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 .
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code in paragraph [0043]. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
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 1 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 term “generally” in claim 1 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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 Johnson (US 20060287627 A1) in view of Holcomb (US 6042531 A).
Regarding to claim 1, Johnson teaches a generally-horizontal mattress (bed 100, Fig. 1) having a first end and a second end;
A generally-vertical decompression tower (tower 130, Fig. 1) disposed at the first end of the generally-horizonal mattress;
A tension strap (strap 120, Fig. 1) having a first end and second end, the first end being operably connected to the decompression tower;
A pelvic harness (harness 118, Fig. 1) operably connected to the second end of the tension strap.
Johnson fails to teach a pulsed electromagnetic field device in the mattress.
However, Holcomb teaches a pulsed electromagnetic field device (“electromagnetic device for production of an electromagnetic field”, Col. 2 lines 16-18) disposed in the generally-horizontal mattress (support structure/bed 62, Fig. 5).
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 spinal decompression device of Johnson with the electromagnetic field device affixed inside the mattress of Holcomb, as it would further provide a more effective way of relieving back pain and spinal injuries, as the decompression device of Johnson stretches the spinal region and the pulsed electromagnetic field device of Holcomb stimulates cell regeneration and reduces swelling and inflammation (“protection from cell death and the reduction of edema in intracranial hemorrhage, strokes and spinal cord injuries”, Col. 8, lines 1-4, Col. 16, lines 53-Col. 17, lines 1-19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791