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 Amendment
This office action is responsive to the amendment filed on June 17, 2026. As directed by the amendment: claims 1 and 6-7 have been amended, claim 21 has been added, claim 20 has been canceled. Thus claims 1-19 and 21 are presently pending in this application, and claims 13-19 remain withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, filed June 17, 2026, with respect to the rejection(s) of claim(s) 1 and 6 under 35 U.S.C. 102(a)(2) have been fully considered and are persuasive. With regards to claim 1, Gupta fails to disclose the amended limitation wherein the control unit is configured to turn on both the vibrator motor of the first finger cuff and the vibrator motor of the second finger cuff when the force exerted on the pressure switch positioned within the first finger cuff exceeds a threshold value. Therefore, the rejection has been withdrawn. Due to their dependence on claim 1, the rejections of claims 2-5 are also withdrawn for similar reasons.
With regards to claim 6, Gupta fails to disclose the amended limitation wherein the first finger cuff comprises a pull tab with at least one ridge configured to facilitate insertion of the finger into the first finger cuff. Therefore, the rejection has been withdrawn. Due to their dependence on claim 6, the rejections of claims 7-12 are also withdrawn for similar reasons. However, upon further consideration, in light of the amendment, a new ground(s) of rejection is made below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (WO 2023181055), hereinafter Gupta, in view of DeBlasis et al. (US 20080263747), hereinafter DeBlasis.
Regarding claim 6, Gupta discloses a vibrating anesthesia device (device of Fig. 1), comprising: a first finger cuff (Fig. 1, cuff 201) configured to fit onto a finger of a user (Fig. 1 and [019-020; 030; 032], cuff 201 is configured to fit onto phalanx of a finger), the first finger cuff having a vibrator motor (Fig. 1b and [035], cuff 201 comprises stimulant 203, which is a vibratory motor) configured to be positioned adjacent a fingertip of the user when the finger cuff is positioned on the finger of the user (Fig. 1b and [030; 037], stimulant 203 is positioned at the distal phalanx (tip) of the finger); wherein the first finger cuff comprises a pull tab configured to facilitate insertion of the finger into the first finger cuff (Annotated Fig. 1a, cuff 201 is shaped at its proximal end to have a pull tab portion which is shaped such that it may aid in pulling cuff 201 onto a finger); a pressure switch positioned within the first finger cuff (Fig. 1b, pressure switch 205 on cuff 201), wherein the pressure switch is configured to sense a force exerted on the pressure switch ([024], pressure switch 205 senses a pressure force applied to the phalanx/finger cuff); and a control unit configured to attach to a wrist of the user (Fig. 1-2, control unit attached to wrist via attachment means 102), wherein the control unit is electrically coupled to the pressure switch and to the vibrator motor (Figs. 1-2 and [037-038], control unit is electrically coupled to the stimulants 203/204 and the pressure switch 205) and wherein the control unit is configured to provide power to the pressure switch, monitor the force exerted on the pressure switch, and turn on the vibrator motor when the force exerted on the pressure switch exceeds a threshold value (Fig. 3 and [032, 045], control unit provides power to the components of the device, such as the pressure switch 205, wherein the control unit monitors the pressure applied pressure, and when the pressure applied exceeds a threshold value, the pressure signal is detected within the control unit, causing the microcontroller of the unit to turn on/toggle the vibration motors of stimulant 203); wherein, when turned on, the vibrator motor is configured to vibrate and provide a local anesthetic effect to a patient ([039-040], when turned on the stimulant 203 vibrates and provides an anesthetic effect to the local area).
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Annotated Fig. 1a of Gupta
Gupta fails to disclose wherein the pull tab has at least one ridge configured to facilitate insertion. However, DeBlasis discloses wherein the pull tab has at least one ridge configured to facilitate insertion (Fig. 2 and 4 and [0041], pull tab 110 is provided with a frictional/textured surface (shown as a plurality of ridges in the figures) to facilitate insertion).
It would have been obvious to one of ordinary skill in the art at the time of invention to have modified Gupta to incorporate the disclosures of DeBlasis and modify the pull tab to have at least one ridge. Doing so would increase the maneuverability of the pull tab and thus provide optimum hold when inserting finger(s) into device (DeBlasis, [0041, 0048]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta (WO 2023181055), in view of DeBlasis (US 20080263747), as applied to claim 6 above, and further in view of Gulley et al. (US 20220331548), hereinafter Gulley.
Regarding claim 10, Gupta, in view of DeBlasis, discloses the vibrating anesthesia device of claim 6.
Gupta, in view of DeBlasis, fails to disclose wherein the control unit is configured to turn on the vibrator motor only after the force exerted on the pressure switch exceeds the threshold value for at least two seconds. However, Gulley discloses wherein the control unit is configured to turn on the vibrator motor only after the force exerted on the pressure switch exceeds the threshold value for at least two seconds ([0236-0240], an alarm state/triggering of a device component (similar to the turn on/toggle the vibration motor of Gupta) may be generated if a measured parameter (pressure sensed in device of Gupta) exceeds a threshold value for a defined period of time. Such as more than 2 seconds).
