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 .
Status of Claims
Claims 1-19 are currently pending and under consideration.
Specification
The disclosure is objected to because of the following informalities: "HT?" on page 1 (examiner will interpret this as "HT7"), "point LU1" on page 4 (examiner will interpret this as "LU9"), "Button 4c" on page 4 (examiner will interpret this as "Button 3c"), "respectively+," on page 5 (examiner will interpret this as "respectively +"), "This [enter] battery" on page 6 (examiner will interpret this as "This battery"), "Hz A" on page 6 (examiner will interpret this as "Hz. A..."), "60a, 60b and 50c" on page 9 (examiner will interpret this as "60a, 60b and 60c"), "for a set period of time 73" on page 9 (examiner will interpret this as a reference to item 74 in Fig. 6, "for a set period of time 74").
Appropriate correction is required.
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.
Claims 1, 5-11, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenbluth et. al, (US 20190001129 A1, published 01/03/2019, hereinafter known as Rosenbluth), in view of Higuchi et. al, (JP 2019055068 A, published 04/11/2019, hereinafter known as Higuchi), and in further view of Bedale Osteopaths (https://bedaleosteopaths.co.uk/accupressure-for-stress-and-anxiety/, published 04/16/2020).
Regarding claim 1, Rosenbluth teaches a wrist-worn acupuncture stimulation device comprising: a watch-like case having a top side and bottom side (housing 1450 in Fig. 14H-14L [0180]); a wrist strap or band attachable to the watch-like case constructed to allow the case to be worn on a human wrist (“the interface itself may be the entire portion that is the wristband or may be a portion of the wristband or be attached to the wristband” [0180]), and three corresponding locations (“three points on a wrist are stimulated” [0058]).
Regarding claim 11, Rosenbluth teaches the modified device of claim 1 as described above. Rosenbluth further teaches electromagnets mounted on the bottom side of the case, (“at least one of the stimulation actuators comprises an electromagnetic actuator for generating electromagnetic energy”, [0045]).
However, Rosenbluth does not teach three light emitters mounted on the bottom side of the case and located in positions corresponding to the H7, Lu9 and P6 acupuncture points, the three light emitters configured to emit light onto the H7, Lu9 and P6 acupuncture points.
Higuchi teaches an electronic device, a server, a data structure, a physical condition management method, and a physical condition management program capable of appropriately managing a physical condition of a user. The measuring unit includes a light emitting unit (light emitting unit 403L in Fig. 4, [0032-0033]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the wrist-worn acupuncture stimulation device of Rosenbluth with the light emitting unit of Higuchi because this measuring unit can measure changes in blood volume of at least one of arteries and capillaries corresponding to changes in heart rate, and obtains information on pulse waves as information related to heartbeats (Higuchi [0032]).
Bedale Osteopaths teaches acupuncture locations for stress and anxiety, in particular, three acupuncture points on the wrist can greatly help with stress, anxiety and feeling low. Together, they are called Buddha’s Triangle, they are Heart 7 (HT7), Pericardium 6 (P6) and Lung 9 (LU9), (https://bedaleosteopaths.co.uk/accupressure-for-stress-and-anxiety/, 04/16/2020).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the wrist-worn acupuncture stimulation device of Rosenbluth with the acupuncture points of Bedale Osteopaths because targeting these specific locations can help calm the mind, relieve nausea, and regulate the nervous system, (Bedale Osteopaths https://bedaleosteopaths.co.uk/accupressure-for-stress-and-anxiety/, 04/16/2020).
Regarding claims 5 and 15, in the modified device of Rosenbluth, Rosenbluth teaches a photoplethysmography (PPG) device configured to measure at least heart rate variability rate (HRV) and heart rate (HR) [0306].
Regarding claims 6 and 16, in the modified device of Rosenbluth, Rosenbluth teaches short-range communications with a mobile telephone (“the analysis may be done…by communicating either the raw or analyzed data to a secondary device such as a smartphone” [0207]), wherein the mobile telephone executes a stored application program utilizing said short-range communications (decision unit 702 in Fig. 7D, “this decision unit may be…integrated into an existing technology such as a smartphone” [0123]).
Regarding claim 7, in the modified device of Rosenbluth, Rosenbluth does not teach the three light emitters are chosen from a group consisting of: low-level lasers and LEDs.
