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 1-12 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
Claim 1 is objected to because of the following informalities:
Claim 1, line 20 recites “to magnetically attracted” which appears to have omitted the word –be--. The Examiner suggests –to be magnetically attracted--.
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.
Claim 12 is 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 12, line 3 recites “a central axis” which is confusing because “a central axis” has already been recited in claim 9 (line 12) and this appears to be a distinct central axis. The Examiner suggests re-naming these –a first central axis—and –a second central axis—to clarify that one of the central axes is associated with the first therapy module and the other central axis is associated with the second therapy module.
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, 4-5, 7, 9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (2015/0045702) in view of Nichols (2019/0262607) and Tammabattula (2020/0154874).
Regarding claim 1, Lin discloses a therapy system (Fig. 1), comprising:
a therapy device (cosmetic device 1, Fig. 1), comprising:
a housing (holding unit 11, Fig. 1), comprising:
a handle portion (lower half of unit 11, Fig. 1),
a head portion (upper half of unit 11, Fig. 1), and
a module seat (notch 111, the annular rim above the notch, first magnetic attraction components 112, and first connection terminals 113 are considered the module seat, Fig. 1) defined on the head portion (upper half of unit 11, Fig. 1), the module seat comprising:
a first securement recess defined therein (notch 111, Fig. 1), and
a first set of magnets (first magnetic attraction components 112, Fig. 1); and
an electrical source (the electrical source is considered the electrical lead connecting power supply unit 114 to electric connection terminals 113, Fig. 1);
a first therapy module (connection part 13, cover body 15, and cosmetic assembly 17, collectively form a therapy module, Fig. 1) removably secured to the module seat (via fixing block 131 and second magnetic attraction components 132, Fig. 1), wherein the first therapy module provides a first type of therapy (heat therapy, see the last two sentences of [0019]), and is in electrical communication (via connecting electric connection terminals 133, 113, Fig. 1; see lines 29-33 of [0017]) with the electrical source, and wherein the first therapy module comprises:
a second securement protrusion (fixing block 131, Fig. 1) extending therefrom and configured to engage with the first securement recess (111, Fig. 1), and
a second set of magnets (second magnetic attraction components 132, Fig. 1) configured to magnetically attracted to the first set of magnets (112, see lines 20-29 of [0017]).
Lin discloses the therapy device comprises different therapy modules (different cover parts 15 in Fig. 1, Fig. 3, Fig. 4) and states that different cosmetic assemblies may be exchanged (see lines 10-15 of [0010] and lines 7-12 of [0029]), but does not specifically state the system includes a second therapy module that is configured to be removably secured to the module seat, wherein the second therapy module provides a second type of therapy and is configured to be in electrical communication with the electrical source when the second therapy module is secured to the module seat, wherein the second type of therapy is different than the first type of therapy, wherein the second therapy module includes a third set of magnets that are configured to be magnetically attracted to the first set of magnets.
However, it is noted that it has been held that mere duplication of the essential working parts of a device (i.e., providing a second removable therapy module) involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. MPEP 2144.04.
Furthermore, Nichols teaches a related tissue therapy system with interchangeable therapy heads (see Figs. 1-5, Fig. 10, and lines 8-11 of the abstract), wherein the system includes a second therapy module (massage face head module 14B, Fig. 5) that is configured to be removably secured to a module seat (receptacle 24, Fig. 2A, see Fig. 5, and see the second and third sentences of [0007]), wherein the second therapy module (massage module 14B, Fig. 5) provides a second type of therapy (vibration therapy via vibration motor 66 and microcurrent skin therapy via current emitter element 58, Figs. 4-5) and is configured to be in electrical communication (via electrical contacts, see the first sentence of [0029] and see lines 6-10 of [0030]) with an electrical source (batteries 68, Fig. 5) when the second therapy module (14B) is secured to the module seat (14B, Fig. 4, see lines 6-10 of [0030]), wherein the second type of therapy (vibration and microcurrent therapy, see the last three lines of [0034]) is different than the first type of therapy (a first type of light therapy is provided by LED light head module 14A, Fig. 3, the light therapy may be for acne treatment or to treat skin wrinkles, see the first sentence of [0022] and see lines 6-11 of [0033]. Additionally, Lin provides a first therapy that is heat therapy). Providing a plurality of interchangeable therapy heads advantageously allows a user to easily provide a variety of different skin treatment therapies (see the last sentence of [0026]).
