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 .
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.
Response to Arguments
Applicant's arguments filed 29 April 2025 have been fully considered but they are not persuasive.
Applicant argues that while Petty’s articulating arm (120) is positioned on a side top surface of base unit (110) and not on a centermost top portion of a front face and given there is no reason to position a temperature sensor near a face of a person in Ono or Tron because they are not directed to measuring a temperature of a patient outside the chamber, it would not have been obvious to modify Ono or Tron to have such an arrangement. This is not found to be persuasive. There is no claim language with respect to positioning a temperature sensor near a face of a person or measuring the temperature of a patient outside the chamber.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2002/0183814 A1 to Ono (Ono) in view of US 6,066,087 to Tron (Tron) and US 10,500,409 B2 to Petty et al. (Petty).
Regarding claim 1, Ono teaches a system (title “Far Infrared Radiation Health Appliance and Method of Use”) for applying thermal therapy of a human being (abstract which states in part “The planar heating elements are energized and heated to a temperature of 55-70oC.”), the system comprising a chamber ([0038] which states in part “…this far infrared radiation health appliance has an upper dome 11 and a lower dome 12 of semicylindrical shape. A user lies in the internal space formed by the upper and lower domes 11, 12 and a sheet 15 reflecting far infrared rays…”) including an upper wall (upper facing surfaces of 11 and 12, see Fig. 1), two side walls extending longitudinally in a direction parallel to the upper wall (right and left side surfaces of 11 and 12, see Fig. 1), a rear wall (side of 12 that is adjacent to the feet of the individual, see Fig. 2), and a front wall (neck cover 13) that form an interior (see Figs. 1 and 2), a plurality of heaters (panel heaters 21-25) positioned in the interior chamber (see Fig. 2), at least one power supply connected to the plurality of heaters by a wire ([0038] which states in part “Electric cords 16 and 17 are extended from the upper and lower domes 11 and 12, respectively. The controller 14 is, in turn, connected through an electric cord 18 to a power supply such as a wall outlet.”), a processor (controller 14) connected to the at least one heater power supply ([0038] which states in part “The controller 14 is, in turn, connected through an electric cord 18 to a power supply such as a wall outlet.”) to control an output of the at least one heater power supply to control heat output from the plurality of heaters according to at least one predetermined frequency, a predetermined maximum amplitude, and a predetermined minimum amplitude ([0041] which states in part “In the present invention, the power to the panel heaters is adjusted so that the panel heaters reach 60oC in temperature. The adjustment can be made separately to the upper dome 11 and the lower dome 12. The heater temperature can be fine adjusted by operating the controller 14. Moreover, the controller 14 has a timer function which can be used to set the energizing time of the panel heaters.”), and a support (sheet 15) for the human, the interior of the chamber sized and dimensioned to contain a body of the human positioned on the support (Figs. 1-2).
However Ono does not teach at least one temperature sensor configured to measure a temperature of the human body is attached to the chamber. Tron teaches an analogous system (title “Exercise Bed for Aesthetic and Slimming Treatment”) to that of Ono and including a chamber (see for example Figs. 1 and 3) that includes a temperature sensor (35) that is attached to the chamber (see Fig. 4) and associated with the body of the user and which gives signals to the system which regulates the sources of heat (20, 27 and 34) in order to adjust and if necessary, deactivate the sources of heat (Col. 7, lines 58-63). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono to include the temperature sensor of Tron to allow for regulation and adjustment of the heat sources and if necessary to deactivate them as taught by Tron (Col. 7, lines 58-63).
Neither Ono nor Tron teaches the at least one temperature sensor is positioned on an articulating arm assembly. Petty teaches an analogous device (title “Systems and Methods for Providing Alternating Magnetic Field Therapy”) to that of Ono and Tron and including an articulating arm (120) that includes a temperature sensor (130). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono in view of Tron to use the articulating arm of Petty to allow for more precise placement of the sensor and allow position and orientation changes according to need as taught by Petty (Col. 3, lines 54-57 which state in part “…actuators 121 that enable the position and orientation of the articulating arm 120 and the AMF head 122 to be changed according to commands…”).
Neither Ono, Tron nor Petty teaches the articulating arm assembly is arranged on a centermost top portion of the front wall. It is asserted that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have located the temperature sensor as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 2, the combination teaches the system of claim 1 as well as Ono teaching wherein the front wall includes an opening sized and dimensioned for a human neck ([0039] which states in part “The upper dome 11 has at one end a neck cover 12, with which the neck of the user is covered softly to keep the dome interior semiclosed.” and Fig. 1).
Regarding claim 3, the combination teaches the system of claim 1 as well as Ono teaching wherein the front wall is conformable to a neck to be immediately adjacent to the human neck or in contact with the human neck (([0039] which states in part “The upper dome 11 has at one end a neck cover 12, with which the neck of the user is covered softly to keep the dome interior semiclosed.” and Fig. 1).
Regarding claim 8, the combination teaches the system of claim 1 as well as Ono teaching wherein the at least two side walls of the chamber include a gas layer (as broadly as claimed see for example Fig. 2 which shows air space between the heating panels 21-24 and the user thus creating a gas layer within the chamber).
Regarding claim 10, the combination teaches the system of claim 1, with Ono teaching that the power to the panel heaters is adjusted so that the panel heaters reach 60oC in temperature ([0041]), but not wherein the at least one predetermined frequency is at least 0.01 Hz. It is asserted that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have sensed a predetermined frequency of at least 0.01 Hz, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ono, Tron and Petty as applied to claim 1 above, and further in view of US 2012/0221080 A1 to Duncan (Duncan).
