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 .
Status of Claims
2. Claims 1-9 are pending and currently under consideration for patentability under 37 CFR 1.104.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claims 4 and 6 are objected to because of the following informalities:
Claim 4, lines 2-3 recite “at least one said light projection area of each said skin-friendly attachment” and the Examiner suggests inserting the word --of--, such as --at least one of said light projection area of each of said skin friendly attachment--.
Claim 6, line 2 recites “said sensing unit of each said skin-friendly attachment” and the Examiner suggests inserting the word --of--, such as --said at least a sensing unit of each of said skin-friendly attachment--.
Appropriate correction is required.
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 1-9 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.
Claim 1, line 3 recites “the surface” which lacks antecedent basis.
Claim 1, lines 6-7 recite “the peripheral surface” which lacks antecedent basis.
Claim 3, line 3 recites “(hook and loop fastener)” which is confusing because it is unclear if the language within the parentheses is actually being recited in the claim. For purposes of Examination, the limitations within the parentheses have not been considered, as they appear to be optional. The Examiner suggests deleting the phrase, or removing the parentheses.
Claim 5, line 2 recites “each said heat-transmitting area” which is confusing because claim 1 recites “a plurality of heat-transmitting areas” for each skiin-friendly attachment and thus it is unclear which of the plurality of heat-transmitting areas is being referred to.
Claim 7, lines 2-4 recite “each said skin-friendly attachment further comprises a touch switch and a status indication area respectively arranged on the surface or any lateral sides of said control host” which is indefinite because the claim is apparently defining the location of the touch switch and status indication area on the skin-friendly attachment(s) but the control host is not part of the skin-friendly attachment.
Claim 8, lines 2-3 recite “said touch switch and said status indication area” which each lack antecedent basis. These limitations have been recited in claim 7, but claim 8 does not depend from claim 7.
Claim 8, lines 2-5 recite “said control host further comprises said touch switch and said status indication area selectively set on the same side, different side surfaces, or the peripheral sides of each said skin-friendly attachment” which is indefinite because the claim is apparently defining the location of the touch switch and status indication area on the control host but the skin-friendly attachment is not part of the control host.
Claim 9, lines 6-7 recite “(such as a computer host, server, laptop, smart phone or tablet)” which is confusing because it is unclear if the language within the parentheses is actually being recited in the claim. For purposes of Examination, the limitations within the parentheses have not been considered, as they appear to be optional. The Examiner suggests deleting the phrase, or removing the parentheses.
Claim 9, line 9 recites “the applications” which lacks antecedent basis.
Claim 9, the last two lines recite “application treatment setting operations required for said control circuit system of said control host” and it is unclear what setting operations would be considered “required” for the control circuit system. The Examiner suggests deleting “required.”
The remaining claims are rejected based on their dependence on rejected claim 1.
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.
Claim(s) 1 and 3-9, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Dunbar (2014/0207219) in view of Sedic (2019/0142691).
Regarding claim 1, Dunbar discloses a health care relaxation and soothing apparatus (stimulus pod system 100, Fig. 1A. Note, the recitation of “health care relaxation and soothing apparatus” is merely a recitation of purpose or intended use in the preamble and the body of the claim describes a complete invention. Thus, the intended use is not limiting, see MPEP 2111.02(II)), comprising:
a control host (charging station 200, Fig. 5A-5B) comprising a base member (unlabeled lower housing, Fig. 5B, that houses charging coils 210 and circuit boards 215), a control area (a bottom of each socket 205 may include “a button” that is depressed when the pod is inserted, to thereby control charging, see lines 12-19 of [0038]. This button at the bottom of socket 205 is an area where the charging is controlled and thus a “control area”) located on the surface of said base member (the button is on a surface of the socket(s) 205, which is a surface of the lower housing), a control circuit system (circuit board 215, Fig. 5B) set in said base member (see Fig. 5B), at least an electrical connector (electrical connector 220, Fig. 5B) located at at least one side of said base member (electrical connector 220 is on a lateral side of the base member as seen in Fig. 5B) and electrically connected to said control circuit system (“electrical connector 220 that can be plugged into a standard electrical outlet or other power source to provide power to the charging station 200” see para. [0038]), and a storage space (sockets 205, Fig. 5A-5B) formed on the outside; and
a plurality of skin-friendly attachments (stimulus pods 110 1A, Fig. 3C) respectively placed in or removed from said storage spaces (sockets 205, Figs. 5A-5B; “sockets 205 shaped to receive a single stimulus pod 110” see the second sentence of [0038]) of said control host (200), each said skin-friendly attachment (110) comprising a circuit unit inside (circuit board 160, Fig. 1B), a plurality of heat-transmitting areas (“stimulus pod 110 can include a stimulus surface 150 that contacts patient’s skin to deliver heat” see Fig. 1B and the second sentence of [0033]. The Figure 3C pod has a “stimulus surface 150c [with] several small bumps or projections 240 … [providing] effective heat transfer” see Fig. 3C and lines 25-26 of [0035]. The plurality of bumps are considered a plurality of heat-transmitting areas), and at least a sensing unit (“the pods 110 can include sensors that gather information and relay the information back to a control station” see the third sentence of [0031]).
