DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “210”, “211”, “212”, “213”, “220”, “222”mentioned in the description in at least [53]; “201”, “202”, mentioned in the description in at least [54] ; “214”, “303” mentioned in the description in at least [58].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: figure 2 include the following reference character(s) “202-4”, “301-1”, “301-2”, “302-1”, “302-2” not mentioned in the description.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible drawing errors similar to the ones noted above. Applicant's cooperation is requested in correcting any errors of which applicant may become aware. Specifically, Applicant’s co-operation is requested to ensure consistency in reference numerals used in figures and the corresponding description.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“…magnetic filed … in para.[59] needs to be corrected. A suggested correction is -- magnetic [[filed]] field --.
“Further, the ferromagnetic cores 213 are applied to the center of the wound coli” in [62] needs to be corrected. A suggested correction is - Further, the ferromagnetic cores 213 are applied to the center of the wound coil [[coli]]--.
“In particularly, it can be seen that when attraction is generated” in [69] needs to be corrected. A suggested correction is -- In particular[[ly]], it can be seen that when attraction is generated--.
“Meanwhile, even through all components… That is, the all components may also be selectively combined” in [88] needs to be corrected. A suggested correction is -- Meanwhile, even [[through]] though all components… That is, [[the]] all components may also be selectively combined --.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 1 “a low-level laser generator that generates light of a predetermined wavelength to the body joint in order to reduce inflammation at the body joint … a heat generator that generates heat to the muscles around the body joint in order to generate flow of blood around the body joint” needs to be corrected. A suggested correction is – a low-level laser generator that generates light of a predetermined wavelength to the body joint in [[order]] a manner as to reduce inflammation at the body joint … a heat generator that generates heat to the muscles around the body joint in [[order]] a manner as to generate flow of blood around the body joint—to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “in order to” necessarily follows from preceding limitations and thus unclear as to whether this limitation is even required or not required.
Claim 10 “generating light of a predetermined wavelength to the body joint in order to reduce inflammation at the body joint… generating heat to the muscles around the body joint in order to generate flow of blood around the body joint by means of a heat generator” needs to be corrected. A suggested correction is – generating light of a predetermined wavelength to the body joint in [[order]] a manner as to reduce inflammation at the body joint… generating heat to the muscles around the body joint in [[order]] a manner as to generate flow of blood around the body joint by means of a heat generator—to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “in order to” necessarily follows from preceding limitations and thus unclear as to whether this limitation is even required or not required.
Claim 2 in lines 4-5 recites “the electromagnet unit transmits magnetic force to a predetermined long distance exceeding a reference value” needs to be corrected to -- the electromagnet unit transmits magnetic force to a predetermined long distance which is a distance determined as exceeding a reference value—in light of instant specification as-filed [0053].
Claim 1 “An arthritis pain treatment device that is worn on a body joint of a user” needs to be corrected to avoid potential interpretation as falling under 35 U.S.C. 101 and section 33(a) of the America Invents Act (Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism) and thus as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). A suggested correction is -- An arthritis pain treatment device that is configured to be worn on a body joint of a user --.
Claim 10 “A method of driving an arthritis pain treatment device that is worn on a body joint of a user” needs to be corrected to avoid potential interpretation as falling under 35 U.S.C. 101 and section 33(a) of the America Invents Act (Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism) and thus as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). A suggested correction is -- A method of driving an arthritis pain treatment device that is configured to be worn on a body joint of a user --.
Claim 9 lines 7-10 “the third light emitter using a same pulse signal, and modulates a frequency of the pulse signal when transmitting light to a deep part of the body joint” needs to be corrected. A suggested correction is -- the third light emitter using a same pulse signal, and modulates a frequency of the pulse signal [[when]] while transmitting light to a deep part of the body joint— or -- the third light emitter using a same pulse signal, and modulates a frequency of the pulse signal during transmission of light to a deep part of the body joint --to avoid conditional/contingent limitation recitation which would raise question as to whether the limitations resulting from the conditional clause is even required (see MPEP 2111.04) and also raises question as to what occurs when the condition is not met.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 5 in line 2 recites “one plate” which renders this claim unclear. More specifically, it is unclear as to whether claim 5 line 2 “one plate” is the same as, different than or in addition to “one… plate” recited in clam 3 line 7.
