DETAILED ACTION
This Office Action is responsive to the Amendment filed 13 July 2026. Claims 1 - 20 are now pending. The Examiner acknowledges the amendments to claims 1 and 10.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 – 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant points out paragraph [0008] and [0036] in specification to teach the limitation “wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies”. However, examiner interprets paragraph [0008] and [0036] does not explicitly describe/explain “a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies”. Additionally, the limitation “a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies” as new matter.
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 – 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 and 10, the limitation “a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies” is unclear as it raises the question what that entails, considering “Any negative limitation or exclusionary proviso must have basis in the original disclosure.” as recited in MPEP 2173.05(i).
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.
Claims 1 – 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mayo et al (WO 2019175289 A1, hereinafter Mayo) in view of Burnett (US 20030158585 A1) in further view of Gangwish et al (US 20170072210 A1, hereinafter Gangwish) in further view of Popescu et al (US 20210046315 A1, hereinafter “Popescu”) in further view of Pfeifer (US 20180318585 A1, hereinafter “Pfeifer”).
Regarding claim 1, Mayo teaches a system for generating symphonic pulsed electromagnetic fields (PEMFs) (Figure 1), the system (Figure 1) comprising:
a handheld coil (inside “mobile telecommunications device 101”, Figure 1, Examiner interprets the “mobile telecommunications device 101” includes a coil in order to “emit a PEMF” [0072] and can be held in a hand.);
a data store (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]) comprising a library of predetermined symphonic frequency profiles (PSFPs) defining a plurality of time varying symphonic PEMFs (“the electrical signal to incrementally or gradually increase (or decrease) over time will cause the frequency of the emitted PEMF to increase (or decrease) over time”, [0054]; “the PEMF frequencies can be varied randomly or alternately above and below a fixed frequency with respect to time or in a fixed pattern over time within a range above and/or below a fixed frequency or arranged in random order of magnitude with respect to time within a range above and/or below a fixed frequency.”, [00113]; [0116] – [00123]; [00141]); and
a symphonic frequency therapy device (SFTD) (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1) configured to drive the handheld coil (inside “mobile telecommunications device 101”) to generate a symphonic PEMF (Figure 1, “emit a PEMF”, [0072]); wherein, in response to an activation signal (“signal”, [0099 - 00105], Figure 6), the SFTD (101) performs symphonic PEMF generation operations ([0099 - 00105], Figure 6), the operations comprising:
receive, in response to a selection signal, at least one PSFP from the library ([0099 - 00105], Figure 6); and
drive the handheld coil (inside “mobile telecommunications device 101”, Figure 1) to generate a time-varying symphonic PEMF (“the electrical signal to incrementally or gradually increase (or decrease) over time will cause the frequency of the emitted PEMF to increase (or decrease) over time”, [0054]; “the PEMF frequencies can be varied randomly or alternately above and below a fixed frequency with respect to time or in a fixed pattern over time within a range above and/or below a fixed frequency or arranged in random order of magnitude with respect to time within a range above and/or below a fixed frequency.”, [00113]; [0116] – [00123]; [00141]) defined by the at least one PSFP (Figure 6),
the time-varying symphonic PEMF ([00113]; [0116] – [00123]; [00141]) being composed of N sine waves (Mayo: “sine wave” and “desired functional frequencies” [0076]),
the at least frequencies comprising frequencies selected (“subject then chooses an option”, [0032]).
The modified invention of Mayo does not teach a solenoidal coil and each of four orders of magnitude starting at 10 Hz, the PEMF being composed of N superimposed waves, wherein N is at least 50 distinct simultaneous frequencies at a time, the at least 50 simultaneous frequencies comprising frequencies selected, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Burnett discloses an “electromagnetic stimulating system and components configured to provide stimulation to tissues of the human body, including nerves, muscles (including superficial and deep muscles), or other body tissues without significant discomfort to the patient” (abstract) and teaches a solenoidal coil.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo to incorporate a solenoidal coil, as taught by Burnett, for the benefit of “creat[ing] pulsed electromagnetic fields inside the coil that are relatively uniform throughout, with a peak field strength at the center of the coil” (Burnett: [0007]).
