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 .
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 1-15 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 1 recites the limitation "the wave form data of vibration modes" in line 6. There is insufficient antecedent basis for this limitation in the claim. Also, it is unclear what this limitation structurally means. Claims 2-15 are rejected for the same reasons as claim 1 by virtue of dependency on claim 1.
Claim 1 recites the limitation "the original vibration time-domain waveform data of acupuncture techniques” in lined 11-12. There is insufficient antecedent basis for this limitation in the claim. Also, it is unclear what this limitation structurally means. Claims 2-15 are rejected for the same reasons as claim 1 by virtue of dependency on claim 1.
Claim 1 recites the limitation "the synthesized vibration time-domain waveform data of simulating acupuncture techniques” in lines 17-18. Also, it is unclear what this limitation structurally means. There is insufficient antecedent basis for this limitation in the claim. Claims 2-15 are rejected for the same reasons as claim 1 by virtue of dependency on claim 1.
Claim 1 recites the limitation "the first pressure parameter” in line 24. There is insufficient antecedent basis for this limitation in the claim. Claims 2-15 are rejected for the same reasons as claim 1 by virtue of dependency on claim 1
Claim 1 recites the limitation "PCM waveform sequence data” in line 15. It is unclear what PCM means. Claims 2-15 are rejected for the same reasons as claim 1 by virtue of dependency on claim 1.
Claim Rejections - 35 USC § 102
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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2023/0310268).
Regarding claim 1, an invention relating to a vibrational massaging device, Wang discloses (Fig. 1) a control device (101) of a shallow acupuncture instrument (102; Par. 0106), wherein the shallow acupuncture instrument further includes a vibration device [Note, the shallow acupuncture instrument is not positively recited and therefore is not considered part of the claimed invention and will be treated as functional language], the control device includes a microcontroller (1012) and a power amplifier circuit (1013), wherein the microcontroller is connected with the power amplifier circuit (Par. 0091); the microcontroller is used to process waveforms based on vibration parameters acquired from external inputs, obtain the waveform data of vibration modes, and transmit the obtained waveform data to the power amplifier circuit; the waveform data of vibration modes include: original vibration time-domain waveforms of shallow-needle acupuncture techniques, and synthesized vibration time-domain waveforms of simulating shallow-needle acupuncture techniques, wherein the original vibration time-domain waveform data of acupuncture techniques are the waveform data of the shallow-needle acupuncture techniques of TCM practitioners which are time-domain waveform amplitude data obtained through sampling procedures performed at a fixed sampling rate, the microcontroller reads the waveform amplitude data, and generates PCM waveform sequence data that replicate the shallow- needle acupuncture techniques of TCM practitioners, wherein the synthesized vibration time-domain waveform data of simulating acupuncture techniques is generated through low-frequency modulation of amplitude of intermediate-frequency wave, the frequency of intermediate-frequency sinusoidal wave is a first preset threshold value, or the frequency of the low-frequency half-sinusoidal wave is a second preset threshold value, the configuration script data of the synthesized waveforms in the control device of the shallow acupuncture instrument is used to generate the PCM waveform sequence data of simulating shallow-needle acupuncture techniques; when the first pressure parameter acquired by the vibration device reaches the preset working threshold, the power amplifier circuit drives the vibration device to vibrate after amplifying the waveform data of vibration modes; the vibration parameters acquired from external inputs are obtained in the following way: acquiring vibration signals of external shallow-needle acupuncture techniques, analyzing and processing the vibration signals to obtain the vibration parameters, wherein the vibration signals are acceleration vibration signals along the direction of three axes; and the microcontroller is used to collect a second pressure parameter of external shallow- needle acupuncture techniques, process waveforms based on the second pressure parameter, obtain the pressing-pressure waveform data, and provide a pressing-pressure threshold value for the vibration device of the shallow acupuncture instrument (Par. 0091-0094, 0105-0107, 0132).
Regarding claim 2, Wang discloses the control device according to claim 1. Wang further discloses (Fig. 18) wherein the control device further includes a pressure detection circuit (193) that is connected to the microcontroller; the pressure detection circuit is used for calculating the pressure value of the first pressure parameter acquired by the vibration device and transmitting the pressure value to the microcontroller; and the microcontroller controls the startup and shutdown of the vibration device according to the relationship between the pressure value and the preset working threshold value of the vibration device (Par. 0105 & 0181-0183).
Regarding claim 3, Wang discloses the control device according to claim 1. Wang further discloses wherein both the original vibration time-domain waveforms of shallow-needle acupuncture techniques and the synthesized vibration time-domain waveforms of simulating shallow-needle acupuncture techniques include the reinforcing acupuncture waveform data, the reducing acupuncture waveform data, and the even reinforcing-reducing acupuncture waveform data, which correspond to waveforms of the reinforcing acupuncture method, reducing acupuncture method, and even reinforcing-reducing acupuncture method, respectively (Par. 0132).
Regarding claim 4, Wang discloses the control device according to claim 1. Wang further discloses wherein the control device further includes a storage module, a USB interface, an indicator light, and a button which are all connected to the microcontroller; the USB interface is used to import externally inputted vibration parameters and second pressure parameters into the storage module, and to provide a charging interface for the control device; the storage module is used for receiving the vibration parameters and the second pressure parameters imported via the USB interface and transmitting the vibration parameters and the second pressure parameters into the microcontroller; the indicator light is used for displaying the working status of the shallow acupuncture instrument; and the button is used for selecting the vibration mode of the vibration device (Par. 0136-0138).
