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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 01/04/2024. It is noted, however, that applicant has not filed a certified copy of the CN 202410390276.9 application as required by 37 CFR 1.55.
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.
Claim(s) 1-3 and 6-9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by CN 114748797 Yang et al., hereinafter “Yang”.
Regarding claim 1, Yang discloses an electric stimulation massager (Para 18, beauty device with electrical stimulation massage, see also Figure 2), comprising:
a pulse output portion configured to output an electrical pulse (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52, see also Para 58 “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent”), wherein the pulse output portion comprises a plurality of electrical connection terminals (Para 48; “Each electrode and the colored light array 20 are electrically connected to the control module” this clearly shows that every electrode has its own electrical connection terminal to the control unit);
a base body (Figure 2, the body of the device shown);
a plurality of electrode groups disposed on one side of the base body (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52; electrodes disposed on the top side), wherein each of the plurality of electrode groups comprises at least one electrode (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52; this recitation is claiming that every group can be formed of one electrode, therefore examiner interprets that every electrode is its own group) electrically connected to a same electrical connection terminal among the plurality of electrical connection terminals (Para 58, every electrode is electrically connected to the control unit), and the plurality of electrode groups are spaced apart from one another and arranged in a loop (See figure 2, every electrode shown L, UL, UR, R, DR, DL, and M is spaced apart from one another and disposed in a loop); and
a controller (Para 48; control module 10) configured to form conduction of at least two electrical connection terminals among the plurality of electrical connection terminals of the pulse output portion (Para 48-49 and 51; the control module controls electrode pairs, therefore two terminals at a time and energizes them), to enable the at least two electrical connection terminals to be in electrical conduction with a human body through corresponding electrode groups to perform electric stimulation massage on the human body (This is an intended use limitation; Para 51 and 18); and
wherein the controller is further configured to control the pulse output portion to switch conduction of the plurality of electrical connection terminals in a preset sequence (Para 50-51 and 56), to sequentially conduct the plurality of electrode groups in a clockwise or counterclockwise direction to perform a circular massage on the human body (This is an intended use limitation; Refer to Para 58 and Figure 2, the stimulation pattern described shows a clockwise circular massage).
Regarding claim 2, Yang discloses at least two electrode groups among the plurality of electrode groups are simultaneously conducted (Para 50-51 and 56; a pair is conducted simultaneously), wherein at least two electrode groups conducted at an earlier time (Para 56; group formed of central electrode M and peripheral electrode UL at a first preset duration) and at least two electrode groups conducted later in sequence share at least one same electrode group (Para 56; peripheral electrode UL and another peripheral electrode UR at a second preset duration, wherein the first duration and the second duration both share electrode UL).
Regarding claim 3, Yang discloses the controller is further configured to control the pulse output portion to output the electrical pulse through at least one electrical connection terminal among the plurality of electrical connection terminals (Refer first to Para 58 that discloses “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent.” Para 66 describes this connection and discloses that the drain terminal, i.e. the negative terminal outputs voltage) and to control at least one electrical connection terminal among the plurality of electrical connection terminals to be grounded, to enable at least two electrical connection terminals to be in electrical conduction with one another (Para 66 discloses that the positive terminal, i.e. the source electrode is grounded, by grounding one of the positive or negative electrodes, they are now in electrical conduction with one another).
Regarding claim 6, Yang discloses among the at least two electrical connection terminals that are in electrical conduction with one another, a number of electrodes connected to the at least one electrical connection terminal through which the electrical pulse is outputted is equal to a number of electrodes connected to the at least one electrical connection terminal that is grounded (Refer first to Para 58 that discloses “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent.” Para 66 describes this connection and discloses that the drain terminal, i.e. the negative terminal outputs voltage and the positive electrode is the source that is grounded, therefore one is output and one is grounded making them equal).
