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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, line 2, “the set of input devices” lacks antecedent basis.
Claim Rejections - 35 USC § 102
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 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) 1, 2, 9-11, and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park(US 20160129273) hereinafter Park.
Park teaches energy a delivery device for emitting a combination of different types of energy. The device can emit pulsed electromagnetic fields (PEMF) energy and another type of energy, including pulsed electrical energy, heat energy, vibration, percussion, etc. The combined energy can provide both healing and pain therapy as well as therapy to shallow as well as deeper tissue. [0023] device 100 includes an energy delivery head 110 and a power control unit 120, which can be controlled by a user interface 130. The energy delivery head 110 delivers a combination of different types of energy to the user. The energy delivery head 110 is powered by the power control unit 120 and controlled by the user interface 130. The device 100 can be either portable or non-portable. The device 100 can be battery-operated or plugged in to an electrical socket. In an alternative embodiment, the device 100 could be powered and controlled via wired and/or wireless means. In FIG. 1, the user interface 130 is shown as being on a smartphone. However, it will be understood that the user interface 130 can be on any type of device, such as a computer, tablet, a user interface unit dedicated to the device 100, or even on the power control unit 120 or the energy delivery head 110. [0041] the device 100 can deliver other combinations of different types of energies instead of or in addition to PEMF and TENS. Other types of energy that can be delivered by the device 100 include: magnetic energy from a permanent magnet, heat energies, near and far infrared, percussion, ultrasonic, and vibration. It will be understood that vibration energy can be produced using a vibratory motor. Magnetic energy cannot be sensed by the user as opposed to percussion, ultrasonic, vibration, and heat energies. It will be noted that multiple energy delivery heads 110 can be provided in a device 100 to treat multiple areas at the same time. The different energy delivery heads 110 can deliver the same or different types of energies or any combination of energies. [0061] The energy delivery head 110 is flexible to fit body contours. Flexible elastomers, such as, silicone, Sentoprene™, Nitrile, Neoprene, ethylene propylene diene monomer (EPDM) rubber, and other synthetic elastomers, can be used to form the outer surfaces of the energy delivery head 110. Alternatively, the energy delivery head 110 can be rigid. Some materials that are suitable for a rigid energy delivery head include ABS, polycarbonate, and other thermal plastics.
It is noted that the device could be applied to any part of the body including the sex organs.
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Regarding claims 1 and 16, Park teaches a main body, with the main body being handheld, made in part of a semi-flexible material, and configured for stimulating sex organs, a PEMF stimulation element disposed within or forming in part the main body, with the PEMF stimulation element configured to generate pulsating electromagnetic fields to stimulate the sex organs via the pulsating electromagnetic fields, and a control module, with the control module being configured to control the PEMF stimulation element. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] The energy delivery head 110 delivers energy, such as PEMF, energy sensory or electrical sensory pulse (ESP), TENS, electrical muscle stimulation (EMS), neuromuscular electrical stimulation (NMES), static magnetic, ultrasonic, percussion, radio frequency (RF), vibration, and heat (near and far infrared) energy (or any combination thereof) to problem or target areas of the user's body. The energy delivery head 110 can be applied to any location on the user's body such that it delivers energy to the part of the body that requires pain relief, healing, energy balancing, better blood circulation, etc.
Regarding claim 2, Park teaches a handheld controller and receiver, with the handheld controller being in wireless communication with the receiver and the receiver being embedded in the main body and in electronic communication with the PEMF stimulation element. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061], The device 100 can be either portable or non-portable. The device 100 can be battery-operated or plugged in to an electrical socket. In an alternative embodiment, the device 100 could be powered and controlled via wired and/or wireless means. In FIG. 1, the user interface 130 is shown as being on a smartphone. However, it will be understood that the user interface 130 can be on any type of device, such as a computer, tablet, a user interface unit dedicated to the device 100, or even on the power control unit 120 or the energy delivery head 110.