Claim 5 in line 3 recited “the one plate” which renders this claim unclear. More specifically, it is unclear as to whether claim 5 line 3 “the one plate” is referencing claim 5 line 2 “one plate” and/or claim 3 line 7 “one…plate”.
Each of claim 1, 8-10 recite “low-level” which renders these clams unclear in light of a specification which is silent as to what is meant by “low-level” in the context used i.e. intensity/energy level or something else. Additionally, the term “low-level” in these claims is a relative term which also renders the claim indefinite. The term “low-level” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 8 recites “a user” which renders this claim unclear. More specifically, it is unclear as to whether claim 8 “a user” is referencing claim 1 line 2 “a user” and/or claim 1 line 19 “a user”.
Claim 9 recites “a deep part of the body joint” which renders this claim unclear. More specifically, in this limitation the term “deep” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Dependent claims 2-9 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 2-9 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed [36-42], [46-47], [53], [55], [87-90].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
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 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 of this title, 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.
Claims 1-2, 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Courtnage et al. (Pub. No.: US 20020143373 A1, hereinafter referred to as “Courtnage”) in view of Lee Youg et al. (Pub. NPL_KR_20210126424A_EngTranslation, hereinafter referred to as "Lee").
As per independent Claim 1, Courtnage discloses a bone problem treatment device that is worn on a body joint of a user (Courtnage in at least abstract, , fig. 1-2, 5, [0003], [0006-0007], [0011-0013], [0017], [0019-0021], [0024-0026], [0032-0033], [0035], [0038-0039], [0042-0044], [0047-0048], [0053], [0055-0058] for example discloses relevant subject-matter. More specifically, Courtnage in at least fig. 1-3, abstract, [0011-0012], [0025], [0032], [0042], [0047] for example discloses bone problem treatment device that is worn (see fig. 3) on a body joint of a user. See at least Courtnage [0011-0012] “system that combines physical and logical elements that are capable of treating a wide variety of conditions to achieve the therapeutic benefits of light, heat, and/or electro-stimulation…system generally comprises energy sources, such as photon-emitting diodes (LEDs), laser diodes, and trans-cutaneous electrical stimulators”; [0025] “Various modalities that may be implemented … include bone problems”; [0032] “outer layer 104 is optionally cast to mirror a treatment area, such as … knee, … or foot.”; [0047] “Customized braces … or customized casts may be configured for treatment of diseased… bones”), the arthritis pain treatment device comprising:
a low-level laser generator (Courtnage in at least fig. 3, [0035] “LED or laser diode 118”) that generates light of a predetermined wavelength to the body joint in order to reduce inflammation at the body joint and changes brightness of the light (Courtnage in at least fig. 2, [0039], [0043]);
an electric muscle stimulation generator (Courtnage in at least fig. 3, [0035] “a transcutaneous electrostimulation pad 116”) that applies current to muscles of the body joint to induce contraction and relaxation of the muscles of the body joint (Courtnage in at least [0035], [0043]);
a heat generator (Courtnage in at least [0017] “shapable housing may be formed of a heat conductive material to dissipate heat over the treatment area”) that generates heat to the muscles around the body joint in order to generate flow of blood around the body joint (Courtnage in at least [0011], [0017]); and
a controller (Courtnage [0019] ) that controls the low-level laser generator, the electric muscle stimulation generator, and the heat generator in accordance with instructions from a user (Courtnage in at least fig.2, [0019], [0021], [0039] , [0043]. See at least [0019] “control mechanism, such as a central processor (CPU) configured with program instructions, may be utilized for regulation of output from the energy sources”).
Courtnage does not explicitly disclose arthritis pain treatment using pulsed electromagnetic features.
