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 .
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.
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) 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Chang (US 2020/0246520 A1).
Regarding claim 1, Brown discloses a suction assembly (vacuum massager 10, Figure 1) comprising: a therapy unit (vacuum massager 10 employs cup attachments to effectively apply suction to areas of the skin for cupping therapy, and provides a massage surface for contacting and massaging the skin during treatment, Paragraph 0028) comprising: a housing (housing 12 extends from top to bottom in a longitudinal direction, Figure 1) having an inlet formed through the housing (port 60 formed through housing 12, Fig.6), a pump (air pump 56, Figure 13) in fluid communication with the inlet (” The air pump 56 is in fluid communication with a port 60 in the lower portion 16 of the housing 12, such as via tubes 62”, Paragraph 0036), a therapy plate moveably coupled to a first end of the housing (heating plate element 68 disposed within housing 12, Paragraph 0037 and Figure 13), wherein the plate is configured to apply a supplemental therapy to a skin surface (heating element 68 may convey heat to the skin underneath and within the cup attachment, therefore applying a supplemental therapy in addition to the vacuum/suction, Paragraph 0037), and a controller configured to control the supplemental therapy applied to the skin surface (heating element 68 in electrical communication with the controller 58, Paragraph 0037); and a cup removably coupled to the housing (cup attachment 34, Figure 1) and configured to define a chamber between the housing and a skin surface of a user (“cup attachment 34 is removably received on the housing 12” and “the cup attachment 34 may have a generally cylindrical distal portion 40 with a hollow interior 42 and a bottom rim 44 arranged to be placed against a user's skin.”, Paragraph 0032), wherein the pump is configured to reduce a pressure within the chamber to draw the skin surface into the chamber (“air pump 56 is in fluid communication with inlet port 60 in order to create a suction and a vacuum within the cup attachment 34 when it is placed on user’s skin”, Paragraph 0036).
However, Brown in silent on a sensor.
However, Chang teaches a massaging device (Abstract and Figure 1) configured to apply vacuum and/or suction pressure on the user’s skin (adsorption unit 20 includes an air passage portion 22 providing with a vacuum pressure in the center thereof comprising adsorption cups 70, 72, Paragraph 0030 and Figure 4) while also applying heat therapy (heating system 30 transmits heat to the skin, Paragraph 0037 and Figure 1), further teaching a sensor (heating system 30 further includes a temperature sensor 92, Paragraph 0043 and Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Brown’s suction assembly by including a sensor, such as heat sensor as taught by Chang, as providing such a sensor would allow for the monitoring of temperature to ensure the heat provided by the device is within and safe an effective range for the user.
Regarding claim 2, Chang further teaches wherein the sensor is at least one of a pressure sensor, a temperature sensor, or a proximity sensor configured to detect deformation of the skin surface (heating system 30 further includes a temperature sensor 92, Paragraph 0043 and Figure 5).
Regarding claim 4, Brown further teaches wherein the therapy unit further comprises a heater operatively connected to the plate and configured to heat the plate, and wherein the supplemental therapy is heat (heating element plate 68 may be an infrared heating element, may convey heat to the skin underneath and within the cup attachment, therefore applying a supplemental therapy in addition to the vacuum/suction, Paragraph 0037)
Regarding claim 5, Chang further teaches wherein the sensor is configured to detect a temperature within the chamber or a temperature of the therapy plate, and wherein the controller adjusts an intensity of the heater based on the temperature within the chamber or the temperature of the therapy plate (the temperature sensor installed in the adsorption unit and measuring the temperature of the hot and cold thermal energies generated in the cooling and heating system and transferred to the adsorption unit; and a control unit for controlling the heat generated from the cooling and heating system according to a signal applied from the temperature sensor, Paragraph 0015).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Brown’s suction assembly by including a sensor that is configured to detect a temperature of the therapy plate and adjust the intensity of the heater based on the detected temperature, as further taught by Chang, as providing a means of controlling the temperature produced by the device based on a detected temperature of the plate further ensures the temperature generated is within an safe an effective range for the user.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Chang (US 2020/0246520 A1) and in further view of Haddock et al. (US 2020/0085681 A1).
