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 .
Remarks
Claims 1-20, filed 07/05/2024, are currently pending and are under consideration.
Claim Objections
Claim 20 is objected to because of the following informalities:
Claim 20, lines 3-4, “adapting the control” should read “adapting control”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 7, 10, 11, and 16 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 4 recites the limitation “the user controls” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the controls" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the rechargeable battery" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the rechargeable battery" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “a similar design of electric wire” in line 2. It is unclear what is meant by this limitation. Are two of the same electric wire used? For examination purposes, Examiner will consider this to mean using the same wires in the electrode layer.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-14, 16, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mandel et al. (US Patent Application Publication 2022/0193409), hereinafter Mandel, in view of Perez (US Patent Application Publication 2017/0128722).
Regarding claim 1, Mandel discloses a menstrual pain management device (e.g. Abstract) comprising: a base layer adapted for removable attachment to skin (e.g. Par. [0024]); an electrode layer, the electrode layer covering at least two areas longitudinally located along the base layer (e.g. Fig. 3: electrodes 233 and 236; Pars. [0031]-[0032]); a heating layer (e.g. Par. [0034]: heating layer 306); an electronic layer, the electronic layer comprising a control module in electric connection with the electrode layer and the heating layer, the control module controlling operation of the electrode layer and the heating layer (e.g. Par. [0025]). However, Mandel fails to specifically disclose the base layer adapted for removable adhesion to skin and the electronic layer covering the other layers.
Perez, in a similar field of endeavor, is directed towards menstrual pain treatment. Perez discloses removable adhesion to skin and the electronic layer covering the other layers (e.g. Par. [0144]: adhesive patch; Par. [0198]: patch is adhesively attached to the skin; Par. [0201]: controller layer 213; Figs. 2A-C: controller layer 213 on top of other layers).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel to include the removable adhesion and electronic layer covering the other layers as taught by Perez, because doing so would allow the user to attach the device to their skin to provide the necessary treatment.
Regarding claim 2, Mandel further discloses wherein the electrode layer and the heating layer are superposed (e.g. Fig. 3: electrodes 233, 236 on top of heating layer 306). However, Mandel fails to disclose the layers printed on one another. Perez, in a similar field of endeavor, is directed towards menstrual pain treatment. Perez discloses printing the layers (e.g. Par. [0201]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include printing the layers as taught by Perez because it is a known method of fabricating the layer.
Regarding claim 3, Mandel further discloses the control module further comprises manual controls for controlling operation of the electrode layer and the heating layer, and the electronic layer further provides access to the manual controls of the control module (e.g. Par. [0026]: user input to control the device).
Regarding claim 4, Mandel further discloses wherein the user controls include at least one of the following: an intensity level for the electrode layer (e.g. Par. [0055]), a mode selection for selecting an electric wave pattern for the electrode layer and a frequency of the electric wave pattern (e.g. Par. [0054]; Fig. 8).
Regarding claim 6, Mandel fails to disclose wherein a periphery of the electronic layer is fused to the base layer to define a water-resistant shell around the electrode layer, the heating layer and the control module. Perez, in a similar field of endeavor, is directed towards menstrual pain treatment. Perez discloses wherein a periphery of the electronic layer is fused to the base layer to define a water-resistant shell (e.g. Par. [0180]: housing is sealed so it is waterproof or water-resistant).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include the device being water resistant as taught by Perez to ensure the components are not damaged by water during use.
Regarding claim 7, Mandel fails to disclose wherein the electronic layer covers the controls of the control module. Perez, in a similar field of endeavor, is directed towards menstrual pain treatment. Perez discloses the electronic layer covering the control module (e.g. Par. [0201]: controller layer 213; Figs. 2A-C: controller layer 213 on top of other layers).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include the electronic layer covering the control module as taught by Perez, because doing so would allow the user to control the device to provide the necessary treatment.
Regarding claim 8, Mandel further discloses wherein the electrode layer defines a central aperture (e.g. Fig. 3: space shown in between the electrodes 233, 236).
Regarding claim 9, Mandel further discloses wherein the control module further comprises a wireless communication module for communicating with a wireless electronic device (e.g. Pars. [0026]-[0027]).
