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 .
Information Disclosure Statement
The IDS filed 07/17/2024 has been considered by the Examiner.
Specification
The disclosure is objected to because of the following informalities:
Par. [0028], line 2: “user’s cloth” should be changed to “user’s clothes”.
Par. [0029], line 2: “user’s cloth” should be changed to “user’s clothes”.
Appropriate correction is required.
Claim Objections
Claim 2 objected to because of the following informalities:
Lines 2-3: “colling elements” should be changed to “cooling elements”.
Claim 16 objected to because of the following informalities:
Line 2: “a metallic components on a user’s cloth” should be changed to “a metallic component on a user’s clothes”.
Claim 21 objected to because of the following informalities:
Lines 3-4: “in circular shape” should be changed to “in a circular shape”.
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 13-20 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.
Claims 13-20 recites the limitation "The therapeutic device" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claims 13-20 all depend from claim 12, which introduces “A phototherapy patch”. It is believed that each of these claims should start with “The phototherapy patch of claim xxx” instead of “The therapeutic device of claim xxx”.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 21 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Tapper, et al. (U.S. PGPub No. 2019/0111276 – cited on IDS).
Regarding claim 21, Tapper teaches a method for providing a therapy to a user (Par. [0002] – delivering light-based therapy), the method comprising:
(Figs. 1A-C, # 1 – bandage pad assembly, i.e. therapeutic device, 52/53, 402) providing a therapeutic device comprising a shell having a housing (Par. [0090] – bandage pad assembly 1 includes a plurality of radiant lamps and circuitry encased by a sonic welded 52/53 top and bottom layer, a control pod 402 and an adhesive gel refill; Examiner notes that the control pod 402, and top and bottom layers welded together 52/53, together make up the shell which has a housing. Please see Figs. 58-59 for a representation of components making up the shell/housing formed together) for (Fig. 2, # 14 – flexible PCBA) a printed circuit board (Par. [0091] – the flexible PCBA is included in the radiant energy back bandage pad assembly), (Figs. 6C and 8, # 1-24 – LEDs, i.e. stimulator elements) at least one stimulation element (Par. [0081]; Par. [0100-0101]; Par. [0104] – LEDs 1-24 mounted to the flexible PCBA 14 along with other associated components such as resistors/capacitors) and (Fig. 35, # 416 – Li-Po battery assembly) a battery (Par. [0142]), (Figs. 1 and 34-35, # 1, 402, 416) the shell is extended vertically in circular shape to provide a housing for a battery (Par. [0090]; Par. [0142]; Bandage pad assembly 1 including control pod 402 is extended vertically to form a circular top portion), (Figs. 1 and 34-35, # 404 – control switch/button) the shell has an opening on the horizontal surface to accommodate a power button that controls the switching of the at least one stimulation element (Par. [0090] – the user initiates a delivery of a dosage of radiant energy using the control pod switch 404);
(Figs. 1 and 34-35, # 1, 402, 416) putting the battery inside the therapeutic device (Par. [0142] – The construction of the control pod 402 includes a Li-Po battery assembly 416);
(Figs. 1-2, # 4, 8/10) applying a transparent adhesive tape on the therapeutic device;
affixing the therapeutic device on a user’s body (Par. [0081]; Par. [0091] – An adhesive gel refill layer 8/10 is applied to the bottom layer 4 of the bandage pad assembly 1);
(Figs. 1 and 34-35, # 404 – control switch/button) switching ON the power button for providing treatment to the user (Par. [0090] – the user initiates a delivery of a dosage of radiant energy using the control pod switch 404).
Therefore, claim 21 is anticipated by Tapper, et al.
Claim Rejections - 35 USC § 103
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.
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 1-9, 11-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tapper, et al. (U.S. PGPub No. 2019/0111276 – cited on IDS) and Park, et al. (KR2018/0078623 – please see attached English translation – references are made to English translation).
