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 .
Specification
The disclosure is objected to because of the following informalities:
In Para 29, “the glass plate 123” should read “the glass plate 104”, to be consistent with the drawings and specification.
In Para 26, “fourth diode 117D is connected to the cathode of the third diode 117B” should read “third diode 117C”.
Appropriate correction is required.
Claim Objections
Claim 7, 9, 11, and 18-20 is/are objected to because of the following informalities:
In Claim 7, line 5-9, subsequent recitation of “a first frequency … a second frequency … a third frequency” should read “the/said first frequency … the/said second frequency … the/said third frequency”.
In Claim 9, “the current amplifier” lacks proper antecedents. The claim introduces “an amplifier” earlier, however it is unclear if the later recitation of “the current amplifier” is the same or introduction of another limitation.
In Claim 9, “a voltage” should read “the voltage”.
In Claim 9, line 16, “the envelop of the …” lacks proper antecedents. It is unclear if this is the same limitation of “envelope frequency” in line 15, or a new/different limitation, as “envelop frequency” is not same as “envelop”.
In Claim 11, “of external contact” lacks sufficient antecedent basis.
In Claim 11, line 4, “controller being configured to cause” lacks sufficient antecedent basis, should read “the controller being configured to cause”.
In Claim 18 and 19, “the connection frequency” should read “the predetermined connection frequency”.
In Claim 20, “wherein electrical circuit” lacks proper antecedents, should read “wherein the electrical circuit”.
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.
Claim 2-3 and 18 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 2 recites, “the frequency of the electrical signal is less than or equal to about 10 Hz …”. The scope of the claim is unclear because the claim also recite the narrow recitation that "between about 3 Hz and 5 Hz" and subsequently the broad recitation that "between about 10 Hz and 20 Hz, between about 40 Hz and 50 Hz …", it is unclear whether broad range/limitation is actually required. If applicant is intending to claim the narrower limitations, there is no reason to also claim the broader limitation or vice versa.
Claim 3 recites, “the frequency of the electrical signal is about 3.8 Hz …”. The scope of the claim is unclear because the claim recite the narrow recitation followed by the broad recitation that "about 3.8 Hz, about 6 Hz, about 14 Hz, about 44 Hz …", it is unclear whether broad range/limitation is actually required. If applicant is intending to claim the narrower limitations, there is no reason to also claim the broader limitation or vice versa.
Claim 18 recites, “the connection frequency is less than or equal to about 10 Hz …”. The scope of the claim is unclear because the claim also recite the narrow recitation that "between about 3 Hz and 5 Hz" and subsequently the broad recitation that "between about 10 Hz and 20 Hz, between about 40 Hz and 50 Hz …", it is unclear whether broad range/limitation is actually required. If applicant is intending to claim the narrower limitations, there is no reason to also claim the broader limitation or vice versa.
Claim 2-3, and 18 recites, “the frequency of the electrical signal … or any combination thereof”, is inconsistent with the singular “frequency”. An electrical signal recited as having a frequency cannot simultaneously have a frequency “combination” (for e.g., 3.8 Hz and 984 Hz). The term “any combination thereof” makes the claim metes and bound unclear.
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.
Claim(s) 1-3, 5, 10-11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200171305 A1 to Young et al. (hereinafter “Young”).
