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
Foreign Patent Document in IDS dated 06/12/2024 was lined through for listing incorrect patent number.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Figures 16A and 16B do not include the reference sign “spring pins 55” and “spring pin holes 56” mentioned in the description in at least instant application specification as-filed [0051], [0071].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “5” has been used to designate different elements (see figure 16A, 16B where reference character “5” points to multiple different structure elements).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The abstract of the disclosure is objected to because it is incomplete. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Appropriate correction is required.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 1 line 1 “An apparatus for a Magnetic Therapeutic Bracelet (MTB) comprising;” needs to be corrected to -- An apparatus for a Magnetic Therapeutic Bracelet (MTB) comprising[[;]] :--
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 5-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 6 recite the limitation "said one-piece or two-piece bands ". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “a singular apparatus such as a one-piece elastic band or an apparatus made of a plurality of parts such as a two-piece band” which renders this claim unclear. More specifically, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Dependent claims 7-9 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 7-9 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification page [0003], [0072].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Gill; Richard Austin (Pub. No.: US 6306076 B1, hereinafter referred to as “Gill”) as evidenced by Labuschagne et al. (Pub. No.: US 20200324104 A1, hereinafter referred to as “Labuschagne”).
As per independent Claim 1, Gill as evidenced by Labuschagne discloses an apparatus for a Magnetic Therapeutic Bracelet (MTB) (Gill in at least abstract, fig. 1-8, col. 1 line 66-col. 5 line 10 for example discloses relevant subject-matter. More specifically, Gill in at least fig. 1-2, col. 2 lines 36-38, col. 4 lines 44-46 for example apparatus for MTB. See at least abstract “device for treating human beings … may be attached to a strap and has a first disc-shaped magnet (1) rotatably mounted on pins (6) within a second annular magnet (3), and held in place by a plate (8)…uniform magnetic field of either polarity, or an alternating field can thus be applied to the wearer”; col. 2 lines 36-38 “magnotherapy device may comprise a strap to permit attachment of the device to a part of the body, for example the wrist”) comprising;
a magnet (Gill in at least abstract, fig. 2-4, col. 2 lines 30-32 and lines 48-54, magnet 1, 3. Gill col. 2 lines 30-32 “the outer magnet member, and/or the inner magnet member comprises a magnet mounted in a casing”);
an attaching apparatus capable of attaching to said magnet and to a human's arm (Gill in at least fig. 1-3, col. 2 lines 36-39, col. 4 lines 49-51 for example discloses an attaching apparatus/strap capable of attaching to said magnet and to a human's arm. See Gill col. 2 lines 36-39 “magnotherapy device may comprise a strap to permit attachment of the device to a part of the body, for example the wrist”; col. 4 lines 49-51 “magnotherapy device according to the invention may be provided with a plurality of straps to provide for secure fitting of the device to a part of a human”);
said magnet being of such strength and design so as to interact with a human's median nerve (Gill in at least abstract fig. 1-3, col. 2 lines 36-39, col. 5 lines 4-12 for example discloses magnet being of such strength and design so as to interact with a human's median nerve since Gill discloses positioning of the magnet on the inside of the wrist which is well-known as including the human’s median nerve as also evidenced in Labuschagne fig. 1, [0057]; col. 5 lines 4-12 “magnetic field is particularly suitable for treating areas of severe pain…produces a much more diffuse field, which is more suitable for treating conditions such as poor blood supply” ).
As per dependent Claim 2, Gill as evidenced by Labuschagne further discloses MTB wherein said magnet can be a plurality of magnets arranged with alternating poles forming a magnetic assembly (Gill in at least fig. 2-7, col. 2 lines 1-6 and lines 60-65, for example discloses magnet can be/optionally a plurality of magnets 1, 3, arranged with alternating poles forming a magnetic assembly).
