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
The amendment filed March 30th, 2026 has been entered. Claims 20-31 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed December 29th, 2025.
Response to Arguments
Applicant’s arguments with respect to claims 20-31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
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 heat conduction element described in claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 20-25 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Reinstein et al. (US 20080300529 A1) herein referred to as “Reinstein”.
Regarding claim 20, Reinstein discloses a therapy device for performing cold-heat stimulation therapy on body parts (thermoelectric Peltier device configured to contact the composition and to heat and/or cool the skin, Abstract), comprising: a housing (housing 15, Figure 2); a heat conduction element (thermoelectric module 14, Paragraph [0060]), wherein at least a part of the heat conduction element forms a cold-heat stimulation area which is arranged on an outer surface of the housing and configured to perform cold-heat stimulation therapy on the body parts (the cool plate 13 may itself form the cool surface or substrate 3 of the thermoelectric module, Paragraph [0067], Figure 2); and a cooling and heating assembly (thermoelectric module 14 with cooling plate 13 and heat sink 16, Figure 2), arranged in the housing, comprising: at least one heat dissipation element made of thermal conductive material (the hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16, The cool plate 13 and heat sink plates A B 16 and 19 may be suitably be made of any thermally conductive material, such as aluminum, ceramic, stainless steel, and the like, or any combination thereof, Paragraph [0068], Figure 2); and at least one semiconductor thermoelectric cooling element (thermoelectric module 14, Figure 2), having a size less than that of the heat dissipation element (Figure 2) and a sheet structure defining a first end and a second end (thermoelectric module 14 comprises a sheet structure, Figure 2), being configured to produce heat transfer when the semiconductor cooling element is powered on (heat sink plate conducts heat away from the thermoelectric module, Paragraph [0068], Figure 2), wherein an end face of the first end is attached and connected to the heat dissipation element (first end of thermoelectric module is connected to heat sink plate 16, Figure 2) and an end face of the second end is physically connected to the cold- heat stimulation area to transfer a heat-cold transfer effect to the cold-heat stimulation area (second end of thermoelectric module is connected to the cool plate 13 which is configured to contact the skin of the user, Figure 2, Paragraph [0068]), wherein at least the second end is located in the housing such that the semiconductor thermoelectric cooling element and the heat conduction element are connected through the cold-heat stimulation area (Figure 2), thereby when a direct current passes through an electric coupling formed by different semiconductor materials connected in series (thermoelectric Peltier device, Paragraph [0067], Figures1-2), heat transfer produced between two ends of the electric coupling (Figure 1, Paragraph [0067]), such that the second end of the at least one semiconductor thermoelectric cooling element is cold (cold side 1, Figure 1, Paragraph [0066], cooling plate 13 connected to cold side of thermoelectric module, Figure 2), and the first end of the at least one semiconductor thermoelectric cooling element is hot (hot side 2, Figure 1, Paragraph [0066], heat sink plate 16 configured to dissipate heat from the hot side, Figure 2), such that the semiconductor thermoelectric cooling element is started to cool the cold-heat stimulation area while heat on the cold-heat stimulation area is transferred out continuously through the heat dissipation element to the cold-heat stimulation area (The cool plate 13 may be in thermal contact with the cool side 1 or the cool surface 3 of the thermoelectric module, or the cool plate 13 may itself form the cool surface or substrate 3 of the thermoelectric module. In one embodiment, the thermoelectric Peltier device is configured for contacting the composition and for cooling the skin. In this embodiment, the outer surface of cool plate 13 presents a skin-contacting surface for contacting the user's skin, Paragraph [0067], Figure 2, The hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16, Paragraph [0068]).