Regarding claim 7, Yang discloses an operation process of the electric stimulation massager comprises an initial phase (Para 56; a first preset duration) and an intermediate phase (Para 56; a second preset duration), wherein at least one electrode group connected to the at least one electrical connection terminal through which the electrical pulse is outputted serves as at least one output electrode group, and at least one electrode group connected to the at least one electrical connection terminal that is grounded serves as at least one input electrode group (Refer first to Para 58 that discloses “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent.” Para 66 describes this connection and discloses that the drain terminal, i.e. the negative terminal outputs voltage and the positive electrode is the source that is grounded and input, therefore one is output and one is grounded making them equal); in the initial phase, a distance between any one output electrode group among the at least one output electrode group and any one input electrode group among the at least one input electrode group that are simultaneously conducted is less than a preset distance (See Figure 2; the distance between UL and M can be less than a preset distance, under BRI “preset distance” is not specified); and in the intermediate phase, a distance between the at least one output electrode group and the at least one input electrode group that are simultaneously conducted is greater than the preset distance (See Figure 2; the distance between UL and UR can be greater than a preset distance, under BRI “preset distance” is not specified).
Regarding claim 8, Yang discloses the controller is configured to control the plurality of electrical connection terminals to be conducted sequentially at an interval ranging from 50 ms to 500 ms (Para 56; an interval here is not defined an interval under BRI can mean the entire sequence running through at an interval, examiner is interpreting interval to mean two sequential sequences. If ran through twice (which is possible “and so on…”), the interval in Para 56 adds up to 360 ms which is in this range, examiner suggests defining the interval).
Regarding claim 9, Yang discloses the controller is configured to control the plurality of electrical connection terminals to be conducted sequentially at an interval ranging from 200 ms to 400 ms (Para 56; an interval here is not defined an interval under BRI can mean the entire sequence running through at an interval, examiner is interpreting interval to mean two sequential sequences. If ran through twice (which is possible “and so on…”), the interval in Para 56 adds up to 360 ms which is in this range, examiner suggests defining the interval).
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.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over CN 114748797 Yang et al., hereinafter “Yang”, in view of KR 102295849 Seo et al., hereinafter “Seo”.
Regarding claim 4, Yang discloses all the limitations of claim 3.
Yang does not disclose among the at least two electrical connection terminals that are in electrical conduction with one another, a number of electrodes connected to the at least one electrical connection terminal through which the electrical pulse is outputted is less than a number of electrodes connected to the at least one electrical connection terminal that is grounded.
However, Seo discloses an electrical massaging device (Para 1) and teaches among the at least two electrical connection terminals that are in electrical conduction with one another, a number of electrodes connected to the at least one electrical connection terminal through which the electrical pulse is outputted is less than a number of electrodes connected to the at least one electrical connection terminal that is grounded (Figure 1 shows electrodes 131 and grounding terminal 120; when a user’s hand is placed on the device all electrodes 131 are in a grounded connection, see Para 34; Now refer to Para 55 that states a user can control electrical stimulation to only a single finger, therefore the number of electrodes that are outputting electrical pulses (electrode of one finger) in this scenario is less than the number of electrodes connected to ground (being all 5 electrodes)…1<5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed grounding all electrodes and applying stimulation only to some as taught by Seo, in the invention of Yang, in order to allow the device to remain grounded when contacting the user (Seo; Para 78).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over CN 114748797 Yang et al., hereinafter “Yang”, in view of KR 102295849 Seo et al., hereinafter “Seo”, further in view of CA 3018037 GIROUARD et al., hereinafter “Girouard”.
Regarding claim 5, Yang discloses each of the plurality of electrode groups comprises the same number of electrodes (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52; every group can be formed of one electrode, therefore examiner interprets that every electrode is its own group, therefore all groups having the same number of electrodes), the controller is configured to control the pulse output portion to output the electrical pulse through one electrical connection terminal among the plurality of electrical connection terminals and to control two electrical connection terminals among the plurality of electrical connection terminals to be grounded (Para 66 discloses that the positive terminal, i.e. the source electrode is grounded, by grounding one of the positive or negative electrodes, they are now in electrical conduction with one another and are therefore both grounded; the negative electrode acts as the output electrode for stimulation).
Yang does not disclose each of the at least one electrode of each of the plurality of electrode groups has an area ranging from 1500 mm2 to 2500 mm2.
