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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
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.
Claims 1-12 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act 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).
Claim 1 recites “contact a finger tip of the human hand”, “the human hand”, “the finger of the human hand” in such a way that the claimed invention is considered to be directed to a human organism.
Claim 5 recites “encompass a human hand palm and a the human hand back of the hand”, “contact a portion of a human head skin surface” in such a way that the claimed invention is considered to be directed to a human organism.
Claim 9 recites “engaged to said human foot side first surface”, “a human foot arch skin surface” in such a way that the claimed invention is considered to be directed to a human organism.
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 1-12 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
For example, in Claim 1, section b, “wherein positionally said base, said support surrounding sidewall, said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis, operationally this results in a default first bias position of said one-half spherical structure constant radius outer surface slidably contacting said constant radius arc inside surface with a portion of said primary longitudinal axis that includes said substantially planar support surface, said neck portion, said one-half spherical structure, said disc, and a portion of said primary spring, and a portion of said secondary spring along said secondary longitudinal axis both to deviate about twenty degrees from vertical from said secondary spring creating an asymmetrical force on said disc from a moment arm distance as between said primary and secondary longitudinal axes resulting in said substantially planar support surface angled in an insert and removal state position”. As demonstrated in the excerpt above, the structure of the device is not clearly, concisely and positively specified.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schepis et al. (US 20140188194 A1) in view of Oesau (US 3,911,910 A).
As to claim 1, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, Schepis et al. discloses a semi planar garment constructed of a flexible material that is adapted to attach to the outer surface of a particular part of the human body such as a glove for a human hand (Figure 1) includes a plurality of adjacent surrounding sidewalls forming fourchettes and a thumb that each receive a finger of the human hand such that each said surrounding sidewall has a surrounding sidewall inner surface, wherein said surrounding sidewall is a single layer one piece as between said planar garment outer surface and said planar garment inner surface and said surrounding sidewall inner surface (Figure 1); an electrode (electrode 28/30 of Figure 1; [0030-0037]) that is solely disposed and affixed upon said substantially planar support surface (Figure 1), wherein said electrode is positioned via said insert state position to initially contact a finger tip of the human hand during an insertion of the human hand into said glove to facilitate a low effort insert of the finger to initially slidably contact said electrode at an angle in relation to a tip of the finger, once the finger is fully inserted upon said electrode (Figure 1) and a control circuitry that is in electrical communication with said electrode (Figure 1; [0066]), wherein said control circuitry is operative to generate the electrical impulses with particular frequency, phase, pulse versus time amounts, voltage, and ampere levels at user safe low electrical power levels that are less than one-hundred milli-amps and no more than sixty volts ([0060-0065]).
Schepis et al. discloses the invention substantially as claimed but does not explicitly disclose “a dual bias omnidirectionally movable substantially planar support surface structure assembly that includes a base with a base outer surface and an opposing base inner surface, a support surrounding sidewall with a support surrounding sidewall internal surface and an opposing support surrounding sidewall external surface, said support surrounding sidewall extends from said base about a primary longitudinal axis and said support surrounding sidewall has a support terminating portion wherein said support surrounding sidewall symmetrically arcs with a constant radius arc inward towards said primary longitudinal axis, with said constant radius arc inward having a constant radius arc inside surface and an opposing constant radius arc outside surface, with said support surrounding sidewall terminating portion terminating in an aperture that is disposed about said primary longitudinal axis, said base inner surface, said support surrounding sidewall internal surface, and said support terminating portion constant radius arc inside surface all define a support interior, a primary spring that is disposed about said primary longitudinal axis, said primary spring having a primary first end portion and an opposing primary second end portion, said primary spring having a spring rate K-one that is in force per unit distance, wherein said primary first end portion is disposed upon said base inner surface, a secondary longitudinal axis that is positioned parallel to said primary longitudinal axis, wherein said secondary longitudinal axis is further positioned in-between said primary longitudinal axis and said support surrounding sidewall internal surface, wherein said secondary first end portion is disposed upon said base inner surface, a disc having a disc first end portion and an opposing disc second end portion, said disc second end portion including a button shaped protrusion, said disc is disposed within said support interior positioned such that said disc first end portion is in contact with both said primary spring primary second end portion and said secondary spring secondary second end portion, a one-half spherical structure having a flat surface with a circular cavity that is sized and configured to freely rotationally receive said button shaped protrusion, said one-half spherical structure has an outer surface that has a constant radius arc that matches said support surrounding sidewall terminating portion constant radius arc inside surface, said one-half spherical structure further has a neck portion extending from said one-half spherical structure constant radius outer surface, wherein said neck portion extends opposite from said flat surface circular cavity along said primary longitudinal axis, said neck portion terminates in said substantially planar support surface that is positioned substantially perpendicular to said primary longitudinal axis, wherein positionally said base, said support surrounding sidewall, said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis, operationally this results in a default first bias position of said one-half spherical structure constant radius outer surface slidably contacting said constant radius arc inside surface with a portion of said primary longitudinal axis that includes said substantially planar support surface, said neck portion, said one-half spherical structure, said disc, and a portion of said primary spring”.
