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 .
Specification
The abstract of the disclosure is objected to because an abstract should consist of a single paragraph. 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).
Claim Objections
Claim 3 objected to because of the following informalities: “a third blower configured to discharge the fluid to the outside from the inside of the treatment device using a magnetic field” and “so that the fluid supplied from the first blower and the second blower is discharged to the outside of the treatment device using a magnetic field” appear to claim that the air is being discharged using a magnetic field. However, “the treatment device using a magnetic field” is a single entity that derives its antecedent basis from the preamble to claim 1. It is recommended to replace the phrase "the treatment device using a magnetic field" to "the treatment device".. Appropriate correction is required.
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.
Claims 1-5 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 duct comprises an opening formed as at least a portion of an area forming the seated surface is opened”; it is unclear what is being opened. Examiner interprets to mean the duct comprising of an opening
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 (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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Us 2019/0201706 hereinafter Schwarz.
A treatment device using a magnetic field, comprising:
a magnetic field generating coil disposed below a close contact surface that closely contacts a portion of a body (Schwarz, Paragraph 0118, 0148, items 2, 24);
a first blower and a second blower disposed symmetrically with respect to the magnetic field generating coil to supply a fluid toward the magnetic field generating coil (Schwarz, Paragraph 0078) (Schwarz, Figure 2 Item 4); and
a duct configured to provide a seated surface on which the magnetic field generating coil is seated and guide the fluid supplied from the first blower and the second blower toward the magnetic field generating coil (Schwarz, Paragraph 0447) (Schwarz, Paragraph 0133, Figure 3B Item 9),
wherein the duct comprises an opening formed as at least a portion of an area forming the seated surface is opened. (The coil being placed within the duct on a stand constitutes an opened seated surface)
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.
Claim(s) 2 - 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz in view of US 2011/0021863 hereinafter Burnett.
In regards to Claim 2: Schwarz teaches all of claim 1 and the use of multiple blowers, but does not teach of treatment device further comprising an internal electronic device disposed adjacent to the magnetic generating coil, where the opening guides the fluid so that the fluid supplied from the blowers, passes through the magnetic field generating coil and then is introduced toward the internal electronic device.
Burnett teaches an internal electronic device disposed adjacent to the magnetic field generating coil, wherein the opening guides the fluid so that the fluid supplied from the first blower and the second blower passes through the magnetic field generating coil and then is introduced toward the internal electronic device. (Burnett, Paragraph 0224 & 0225) (Burnett, Figure 34 Item 326 & 318)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the electronic device as taught by Burnett to the system described in Schwarz, the motivation being to provide a way to keep all necessary components cool with one cooling apparatus.
In regards to Claim 3: A modified Schwarz teaches all of claim 2 and a device having multiple blowers, but does not teach of a blower configured to discharge the fluid to the outside from the inside of the treatment device using a magnetic field, wherein the blower guides the fluid so that the fluid supplied from the blowers is discharged to the outside of the treatment device using a magnetic field through the magnetic field generating coil and the internal electronic device.
Burnett teaches of a blower configured to discharge the fluid to the outside from the inside of the treatment device using a magnetic field (Burnett, Paragraph 0213) (Burnett, Figure 34 Item 324), wherein the blower guides the fluid so that the fluid supplied from the first blower and the second blower is discharged to the outside of the treatment device using a magnetic field through the magnetic field generating coil and the internal electronic device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the exhaust blower as taught by Burnett to the system described in Schwarz, the motivation being to provide an effective method of ensuring the cooling fluid is removed once it has passed the essential internal components of the device.
In regards to Claim 4: A modified Schwarz teaches all of claim 2, but does not teach of the opening is defined in a region between the magnetic field generating coil and the internal electronic device, and the duct guides the fluid so that the fluid supplied from the first blower and the second blower passes through the magnetic field generating coil in a direction parallel to a surface formed by the magnetic field generating coil, and the fluid passed through the magnetic field generating coil is supplied to the internal electronic device in a direction perpendicular to the surface formed by the magnetic field generating coil.
Burnett teaches the opening is defined in a region between the magnetic field generating coil and the internal electronic device, and the duct guides the fluid so that the fluid supplied from the first blower and the second blower passes through the magnetic field generating coil in a direction parallel to a surface formed by the magnetic field generating coil (Burnett, Figure 47), and the fluid passed through the magnetic field generating coil is supplied to the internal electronic device in a direction perpendicular to the surface formed by the magnetic field generating coil (Burnett, Paragraph 0249) (Burnett, Figure 47 & 34 Item 326).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the cooling system described by Burnett to the treatment device of Schwarz, the motivation being to provide a more efficient cooling system that utilizes the same fluid to cool the magnetic coils and the electronic components.
In regards to Claim 5: Schwarz teaches all of Claim 1, the use of multiple blowers, a duct comprising a hole configured to allow a portion of the fluid introduced to at least a portion of a region between the first blower or the second blower and the magnetic field generating coil to pass therethrough (Schwarz, Paragraph 0132) (Schwarz, Figure 2 Item 6), but does not teaches of a duct comprising a hole configured to allow a portion of the fluid introduced to at least a portion of a region between the first blower or the second blower and the magnetic field generating coil to pass therethrough, and the hole guides the fluid so that at least a portion of the fluid supplied from the first blower or the second blower is introduced toward the internal electronic device before being reached to the magnetic field generating coil.
Burnett teaches of the hole guides the fluid so that at least a portion of the fluid supplied from the first blower or the second blower is introduced toward the internal electronic device before being reached to the magnetic field generating coil. (Burnett, Paragraph 0225) (Burnett, Figure 34)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to determine the placement of the electronic components as taught by Burnett to the treatment device of Schwarz, the motivation being to provide cooler fluid to the electronic components to ensure they are at optimal running capacity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOE R DIETZ whose telephone number is (571)272-1135. The examiner can normally be reached Mon-Fri 8am - 5pm.
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/N.R.D./ Patent Examiner, Art Unit 3791
/ALEX M VALVIS/ Supervisory Patent Examiner, Art Unit 3791