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 therapy system of Lin to provide a duplicate of the first removable therapy module, but with the duplicate performing a second type of therapy that is different than the first type of therapy such as a vibration and microcurrent therapy module as taught by Nichols so that a user can select which therapy module to utilize to easily provide a variety of different skin treatment therapies (see the last sentence of [0026] of Nichols). In the modified Lin/Nichols device, each removable therapy module would have its own set of magnets (such as second magnetic attraction components 132, Fig. 1 of Lin) that are magnetically attracted to the first set of magnets (see lines 20-29 of [0017] of Lin), and thus the second therapy module (the duplicated first therapy module of Lin, modified by Nichols to have a second, different therapy such as vibration/microcurrent therapy) would include a third set of magnets (analogous to the magnets 132, Fig. 1 of Lin) that are configured to be magnetically attracted to the first set of magnets (see lines 20-29 of [0017] of Lin).
The modified Lin/Nichols therapy device is configured to determine a type of the first therapy module when the first therapy module is secured to the module seat and a type of the second therapy module when the second therapy module is secured to the module seat because when either therapy module is secured to the module seat, it has been “determined” that the type of therapy module is being used. For example, attaching the first therapy module (13, 15, 17, Fig. 1 of Lin) determines that there will be heat therapy provided (see the last two sentences of [0019] of Lin) and attaching the second therapy module (14B, Fig. 5 of Nichols) determines that there will be a second type of therapy (vibration therapy via vibration motor 66 and microcurrent skin therapy via current emitter element 58, Figs. 4-5 of Nichols).
The modified Lin/Nichols device discloses electrical contacts that couple together (first and second connection terminals 113, 131, Fig. 1), but the modified Lin/Nichols device is silent regarding the module seat including a first securement protrusion extending therefrom, and the first therapy module including a second securement recess defined therein, wherein the first securement protrusion is received in the second securement recess.
Tammabattula teaches a related skincare device (Fig. 1) with a module seat (top-surface 4305, Fig. 43) including a first securement protrusion extending therefrom (connector 4301, Fig. 43; removably coupled to a complementary connector 301, Fig. 44; see lines 4-10 of [0269] and note that connector 301 is a female connection, see the penultimate sentence of [0176]); and a therapy module (skincare device 3600, Fig. 40) including a second securement recess defined therein (connector 301, Fig. 44; this can be a female connection and thus have a recess defined therein, see the penultimate sentence of [0176]), wherein the first securement protrusion (4301, Fig. 43) is received in the second securement recess (301, Fig. 44; see lines 4-10 of [0269]). This allows the module seat and therapy module connection to transmit electrical power and communicate data between the removable parts (see the last eighteen lines of [0269]).
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 first and second connection terminals (113, 131, Fig. 1) of Lin to be replaced with a male first securement protrusion and a female second securement recess as taught by Tammabattula because this is a simple substitution of one known electrical connection coupling for another known electrical connection coupling, and would provide an expected result of allowing electrical power and data to be transmitted between the separable modules upon connection.