Regarding claim 9, Park teaches a mechanical vibration stimulation element disposed within or forming in part the main body, with the mechanical vibration stimulation element comprising vibration motors configured to stimulate the sex organs. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] and [0041] the device 100 can deliver other combinations of different types of energies instead of or in addition to PEMF and TENS. Other types of energy that can be delivered by the device 100 include: magnetic energy from a permanent magnet, heat energies, near and far infrared, percussion, ultrasonic, and vibration. It will be understood that vibration energy can be produced using a vibratory motor.
Regarding claim 10, Park teaches control module comprising a controller and a receiver, with the controller being configured to control the mechanical vibration stimulation element via the receiver, with the receiver being in electronic communication with the mechanical vibration stimulation element. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] and [0041] and [0039] Regardless of the location of the user interface 130, it can be used for controlling the energy emitted from the energy delivery head 110. The user interface can include a display, knobs, levers and/or buttons and the like to control the energy delivery head 110. In some embodiments, the display can be a touchscreen display and separate knobs, levers, and buttons may not be necessary. The user interface can be used to, for example, turn on the device 100, select the energy or energies emitted from the energy delivery head 110, control the intensity of the energy or energies, and control the duration of the energy emission from the energy delivery head 110.
Regarding claim 11, Park teaches the control module comprising input devices, with the set of input devices comprising buttons, switches, dials, or a touchscreen interface. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] and [0041] and [0039] Regardless of the location of the user interface 130, it can be used for controlling the energy emitted from the energy delivery head 110. The user interface can include a display, knobs, levers and/or buttons and the like to control the energy delivery head 110. In some embodiments, the display can be a touchscreen display and separate knobs, levers, and buttons may not be necessary. The user interface can be used to, for example, turn on the device 100, select the energy or energies emitted from the energy delivery head 110, control the intensity of the energy or energies, and control the duration of the energy emission from the energy delivery head 110.
Regarding claim 13, Park teaches the control module comprising a processor programmed to run preset modes of PEMF stimulation. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] and [0041], [0039], and [0065] 0065], [0070] – [0071] For effective therapy of aches and pain, delivery of PEMF energy should be varied over time because of the human body's ability to ignore constant stimulus. To prevent tissue from adapting to the energy that is being delivered, effective energy delivery patterns can be developed and these patterns can be varied over the course of time. With reference to FIGS. 7A-7E, different embodiments of energy delivery patterns, with both positive and negative energy, are described. The energy delivery varies the frequencies over different time periods, mixing higher frequencies with lower frequencies over short and long periods of time. The device 100 can be configured to deliver a program that includes different energy delivery patterns, such as those shown in FIGS. 7A-7E or other energy delivery patterns to vary the energy delivered so that tissue does not adapt to any particular pattern.
Regarding claim 14, Park teaches the control module comprising a processor programmed to run preset modes of mechanical vibration stimulation. . Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] and [0041], [0039], and [0065] 0065], [0070] – [0071] [0070] An energy delivery program of the device 100 could have a duration of 10 to 45 minutes, or more preferably 25 to 35 minutes. Each program can have a combination of energy delivery patterns, such as those shown in FIGS. 7A-7E, and their variations. [0071] In one example, an energy delivery program of 30 minutes can include multiple segments of different energy patterns. It will be understood that different variations of different energy delivery patterns can be used in different sequences for an energy delivery program. Each energy pattern can repeat itself for a given period of time. Below is an exemplary 30 minute program that could be delivered by the device:
Regarding claim 15, Park teaches the control module comprising a processor programmed to run preset modes of mechanical vibration stimulation. Note Figs. 1 and 5c, and paragraphs [0023]-[0024] [0024], and [0061] and [0041], [0039], and [0065] 0065], [0070] – [0071] , [0023] The energy delivery head 110 delivers a combination of different types of energy to the user. The energy delivery head 110 is powered by the power control unit 120 and controlled by the user interface 130. The device 100 can be either portable or non-portable. The device 100 can be battery-operated or plugged in to an electrical socket. In an alternative embodiment, the device 100 could be powered and controlled via wired and/or wireless means.
