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 .
Terminal Disclaimer
The terminal disclaimer filed on 08/04/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12403298 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed on 08/04/2026 have been fully considered but they are not persuasive. Applicant argues that Liu does not disclose a single layer (of silver paste) disposed on one side of a the carrier that is configured to perform both heating and electrical conduction functions. Examiner respectfully disagrees as Liu discloses a conductive layer of silver paste disposed on the carrier (Pg. 13, ln 26-27). Examiner notes that conducting current through the silver paste would necessarily heat the paste. Therefore, Liu discloses a single layer disposed on one side of a carrier that is configured to perform both heating and electrical conduction functions. Examiner notes that as currently written, the claims require a plurality of layers arranged in a sequence, but do not specify the order of the layers within the sequence.
Claim Objections
Claim 11 is objected to because of the following informalities: Amended line 4 of claim 11 should be further amended to recite “attaching the heating electrode sheet to [[an]] a user, wherein…” Appropriate correction is respectfully requested.
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 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al (CN 112023252) hereinafter Liu.
Regarding claim 1, discloses a physiotherapy device (1000 massage head assembly), comprising:
an electric stimulator (circuit board 190) configured to generate electric pulses (Pg. 13, ln 37-38);
a heating electrode sheet (massage head body 110), comprising a plurality of layers arranged in a sequence (Pg. 13, ln 21-23),
wherein the plurality of layers comprise a non-woven fabric (Pg. 13, ln 18: carrier can be made of nylon material), a coating bottom plate (Pg. 14, ln 43-44: multiple metal sheets), a heating silver paste coating (Pg. 13, ln 26: silver paste), a carbon layer bottom plate (Pg. 14, ln 43-44: multiple metal sheets), a conductive carbon layer (Pg. 14, ln 47: heating film 230), and a conductive gel layer (Pg. 13, ln 1: gel electrode sheet); and
a connecting component (magnetic member) configured to connect with the heating electrode sheet and the electric stimulator (Pg. 16, ln 32-34),
wherein the electric stimulator is configured to input the electrical pulses into the connecting component (Pg. 14, ln 37-39: By setting the circuit board 190, the massage head 1000 can have the massage effect of electrical stimulation physiotherapy; Pg, 16, ln 32-33: gel electrode assembly 120 is provided with a second magnetic attraction member), and
the connecting component is configured to transmit the electric pulses through the conductive carbon layer and the conductive gel layer of the heating electrode sheet (Pg. 14, ln 37-39: The gel electrode pad 121 and the electrode pad of the human skin can provide the user with electrical stimulation physiotherapy), and
the connecting component is configured to transmit current through the heating silver paste coating of the heating electrode sheet (Pg. 14, ln 37-39: The gel electrode pad 121 and the electrode pad of the human skin can provide the user with electrical stimulation physiotherapy; Examiner notes the magnetic member would necessarily have to transmit current through the silver paste on carrier 122 in order for the gel pad to deliver electrical stimulation).
Regarding claim 11, Liu discloses a method for controlling a physiotherapy device, comprising:
connecting a connecting component (magnetic member) with a heating electrode sheet (massage head body 110) and an electric stimulator (circuit board 190; Pg. 13, ln 37: massage head body 110 may have a circuit board 190 in it; Pg. 16, ln 32-37: the massage head main body 110 is provided with a first magnetic attraction member 250, and the gel electrode assembly 120 is provided with a second magnetic attraction member. In this way, the massage head body 110 and the gel electrode assembly 120 can be connected by magnetic attraction);
attaching the heating electrode sheet to a user (Pg. 8, ln 16-17: when the gel electrode sheet 121 is applied to the human skin, the gel electrode sheet 121 can be attached to the skin),
wherein the heating electrode sheet comprises a plurality of layers arranged in a sequence (Fig. 2),
and the plurality of layers comprise a non-woven fabric (Pg. 13, ln 18: carrier can be made of nylon material), a coating bottom plate (Pg. 14, ln 43-44: multiple metal sheets), a heating silver paste coating (Pg. 13, ln 26: silver paste), a carbon layer bottom plate (Pg. 14, ln 43-44: multiple metal sheets), a conductive carbon layer (Pg. 14, ln 47: heating film 230), and a conductive gel layer (Pg. 13, ln 1: gel electrode sheet);
generating and inputting electric pulses by the electric stimulator into the connecting component (Pg. 14, ln 37-39: By setting the circuit board 190, the massage head 1000 can have the massage effect of electrical stimulation physiotherapy; Pg, 16, ln 32-33: gel electrode assembly 120 is provided with a second magnetic attraction member);
transmitting, by the connecting component, the electric pulses through the conductive carbon layer and the conductive gel layer of the heating electrode sheet (Pg. 14, ln 37-39: The gel electrode pad 121 and the electrode pad of the human skin can provide the user with electrical stimulation physiotherapy); and
transmitting, by the connecting component, current through the heating silver paste coating of the heating electrode sheet (Pg. 14, ln 37-39: The gel electrode pad 121 and the electrode pad of the human skin can provide the user with electrical stimulation physiotherapy; Examiner notes the magnetic member would necessarily have to transmit current through the silver paste on carrier 122 in order for the gel pad to deliver electrical stimulation).
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) 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 112023252) in view of Casalino et al (US 2023/0372724) hereinafter Casalino.
Regarding claims 6 and 16, Liu discloses the system of claim 1 and the method of claim 11 as discussed above, but fails to disclose wherein the conductive gel layer comprises a pair of sub-layers that are respectively attached to an outer surface of the conductive carbon layer. However, Casalino discloses a conductive gel layer comprising a pair of sub-layers that are respectively attached to an outer surface of a conductive carbon layer ([0072] FIG. 3 shows such an energy gel plate, showing the layers of adhesive conductive gel 302 and 304 and the layer of superconducting intermediate grade carbon film 306). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method/system as taught by Liu with a conductive gel layer comprising a pair of sub-layers that are respectively attached to an outer surface of a conductive carbon layer as taught by Casalino. Such a modification would provide the predictable results of increasing conductivity and reducing resistance between the skin and electrode.
Allowable Subject Matter
Claims 2-5, 7-10, 13-15, and 17-20 are 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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