Regarding claim 4, the modified Lin/Nichols/Tammabattula device discloses wherein the first therapy is one of cold therapy, heat therapy, LED light therapy, microcurrent therapy, photobiomodulation therapy, radio frequency therapy or ultrasound therapy (the first therapy is heat therapy, see the last two sentences of [0019] of Lin), and wherein the second therapy is one of cold therapy, heat therapy, LED light therapy, microcurrent therapy, photobiomodulation therapy, radio frequency therapy or ultrasound therapy (the second therapy is vibration therapy with microcurrent skin therapy, see vibration massage module 14B with vibration motor 66 and current emitter 58, Figs. 4-5 of Nichols; see the last three lines of [0034] and para. [0035] of Nichols).
Regarding claim 5, the modified Lin/Nichols/Tammabattula device discloses wherein one of the first securement protrusion and the second securement recess includes female electrical contacts (second securement recess 301, Fig. 44 includes female electrical contacts, see the penultimate sentence of [0176] of Tammabattula) and the other of the first securement protrusion and second securement recess includes male electrical contacts (first securement protrusion 4301 shown to include male electrical contacts in Fig. 43, and is stated to complementary couple with 301, a female electrical connector, see lines 4-10 of [0269] of Tammabattula), and wherein connection of the male electrical contacts (4301) and female electrical contacts (301) provides electrical communication between the electrical source and the therapy module (see lines 29-33 of [0017] of Lin, and the last eighteen lines of [0269] of Tammabattula).
Regarding claim 7, the modified Lin/Nichols/Tammabattula device as currently combined is silent regarding a user interface configured to control the first therapy module based on the type of the first therapy module and control the second therapy module based on the type of the second therapy module.
However, Nichols further teaches a user interface (mode control switch 18, Fig. 1) configured to control a first therapy module based on the type of the first therapy module and control a second therapy module based on the type of the second therapy module (see the penultimate sentence of [0037] “mode control switch 18 will only operate the functions of either head module 14A, 14B when that module is locked into the head receptacle 24 so that the contact pads [36, 38, 42 and 44A-44C] are appropriately connected to create an electrical connection therethrough.”).
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 Lin/Nichols/Tammabattula device to include a user interface configured to control the first and second therapy modules based on the type of therapy that they provide as taught by Nichols, so the user can easily adjust settings and/or operational modes to perform the various functions of the different therapy modules.
Regarding claim 9, Lin discloses a method of using a therapy device (Fig. 1), the method comprising the steps of:
obtaining the therapy device (it is provided/obtained in Fig. 1), wherein the therapy device comprises:
a housing (holding unit 11, Fig. 1), comprising:
a handle portion (lower half of unit 11, Fig. 1),
a head portion (upper half of unit 11, Fig. 1), and
a module seat (notch 111, the annular rim above the notch, first magnetic attraction components 112, and first connection terminals 113 are considered the module seat, Fig. 1) defined on the head portion (upper half of unit 11, Fig. 1), the module seat comprising:
a first securement recess defined therein (notch 111, Fig. 1), and
a first set of magnets (first magnetic attraction components 112, Fig. 1); and
an electrical source (the electrical source is considered the electrical lead connecting power supply unit 114 to electric connection terminals 113, Fig. 1),
obtaining a first therapy module (connection part 13, cover body 15, and cosmetic assembly 17, collectively form a therapy module, Fig. 1) that defines a central axis (the vertical dashed line in Fig. 1 runs through the center of the therapy module), wherein the first therapy module comprises:
a second securement protrusion (fixing block 131, Fig. 1) extending therefrom and configured to engage with the first securement recess (111, Fig. 1), and
a second set of magnets (second magnetic attraction components 132, Fig. 1),
wherein the first therapy module provides a first type of therapy (heat therapy, see the last two sentences of [0019]);
placing the first therapy module adjacent to the module seat (see Figs. 1-2, the first therapy module is inserted into the module seat by putting the fixing block 131 into the recess 111) so that the second set of magnets (132, Fig. 1) are magnetically attracted to the first set of magnets (131, Fig. 1; see lines 20-29 of [0017]);
determining a type of the first therapy module (It is noted that this claim does not require the “determine” language to be based on any particular information such as being based on information from electrical or data communication. When Lin’s first therapy module has been secured to the module seat, the device has “determined”, i.e., brought about as a result, that the first therapy module will provide heat therapy because that is the function provided by the therapy module 13, 15, 17, Fig. 1; see the last two sentences of [0019]); and
using the first therapy module (the therapy module will be used when it is attached, see the last sentence of [0017]).
