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 .
Drawings
The drawings are objected to because:
The drawings do not have uniformly thick and well-defined lines and appear to be photographs or screenshots of 3D models (Figs 2B-2D). Photographs are not ordinarily permitted in utility patent applications and are accepted only if photographs are the only practicable medium for illustrating the claimed invention. See 37 CFR 1.84(b) and (l) for more details.
Reference characters “51” and “29” are not found in the specification (Figs 7A, 8, and 10).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2, 13, 15, 19, and 20 are objected to because of the following informalities:
The phrase “third vibration frequency” should be changed to –third frequency—for consistency (Claim 2, Line 2).
The phrase “a user” should be changed to –the patient—for consistency (Claim 13, Line 1).
The phrase “the patient” should be changed to –a patient—since this is the first time this is mentioned (Claim 15, Line 3).
The phrase “heat” should be changed to –the heat—for consistency (Claim 19, Line 1).
The phrase “a multi-frequency vibration apparatus” should be changed to –the multi-frequency vibration apparatus—for consistency (Claim 20, Line 1).
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Heating and/or cooling source of Claim 1. The corresponding structures are electrical heaters or electrical coolers including a Peltier effect cooler (paragraph 0029) or externally heated or cooled thermal pack (paragraph 0035).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 3, 4, 16, 17, and 20 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 3 states “a vibration frequency” (Line 2). This statement is indefinite because it is unclear if the vibration frequency is the same as the frequencies from the vibration motors mentioned in Claim 1. It appears the applicant was trying to say they’re the same. However, multiple distinct vibration frequencies could be involved. Therefore, the number of vibration frequencies involved cannot be determined. For examination purposes, the claim limitation will be interpreted as they’re the same. Similar rejections are applied to Claim 4 (Line 2 [two instances]), Claim 16 (“a frequency”, Line 1), and Claim 17 (“a frequency”, Lines 1-2 [two instances]).
Claims 17 and 20 are rejected for being dependent on rejected Claim 16.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baxter et al. (US 2018/0369064 A1) in view of Bachmann (US 4,052,981 A).
Regarding Claim 1, Baxter discloses a method for providing treatment (paragraph 0002), the method comprising: attaching a vibration plate (22, Fig 12A; 22 takes the form of a solid plate, paragraph 0077) to a patient (strap 14 has a connecting device 18 for attaching device to subject’s body part, 12 curved to enhance proximity and contact of device by strap, paragraph 0077); activating a first vibration motor (vibrational source, paragraph 0079; suitable vibrational sources include elliptical flywheel motors, eccentric motors, and the like, paragraph 0089) that is rigidly attached to the vibration plate (vibration source disposed on interior surface of 22, paragraph 0079) such that the first vibration motor emits or otherwise imparts at least a first frequency (vibrational source applies vibration, paragraph 0079; vibrational source may be a high frequency low amplitude eccentric motor, paragraph 0089); and thermally heating or cooling the vibration plate with a heating and/or cooling source (28, Fig 14; thermal element may comprise a powered or electric thermal element, such as, for example, an electric heating element and/or thermoelectric device, a thermoelectric device can comprise a Peltier cooler, a Peltier heater, thermoelectric heat pump, or thermoelectric cooler, or combinations thereof, paragraph 0086; suitable thermal elements include metal ingots, low freezing point (below about 45° F. or 7.2° C.) liquids and gels, ceramics, clays, polymers, polymer materials, natural materials such as bran, other heat sinks, hot packs, chemical reactive thermal packs, thermal gel packs, thermal clay packs, and even ice packs, paragraph 0082) while the first vibration motor is activated (28 held within 34, vibration source disposed on interior surface of 22 or between 28 and 22, paragraph 0079; vibrational and thermal effects, application of heat or cold concurrently with use or application of vibration, paragraph 0068).
The current embodiment of Baxter fails to explicitly disclose activating a second vibration motor that is rigidly attached to the vibration plate such that the second vibration motor emits or otherwise imparts at least a second frequency; creating a harmonic combination of the first frequency and the second frequency within the rigidly attached vibration plate and transferring the thusly-created harmonic combination into tissue of the patient.
However, an alternate embodiment of Baxter teaches activating a second vibration motor that is rigidly attached to the vibration plate such that the second vibration motor emits or otherwise imparts at least a second frequency (device may comprise a plurality of vibration sources, plurality of vibration sources may comprise at least two vibration sources, for example, two, three, four, five, or six vibration sources, or more, paragraph 0089; embodiments that allow for variances in both frequency and amplitude of vibration of one or more vibration sources, paragraph 0094; suitable vibrational sources include elliptical flywheel motors, eccentric motors, and the like, paragraph 0089) since it is known to add multiple vibration motors with varying amplitudes and frequencies.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention multiple motors each with their own frequency, as taught by Baxter, since it is known to add multiple vibration motors with varying amplitudes and frequencies.