Regarding claim 9, Ono in view of Tron and Petty teaches the system of claim 1, but not wherein the at least one predetermined frequency is a plurality of predetermined frequencies varied with time.
Duncan teaches an analogous system (title “Infrared Therapy Chamber”) to that of Ono including a plurality of heaters (carbon fiber impregnated infrared generating (CFIG) sheets, see for example 140, 136, 124 in Fig. 1), at least one power supply ([0020] which states “A power supply and other switching circuitry (not shown) is below the bench 120 or in another suitable location.”) connected to the plurality of heaters, and a processor ([0024] which states in part “ As seen in FIG. 2, control unit 164 comprises logic 170 and user interface unit 174. In certain embodiments control unit 164 is a programmable logic controller, whereas in other embodiments it may be a more powerful computing device, including a conventional microprocessor.”) connected to the at least one heater power supply to control an output of the at least one heater power supply from the plurality of heaters according to at least one predetermined frequency, a predetermined maximum amplitude and a predetermined minimum amplitude ([0013] which states in part “Infrared (“IR”) treatment chambers in accordance with the present invention have multiple zones individually controlled to deliver infrared radiation according to a procedure tailored to produce a specific result. This may include specific modulation sequences tailored to address specific conditions.” and [0014] states in part …individual parts of the body or conditions are individually treated according to specific radiation sequences. The sequences may involve multiple different sources producing different frequencies and amplitudes of radiation delivered from various angles.”), wherein the at least one predetermined frequency is a plurality of predetermined frequencies that are varied with time ([0031] which states “Discrete individual programs can be designed by the administrator to modulate individual radiating element outputs. Certain areas of the body can be targeted with a desired radiation or heat level for a preset period of time, or for a global effect, which changing temperature and zones over time.” and [0032] which states “In certain embodiments, the wavelength produced by the infrared generating elements is ramped up or down in a linear or non linear fashion. The rate of change of the wavelength over time (DDt) may also be controlled in a linear or non linear fashion.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono in view of Tron and Petty to include the plurality of predetermined frequencies that are varied with time of Duncan so that certain areas of the body can be targeted with a desired radiation or heat level for a preset period of time as taught by Duncan.
Claim(s) 1, 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,279,290 to Hansen (Hansen) in view of Petty.
Regarding claim 1, Hansen teaches a system (title “Thermal Recovery Heating Unit”) for applying thermal therapy of a human being (abstract which states in part “A radiant heating unit for treating patients suffering from hypothermia…”), the system comprising a chamber (radiant heating chamber 78) including an upper wall (top panel 44), two side walls (side panels 42) extending longitudinally in a direction parallel to the upper wall (see Fig. 1), a rear wall (end panel 14 and Col. 3, lines 62-63 which states in part “The thermal recovery heating unit 10 includes identical end panels 14 at its front and back.”), and a front wall (end panel 14 and Col. 3, lines 62-63 which states in part “The thermal recovery heating unit 10 includes identical end panels 14 at its front and back.”) that form an interior (Figs. 1-4), a plurality of heaters (heating coils 96) positioned in the interior of the chamber (Fig. 3 and Col. 5, lines 15-37), at least one power supply (power supply 118) connected to the plurality of heaters by a wire (power line 126), a processor (control module 130) connected to the at least one heater power supply to control an output of the at least one heater power supply to control heat output from the plurality of heaters according to at least one predetermined frequency, a predetermined maximum amplitude and a predetermined minimum amplitude (Col. 5, line 65-Col. 6, line 40), and a support (standard hospital stretcher 12) for the human, the interior of the chamber is sized and dimensioned to contain a body of the human positioned on the support (Figs. 1-4).
However Hansen does not teach at least one temperature sensor configured to measure a temperature of the human body is attached to the chamber. Tron teaches an analogous system (title “Exercise Bed for Aesthetic and Slimming Treatment”) to that of Ono and including a chamber (see for example Figs. 1 and 3) that includes a temperature sensor (35) that is attached to the chamber (see Fig. 4) and associated with the body of the user and which gives signals to the system which regulates the sources of heat (20, 27 and 34) in order to adjust and if necessary, deactivate the sources of heat (Col. 7, lines 58-63). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono to include the temperature sensor of Tron to allow for regulation and adjustment of the heat sources and if necessary to deactivate them as taught by Tron (Col. 7, lines 58-63).
Neither Hansen nor Tron teaches the at least one temperature sensor is positioned on an articulating arm assembly. Petty teaches an analogous device (title “Systems and Methods for Providing Alternating Magnetic Field Therapy”) to that of Ono and Tron and including an articulating arm (120) that includes a temperature sensor (130). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono in view of Tron to use the articulating arm of Petty to allow for more precise placement of the sensor and allow position and orientation changes according to need as taught by Petty (Col. 3, lines 54-57 which state in part “…actuators 121 that enable the position and orientation of the articulating arm 120 and the AMF head 122 to be changed according to commands…”).
Neither Hansen, Tron nor Petty teaches the articulating arm assembly is arranged on a centermost top portion of the front wall. It is asserted that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have located the temperature sensor as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 7, the combination teaches the system of claim 1 as well as Hansen teaching wherein the support is vertically adjustable (elevator system 27) to raise the human body into the interior of the chamber and to lower the human body from the interior of the chamber (Col. 3, lines 51-61).
Regarding claim 8, the combination teaches the system of claim 1 as well as Hansen teaching wherein at least the two side walls of the chamber include a gas layer (as broadly as claimed air is present between the user and the heaters (see for example Fig. 2 which reads on the claims gas layer).
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 KAITLYN E SMITH whose telephone number is (571)270-5845. The examiner can normally be reached Monday-Friday 9am-5pm.
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/KAITLYN E SMITH/Primary Examiner, Art Unit 3794
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