Lin discloses different therapy modules (different cover parts 15 in Fig. 1, Fig. 3, Fig. 4) and says different cosmetic assemblies may be exchanged (see lines 10-15 of [0010] and lines 7-12 of [0029]), but is silent regarding the module seat comprising: a first securement protrusion extending therefrom, the first therapy module comprises: a second securement recess defined therein and configured to engage with the first securement protrusion, rotating the first therapy module about the central axis until the first securement protrusion is received in the second securement recess and the second securement protrusion is received in the first securement recess, whereby the magnetic attraction of the second set of magnets to the first set of magnets pulls the first securement protrusion into the second securement recess and the second securement protrusion into the first securement recess.
Nichols additionally teaches that the therapy system has a plurality of interchangeable therapy modules (see Figs. 1-5, Fig. 10, and lines 8-11 of the abstract) connectable to a module seat (receptacle 24, Fig. 2A, see Fig. 5, and see the second and third sentences of [0007]). To attach the therapy module(s), NIchols rotates the first therapy module (14, Fig. 2A) about the central axis until a second securement protrusion (internal face 40, Fig. 8) is received in a first securement recess (circular sidewall 30, Fig. 2A). The rotation allows L-shaped interlock grooves to engage so that the therapy module(s) can be twist-locked to prevent inadvertent disengagement and to further ensure positive electrical contact is completed (see L-shaped interlock grooves 34, Fig. 2A, and corresponding protrusions 74, Fig. 8; see lines 1-10 of [0030]).
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 therapy module(s) and module seat of Lin to include “L”-shaped grooves designed to engage interlock ridges on the therapy module(s) as taught by Nichols, so that the therapy module(s) can be twist-locked to prevent inadvertent disengagement and to further ensure positive electrical contact is completed (see lines 1-10 of [0030] of Nichols).
The modified Lin/Nichols method is still silent regarding the module seat comprising: a first securement protrusion extending therefrom, the first therapy module comprises: a second securement recess defined therein and configured to engage with the first securement protrusion, whereby the magnetic attraction of the second set of magnets to the first set of magnets pulls the first securement protrusion into the second securement recess and the second securement protrusion into the first securement recess.
Tammabattula teaches a related skincare device (Fig. 1) with a module seat (top-surface 4305, Fig. 43) including a first securement protrusion extending therefrom (connector 4301, Fig. 43; removably coupled to a complementary connector 301, Fig. 44; see lines 4-10 of [0269] and note that connector 301 is a female connection, see the penultimate sentence of [0176]); and a therapy module (skincare device 3600, Fig. 40) including a second securement recess defined therein (connector 301, Fig. 44; this can be a female connection and thus have a recess defined therein, see the penultimate sentence of [0176]), wherein the first securement protrusion (4301, Fig. 43) is received in the second securement recess (301, Fig. 44; see lines 4-10 of [0269]). This allows the module seat and therapy module connection to transmit electrical power and communicate data between the removable parts (see the last eighteen lines of [0269]).
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 first and second connection terminals (113, 131, Fig. 1) of Lin to be replaced with a male first securement protrusion and a female second securement recess as taught by Tammabattula because this is a simple substitution of one known electrical connection coupling for another known electrical connection coupling, and would provide an expected result of allowing electrical power and data to be transmitted between the separable modules upon connection.
In the modified Lin/Nichols/Tammabattula method, the magnetic attraction of the second set of magnets (132, Fig. 1 of Lin) to the first set of magnets (112, Fig. 1 of Lin) would help pull the first securement protrusion into the second securement recess and the second securement protrusion into the first securement recess because the magnets would be in close proximity to one another, and are attracted to one another (see lines 20-29 of [0017] of Lin).