Baxter fails to teach creating a harmonic combination of the first frequency and the second frequency within the rigidly attached vibration plate and transferring the thusly-created harmonic combination into tissue of the patient.
However, Bachmann, of the same field of endeavor, teaches a massaging apparatus (Abstract) including creating a harmonic combination of the first frequency and the second frequency within the rigidly attached vibration plate (56, Fig 3) and transferring the thusly-created harmonic combination into tissue of the patient (operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38; the vibrations are harmonious due to the vibrations going along with a wave of beats) to produce the proper combination of motions and transmit the motions over a large area (Column 1, Lines 38-41) and to produce a unique complex vibration motion (Column 5, Lines 17-38).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the motors in such a way that the combined vibrations create a complex, harmonious wave of beats, as taught by Bachmann, to produce the proper combination of motions and transmit the motions over a large area (Bachmann: Column 1, Lines 38-41) and to produce a unique complex vibration motion (Bachmann: Column 5, Lines 17-38). By having two motors involved that produce different vibration frequencies, the device is capable of producing a resulting vibration that is more complex and unique than having a single motor. This produces a more desired massaging effect on the user.
Regarding Claim 2, Baxter-Bachmann combination teaches activating a third vibration motor, rigidly attached to the vibration plate to emit or otherwise impart at least a third vibration frequency (Baxter: device may comprise a plurality of vibration sources, plurality of vibration sources may comprise at least two vibration sources, for example, two, three, four, five, or six vibration sources, or more, paragraph 0089; embodiments that allow for variances in both frequency and amplitude of vibration of one or more vibration sources, paragraph 0094; suitable vibrational sources include elliptical flywheel motors, eccentric motors, and the like, paragraph 0089).
Regarding Claim 3, Baxter-Bachmann combination teaches modulating at least one of the first vibration motor and/or the second vibration motor such that a vibration frequency created thereby is caused to modulate (Bachmann: operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38).
Regarding Claim 4, Baxter-Bachmann combination teaches modulating the first vibration motor and the second vibration motor such that a vibration frequency created by the first motor and a vibration frequency created by the second motor is caused to modulate (Bachmann: operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38).
Regarding Claim 5, Baxter-Bachmann combination teaches a modulation pattern of the first motor is different from a modulation pattern of the second motor (Baxter: embodiments that allow for variances in both frequency and amplitude of vibration of one or more vibration sources, paragraph 0094; Bachmann: operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38).
Regarding Claim 6, Baxter-Bachmann combination teaches the treatment comprises pain relief (Baxter: methods of the present invention allow for increased blood flow, reduction of pain, reduction of irritating or unpleasant sensations, such as itching or burning, increased healing, or for blood drawing or injection procedures, paragraph 0019).
Regarding Claim 7, Baxter-Bachmann combination teaches the treatment comprises restoration of tissue function (Baxter: methods of the present invention allow for increased blood flow, reduction of pain, reduction of irritating or unpleasant sensations, such as itching or burning, increased healing, or for blood drawing or injection procedures, paragraph 0019; increased healing ensures restoration of tissue function).
Regarding Claim 8, Baxter-Bachmann combination teaches activating a third vibration motor rigidly attached to the vibration plate (Baxter: embodiments that allow for variances in both frequency and amplitude of vibration of one or more vibration sources, paragraph 0094; Bachmann: operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38).
Regarding Claim 9, Baxter-Bachmann combination teaches thermally heating or cooling the vibration plate with a heating and/or cooling source comprises heating the vibration plate with an electric heater (Baxter: thermal element may comprise a powered or electric thermal element, such as, for example, an electric heating element and/or thermoelectric device, a thermoelectric device can comprise a Peltier cooler, a Peltier heater, thermoelectric heat pump, or thermoelectric cooler, or combinations thereof, paragraph 0086).
Regarding Claim 10, Baxter-Bachmann combination teaches thermally heating or cooling the vibration plate with a heating and/or cooling source comprises cooling the vibration plate with an electric cooler (Baxter: thermal element may comprise a powered or electric thermal element, such as, for example, an electric heating element and/or thermoelectric device, a thermoelectric device can comprise a Peltier cooler, a Peltier heater, thermoelectric heat pump, or thermoelectric cooler, or combinations thereof, paragraph 0086).