Regarding claim 3, Brown in view of Chang teach the suction assembly of claim 1, however are silent wherein the sensor is configured to detect a pressure within the chamber, and wherein the controller an intensity of the pump based on the pressure within the chamber.
However, Haddock teaches a massaging device (Abstract and Figure 1) configured to produce a suction force on a user’s skin (stimulator 114 creates pressure in a cup 115 when disposed on a user’s skin to therefore create suction, Paragraph 0092 and Figure 1) via a pump (pump 302, Paragraph 0070 and Figure 3), further teaching a sensor configured to detect pressure within the chamber/cup (chamber pressure sensor 344, Paragraph 0076) wherein the controller controls an intensity of the pump based on the detected pressure (a processor 340 executes instructions to the pump 302 based on the signals from the pressure sensor 344, Paragraph 0076).
Therefore, it would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the device of Brown by including a sensor configured to pressure within the chamber, such that the controller controls the intensity of the pump based on the detected pressure, as taught by Haddock, as providing such a pressure sensor and control system improves the overall safety of the device by providing a means of providing the exerted pressure on the user’s skin.
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Chang (US 2020/0246520 A1) and in further view of Khoroassani (US 2017/0252261 A1).
Regarding claim 6, Brown in view of Chang teach the suction assembly of claim 1, however are silent wherein the therapy plate is movable in the longitudinal direction between an extended position and a retracted position.
However, Khorassani teaches a similar suction massage device (device 100, Fig.15) comprising a body (the body includes fingers 6c, movable plate 104 and springs 109; the fingers 6c provide massage, Paragraph 0011), further teaching wherein the body is movable in the longitudinal direction and wherein in response to the skin surface being drawn into the chamber the body moves in the longitudinal direction to maintain contact with the skin surface (“The movable plate 104 is subject to reduced pressure P2 on the side facing the ceiling 101 to cause the movement of the fingers 6c towards the skin 103”, Paragraph 0069, The movable plate moves downward due to suction from a vacuum pump to bring the fingers into contact with the skin when the skin is drawn into the suction chamber 5c, and is operated in this manner in response to the skin being drawn into the suction chamber 5c by the operator to provide an additional compression treatment to a user while simultaneously applying a suction treatment, Paragraph 0074).
Therefore, it would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to further modify the body of Brown to include the movable plate 104, fingers 6c, and springs 109 within the bottom of the housing of Brown to provide a body movable in the longitudinal direction in response to the skin surface being drawn into the chamber, as taught by Khorassani, in order to maintain contact with the skin surface and to provide an adjustable contact with the skin surface for the benefit of two simultaneous treatments including compression and suction.
Regarding claim 7, Brown in view of Chang and Khorassani teach the suction assembly of claim 6, however is silent wherein the therapy plate is biased towards the extended position.
However, it would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the body of Brown as modified by switching the location of the springs (Khorassani, Fig.15, 109) to be below the movable plate (104) and the suction port (113) to be above the movable plate to have the body biased towards an extended position since it has been held that rearranging parts of an invention involved only routine skill in the art. In re Japiske, 86 USPQ 70. (1950). See MPEP 2144.04.
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Chang (US 2020/0246520 A1) and in further view of Lee et al. (US 2015/0283022 A1).
Regarding claim 8, Brown in view of Chang teach the suction assembly of claim 1, however are silent wherein the therapy unit further comprises a motor operatively coupled to the therapy plate and configured to vibrate the therapy plate and wherein the supplemental therapy is vibration.