Regarding claim 11, the modified Lin/Nichols/Tammabattula method discloses wherein one of the first securement protrusion and the second securement recess includes female electrical contacts (second securement recess 301, Fig. 44 includes female electrical contacts, see the penultimate sentence of [0176] of Tammabattula) and the other of the first securement protrusion and second securement recess includes male electrical contacts (first securement protrusion 4301 shown to include male electrical contacts in Fig. 43, and is stated to complementary couple with 301, a female electrical connector, see lines 4-10 of [0269] of Tammabattula), and wherein connection of the male electrical contacts (4301) and female electrical contacts (301) provides electrical communication between the electrical source and the therapy module (see lines 29-33 of [0017] of Lin, and the last eighteen lines of [0269] of Tammabattula), and wherein the method further comprises electrically connecting the first therapy module (heating therapy module of Lin) to the electrical source when the first securement protrusion is received in the securement recess and the second securement protrusion is received in the first securement recess (Lin, as modified by Nichols/Tammabattula will have each securement protrusion received in a corresponding securement recess when electrically connected).
Regarding claim 12, the modified Lin/Nichols/Tammabattula method discloses further comprising the steps of: removing (see lines 10-15 of [0010] of Lin) the first therapy module (connection part 13, cover body 15, and cosmetic assembly 17, collectively form a therapy module, Fig. 1 of Lin) from the module seat (notch 111, the annular rim above the notch, first magnetic attraction components 112, and first connection terminals 113 are considered the module seat, Fig. 1).
Lin discloses different therapy modules (different cover parts 15 in Fig. 1, Fig. 3, Fig. 4) and says different cosmetic assemblies may be exchanged (see lines 10-15 of [0010] and lines 7-12 of [0029]), but the modified Lin/Nichols/Tammabattula device as currently combined is silent regarding obtaining a second therapy module that defines a central axis, wherein the second therapy module comprises a third set of magnets, a third securement protrusion extending therefrom, and a third securement recess defined therein, and wherein the second therapy module provides a second type of therapy that is different from the first type of therapy; placing the second therapy module adjacent to the module seat so that the third set of magnets are magnetically attracted to the first set of magnets; rotating the second therapy module about the central axis until the first securement protrusion is received in the third securement recess and the third securement protrusion is received in the first securement recess, whereby the magnetic attraction of the third set of magnets to the first set of magnets pulls the first securement protrusion into the third securement recess the third securement protrusion into the first securement recess; determining the second type of therapy; and using the second therapy module.
However, it is noted that it has been held that mere duplication of the essential working parts of a device (i.e., providing a second removable therapy module) involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. MPEP 2144.04.
Furthermore, Nichols additionally teaches that the therapy system has a plurality of interchangeable therapy heads (see Figs. 1-5, Fig. 10, and lines 8-11 of the abstract), including a second therapy module (massage face head module 14B, Fig. 5) that defines a central axis (along 36, 42, Fig. 2A-2B), wherein the second therapy module (14B) includes a securement protrusion (housing portion 46, Fig. 2B; better seen at 46a, Fig. 8) extending therefrom, and wherein the second therapy module (14B) provides a second type of therapy (vibration therapy via vibration motor 66 and microcurrent skin therapy via current emitter element 58, Figs. 4-5) that is different from the first type of therapy (a first type of light therapy is provided by LED light head module 14A, Fig. 3, the light therapy may be for acne treatment or to treat skin wrinkles, see the first sentence of [0022] and see lines 6-11 of [0033]. Additionally, Lin provides a different first type of therapy as a heating therapy); placing the second therapy module (14B) adjacent to the module seat (as seen in Fig. 4), rotating the second therapy module (14B; twisted as described in lines 1-10 of [0030]) about the central axis until the securement protrusion is received in the securement recess (the module 14 is rotated/twisted to have the “L”-shaped interlock grooves 34 engage interlock ridges on the module, see lines 1-10 of [0030]. This will lock the securement protrusion 46 in the securement recess 24, Fig. 2A), determining the type of the second therapy module (It is noted that this claim does not require the “determine” language to be based on any particular information such as being based on information from electrical or data communication. When one of the interchangeable therapy heads of Nichols is secured tot eh module seat, the associated type of therapy has been “determined”, i.e., brought about as a result. For example, when the therapy module 14B is attached, it is determined that the second type of therapy will be vibration therapy via vibration motor 66 and microcurrent skin therapy via current emitter element 58, Figs. 4-5); and using the second therapy module (when module 14B is attached, it will be used to massage the face. See the last three lines of [0034]). Providing a plurality of interchangeable therapy heads advantageously allows a user to easily remove and then attach a desired therapy head to provide a variety of different skin treatment therapies (see the last sentence of [0026]).