Regarding Claim 1, Young discloses a system (see Abstract: “electrical stimulation device”) comprising: a housing (see Para 40: “the portable electrical stimulation device 100 can be embodied as a portable device comprising a user interface 225, a stand 103, and one or more connection ports (not illustrated) configured to be connected to external components and/or devices … can have different structures, shapes, and/or user interfaces …”; and Para 44, Fig.1A (“housing” is any enclosed/casing; portable device has one with necessary internal circuitry; closed rectangular enclosed carrier));
an electrical circuit disposed at least partially within the housing (see Para 44-45: “portable electrical stimulation device 100 includes a microcontroller 205 … a memory 210, an electrode interface module 220, a graphical user interface 225 … a DC power source management module 240, LEDs 245 … electrode interface module 220 includes an electrode feedback module 221 and a wave generator 223 … wave generator 223 is configured to generate an electrical signal to be provided to the user 110 via the electrodes 105” (205, 223, and other components of device 100 are inside the encloser)), the electrical circuit being configured to generate an electrical signal having a frequency of less than 1,000 Hz (see Para 58-59: “for each of the levels: the frequency can be in a range of about 50 Hz to about 500 Hz”; also Table 1), and a voltage of at least 100 volts (see Para 58-59: “peak voltage can be in a range of about 60 V to about 200 V, about 70 V to about 180 V, or about 80 V to about 160 V, or any other voltage ranges within the range of about 50 V to about 250 V”; also Table 1); and
an output element electrically coupled to the electrical circuit and configured to output the electrical signal (see Para 45: “the wave generator 223 is configured to generate an electrical signal to be provided to the user 110 via the electrodes 105”; and Para 49: “output the electrical signal to the electrodes 105 via a high electrode port 380 and a low electrode port 385”’; Para 42: “the portable electrical stimulation device 100 and the electrodes 105 can be wired or wireless …”).
Regarding Claim 2 and 3, Young further discloses the system, wherein the frequency of the electrical signal is less than or equal to about 10 Hz, between about 3 Hz and 5 Hz, between about 10 Hz and 20 Hz, between about 40 Hz and 50 Hz, between about 60 Hz and 70 Hz, between about 70 Hz and 80 Hz, between about 220 Hz and 230 Hz, between about 340 Hz and 350 Hz, between about 980 Hz and 990 Hz, or any combination thereof (see Para 58-59: “the microcontroller 205 is configured to generate the electrical signal at one of a plurality of intensity levels … frequency can be in a range of about 50 Hz to about 500 Hz … frequency can also be in a range of about 60 Hz to about 400 Hz, about 70 Hz to about 350 Hz, or about 80 Hz to about 300 Hz, or any other frequency ranges”; also Table 1);
wherein the frequency of the electrical signal is about 3.8 Hz, about 6 Hz, about 14 Hz, about 44 Hz, about 65 Hz, about 66 Hz, about 74 Hz, about 222 Hz, about 344 Hz, about 984 Hz, or any combination thereof (see Para 58-59, and Table 1 (all listed frequency in table 1 falls within the range, and suggest that the frequency can be any other frequency ranges within the range)).
Regarding Claim 5, Young further discloses the system, wherein the frequency of the electrical signal is user-selectable (see Para 62: “user's 110 body may adapt to the electrical signals being applied by the portable electrical stimulation device 100. Thus, it may be desirable to adjust the level being applied during treatment. The portable electrical stimulation device 100 may be configured to receive control input to switch between the levels (e.g., a selection of one of levels 1-5) via the control switches 350 or another user interface such as graphical user interface 225 of microphone 250” (each level defined by different frequency, user selecting a level via control switches selects the frequency)).
Regarding Claim 10, Young further discloses the system, further comprising a controller disposed within the housing, the controller configured to control operations of the electrical circuit (see Fig.2 and Para 44: “the portable electrical stimulation device 100 includes a microcontroller 205 …”; Para 51-52, 56, 58).
Regarding Claim 11, Young further discloses the system, further comprising a sensor coupled to the output element (see Para 18-21: “at least one electrode comprises one or more sensors”), the sensor being configured to generate data indicative of external contact with the output element, the controller configured to detect the external contact with the output element based at least in part on the data (see Para 56: “at least one of the electrodes 105 may also include one or more sensors configured to sense biometric parameters of the user 110 … sensors may sense a user's impedance, other body characteristic or physical reaction”), controller being configured to cause the electrical circuit to generate the electrical signal in response to detecting the external contact with the output element (see Para 18-21: “adjust the level of the electrical signal to the second intensity level less than the first intensity level in response to the sensed user's reaction”; and Para 56).
Regarding Claim 13, Young further discloses the system, wherein the housing forms a box and the output element includes a generally flat surface (see Fig.1A (device 100; user interface 225), Fig. 4A-4D (flat surfaced output element; cover 430/410); and Para 40: “a portable device comprising a user interface 225 … user interface 225 may have different designs and/or arrangements of input touch pads/buttons. The user interface 225 may include an integrated touch LCD screen for user interface”; Para 55).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young as applied to claim 1 above, further in view of US 4846178 A to Fuxue et al. (hereinafter “Fuxue”).