Regarding Claim 11, Baxter-Bachmann combination teaches thermally heating or cooling the vibration plate with a heating and/or cooling source comprises providing an externally heated or cooled thermal pack (Baxter: suitable thermal elements include metal ingots, low freezing point (below about 45° F. or 7.2° C.) liquids and gels, ceramics, clays, polymers, polymer materials, natural materials such as bran, other heat sinks, hot packs, chemical reactive thermal packs, thermal gel packs, thermal clay packs, and even ice packs, paragraph 0082; thermal element (28) can be placed within a thermal element pocket and can be held within thermal element pocket (34) by closure (91) or friction, adhesives, fasteners, or other type of closure, paragraph 0079).
Regarding Claim 12, Baxter-Bachmann combination teaches providing a plurality of pre-programmed, user selectable vibration settings (Baxter: the user of the embodiment may select the level of vibration for the vibration sources in the device, a user may be able to select varying or different respective levels of vibration in a device having more than one vibration source, paragraph 0095; pushbutton 16 shown on outside of device, Figs 12A-12C).
Regarding Claim 13, Baxter-Bachmann combination teaches allowing a user to manipulate an intensity level of at least one of the first or the second vibration motors (Baxter: the user of the embodiment may select the level of vibration for the vibration sources in the device, a user may be able to select varying or different respective levels of vibration in a device having more than one vibration source, paragraph 0095).
Regarding Claim 14, Baxter-Bachmann combination teaches shaping the vibration plate to at least substantially conform to at least a portion lower back of a person (Baxter: casing can be any shape, and preferably conforms to most body parts, particularly fingers, arms, shoulders, lower back, hip, feet, and legs, paragraph 0018; one or more surfaces of a casing may be convex, shaped like the outer surface of a circle, and when the device contacts a surface, such as the back, the convex surface of the casing substantially contacts the surface, meaning that a majority of the convex surface is in contact with the area of the surface, paragraph 0016; casing (12) may be curved, such as the convex areas shown in application area (22), in a manner to enhance proximity and, thus contact, of the device by a strap or wrap, paragraph 0077).
Regarding Claim 15, Baxter discloses a method for improving the ability of fascia to move with respect to a muscle (method disclosed herein comprises treating one or more injured sites in a subject, such as for treating an injured site or area by providing wound healing and/or tissue repair, myofascial injury or inflammation, paragraph 0013; by treating myofascial injury, myofascial pain is reduced, paragraph 0015), the method comprising: attaching a frequency vibration apparatus (apparatus of Figs 12A-12C; strap 14 has a connecting device 18 for attaching device to subject’s body part, 12 curved to enhance proximity and contact of device by strap, paragraph 0077; vibrational source applies vibration, paragraph 0079) to the patient such that a vibration plate (22, Fig 12A; 22 takes the form of a solid plate, paragraph 0077) thereof is disposed on an exterior of the patient nearest the fascia (strap 14 has a connecting device 18 for attaching device to subject’s body part, 12 curved to enhance proximity and contact of device by strap, paragraph 0077; treatment of myofascial pain caused by trigger points, restricted motion and muscle tension, paragraph 0061); activating a motor at a frequency in the vibration plate (vibrational source, paragraph 0079; suitable vibrational sources include elliptical flywheel motors, eccentric motors, and the like, paragraph 0089; vibrational source may be a high frequency low amplitude eccentric motor, paragraph 0089).
The current embodiment of Baxter fails to explicitly disclose activating a plurality of motors at frequencies that cause a harmonic combination to be formed in the vibration plate.
However, an alternate embodiment of Baxter teaches activating a plurality of motors at frequencies in the vibration plate (device may comprise a plurality of vibration sources, plurality of vibration sources may comprise at least two vibration sources, for example, two, three, four, five, or six vibration sources, or more, paragraph 0089; embodiments that allow for variances in both frequency and amplitude of vibration of one or more vibration sources, paragraph 0094; suitable vibrational sources include elliptical flywheel motors, eccentric motors, and the like, paragraph 0089) since it is known to add multiple vibration motors with varying amplitudes and frequencies.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention multiple motors each with their own frequency, as taught by Baxter, since it is known to add multiple vibration motors with varying amplitudes and frequencies.
Baxter fails to teach activating a plurality of motors at frequencies that cause a harmonic combination to be formed.