Dunbar’s Figure 5A-5B embodiment is silent regarding a plurality of plug-in connectors located at the peripheral surface of said control area and electrically connected to said control circuit system, with the storage space formed on the outside of each plug-in connector; and the skin-friendly attachment having at least a light projection area located on the surface of one side thereof and electrically connected to said circuit unit; at least a docking connector; the at least one sensing unit being located around at least one said light projection area.
However, Dunbar additionally teaches a control host (charging station 211, Fig. 5C) including a plurality of plug-in connectors (“socket connectors 214 that mate with pod connectors 209 when a pod is inserted into a socket” see Fig. 5C and lines 7-9 of [0040]) located at the peripheral surface of the control area (located at the surface of the socket 205, Fig. 5C, which is a peripheral surface of the depressible charging button in the socket) and electrically connected to said control circuit system (the socket connectors 214 mate with pod connectors 209, for charging), with the storage space (205) formed on the outside of each plug-in connector (the socket(s) 205 surround the outside of each plug-in connector 214, see Fig. 5C), and the skin-friendly attachment (stimulus pod 110, Fig. 5C) having at least a light projection area located on the surface of one side thereof (“indicators 208A-C can light up in response to a particular heat cycle switch 206 setting” see the third to last sentence of [0041]) and electrically connected to said circuit unit (the light-up indicators 208a-c will be connected to the circuit board of the stimulus pod 110, for operation), and the skin-friendly attachment (110) has at least a docking connector (pod connectors 209, Fig. 5C, “mate” with the socket connectors 214, see Fig. 5C and lines 7-9 of [0040]). This provides an alternative charging connection for the socket(s), thus providing a predictable result that the mating socket and connectors will form a direct electric connection for convenient charging.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the control host and skin-friendly attachment of Dunbar’s Fig. 5A-5B embodiment to have a plurality of plug-in connectors located at the peripheral surface of said control area and electrically connected to said control circuit system, with the storage space formed on the outside of each plug-in connector; and the skin-friendly attachment having at least a light projection area located on the surface of one side thereof and electrically connected to said circuit unit and at least a docking connector as taught by Fig. 5C of Dunbar because this provides an alternative charging connection for the socket(s), thus providing a predictable result that the mating socket and connectors will form a direct electric connection for convenient charging.
The modified Dunbar device does not specifically state the at least one sensing unit being located around at least one said light projection area.
Sedic teaches a related skin-friendly heating pod (skincare device 2, Figs. 1-2; “can provide heat, cool, light, and/or vibrational therapy to a user’s skin” see the last sentence of the Abstract) having at least one light projection area (light source 100 includes a plurality of lights 102 that “when activated … emit light into the groove 24 and onto any material or body part adjacent the first side 20” see Figs. 2-3 and lines 4-10 of [0059]) to provide therapeutic benefits (such as blue light to destroy bacteria, red light to improve skin texture and healing, and green light to reduce skin discoloration and tighten the skin, see lines 11-21 of [0055]). The skin-friendly heating pod (2) includes at least one sensing unit (temperature sensors 120, 122, Fig. 2) being located around (i.e., near) at least one said light projection area (sensor 122 is near the first side 20, which is where the light projects from). The at least one sensing unit is used to detect the temperature of the device and shut down the device to protect the user from potential burning of the skin due to device overheating (see para. [0084]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the skin-friendly attachment of Dunbar to include additional light projection area and to include at least one sensing unit located around the at least one light projection area as taught by Sedic so the user can experience therapeutic benefits from red, blue, and green lights, and so the heating stimulus pod can be automatically shut down if the temperature sensor(s) detect overheating that could cause burning of the skin.