However, Lee teaches a device configured to apply suction to a user’s skin (Abstract and suction cup 20, Figure 1) wherein the therapy unit further comprises a motor configured to vibrate the therapy plate such that the supplemental therapy is vibration (suction cup 20 may further comprise a vibration motor 43 for vibrating the suction cup 20, Paragraph 0061 and Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Brown’s suction assembly by including a vibratory motor to apply a supplemental therapy of vibration, in addition to the suction therapy, as taught by Lee, as providing vibrational therapy to the skin as the skin is also being sucked into the chamber/cup provides increased skin stimulating effects (Paragraph 0062 of Lee).
Regarding claim 9, Lee further teaches wherein the controller is configured to control the motor at a predetermined intensity (a controller is configured to control each component such as the motor 43 by computing operating signals, Paragraph 00220).
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Chang (US 2020/0246520 A1) and in further view of Smith et al. (US 2015/0231021 A1).
Regarding claim 10, Brown in view of Chang teach the suction assembly of claim 1, however are silent wherein the controller is configured to control a function of the therapy unit in response to a command received from an external device.
However, Smith teaches a negative pressure therapy device (Figure 1, Abstract) further comprising a controller (first valve 206, Figure 2 and Paragraph 0041) that is configured to control a function of the therapy unit in response to a command received from an external device (external controller 212 may operate the first valve 206 in response to conditions at one or more of the dressing 102, Paragraph 0057).
Therefore, it would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the device of Brown as modified to further comprise a controller that is configured to control a function of the therapy unit in response to a command received from an external device, as taught by Smith, as a known configuration for controlling a therapy unit in response to the conditions sensed at the therapy unit or a second therapy unit.
Regarding claim 11, Brown in view of Chang and Smith teach the suction assembly of claim 10, with Smith further teaching wherein the external device is a second suction assembly (communication between first and second therapy units 102 and 106 to control the negative pressure applied to each unit, Paragraph 0057).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Haddock et al. (US 2020/0085681 A1).
Regarding claim 12, Brown discloses a suction assembly (vacuum massager 10, Figure 1) comprising: a therapy unit (vacuum massager 10 employs cup attachments to effectively apply suction to areas of the skin for cupping therapy, and provides a massage surface for contacting and massaging the skin during treatment, Paragraph 0028) comprising: a housing (housing 12 extends from top to bottom in a longitudinal direction, Figure 1) (port 60 formed through housing 12, Fig.6), a pump (air pump 56, Figure 13) in fluid communication with the inlet (” The air pump 56 is in fluid communication with a port 60 in the lower portion 16 of the housing 12, such as via tubes 62”, Paragraph 0036), a therapy plate moveably coupled to a first end of the housing (heating plate element 68 disposed within housing 12, Paragraph 0037 and Figure 13), wherein the plate is configured to apply a supplemental therapy to a skin surface (heating element 68 may convey heat to the skin underneath and within the cup attachment, therefore applying a supplemental therapy in addition to the vacuum/suction, Paragraph 0037) and a controller configured to control a function of the therapy unit (controller 58 controls vacuum intensity, Paragraph 0038); (cup attachment 34, Figure 1) and configured to define a chamber between the housing and a skin surface of a user (“cup attachment 34 is removably received on the housing 12” and “the cup attachment 34 may have a generally cylindrical distal portion 40 with a hollow interior 42 and a bottom rim 44 arranged to be placed against a user's skin.”, Paragraph 0032), wherein the pump is configured to reduce a pressure within the chamber to draw the skin surface into the chamber (“air pump 56 is in fluid communication with inlet port 60 in order to create a suction and a vacuum within the cup attachment 34 when it is placed on user’s skin”, Paragraph 0036).
However, Brown is silent on wherein the controller comprises a transceiver configured to communicate with an external device.
However, Haddock teaches a massaging device (Abstract and Figure 1) configured to produce a suction force on a user’s skin (stimulator 114 creates pressure in a cup 115 when disposed on a user’s skin to therefore create suction, Paragraph 0092 and Figure 1) via a pump (pump 302, Paragraph 0070 and Figure 3), further teaching a controller comprising a transceiver configured to communicate with an external device (wireless communication interface 671 allows pairing with an electronic device such as a remote controller, smartphone, tablet computer, wireless communication interface 671 may be in communication with a transceiver in the remote control device, Paragraph 0086).