Oesau discloses in Figure 3 and col. 3, lines 6-17, “an electrical switch assembly 92, including a pair of stationary contacts 94 and a movable bridging element 96 yieldingly biased toward the contact bridging position by means of a compression spring 98. Also, a bridging element 96 includes an actuator shaft portion 100 which is slidably received through an aperture 102 formed in a cover plate 104 for the switch assembly 92, the cover plate 104 overlying a switch accommodating opening 106 formed in the top wall 30 of the panel-like member 28 adjacent the end wall 38 and piano hinge 42”.
Thus Oesau discloses a dual bias omnidirectionally movable substantially planar support surface structure assembly (electrical switch assembly, depicted as 92) that includes a base (bridging element, depicted as 96 in Figure 3) with a base outer surface (Figure 3; the surface of 96 that engages with the actuator shaft, depicted as 100) and an opposing base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), a support surrounding sidewall (Figure 3; the sidewalls that support contacts depicted as 94 in Figure 3) with a support surrounding sidewall internal surface and an opposing support surrounding sidewall external surface (Figure 3), said support surrounding sidewall extends from said base about a primary longitudinal axis and said support surrounding sidewall has a support terminating portion wherein said support surrounding sidewall symmetrically arcs with a constant radius arc inward towards said primary longitudinal axis (Figure 3, as seen in regards to element 92), with said constant radius arc inward having a constant radius arc inside surface and an opposing constant radius arc outside surface (Figure 3, as seen in regards to element 92), with said support surrounding sidewall terminating portion terminating in an aperture that is disposed about said primary longitudinal axis (Figure 3, as seen in regards to element 92), said base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), said support surrounding sidewall internal surface, and said support terminating portion constant radius arc inside surface all define a support interior (Figure 3, as seen in regards to element 92), a primary spring (depicted as 98 in Figure 3) that is disposed about said primary longitudinal axis (Figure 3), said primary spring having a primary first end portion and an opposing primary second end portion (Figure 3), said primary spring having a spring rate K-one that is in force per unit distance (any spring would necessarily have a spring rate that is in force per unit distance), wherein said primary first end portion is disposed upon said base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), a secondary longitudinal axis that is positioned parallel to said primary longitudinal axis, wherein said secondary longitudinal axis is further positioned in-between said primary longitudinal axis and said support surrounding sidewall internal surface (Figure 3), a disc (cover plate depicted as 104 in Figure 3) having a disc first end portion and an opposing disc second end portion, said disc second end portion (Figures 1-4) including a button shaped protrusion (cover plate depicted as 104 in Figure 3 with aperture 102 for which the actuator shaft portion 100 is disposed through. The examiner considers the actuator shaft portion to be the button shaped protrusion. Figures 1-4), said disc is disposed within said support interior positioned such that said disc first end portion is in contact with both said primary spring primary second end portion (Figure 3); a one-half spherical structure (aperture depicted as 102 in Figure 3) having a flat surface with a circular cavity that is sized and configured to freely rotationally receive said button shaped protrusion (Figure 1-4), said one-half spherical structure has an outer surface that has a constant radius arc that matches said support surrounding sidewall terminating portion constant radius arc inside surface (Figure 1-4), said one-half spherical structure further has a neck portion (the center lumen portion of the aperture 102 in Figure 3) extending from said one-half spherical structure constant radius outer surface, wherein said neck portion extends opposite from said flat surface circular cavity along said primary longitudinal axis, said neck portion terminates in said substantially planar support surface that is positioned substantially perpendicular to said primary longitudinal axis, wherein positionally said base, said support surrounding sidewall (Figure 3), said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis (Figure 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the electrical stimulation delivery means of Schepis to the electrical stimulation delivery means of Oesau since employing electrical switch assemblies to deliver electrical stimulation (as employed by Oesau) are extremely well known in the electrical stimulation art. As such, employing the electrical stimulation delivery means of an electrical switch assembly (such as the one disclosed by Oesau) within the electrical stimulation garment of Schepis would provide the predictable results of employing a known technique with a particular element to yield the same predictable results of delivering electrical stimulation. Furthermore, the modification would provide the predictable results of ensuring the electrical stimulation is only applied when sufficient pressure is exerted to close the electrical switch and deliver current to prevent unwanted stimulation being applied.