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 therapy system of Lin/Nichols/Tammabattula to provide a duplicate of the first removable therapy module, but with the duplicate performing a second type of therapy that is different than the first type of therapy such as a vibration and microcurrent therapy module, and to remove the first therapy module and then attach the second therapy module as taught by Nichols so that a user can select which therapy module to utilize to easily provide a variety of different skin treatment therapies (see the last sentence of [0026] of Nichols). In the modified Lin/Nichols/Tammabattula device, each removable therapy module would have its own set of magnets (such as second magnetic attraction components 132, Fig. 1 of Lin) that are magnetically attracted to the first set of magnets (see lines 20-29 of [0017] of Lin), and thus the second therapy module (the duplicated first therapy module of Lin, modified by Nichols to have a second, different therapy such as vibration/microcurrent therapy) would include a third set of magnets (analogous to the magnets 132, Fig. 1 of Lin), a third securement protrusion extending therefrom, and a third securement recess defined therein (analogous to the protrusions/recesses of the first therapy module as taught by Lin/Nichols/Tammabattula above), and the third set of magnets are configured to be magnetically attracted to the first set of magnets (see lines 20-29 of [0017] of Lin) to pull the securement protrusion into the securement recess (the magnetic attraction will help pull the protrusion into the recess in the modified Lin/Nichols/Tammabattula device).
Claim(s) 2-3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (2015/0045702) in view of Nichols (2019/0262607) and Tammabattula (2020/0154874) as applied to claims 1 and 9 above, and further in view of Orlando (2014/0207028).
Regarding claim 2, the modified Lin/Nichols/Tammabattula device is silent regarding wherein the first securement protrusion and the first securement recess are disposed symmetrically around a periphery of the module seat.
However, it is noted that that rearranging parts of an invention (i.e., the position of magnets) involves only routine skill in the art. MPEP 2144.04.
Furthermore, Orlando teaches a related skin heating device (Fig. 1) wherein a detachable connection includes a plurality of magnets and protrusions/recesses disposed on a periphery of the therapy module (module 10B has a plurality of magnets 14A, and male/female keys 14B, Fig. 5) to provide a removable connection that allows the module seat (10A, Fig. 5) and therapy module (10B) to be aligned in a particular orientation (the male/female keys 14B help align the magnets 14A to match to hold the parts 10A, 10B together, see the first two sentences of [0034]).
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 locations of the first securement protrusion and first securement recess of Lin/Nichols/Tammabattula to be on the periphery as taught by Orlando because this is a mere rearrangement of parts to have the magnets and protrusions/recesses located on a periphery of the module seat and therapy modules, and provides an expected result of allowing the therapy module and module seat to be aligned in a particular orientation as they are connected.
Regarding claim 3, the modified Lin/Nichols/Tammabattula device is silent regarding wherein the second set of magnets are disposed on a periphery of the first therapy module and the third set of magnets are disposed on a periphery of the second therapy module. However, it is noted that that rearranging parts of an invention (i.e., the position of magnets) involves only routine skill in the art. MPEP 2144.04.