Therefore, it would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the device of Brown by having the controlling comprise a transceiver configured to communicate with an external device, as taught by Haddock, as providing the ability to communicate with an external device allows the user to adjust therapy levels and/or operations of the device in accordance with his or her own personal needs.
Regarding claim 13, Brown in view of Haddock teach the suction assembly of claim 12, with Haddock further teaching wherein the external device is a remote electronic device, and wherein the transceiver is configured to receive a therapy command (wireless communication interface 671 allows pairing with an electronic device such as a remote controller, smartphone, tablet computer, wireless communication interface 671 may be in communication with a transceiver in the remote control device, the massage device may be controller by the user via an application on the smartphone or computer, Paragraph 0086).
Regarding claim 14, Brown in view of Haddock teach the suction assembly of claim 13, with Haddock further teaching wherein the controller is configured to execute the therapy command (wireless communication interface 671 allows pairing with an electronic device such as a remote controller, smartphone, tablet computer, wireless communication interface 671 may be in communication with a transceiver in the remote control device, the massage device may be controller by the user via an application on the smartphone or computer, Paragraph 0086).
Regarding claim 15, Brown in view of Haddock teach the suction assembly of claim 12, with Haddock further teaching wherein the transmitter is a wireless transmitter (wireless communication interface 671 allows pairing with an electronic device such as a remote controller, smartphone, tablet computer, wireless communication interface 671 may be in communication with a transceiver in the remote control device, the massage device may be controller by the user via an application on the smartphone or computer, Paragraph 0086).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Haddock et al. (US 2020/0085681 A1) and in further view of Smith et al. (US 2015/0231021 A1).
Regarding claim 16, Brown in view of Haddock teach the suction assembly of claim 12, however are silent wherein the external device is a second therapy unit, and wherein the transmitter is configured to transmit a control command to the second suction assembly.
However, Smith teaches a negative pressure therapy device (Figure 1, Abstract) further comprising a controller (first valve 206, Figure 2 and Paragraph 0041) that is configured to control a function of the therapy unit in response to a command received from an external device (external controller 212 may operate the first valve 206 in response to conditions at one or more of the dressing 102, Paragraph 0057) Smith further teaching wherein the external device is a second suction assembly (communication between first and second therapy units 102 and 106 to control the negative pressure applied to each unit, Paragraph 0057).
Therefore, it would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the device of Brown as modified to further comprise a controller that is configured to control a function of the therapy unit in response to a command received from an external device, wherein the external device is a second therapy unit, as taught by Smith, as a known configuration for controlling a therapy unit in response to the conditions sensed at the therapy unit or a second therapy unit.
Claim(s) 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Lee et al. (US 2015/0283022 A1).
Regarding claim 17, Brown discloses a suction assembly (vacuum massager 10, Figure 1) comprising: a therapy unit (vacuum massager 10 employs cup attachments to effectively apply suction to areas of the skin for cupping therapy, and provides a massage surface for contacting and massaging the skin during treatment, Paragraph 0028) comprising: a housing (housing 12 extends from top to bottom in a longitudinal direction, Figure 1(port 60 formed through housing 12, Fig.6), a pump (air pump 56, Figure 13) in fluid communication with the inlet (” The air pump 56 is in fluid communication with a port 60 in the lower portion 16 of the housing 12, such as via tubes 62”, Paragraph 0036), a therapy plate moveably coupled to a first end of the housing (heating plate element 68 disposed within housing 12, Paragraph 0037 and Figure 13), wherein the plate is configured to apply a supplemental therapy to a skin surface (heating element 68 may convey heat to the skin underneath and within the cup attachment, therefore applying a supplemental therapy in addition to the vacuum/suction, Paragraph 0037), and a cup removably coupled to the housing (cup attachment 34, Figure 1) and configured to define a chamber between the housing and a skin surface of a user (“cup attachment 34 is removably received on the housing 12” and “the cup attachment 34 may have a generally cylindrical distal portion 40 with a hollow interior 42 and a bottom rim 44 arranged to be placed against a user's skin.”, Paragraph 0032), wherein the pump is configured to reduce a pressure within the chamber to draw the skin surface into the chamber (“air pump 56 is in fluid communication with inlet port 60 in order to create a suction and a vacuum within the cup attachment 34 when it is placed on user’s skin”, Paragraph 0036).