As per dependent Claim 3, Gill as evidenced by Labuschagne further discloses MTB wherein said magnet can be a singular magnet with a singular north and south pole or said magnet can be a singular magnet that has been magnetized with a plurality of alternating poles (Gill in at least fig. 4, 6, col. 2 lines 60-65 discloses that when assembled, magnet can be/optionally a singular magnet with a singular north and south pole or said magnet can be a singular magnet that has been magnetized with a plurality of alternating poles).
As per dependent Claim 4, Gill as evidenced by Labuschagne further discloses MTB wherein said magnet can have its magnetic field altered by the addition of a magnetic field altering apparatus (Gill in at least col. 4 lines 51-58 for example discloses said magnet can have/optionally its magnetic field altered by the addition of a magnetic field altering apparatus/plate 8. See Gill col. 4 lines 51-58 “backing plate 8 serves a number of functions…placing of a steel plate over the magnet members increases the magnetic field strength experienced by the wearer.”).
As per dependent Claim 5, Gill as evidenced by Labuschagne further discloses MTB wherein said attaching apparatus can be a singular apparatus such as a one-piece elastic band or an apparatus made of a plurality of parts such as a two-piece band (Gill in at least fig. 1, 2, col. 2 lines 36-38, col. 4 lines 59-61 for example discloses attaching apparatus/strap can be/optionally a singular apparatus such as a one-piece elastic band or an apparatus made of a plurality of parts such as a two-piece band. See at least Gill col. 2 lines 36-38 “magnotherapy device may comprise a strap to permit attachment of the device to a part of the body, for example the wrist. The strap may be adjustable”, col. 4 lines 59-61 “magnotherapy device …may be provided with a plurality of straps to provide for secure fitting of the device to a part of a human”).
As per dependent Claim 6, Gill as evidenced by Labuschagne further discloses MTB wherein said attaching apparatus can employ the use of a housing in conjunction with said one-piece or two-piece bands thus forming said attaching apparatus (Gill in at least fig.1-4, 6, col. 2 lines 39-43, col. 4 lines 26-31 for example discloses attaching apparatus can/optionally employ the use of a housing in conjunction with said one-piece or two-piece bands/strap thus forming said attaching apparatus. Gill col. 2 lines 39-43 “device comprises at least one plug having at one end thereof a means for attachment to a strap, and at the other end thereof means for attachment to the said housing”; col. 4 lines 26-31 “a plug 12 for attachment to the magnotherapy device is provided, the said plug 12 having at one end thereof a pin 22 suitable for attachment to a wrist strap. The wrist strap is not shown since such straps are well known to those skilled in the art”).
As per dependent Claim 7, Gill as evidenced by Labuschagne further discloses attaching apparatus wherein said housing may be designed so said magnet is permanently attached to said housing or said magnet may be removably attached to said housing (Gill in at least fig. 6, col. 4 lines 26-47 for example discloses housing may be/optionally designed so said magnet is permanently attached to said housing or said magnet may be/optionally removably attached to said housing. See at least Gill col. 4 lines 26-47 “To each side of the plug 12 there is provided a sprung member having a protrusion 19 which engages with indent 20 in the casing of the outer magnet member 26, so that when the plug 12 is pushed into the casing it is retained therein. When it is desired to release the plug 12 from the casing, portions 21 are pressed inwardly until protrusion 19 is clear of indent 20, thereby allowing the plug to be withdrawn from the casing. …it may be desired to use the same strap with magnets of different strength.”).
As per dependent Claim 8, Gill as evidenced by Labuschagne further discloses attaching apparatus wherein said housing may be designed so said attaching apparatus is permanently attached to said housing or said attaching apparatus may be removably attached to said housing ( Gill in at least fig. 6, col. 4 lines 26-47 for example discloses housing may be/optionally designed so said attaching apparatus is permanently attached to said housing or said attaching apparatus may be/optionally removably attached to said housing . See at least Gill col. 4 lines 26-47 “a plug 12 for attachment to the magnotherapy device is provided, the said plug 12 having at one end thereof a pin 22 suitable for attachment to a wrist strap……When it is desired … magnotherapy device can then be rotated through 180 degrees and the plugs 12 refitted thereto to provide for a different combination of magnetic poles to face the wearer's skin”).