Therefore, the modified Schepis et al. as applied above discloses “dual bias omnidirectionally movable substantially planar support surface structure assembly moves into an operational position state via creating a second bias that exerts force on said electrode along said primary longitudinal axis away from said base to operationally exert contact force as between said electrode and the finger, even while the finger has omnidirectional movement defined as being vertically, rotationally, tilting front to back, and tilting left to right while said second bias keeps the contact force as between said electrode and the finger, and during operational removal movement of the hand and finger from said glove said dual bias omnidirectionally movable substantially planar support surface structure assembly automatically moves into said default first bias position being ready for a subsequent finger insert into said glove being said plurality of adjacent surrounding sidewalls forming fourchettes and said thumb that each receive the finger of the human hand” (Schepis et al., Figure 1).
The modified Schepis et al. discloses the invention substantially as claimed with a primary spring, but does not explicitly disclose a second spring in addition to the primary spring. It would have been obvious to one having ordinary skill in the art at the time the invention was made to add an additional or secondary spring, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (see MPEP 2144.04). Furthermore, adding an additional spring would provide the predictable results of enabling enhanced operation and function. As such, the modified Schepis et al. discloses a secondary spring that is disposed about said secondary longitudinal axis, said secondary spring having a secondary first end portion and an opposing secondary second end portion. While the modified Schepis et al. doses not explicitly disclose said secondary spring having a spring rate K-two that is in force per unit distance that is less than said K-one spring rate, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the spring rate of the primary and secondary springs in order to provide the predictable results of optimizing function and performance to meet specific user needs and requirements.
As to claim 2, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said electrode and said control circuitry are constructed of a transcutaneous electrical nerve stimulation (TENS) system (Schepis et al., [0007]).
As to claim 3, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said base inner surface further comprises a primary spring first end portion first recess cavity that partially nests said primary spring first end portion to operationally help keep said primary spring first end portion in position about said primary longitudinal axis (Oesau, Figure 3) and said base inner surface further comprises a secondary spring first end portion second recess cavity that partially nests said secondary spring first end portion (Oesau, Figure 3; mere duplication of the essential working parts in the modified Schepis et al. (MPEP 2144.04), see above) to operationally help keep said secondary spring first end portion in position about said secondary longitudinal axis.
As to claim 4, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said disc first end portion further comprises a primary spring second end portion third recess cavity that partially nests said primary spring second end portion to operationally help keep said primary spring second end portion in position about said primary longitudinal axis (Oesau, Figure 3) and said disc first end portion further comprises a secondary spring second end portion fourth recess cavity that partially nests said secondary spring second end portion (Oesau, Figure 3; mere duplication of the essential working parts in the modified Schepis et al. (MPEP 2144.04), see above) to operationally help keep said secondary spring second end portion in position about said secondary longitudinal axis.