However, in an analogous bone problem treatment device that is worn on a body joint of a user field of endeavor, Lee discloses an arthritis pain treatment device that is worn on a body joint of a user (Lee in at least abstract, fig. 1, 2a, 4, 7a, 9c, 14b, [0009-0032], [0067], [0098-0135], [0158], [0193-0195], [0225-0296], [0348], [0352] for example discloses relevant subject-matter. More specifically, Lee in at least fig. 1, 2a, 4, [0009], [0020], [0030-0032], [0109] for example discloses arthritis pain treatment device 100 that is worn on a body joint of a user as shown in fig. 2a. See at least Lee [0009] “musculoskeletal disease treatment device … in a form wearable on a user's body part… providing at least one stimulation among magnetic field stimulation …toward the body part … wherein the body part may be a musculoskeletal part where muscle pain and/or arthritis occur” ), the arthritis pain treatment device comprising:
a pulsed electromagnetic generator (Lee at least fig. 7a, “13”, [0067], [0098], [0352]) that generates a magnetic field to the body joint to activate cells of the body joint (Lee in at least [0132]) and changes polarity of the magnetic field (Lee in at least fig. 9c, [0158], [0193-0195]);
a heat generator (Lee in at least fig. 7a, [0225], [0352]. See Lee [0225] “thermal stimulation part (14b)” ) that generates heat to the muscles around the body joint in order to generate flow of blood around the body joint (Lee in at least [0030-0031], [0237-0240], [0250]);
a controller (Lee in at least fig. 1, “130”, [0026], [0352]) that controls the pulsed electromagnetic generator (Lee, [0099], [0117]) and the heat generator (Lee, [0249]) in accordance with instructions from a user (Lee, [0348]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bone problems treatment device that is worn on a body joint of a user as taught by Courtnage, by further including pulsed electromagnetic energy treatment modality that treats and focuses on arthritis bone problem, as taught by Lee. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of extending and customizing musculoskeletal disease treatment particularly to treat arthritis (Lee, [0007]).
As per dependent Claim 2, the combination of Courtnage and Lee as a whole further discloses arthritis pain treatment device wherein the pulsed electromagnetic generator includes an electromagnet unit having a pair of coil electromagnets, and the electromagnet unit transmits magnetic force to a predetermined long distance exceeding a reference value by acting repulsion and attraction of the coil electromagnets (Lee at least fig. 10, [0160], [0198-0200]).
As per dependent Claim 6, the combination of Courtnage and Lee as a whole further discloses arthritis pain treatment device wherein the pulsed electromagnetic generator transmits the magnetic force to the predetermined long distance by modulating a frequency of a pulse signal having predetermined frequency and amplitude (Lee, [0165-0166], [0173], [0176], [0178]).
As per dependent Claim 7, the combination of Courtnage and Lee as a whole further discloses arthritis pain treatment device wherein the pulsed electromagnetic generator includes at least two electromagnet units and transmits the magnetic force to the predetermined long distance by generating repulsion at the two electromagnet units (Lee in at least fig. 10, [0160], [0198-0200]).
As per dependent Claim 8, the combination of Courtnage and Lee as a whole further discloses arthritis pain treatment device wherein the low-level laser generator includes a conductive guide preventing the light from being exposed to the eyes of a user (Courtnage, fig. 1, [0017] discloses functionally equivalent structure and arraignment that preventing the light from being exposed to the eyes of a user. See at least Courtnage [0017] “photon-emitting sources may be embedded in the shapable housing, which can be formed of an insulating material”).