The modified invention of Mayo and Burnett does not teach each of four orders of magnitude starting at 10 Hz, N superimposed waves, wherein N is at least 50 distinct simultaneous frequencies at a time, the at least 50 simultaneous frequencies comprising frequencies selected, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Mayo teaches a PEMF emitted of between 10 and 3000 Hz frequencies ([00165]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the time-varying symphonic PEMF of Mayo and Burnett by having a user group and select parameters from each of four orders of magnitude starting at 10 Hz as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05 (II)(A). Examiner interprets each of four orders of magnitude starting at 10 Hz as frequencies between 10 Hz and 10000 Hz.
The modified invention of Mayo and Burnett does not teach N superimposed waves, wherein N is at least 50 distinct simultaneous frequencies at a time, the at least 50 simultaneous frequencies comprising frequencies selected, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Gangwish discloses a “method including use of physiological data from an individual to determine the emission pattern of a pulsed electromagnetic field "PEMF" so that the pattern is personalised to the physiological needs of the individual” and teaches teach the PEMF comprising multiple simultaneous frequencies (“multiple sets of frequencies, for example catalyst and PEMF frequencies, can simply be applied simultaneously through a single coil or antenna.”, [0050], [0048] – [0050]), and the multiple simultaneous frequencies comprising frequencies selected (“the frequencies of an electromagnetic catalyst can easily be changed, and thus, multiple catalysts can be used in a session in a preprogrammed fashion”, [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo and Burnett to incorporate the PEMF comprising multiple simultaneous frequencies, and the multiple simultaneous frequencies comprising frequencies selected, as taught by Gandwish, for the benefit of “improv[ing] the effectiveness of the treatment in patients” (Gangwish: [0048]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo, Burnett and Gangwish by having the multiple simultaneous frequencies be at least 50 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05 (II)(A). Lastly, applicant appears to have placed no criticality on the claimed value of 50.
The modified invention of Mayo, Burnett and Gangwish does not teach N superimposed waves, wherein N is at least distinct frequencies at a time, and wherein each sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Popescu discloses a technique that modifies the pulsing gradient fields and teaches N superimposed waves, wherein N is at least distinct frequencies at a time (“the one or more superimposed pulses having a different amplitude and frequency” claim 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo, Burnett and Gangwish to incorporate N superimposed waves, wherein N is at least distinct frequencies at a time, as taught by Popescu, for the benefit of providing the desirable treatment for patients.
The modified invention of Mayo, Burnett, Gangwish and Popescu does not teach wherein each sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Pfeifer discloses “electro-stimulation schemes for treatment of biological tissue” ([0002]) and teaches each sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves (“a predetermined sequence [increasing and decreasing the intensity in a waveform manner, (e.g. sine wave, square wave, triangle wave, etc.) and quickly or gradually over time and quantified in Hertz or cycles per second, (e.g., a 3 Hz sine wave for 1 minute moving between a lower and a higher microamperage “window of intensity” that said window can vary systematically and/or randomly and sequentially, etc.)] while keeping the AC frequency and/or DC current specific and/or systematically and/or randomly changing and superimposed on the modulating current intensity “waveform.”” [0088]; [0089]; [0090]; [0099]), and wherein the sine waves define a predetermined composite electromagnetic field profile (“the composite signal will have a different profile” [0065]; “current/signal profiles” [0083]) that is emitted without sequential switching or time-varying selection of individual frequencies ([0083], [0088] – [0095]; [0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo, Burnett, Gangwish and Popescu such that teach wherein each sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies, as taught by Pfeifer, for the benefit of providing the necessary treatment to the patient (Pfeifer: [0007]; [0099]).