However, Bachmann, of the same field of endeavor, teaches a massaging apparatus (Abstract) including activating a plurality of motors at frequencies that cause a harmonic combination to be formed (operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38; the vibrations are harmonious due to the vibrations going along with a wave of beats) to produce the proper combination of motions and transmit the motions over a large area (Column 1, Lines 38-41) and to produce a unique complex vibration motion (Column 5, Lines 17-38).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the motors in such a way that the combined vibrations create a complex, harmonious wave of beats, as taught by Bachmann, to produce the proper combination of motions and transmit the motions over a large area (Bachmann: Column 1, Lines 38-41) and to produce a unique complex vibration motion (Bachmann: Column 5, Lines 17-38). By having two motors involved that produce different vibration frequencies, the device is capable of producing a resulting vibration that is more complex and unique than having a single motor. This produces a more desired massaging effect on the user.
Regarding Claim 16, Baxter-Bachmann combination teaches the method further comprises modulating a frequency of at least one of the plurality of motors (Bachmann: operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38).
Regarding Claim 17, Baxter-Bachmann combination teaches modulating a frequency of the first motor and a frequency of the second motor (Bachmann: operate respective motors 68 and 70 at different speeds, chosen to generate a train of beats, wave of beats generated by motors is modulated by which results in a unique complex vibration motion, Column 5, Lines 17-38).
Regarding Claim 18, Baxter-Bachmann combination teaches applying heat to the vibration plate (Baxter: 28, Fig 14; thermal element may comprise a powered or electric thermal element, such as, for example, an electric heating element and/or thermoelectric device, a thermoelectric device can comprise a Peltier cooler, a Peltier heater, thermoelectric heat pump, or thermoelectric cooler, or combinations thereof, paragraph 0086; suitable thermal elements include metal ingots, low freezing point (below about 45° F. or 7.2° C.) liquids and gels, ceramics, clays, polymers, polymer materials, natural materials such as bran, other heat sinks, hot packs, chemical reactive thermal packs, thermal gel packs, thermal clay packs, and even ice packs, paragraph 0082).
Regarding Claim 19, Baxter-Bachmann combination teaches removing heat from the vibration plate to provide a cooling effect to the patient (Baxter: 28, Fig 14; thermal element may comprise a powered or electric thermal element, such as, for example, an electric heating element and/or thermoelectric device, a thermoelectric device can comprise a Peltier cooler, a Peltier heater, thermoelectric heat pump, or thermoelectric cooler, or combinations thereof, paragraph 0086; suitable thermal elements include metal ingots, low freezing point (below about 45° F. or 7.2° C.) liquids and gels, ceramics, clays, polymers, polymer materials, natural materials such as bran, other heat sinks, hot packs, chemical reactive thermal packs, thermal gel packs, thermal clay packs, and even ice packs, paragraph 0082).
Regarding Claim 20, Baxter-Bachmann combination teaches attaching a multi-frequency vibration apparatus to the patient comprises attaching the multi-frequency vibration apparatus against a lower back of the patient (Baxter: casing can be any shape, and preferably conforms to most body parts, particularly fingers, arms, shoulders, lower back, hip, feet, and legs, paragraph 0018; one or more surfaces of a casing may be convex, shaped like the outer surface of a circle, and when the device contacts a surface, such as the back, the convex surface of the casing substantially contacts the surface, meaning that a majority of the convex surface is in contact with the area of the surface, paragraph 0016; casing (12) may be curved, such as the convex areas shown in application area (22), in a manner to enhance proximity and, thus contact, of the device by a strap or wrap, paragraph 0077).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for art cited of interest including:
US 20190290534 A1 discusses a device with multiple vibration modules.
US 20090112131 A1 discusses a body sculpting device with a belt embodiment.
US 20050059909 A1 discusses a neck massager that has heat and vibration capabilities.
US 20200230021 A1 discusses vibration device with a plurality of vibration motors.
US 20140163439 A1 discusses a wearable vibration device that harmonizes vibrations with music.
US 20200222276 A1 discusses a vibration device that creates a beat frequency.
US 20190053968 A1 discusses a vibration apparatus with a metal vibration plate.
US 5545125 A discusses a massage device in the form of a belt that has multiple motors across it.
US 8216291 B1 discusses a therapeutic device that uses constructive and destructive vibratory waveforms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN THAI-BINH KHONG whose telephone number is (571)272-1857. The examiner can normally be reached Monday to Thursday 9:00 am-6:00 pm.
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, Kendra Carter can be reached at (571) 272-9034. 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.
/BRIAN T KHONG/ Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/ Primary Examiner, Art Unit 3785
Prosecution Insights