Furthermore, Orlando teaches a related skin heating device (Fig. 1) wherein a detachable connection includes a plurality of magnets and protrusions disposed on a periphery of the therapy module (module 10B has a plurality of magnets 14A, and male/female keys 14B, Fig. 5) to provide a removable connection that allows the module seat (10A, Fig. 5) and therapy module (10B) to be aligned in a particular orientation (the male/female keys 14B help align the magnets 14A to match to hold the parts 10A, 10B together, see the first two sentences of [0034]).
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 Lin/Nichols/Tammabattula to have the locations of the second and third sets of magnets of the first and second therapy modules to be disposed on a periphery of the therapy modules, and to correspond to magnets disposed on a periphery of the module seat as taught by Orlando because this is a mere rearrangement of parts to have the magnets located on a periphery of the module seat and therapy modules, and provides an expected result of allowing the therapy module and module seat to be aligned in a particular orientation as they are connected.
Regarding claim 10, the modified Lin/Nichols/Tammabattula method is silent regarding wherein the first securement protrusion and the first securement recess are disposed symmetrically around a periphery of the module seat, such that the first securement protrusion is received in the second securement recess simultaneously when the second securement protrusion is received in the first securement recess.
However, it is noted that that rearranging parts of an invention (i.e., the position of magnets) involves only routine skill in the art. MPEP 2144.04.
Furthermore, Orlando teaches a related skin heating device (Fig. 1) wherein a detachable connection includes a plurality of magnets and protrusions/recesses disposed on a periphery of the therapy module (module 10B has a plurality of magnets 14A, and male/female keys 14B, Fig. 5. These may be considered first, second, protrusions and first, second recesses) to provide a removable connection that allows the module seat (10A, Fig. 5) and therapy module (10B) to be aligned in a particular orientation (the male/female keys 14B help align the magnets 14A to match to hold the parts 10A, 10B together, see the first two sentences of [0034]). These plurality of magnets and protrusions/recesses would be connected simultaneously when the protrusions are received in the recesses.
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 first securement protrusion, first securement recess, second securement protrusion, and second securement recess of Lin/Nichols/Tammabattula to be the plurality of securement protrusions and recesses on the periphery as taught by Orlando because this is a mere rearrangement of parts to have the magnets and protrusions/recesses located on a periphery of the module seat and therapy modules, and provides an expected result of allowing the therapy module and module seat to be aligned in a particular orientation as they are connected.
Claim(s) 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (2015/0045702) in view of Nichols (2019/0262607) and Tammabattula (2020/0154874) as applied to claim 5 above, and further in view of Hyun et al. (2018/0126160).
Regarding claim 6, the modified Lin/Nichols/Tammabattula device discloses wherein the male electrical contacts (4301, Fig. 43 of Tammabattula) include four prongs (see Fig. 43 of Tammabattula, there are at least four prongs), and discloses that the connection provides both electrical communication and data communication (see the last eighteen lines of [0269] of Tammabattula), but does not specifically state that two of the prongs provide electrical communication and two of the prongs provide data communication, and wherein the therapy device is configured to determine the type of the first therapy module and the type of the second therapy module based on information from the data communication.
Hyun teaches a related skin therapy device (Fig. 3) with a plurality of interchangeable therapy modules (module tip head(s) 200, Fig. 4; see the first sentence of [0048] and [0159]) that are detachably coupled (see the first two sentences of [0101]) to a module seat (module coupling surface 302, Fig. 4) by at least four electrical contacts (terminals 3111 of the recognition unit 311, Fig. 4; “four terminals 3111 of the recognition unit 311” see the first sentence of [0169], providing a signal pattern as seen in Fig. 9c) and at least two of the prongs provide electrical communication and at least two of the prongs provide data communication (see para’s [0165], [0167], and [0169], at least two prongs 3111 connect with pattern unit 215, Fig. 9a-c, to provide electrical and data communication so the signal in Fig. 9c is transmitted to controller 242 which recognizes the signal to determine which skin treatment module is coupled). Thus, the controller is configured to automatically recognize which therapy module is attached (see the last sentence of [0009] and the last seven lines of [0021]) and the controller selects an appropriate treatment mode from the memory, corresponding to the recognized signal value to provide the treatment (see all of [0022]).