As per dependent Claim 9, the combination of Courtnage and Lee as a whole further discloses arthritis pain treatment device wherein the low-level laser generator includes a first light emitter emitting light of a first wavelength, a second light emitter emitting light of a second wavelength, and a third light emitter emitting light of a third wavelength, in which the wavelengths are different from each other, and operates the first light emitter, the second light emitter, and the third light emitter using a same pulse signal, and modulates a frequency of the pulse signal when transmitting light to a deep part of the body joint (Courtnage, [0021] “Among the respective light sources, the user may further select desired wavelengths for emission upon activation of a corresponding portion of the light sources”;[0035] “Any emission wavelength having a perceived therapeutic benefit may be employed… LEDs 118 may be selected to have a plurality of emission wavelengths for any therapeutic purpose, and these diodes may optionally include LEDs or laser diodes that emit light in any portion of the visible or nonvisible spectrum. The LEDs 118 are mounted in conventional receptacles (not shown) that facilitate their operation.”; [0039] “drivers 218, 220 permit operation of the energy sources on an individual basis, or in banks of sources according to source type, e.g., in four banks of diodes emitting at different wavelengths or different intensities. A keypad 222 with user-selectable buttons 224 permits a user to define or select emission wavelengths, laser or LED light, Joule intensity emission standards, waveform functions, therapeutic modalities… duration of elapsed treatment, multiple combined treatment modalities, and any other condition affecting treatment.”; [0043] “photon emissions may include the utilization of … multiple wave lengths, the coherent or non-coherent nature of the photon emission, the amount of electrical current catalyzing the photon emission, the wave form(s) of the electrical current effecting photon emission, and the constant and/or interval frequency(s) of the photon emissions”).
As per independent Claim 10, Courtnage discloses a method of driving an bone problem treatment device that is worn on a body joint of a user (Courtnage in at least abstract, , fig. 1-2, 5, [0003], [0006-0007], [0011-0013], [0017], [0019-0021], [0024-0026], [0032-0033], [0035], [0038-0039], [0042-0044], [0047-0048], [0053], [0055-0058] for example discloses relevant subject-matter. More specifically, Courtnage in at least abstract, fig. 1-3, 5, [0011-0012], [0025], [0032], [0042-0043], [0047] for example discloses method of driving an bone problem treatment device 100 that is worn on a body joint of a user as shown in fig. 3. See at least Courtnage [0011-0012] “system that combines physical and logical elements that are capable of treating a wide variety of conditions to achieve the therapeutic benefits of light, heat, and/or electro-stimulation…system generally comprises energy sources, such as photon-emitting diodes (LEDs), laser diodes, and trans-cutaneous electrical stimulators”; [0025] “Various modalities that may be implemented … include bone problems”; [0032] “outer layer 104 is optionally cast to mirror a treatment area, such as … knee, … or foot.”; [0043] “In operation, the therapeutic benefit for a living body is obtained through selective or collective configuration of, and … simultaneous applications of, photon emissions and/or transcutaneous electrical stimulation using therapeutic systems”; [0047] “Customized braces … or customized casts may be configured for treatment of diseased… bones”), the method comprising:
generating light of a predetermined wavelength to the body joint in order to reduce inflammation at the body joint, and changing brightness of the light by means of a low-level laser generator (Courtnage in at least fig. 2-3, fig. 5, [0035], [0039], [0043]. See at least [0043] “therapeutic benefit for a living body is obtained through selective or collective configuration of, and separate or simultaneous applications of, photon emissions … photon emissions may include the utilization of singular or multiple wave lengths, the coherent or non-coherent nature of the photon emission, the amount of electrical current catalyzing the photon emission, the wave form(s) of the electrical current effecting photon emission, and the constant and/or interval frequency(s) of the photon emissions” );
applying current to muscles of the body joint to induce contraction and relaxation of the muscles of the body joint by means of an electric muscle stimulation generator (Courtnage in at least fig. 2-3, fig. 5, [0035], [0043]. See at least Courtnage [0043] “therapeutic benefit for a living body is obtained through selective or collective configuration of, and separate or simultaneous applications of… transcutaneous electrical stimulation using therapeutic systems … Alterations of the transcutaneous electrical stimulation may include the amount of (micro- or macro-) electrical current effecting trans-cutaneous stimulation, the wave form(s) of the electrical current effecting the trans-cutaneous stimulation, and/or the constant and/or interval frequency(s) of trans-cutaneous electrical stimulation”);
generating heat to the muscles around the body joint in order to generate flow of blood around the body joint by means of a heat generator (Courtnage in at least [0011], [0017]. See at least Courtnage [0017] “shapable housing may be formed of a heat conductive material to dissipate heat over the treatment area”); and
controlling the low-level laser generator, the electric muscle stimulation generator, and the heat generator in accordance with instructions from a user by means of a controller (Courtnage in at least fig. 2, [0019], [0021], [0039] , [0043]. See at least [0019] “control mechanism, such as a central processor (CPU) configured with program instructions, may be utilized for regulation of output from the energy sources”).
