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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/02/2025 has been entered.
Response to Amendment
The amendment filed 11/02/2025 has been entered. Claims 1, 4-8 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Final Office Action mailed 08/08/2025.
Response to Arguments
Applicant's arguments with respect to claims 1, 4-8 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. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
Claim Interpretation
The use “for” in the claim is seen as intended use and therefore is given limited patentable weight and the prior art used below would be capable of performing the “for” function based on structure.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1 is being interpreted under 35 U.S.C 112(f) for the recitation of “first magnetic unit”. Examiner is interpreting this as any element that can use the physical characteristics of the magnetic field distance of a magnetic substance as specified in the specification on page 6 lines 16-21.
Claim 1 is being interpreted under 35 U.S.C 112(f) for the recitation of “a filtering unit”. Examiner is interpreting this as any element that can filter out low frequency power waves as specified in the specification on page 9 lines 23-24.
Claim 1 is being interpreted under 35 U.S.C 112(f) for the recitation of “an amplifying unit”. Examiner is interpreting this as any element that performs an amplifying process to generate an output energy signal as specified in the specification on page 10 lines 2-4.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C 103 as being unpatentable over Markin et al. (US 20020138099) herein referred to as Markin in view of Delphini (US 11596802) herein referred to as Delphini.
Regarding Claim 1, Markin discloses A biological energy signal acquisition and conversion device (Figure 1), characterized in that the device comprises: a signal acquisition module (Figure 2), comprising a first magnetic unit (Figure 2, 13), and a signal receiving unit (Figure 2, 7), wherein the first magnetic unit is for enhancing a biological energy signal, exciting an original biological energy body, and extracting an original biological energy signal (Paragraph [0011]; wherein device allows for enhancing of a biological energy signal); a signal processing module (Paragraph [0028]; wherein signal processing module is not shown), comprising a filtering unit (Paragraph [0028]; wherein nonlinear filtration occurs) and an amplifying unit (Figure 2, 12), electrically connected to the signal acquisition module to receive the original biological energy signal and process filtering and amplifying on the original biological energy signal to generate an output energy signal (Figure 2; Paragraph [0028]); and wherein the signal processing module is electrically connected to the signal receiving unit (Figure 2; wherein the signal processing module is a part of the signal receiving unit therefore are electrically connected); and a signal output unit (Figure 2, 10 & 11), comprising a coil and a tube body (Figure 2, 10 & 11), which is electrically connected to the signal processing module to receive the output energy signal and transmit the output energy signal to a biological energy carrier (Figure 2; wherein the signal output unit feds into the amplifier of the signal processing unit 12 and transmits output energy to biological energy carrier 9); wherein the device is provided with an output terminal (Paragraph [0030]; output amplifier is seen as the output terminal which is connected to the input of apparatus 2), and the output terminal is electrically connected to the signal processing module (Figure 2; wherein output amplifier 21 is electrically connected to the amplifier of signal processing module); and the signal receiving unit arranged in the device and receiving the original biological energy signal (Figure 2; wherein signal receiving unit is the device 7, and receives the original biological energy signal through the amplifier 12); wherein the first magnetic unit is arranged in the device and corresponding to the signal receiving unit (Figure 2; wherein magnetic unit is arranged in the device 7 is a part of the signal receiving unit), and an accommodating space is formed between the first magnetic unit and the signal receiving unit (Figure 2, 10); wherein the tube body has a carrier accommodating space (Figure 2; wherein 9 sits in the accommodating space 10), and the other end of the tube body has an input terminal which is electrically connected to the output terminal of the signal processing module (Figure 2, wherein 10 input feds directly into the terminal of the signal processing module), the opening of the tube body is connected to the carrier accommodating space of the tube body (Figure 2, 10): the coil is wound around the tube body and is electrically connected to the input terminal (Figure 2, 11; Paragraph [0030]; wherein coil 11 is electrically connected to the processing unit and the magnetic unit, therefore is connected to the input and output terminals): wherein the carrier accommodating space is for placing the biological energy carrier (Figure 2, 9 & 10), and the biological energy carrier receives the output energy signal of the coil (Paragraph [0036]): and wherein the original biological energy body is a normal or pathological organism, an energy body constituted by biological derivatives, or the biological energy carrier (Figure 1, 1). However, Markin does not explicitly disclose a carrying box wherein the signal processing module is arranged in the carrying box; one of two opposite ends of the tube body is formed with an opening; and the other end of the tube body has an input terminal which is electrically connected to the output terminal of the signal processing module through a wire.
Delphini discloses a biological energy signal acquisition and conversion device (Figure 1A) comprising a carrying box (Figure 1B) wherein the signal processing module is arranged in the carrying box (Figure 1, 200; Figure 2, 218); one of two opposite ends of the tube body is formed with an opening (See annotated Figure 1C below); and the other end of the tube body has an input terminal which is electrically connected to the output terminal of the signal processing module through a wire (Figure 1D, 142). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Markin to include the teachings of Delphini. The motivation being to have a carrying box that houses all the components and connect them (Figure 1).
Claim 4, 6-8 are rejected under 35 U.S.C 103 as being unpatentable over Markin and Delphini in further view of AI et al. (CN 201977787 – translated copy) herein referred to as LAI.