Higuchi teaches the light emitting unit is, for example, an LED (light emitting unit 403L in Fig. 4, [0032-0033]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the wrist-worn acupuncture stimulation device with three acupuncture locations of Rosenbluth with the light emitting unit, comprising of an LED, of Higuchi because this measuring unit can measure changes in blood volume of at least one of arteries and capillaries corresponding to changes in heart rate, and obtains information on pulse waves as information related to heartbeats (Higuchi [0032]).
Regarding claims 8 and 17, in the modified device of Rosenbluth, Rosenbluth teaches a display screen (display 790 in Fig. 7D, [0121]).
Regarding claims 9 and 18, in the modified device of Rosenbluth, Rosenbluth teaches upon the PPG device detecting a negative HRV level (“decreased heart rate variability”, which is known in the art to be associated with negative heart rate variability as they both indicate that the body is under stress, [0271]), the wrist-worn acupuncture stimulation device is activated for a set period of time (“a second mode is provided based on feedback received after the first mode is activated” [0037]).
Regarding claims 10 and 19, in the modified device of Rosenbluth, Rosenbluth teaches a microcontroller (“general purpose processor can be a…microcontroller”, [0357]) in communication with the three (“three points on a wrist are stimulated” [0058]) supply electrodes (“the conduction pathway enhancer is a conductive tattoo… the conduction pathway enhancer comprises one or more conductive strips” [0025]) and the ground electrode (“the electrodes are preferably patch electrodes”, patch electrodes are commonly known in the art to contain a ground electrode for added safety measures [0183]), wherein the microcontroller is configured to communicate bi-directionally via short-range communication with a telephone App, “this decision unit may be…integrated into an existing technology such as a smartphone” [0123]).
Claims 2-4 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenbluth, in view of Higuchi and Bedale Osteopaths, and in further view of Chen, (US 20090228084 A1, published 09/10/2009).
Regarding claims 2 and 12, in the modified device of Rosenbluth, Rosenbluth does not teach a first button, a second button and a third button mounted on the top side of the case, wherein the buttons cause light to be emitted onto the corresponding acupuncture points.
Chen teaches a non invasive method of stimulating nerves and/or acupuncture/acupressure point(s) using at least one electrostatic field (Abstract). A circuit board may receive commands from users through Input Unit(s) (such as buttons and/or key pads) not shown on the drawings, then process accordingly and send the status of the device to an Output Unit(s) (such as LED) [0046].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the connection between the button and the LED light with the three acupuncture points of Rosenbluth because this allows for non-invasive nerve stimulation to the inside of the wrist (Chen [0009]).
Regarding claims 3 and 13, in the modified device of Rosenbluth, Rosenbluth does not teach the light is emitted onto all three of the H7, Lu9 and H7 acupuncture points simultaneously when the first button and the second button and the third button are depressed simultaneously.
Chen teaches many treatment heads to form a single user or multi-user medical device which is able to stimulate a plurality of acupressure/acupuncture point(s) of one or more person(s) simultaneously [0015].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the simultaneous activation of light emitting on the acupuncture points of Chen with the wrist-worn acupuncture stimulation device of Rosenbluth because the advantage of this application is that the treatment machine can stimulate different acupressure/acupuncture point(s) of each user (Chen [0051]).
Regarding claims 4 and 14, in the modified device of Rosenbluth, Rosenbluth does not teach three light-emitting diodes (LEDs) mounted on the top side of the case, each LED corresponding to one of the three buttons.
Higuchi teaches the light emitting unit is, for example, an LED (light emitting unit 403L in Fig. 4, shown to be on the top side of the measurement unit [0032-0033]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the three target acupuncture locations of Rosenbluth with the light emitting unit of Higuchi because this measuring unit can measure changes in blood volume of at least one of arteries and capillaries corresponding to changes in heart rate, and obtains information on pulse waves as information related to heartbeats (Higuchi [0032]).
Chen teaches a circuit board may receive commands from users through Input Unit(s) (such as buttons and/or key pads) not shown on the drawings, then process accordingly and send the status of the device to an Output Unit(s) (such as LED) [0046].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the connection between the button and the LED light with the three acupuncture points of Rosenbluth because this allows for non-invasive nerve stimulation to the inside of the wrist (Chen [0009]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FIONA M KOWALKOWSKI whose telephone number is (571)272-2790. The examiner can normally be reached Monday-Friday 7:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at 571-272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/F.M.K./Patent Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792