Regarding Claim 4, Young further discloses the system, wherein the peak voltage can be in a range of about 50 V to about 250 V and may vary depending on the user (see Para 59) and peak current can be within a range of about 5 mA to about 250 mA and may vary depending on the user (see Para 59-60).
However, fails to explicitly disclose the range of voltage at least 2000 volts and amperage of between 1 μA and 20 μA.
Another reference, Fuxue, disclose an electric field therapeutic apparatus (see Abstract), wherein the voltage of the electrical signal is at least 2,000 volts (see summary of invention: “an electric field therapeutic apparatus which can form a relatively strong electric field … the range of 100-5,000V”), and wherein the electrical signal has an amperage of between 1 μA and 20 μA (see summary of invention: “piezoelectric transformer is adapted in the apparatus of the present invention to generate a high voltage/micro-current output”; Col 4 (line 4-59): “piezoelectric transformer is preferable, so as to meet the requirements of high output voltage, small output current and large output resistance of the present apparatus, all these requirements guarantee the safety of such a high voltage use”).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Fuxue to have the high voltage output and micro-current output to have a device that guarantee the safety of such a high voltage use.
Claims 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young as applied to claim 1 above, further in view of US 20060121590 A1 to Speerli (hereinafter “Speerli”).
Regarding Claim 6, Young further discloses the system, wherein the frequency of the electrical signal is configured to periodically alternate between a plurality of different frequencies (see Para 62: “portable electrical stimulation device 100 may be configured to receive control input to switch between the levels (e.g., a selection of one of levels 1-5) via the control switches 350 or another user interface … switches between two levels, there may be a short period of inactivity in which no electrical signal is applied to the user 110”).
Young disclose plurality of different frequencies via switching levels via the user selection, but fails to explicitly disclose periodically alternate between different frequencies.
Another reference, Speerli disclose an electrical apparatus (see Abstract, Para 01), wherein the frequency of the electrical signal is configured to periodically alternate between a plurality of different frequencies (see Para 28: “the periodical and automatic sequential variation of said frequency”; Para 23-39, 84, 102, 142).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of periodically alternate plural frequency of Speerli to have the ability to automatically cycle through selected frequency, thereby providing advantage of applying different stimulation frequency without requiring continuous user interaction/selection.
Regarding Claim 7, Young further discloses the system, wherein the plurality of different frequencies includes: a first frequency between about 60 Hz and about 70 Hz, a second frequency between about 70 Hz and about 80 Hz, and a third frequency between about 980 Hz and about 990 Hz; or a first frequency that is less than or equal to about 10 Hz, a second frequency between about 40 Hz and about 50 Hz, and a third frequency between about 60 Hz and about 70 Hz; or a first frequency between about 10 Hz and about 20 Hz, a second frequency between about 220 Hz and about 230 Hz, and a third frequency between about 340 Hz and about 350 Hz (see Para 58-59 and Table 1 (each levels have a different frequency or can have any other frequency ranges within the defined frequency ranges, therefore, selecting plurality of different frequencies within desired range to have multiple levels with different frequency would provide plurality of different frequencies); Para 60: “the numbers shown in Table 1 are merely example numbers and can have different numbers as long as the frequency and the peak voltage have a generally inverse relationship and/or the frequency, peak voltage and current satisfy the above described ranges”).
Claims 8, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young as applied to claim 1 above, further in view of US 7933648 B2 to Tanrisever (hereinafter “Tanrisever”).
Regarding Claim 8, Young further discloses the system, wherein the output element includes an externally accessible glass plate mounted in the housing, a glass bulb mounted in the housing, or a glass sphere mounted in the housing (see Para 55: “the flexible conductive contact 405 may be formed of a conductive graphite and the cover 410 may be formed of silicone”).
However, fails to disclose output element includes glass plate mounted in the housing.