Regarding claim 1, Tapper teaches (Figs. 1-2, 58-59) a therapeutic device (Title, Abstract – radiant energy bandage assembly, i.e. therapeutic device, Par. [0072-0073]; Par. [0080]; Par. [0090-0091]), comprising:
(Figs. 1A-C, # 1, 52/53, 402) a shell having a housing (Par. [0090] – bandage pad assembly 1 includes a plurality of radiant lamps and circuitry encased by a sonic welded 52/53 top and bottom layer, a control pod 402 and an adhesive gel refill; Examiner notes that the control pod 402, and top and bottom layers welded together 52/53, together make up the shell which has a housing. Please see Figs. 58-59 for a representation of components making up the shell/housing formed together);
(Fig. 2, # 14 – flexible PCBA) a printed circuit board housed in the housing (Par. [0091] – the flexible PCBA is included in the radiant energy back bandage pad assembly), the (Fig. 8, # 14, 57/58 – connection point blocks, i.e., first and second terminals) printed circuit board has a first terminal and a second terminal on a first side (Par. [0103] – the flexible PCBA 14 also includes control pod interface connection point blocks 57 and 58, each block providing three independent connection points/terminals to electrically connect to the control pod interface contact assembly 18 using electrical conductors/terminals);
(Figs. 6C and 8, # 1-24 – LEDs, i.e. stimulator elements) at least one stimulation element positioned on a second side of the printed circuit board (Par. [0081]; Par. [0100-0101]; Par. [0104] – LEDs 1-24 mounted to the flexible PCBA 14 along with other associated components such as resistors/capacitors);
(Fig. 2, # 4 – transparent bottom layer, i.e. cover layer; Fig. 4, # 4A) a cover layer disposed over the at least one stimulation element (Par. [0091]; Par. [0095] – over-sized bottom layer 4A is provided and used to encase the pad 123 and flexible PCBA 14);
(Fig. 35, # 416 – Li-Po battery assembly) a battery (Par. [0142]);
wherein (Figs. 1 and 34-35, # 404 – control switch/button) the shell has an opening for housing the switch button (Par. [0090] – the user initiates a delivery of a dosage of radiant energy using the control pod switch 404).
Tapper does not explicitly teach the limitations of instant claim 1, that is wherein the therapeutic device is comprising a first electrode metallic strip that connects a battery’s first terminal with the first terminal on the printed circuit board; a second electrode, the second electrode is an elongated metallic strip having a push back element at a first end that connects to a battery’s second terminal, and a second end of the second electrode is connected to the second terminal on the printed circuit board through a switch button.
However, Tapper does teach (Fig. 8) that the flexible PCBA 14 also includes control pod interface connection point blocks 57 and 58, each block providing three independent connection points/terminals to electrically connect to the control pod interface contact assembly 18 using electrical conductors/terminals (Par. [0103]). Tapper also teaches (Figs. 13A-B, # 114) spring contacts 114 (of the control pod interface contact assembly) that are electrically connected to PCBA 14 connection point blocks 57/58 (Par. [0112]). It is believed that these components serve as electrodes that electrically connect the battery and the printed circuit board in a similar way as required by the claim. However, for the sake of completeness and compact prosecution, Park is relied upon to teach these limitations.
Park, directed to analogous art, teaches a head massage apparatus having a replaceable brush that transmits galvanic ions (Title, Abstract). Park teaches the limitations of instant claim 1, that is wherein the therapeutic device is comprising (Fig. 2, # B – battery, 210 – PCB, 220 – brush connection spring, i.e. first electrode metallic strip) a first electrode metallic strip that connects a battery’s first terminal with the first terminal on the printed circuit board (Page 6, lines 12-21 – A brush connection spring 220 for transferring the generated galvanic ions to the brush body 310, a positive terminal spring electrically connected to the positive electrode of the battery B, one side electrically connected to the PCB 210); (Fig. 2, # B – battery, 116 – button, 210 – PCB, 240 – negative terminal spring, i.e. second electrode, 250 – switch) a second electrode, the second electrode is an elongated metallic strip having a push back element at a first end that connects to a battery’s second terminal, and a second end of the second electrode is connected to the second terminal on the printed circuit board through a switch button (Page 6, lines 12-21 – A negative terminal spring 240 electrically connected to the negative terminal of the battery B and a negative terminal spring 240 electrically connected to the negative terminal of the battery B and electrically connected to the operation button 116. The other end of the switch 250 is electrically connected to the PCB).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Park’s electrical connection configuration into Tapper’s therapeutic device, because doing so would be an example of simple substitution of one known element for another to obtain predictable results. As explained, Tapper clearly teaches (and necessarily teaches) electrical connection between its battery and printed circuit board in order to provide power to the therapeutic device to function. While Tapper does not specifically disclose the electrical connection configuration required by the claim and disclosed in Park, one of ordinary skill in the art would recognize that such electrical configuration could be implemented to obtain predictable results of proper functioning of the therapeutic device. One of ordinary skill in the art would have also been motivated to look to Park, in view of Tapper, because of Tapper’s teaching of common components (i.e., battery, switch, therapeutic device, etc.) as well as spring contacts (Fig. 13B, # 114; i.e., push back element). One of ordinary skill would have found such implementation of Park’s electrical configuration into Tapper’s device as predictable since both Tapper and Park’s devices provide therapeutic energy to a patient and are capable of being power-controlled.