Regarding claim 3, the modified Dunbar/Sedic device discloses wherein the plurality of said skin-friendly attachments (110, Dunbar) are selectively repeatable adhesive patches, elastic straps, straps, or self-adhesive magnetic fixation straps made of graphene, germanium ions, quantum or ceramic fiber yarn fabrics (Dunbar’s stimulus pods 110 are selectively repeatable adhesive patches by means of their connection to “anchor 120” Fig. 1A, Fig. 3C, which “can have an adhesive surface that can be applied to various locations on a patient’s body… additionally or alternatively, pods 110 can be kept in place by clothing, magnets, Velcro-type applicator, elastic bands, pocket-like holders, braces, or other type of applicators capable of holding the pod against the patient's ski” see para. [0031] of Dunbar).
Regarding claim 4, the modified Dunbar/Sedic device discloses wherein at least one said light projection area of each said skin-friendly attachment (110, Dunbar as modified by Sedic) is used for projecting multi-band laser light or multi-band LED light sources or light waves (the light source 100 taught by Sedic provides multi-band LED light sources: “light source 100 comprises a number of light-emitting diode lights … configured to emit one or more of blue light, red light, and/or green light” see para. [0059]).
Regarding claim 5, the modified Dunbar/Sedic device discloses wherein each said heat-transmitting area (each protrusion 240, Fig. 3C of Dunbar) of each said skin-friendly attachment (110, Dunbar) is selectively a radio frequency emitter, ultrasonic emitter, far infrared emitter, electric heater, energy stone or magnetic stone (the protrusion(s) 240 of Dunbar are heated by an electric heater 150, Fig. 1B of Dunbar).
Regarding claim 6, the modified Dunbar/Sedic device discloses wherein said sensing unit (temperature sensor(s) 120, 122, Sedic) of each said skin-friendly attachment is selectively a photoresistor or thermal sensor (the temperature sensors 120, 122, are thermal sensors such as negative temperature coefficient thermistor(s), see para. [0084] of Sedic).
Regarding claim 7, the modified Dunbar/Sedic device discloses wherein each said skin-friendly attachment (110, Dunbar) further comprises a touch switch (“push type heat cycle switch 206 … [may be a] touch sensitive switch” see Fig. 5C and the last ten lines of [0041] of Dunbar) and a status indication area (the area that houses indicators 208A-C, Fig. 5C of Dunbar) respectively arranged on the surface or any lateral sides of said control host (the touch switch 206 and indicators 208A-C are on a surface of the stimulus pod 110, see Fig. 5C, and this is inserted into the charging station 211 so it will be “arranged on” the surface of the control host).
Regarding claim 8, the modified Dunbar/Sedic device discloses wherein said control host (211, Fig. 5C of Dunbar) further comprises said touch switch (206, Fig. 5C of Dunbar) and said status indication area (208A-C, Fig. 5C of Dunbar) selectively set on the same side, different side surfaces, or the peripheral sides of each said skin-friendly attachment (touch switch 206 and status indication area 208A-C are selectively set on the same side of the skin-friendly attachment 110 as seen in Fig. 5C of Dunbar).