Tanrisever disclose a system (see abstract, Para 06), wherein the output element includes an externally accessible glass plate mounted in the housing, a glass bulb mounted in the housing, or a glass sphere mounted in the housing (see FIG. 4 (glass electrode being applied to a surface); Para 33: “shape and construction of the glass electrodes depends on where they will be used … the application region may be tubular and shorter than the structural region (S1, for use in the ear), tubular and longer than the structural region … bulbous with an outer surface that contacts with the skin or mucosa of a patient, that is flat, convex, or concave (F1, F2, F3, for surface applications, e.g., hands, feet, chest, back, neck”; Para 39).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Tanrisever to have the output element includes glass plate, thereby the electrode formed as a sealed glass body with a durable, easily cleaned patient contact surface to provide stimulation without discomforting current reaching the user.
Regarding Claim 12, Young further discloses the system, wherein the output element is a generally flat glass plate, and wherein the system further comprises a conducting plate in contact with the glass plate, the conducting plate configured to receive the electrical signal from the electrical circuit and distribute the electrical signal to the glass plate (see Para 55 (electrode 105; flat surface; cover 410/430; flexible conductive contact 405; conductive element in contact with output element)).
However, fails to explicitly disclose the output element is a generally flat glass plate.
Tanrisever disclose a system (see abstract, Para 06), wherein the output element is a generally flat glass plate (see FIG. 4 (glass electrode being applied to a surface); Para 33-36: “shape and construction of the glass electrodes depends on where they will be used … the electrodes include thin nickel chromium plates 62 and kovar alloy wire 64 for the metallic electrode; electron tube glass tubes 66 … metal electrode is assembled at the bottom of the glass piece, and sealed inside the glass at high temperature”).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Tanrisever to have uniform distribution of the signal over the full skin-contact rather than the attachment point.
Regarding Claim 14, Young further discloses the system, wherein the housing forms a wand with a grip portion that is graspable by a user, and an elongated rod extending from the grip portion, the output element being mounted at an end of the elongated rod (see Para 40: “a portable device comprising a user interface 225, a stand 103 … portable electrical stimulation device 100 shown in FIG. 1A is merely an example, and can have different structures, shapes, and/or user interfaces …”; and Fig.1A).
Young disclose the housing with a grip portion (stand 103), and suggest the device can have different structures, shapes, but fails to disclose the wand shape and output element being mounted at an end of the elongated rod.
Tanrisever disclose a system (see abstract, Para 06), wherein the housing forms a wand with a grip portion that is graspable by a user, and an elongated rod extending from the grip portion, the output element being mounted at an end of the elongated rod (see Fig.3, 5, 10-12; and Para 34: “plastic handles 68 formed by molding”; Para 38).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Tanrisever to have the plastic handle with the output element mounted at end would allow the device to treat hard to reach areas.
Claims 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young as applied to claim 1 above, and in view of Fuxue and further in view of Speerli.
Regarding Claim 9, Young further discloses the system, wherein the stimulation device contains a microcontroller, the electrical output circuit may be configured as a boost converter to boost the signal provided by the boost clock signal (see Para 49-52), and wave generator to generate the electrical signal at one of a plurality of levels including frequency (see Para 45).
But fails to disclose two generator modulation with a step-up transformer, circuit architecture, an amplifier.