As to claim 5, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, Schepis et al. discloses a sensory control system that is adapted to encompass an outer surface of a particular part of a human body of a user for applying electrical impulses to the outer surface to alter a physical sensation of the particular part of the human body for the user (Figure 1), said sensory control system comprising: a pet grooming type of glove (Figure 1; The examiner considers the glove depicted in Figure 1 to be “a pet grooming type glove”. The functional language and introductory statement of intended use of claim 5 has been carefully considered but are not considered to impart any further structural limitations over the prior art. Since Schepis et al. utilizes a glove as claimed by the Applicant, Schepis et al. is therefore capable of being used as a “pet grooming” glove. In addition nothing prevents Schepis et al. from using a “pet grooming type glove”. Therefore, the glove of Schepis et al. is capable of being a pet grooming type glove.) for a human hand (Figure 1) that includes a grooming glove surrounding sidewall that is positioned to encompass a human hand palm and a human hand back of the hand (Figure 1), said grooming glove surrounding sidewall including an exterior surface that is divided into an inside exterior surface being adjacent to the palm of the hand and an outside exterior surface being adjacent to the back of the hand (Figure 1); an electrode (electrode 28/30 of Figure 1; [0030-0037]) that is solely disposed and affixed upon said substantially planar support surface (Figure 1), wherein said electrode is positioned via said default first bias position initial contact state position (Figure 1) to contact a portion of skin (Figure 1). The functional language and introductory statement of intended use of claim 5 has been carefully considered but are not considered to impart any further structural limitations over the prior art. Since Schepis et al. utilizes a glove and electrode(s) that contacts a portion of the skin as claimed by the Applicant, Schepis et al. is therefore capable of being used in contact with a portion of the human head skin surface. In addition nothing prevents Schepis et al. from placing the glove in contact with a portion of the human head skin. Therefore, the glove of Schepis et al. is capable of being used to contact a portion of the human head skin surface. As such, Schepis et al. thus discloses a glove that is capable of initially contact a portion of a human head skin surface to facilitate a soft contact of the portion of the human head skin surface and a control circuitry that is in electrical communication with said electrode (Figure 1; [0066]), wherein said control circuitry is operative to generate the electrical impulses with particular frequency, phase, pulse versus time amounts, voltage, and ampere levels at user safe low electrical power levels that are less than one-hundred milli-amps and no more than sixty volts ([0060-0065]).
Schepis et al. discloses the invention substantially as claimed but does not explicitly disclose “a dual bias omnidirectionally movable substantially planar support surface structure assembly that includes a base with a base outer surface and an opposing base inner surface, a support surrounding sidewall with a support surrounding sidewall internal surface and an opposing support surrounding sidewall external surface, said support surrounding sidewall extends from said base about a primary longitudinal axis and said support surrounding sidewall has a support terminating portion wherein said support surrounding sidewall symmetrically arcs with a constant radius arc inward towards said primary longitudinal axis, with said constant radius arc inward having a constant radius arc inside surface and an opposing constant radius arc outside surface, with said support surrounding sidewall terminating portion terminating in an aperture that is disposed about said primary longitudinal axis, said base inner surface, said support surrounding sidewall internal surface, and said support terminating portion constant radius arc inside surface all define a support interior, a primary spring that is disposed about said primary longitudinal axis, said primary spring having a primary first end portion and an opposing primary second end portion, said primary spring having a spring rate K-one that is in force per unit distance, wherein said primary first end portion is disposed upon said base inner surface, a secondary longitudinal axis that is positioned parallel to said primary longitudinal axis, wherein said secondary longitudinal axis is further positioned in-between said primary longitudinal axis and said support surrounding sidewall internal surface, wherein said secondary first end portion is disposed upon said base inner surface, a disc having a disc first end portion and an opposing disc second end portion, said disc second end portion including a button shaped protrusion, said disc is disposed within said support interior positioned such that said disc first end portion is in contact with both said primary spring primary second end portion and said secondary spring secondary second end portion, a one-half spherical structure having a flat surface with a circular cavity that is sized and configured to freely rotationally receive said button shaped protrusion, said one-half spherical structure has an outer surface that has a constant radius arc that matches said support surrounding sidewall terminating portion constant radius arc inside surface, said one-half spherical structure further has a neck portion extending from said one-half spherical structure constant radius outer surface, wherein said neck portion extends opposite from said flat surface circular cavity along said primary longitudinal axis, said neck portion terminates in said substantially planar support surface that is positioned substantially perpendicular to said primary longitudinal axis, wherein positionally said base, said support surrounding sidewall, said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis, operationally this results in a default first bias position of said one-half spherical structure constant radius outer surface slidably contacting said constant radius arc inside surface with a portion of said primary longitudinal axis that includes said substantially planar support surface, said neck portion, said one-half spherical structure, said disc, and a portion of said primary spring”.
Oesau discloses in Figure 3 and col. 3, lines 6-17, “an electrical switch assembly 92, including a pair of stationary contacts 94 and a movable bridging element 96 yieldingly biased toward the contact bridging position by means of a compression spring 98. Also, a bridging element 96 includes an actuator shaft portion 100 which is slidably received through an aperture 102 formed in a cover plate 104 for the switch assembly 92, the cover plate 104 overlying a switch accommodating opening 106 formed in the top wall 30 of the panel-like member 28 adjacent the end wall 38 and piano hinge 42”.