Therefore, claim 1 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 2, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 2, that is wherein (Fig. 8, # 1-24) the at least one stimulation element is selected from a group consisting of Light Emitting Diodes (LEDs), lasers, heating elements, colling elements, vibration elements, electrodes and combinations thereof (Par. [0104]).
Therefore, claim 2 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 3, Tapper, in view of Park, renders obvious the therapeutic device of claim 2, as indicated hereinabove. Tapper also teaches the limitation of instant claim 3, that is wherein (Fig. 8, # 1-24; Fig. 34, # 416) the Light Emitting Diodes (LEDs) emit electromagnetic radiation when connected to the battery (Par. [0003]; Par. [0087] – a magnetic control pod docking/connection arrangement provides a manner of attaching a rigid structure, such as but not limited to a controller or a battery, to a flexible pad assembly such as a radiant energy bandage pad as described herein; Par. [0104]; Par. [0142]).
Therefore, claim 3 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 4, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 4, that is wherein (Figs. 1 and 34-35, # 1 and 402) the shell is extended vertically to form a circular top portion (Par. [0090]; Bandage pad assembly 1 including control pod 402 is extended vertically to form a circular top portion).
Therefore, claim 4 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 5, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 5, that is wherein (Fig. 5, # 2A; Fig. 34-35, # 402, 410, 420) the shell is made of a metallic component or a non-metallic component (Par. [0099] – oversize top layer 2A is made of a flexible plastic sheet material, such as PVC; Par. [0142-0143]).
Therefore, claim 5 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 6, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 6, that is (Figs. 2 and 11, # 12 – pad, i.e. insulation layer) wherein an insulation layer is provided between shell, the printed circuit board, the first electrode and the second electrode (Par. [0091]; Par. [0109-0110]).
Therefore, claim 6 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 7, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 7, that is wherein (Fig. 2, # 4 – transparent bottom layer, i.e. cover layer; Fig. 4, # 4A) the cover layer is a transparent layer, a metallic layer or a ceramic layer (Par. [0091]; Par. [0095] – over-sized bottom layer 4A is provided and used to encase the pad 123 and flexible PCBA 14).
Therefore, claim 7 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 8, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 8, that is wherein (Fig. 1C, # 8/10) the device further comprises a transparent, double-sided adhesive film to serve as an attachment to a user’s skin (Par. [0081-0082] – comfortable gel layer, i.e., attaches to user’s skin (i.e., back or knee); Par. [0090]).
Therefore, claim 8 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 9, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Tapper also teaches the limitation of instant claim 9, that is wherein (Figs. 35-37 and 39, # 410 – controller pod upper housing 410, i.e. battery cover, 420; see annotated Fig. 37 below) the shell is fitted with a battery cover to protect the battery, the battery cover has a plurality of flanges that fit into corresponding grooves in the shell (Par. [0142-0143] – control pod 402 includes a top housing 410 and a bottom housing 420 which encase a LI-Po battery assembly 416; top housing 410 and bottom housing 420 of control pod include an attachment component (see tabs and receiving portions on top and bottom housing)).
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Annotated Fig. 37
Therefore, claim 9 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 11, Tapper, in view of Park, renders obvious the therapeutic device of claim 1, as indicated hereinabove. Park also teaches the limitation of instant claim 11, that is wherein (Fig. 2, # B – battery, 116 – button, 210 – PCB, 240 – negative terminal spring, i.e. second electrode, 250 – switch) the switch button connects or terminates the connection between the second electrode and the second terminal on the printed circuit board (Page 6, lines 12-21 – A negative terminal spring 240 electrically connected to the negative terminal of the battery B and a negative terminal spring 240 electrically connected to the negative terminal of the battery B and electrically connected to the operation button 116. The other end of the switch 250 is electrically connected to the PCB).