Fuxue discloses an electric field therapeutic apparatus (see Abstract), wherein the electrical circuit includes: a low-frequency signal generator configured to generate a first initial signal having a target frequency (see Col 4 (line 60-68): “a pulse generator which generates low frequency pulse signals in the range of 0.1-100 Hz”);
a high-frequency signal generator configured to generate a carrier signal having a carrier frequency that is greater than the target frequency (see Col 4 (line 4-59): “the operating frequency of the oscillator 30 should be the same as the resonance frequency of the transformer 40 to keep it working at high efficiency, usually, this frequency is selected from the range of 10-100 KHz”);
a step-up transformer electrically coupled to the current amplifier and the high-frequency signal generator, the step-up transformer being configured to receive the second initial signal and the carrier signal and output an amplitude-modulated signal having a voltage of at least 100 volts, the amplitude-modulated signal having an envelope frequency corresponding to the target frequency (see Col. 5: “an oscillating and transforming circuit wherein a ferrite transformer is preferably adapted to generate an output signal modulated by the pulse signals of the pulse generator 30 … output of circuit 40' will be connected to a step-up transforming circuit 55, which is part of the ferrite transformer 401 … by adapting the pulse generator 30' which generates a low frequency pulse signal, the oscillating signal of the circuit 40' is modulated by this pulse signal and so are the outputs of circuits 50 and 55 …”); and
a voltage detector configured to receive the amplitude-modulated signal and generate the electrical signal from the envelope of the amplitude-modulated signal such that the frequency of the electrical signal is equal to the target frequency (see Col. 5: “When position b is connected, the output of circuit 40' will be connected to a voltage multiplier 50, which converts the output of circuit 40, into a directive output … the output voltage of this embodiment is either a directive pulse signal or an alternating signal modulated by a low frequency pulse signal”; and Col.3: “… using the pulse generator and the switching circuit in this embodiment, it is possible to form, via the isolated output electrodes, an electric field which changes its strength at a low frequency in the range of 0.1-100 Hz …”).
However, the combination of Young in view of Fuxue fails to teach an amplifier electrically connected to the low-frequency signal generator.
Another reference, Speerli teaches an electrical apparatus (see Abstract, Para 01), wherein the electrical circuit includes: an amplifier electrically connected to the low-frequency signal generator, the current amplifier being configured to receive the first initial signal and generate a second initial signal having the target frequency and an increased amperage relative to the first initial signal (see Para 112: “Converter-amplifier circuit (CCA) 10 … a semi-wave counter-phase converter 18 providing feeding voltage to a current amplifier 20 and to AND gate 22; a half-wave in-phase converter 19 which provides feeding tension to current amplifier 21”); and
a voltage detector configured to receive the amplitude-modulated signal and generate the electrical signal from the envelope of the amplitude-modulated signal such that the frequency of the electrical signal is equal to the target frequency (see Para 114: “booster transformer 34 … output terminal of HV secondary HV of transformer 24 are obtained the high-voltage sinusoidal damped pulses …”; Para 162: “the high-voltage pulses are amplitude-modulated by waveform 6b(i) (the F1 low-frequency wave)”).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of circuit architecture by Fuxue and the teaching of amplifier arrangement of Speerli to have the claimed circuit architecture using known circuit components to achieve intended function and reasonable expected results.
Claims 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young as applied to claim 1 above, further in view of WO 2023196578 A1 to Bouton et, al (hereinafter “Bouton”).
Regarding Claim 15, Young further discloses the system, wherein the output element includes a conducting plate array having a plurality of conducting plates arranged in a pattern, and wherein the electrical circuit is configured to be sequentially connected to each of the plurality of conducting plates (see Para 12-13: “at least one of the first and second electrodes along a region of the user's skin while the electrical signal is provided to the first and second electrodes … further comprises placing a third electrode and a fourth electrode on a third location of the user different from the first and second location”).
Young discloses plurality of electrode as output element, but fails to explicitly disclose plate array arranged in a pattern.
Another reference, Bouton, disclose a system (see Abstract), wherein the output element includes a conducting plate array having a plurality of conducting plates arranged in a pattern (see Para 93: “electrodes can be electrically coupled to a stimulation module … Electrodes can be arranged in an array … electrode array can be arranged in a serpentine flex circuit, for example, a winding path 203 comprising a sequence of electrodes”), and wherein the electrical circuit is configured to be sequentially connected to each of the plurality of conducting plates (see Para 91: “Electrode or electrode pairs 101 can be daisy-chained (e.g., wired together in sequence) … electrodes are connected to indicators (e.g., LEDs) or controllers 103 using switches 104 (e.g., solid-state relays, metal - oxide-semiconductor field effect transistors (MOSFETs), or other switch topologies) …”; and Para 74).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of plurality of output elements arrangements by Bouton, such modification would provide controlled application of the electrical stimulation across plurality of conducting plates.
Regarding Claim 16, Young further discloses the system, however, fails to disclose the plurality of conducting plates are arranged in a spiral pattern.
