode copper wires, each of the second embedded electrode copper wires is in clearance fit with corresponding one of the second adjusting grooves, ends of the second embedded electrode copper wires are connected with the third electrode pad and the second electrode pad respectively, and other ends of the second embedded electrode copper wires away from the second electrode pad and the third electrode pad are electrically connected with a transcutaneous electrical acupoint stimulation therapeutic instrument.
Dar teaches a related wearable electrotherapy system (Fig. 1A) wherein an electrode (electrode 60, Figs. 13-14) may be adjustably positioned along a flexible strap (“Protrusions 92a and 92b are configured to be snaped into any of the holes 98 in flexible connecting band 84. The placement of electrode base housing 60 may be adjusted by snapping protrusions 92a and 92b into other holes 98 in flexible connecting band 84.” See Fig. 13 and col. 12, lines 12-18). A second adjusting groove (interface between electrode base housing 150 and flexible connecting band 84, Figs. 14-15A) embedded with a second embedded electrode copper wire (“Electrode base 60 may be configured to be physically coupled to the headset by elongated flexible connecting band 84 and may be electrically coupled to the headset electrical circuit by conductive wire 158” see col. 12, lines 19-23. Furthermore, although the conductive wire 158 is not specifically stated to be copper, copper is a well-known material used in wires for conducting electricity and one of ordinary skill in the art would select copper for its well-established and predictable properties as an electrical conductor. For example, conductive layer 154 is stated to be made of copper, see col. 12, lines 36-39). The second embedded electrode copper wire (158) is in clearance fit with the second adjusting groove (see Fig. 14, the wire 158 is under the groove between 150 and band 84), one end of the second embedded electrode copper wire is connected with the electrode pad (as seen in Fig. 14, the end of 158 connects with the electrode pad 60 via electrically conductive material 154; see col. 12, lines 53-56), and an other end of the second embedded electrode copper wire away from the electrode pad (the wire 158 extends to the right, away from the electrode pad as seen in Fig. 14) is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument (the wire 158 connects the electrode pad to the “headset electrical circuit” see col. 12, lines 19-23. In the modified device, this circuit would be a transcutaneous electrical acupoint stimulation therapeutic instrument based upon Zhao being a transcutaneous electrical acupoint stimulation device. For example, whatever controller or power supply that Zhao utilizes will be considered a transcutaneous electrical acupoint stimulation device, and this conductive wire 158 connects the electrode to the controller/power supply circuit). When modifying the hand wearable device taught by Siff, there would be a pair of embedded electrode copper wires to go to each of the wrist area and palm area and the second and third electrode pads. This provides an expected result that the adjustable electrodes are connected to a main circuit by way of conductive wire(s) that are embedded in the flexible band and thus this wire is not interfering with the positioning of the electrode along the wearable band.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhao/Rosenbluth/Mei/Siff to have the second embedded electrode copper wires are embedded in an inside of the second sliding guide groove and an inside of the wrist adjustable guided shaped piece respectively, second adjusting grooves are provided in the inside of the second sliding guide groove and the inside of the wrist adjustable guided shaped piece respectively, an inside of each of the second adjusting grooves is embedded with corresponding one of the second embedded electrode copper wires, each of the second embedded electrode copper wires is in clearance fit with corresponding one of the second adjusting grooves, ends of the second embedded electrode copper wires are connected with the third electrode pad and the second electrode pad respectively, and other ends of the second embedded electrode copper wires away from the second electrode pad and the third electrode pad are electrically connected with a transcutaneous electrical acupoint stimulation therapeutic instrument as generally taught by Dar because this provides an expected result that the adjustable electrodes are connected to a main circuit by way of conductive wire(s) that are embedded in the flexible band and thus the wire(s) are not interfering with the positioning of the electrode(s) along the wearable hand device.
Regarding claim 9, the modified Zhao/Rosenbluth/Mei/Siff device discloses wherein an inside of the third sliding guide groove is provided with a third adjusting groove (the interface between groove 3 and sliding block 4 in Mei, in the knee wearable device is a third adjusting groove), but is silent regarding a third embedded electrode copper wire, the third embedded electrode copper wire is in clearance fit with the third adjusting groove, one end of the third embedded electrode copper wire is connected with the fourth electrode pad, and one end of the third embedded electrode copper wire away from the fourth electrode pad is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument.