Regarding claim 2, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 1. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the selection signal ([0099 - 00105], Figure 6) is generated by a portable device (“mobile telecommunications devices”, [0077]; [00129]) in wireless communication (“wireless telecommunication”, [0077]) between the SFTD (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1) and the data store (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]),
the portable device ([0077], [00129]) is provided with a program of instructions tangibly embodied on a computer readable medium (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]; Examiner interprets a computer can read the “data stored in another mobile telecommunications device, server, network or cloud”.), and,
when the instructions are executed on a processor (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1), the portable device ([0077], [00129]) causes control operations ([0099 - 00105], Figure 6; [00129]) to be performed to generate the symphonic PEMF ([0099 - 00105], Figure 6; [00129]), the control operations comprising:
select the at least one PSFP from the data store ([0099 - 00105], Figure 6; [00129]);
retrieve the at least one PSFP from the data store ([0099 - 00105], Figure 6; [00129]);
transmit the at least one PSFP to the SFTD (101) ([0099 - 00105], Figure 6; [00129]); and,
activate the at least one PSFP on the SFTD (101) such that the SFTD (101) drives the handheld solenoidal coil (inside “mobile telecommunications device 101”, Figure 1, Examiner interprets the “mobile telecommunications device 101” includes a solenoidal coil in order to “emit a PEMF” [0072] and can be held in a hand.) to generate the time-varying symphonic PEMF defined by the at least one PSFP ([0099 - 00105], Figure 6).
Regarding claim 3, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 2. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the control operations ([0099 - 00105], Figure 6; [00129]) further comprise user-interface operations (“a keypad 155, LED screen” of “mobile telecommunications device 101”, [0072]; Figure 6), the user-interface operations comprising:
display a plurality of PSFPs, (“LED screen”, [0072]; [00139]);
receive a user input corresponding to a user selected PSFP ([0043], [0045], [00139]); and
perform the control operations ([0099 - 00105], Figure 6; [00129]) based on the user selected PSFP as the at least one PSFP ([0099 - 00105], Figure 6; [00129]).
Regarding claim 4, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 2. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the portable device (“mobile telecommunications devices”, [0077]; [00129]) in wireless communication (“wireless telecommunication”, [0077]) is further in wireless communication with a recommendation module (“adjustment of the protocol/algorithm(s)”, [0013]; Figure 6; Examiner interprets “protocol/algorithm(s)” as a recommendation module.) ([0077]),
the control operations ([0099 - 00105], Figure 6; [00129]) further include PSFP recommendation operations,
the PSFP recommendation operations (“adjustment of the protocol/algorithm(s)”, [0013]; Figure 6) comprising:
provide metadata (“feedback loop”, [0017]; [00115]) to the recommendation module (“adjustment of the protocol/algorithm(s)”, [0013]; Figure 6; Examiner interprets “protocol/algorithm(s)” as a recommendation module.); and
receive a signal corresponding to at least one recommended PSFP from the recommendation module based on the metadata (“feedback loop”, [0017]; [00115]) (Figure 6).
Regarding claim 5, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 4. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the metadata includes biofeedback data (“feedback loop”, [0017]; abstract; [00115]).
Regarding claim 6, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 5. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the portable device (“mobile telecommunications devices”, [0077]; [00129]) is operably coupled (“connected to the processor”, [0031], Examiner interprets processor inside the portable device.) to at least one sensor (“sensor”, [0030] – [0032]) configured to capture the biofeedback data ([0030] – [0032]).
Regarding claim 7, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 4. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the metadata includes behavioral information (“behaviour or movement of the subject”, [0020]) associated with a user of the system ([0020]).
Regarding claim 8, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 4. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the portable device (“mobile telecommunications devices”, [0077]; [00129]) in wireless communication (“wireless telecommunication”, [0077]) is configured to generate a display (“LED screen”, [0072]) of the at least one recommended PSFP for user selection ([0072]; [00139]).
Regarding claim 9, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 1. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the at least one PSFP includes frequency (Mayo: “desired functional frequencies”, [0076]), phase ([0076]), and amplitude (Mayo: “amplitude modulation”, [0076]) parameters for multiple sine waves (Mayo: “sine wave”, [0076]) corresponding to the at least 50 simultaneous frequencies (Mayo: [0076]).