Regarding claim 5, Wang discloses the control device according to claim 1. Wang further discloses wherein the control device further includes a wireless communication module which is connected to the microcontroller and used to provide wireless communication signals to the control device (Par. 0246).
Regarding claim 6, Wang discloses a shallow acupuncture instrument, comprising a vibration device and a control device as claimed in claim 1, wherein the control device is electrically connected to the vibration device; the control device is used to process waveforms based on vibration parameters acquired from external inputs, and obtain the waveform data of vibration modes; when the first pressure parameter acquired by the vibration device reaches the preset working threshold of the vibration device, the control device drives the vibration device to vibrate after amplifying the waveform data of vibration modes (Par. 0105-0107 & 0132).
Regarding claim 7, Wang discloses the shallow acupuncture instrument according to claim 6. Wang further discloses wherein the vibrating device of the shallow acupuncture instrument includes a vibrating head and a vibration generation component; the first end of the vibrating head is connected to the vibration generation component, and the second end of the vibrating head is contacting acupuncture recipient; the vibration generation component is used to generate vibration according to the waveform data of vibration modes which is amplified by the power amplifier circuit of the control device, to drive the vibrating head to vibrate (Par. 0105-0107 & 0140-0143).
Regarding claim 8, Wang discloses the shallow acupuncture instrument according to claim 7. Wang further discloses (Fig. 18) wherein the vibration device further includes a pressure sensor (193) which is connected to the pressure detection circuit of the control device; the pressure sensor is used for obtaining the first pressure parameter applied by the vibrating head to acupuncture recipient when the vibration device is not in operation, and then transmitting the first pressure parameter to the pressure detection circuit of the control device; the pressure detection circuit is used to calculate the pressure value of the first pressure parameter applied by the vibrating head to acupuncture recipient when the vibration device is not in operation, and then transmit the pressure value to the microcontroller of the control device; and the microcontroller controls the startup and shutdown of the vibration device according to the relationship between the pressure value and the preset working threshold value of the vibration device (Par. 0093, 0105 & 0181-0183).
Regarding claim 9, Wang discloses the shallow acupuncture instrument according to claim 6. Wang further discloses wherein the control device and the vibration device are of integrated design (Par. 0105, 0107, 0132).
Regarding claim 10, Wang discloses a system for simulating the features of shallow-needle acupuncture techniques, wherein the system includes an acquisition device [i.e. storage medium] and the shallow acupuncture instrument according to claim 6; the acquisition device is electrically connected to the control device; the acquisition device is used for acquiring vibration parameters of shallow-needle acupuncture techniques; the control device is used to process waveforms based on vibration parameters, and obtain the waveform data of vibration modes; when the first pressure parameter acquired by the vibration device reaches the preset working threshold of the vibration device, the control device drives the vibration device to vibrate after amplifying the waveform data of vibration modes (Par. 0132, 0136-0138 & 0234-0236).
Regarding claim 11, Wang discloses the system according to claim 10. Wang further discloses wherein the acquisition device is used for acquiring the second pressure parameter of external shallow-needle acupuncture techniques and transmitting the second pressure parameter to the control device (Par. 0132, 0136-0138 & 0234-0236).
Regarding claim 12, Wang discloses the system according to claim 11. Wang further discloses wherein the acquisition device includes a vibration signal acquisition module, a pressing-pressure signal acquisition module and a data processing module; both the vibration signal acquisition module and the pressing- pressure signal acquisition module are connected to the data processing module; and the results of the data processing module are transmitted to the control device; the vibration signal acquisition module is used to acquire vibration signals of external shallow-needle acupuncture techniques and transmit the vibration signals which are three- axis acceleration vibration signals to the data processing module; the pressing-pressure signal acquisition module is used to acquire pressure signals of external shallow-needle acupuncture techniques and transmit the pressing-pressure signals to the data processing module; the data processing module receives vibration signals and pressing-pressure signals, and analyzes and processes vibration signals and pressure signals, respectively, to obtain the vibration parameter and the second pressure parameter, and to transmit the vibration parameter and the second pressure parameter to the control device; the control device is further used to process waveforms based on the second pressure parameter, obtain the pressing-pressure waveform data, and provide a pressing-pressure threshold value for the vibration device during vibration (Par. 0132 & 0181-0183).
Regarding claim 13, Wang discloses a method for simulating the features of shallow-needle acupuncture techniques. Wang further discloses wherein the method is applied to the system for simulating the features of shallow-needle acupuncture techniques according to claim 10; the method includes: acquiring vibration parameters of external shallow-needle acupuncture techniques; processing waveforms based on the acquired vibration parameters to obtain waveform data of vibration modes; driving the vibration device to vibrate after amplifying the waveform data of vibration modes when the first pressure parameter acquired by the vibration device reaches the preset working threshold of the vibration device (Par. 0095, 0120, 0132).
Regarding claim 14, Wang discloses a computer device, comprising a memory and a processor which are communicatively connected, wherein computer instructions are stored in the memory, and the processor executes the method of simulating the features of shallow-needle acupuncture techniques according to claim 13 by executing the computer instructions (Par. 0133).
Regarding claim 15, Wang discloses a computer-readable storage medium, wherein computer instructions are stored on the computer-readable storage medium and used to enable the computer to execute the method of simulating the features of shallow-needle acupuncture techniques according to claim 13 (Par. 0133-0138).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 May 20, 2026
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