Regarding claim 9, the modified Dunbar/Sedic device discloses wherein said control circuit system (circuit board 215, Fig. 5B of Dunbar) is equipped with a wireless transmission device selected from the group of Bluetooth, Wi-Fi, RFID, Zig-bee, near field communication and wireless broadband network (“stimulus pods 110 can communicate with a control station 230, shown schematically in FIG. 5B through any accepted wireless or wired protocol, including radio frequency (RF) … BLUETOOTH, WIFI, or other communication systems … [and] control station 230 can be included with the charging station 200, and in some cases can share components such as a power source, circuitry, etc.” see para. [0042] of Dunbar. Thus, the charging station 200 includes the features of the control station 230, such as the wireless communication system(s)), and said control circuit system (215, 230) is connected to an external preset host (the control station 230 can communicate bi-directionally with an external preset host such as index pod 110a, Fig. 6, which can act as an intermediary between a plurality of dummy pods 110b and the control station 230. The index pod 110a can solely have communication equipment. see all of para. [0045]. See also para. [0049]) through the wireless transmission device in a wireless manner or through at least one said electrical connector in a wired manner (the communication must either be wireless or wired) to download the applications, control programs, customized treatment programs or application treatment setting operations required for said control circuit system of said control host (this is a recitation of intended use, and the control circuit system is configured to perform this function because of the wireless communication protocols described in para. [0042] of Dunbar).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Dunbar (2014/0207219) in view of Sedic (2019/0142691) as applied to claim 1 above, and further in view of Jung (2022/0296894).
Regarding claim 2, the modified Dunbar/Sedic device discloses wherein said control host further comprises a hollow accommodation space provided inside said base member for the setting of said control circuit system (circuit board 215, Fig. 5B of Dunbar, is held within a hollow accommodation space inside the base member as seen in Fig. 5B). The modified device is silent regarding at least one said electrical connector and said plug-in connectors of said control circuit system and said docking connector of each said skin-friendly attachment are respectively power connectors or signal connectors selected from the group of USB connectors, Type-C connectors, magnetic connectors and PogoPin connectors. However, these are well-known connectors that merely provide predictable results of connecting a pair of devices.
Furthermore, Jung teaches a related skin-friendly stimulation device (i.e., wearable device 200, Fig. 4A-4B) that is insertable in a charging docking station (docking station 270, see Fig. 4F) and an electrical connection (electric charging portion 216, Fig. 4A-4B; see para. [0063]-[0065]) is formed with power connectors or signal connectors selected from the group of USB connectors, Type-C connectors, magnetic connectors and PogoPin connectors (“the wearable device 200 comprises a charging slot (not shown) having a receiving groove for receiving a charging head of a wired connector connected on the other end to the external electric power source … The charging head may have various shapes and sizes including … a USB [connector] … the charging slot is shaped to receive a wired connector of a USB form factor, for example, a USB-A connector, a USB-B connector or a USB-C connector …[or] a POGO PIN connector” see para. [0065]). These well-known electrical connectors provide predictable results of allowing the skin-friendly stimulation device to be electrically connected to a docking station recess for charging, and being substantially compatible for connecting to additional electronic devices.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one said electrical connector and said plug-in connectors of said control circuit system and said docking connector of each said skin-friendly attachment are respectively power connectors or signal connectors selected from the group of USB connectors, Type-C connectors, magnetic connectors and PogoPin connectors as generally taught by Jung because these well-known electrical connectors provide predictable results of allowing the skin-friendly stimulation device to be electrically connected to a docking station recess for charging and being substantially compatible for connecting to additional electronic devices.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Poepperling et al. (2013/0204169) discloses a related skin-friendly attachment with a variety of stimulation modalities and physiological sensors including temperature sensors. Kim et al. (2014/0135875) discloses a related skin-friendly attachment to provide heating therapy to acupoints. Ehrenreich et al. (2015/0305974 and 2014/0228721) discloses a related skin-friendly attachment and a control host to removably receive the attachments and provide electrical connections via charging pins and charging pads. Marton et al. (2019/0015295) discloses a related skin-friendly attachment with heat therapy and temperature sensor(s). Liu et al. (2025/0375619) discloses a related skin-friendly attachment to provide heat therapy and light therapy. Na et al. (2017/0087005) discloses a related skin-friendly attachment to provide heat therapy, and including a temperature sensor. Chen et al. (2023/0063367) discloses a related skin-friendly attachment for providing heat therapy and having a temperature sensor. Branch et al. (10,172,762) discloses a related skin-friendly attachment to provide heat therapy and having a docking/charging station to receive the attachment(s). Stephan (2022/0085628) discloses a related skin-friendly attachment with a charging station.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 9:00-5:30 (Eastern).
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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