Detailed Notice
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 .
Election/Restrictions
Claim 1 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/16/2025.
Applicant’s response to the restriction further states that no unity of invention was broken by the application of Foo (US 20170252439 A1) to teach to Claim 11. This is not compelling or correct, as the structure of Foo clearly discloses the structure of Claim 11, meaning that there is no distinguishing technical invention above the prior art. Accordingly, as there is no unity of invention between 1, 11, and 21 in view of Foo, and that applicant has withdrawn Claim 1, it is understood that Claim 21-22 will also be withdrawn as belonging to an unelected group.
Response to Amendment
Applicant’s amendment filed 10/16/2025 has entered prosecution. Claims 11-20 are pending prosecution.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13-15 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. Specifically applicant requires that varying low, medium and high frequency range time varying waves are produced, but fails to give values to define the metes and bounds of these terms. Accordingly, for compact prosecution, it is understood the instant claims merely require the production of waves at some frequency.
Claim 17 is 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. The instant claim requires that “high electric field and low magnetic field” are produced, but fails to supply values to define the metes and bounds of the claims. Accordingly, it is understood that the claim merely requires that an electric field and a magnetic field are produced.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foo (US 20170252439 A1).
Regarding Claim 11 and 19, Foo teaches an method for applying electromagnetic fields to foods and beverages to enhance physiological processes [0014] and Fig. 1. Foo teaches an apparatus with a power supply unit [0059] which is connected to a circuit board or microcontroller unit (understood to be a printed circuit board or printed circuit board equivalent) for driving a signal [0050] which is connected to a plurality of inductor coils [0051] for supplying electromagnetic waves to food and beverages [0051].
Regarding Claim 12, Foo teaches the method for applying electromagnetic fields to food and beverages comprises a power supply unit may be a battery or a DC supply rectified from an AC current source [0049].
Regarding Claim 13-16, Foo teaches the method for applying electromagnetic fields to food and beverages comprises a plurality of coils produces varying frequencies in the range of 200 to 10,000 Hz [0051 and 0054]. The time varying frequency of the fields vary from 0.01 to 10 seconds [0054].
Regarding Claim 17 and 18, it is understood that the production of electromagnetic fields inherently produces both electric and magnetic fields [0031 and 0050].
Regarding Claim 20, Foo teaches the method for applying electromagnetic fields to food and beverages comprises an apparatus which includes a PCB that converts DC to time varying electromagnetic waves [0050] with varying frequency [0057]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL J DOWNES whose telephone number is (571)272-1141. The examiner can normally be reached 8am to 5pm.
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, James Lin can be reached at (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATHANAEL JASON. DOWNES
Examiner
Art Unit 1794
/NATHANAEL JASON DOWNES/Examiner, Art Unit 1794
/BRIAN W COHEN/Primary Examiner, Art Unit 1759