Therefore, claim 11 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 12, Tapper teaches (Figs. 1-2, 58-59) a phototherapy patch (Title, Abstract – radiant energy bandage assembly, i.e. phototherapy patch, Par. [0072-0073]; Par. [0080]; Par. [0090-0091]), comprising:
(Figs. 1A-C, # 1, 52/53, 402) a shell having a housing (Par. [0090] – bandage pad assembly 1 includes a plurality of radiant lamps and circuitry encased by a sonic welded 52/53 top and bottom layer, a control pod 402 and an adhesive gel refill; Examiner notes that the control pod 402, and top and bottom layers welded together 52/53, together make up the shell which has a housing. Please see Figs. 58-59 for a representation of components making up the shell/housing formed together);
(Fig. 2, # 14 – flexible PCBA) a printed circuit board housed in the housing (Par. [0091] – the flexible PCBA is included in the radiant energy back bandage pad assembly), (Fig. 8, # 14, 57/58 – connection point blocks, i.e., first and second terminals) the printed circuit board has a first terminal and a second terminal on a first side (Par. [0103] – the flexible PCBA 14 also includes control pod interface connection point blocks 57 and 58, each block providing three independent connection points/terminals to electrically connect to the control pod interface contact assembly 18 using electrical conductors/terminals);
(Figs. 6C and 8, # 1-24 – LEDs, i.e. stimulator elements) at least one stimulation element positioned on a second side of the printed circuit board (Par. [0081]; Par. [0100-0101]; Par. [0104] – LEDs 1-24 mounted to the flexible PCBA 14 along with other associated components such as resistors/capacitors);
(Fig. 2, # 4 – transparent bottom layer, i.e. cover layer; Fig. 4, # 4A) a cover layer disposed over the at least one stimulation element (Par. [0091]; Par. [0095] – over-sized bottom layer 4A is provided and used to encase the pad 123 and flexible PCBA 14);
(Fig. 35, # 416 – Li-Po battery assembly) a battery (Par. [0142]);
wherein (Figs. 1 and 34-35, # 404 – control switch/button) the shell has an opening for housing the switch button (Par. [0090] – the user initiates a delivery of a dosage of radiant energy using the control pod switch 404);
wherein (Fig. 1, # 52/53 – sonic welded; Fig. 2, # 6, 18, 20; Figs. 35, 37, 39, # 410 and 420) the shell comprises an attachment component (Par. [0090] – sonic welded 52/53 top and bottom layer is part of attachment component; Par. [0091] – control pod interface 6, control pod docking magnet 20, and control pod interface contact assembly 18 are part of an attachment component; Par. [0142] – top housing 410 and bottom housing 420 of control pod include an attachment component (see tabs and receiving portions on top and bottom housing)).
Tapper does not explicitly teach the limitations of instant claim 12, that is wherein the phototherapy patch comprises a first electrode metallic strip that connects a battery’s first terminal with the first terminal on the printed circuit board; a second electrode, the second electrode is an elongated metallic strip having a push back element at a first end that connects to a battery’s second terminal, and a second end of the second electrode is connected to the second terminal on the printed circuit board through a switch button.
However, Tapper does teach (Fig. 8) that the flexible PCBA 14 also includes control pod interface connection point blocks 57 and 58, each block providing three independent connection points/terminals to electrically connect to the control pod interface contact assembly 18 using electrical conductors/terminals (Par. [0103]). Tapper also teaches (Figs. 13A-B, # 114) spring contacts 114 (of the control pod interface contact assembly) that are electrically connected to PCBA 14 connection point blocks 57/58 (Par. [0112]). It is believed that these components serve as electrodes that electrically connect the battery and the printed circuit board in a similar way as required by the claim. However, for the sake of completeness and compact prosecution, Park is relied upon to teach these limitations.