Thus Oesau discloses a dual bias omnidirectionally movable substantially planar support surface structure assembly (electrical switch assembly, depicted as 92) that includes a base (bridging element, depicted as 96 in Figure 3) with a base outer surface (Figure 3; the surface of 96 that engages with the actuator shaft, depicted as 100) and an opposing base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), a support surrounding sidewall (Figure 3; the sidewalls that support contacts depicted as 94 in Figure 3) with a support surrounding sidewall internal surface and an opposing support surrounding sidewall external surface (Figure 3), said support surrounding sidewall extends from said base about a primary longitudinal axis and said support surrounding sidewall has a support terminating portion wherein said support surrounding sidewall symmetrically arcs with a constant radius arc inward towards said primary longitudinal axis (Figure 3, as seen in regards to element 92), with said constant radius arc inward having a constant radius arc inside surface and an opposing constant radius arc outside surface (Figure 3, as seen in regards to element 92), with said support surrounding sidewall terminating portion terminating in an aperture that is disposed about said primary longitudinal axis (Figure 3, as seen in regards to element 92), said base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), said support surrounding sidewall internal surface, and said support terminating portion constant radius arc inside surface all define a support interior (Figure 3, as seen in regards to element 92), a primary spring (depicted as 98 in Figure 3) that is disposed about said primary longitudinal axis (Figure 3), said primary spring having a primary first end portion and an opposing primary second end portion (Figure 3), said primary spring having a spring rate K-one that is in force per unit distance (any spring would necessarily have a spring rate that is in force per unit distance), wherein said primary first end portion is disposed upon said base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), a secondary longitudinal axis that is positioned parallel to said primary longitudinal axis, wherein said secondary longitudinal axis is further positioned in-between said primary longitudinal axis and said support surrounding sidewall internal surface (Figure 3), a disc (cover plate depicted as 104 in Figure 3) having a disc first end portion and an opposing disc second end portion, said disc second end portion (Figures 1-4) including a button shaped protrusion (cover plate depicted as 104 in Figure 3 with aperture 102 for which the actuator shaft portion 100 is disposed through. The examiner considers the actuator shaft portion to be the button shaped protrusion. Figures 1-4), said disc is disposed within said support interior positioned such that said disc first end portion is in contact with both said primary spring primary second end portion (Figure 3); a one-half spherical structure (aperture depicted as 102 in Figure 3) having a flat surface with a circular cavity that is sized and configured to freely rotationally receive said button shaped protrusion (Figure 1-4), said one-half spherical structure has an outer surface that has a constant radius arc that matches said support surrounding sidewall terminating portion constant radius arc inside surface (Figure 1-4), said one-half spherical structure further has a neck portion (the center lumen portion of the aperture 102 in Figure 3) extending from said one-half spherical structure constant radius outer surface, wherein said neck portion extends opposite from said flat surface circular cavity along said primary longitudinal axis, said neck portion terminates in said substantially planar support surface that is positioned substantially perpendicular to said primary longitudinal axis, wherein positionally said base, said support surrounding sidewall (Figure 3), said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis (Figure 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the electrical stimulation delivery means of Schepis to the electrical stimulation delivery means of Oesau since employing electrical switch assemblies to deliver electrical stimulation (as employed by Oesau) are extremely well known in the electrical stimulation art. As such, employing the electrical stimulation delivery means of an electrical switch assembly (such as the one disclosed by Oesau) within the electrical stimulation garment of Schepis would provide the predictable results of employing a known technique with a particular element to yield the same predictable results of delivering electrical stimulation. Furthermore, the modification would provide the predictable results of ensuring the electrical stimulation is only applied when sufficient pressure is exerted to close the electrical switch and deliver current to prevent unwanted stimulation being applied.
Therefore, the modified Schepis et al. as applied above discloses the “dual bias omnidirectionally movable substantially planar support surface structure assembly moves into an operational position state via creating a second bias that exerts force on said electrode along said primary longitudinal axis away from said base to operationally exert contact force as between said electrode and the portion of the human head skin surface, even while the portion of the human head skin surface has omnidirectional movement defined as being vertically, rotationally, tilting front to back, and tilting left to right while said second bias keeps the contact force as between said electrode and the portion of the human head skin surface, and during operational removal movement of said pet grooming type of glove from the portion of the human head skin surface, said dual bias omnidirectionally movable substantially planar support surface structure assembly automatically moves into said default first bias position initial contact state position being ready for a subsequent contact of the portion of the human head skin surface (Schepis et al., Figure 1).