Regarding claim 10, Mayo teaches a system for generating symphonic pulsed electromagnetic fields (PEMFs) (Figure 1), the system (Figure 1) comprising:
a coil (inside “mobile telecommunications device 101”, Figure 1, Examiner interprets the “mobile telecommunications device 101” includes a coil in order to “emit a PEMF” [0072].);
a data store (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]) comprising a library of predetermined symphonic frequency profiles (PSFPs) defining a plurality of time varying symphonic PEMFs (“the electrical signal to incrementally or gradually increase (or decrease) over time will cause the frequency of the emitted PEMF to increase (or decrease) over time”, [0054]; “the PEMF frequencies can be varied randomly or alternately above and below a fixed frequency with respect to time or in a fixed pattern over time within a range above and/or below a fixed frequency or arranged in random order of magnitude with respect to time within a range above and/or below a fixed frequency.”, [00113]; [0116] – [00123]; [00141]); and
a SFTD (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1) configured to drive the coil (inside “mobile telecommunications device 101”) to generate a symphonic PEMF (Figure 1, “emit a PEMF”, [0072]), wherein, in response to an activation signal (“signal”, [0099 - 00105], Figure 6), the SFTD (101) performs symphonic PEMF generation operations ([0099 - 00105], Figure 6), the operations comprising:
receive, in response to a selection signal, at least one PSFP from the library ([0099 - 00105], Figure 6); and,
drive the coil (inside “mobile telecommunications device 101”, Figure 1) to generate a time-varying symphonic PEMF (“the electrical signal to incrementally or gradually increase (or decrease) over time will cause the frequency of the emitted PEMF to increase (or decrease) over time”, [0054]; “the PEMF frequencies can be varied randomly or alternately above and below a fixed frequency with respect to time or in a fixed pattern over time within a range above and/or below a fixed frequency or arranged in random order of magnitude with respect to time within a range above and/or below a fixed frequency.”, [00113]; [0116] – [00123]; [00141]) defined by the at least one PSFP (Figure 6),
the time-varying symphonic PEMF ([00113]; [0116] – [00123]; [00141]) being composed of N sine waves (Mayo: “sine wave” and “desired functional frequencies” [0076]),
the at least frequencies comprising frequencies selected (“subject then chooses an option”, [0032]).
The modified invention of Mayo does not teach a solenoidal coil and each of four orders of magnitude starting at 10 Hz, the PEMF being composed of N superimposed waves, the PEMF comprising at least 50 simultaneous frequencies, the at least 50 simultaneous frequencies comprising frequencies selected, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Burnett discloses an “electromagnetic stimulating system and components configured to provide stimulation to tissues of the human body, including nerves, muscles (including superficial and deep muscles), or other body tissues without significant discomfort to the patient” (abstract) and teaches a solenoidal coil.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo to incorporate a solenoidal coil, as taught by Burnett, for the benefit of “creat[ing] pulsed electromagnetic fields inside the coil that are relatively uniform throughout, with a peak field strength at the center of the coil” (Burnett: [0007]).
The modified invention of Mayo and Burnett does not teach each of four orders of magnitude starting at 10 Hz, N superimposed waves, wherein N is at least 50 distinct simultaneous frequencies at a time, the at least 50 simultaneous frequencies comprising frequencies selected, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Mayo teaches a PEMF emitted of between 10 and 3000 Hz frequencies ([00165]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the time-varying symphonic PEMF of Mayo and Burnett by having a user group and select parameters from each of four orders of magnitude starting at 10 Hz as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05 (II)(A). Examiner interprets each of four orders of magnitude starting at 10 Hz as frequencies between 10 Hz and 10000 Hz.
The modified invention of Mayo and Burnett does not teach N superimposed waves, wherein N is at least 50 distinct simultaneous frequencies at a time, the at least 50 simultaneous frequencies comprising frequencies selected, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Gangwish discloses a “method including use of physiological data from an individual to determine the emission pattern of a pulsed electromagnetic field "PEMF" so that the pattern is personalised to the physiological needs of the individual” and teaches teach the PEMF comprising multiple simultaneous frequencies (“multiple sets of frequencies, for example catalyst and PEMF frequencies, can simply be applied simultaneously through a single coil or antenna.”, [0050], [0048] – [0050]), and the multiple simultaneous frequencies comprising frequencies selected (“the frequencies of an electromagnetic catalyst can easily be changed, and thus, multiple catalysts can be used in a session in a preprogrammed fashion”, [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo and Burnett to incorporate teach the PEMF comprising multiple simultaneous frequencies, and the multiple simultaneous frequencies comprising frequencies selected, as taught by Gandwish, for the benefit of “improv[ing] the effectiveness of the treatment in patients” (Gangwish: [0048]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo, Burnett and Gangwish by having the multiple simultaneous frequencies be 50 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05 (II)(A). Lastly, applicant appears to have placed no criticality on the claimed value of 50.