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 four electrical contact prongs of Lin/Nichols/Tammabattula to have at least two of the prongs provide electrical communication and at least two of the prongs provide data communication, so the therapy device is configured to determine the type of the first therapy module and the type of the second therapy module based on information from the data communication as taught by Hyun so the controller can automatically recognize which type of therapy module is attached, and select an appropriate treatment mode from the memory, corresponding to the recognized signal value.
Regarding claim 8, the modified Lin/Nichols/Tammabattula device is silent regarding wherein the device is configured to provide a plurality of modes of the first therapy module, and the therapy device further comprises a toggle button configured to toggle between the plurality of modes of the first therapy module.
Hyun teaches a related skin therapy device (Fig. 3) with a plurality of interchangeable therapy modules (module tip head(s) 200, Fig. 4; see the first sentence of [0048] and [0159]) that are detachably coupled (see the first two sentences of [0101]) to a module seat (module coupling surface 302, Fig. 4) and the controller is configured to automatically recognize which therapy module is attached (see the last sentence of [0009] and the last seven lines of [0021]). A plurality of electrical contacts (terminals 3111 of the recognition unit 311, Fig. 4; “four terminals 3111 of the recognition unit 311” see the first sentence of [0169], providing a signal pattern as seen in Fig. 9c) provide electrical communication and data communication to indicate the type of the therapy module (see para’s [0165], [0167], and [0169], at least two prongs 3111 connect with pattern unit 215, Fig. 9a-c, to provide electrical and data communication so the signal in Fig. 9c is transmitted to controller 242 which recognizes the signal to determine which skin treatment module is coupled), including a plurality of modes of the therapy module (the therapy module with electrodes 221, 222, Fig. 5, may perform a plurality of modes such as a deep skin care mode and a skin surface mode, see all of [0174]). The therapy device includes a toggle button (user input key 321, Fig. 5) configured to toggle between the plurality of modes of the first therapy module (“when the key is pressed one time, only the deep skin part care is performed. When the key is pressed one more, only the skin surface care is performed. When the key is pressed three times serially, the deep skin part care and the skin surface care are performed simultaneously” see para. [0174]).
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 Lin/Nichols/Tammabattula device to have at least one therapy module, such as the first therapy module, configured to provide a plurality of modes and to have a toggle button configured to toggle between the plurality of modes as taught by Hyun so the user can cycle between different modes of operation for a given therapy module.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,016,818.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are merely broader versions of the patented claims. For example, instant claim 1 omits “a motor to cause a reciprocating movement of a push rod assembly … first therapy module having a ring-shaped proximal end removably secured to the module seat” but patented claim 2 of U.S. Patent No. 12,016,818 discloses the remaining limitations. Similarly, instant claim 9 omits “a motor to cause a reciprocating movement of a push rod assembly … first therapy module …has a ring-shaped proximal end” but patented claim 11 of U.S. Patent No. 12,016,818 discloses the remaining limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamazaki et al. (2005/0054957) discloses a cosmetic treatment device with different therapy modules that can be attached to a module seat. Hart et al. (2022/0362097) discloses a percussion massager with a protrusion having electrical contacts that connects to a therapy module. Lee (KR 101468058) discloses a massage device with a therapy module and module seat. Yan et al. (CN 108175673) discloses a cosmetic treatment device with a detachable therapy module and a module seat.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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