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.
Election/Restrictions
Applicant’s election of Group I, claims 1-10 and Species A which is encompassed by claims 1-10 in the reply filed on 30 January 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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) 1-3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2002/0183814 A1 to Ono (Ono).
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).
Regarding claim 2, Ono teaches the system of claim 1 as well as 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, Ono teaches the system of claim 1 as well as 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, Ono teaches the system of claim 1 as well as 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).
Claim(s) 1, 7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 5,279,290 to Hansen (Hansen).
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).
Regarding claim 7, Hansen teaches the system of claim 1 as well as 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, Hansen teaches the system of claim 1 as well as 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).
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.
Claim(s) 1, 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2012/0221080 A1 to Duncan (Duncan).
Regarding claim 1, Duncan teaches a system (title “Infrared Therapy Chamber”) for applying thermal therapy of a human being, the system comprising a chamber (chamber 100) including an upper wall (inherent in that [0017] states “Chamber 10 has an outer enclosure..”), two side walls (116 and 112) extending longitudinally in a direction parallel to the upper wall (Fig. 1), a rear wall (104), and a front wall (108) that form an interior (Fig. 1), 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, 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.”), and a support (bench 120) for the human, the interior of the chamber is sized and dimensioned to contain a body of the human positioned on the support (Fig. 1). However, Duncan is silent with respect to the at least one heater power supply connected to the plurality of heaters by a wire. 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 modified Duncan to use a wire connection as an obvious matter of engineering design choice. This is especially true as one having ordinary skill in the art before the effective filing date of the claimed invention would have been reasonably apprised of the ways to connect a power source to the heaters for use.
Regarding claim 9, Duncan teaches the system of claim 1 as well as 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.”)
Regarding claim 10, Duncan teaches the system of claim 1, with Duncan teaching that sequences may involve multiple different sources producing different frequencies and amplitudes of radiation delivered from various angles depending on the desired result ([0013-0014]), 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) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of US 6,066,087 to Tron (Tron).
Regarding claim 4, Ono teaches the system of claim 1, but not wherein 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).
Regarding claim 6, the combination teaches the system of claim 4, but not specifically wherein the at least one temperature sensor is directly connected to the wall of the chamber. 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ono and Tron as applied to claim 4 above, and further in view of US 10,500,409 B2 to Petty et al. (Petty).
Regarding claim 5, Ono in view of Tron teaches the system of claim 4 as well s Tron teaching that the temperature sensor (35) is tethered to the chamber (Fig. 4), but not wherein 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…”).
Conclusion
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