However, Girouard discloses an electrical massager (Abstract and Page 39, lines 5-8) and teaches each of the at least one electrode of each of the plurality of electrode groups has an area ranging from 1500 mm2 to 2500 mm2 (Page 39, lines 31-32 discloses that the electrode can have a length of 5 cm, therefore 50 mm Page 40, lines 4-8 disclose that the electrode can have a width of 5 cm, therefore 50 mm… This forms an area of 2500 mm2).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a specific electrode area as taught by Girouard, in the invention of Yang, in order to be best sized for an individual (Girouard; Page 39, lines 29-30).
Claim(s) 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over CN 114748797 Yang et al., hereinafter “Yang”, in view of CN 207836804 Zhang et al., hereinafter “Zhang”.
Regarding claim 10, Yang discloses all the limitations of claim 1.
Yang does not disclose an envelope waveform of the electrical pulse comprises a sine waveform, a triangular waveform, or a trapezoidal waveform.
However, Zhang discloses an electrical massager (Para 5 and 13) and teaches an envelope waveform of the electrical pulse comprises a sine waveform, a triangular waveform, or a trapezoidal waveform (Para 24).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a specific waveform as taught by Zhang, in the invention of Yang, in order to apply different modes of massage (Zhang; Para 56).
Regarding claim 11, Yang discloses all the limitations of claim 1.
Yang does not disclose a frequency of the electrical pulse ranges from 1 kHz to 6 kHz, and a pulse width of the electrical pulse ranges from 40 µs to 250 µs.
However, Zhang discloses an electrical massager (Para 5 and 13) and teaches a frequency of the electrical pulse ranges from 1 kHz to 6 kHz (Para 56, examiner selects frequency 1000 Hz-1200 Hz, equivalent to 1-1.2KHz), and a pulse width of the electrical pulse ranges from 40 µs to 250 µs (Para 56, examiner selects pulse width 40 µs to 250 µs).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed specific waveform parameters as taught by Zhang, in the invention of Yang, in order to apply different modes of massage (Zhang; Para 56).
Claim(s) 12-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 114748797 Yang et al., hereinafter “Yang”, in view of CN 207836804 Zhang et al., hereinafter “Zhang”.
Regarding claim 12, Yang discloses each of the at least one electrode of each of the plurality of electrode groups is strip-shaped (See Figure 2, elements L, UL, UR, R, DR, DL are all strip-shaped)
Yang does not disclose the electric stimulation massager is operable to be connected to a strap, and an included angle between a longitudinal direction of each of the at least one electrode of each of the plurality of electrode groups and a longitudinal direction of the strap ranges from 30 degrees to 60 degrees.
However, Bak discloses an electrical massager (Para 1) and teaches the electric stimulation massager (Figure 1, electrodes 20) is operable to be connected to a strap (Figure 1, element 10), and an included angle between a longitudinal direction of each of the at least one electrode of each of the plurality of electrode groups and a longitudinal direction of the strap ranges from 30 degrees to 60 degrees (Figure 1 shows 2 of elements 20, the top and bottom at 30 degrees).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a strap with angled electrodes as taught by Bak, in the invention of Yang, in order to allow the device to wrap around the waist of a user (Bak; Para 7).
Regarding claim 13, Yang discloses the electrode is strip- shaped (See Figure 2, elements L, UL, UR, R, DR, DL are all strip-shaped).
Yang does not disclose in each two adjacent electrode groups among the plurality of electrode groups, an included angle between a longitudinal direction of an electrode in one electrode group and a longitudinal direction of an electrode in another electrode group ranges from 60 degrees to 90 degrees (Figure 1 shows 2 of elements 20, middle left electrode at 90 degrees).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a strap with angled electrodes as taught by Bak, in the invention of Yang, in order to allow the device to wrap around the waist of a user (Bak; Para 7).
