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 .
Election/Restrictions
Claims 4-5 and 12-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/14/26.
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 6, 9, and 10 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.
In claim 6, line 5, “in response to the at least one sensing device detecting a reflected signal” is vague and is inferentially including a function of the sensing device. It is unclear if the claim is positively reciting/claiming that the sensing device detects a reflected signal or is setting forth a functional/intended use recitation. It is suggested to first state that the sensing device detects a reflected signal from the high frequency electrical current before the “determine a presence” is “in response” to the reflected signal. Similarly, in line 7, “based on a measurement of the reflected signal” is vague and inferentially included as a function as no element has been set forth to make a measurement of the reflected signal.
In claim 9, lines 2-4 are vague and seem to be misworded. It is unclear if only a pressure measurement is made, or if also a duration of time is measured.
In claim 10, lines 7-8 are vague and are inferentially including functions of detecting the impedance. It is suggested to first state that the sensing device is detecting an impedance from which a presence of moisture is determined.
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.
Claims 1, 2, 6, and 9 are rejected under 35 U.S.C. 102a1 as being anticipated by Fahey et al (2010/0004715). Fahey discloses the claimed limitations as follows:
--at least one electrode (e.g. figure 1, element 102, figure 6, element 605/606, etc.)
--at least one sensing device detecting a physiological parameter (e.g. figure 1, element 103, figure 6, element 602, etc.; sensing impedance or pressure, para. 97, etc.)
--at least one controller (e.g. figure 1, 104, figure 5, 501, para. 65, etc.) to activate the at least one electrode in response to the sensing device detecting the physiological characteristic (e.g. figure 8, automatic optimization, paras. 75-77, 80, etc.).
For claim: 2, deliver current to target site in response to characteristic exceeding threshold (e.g. paras. 16-17, 126, 136, etc.) and deactivate electrode after predefined interval (e.g. paras. 16, 77, etc.); 6: high frequency to determine a location of injured tissue by reflection (e.g. paras. 55, 132-137, etc.); 9, pressure measurement relative to a duration the pressure measurement is detected (e.g. para. 97, note that the duration is not being positively recited, but the measured pressure is “relative” to the duration)
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.
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fahey et al. Fahey discloses the claimed invention and that impedance can be detected (e.g. paras. 97, 168, etc.) and that moisture/wetness may increase the temperature of the pad, but does not disclose the pad being made of a wicking material to draw moisture away from the skin to the exterior surface (e.g. claim 3), or measuring impedance to determine the presence of moisture to alert the user when the impedance is below a threshold (e.g. claim 10). It would have been obvious to one having ordinary skill in the art at the time the invention was made/before it was effectively filed to have modified the system and method as taught by Fahey, with the use of the pad being made of a wicking material to draw moisture away from the skin to the exterior surface (e.g. claim 3), or measuring impedance to determine the presence of moisture to alert the user when the impedance is below a threshold, as is well known and common knowledge in the art (mpep 2144I, 2144.03) since it would provide the predictable results of: removing extra sweat or moisture away from the patient’s skin so that the electrical therapy does not cause damage or burning to the skin/patient and/or so that the therapy signal between the electrodes is not affected; and a conventional moisture detecting system that allows the patient to be alerted when moisture/sweat/body fluids are building up under the pad so that the electrical therapy does not cause damage or burning to the skin/patient and/or so that the therapy signal between the electrodes is not affected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George Robert Evanisko whose telephone number is (571)272-4945. The examiner can normally be reached M-F 8AM-5PM.
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/George R Evanisko/Primary Examiner, Art Unit 3792 7/13/26
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