As per dependent Claim 9, Gill as evidenced by Labuschagne further discloses attaching apparatus wherein said magnet may be removed from one said attaching apparatus and attached to a different embodiment of said attaching apparatus (Gill in at least fig. 6, col. 4 lines 26-47 for example discloses Gill in at least fig. 6, col. 4 lines 26-47 for example discloses magnet and attaching apparatus coupling wherein said magnet may be/optionally removed from one said attaching apparatus and attached to a different embodiment of said attaching apparatus i.e. swappable. Gill col. 4 lines 26-47 “a plug 12 for attachment to the magnotherapy device is provided, the said plug 12 having at one end thereof a pin 22 suitable for attachment to a wrist strap. The wrist strap is not shown since such straps are well known to those skilled in the art. …When it is desired to release the plug 12 from the casing, portions 21 are pressed inwardly until protrusion 19 is clear of indent 20, thereby allowing the plug to be withdrawn from the casing. The magnotherapy device can then be rotated through 180 degrees and the plugs 12 refitted thereto to provide for a different combination of magnetic poles to face the wearer's skin. Alternatively, it may be desired to use the same strap with magnets of different strength.”).
As per independent Claim 10, Gill as evidenced by Labuschagne discloses a method of assembling and using a Magnetic Therapeutic Bracelet to interact with a human's median nerve (Gill in at least abstract, fig. 1-8, col. 1 line 66-col. 5 line 10 for example discloses relevant subject-matter. More specifically, Gill in at least fig. 1-2, col. 2 lines 36-38, col. 3 lines 7-9, col. 4 lines 44-46 for example discloses method of assembling and using a Magnetic Therapeutic Bracelet to interact with a human's median nerve since Gill discloses positioning of the magnet on the inside of the wrist which is well-known as including the human’s median nerve as also evidenced in Labuschagne fig. 1, [0057]. Gill in at least abstract “device for treating human beings … may be attached to a strap and has a first disc-shaped magnet (1) rotatably mounted on pins (6) within a second annular magnet (3), and held in place by a plate (8)…uniform magnetic field of either polarity, or an alternating field can thus be applied to the wearer”; col. 3 lines 7-9 for example discloses “a method of treating a human … comprising the step of fastening a magnotherapy device … to the said human”; col. 2 lines 36-38 “magnotherapy device may comprise a strap to permit attachment of the device to a part of the body, for example the wrist”) comprising:
affixing a magnet to an attaching apparatus (Gill in at least fig. 1-2, col. 2 lines 36-39, col. 4 lines 49-51 for example discloses affixing a magnet to an attaching apparatus. See Gill col. 2 lines 36-39 “magnotherapy device may comprise a strap to permit attachment of the device to a part of the body, for example the wrist”; col. 4 lines 49-51 “magnotherapy device according to the invention may be provided with a plurality of straps to provide for secure fitting of the device to a part of a human” );
using said apparatus to affix said magnet to a human's arm so as to interact with said human's median nerve (Gill in at least fig. 1-2, fig. 6, col. 2 lines 36-39, col. 4 lines 44-49 and lines 49-51 for example discloses using said apparatus to affix said magnet to a human's arm so as to interact with said human's median nerve since Gill discloses positioning of the magnet on the inside of the wrist which is well-known as including the human’s median nerve as also evidenced in Labuschagne fig. 1, [0057]; col. 4 lines 44-49 “a magnotherapy device 24 attached by means for a strap to a wearer's wrist 23”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims. US patent and publications US 20060129022, US 20100056846, US 20160338906, US 20050101828, US 20050148809, US 20060111606, US 20080246573, US 20140163306, US 4587956, US 9744374, US 20110133872, US 20130310627, US 20160310078, US 20200046993, US 20210145135, US 5993375, US 6146324, US 6344021, US 20030195381, US 5450858, US 5813971 listed in “notice of references cited” made of record and not necessarily relied upon are considered pertinent to applicant's disclosure for disclosing wearable magnetic therapy devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791