Claim(s) 1, 2, 9-12, and 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Belkowski(US 20240033536) hereinafter Belkowski.
Belkowski teaches a light therapy mat having a flexible clear portion, a flexible back portion, a flexible middle portion between the clear portion and the back portion and mat 102 may be integrated with a copper coil to provide pulsed electromagnetic field (PEMF) therapy. A copper coil or one or more copper coils may be part of mat 102 and/or may be in communication with a component of mat 102. A copper coil or one or more copper coils may be coupled with a frequency generator to produce an electrical signal to create a pulsed electromagnetic field. The output of a health sensor that tracks user attributes (e.g., inflammation) may be provided to a machine leaning model that outputs a signal that causes a change in an electromagnetic property emitted by a copper coil integrated into mat 102 or in communication with a component of mat 102. For example, one or more frequencies (e.g. electromagnetic waves emitted at a given Hz value) may contribute to improving chronic inflammation in joints or the soft tissue. Accordingly, PEMF therapy based on health sensor data may be provided in combination with light therapy. [0065] According to an implementation, mat 102 may be integrated with a motor to provide vibration therapy. A motor or one or more motors may be part of mat 102 and/or may be in communication with a component of mat 102. The output of a health sensor that tracks user attributes (e.g., inflammation) may be provided to a machine leaning model that outputs a signal that causes a change in vibrational property outputted by a motor integrated into mat 102 or in communication with a component of mat 102. For example, one or more frequencies (e.g. vibration in Hz value) combined with one or more vibrational intensities contribute to improving blood circulation. It is noted that the device could be applied to any part of the body including the sex organs.
Regarding claims 1 and 16, Belkowski teaches a main body, with the main body being handheld, made in part of a semi-flexible material, and configured for stimulating sex organs, a PEMF stimulation element disposed within or forming in part the main body, with the PEMF stimulation element configured to generate pulsating electromagnetic fields to stimulate the sex organs via the pulsating electromagnetic fields, and a control module, with the control module being configured to control the PEMF stimulation element. Note paragraphs [0063] and [0065], [0035] Mat 102 is capable of being held in the hand and may include or otherwise be associated with one or more electrical components such as a memory, a processor, a controller, a timer, an electronic display, etc. For example, such electrical components may be housed within mat 102 or may be attached to mat 102.
Regarding claim 2, Belkowski teaches a handheld controller and receiver, with the handheld controller being in wireless communication with the receiver and the receiver being embedded in the main body and in electronic communication with the PEMF stimulation element. Note paragraphs [0063] and [0065], [0035] and [0040] mat 102 may be connected to a user device (e.g., via a network, wired, or other wireless connection). The user may connect to mat 102 via an application (e.g. a mobile device application, website or web application, etc.) or a standalone controller 306 and provide setting input via a graphical user interface (GUI) of the application.
dedicated to the device 100, or even on the power control unit 120 or the energy delivery head 110.
Regarding claim 9, Belkowski teaches a mechanical vibration stimulation element disposed within or forming in part the main body, with the mechanical vibration stimulation element comprising vibration motors configured to stimulate the sex organs. [0065] According to an implementation, mat 102 may be integrated with a motor to provide vibration therapy. A motor or one or more motors may be part of mat 102 and/or may be in communication with a component of mat 102. The output of a health sensor that tracks user attributes (e.g., inflammation) may be provided to a machine leaning model that outputs a signal that causes a change in vibrational property outputted by a motor integrated into mat 102 or in communication with a component of mat 102. For example, one or more frequencies (e.g. vibration in Hz value) combined with one or more vibrational intensities contribute to improving blood circulation.