Regarding Claim 4, Markin in view of Delphini disclose the biological energy signal acquisition and conversion device of claim 1. However, Markin in view of Delphini does not explicitly disclose wherein the filtering unit is electrically connected to the signal receiving unit to receive the original biological energy signal, and performs a filtering process on the original biological energy signal to generate a filtered signal; and the amplifying unit is electrically connected to the filtering unit to receive the filtered signal, and the amplifying unit performs an amplifying process on the filtered signal to generate the output energy signal.
LAI discloses a biological energy signal acquisition and conversion device (Figure 1), wherein the filtering unit is electrically connected to the signal receiving unit to receive the original biological energy signal (Figure 1, 13 & 15; wherein the filtering unit 13 is electrically connected to the signal receiving unit 15 through the connection of 14), and performs a filtering process on the original biological energy signal to generate a filtered signal (Paragraph [0009]; wherein the filtering processes includes receives original biological energy signal from the acquisition module and filtering the exterior miscellaneous news of the signal); and the amplifying unit is electrically connected to the filtering unit to receive the filtered signal (Paragraph [0009]; wherein amplifying unit and filtering unit are one unit, the amplifying portion amplifies the electromagnetic wave), and the amplifying unit performs an amplifying process on the filtered signal to generate the output energy signal (Paragraph [0009]; wherein filtering module is connected to the acquisition module to filter while amplifying the filtered signal).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Markin and Delphini to include the filter as taught by LAI. The motivation being to filtering the exterior miscellaneous news of the signal and amplifies the electromagnetic wave (LAI, Paragraph [0009]).
Regarding Claim 6, Markin and Delphini in further view of LAI disclose the biological energy signal acquisition and conversion device of claim 4. LAI also discloses the biological energy signal acquisition and conversion device (Figure 1), wherein the signal processing module further comprises: a power-supplying unit electrically connected to the filtering unit and the amplifying unit to generate power to supply the filtering unit and the amplifying unit (Figure 1, 2; Paragraph [0032]; wherein USB 15 connects the signal processing module to the computer equipment to supply electricity in order to drive each module therefore supplies power to the filtering and amplifying unit ). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Markin and Delphini to include the filter as taught by LAI. The motivation being to to supply electricity in order to drive each module therefore supplies power to the filtering and amplifying unit (LAI, Paragraph [0032]).
Regarding Claim 7, Markin in view of Delphini disclose the biological energy signal acquisition and conversion device of claim 1. However, Markin in view of Delphini does not explicitly disclose wherein: the biological derivatives are body fluids, secretions, excreta, and epidermal keratin of normal or diseased organisms.
LAI discloses a biological energy signal acquisition and conversion device (Figure 1), wherein: the biological derivatives are body fluids, secretions, excreta, and epidermal keratin of normal or diseased organisms (Paragraph [0004]; wherein the collateral channels can increase the reflex of sweat glands therefore provide sweat which is a bodily fluid). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Markin and Delphini to include the biological derivatives as taught by LAI. The motivation being a simple substitution of a biological energy body, the human body taught by Markin, for a biological energy body, sweat taught by LAI to obtain the predictable results of enhancing a biological energy body signal (MPEP 2143 (B)).
Regarding Claim 8, Markin in view of Delphini disclose the biological energy signal acquisition and conversion device of claim 1. However, Markin in view of Delphini does not explicitly disclose, wherein: the biological energy carrier is bottled liquid, a solid material with a crystalline structure or a magnetic substance.
LAI discloses a biological energy signal acquisition and conversion device (Figure 1), wherein the biological energy carrier is bottled liquid, a solid material with a crystalline structure or a magnetic substance (Figure 1, 121; Paragraph [0028]; wherein conductive unit 121 gathers an electromagnetic signal therefore is seen as a magnetic substance). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have substituted the biological energy carrier taught by Markin in view of Delphini for the magnetic substance taught by LAI. The motivation being a simple substitution of one known biological energy carrier, a live virus taught by Markin, for another, the magnetic substance taught by LAI to obtain predictable results of enhancing a biological energy body signal (MPEP 2143 (B)).
Claim 5 is rejected under 35 U.S.C 103 as being unpatentable over Markin and Delphini in further view of Brown et al. (US 20210161460) herein referred to as Brown.
Regarding Claim 5, Markin in view of Delphini disclose the biological energy signal acquisition and conversion device of claim 1. However, Markin in view of Delphini does not explicitly disclose wherein the signal output unit further comprises: a second magnetic unit, arranged in the carrier accommodating space of the tube body, in the tube body or around the outer side of the tube body and close to the coil.
Brown discloses a biological energy signal acquisition and conversion device (Figure 1) comprising a second magnetic unit arranged in the carrier accommodating space of the tube body, in the tube body or around the outer side of the tube body and close to the coil (Figure 8, Ferrite core; wherein Ferrite is a magnet). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Markin in view of Delphini to include the second magnetic unit taught by Brown. The motivation being increasing sensitivity in front of the face of the target region whilst reducing sensitivity to adjacent regions (Brown, Paragraph [0097]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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, Joanne Rodden can be reached at 303-297-4276. 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. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794