Dar teaches a related wearable electrotherapy system (Fig. 1A) wherein an electrode (electrode 60, Figs. 13-14) may be adjustably positioned along a flexible strap (“Protrusions 92a and 92b are configured to be snaped into any of the holes 98 in flexible connecting band 84. The placement of electrode base housing 60 may be adjusted by snapping protrusions 92a and 92b into other holes 98 in flexible connecting band 84.” See Fig. 13 and col. 12, lines 12-18). A third adjusting groove (interface between electrode base housing 150 and flexible connecting band 84, Figs. 14-15A) embedded with a third embedded electrode copper wire (“Electrode base 60 may be configured to be physically coupled to the headset by elongated flexible connecting band 84 and may be electrically coupled to the headset electrical circuit by conductive wire 158” see col. 12, lines 19-23. Furthermore, although the conductive wire 158 is not specifically stated to be copper, copper is a well-known material used in wires for conducting electricity and one of ordinary skill in the art would select copper for its well-established and predictable properties as an electrical conductor. For example, conductive layer 154 is stated to be made of copper, see col. 12, lines 36-39). The third embedded electrode copper wire (158) is in clearance fit with the third adjusting groove (see Fig. 14, the wire 158 is under the groove between 150 and band 84), one end of the third embedded electrode copper wire is connected with the third electrode pad (as seen in Fig. 14, the end of 158 connects with the electrode pad 60 via electrically conductive material 154; see col. 12, lines 53-56), and an other end of the third embedded electrode copper wire away from the third electrode pad (the wire 158 extends to the right, away from the electrode pad as seen in Fig. 14) is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument (the wire 158 connects the electrode pad to the “headset electrical circuit” see col. 12, lines 19-23. In the modified device, this circuit would be a transcutaneous electrical acupoint stimulation therapeutic instrument based upon Zhao being a transcutaneous electrical acupoint stimulation device. For example, whatever controller or power supply that Zhao utilizes will be considered a transcutaneous electrical acupoint stimulation device, and this conductive wire 158 connects the electrode to the controller/power supply circuit). When modifying the knee wearable device taught by Siff, there would be an embedded electrode copper wire to go to the fourth electrode pad. This provides an expected result that the adjustable electrodes are connected to a main circuit by way of conductive wire(s) that are embedded in the flexible band and thus this wire is not interfering with the positioning of the electrode along the wearable band.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhao/Rosenbluth/Mei/Siff to have the third embedded electrode copper wire, the third embedded electrode copper wire is in clearance fit with the third adjusting groove, one end of the third embedded electrode copper wire is connected with the fourth electrode pad, and one end of the third embedded electrode copper wire away from the fourth electrode pad is connected with a transcutaneous electrical acupoint stimulation therapeutic instrument as generally taught by Dar because this provides an expected result that the adjustable electrodes are connected to a main circuit by way of conductive wire(s) that are embedded in the flexible band and thus the wire(s) are not interfering with the positioning of the electrode(s) along the wearable knee device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sullivan et al. (2017/0165485) discloses a head wearable device with adjustable positioning of electrodes. Liu (2013/0331750) discloses a knee wearable device providing electrical stimulation to acupoints. Schulte et al. (2025/0195877) discloses a related wearable system for electrical therapy, and the device is configured to be worn on the head, neck, wrist, or leg. Ostrovsky (2015/0343189) discloses a head wearable device applying electrical stimulation. Hsu et al. (2023/0066923) discloses a related head wearable device with guide slots for adjusting positions of electrodes. Wongsarnpigoon et al. (2013/0204315) discloses a head wearable device with slidable electrodes. Vysokov (2022/0203091) discloses a head wearable device and a wrist wearable device for electrical therapy. Kent et al. (2025/0332415) discloses a wrist wearable device for electrical therapy, and states that the system may include devices on the arms, wrist, finger, ankle, ear, face, and neck, and may stimulate different nerves at the same time. De Oliveira et al. (2017/0281940) discloses a head wearable device with a guide groove for adjusting the position of an electrode pad. Schulte et al. (2024/0335654) discloses a wearable electrical stimulation system and states that multiple stimulation devices can provide synchronized stimulation to multiple nerves. Wingrove (5,540,735) discloses a related hand wearable electrical stimulation device with a palm portion and a wrist portion. Whelton (10,932,985) discloses a related wearable system for electrical stimulation, which may provide stimulation at two different locations. Mansson et al. (12,246,172) discloses a related head wearable device for transcranial stimulation, with a forehead pad. Lee et al. (2023/0069700) discloses a head wearable device with guide slots for adjusting the position of electrodes. Chao et al. (TW M488322 U) discloses a head wearable device with slots for adjusting the position of electrodes. Sun (CN 114733066 A) discloses a head wearable device for stimulating acupuncture points.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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