Regarding claim 10, Belkowski teaches control module comprising a controller and a receiver, with the controller being configured to control the mechanical vibration stimulation element via the receiver, with the receiver being in electronic communication with the mechanical vibration stimulation element. Note paragraphs [0063] and [0065], [0035] Mat 102 is capable of being held in the hand and may include or otherwise be associated with one or more electrical components such as a memory, a processor, a controller, a timer, an electronic display, etc. For example, such electrical components may be housed within mat 102 or may be attached to mat 102.
Regarding claim 11, Belkowski teaches the control module comprising input devices, with the set of input devices comprising buttons, switches, dials, or a touchscreen interface. [0036] Mat 102 may include one or more input receptors which may be knobs, buttons, touch points (e.g., haptic response points), electronic signal receiver (e.g., via a controller) or the like, that may be accessible to a user or a machine learning output. An input receptor including an electronic signal receiver may configure or otherwise operate one or more other input receptors (e.g., power button) or other electronic components (e.g., timer, dual LEDs 106, etc.)
Regarding claim 12, Belkowski teaches with the control module comprising a set of sensors, with the set of sensors comprising an accelerometer, gyroscope, temperature sensor, pressure sensor, biometric sensor, or contact sensor. [0038] According to an implementation of the disclosed subject matter, mat 102 may include or be operably coupled to a sensor to detect a health condition and/or an effect of a health condition on a user. The health condition may be any applicable condition including, but not limited to, inflammatory conditions, hair health, muscle condition, stress condition, sleep conditions, thyroid health, activity performance, or the like. The sensor may be a fitness tracker, visual sensor, ambient condition detection sensor, pH sensor, biochemical sensor, or the like. A sensor may be attached to a portion of the mat or may be configured to communicate with mat 102. 0042] For example, a user may be positioned at a first area of mat 102, and the first area may be detected by one or more pressure sensors. One or more biometric sensors may detect user biometric data and may provide the user biometric data to a machine learning model. The machine learning model may output mat 102 settings based on the pressure sensors and/or biometric sensors.
Regarding claim 15, Belkowski teaches the control module comprising a processor programmed to run preset modes of mechanical vibration stimulation. [0069] As shown in FIG. 3, mat 102 may be powered via a direct power connection provided via adaptor 302 and/or connection wire 304. Alternatively, or in addition, mat 102 may be powered via a battery (not shown).
Regarding claim 17, Belkowski teaches pulse generator configured to harmonize the pulses with biological tissue of the sex organs, with harmonization between the pulses and the biological tissue achieved via receiving feedback from biofeedback sensors and modifying the pulses based on the feedback. [0038] According to an implementation of the disclosed subject matter, mat 102 may include or be operably coupled to a sensor to detect a health condition and/or an effect of a health condition on a user. The health condition may be any applicable condition including, but not limited to, inflammatory conditions, hair health, muscle condition, stress condition, sleep conditions, thyroid health, activity performance, or the like. The sensor may be a fitness tracker, visual sensor, ambient condition detection sensor, pH sensor, biochemical sensor, or the like. A sensor may be attached to a portion of the mat or may be configured to communicate with mat 102. 0042] For example, a user may be positioned at a first area of mat 102, and the first area may be detected by one or more pressure sensors. One or more biometric sensors may detect user biometric data and may provide the user biometric data to a machine learning model. The machine learning model may output mat 102 settings based on the pressure sensors and/or biometric sensors.
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 3-8 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 an examiner’s statement of reasons for allowance:
The prior art of record teaches applying both PEMF and vibratory therapy to the body in a flexible device for therapeutic purposes and includes a PEMF coil arrangement housed in a main body with a controller wherein the device is operated with out without a battery, is wired or wireless and includes sensors that sense health conditions or states of the body and modifies the energy output by the PEMF coil or vibratory motor based on the sensed feedback from the sensor(s) and the closest prior art teaches having set pre-programmed stimulation patterns that could be used for stimulation.
Note: Park(US 20160129273) hereinafter Park teaches an energy delivery device for emitting a combination of different types of energy. The device can emit pulsed electromagnetic fields (PEMF) energy and another type of energy, including pulsed electrical energy, heat energy, vibration, percussion, etc. The combined energy can provide both healing and pain therapy as well as therapy to shallow as well as deeper tissue.