Regarding claim 21, Reinstein discloses the therapy device, as recited claim 20, further comprising a vibration motor (A vibration module (not shown) might include a reciprocating bar driven by a magnet, or an eccentrically weighted rotor, Paragraph [0082]), a battery (The thermoelectric Peltier device may be battery, Paragraph [0077]), and a PCBA (A screw 28 holds the electronic controller 33, printed circuit board, or the like to the lower cabinet 35, Paragraph [0068]), wherein the vibration motor is arranged in the housing, the battery is electrically connected to the PCBA, and the PCBA is electrically connected to at least one of the cooling and heating assembly and the vibration motor (A switch knob 27 connected to switch 34 is present for powering up the device and/or adjusting the temperature of cool plate 13. A screw 28 holds the electronic controller 33, printed circuit board, or the like to the lower cabinet 35. A DC jack 29 is held by DC jack holder 31 and is connected to adaptor 30 for supplying power via internal wire 32 to the device, Paragraph [0068] and [0082]), wherein the vibration motor is configured enable the cold-heat stimulation area to vibrate continuously and thus realizing cold stimulation and vibration therapy of the body parts (the thermoelectric Peltier device or skin-contacting surface thereof is configured to vibrate to provide the user with a massage at the affected skin area or body part or to enhance the beneficial effect of the composition, Paragraph [0082]).
Regarding claim 22, Reinstein discloses the therapy device, as recited in claim 20, wherein the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation (heat dissipation element 16 is on the outer surface of housing 15, Figure 2).
Regarding claim 23, Reinstein discloses the therapy device, as recited in claim 21, wherein the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation (heat dissipation element 16 is on the outer surface of housing 15, Figure 2).
Regarding claim 24, Reinstein discloses the therapy device, as recited in claim 22, further comprising a heat dissipation and conduction element and a shell forming a heat sink (The thermoelectric (TE) module 14 is held by a TE module holder 15. The hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16. A washer 17 and screw 18 connect the cool plate 13, TE module holder 15 and heat sink plate A 16. Heat sink plate A 16 is in thermal contact with heat sink plate B 19, being connected thereto by a screw 20. Upper cabinet 21 is configured to hold a fan 22 connected to a motor 25, Paragraph [0068]), wherein the housing is placed in the shell (housing 15 is placed within the outer shell, Figure 2) and the heat dissipation and conduction element is attached to the shell and the heat dissipation element transfers heat or cold out of the shell through the dissipation and conduction element (The thermoelectric (TE) module 14 is held by a TE module holder 15. The hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16. A washer 17 and screw 18 connect the cool plate 13, TE module holder 15 and heat sink plate A 16. Heat sink plate A 16 is in thermal contact with heat sink plate B 19, being connected thereto by a screw 20. Upper cabinet 21 is configured to hold a fan 22 connected to a motor 25, Paragraph [0068] and [0066]).
Regarding claim 25, Reinstein discloses the therapy device, as recited in claim 23, further comprising a heat dissipation and conduction element and a shell forming a heat sink (The thermoelectric (TE) module 14 is held by a TE module holder 15. The hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16. A washer 17 and screw 18 connect the cool plate 13, TE module holder 15 and heat sink plate A 16. Heat sink plate A 16 is in thermal contact with heat sink plate B 19, being connected thereto by a screw 20. Upper cabinet 21 is configured to hold a fan 22 connected to a motor 25, Paragraph [0068]), wherein the housing is placed in the shell (housing 15 is placed within the outer shell, Figure 2) and the heat dissipation and conduction element is attached to the shell and the heat dissipation element transfers heat or cold out of the shell through the dissipation and conduction element (The thermoelectric (TE) module 14 is held by a TE module holder 15. The hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16. A washer 17 and screw 18 connect the cool plate 13, TE module holder 15 and heat sink plate A 16. Heat sink plate A 16 is in thermal contact with heat sink plate B 19, being connected thereto by a screw 20. Upper cabinet 21 is configured to hold a fan 22 connected to a motor 25, Paragraph [0068] and [0066]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reinstein in view of Hart et al. (US 20220362097 A1) herein referred to as “Hart”.
Regarding claim 26, Reinstein discloses the therapy device, as recited claim 24.