The modified Schepis et al. discloses the invention substantially as claimed with a primary spring, but does not explicitly disclose a second spring in addition to the primary spring. It would have been obvious to one having ordinary skill in the art at the time the invention was made to add an additional or secondary spring, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (see MPEP 2144.04). Furthermore, adding an additional spring would provide the predictable results of enabling enhanced operation and function. As such, the modified Schepis et al. discloses a secondary spring that is disposed about said secondary longitudinal axis, said secondary spring having a secondary first end portion and an opposing secondary second end portion. While the modified Schepis et al. doses not explicitly disclose said secondary spring having a spring rate K-two that is in force per unit distance that is less than said K-one spring rate, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the spring rate of the primary and secondary springs in order to provide the predictable results of optimizing function and performance to meet specific user needs and requirements.
As to claim 6, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said electrode and said control circuitry are constructed of a transcutaneous electrical nerve stimulation (TENS) system (Schepis et al., [0007]).
As to claim 7, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said base inner surface further comprises a primary spring first end portion first recess cavity that partially nests said primary spring first end portion to operationally help keep said primary spring first end portion in position about said primary longitudinal axis (Oesau, Figure 3) and said base inner surface further comprises a secondary spring first end portion second recess cavity that partially nests said secondary spring first end portion (Oesau, Figure 3; mere duplication of the essential working parts in the modified Schepis et al. (MPEP 2144.04), see above) to operationally help keep said secondary spring first end portion in position about said secondary longitudinal axis.
As to claim 8, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said disc first end portion further comprises a primary spring second end portion third recess cavity that partially nests said primary spring second end portion to operationally help keep said primary spring second end portion in position about said primary longitudinal axis (Oesau, Figure 3) and said disc first end portion further comprises a secondary spring second end portion fourth recess cavity that partially nests said secondary spring second end portion (Oesau, Figure 3; mere duplication of the essential working parts in the modified Schepis et al. (MPEP 2144.04), see above) to operationally help keep said secondary spring second end portion in position about said secondary longitudinal axis.
As to claim 9, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, Schepis et al. discloses an orthotic arch support shoe insert insole (Figure 3; [0042, 0068, 0071]) that includes a human foot side first surface and an opposing shoe sole side second surface (Figure 3); an electrode (electrode 28/30 of Figure 3; [0030-0037]) that is solely disposed and affixed upon said substantially planar support surface (Figure 3), wherein said electrode is positioned via said default first bias position initial contact state position to initially contact a portion of a human foot arch skin surface to facilitate a soft contact of the portion of the human foot arch skin surface (Figure 3; [0042,0068, 0071]) and control circuitry ([0066]) that is in electrical communication with said electrode (Figure 3; [0066]), wherein said control circuitry is operative to generate the electrical impulses with particular frequency, phase, pulse versus time amounts, voltage, and ampere levels at user safe low electrical power levels that are less than one-hundred milli-amps and no more than sixty volts ([0060-0065]).
Schepis et al. discloses the invention substantially as claimed but does not explicitly disclose “a dual bias omnidirectionally movable substantially planar support surface structure assembly that includes a base with a base outer surface and an opposing base inner surface, a support surrounding sidewall with a support surrounding sidewall internal surface and an opposing support surrounding sidewall external surface, said support surrounding sidewall extends from said base about a primary longitudinal axis and said support surrounding sidewall has a support terminating portion wherein said support surrounding sidewall symmetrically arcs with a constant radius arc inward towards said primary longitudinal axis, with said constant radius arc inward having a constant radius arc inside surface and an opposing constant radius arc outside surface, with said support surrounding sidewall terminating portion terminating in an aperture that is disposed about said primary longitudinal axis, said base inner surface, said support surrounding sidewall internal surface, and said support terminating portion constant radius arc inside surface all define a support interior, a primary spring that is disposed about said primary longitudinal axis, said primary spring having a primary first end portion and an opposing primary second end portion, said primary spring having a spring rate K-one that is in force per unit distance, wherein said primary first end portion is disposed upon said base inner surface, a secondary longitudinal axis that is positioned parallel to said primary longitudinal axis, wherein said secondary longitudinal axis is further positioned in-between said primary longitudinal axis and said support surrounding sidewall internal surface, wherein said secondary first end portion is disposed upon said base inner surface, a disc having a disc first end portion and an opposing disc second end portion, said disc second end portion including a button shaped protrusion, said disc is disposed within said support interior positioned such that said disc first end portion is in contact with both said primary spring primary second end portion and said secondary spring secondary second end portion, a one-half spherical structure having a flat surface with a circular cavity that is sized and configured to freely rotationally receive said button shaped protrusion, said one-half spherical structure has an outer surface that has a constant radius arc that matches said support surrounding sidewall terminating portion constant radius arc inside surface, said one-half spherical structure further has a neck portion extending from said one-half spherical structure constant radius outer surface, wherein said neck portion extends opposite from said flat surface circular cavity along said primary longitudinal axis, said neck portion terminates in said substantially planar support surface that is positioned substantially perpendicular to said primary longitudinal axis, wherein positionally said base, said support surrounding sidewall, said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis, operationally this results in a default first bias position of said one-half spherical structure constant radius outer surface slidably contacting said constant radius arc inside surface with a portion of said primary longitudinal axis that includes said substantially planar support surface, said neck portion, said one-half spherical structure, said disc, and a portion of said primary spring”.