Park, directed to analogous art, teaches a head massage apparatus having a replaceable brush that transmits galvanic ions (Title, Abstract). Park teaches the limitations of instant claim 12, that is wherein the phototherapy patch is comprising (Fig. 2, # B – battery, 210 – PCB, 220 – brush connection spring, i.e. first electrode metallic strip) a first electrode metallic strip that connects a battery’s first terminal with the first terminal on the printed circuit board (Page 6, lines 12-21 – A brush connection spring 220 for transferring the generated galvanic ions to the brush body 310, a positive terminal spring electrically connected to the positive electrode of the battery B, one side electrically connected to the PCB 210); (Fig. 2, # B – battery, 116 – button, 210 – PCB, 240 – negative terminal spring, i.e. second electrode, 250 – switch) a second electrode, the second electrode is an elongated metallic strip having a push back element at a first end that connects to a battery’s second terminal, and a second end of the second electrode is connected to the second terminal on the printed circuit board through a switch button (Page 6, lines 12-21 – A negative terminal spring 240 electrically connected to the negative terminal of the battery B and a negative terminal spring 240 electrically connected to the negative terminal of the battery B and electrically connected to the operation button 116. The other end of the switch 250 is electrically connected to the PCB).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Park’s electrical connection configuration into Tapper’s therapeutic device, because doing so would be an example of simple substitution of one known element for another to obtain predictable results. As explained, Tapper clearly teaches (and necessarily teaches) electrical connection between its battery and printed circuit board in order to provide power to the therapeutic device to function. While Tapper does not specifically disclose the electrical connection configuration required by the claim and disclosed in Park, one of ordinary skill in the art would recognize that such electrical configuration could be implemented to obtain predictable results of proper functioning of the therapeutic device. One of ordinary skill in the art would have also been motivated to look to Park, in view of Tapper, because of Tapper’s teaching of common components (i.e., battery, switch, therapeutic device, etc.) as well as spring contacts (Fig. 13B, # 114; i.e., push back element). One of ordinary skill would have found such implementation of Park’s electrical configuration into Tapper’s device as predictable since both Tapper and Park’s devices provide therapeutic energy to a patient and are capable of being power-controlled.
Therefore, claim 12 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 13, Tapper in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Tapper also teaches the limitation of instant claim 13, that is wherein (Fig. 8, # 1-24) the at least one stimulation element is selected from a group consisting of Light Emitting Diodes (LEDs), lasers, heating elements, cooling elements, vibration elements, electrodes, and combinations thereof (Par. [0104]).
Therefore, claim 13 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 14, Tapper, in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Tapper also teaches the limitation of instant claim 14, that is wherein (Fig. 2, # 4 – transparent bottom layer, i.e. cover layer; Fig. 4, # 4A) the cover layer is a transparent layer, a metallic layer or a ceramic layer (Par. [0091]; Par. [0095] – over-sized bottom layer 4A is provided and used to encase the pad 123 and flexible PCBA 14).
Therefore, claim 14 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 15, Tapper, in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Tapper also teaches the limitation of instant claim 15, that is wherein (Figs. 1 and 34-35, # 1 and 402) the shell is extended vertically to form a circular top portion (Par. [0090]; Bandage pad assembly 1 including control pod 402 is extended vertically to form a circular top portion).
Therefore, claim 15 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 16, Tapper, in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Tapper also teaches the limitation of instant claim 16, that is wherein (Figs. 1-2, # 2, 6, 14, 16, 20 the attachment component is a magnetic component that binds to a magnetic or a metallic components on a user’s cloth (Par. [0012]; Par. [0090-0091] – the control pod interface base 16 extends through the flexible PCBA 14 and top layer 2 to interconnect the control pod interface contact assembly 18, control pod docking magnet 20 and control pod interface; bandage (e.g., considered clothing), which includes magnets for connecting to magnetic components of external control pod).
Therefore, claim 16 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 17, Tapper, in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Tapper also teaches the limitation of instant claim 17, that is wherein (Figs. 35, 37, 39, # 410, 420) the attachment component is a clip, a pin or a binder (Par. [0142-0143] – tabs and receiving portions in top and bottom housing would be considered clips/binders).
Therefore, claim 17 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 18, Tapper, in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Tapper also teaches the limitation of instant claim 9, that is wherein (Figs. 35-37 and 39, # 410 – controller pod upper housing 410, i.e. battery cover, 420; see annotated Fig. 37 below) the shell is fitted with a battery cover to protect the battery, the battery cover has a plurality of flanges that fit into corresponding grooves in the shell (Par. [0142-0143] – control pod 402 includes a top housing 410 and a bottom housing 420 which encase a LI-Po battery assembly 416; top housing 410 and bottom housing 420 of control pod include an attachment component (see tabs and receiving portions on top and bottom housing)).
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Annotated Fig. 37
Therefore, claim 18 is unpatentable over Tapper, et al. and Park, et al.
Regarding claim 20, Tapper, in view of Park, renders obvious the therapeutic device of claim 12, as indicated hereinabove. Park also teaches the limitation of instant claim 20, that is wherein (Fig. 2, # B – battery, 116 – button, 210 – PCB, 240 – negative terminal spring, i.e. second electrode, 250 – switch) the switch button connects or terminates the connection between the second electrode and the second terminal on the printed circuit board (Page 6, lines 12-21 – A negative terminal spring 240 electrically connected to the negative terminal of the battery B and a negative terminal spring 240 electrically connected to the negative terminal of the battery B and electrically connected to the operation button 116. The other end of the switch 250 is electrically connected to the PCB).