However Reinstein does not explicitly disclose wherein the therapy device further comprises a soft colloid which is covered with at least part of the housing and provided with a massage cavity, an opening formed in one end of the massage cavity, wherein the cold-heat stimulation area is arranged in a cavity wall of the massage cavity and the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation.
Hart discloses wherein the therapy device further comprises a soft colloid which is covered with at least part of the housing and provided with a massage cavity (contact medium 408 may include a softer material, Paragraph [0062], massage cavity see Figure 5B, covered by housing 108 connected to housing 402, Figure 5B), wherein the soft colloid is provided with a massage cavity and covered with at least part of the housing (massage cavity see Figure 5B, covered by housing 108 connected to housing 402, Figure 5B), an opening formed in one end of the massage cavity (opening is formed in the one end of the massage cavity to connect to the massage node 102, Paragraph [0054], Figure 5B), and the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation (heat/cold transfer area 408 is arranged on a cavity wall of the massage cavity, Figure 4-5B).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Reinstein to incorporate the teachings of Hart by including wherein the therapy device further comprises a soft colloid which is covered with at least part of the housing and provided with a massage cavity, an opening formed in one end of the massage cavity, wherein the cold-heat stimulation area is arranged in a cavity wall of the massage cavity and the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation. The motivation to do so being to impart a vibrating massage effect on the massage node (Hart, Paragraph [0014])
Regarding claim 27, Reinstein discloses the therapy device, as recited claim 25.
However Reinstein does not explicitly disclose wherein the therapy device further comprises a soft colloid which is covered with at least part of the housing and provided with a massage cavity, an opening formed in one end of the massage cavity, wherein the cold-heat stimulation area is arranged in a cavity wall of the massage cavity and the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation.
Hart discloses wherein the therapy device further comprises a soft colloid which is covered with at least part of the housing and provided with a massage cavity (contact medium 408 may include a softer material, Paragraph [0062], massage cavity see Figure 5B, covered by housing 108 connected to housing 402, Figure 5B), wherein the soft colloid is provided with a massage cavity and covered with at least part of the housing (massage cavity see Figure 5B, covered by housing 108 connected to housing 402, Figure 5B), an opening formed in one end of the massage cavity (opening is formed in the one end of the massage cavity to connect to the massage node 102, Paragraph [0054], Figure 5B), and the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation (heat/cold transfer area 408 is arranged on a cavity wall of the massage cavity, Figure 4-5B).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Reinstein to incorporate the teachings of Hart by including wherein the therapy device further comprises a soft colloid which is covered with at least part of the housing and provided with a massage cavity, an opening formed in one end of the massage cavity, wherein the cold-heat stimulation area is arranged in a cavity wall of the massage cavity and the heat dissipation element is arranged on the outer surface of the housing to facilitate heat dissipation. The motivation to do so being to impart a vibrating massage effect on the massage node (Hart, Paragraph [0014])
Claim(s) 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reinstein in view of Hart further in view of Wersland et al. (US 20220125672 A1) herein referred to as “Wersland”.
Regarding claim 28, Reinstein in view of Hart discloses the therapy device, as recited in claim 26.
However Reinstein does not explicitly disclose wherein the cooling and heating assembly further comprises another one semiconductor thermoelectric cooling element, wherein the at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the soft colloid respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity.
Hart discloses a soft colloid massage cavity (see claim 26 above) however Hart does not explicitly disclose wherein the at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the soft colloid respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity.
Wersland discloses a cooling attachment module for use with a vibration therapy device (Abstract) where the device comprises at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the device respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity (cooling attachment module comprises one or more controllable temperature elements 140 (a controllable temperature element (e.g., Peltier module or device), Paragraph [0034]), Figures 20-21, The controllable temperature element 140 is configured to transfer thermal energy to a lower surface of the spreader member 138 and the cooling protrusions 132 extend through the cover member 134 and outside of the cooling recess 148 for contact with the user's body part, Paragraph [0092, Figure 21).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Reinstein in view of Hart to incorporate the teachings of Wersland by including a where the device comprises at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the device respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity. The motivation to do so being to transfer thermal energy from the controllable temperature element to the user’s body part (Wersland, Paragraph [0092]).