The modified invention of Mayo, Burnett and Gangwish does not teach N superimposed waves, wherein N is at least distinct frequencies at a time, and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Popescu discloses a technique that modifies the pulsing gradient fields and teaches N superimposed waves, wherein N is at least distinct frequencies at a time (“the one or more superimposed pulses having a different amplitude and frequency” claim 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo, Burnett and Gangwish to incorporate N superimposed waves, wherein N is at least distinct frequencies at a time, as taught by Popescu, for the benefit of providing the desirable treatment for patients.
The modified invention of Mayo, Burnett, Gangwish and Popescu does not teach and wherein each of the N superimposed sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the N superimposed sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies.
However, Pfeifer discloses “electro-stimulation schemes for treatment of biological tissue” ([0002]) and teaches each sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves (“a predetermined sequence [increasing and decreasing the intensity in a waveform manner, (e.g. sine wave, square wave, triangle wave, etc.) and quickly or gradually over time and quantified in Hertz or cycles per second, (e.g., a 3 Hz sine wave for 1 minute moving between a lower and a higher microamperage “window of intensity” that said window can vary systematically and/or randomly and sequentially, etc.)] while keeping the AC frequency and/or DC current specific and/or systematically and/or randomly changing and superimposed on the modulating current intensity “waveform.”” [0088]; [0089]; [0090]; [0099]), and wherein the sine waves define a predetermined composite electromagnetic field profile (“the composite signal will have a different profile” [0065]; “current/signal profiles” [0083]) that is emitted without sequential switching or time-varying selection of individual frequencies ([0083], [0088] – [0095]; [0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mayo, Burnett, Gangwish and Popescu such that teach wherein each sine waves has a predetermined frequency, amplitude, and phase relationship relative to the other sine waves, and wherein the sine waves define a predetermined composite electromagnetic field profile that is emitted without sequential switching or time-varying selection of individual frequencies, as taught by Pfeifer, for the benefit of providing the necessary treatment to the patient (Pfeifer: [0007]; [0099]).
Regarding claim 11, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 10. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the solenoidal coil is configured to be held in a human hand (The solenoidal coil inside is “mobile telecommunications device 101”, Figure 1, Examiner interprets the “mobile telecommunications device 101” includes a solenoidal coil in order to “emit a PEMF” [0072] and can be held in a hand.).
Regarding claim 12, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 10. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the control operations ([0099 - 00105], Figure 6; [00129]) further comprise user-interface operations (“a keypad 155, LED screen” of “mobile telecommunications device 101”, [0072]; Figure 6), the user-interface operations comprising:
display a plurality of PSFPs (“LED screen”, [0072]; [00139]);
receive a user input corresponding to a user selected PSFP ([0043], [0045], [00139]); and
perform the control operations ([0099 - 00105], Figure 6; [00129]) based on the user selected PSFP as the at least one PSFP ([0099 - 00105], Figure 6; [00129]).
Regarding claim 13, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 10. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the selection signal ([0099 - 00105], Figure 6) is generated by a portable device (“mobile telecommunications devices”, [0077]; [00129]) in wireless communication between the SFTD (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1) and the data store (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]),
the portable device ([0077], [00129]) is provided with a program of instructions tangibly embodied on a computer readable medium (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]; Examiner interprets a computer can read the “data stored in another mobile telecommunications device, server, network or cloud”.), and,
when the instructions are executed on a processor (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1), the portable device ([0077], [00129]) causes control operations ([0099 - 00105], Figure 6; [00129]) to be performed to generate the symphonic PEMF ([0099 - 00105], Figure 6; [00129]), the control operations comprising:
select the at least one PSFP from the data store ([0099 - 00105], Figure 6; [00129]);
retrieve the at least one PSFP from the data store ([0099 - 00105], Figure 6; [00129]);
transmit the at least one PSFP to the SFTD (101) ([0099 - 00105], Figure 6; [00129]); and,
activate the at least one PSFP on the SFTD (101) such that the SFTD (101) drives the solenoidal coil (inside “mobile telecommunications device 101”, Figure 1, Examiner interprets the “mobile telecommunications device 101” includes a solenoidal coil in order to “emit a PEMF” [0072] and can be held in a hand.) to generate the time-varying symphonic PEMF defined by the at least one PSFP ([0099 - 00105], Figure 6).