Oesau discloses in Figure 3 and col. 3, lines 6-17, “an electrical switch assembly 92, including a pair of stationary contacts 94 and a movable bridging element 96 yieldingly biased toward the contact bridging position by means of a compression spring 98. Also, a bridging element 96 includes an actuator shaft portion 100 which is slidably received through an aperture 102 formed in a cover plate 104 for the switch assembly 92, the cover plate 104 overlying a switch accommodating opening 106 formed in the top wall 30 of the panel-like member 28 adjacent the end wall 38 and piano hinge 42”.
Thus Oesau discloses a dual bias omnidirectionally movable substantially planar support surface structure assembly (electrical switch assembly, depicted as 92) that includes a base (bridging element, depicted as 96 in Figure 3) with a base outer surface (Figure 3; the surface of 96 that engages with the actuator shaft, depicted as 100) and an opposing base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), a support surrounding sidewall (Figure 3; the sidewalls that support contacts depicted as 94 in Figure 3) with a support surrounding sidewall internal surface and an opposing support surrounding sidewall external surface (Figure 3), said support surrounding sidewall extends from said base about a primary longitudinal axis and said support surrounding sidewall has a support terminating portion wherein said support surrounding sidewall symmetrically arcs with a constant radius arc inward towards said primary longitudinal axis (Figure 3, as seen in regards to element 92), with said constant radius arc inward having a constant radius arc inside surface and an opposing constant radius arc outside surface (Figure 3, as seen in regards to element 92), with said support surrounding sidewall terminating portion terminating in an aperture that is disposed about said primary longitudinal axis (Figure 3, as seen in regards to element 92), said base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), said support surrounding sidewall internal surface, and said support terminating portion constant radius arc inside surface all define a support interior (Figure 3, as seen in regards to element 92), a primary spring (depicted as 98 in Figure 3) that is disposed about said primary longitudinal axis (Figure 3), said primary spring having a primary first end portion and an opposing primary second end portion (Figure 3), said primary spring having a spring rate K-one that is in force per unit distance (any spring would necessarily have a spring rate that is in force per unit distance), wherein said primary first end portion is disposed upon said base inner surface (Figure 3; the surface of 96 that engages with the compression spring, depicted as 98), a secondary longitudinal axis that is positioned parallel to said primary longitudinal axis, wherein said secondary longitudinal axis is further positioned in-between said primary longitudinal axis and said support surrounding sidewall internal surface (Figure 3), a disc (cover plate depicted as 104 in Figure 3) having a disc first end portion and an opposing disc second end portion, said disc second end portion (Figures 1-4) including a button shaped protrusion (cover plate depicted as 104 in Figure 3 with aperture 102 for which the actuator shaft portion 100 is disposed through. The examiner considers the actuator shaft portion to be the button shaped protrusion. Figures 1-4), said disc is disposed within said support interior positioned such that said disc first end portion is in contact with both said primary spring primary second end portion (Figure 3); a one-half spherical structure (aperture depicted as 102 in Figure 3) having a flat surface with a circular cavity that is sized and configured to freely rotationally receive said button shaped protrusion (Figure 1-4), said one-half spherical structure has an outer surface that has a constant radius arc that matches said support surrounding sidewall terminating portion constant radius arc inside surface (Figure 1-4), said one-half spherical structure further has a neck portion (the center lumen portion of the aperture 102 in Figure 3) extending from said one-half spherical structure constant radius outer surface, wherein said neck portion extends opposite from said flat surface circular cavity along said primary longitudinal axis, said neck portion terminates in said substantially planar support surface that is positioned substantially perpendicular to said primary longitudinal axis, wherein positionally said base, said support surrounding sidewall (Figure 3), said support terminating portion, said aperture, said primary spring, said disc, said button shaped protrusion, said circular cavity, said one-half spherical structure, said neck, and said substantially planar support surface are all about said primary longitudinal axis (Figure 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the electrical stimulation delivery means of Schepis to the electrical stimulation delivery means of Oesau since employing electrical switch assemblies to deliver electrical stimulation (as employed by Oesau) are extremely well known in the electrical stimulation art. As such, employing the electrical stimulation delivery means of an electrical switch assembly (such as the one disclosed by Oesau) within the electrical stimulation garment of Schepis would provide the predictable results of employing a known technique with a particular element to yield the same predictable results of delivering electrical stimulation. Furthermore, the modification would provide the predictable results of ensuring the electrical stimulation is only applied when sufficient pressure is exerted to close the electrical switch and deliver current to prevent unwanted stimulation being applied.