Regarding claim 29, Reinstein in view of Hart discloses the therapy device, as recited in claim 27.
However Reinstein does not explicitly disclose wherein the cooling and heating assembly further comprises another one semiconductor thermoelectric cooling element, wherein the at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the soft colloid respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity.
Hart discloses a soft colloid massage cavity (see claim 26 above) however Hart does not explicitly disclose wherein the at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the soft colloid respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity.
Wersland discloses a cooling attachment module for use with a vibration therapy device (Abstract) where the device comprises at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the device respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity (cooling attachment module comprises one or more controllable temperature elements 140 (a controllable temperature element (e.g., Peltier module or device), Paragraph [0034]), Figures 20-21, The controllable temperature element 140 is configured to transfer thermal energy to a lower surface of the spreader member 138 and the cooling protrusions 132 extend through the cover member 134 and outside of the cooling recess 148 for contact with the user's body part, Paragraph [0092, Figure 21).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Reinstein in view of Hart to incorporate the teachings of Wersland by including a where the device comprises at least one semiconductor thermoelectric cooling element and the another one semiconductor thermoelectric cooling element are symmetrically arranged one the device respectively, wherein the heat-cold stimulation area is located between the semiconductor thermoelectric cooling elements and the heat-cold stimulation area and the semiconductor thermoelectric cooling elements are closely attached to the cavity wall of the massage cavity. The motivation to do so being to transfer thermal energy from the controllable temperature element to the user’s body part (Wersland, Paragraph [0092]).
Claim(s) 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reinstein in view of Hart further in view of Liu et al. (CN 2486144 Y) herein referred to as “Liu” (see attached).
Regarding claim 30, Reinstein discloses a therapy device for performing cold-heat stimulation therapy on body parts (thermoelectric Peltier device configured to contact the composition and to heat and/or cool the skin, Abstract), comprising: a housing(housing 15, Figure 2); a cold-heat stimulation area which is arranged on a cavity wall of the device and configured to perform cold-heat stimulation therapy on the body parts (the cool plate 13 may itself form the cool surface or substrate 3 of the thermoelectric module, Paragraph [0067], Figure 2); and a cooling and heating assembly (thermoelectric module 14 with cooling plate 13 and heat sink 16, Figure 2), comprising: at least one heat dissipation element made of thermal conductive material (the hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16, The cool plate 13 and heat sink plates A B 16 and 19 may be suitably be made of any thermally conductive material, such as aluminum, ceramic, stainless steel, and the like, or any combination thereof, Paragraph [0068], Figure 2); and at least one semiconductor thermoelectric cooling element (thermoelectric module 14, Figure 2), having a first end and a second end (thermoelectric module 14 comprises a sheet structure, Figure 2), being configured to produce heat transfer when the semiconductor cooling element is powered on (heat sink plate conducts heat away from the thermoelectric module, Paragraph [0068], Figure 2), wherein an end face of the first end is attached and connected to the heat dissipation element an end face of the second end is attached to the cavity wall of the massage cavity (Figure 2), thereby the semiconductor thermoelectric cooling element is started to cool the cold-heat stimulation area while heat on the cold-heat stimulation area is transferred out continuously through the heat dissipation element to the cold-heat stimulation area (The cool plate 13 may be in thermal contact with the cool side 1 or the cool surface 3 of the thermoelectric module, or the cool plate 13 may itself form the cool surface or substrate 3 of the thermoelectric module. In one embodiment, the thermoelectric Peltier device is configured for contacting the composition and for cooling the skin. In this embodiment, the outer surface of cool plate 13 presents a skin-contacting surface for contacting the user's skin, Paragraph [0067], Figure 2, The hot surface or substrate 4 (not shown) is in thermal contact with heat sink plate A 16, Paragraph [0068]).