Regarding claim 14, Yang discloses an electric stimulation massaging device (Para 18, beauty device with electrical stimulation massage, see also Figure 2), comprising:
a pulse output portion configured to output an electrical pulse (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52, see also Para 58 “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent”), wherein the pulse output portion comprises a plurality of electrical connection terminals (Para 48; “Each electrode and the colored light array 20 are electrically connected to the control module” this clearly shows that every electrode has its own electrical connection terminal to the control unit);
a base body (Figure 2, the body of the device shown);
a plurality of electrode groups disposed on one side of the base body (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52; electrodes disposed on the top side), wherein each of the plurality of electrode groups comprises at least one electrode (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52; this recitation is claiming that every group can be formed of one electrode, therefore examiner interprets that every electrode is its own group) electrically connected to a same electrical connection terminal among the plurality of electrical connection terminals (Para 58, every electrode is electrically connected to the control unit), and the plurality of electrode groups are spaced apart from one another and arranged in a loop (See figure 2, every electrode shown L, UL, UR, R, DR, DL, and M is spaced apart from one another and disposed in a loop); and
a controller (Para 48; control module 10) configured to form conduction of at least two electrical connection terminals among the plurality of electrical connection terminals of the pulse output portion (Para 48-49 and 51; the control module controls electrode pairs, therefore two terminals at a time and energizes them), to enable the at least two electrical connection terminals to be in electrical conduction with a human body through corresponding electrode groups to perform electric stimulation massage on the human body (This is an intended use limitation; Para 51 and 18); and
wherein the controller is further configured to control the pulse output portion to switch conduction of the plurality of electrical connection terminals in a preset sequence (Para 50-51 and 56), to sequentially conduct the plurality of electrode groups in a clockwise or counterclockwise direction to perform a circular massage on the human body (This is an intended use limitation; Refer to Para 58 and Figure 2, the stimulation pattern described shows a clockwise circular massage).
Yang does not disclose a strap and an electric stimulation massager connected to the strap.
However, Bak discloses an electrical massager (Para 1) and teaches a strap (Figure 1, element 10) and an electric stimulation massager connected to the strap (Figure 1, electrodes 20, connected to 10).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a strap as taught by Bak, in the invention of Yang, in order to allow the device to wrap around the waist of a user (Bak; Para 7).
Regarding claim 15, Yang discloses all the limitations of claim 14.
Yang does not disclose the electric stimulation massaging device is a waist massaging device, wherein the plurality of electrode groups are arranged in two loops, spaced apart from one another, and arranged to correspond to an erector spinae and a quadratus lumborum of the human body, to perform a circular massage on the erector spinae and the quadratus lumborum on both sides of the human body.
However, Bak teaches the electric stimulation massaging device is a waist massaging device (Para 7 and 30), wherein the plurality of electrode groups are arranged in two loops (Figure 1, loop on the left side and loop on the right side), spaced apart from one another (Figure 1, spaced and separated by elements 30), and arranged to correspond to an erector spinae and a quadratus lumborum of the human body, to perform a circular massage on the erector spinae and the quadratus lumborum on both sides of the human body (These limitations are intended use, examiner takes a position that by stimulating the waist, Para 7 and 30, these areas are getting stimulated, the electrodes are placed in a loop, therefore performing a circular massage).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a strap with two loops as taught by Bak, in the invention of Yang, in order to allow the device to wrap around the waist of a user and treat a specific location (Bak; Para 7).
Regarding claim 16, Yang discloses at least two electrode groups among the plurality of electrode groups are simultaneously conducted (Para 50-51 and 56; a pair is conducted simultaneously), wherein at least two electrode groups conducted at an earlier time (Para 56; group formed of central electrode M and peripheral electrode UL at a first preset duration) and at least two electrode groups conducted later in sequence share at least one same electrode group (Para 56; peripheral electrode UL and another peripheral electrode UR at a second preset duration, wherein the first duration and the second duration both share electrode UL).
Regarding claim 17, Yang discloses the controller is further configured to control the pulse output portion to output the electrical pulse through at least one electrical connection terminal among the plurality of electrical connection terminals (Refer first to Para 58 that discloses “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent.” Para 66 describes this connection and discloses that the drain terminal, i.e. the negative terminal outputs voltage) and to control at least one electrical connection terminal among the plurality of electrical connection terminals to be grounded, to enable at least two electrical connection terminals to be in electrical conduction with one another (Para 66 discloses that the positive terminal, i.e. the source electrode is grounded, by grounding one of the positive or negative electrodes, they are now in electrical conduction with one another).