However, Brown is silent on a vibration assembly comprising a motor operatively coupled to the therapy plate.
However, Lee teaches a device configured to apply suction to a user’s skin (Abstract and suction cup 20, Figure 1) wherein the therapy unit further comprises a motor configured to vibrate the therapy plate such that the supplemental therapy is vibration (suction cup 20 may further comprise a vibration motor 43 for vibrating the suction cup 20, Paragraph 0061 and Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Brown’s suction assembly by including a vibratory motor to apply a supplemental therapy of vibration, in addition to the suction therapy, as taught by Lee, as providing vibrational therapy to the skin as the skin is also being sucked into the chamber/cup provides increased skin stimulating effects (Paragraph 0062 of Lee).
Regarding claim 18, Brown further teaches wherein the therapy plate comprises a plurality of protrusions configured to extend towards the skin surface, and wherein the supplemental therapy is acupressure (massager 10 may include massage nodes 54 constructed from plastic or silicone to contact user’s skin and provide additional massage affects, fully capable of applying acupressure, Paragraph 0035 and Figures 2, 6).
Regarding claim 19, Lee further teaches wherein the vibration assembly further comprises a vibration plate coupled to the therapy plate and configured to evenly distribute vibration across the surface of the therapy plate (suction cup 20 may further comprise a vibration motor 43 for vibrating the suction cup 20, Paragraph 0061 and Figure 5).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (WO 2021/092586 A1) in view of Lee et al. (US 2015/0283022 A1) and in further view of Lambert (US 3364921 A).
Regarding claim 20, Brown in view of Lee teach the suction assembly of claim 17, however are silent wherein the vibration assembly further comprises a noise reducing material configured to suppress sound generated by the motor.
However, Lambert teaches a vibrating massager (Abstract and Figure 1) further comprising a noise reducing material configured to suppress sound generated by the motor (disposed between bracket 35 and vibrator wall 16 is a thin gasket 46 made of suitable material to prevent chatter between said vibrator and said bracket to reduce the noise level, Col. 2 lines 8-12 and Figure 5).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,957,638 B2 in view of Chang (US 2020/0246520 A1).
Both instant claim 1 and claim 1 of the ‘638 patent recite the following: a suction assembly comprising: a therapy unit comprising: a housing extending along a longitudinal direction; an inlet provided at a first end of the housing; an outlet provided at a second end of the housing; a pump in fluid communication with the inlet and the outlet; and a body provided at the first end of the housing and extending through a bottom surface of the housing, wherein the body is configured to apply a supplemental therapy to a skin surface; and a cup that defines a first opening and a second opening, wherein the pump is configured to reduce a pressure within the chamber to draw the skin surface into the chamber by pumping gas from the chamber into the inlet and exhausting the gas out the outlet.
However, patented claim 1 silent as to a sensor. However, Chang teaches a massaging device (Abstract and Figure 1) configured to apply vacuum and/or suction pressure on the user’s skin (adsorption unit 20 includes an air passage portion 22 providing with a vacuum pressure in the center thereof comprising adsorption cups 70, 72, Paragraph 0030 and Figure 4) while also applying heat therapy (heating system 30 transmits heat to the skin, Paragraph 0037 and Figure 1), further teaching a sensor (heating system 30 further includes a temperature sensor 92, Paragraph 0043 and Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Brown’s suction assembly by including a sensor, such as heat sensor as taught by Chang, as providing such a sensor would allow for the monitoring of temperature to ensure the heat provided by the device is within and safe an effective range for the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785