Therefore, claim 20 is unpatentable over Tapper, et al. and Park, et al.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tapper, et al. (U.S. PGPub No. 2019/0111276 – cited on IDS) and Park, et al. (KR2018/0078623 – please see attached English translation), further in view of Wang (CN205863282 – please see attached English Translation – references are made to English translation).
Regarding claim 10, Tapper, in view of Park, renders obvious the therapeutic device of claim 9, as indicated hereinabove. Tapper also teaches the limitation of instant claim 10, that is wherein (Figs. 1 and 34-35, # 402) the battery cover is circular in shape (Par. [0090]; control pod 402 is extended vertically to form a circular top portion). Tapper does not explicitly teach the limitation of instant claim 10, that is wherein the battery cover includes a semi-circular projection protruding outward at one point, so as to allow a user to access the battery.
Wang teaches a leak-proof electric vehicle battery (Title, Abstract). Wang teaches the limitation of instant claim 10, that is wherein (Figs. 1-2, # 31-34) the battery cover includes a semi-circular projection protruding outward at one point, so as to allow a user to access the battery (Par. [0029] – An electrotype injection cap 31 is provided on the electrolyte injection hole to prevent electrolyte leakage from battery compartment 20. The electrolyte injection cap 31 has a double-layer structure, including an upper cap 32 and a lower cap 33. … The lower cover 33 has a pull ring 34. The pull ring 34 has a semi-circular structure and a thread on its back. The friction of the thread helps to grip the pull ring 34. The pull ring 34 facilitates the use of the injection cap 31.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented the battery cover semi-circular projection of Wang into Tapper’s battery cover, because doing so would be an example of using a known technique to improve similar devices in the same way. One of ordinary skill in the art would have desired the semi-circular pull ring of Wang in Tapper’s battery cover in order for the user to be able to grip and easily access the battery of the device, when the battery needs servicing (see Wang’s Figs. 1-2 and Par. [0029]). One of ordinary skill in the art would have also desired Wang’s pull ring because it does not interfere with the battery cover providing a full seal for the battery to prevent any dust, dirt, or contaminant from reaching the battery.
Therefore, claim 10 is unpatentable over Tapper, et al., Park, et al., and Wang, et al.
Regarding claim 19, Tapper, in view of Park, renders obvious the therapeutic device of claim 18, as indicated hereinabove. Tapper also teaches the limitation of instant claim 19, that is wherein (Figs. 1 and 34-35, # 402) the battery cover is circular in shape (Par. [0090]; control pod 402 is extended vertically to form a circular top portion). Tapper does not explicitly teach the limitation of instant claim 19, that is wherein the battery cover includes a semi-circular projection protruding outward at one point, so as to allow a user to access the battery.
Wang teaches a leak-proof electric vehicle battery (Title, Abstract). Wang teaches the limitation of instant claim 19, that is wherein (Figs. 1-2, # 31-34) the battery cover includes a semi-circular projection protruding outward at one point, so as to allow a user to access the battery (Par. [0029] – An electrotype injection cap 31 is provided on the electrolyte injection hole to prevent electrolyte leakage from battery compartment 20. The electrolyte injection cap 31 has a double-layer structure, including an upper cap 32 and a lower cap 33. … The lower cover 33 has a pull ring 34. The pull ring 34 has a semi-circular structure and a thread on its back. The friction of the thread helps to grip the pull ring 34. The pull ring 34 facilitates the use of the injection cap 31.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented the battery cover semi-circular projection of Wang into Tapper’s battery cover, because doing so would be an example of using a known technique to improve similar devices in the same way. One of ordinary skill in the art would have desired the semi-circular pull ring of Wang in Tapper’s battery cover in order for the user to be able to grip and easily access the battery of the device, when the battery needs servicing (see Wang’s Figs. 1-2 and Par. [0029]). One of ordinary skill in the art would have also desired Wang’s pull ring because it does not interfere with the battery cover providing a full seal for the battery to prevent any dust, dirt, or contaminant from reaching the battery.
Therefore, claim 19 is unpatentable over Tapper, et al., Park, et al., and Wang, et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nelson (U.S. PGPub No. 2023/0072776)
Holding, et al. (U.S. Patent No. 9,433,785)
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/MICHAEL T. HOLTZCLAW/Primary Examiner, Art Unit 3796