It would have been obvious to one of ordinary skill in the art at the time of invention to have modified Gupta, in view of DeBlasis, to incorporate the disclosures of Gulley and modify the control unit to be configured to turn on the vibrator motor only after the force exerted on the pressure switch exceeds the threshold value for at least two seconds. Doing so would allow for continuous assessment of the parameter, ensuring maintained an exceeded threshold value for a period of time before triggering of downstream event, thus ensuring the conditions were fully met, and therefore not accidental (Gulley, [0236-0240]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta (WO 2023181055), in view of DeBlasis (US 20080263747), as applied to claim 6 above, and further in view of Baxter et al. (WO 2020047175), hereinafter Baxter.
Regarding claim 11, Gupta, in view of DeBlasis, discloses the vibrating anesthesia device of claim 6.
Gupta, in view of DeBlasis, fails to disclose wherein the vibrator motor is configured to vibrate at a frequency between 100 Hz and 200 Hz. However, Baxter discloses wherein the vibrator motor is configured to vibrate at a frequency between 100 Hz and 200 Hz ([0089], device can provide vibrations in the range of about 180-200 Hz).
It would have been obvious to one of ordinary skill in the art at the time of invention to have modified Gupta, in view of DeBlasis, to incorporate the disclosures of Baxter and modify the vibrator motor to vibrate at a frequency between 100 Hz and 200 Hz. Doing so would allow the device to provide its intended effect to the user, such as pain/irritating sensation control to localized areas (Baxter, [0009-0010; 0089]), therefore providing a local anesthetic effect to the area.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta (WO 2023181055), in view of DeBlasis (US 20080263747), as applied to claim 6 above, and further in view of Decock et al. (US 20210106777), hereinafter Decock.
Regarding claim 12, Gupta, in view of DeBlasis, discloses the vibrating anesthesia device of claim 6.
Gupta, in view of DeBlasis, fails to disclose wherein the threshold value is at least 3.5 Newtons. However, Decock discloses wherein the threshold value is at least 3.5 Newtons (Fig. 6 and [0086], a pressure threshold for triggering a device may be 7 to 10 N).
It would have been obvious to one of ordinary skill in the art at the time of invention to have modified Gupta, in view of DeBlasis, to incorporate the disclosures of Decock and modify the threshold value to be at least 3.5 Newtons. Doing so would provide a threshold value that ensures that a pressure being applied to the area is sufficient enough to cause the triggering of the device, such as the pressure needed to be applied to the skin by a drug delivery device (and vice versa) prior to injection for successful and complete delivery (Decock, [0020,0086]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta (WO 2023181055), in view of DeBlasis (US 20080263747), as applied to claim 6 above, and further in view of Huang (TW M502452).
Regarding claim 21, Gupta, in view of DeBlasis, discloses vibrating anesthesia device of claim 6.
Gupta, in view of DeBlasis, fails to disclose wherein the first finger cuff comprises an open slit configured to facilitate bending of the first finger cuff. However, Huang discloses wherein the first finger cuff comprises an open slit configured to facilitate bending of the first finger cuff (Fig. 3-7 and pg.4, para. 2, finger sleeve 20 comprises a v-shaped slit 23 for facilitating bending of the finger within the sleeve).
It would have been obvious to one of ordinary skill in the art at the time of invention to have modified Gupta, in view of DeBlasis, to incorporate the disclosures of Huang and modify the first finger cuff to comprise an open slit configured to facilitate bending of the first finger cuff. Doing so would accommodate bending of the finger/finger cuff and ensure the finger cuff is not wrapped too tightly around the finger such that blood circulation is affected (Huang, pg. 4, para. 2).
Allowable Subject Matter
Claims 1-5 are allowed.
Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Gupta discloses a vibrating anesthesia device (device of Fig. 1), comprising: at least two flexible finger cuffs (Fig. 1 and [019-020; 030; 032], cuffs 201 and 202 which are configured to fit onto phalanges of a finger, therefore must be flexible to fit various finger sizes) each configured to fit onto a finger of a user ([032], cuffs 201 and 202 are configured to fit onto a phalanx of a finger), each of the at least two finger cuffs having a vibrator motor (Fig. 1b and [035], cuff 201 comprises stimulant 203 and cuff 202 comprises stimulant 204, stimulants are vibratory motors) configured to be positioned adjacent a fingertip of the user when the finger cuff is positioned on the finger of the user (Fig. 1b and [030; 037], stimulants 203 and 204 are positioned at the distal phalanx (tip) of the fingers), wherein a first finger cuff of the at least two finger cuffs is sized and shaped to fit on an index finger of the user ([037], finger cuff 201 is shaped to fit on the index finger) and a second finger cuff of the at least two finger cuffs is sized and shaped to fit on a thumb of the user ([037], finger cuff 202 is shaped to fit on the thumb); a pressure switch positioned within the first finger cuff (Fig. 1b, pressure switch 205 on cuff 201), wherein the pressure switch is configured to sense a force exerted on the pressure switch ([024], pressure switch 205 senses a pressure force applied to the phalanx/finger cuff); and a control unit configured to attach to a wrist of the user (Fig. 1-2, control unit attached to wrist via attachment means 102), the control unit having a power source (Fig. 2, power source 103), a controller (Fig. 2, controller 103), and an interface configured to allow the user to control the vibrating anesthesia device (Fig. 1-3, [045], casing module 101 which holds the other components of the control unit, and comprises a pressure sensor 503 which the surgeon may activate, thus turning on the controller. Therefore, the surgeon/user is able to control the device), wherein the control unit is electrically coupled to the pressure switch and to each of the vibrator motors (Figs. 1-2 and [037-038], control unit is electrically coupled to the stimulants 203/204 and the pressure switch 205) and wherein the control unit is configured to provide power to the pressure switch, monitor the force exerted on the pressure switch, and turn on the vibrator motor of the first finger cuff when the force exerted on the pressure switch positioned within the first finger cuff exceeds a threshold value (Fug. 3 and [032, 045], control unit provides power to the components of the device, such as the pressure switch 205, wherein the control unit monitors the pressure applied pressure, and when the pressure applied exceeds a threshold value, the pressure signal is detected within the control unit, causing the microcontroller of the unit to turn on/toggle the vibration motor of stimulant 203); wherein, when turned on, the vibrator motors are configured to vibrate and provide a local anesthetic effect to a patient ([039-040], when turned on the stimulants 203/204 vibrate and provide an anesthetic effect to the local area).
Gupta is silent to wherein the control unit is configured to turn on both the vibrator motor of the first finger cuff and the vibrator motor of the second finger cuff when the force exerted on the pressure switch positioned within the first finger cuff exceeds a threshold value.
The closest arts to this limitation are:
Chen et al. (CN 215931964), hereinafter Chen, which discloses in [n0015] and Fig. 2: “the pressure sensor transmits the electric signal to the controller, the controller starts two motors,” pressure sensor 14, controller 15, motor(s) 18.
And Chen et al. (CN 217001545), hereinafter Chen2, which discloses in Fig. 3-4 and [n0054]: “the pressure switch 22 is electrically connected with the two motors 41; the pressing plate 23 is set above the pressure switch 22; When the person turns over the frame 1, the touch pressing plate 23, drives the pressure switch 22, turn on two motors 41 starts to rotate.”
However, neither Chen or Chen2 is analogous art to Gupta, nor does either reference provide proper motivation to modify Gupta such that the control unit is configured to turn on both the vibrator motor of the first finger cuff and the vibrator motor of the second finger cuff when the force exerted on the pressure switch positioned within the first finger cuff exceeds a threshold value.
Therefore, no reference was found that would have made it obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Gupta to satisfy these limitations in combination with the rest of claim 1. Claims 2-5 depend from claim --1.
Regarding claim 7, Gupta discloses the vibrating anesthesia device of claim 6, further comprising a second finger cuff (Fig. 1, cuff 202) configured to fit onto a second finger of the user (Fig. 1 and [019-020; 030; 032], cuff 202 is configured to fit onto phalanx of a finger), the second finger cuff having a vibrator motor (Fig. 1b and [035], cuff 202 comprises stimulant 204, which is a vibratory motor).
Gupta is silent to wherein the control unit is configured to turn on both the vibrator motor of the first finger cuff and the vibrator motor of the second finger cuff when the force exerted on the pressure switch positioned within the first finger cuff exceeds a threshold value.
The closest arts to this limitation are:
Chen (CN 215931964), which discloses in [n0015] and Fig. 2: “the pressure sensor transmits the electric signal to the controller, the controller starts two motors,” pressure sensor 14, controller 15, motor(s) 18.
And Chen2 (CN 217001545), which discloses in Fig. 3-4 and [n0054]: “the pressure switch 22 is electrically connected with the two motors 41; the pressing plate 23 is set above the pressure switch 22; When the person turns over the frame 1, the touch pressing plate 23, drives the pressure switch 22, turn on two motors 41 starts to rotate.”
However, neither Chen or Chen2 is analogous art to Gupta, nor does either reference provide proper motivation to modify Gupta such that the control unit is configured turn on both the vibrator motor of the first finger cuff and the vibrator motor of the second finger cuff when the force exerted on the pressure switch positioned within the first finger cuff exceeds a threshold value.
Therefore, no reference was found that would have made it obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Gupta to satisfy these limitations in combination with the limitations of claim 6. Claims 8-9 depend from claim --7.
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 SARAH D GRASMEDER whose telephone number is (571)272-0258. The examiner can normally be reached M-F 8 am-5 pm EST.
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/SARAH DYMPNA GRASMEDER/Examiner, Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783
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