Regarding claim 10, Mandel fails to disclose wherein the control module wirelessly communicates a recharge level of the rechargeable battery to the wireless electronic device. Perez, in a similar field of endeavor, is directed towards menstrual pain treatment. Perez discloses the control module wirelessly communicates a charge level of the device to the wireless electronic device (e.g. Par. [0040]: wireless communication; Par. [0179]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include communicating the charge level as taught by Perez to inform the user when the device needs charging.
Regarding claim 11, Mandel fails to disclose wherein the control module is adapted for controlling the electrode layer to generate a haptic signal indicative of a low recharge level of the rechargeable battery. Perez, in a similar field of endeavor, is directed towards menstrual pain treatment. Perez discloses generating a haptic signal indicating a low charge level of the device (e.g. Par. [0179]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include communicating the charge level as taught by Perez to inform the user when the device needs charging.
Regarding claim 12, Mandel further discloses wherein the control module includes a mode button for concurrently controlling the electrode layer and heating layer (e.g. Par. [0054]).
Regarding claim 13, Mandel further discloses wherein the mode button provides a low control for concurrently controlling the electrode layer on low intensity and the heating layer on low intensity (e.g. Par. [0054]).
Regarding claim 14, Mandel further discloses wherein the mode button provides a high control for concurrently controlling the electrode layer on high intensity and the heating layer on high intensity (e.g. Par. [0054]).
Regarding claim 16, Mandel further discloses wherein the electrode layer comprises a similar design of electric wire in each one of the at least two areas longitudinally located along the base layer (e.g. Par. [0043]).
Regarding claim 17, Mandel further discloses wherein the heating layer defines a belt along the base layer (e.g. Fig. 3: layer 306).
Regarding claim 20, Mandel further discloses wherein the control module further comprises a feedback button for receiving feedback from a user of the menstrual pain management device, the control module adapting the control of the electrode layer and heating layer in response to the feedback received from the user (e.g. Par. [0023]; Par. [0058]).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mandel et al. (US Patent Application Publication 2022/0193409), hereinafter Mandel, in view of Perez (US Patent Application Publication 2017/0128722), as applied to claim 1, and further in view of Lee et al. (US Patent Application Publication 2012/0109233), hereinafter Lee.
Regarding claim 5, Mandel fails to disclose wherein the control module further comprises a rechargeable battery for powering the electronic module, the electrode layer and the heating layer, and an input connector for receiving a connector of an electric cable for recharging the rechargeable battery. Lee, in a similar field of endeavor, is directed towards a portable combined stimulation device for relieving menstrual pain. Lee discloses a rechargeable battery for powering the electronic module, the electrode layer and the heating layer, and an input connector for receiving a connector of an electric cable for recharging the rechargeable battery (e.g. Par. [0014]; Par. [0017]; Par. [0019]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include the rechargeable battery as taught by Lee to save natural resources by using a rechargeable battery (e.g. Lee, par. [0014]).
Regarding claim 15, Mandel fails to disclose wherein the base layer and the electronic layer are made of a medical grade silicon. Lee, in a similar field of endeavor, is directed towards a portable combined stimulation device for relieving menstrual pain. Lee discloses using silicon to make the base layer and electronic layer (e.g. Par. [0033]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include the device being made of silicon as taught by Lee because doing so would result in a device that is safe to use on a user’s skin.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mandel et al. (US Patent Application Publication 2022/0193409), hereinafter Mandel, in view of Perez (US Patent Application Publication 2017/0128722), as applied to claim 1, and further in view of Davoudi et al. (US Patent Application Publication 2024/0423539), hereinafter Davoudi.
Regarding claims 18 and 19, Mandel fails to disclose wherein the electronic layer further comprises a rechargeable battery for powering the electronic module and a wireless charging module for wirelessly recharging the rechargeable battery, wherein the wireless charging module is one of an inductive wireless charging module and a capacitive wireless charging module. Davoudi, in the field of patient monitoring, discloses a rechargeable battery for powering the electronic module and a wireless charging module for wirelessly recharging the rechargeable battery, wherein the wireless charging module is one of an inductive wireless charging module and a capacitive wireless charging module (e.g. Par. [0154]: inductive wireless charging for power source such as a battery).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mandel in view of Perez to include the wirelessly rechargeable battery as taught by Davoudi to result in a device that is easily chargeable before use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 2011/0015708) is directed toward an apparatus to relieve menstrual pain.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA P ANJARIA whose telephone number is (571)272-9083. The examiner can normally be reached M-F: 8:00-5:00 EST.
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/SHREYA ANJARIA/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796