Regarding claim 14, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 13. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the portable device (“mobile telecommunications devices”, [0077]; [00129]) is further in wireless communication (“wireless telecommunication”, [0077]) with a recommendation module (“adjustment of the protocol/algorithm(s)”, [0013]; Figure 6; Examiner interprets “protocol/algorithm(s)” as a recommendation module.),
the control operations ([0099 - 00105], Figure 6; [00129]) further include PSFP recommendation operations,
the PSFP recommendation operations (“adjustment of the protocol/algorithm(s)”, [0013]; Figure 6) comprising:
provide metadata (“feedback loop”, [0017]; [00115]) to the recommendation module (“adjustment of the protocol/algorithm(s)”, [0013]; Figure 6; Examiner interprets “protocol/algorithm(s)” as a recommendation module.); and
receive a signal corresponding to at least one recommended PSFP from the recommendation module based on the metadata (“feedback loop”, [0017]; [00115]) (Figure 6).
Regarding claim 15, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 14. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the metadata includes biofeedback data (“feedback loop”, [0017]; abstract; [00115]).
Regarding claim 16, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 15. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the portable device (“mobile telecommunications devices”, [0077]; [00129]) is operably coupled (“connected to the processor”, [0031], Examiner interprets processor inside the portable device.) to at least one sensor (“sensor”, [0030] – [0032]) configured to capture the biofeedback data ([0030] – [0032]).
Regarding claim 17, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 14. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the metadata includes behavioral information (“behaviour or movement of the subject”, [0020]) associated with a user of the system ([0020]).
Regarding claim 18, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 14. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the portable device (“mobile telecommunications devices”, [0077]; [00129]) is configured to generate a display (“LED screen”, [0072]) of the at least one recommended PSFP for user selection ([0072]; [00139]).
Regarding claim 20, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 10. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the at least one PSFP includes frequency (“desired functional frequencies”, [0076]), phase ([0076]), and amplitude (“amplitude modulation”, [0076]) parameters for multiple sine waves (“sine wave”, [0076]) corresponding to the at least 50 simultaneous frequencies ([0076]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Mayo, Burnett, Gangwish, Popescu and Pfeifer in view of Tepper et al (US 6024691 A, hereinafter Tepper).
Regarding claim 19, Mayo, Burnett, Gangwish, Popescu and Pfeifer teach all limitations of claim 10. The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer teaches the SFTD (“mobile telecommunications device 101 arranged to emit a PEMF”, [0072], Figure 1) comprises:
downloading a PSFP (“memory device accessible by the processor, or may be obtained by via downloading or accessing data stored in another mobile telecommunications device, server, network or cloud”, [00129]);
ready to deliver a downloaded PSFP ([00129]); and
currently driving the downloaded PSFP ([0099 - 00105], Figure 6; [00129]).
The modified invention of Mayo, Burnett, Gangwish, Popescu and Pfeifer does not teach a status indicator to indicate a status.
However, Tepper discloses “electromagnetic field therapy that promotes healing of bones and other body tissues, and more particularly to a collar for cervical electromagnetic field therapy” (column 1, lines 6 – 9, Figure 2) and teaches a status indicator (“indicator lights 22 - 24”, lines 26 - 27) to indicate a status (column 4, lines 26 – 33, Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the SFTD of Mayo, Burnett, Gangwish, Popescu and Pfeifer to incorporate a status indicator to indicate a status, as taught by Tepper, for the benefit of informing the practitioner and patient the different stages/process of treatment as well as battery conditions (Tepper: column 4, lines 26 - 33).
Response to Arguments
Applicant’s arguments, see page 8, filed 13 July 2026, with respect to 35 U.C.S. 112(a) and 112(b) rejections have been fully considered and are persuasive in light of the amendments. The 35 U.C.S. 112(a) and 112(b) rejections for claims 1 - 20 of 23 March 2026 have been withdrawn.
Applicant’s arguments, pages 8 – 9, filed 13 July 2026, with respect to independent claim(s) 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JULIE THI TRAN/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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