Reinstein discloses a vibration module (Paragraph [0082]) however Reinstein does not explicitly disclose a soft colloid arranged in the housing and provided with a massage cavity having a cavity wall; a cold-heat stimulation area which is arranged on the cavity wall of the massage cavity, wherein the heating and cooling assembly is arranged in the soft colloid, nor wherein at least part of the semiconductor thermoelectric cooling element faces the massage cavity.
Hart discloses a soft colloid arranged in the housing and provided with a massage cavity having a cavity wall (contact medium 408 may include a softer material, Paragraph [0062], massage cavity see Figure 5B, covered by housing 108 connected to housing 402, Figure 5B); a cold-heat stimulation area which is arranged on the cavity wall of the massage cavity (contact medium 408 to help dissipate the heating or cooling effect of the Peltier plate 406 and transfer the heating or cooling effect to the user, Paragraph [0062], Figure 4), wherein the heating and cooling assembly is arranged in the soft colloid (heat/cold transfer area 408 is arranged on a cavity wall of the massage cavity, Figure 4-5B), and wherein at least part of the semiconductor thermoelectric cooling element faces the massage cavity (Figure 5B).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Reinstein to incorporate the teachings of Hart by including wherein disclose a soft colloid arranged in the housing and provided with a massage cavity having a cavity wall; a cold-heat stimulation area which is arranged on the cavity wall of the massage cavity, wherein the heating and cooling assembly is arranged in the soft colloid, nor wherein at least part of the semiconductor thermoelectric cooling element faces the massage cavity. The motivation to do so being to impart a vibrating massage effect on the massage node (Hart, Paragraph [0014])
However Reinstein in view of Hart does not explicitly disclose wherein the second end of the semiconductor thermoelectric cooling element faces the massage cavity.
However Hart does not explicitly disclose wherein an end face of the second end of the semiconductor thermoelectrical cooling element faces the massage cavity.
Liu discloses wherein an end face of the second end of the semiconductor thermoelectrical cooling element faces the massage cavity (Figure 1, thermoelectric cooling assembly faces massage head cavity 3 on second end face, see attached).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Reinstein in view of Hart to incorporate the teachings of Liu by including wherein an end face of the second end of the semiconductor thermoelectrical cooling element faces the massage cavity. The motivation to do so being to cool or heat the massage head, realize the function of cold and hot compress massage, and achieve the effect of health care and beauty (Liu, Page 2, Paragraph 6).
Regarding claim 31, Reinstein in view of Hart and Liu discloses the therapy device, as recited claim 30.
Reinstein further discloses wherein the therapy device comprises a vibration motor (A vibration module (not shown) might include a reciprocating bar driven by a magnet, or an eccentrically weighted rotor, Paragraph [0082]), a battery (The thermoelectric Peltier device may be battery, Paragraph [0077]), and a PCBA (A screw 28 holds the electronic controller 33, printed circuit board, or the like to the lower cabinet 35, Paragraph [0068]), wherein the vibration motor is arranged in the housing, the battery is electrically connected to the PCBA, and the PCBA is electrically connected to at least one of the cooling and heating assembly and the vibration motor (A switch knob 27 connected to switch 34 is present for powering up the device and/or adjusting the temperature of cool plate 13. A screw 28 holds the electronic controller 33, printed circuit board, or the like to the lower cabinet 35. A DC jack 29 is held by DC jack holder 31 and is connected to adaptor 30 for supplying power via internal wire 32 to the device, Paragraph [0068] and [0082]), wherein the vibration motor is configured enable the cold-heat stimulation area to vibrate continuously and thus realizing cold stimulation and vibration therapy of the body parts (the thermoelectric Peltier device or skin-contacting surface thereof is configured to vibrate to provide the user with a massage at the affected skin area or body part or to enhance the beneficial effect of the composition, Paragraph [0082]).
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 Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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