Bouton disclose a system (see Abstract), wherein the plurality of conducting plates are arranged in a spiral pattern (see Para 93: “electrode array can be arranged in a serpentine flex circuit, for example, a winding path 203 comprising a sequence of electrodes”).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Bouton, such modification is obvious design choice for electrode configuration for applying stimulation over a desired area.
Regarding Claim 17, Young further discloses the system, however, fails to disclose the electrical circuit is configured to be sequentially connected to each of the plurality of conducting plates according to a predetermined connection frequency.
Bouton disclose a system (see Abstract), wherein the electrical circuit is configured to be sequentially connected to each of the plurality of conducting plates according to a predetermined connection frequency (see Para 50: “stimulator module can comprise a processing unit … the control instructions can define which electrodes are to provide the stimulation and at what times. The control instructions can provide a pattern of electrical stimulation … the control instructions can direct electrical pulses to be provided to particular muscles or neural targets periodically (e.g., every second, five seconds, 10 seconds, 20 seconds, or 30 seconds)”; and Para 87-88: “microprocessor can also store stimulation sequences (e.g., sequences of electrical pulses provided from the electrodes … microprocessor can process stimulation multiplexing. Electrical stimulation pulses can be nested or interlaced in the time domain”).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Bouton to control the timing of stimulation between conducting plates.
Regarding Claim 18 and 19, Young further discloses the system, however, fails to disclose the connection frequency is less than or equal to about 10 Hz and the connection frequency is the same as or different from the frequency of the electrical signal.
Bouton disclose a system (see Abstract), wherein the connection frequency is less than or equal to about 10 Hz, between about 3 Hz and 5 Hz, between about 10 Hz and 20 Hz, between about 40 Hz and 50 Hz, between about 60 Hz and 70 Hz, between about 70 Hz and 80 Hz, between about 220 Hz and 230 Hz, between about 340 Hz and 350 Hz, between about 980 Hz and 990 Hz, or any combination thereof (see Para 50: “control instructions can provide a pattern of electrical stimulation … periodically (e.g., every second, five seconds, 10 seconds, 20 seconds, or 30 seconds) … an electrical impulse can have a frequency between 1 and 10 Hz …”); wherein the connection frequency is the same as or different from the frequency of the electrical signal (Para 49-51 (connection rate and impulse frequency disclose, both parameters exist independently and covers various possibilities for frequency combination)).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Bouton to have appropriate connection frequency and control over the timing of sequential stimulation which is a known parameter/techniques of stimulation system.
Claims 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of Bouton as applied to claim 15 above, and further in view of Fuxue.
Regarding Claim 20, Young in view of Bouton further discloses the system as described above, however, fails to explicitly disclose wherein the frequency of the electrical signal is 0 Hz such that the electrical signal is a steady-state electrical signal.
Fuxue disclose electric field therapeutic apparatus comprising a D.C. source (see Abstract, summary of invention), wherein the frequency of the electrical signal is 0 Hz such that the electrical signal is a steady-state electrical signal, and wherein electrical circuit is configured to be sequentially connected to each of the plurality of conducting plates of the conducting plate array according to a connection frequency that is between about 3 Hz and about 5 Hz (see Col. 5: “the output of circuit 40' will be connected to a voltage multiplier 50, which converts the output of circuit 40, into a directive output …”; and Col.3: “so as to generate a high voltage directive or alternating output respectively”).
It would have been obvious to one of ordinary skill in the art as of the time of Applicant’s effective filing date of invention to modify the disclosed device of Young with the teaching of Bouton, because doing so would provide a known manner of controlling the application of stimulation while using existing stimulation circuitry.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2017040741 A1 - Art Relevant as whole (see Abstract, Summary of Invention)
US 20210069508 A1 - (see Abstract, Summary of Invention, Para 38)
CA 2687960 A1 – (see Abstract)
US 4572194 A - Art Relevant as whole
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/I.J./ Examiner, Art Unit 3792
/NIKETA PATEL/ Supervisory Patent Examiner, Art Unit 3792
Prosecution Insights