Courtnage does not explicitly disclose arthritis pain treatment using pulsed electromagnetic features.
However, in an analogous bone problem treatment device that is worn on a body joint of a user field of endeavor, Lee discloses a method of driving an arthritis pain treatment device that is worn on a body joint of a user (Lee in at least abstract, fig. 1, 2a, 4, 7a, 9c, 14b, [0009-0032], [0067], [0098-0135], [0158], [0193-0195], [0225-0296], [0348], [0352] for example discloses relevant subject-matter. More specifically, Lee in at least fig. 1, 2a, 4, fig. 14, [0009], [0020], [0030-0032], [0109], [0339] for example discloses arthritis pain treatment device 100 that is worn on a body joint of a user as shown in fig. 2a. See at least Lee [0009] “musculoskeletal disease treatment device … in a form wearable on a user's body part… providing at least one stimulation among magnetic field stimulation …toward the body part … wherein the body part may be a musculoskeletal part where muscle pain and/or arthritis occur”; [0339] “control method for a musculoskeletal disease treatment device”), the method comprising:
generating a magnetic field to the body joint to activate cells of the body joint, and changing polarity of the magnetic field by means of a pulsed electromagnetic generator (Lee at least fig. 7a, “13”, fig. 9c, fig. 14, [0067], [0098], [0132], [0158], [0193-0195], [0352]);
generating heat to the muscles around the body joint in order to generate flow of blood around the body joint by means of a heat generator (Lee in at least fig. 7a, fig. 14, [0030-0031], [0225], [0237-0240], [0250], [0352]. See Lee [0225] “thermal stimulation part (14b)”); and
controlling the pulsed electromagnetic generator and the heat generator in accordance with instructions from a user by means of a controller (Lee in at least fig. 1, “130”, fig. 14, [0026], [0099], [0117], [0249], [0348], [0352]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify method of driving an bone problem treatment device that is worn on a body joint of a user as taught by Courtnage, by further including pulsed electromagnetic energy treatment modality that treats and focuses on arthritis bone problem, as taught by Lee. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of extending and customizing musculoskeletal disease treatment particularly to treat arthritis (Lee, [0007]).
Contingently Allowable Subject-Matter
As per dependent claims 3-5, dependent claims 3-5 would be contingently allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
Additionally, as per dependent claims 3-5, dependent claims 3-5 is being objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
The following is a statement of reasons for the indication of allowable subject matter:
As per dependent Claim 3, none of the prior art discloses arthritis pain treatment device comprising: a pulsed electromagnetic generator that generates a magnetic field to the body joint …and changes polarity of the magnetic field… laser generator that generates light of a predetermined wavelength to the body joint …an electric muscle stimulation generator that applies current to muscles of the body joint … a heat generator that generates heat to the muscles around the body joint … and a controller that controls the pulsed electromagnetic generator, the low-level laser generator, the electric muscle stimulation generator, and the heat generator in accordance with instructions from a user…wherein one ferromagnetic plate that is disposed on a side of the ferromagnetic core and transmits magnetic force transmitted from the ferromagnetic core to a predetermined long distance; and another ferromagnetic plate that is disposed on another side of the ferromagnetic core and increases magnetic force of the one plate by connecting the pair of ferromagnetic cores including all of the limitations, features, combination and arrangement of features of their respective base claim and any intervening claims.
Prior art US 20110004261 A1 to Sham et al. discloses portable, non-invasive device for providing therapeutic treatment to a joint to promote healing of the joint includes a cuff positionable around the joint. The cuff includes an electromagnetic stimulator configured to provide an electromagnetic field within the joint and a single-use thermal exchange component configured to provide temperature-based therapy to the joint.