Regarding claim 20, Yang discloses among the at least two electrical connection terminals that are in electrical conduction with one another, a number of electrodes connected to the at least one electrical connection terminal through which the electrical pulse is outputted is equal to a number of electrodes connected to the at least one electrical connection terminal that is grounded (Refer first to Para 58 that discloses “The control module, according to the third function command, makes one part of the electrodes positive and the other part negative to form an electrode pair, and makes the electrode pair output muscle electrical stimulation microcurrent.” Para 66 describes this connection and discloses that the drain terminal, i.e. the negative terminal outputs voltage and the positive electrode is the source that is grounded, therefore one is output and one is grounded making them equal).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over CN 114748797 Yang et al., hereinafter “Yang”, in view of CN 207836804 Zhang et al., hereinafter “Zhang”, further in view of KR 102295849 Seo et al., hereinafter “Seo”.
Regarding claim 18, Yang discloses all the limitations of claim 17.
Yang does not disclose among the at least two electrical connection terminals that are in electrical conduction with one another, a number of electrodes connected to the at least one electrical connection terminal through which the electrical pulse is outputted is less than a number of electrodes connected to the at least one electrical connection terminal that is grounded.
However, Seo discloses an electrical massaging device (Para 1) and teaches among the at least two electrical connection terminals that are in electrical conduction with one another, a number of electrodes connected to the at least one electrical connection terminal through which the electrical pulse is outputted is less than a number of electrodes connected to the at least one electrical connection terminal that is grounded (Figure 1 shows electrodes 131 and grounding terminal 120; when a user’s hand is placed on the device all electrodes 131 are in a grounded connection, see Para 34; Now refer to Para 55 that states a user can control electrical stimulation to only a single finger, therefore the number of electrodes that are outputting electrical pulses (electrode of one finger) in this scenario is less than the number of electrodes connected to ground (being all 5 electrodes)…1<5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed grounding all electrodes and applying stimulation only to some as taught by Seo, in the invention of Yang, in order to allow the device to remain grounded when contacting the user (Seo; Para 78).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over CN 114748797 Yang et al., hereinafter “Yang”, in view of CN 207836804 Zhang et al., hereinafter “Zhang”, further in view of KR 102295849 Seo et al., hereinafter “Seo”, further in view of CA 3018037 GIROUARD et al., hereinafter “Girouard”.
Regarding claim 19, Yang discloses each of the plurality of electrode groups comprises the same number of electrodes (Figure 2, electrodes L, UL, UR, R, DR, DL, and M, Para 52; every group can be formed of one electrode, therefore examiner interprets that every electrode is its own group, therefore all groups having the same number of electrodes), the controller is configured to control the pulse output portion to output the electrical pulse through one electrical connection terminal among the plurality of electrical connection terminals and to control two electrical connection terminals among the plurality of electrical connection terminals to be grounded (Para 66 discloses that the positive terminal, i.e. the source electrode is grounded, by grounding one of the positive or negative electrodes, they are now in electrical conduction with one another and are therefore both grounded; the negative electrode acts as the output electrode for stimulation).
Yang does not disclose each of the at least one electrode of each of the plurality of electrode groups has an area ranging from 1500 mm2 to 2500 mm2.
However, Girouard discloses an electrical massager (Abstract and Page 39, lines 5-8) and teaches each of the at least one electrode of each of the plurality of electrode groups has an area ranging from 1500 mm2 to 2500 mm2 (Page 39, lines 31-32 discloses that the electrode can have a length of 5 cm, therefore 50 mm Page 40, lines 4-8 disclose that the electrode can have a width of 5 cm, therefore 50 mm… This forms an area of 2500 mm2).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a specific electrode area as taught by Girouard, in the invention of Yang, in order to be best sized for an individual (Girouard; Page 39, lines 29-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
