DETAILED ACTION
This Office Action is in response to the communication dated 01 July 2026 concerning Application No. 18/756,675 filed on 27 June 2024.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 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.
Status of Claims
Claims 21-29 and 31-35 are pending and currently under consideration for patentability; claim 21 has been amended; claims 1-20 and 30 have been cancelled.
Response to Arguments
Applicant’s arguments dated 01 July 2026 have been fully considered, but they are not persuasive or moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has amended independent claim 21 to recite displaying one or more node placement configurations, similar to a limitation appearing in now-cancelled claim 30, including further distinguishing that the node placement configurations indicate placement positions for the one or more energy-delivery nodes on a body part of the user. Applicant argues that the primary reference of Mann does not disclose or suggest such features. The Examiner has addressed the amended limitations in the updated text of the rejection below. Briefly, the Examiner respectfully submits that the Lee reference describes displaying node placement configurations corresponding to placement positions for energy-delivery nodes.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 21-29, 31, 32, and 34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mann et al. (US 6,622,048 B1) in view of Lee (US 2012/0239114 A1).
Regarding claim 21, Mann describes a system for providing electrical stimulation to a user (col 6:61-66), the system comprising
an energy-based therapeutic device 100 (col 6:43-60)
one or more energy-delivery nodes 110 in communication with the energy-based therapeutic device (col 6:43-60)
a non-transitory computer storage medium configured to store computer-executable instructions (col 6:20-24)
one or more computer hardware processors configured to execute the computer-executable instructions (col 10:50-11:3) to at least
cause presentation of one or more treatment plans on a user interface (col 4:52-65; col 22:37-57)
cause display of one or more node placement configurations (col 17:25-51)
receive user input on the user interface (col 22:40-45)
control the energy-based therapeutic device to execute one or more of the treatment plans based on the user input (col 6:21-25)
Regarding claim 21, Mann does not explicitly disclose wherein the node placement configurations indicate placement positions for the one or more energy-delivery nodes on a body part of the user. However, Lee also describes a system for managing a user’s pain ([0003]), including displaying node placement configurations indicating placement positions for energy-delivery nodes on a body part of a user (figures 5, 8; [0095]). As Lee is also directed towards managing a user’s pain and is in a similar field of endeavor, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to provide a display of node placement positions, as described by Lee, when using the system described by Mann, as doing so advantageously allows the resulting device to ensure that the energy-delivery nodes are placed optimally and adjust the placement if necessary.
Regarding claim 22, Mann describes wherein the energy-based therapeutic device comprises an electrotherapy device and the energy-delivery nodes comprise electrodes (col 6:43-60).
Regarding claim 23, Mann describes wherein the user input comprises one or more pieces of health related information (col 19:62-20:5).
Regarding claim 24, Mann describes wherein the user input comprises a type of stimulation desired by the user (col 12:30-42).
Regarding claim 25, Mann describes wherein the type of stimulation comprises pain relief (col 6:32-38).
Regarding claim 26, Mann describes wherein the user input comprises a specific body part that is experiencing a physical condition (col 2:63-3:15).
Regarding claim 27, Mann describes wherein the user input further comprises whether the specific body part is on a left side of the user or a right side of the user (col 8:27-30, 19:62-20:10).
Regarding claim 28, Lee describes wherein the user input comprises a severity of pain experienced by the user ([0092], [0095], obtaining user feedback and generating a pain map for the user).
Regarding claim 29, Mann describes wherein the user input comprises current, frequency, polarity, or amplitude (col 9:58-10:11).
Regarding claim 31, Lee describes a user interface in the form of a smartphone ([0092]).
Regarding claim 32, Mann describes wherein the one or more computer hardware processors are further configured to execute the computer-executable instructions to receive information specific to the user from a database, and wherein at least one of the treatment plans is based on the information specific to the user (col 23:50-62).
Regarding claim 34, Lee describes wherein the information specific to the user relates to the user’s medical history ([0095], patient profile information including diagnosis and procedure information).
Claims 33 and 35 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mann in view of Lee, further in view of Schoenhard et al. (US 2005/0245557 A1).
Regarding claim 33, Mann in view of Lee suggests the system of claim 21, but neither Mann nor Lee explicitly disclose wherein the information specific to the user relates to one or more of the user's athletic, physical, and outdoor activities. However, Schoenhard also describes a system for managing a user’s pain, including accounting for the user’s activities (Table 1, health survey). As Schoenhard is also directed to managing a user’s pain and is in a similar field of endeavor, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to account for user’s activities, as described by Schoenhard, when using the system described by Mann and Lee, as doing so advantageously allows the resulting system to alleviate of the user’s pain enough to have the user perform their daily activities again.
Regarding claim 35, Schoenhard describes wherein the information specific to the user relates to the user’s age, sex, height, or weight ([0430]).
Statement on Communication via Internet
Communications via Internet e-mail are at the discretion of the applicant. Without a written authorization by applicant in place, the USPTO will not respond via Internet e-mail to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. Where a written authorization is given by the applicant, communications via Internet e-mail, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used. USPTO employees are NOT permitted to initiate communications with applicants via Internet e-mail unless there is a written authorization of record in the patent application by the applicant. The following is a sample authorization form which may be used by applicant:
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Ankit D. Tejani, whose telephone number is 571-272-5140. The Examiner may normally be reached on Monday through Friday, 8:30AM through 5:00PM EST. 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, Niketa Patel, can be reached by telephone at 571-272-4156. 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 at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (in USA or Canada) or 571-272-1000.
/Ankit D Tejani/
Primary Examiner, Art Unit 3792
Prosecution Insights