Belkowski(US 20240033536) hereinafter Belkowski teaches a light therapy mat having a flexible clear portion, a flexible back portion, a flexible middle portion between the clear portion and the back portion and mat 102 may be integrated with a copper coil to provide pulsed electromagnetic field (PEMF) therapy. A copper coil or one or more copper coils may be part of mat 102 and/or may be in communication with a component of mat 102. A copper coil or one or more copper coils may be coupled with a frequency generator to produce an electrical signal to create a pulsed electromagnetic field. The output of a health sensor that tracks user attributes (e.g., inflammation) may be provided to a machine leaning model that outputs a signal that causes a change in an electromagnetic property emitted by a copper coil integrated into mat 102 or in communication with a component of mat 102
The closest prior art of record does not teach alone or in combination where the PEMF device includes a crystalline core to help modify the electromagnetic fields generated by the PEMF stimulation element as set forth in claims 3-8 and 18-20.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al. (KR 20210083518) teaches device for treating rhinitis. The device comprises: a body unit provided to cover the user's nose; a cushion unit provided to be in contact with the front surface of the body unit, having a front surface in contact with the user's skin, and providing a cushioning feeling to the skin; a magnetic field generation unit provided to correspond to the front surface of the cushion unit and irradiating a magnetic field toward the nose; and a control unit for controlling the operation of the magnetic field generation unit. The magnetic field generated from the magnetic field generator 130 may be, for example, a pulsed electromagnetic field (PEMF) the device may also include a vibratory motor.
Park et al. (KR 20200133652) teaches a combined PEMF and vibratory motor device for treating a user’s eyes.
Yu(US 10589116) teaches wearable pain management apparatus includes a drum shaped oscillatory motion driver mounted with electromagnetic coils attached to a non-stretching belt tightly strapped around a user's waist. (8) A pulsed Electromagnetic Field (PEMF) unit generates Oscillatory Pulsed Electromagnetic Field (OPEMF) to speed up a user's recovery from pain.
Hochstenbach(US 20180126185) teaches system and method for applying a low strength, low frequency magnetic field therapy to biological tissues. A coil is excited with a low frequency oscillating current, e.g., 10-1000 Hz. The coil is, e.g., 5-200 turns, having a diameter of 2-20 mm, and produces a magnetic field strength of about 0.01-5 mTelsa at a distance of 1 cm from the coil, or a cover over the coil, into the tissue. The current is preferably controlled by a smartphone or other programmable device controlled by a downloadable app in accordance with a PEMF program which may be separately downloaded or updated, and may be provided through an audio jack. Alternately, a digital interface and/or wireless interface may control the current. An app on the smartphone may be used to control the frequency, amplitude/envelope modulation, waveform, duration, etc. of the oscillation. The coil may be in mineral housing with a simple filter, and TRRS-type audio jack.
Casalino et al. (US 20230210587) teaches body orifice remodeling device includes a cylindrical handpiece having a defined length which is adapted to be inserted into the body orifice and an elongated monopolar electrode mounted outside on the circumference of the cylindrical handpiece and extending substantially along the length of the handpiece. EMagS is also known as magnetic nerve muscle stimulation and usually employs a pulsed electromagnetic field that employs electromagnetic stimulation using time-varying and high-power magnetic field based on a high value of magnetic flux density and/or high repetition rate.
Laniado et al.( US 20060189839) teaches an apparatus and method using an ultraweak, pulsed electromagnetic field of very low frequency (below 300 Hz) to potentiate penile erection.
Park(US 20160129274) teaches wearable energy delivery system can be integrated with a wearable item to provide therapy to the user, including pain therapy, healing therapy, and muscle stimulation. The energy delivery head is configured to generate a pulsed electromagnetic field (PEMF), and the energy delivery head is integrated with the article of clothing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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