Therefore, the modified Schepis et al. as applied above discloses “dual bias omnidirectionally movable substantially planar support surface structure assembly moves into an operational position state via creating a second bias that exerts force on said electrode along said primary longitudinal axis away from said base to operationally exert contact force as between said electrode and the portion of the human foot arch skin surface, even while the portion of the human foot arch skin surface has omnidirectional movement defined as being vertically, rotationally, tilting front to back, and tilting left to right while said second bias keeps the contact force as between said electrode and the portion of the human foot arch skin surface, and during operational removal movement of said human foot side first surface from the portion of the human foot arch skin surface, said dual bias omnidirectionally movable substantially planar support surface structure assembly automatically moves into said default first bias position initial contact state position being ready for a subsequent contact of the portion of the human foot arch skin surface” (Schepis et al., Figure 3).
The modified Schepis et al. discloses the invention substantially as claimed with a primary spring, but does not explicitly disclose a second spring in addition to the primary spring. It would have been obvious to one having ordinary skill in the art at the time the invention was made to add an additional or secondary spring, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (see MPEP 2144.04). Furthermore, adding an additional spring would provide the predictable results of enabling enhanced operation and function. As such, the modified Schepis et al. discloses a secondary spring that is disposed about said secondary longitudinal axis, said secondary spring having a secondary first end portion and an opposing secondary second end portion. While the modified Schepis et al. doses not explicitly disclose said secondary spring having a spring rate K-two that is in force per unit distance that is less than said K-one spring rate, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the spring rate of the primary and secondary springs in order to provide the predictable results of optimizing function and performance to meet specific user needs and requirements.
As to claim 10, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said electrode and said control circuitry are constructed of a transcutaneous electrical nerve stimulation (TENS) system (Schepis et al., [0007]).
As to claim 11, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said base inner surface further comprises a primary spring first end portion first recess cavity that partially nests said primary spring first end portion to operationally help keep said primary spring first end portion in position about said primary longitudinal axis (Oesau, Figure 3) and said base inner surface further comprises a secondary spring first end portion second recess cavity that partially nests said secondary spring first end portion (Oesau, Figure 3; mere duplication of the essential working parts in the modified Schepis et al. (MPEP 2144.04), see above) to operationally help keep said secondary spring first end portion in position about said secondary longitudinal axis.
As to claim 12, as best understood in light of the rejection under 35 U.S.C. 112 as detailed above, the modified Schepis et al. discloses said disc first end portion further comprises a primary spring second end portion third recess cavity that partially nests said primary spring second end portion to operationally help keep said primary spring second end portion in position about said primary longitudinal axis (Oesau, Figure 3) and said disc first end portion further comprises a secondary spring second end portion fourth recess cavity that partially nests said secondary spring second end portion (Oesau, Figure 3; mere duplication of the essential working parts in the modified Schepis et al. (MPEP 2144.04), see above) to operationally help keep said secondary spring second end portion in position about said secondary longitudinal axis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M ALTER whose telephone number is (571)272-4939. The examiner can normally be reached M-F 8am-4pm.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David E Hamaoui can be reached at (571) 270-5625. 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.
/ALYSSA M ALTER/Primary Examiner, Art Unit 3796