Prior art US 20200238098 A1 Chornenky et al. discloses a method, apparatus and a system for thermally-assisted pulsed electromagnetic field stimulation for treatment of osteoarthritis in the knee similar to that disclosed. More specifically, a multi-coil applicator is adapted for positioning around the knee. A first coil is positioned on the top of the knee and provides electric field stimulation in the plane of the patella to stimulate the patella cartilage. Second and third coils are rectangular coils wrapped up below and above the knee respectively. The coils in the wrapped position generate a magnetic field along the knee axis and provide high amplitude of the electric field stimulation of the femoral and tibial cartilages in the plane of tibial plateau. Resistive heaters and free wheel diodes can be provided to the applicator to supply uniform thermal stimulation around the knee joint.
Prior art US 20220347010 A1 to Kerth et al. discloses a wearable therapy device for providing vibration, heating, and electrical stimulation therapy similar to that disclosed. More specifically, a therapy device that includes a pad including an adhesive layer configured to adhere to a skin surface of a user. The therapy device can include a control unit coupled to the pad and configured to: provide temperature therapy to the skin surface of the user, and provide vibration therapy to the skin surface of the user.
However, none of the prior art discloses subject-matter of as in claim 3 i.e. arthritis pain treatment device comprising: a pulsed electromagnetic generator that generates a magnetic field to the body joint …and changes polarity of the magnetic field… laser generator that generates light of a predetermined wavelength to the body joint …an electric muscle stimulation generator that applies current to muscles of the body joint … a heat generator that generates heat to the muscles around the body joint … and a controller that controls the pulsed electromagnetic generator, the low-level laser generator, the electric muscle stimulation generator, and the heat generator in accordance with instructions from a user…wherein one ferromagnetic plate that is disposed on a side of the ferromagnetic core and transmits magnetic force transmitted from the ferromagnetic core to a predetermined long distance; and another ferromagnetic plate that is disposed on another side of the ferromagnetic core and increases magnetic force of the one plate by connecting the pair of ferromagnetic cores including all of the limitations, features, combination and arrangement of features of their respective base claim and any intervening claims.
Additionally, as per dependent claims 4-5, dependent claims 4-5 would be contingently allowable based on their direct/indirect dependency on contingently allowable respective base claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20130116612 A1 to Stephan discloses wearable light therapy apparatus similar to that claimed and disclosed. More specifically, a device that includes optical rods which transmit light exteriorly of their length are coupled to one or more lasers at ends. The optical rods are mounted on various carriers or as part of an optical bandage to provide therapeutic light to a portion of a human body. The lasers may be activated at various times in a 24-hour period, while the optical rods are worn by a user.
Prior art US 20110021863 A1 to Burnett et al. discloses wearable energy emitting system for providing a medical therapy via conductive coils configured to generate a magnetic field focused on a target similar to that disclosed and claimed. More specifically, an energy emitting apparatus for providing a medical therapy that includes one or more energy generators, a logic controller connected to the one or more energy generators, and one or more sensors that are connected to the logic controller for detecting muscle stimulation or electric conduction in a target nerve. In certain embodiments, the energy emitting apparatus includes one or more conductive coils that produce a magnetic field focused on the target nerve upon receiving an electric current.
Prior art US 20140024882 A1 to Chornenky et al. discloses wearable thermally assisted pulsed electromagnetic field therapy apparatus for treating osteoarthritis similar to that disclosed. More specifically, Chornenky discloses thermally assisted pulsed electromagnetic field therapy apparatus for treating osteoarthritis including a wearable applicator; a plurality of electromagnetic coils provided to the applicator and configured to generate an electric field and a magnetic field, a switching board functionally connected to the plurality of electromagnetic coils, the switching board configured to activate the plurality of electromagnetic coils in a predetermined sequence; a processor functionally connected to the switching board; and a power source electrically connected to the switching board.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000
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) Form at http://www.uspto.gov/interviewpractice.
/SUNITA REDDY/Primary Examiner, Art Unit 3791
Prosecution Insights