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 . 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.
Specification
The amendment filed 4/20/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The incorporation by reference of the international patent application PCT/KR2021/013569 and Foreign Priority document KR 10-2020-0138448 is ineffective as it was added after the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 10/05/2021, see MPEP 1893.03(b). Therefore, the specification amendment of 4/20/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p). Applicant is advised to remove the phrase “, the entire contents of which are incorporated herein by reference” from the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
Claims 1-4, 6-7, 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Remed Co Ltd (KR 20180059114 A, cited on IDS dated 9/18/2024) (Remed).
Referring to claims 1 and 2: Remed teaches a magnetic field stimulation device (see paragraphs [0026] and [0046]) comprising: housings (see figure 1, #110/111/113); an inner casing (see figures 1 and 3, #115/120) having an internal space (see paragraphs [0034] and [0067]) and accommodated in an accommodation space provided in the housings (see figures 1, 2 and 4; paragraphs [0031] and [0033]); a magnetic field generating means (see figure 1, #140) disposed in the internal space and configured to generate a magnetic field (see paragraphs [0034], [0045], [0067] and [0072]); and a cooling medium stored in the internal space and configured to induce the cooling of the magnetic field generating means (see figures 1-4; [0040], [0053], [0067] and [0075]-[0080]).
While it appears Remed teaches the inner casing being a pair of inner casings since cooling fluid is taught to circulate through the cooling fluid guide pipes and the inner case, Remed does not explicitly teaches the inner casing being inner casings comprising a first casing and a second casing that form the internal space. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inner casing of Remed with first and second casings enclosing the magnetic field generating means in order to contain the cooling medium within inner casing, thereby, improving cooling efficiency of the magnetic field generating means.
Remed further teaches first casing comprises a first coupling portion protruding from an outer peripheral surface of the first casing along a periphery of the first casing and having a first fastening hole (see figures 3-4; wherein the inner casing, #120, has a perimeter protruding from the peripheral surface and clearly includes fastening holes corresponding to fastening pegs associated with the housing). Remed, as modified above does not explicitly teach the second casing comprises a second coupling portion protruding from an outer peripheral surface of the second casing along a periphery of the second casing and having a second fastening hole provided at a position corresponding to the first fastening hole, however, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the second casing of Remed, as modified above, with corresponding fastening holes in order to allow securing the inner casing within the housing.
Referring to claim 3: Remed further teaches the housings comprise a first housing (see figure 1, #111) and a second housing (see figure 1, #113) that form the accommodation space, and wherein the first housing has a fastening groove provided at a position corresponding to the first fastening hole and the second fastening hole (see figures 1-4; paragraph [0033]).
Referring to claim 4: Remed further teaches the first housing, the first casing, and the second casing are coupled to one another as the first fastening hole, the second fastening hole, and the fastening groove are fastened by a fastening means (see figures 1-4; paragraph [0033]).
Referring to claims 6-7: Remed further teaches wherein the second housing has a protruding portion provided on a junction surface of the second housing to which the first housing is joined, and the protruding portion extends and protrudes along the junction surface, and wherein the first housing has a coupling groove provided at a position corresponding to the protruding portion, wherein the first housing and the second housing are coupled to each other as the protruding portion and the coupling groove are fitted with each other (see figures 1-4; paragraph 0033]).
Referring to claim 9: Remed, as modified above, further teaches the first casing has a first hole through which the cooling medium enters or exits the first casing (see figures 3-4, #130/131/133/135), wherein the first housing has a first passageway through which the cooling medium enters or exits the first housing, and the first passageway is provided at a position corresponding to the first hole, and a second passageway through which the cooling medium enters or exits (see figures 3-4; paragraphs [0053], [0064], [0067] and [0075]-[0080]). Remed, as modified above, does not explicitly teach the second passageway through which the cooling medium enters or exits being within the second casing, however, 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 placement of the cooling medium exit of Remed, as modified above, to the second casing since such a modification is mere rearrangement of exit path of the cooling medium and would have yielded predictable results in circulating the cooling medium through the inner casings without modifying the operation of the device. See MPEP 2144.04.
Referring to claim 11: Remed further teaches the first casing comprises a seating portion having a shape corresponding to the magnetic field generating means so that the magnetic field generating means is seated on the seating portion (see figure 4; paragraphs [0034] and [0067]).
Referring to claim 12: Remed further teaches the first casing is coupled to the first housing so as to be in close contact with an inner surface of the first housing in which the accommodation space is formed (see figures 1-4).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Remed, as applied to claim 3 above, in view of Chan et al. (US 2014/0165369 A1) (Chan).
Referring to claim 5: Remed is silent to an insert member fixedly coupled in the fastening groove and having an internal thread. Chan teaches an insert member (see figure 3, #160) having an internal thread (see figure 3, #168), the insert member being fixedly coupled in a fastening groove (see figure 2B; paragraphs [0028]-[0030]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the fastening groove of Remed, as modified above, with an insert member like taught by Chan in order to reduce heat transfer from the magnetic field generating means or the cooling medium to the fastening elements (see Chan abstract; paragraphs [0030]-[0031]).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Remed, as applied to claims 2 and 3 above, in view of Martinez (US 2012/0245403 A1).
Referring to claims 8 and 10: Remed, as modified above, is silent to a first sealing member provided between the first casing and the second casing and configured to prevent the cooling medium from leaking outside; and a second sealing member provided between the first housing and the second housing and configured to prevent the cooling medium from leaking outside. Martinez teaches a magnetic field stimulating device (see abstract) comprising a top housing (see figures 27A-B, #2701), bottom housing (see figures 27A-B, #2712); and a sealing member (see figures 27A-B, #2715) between the top housing and the bottom housing (see paragraph [0145]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Remed, as modified above, with a sealing member like taught by Martinez between the first casing and the second casing, as well as, between the first housing and the second housing since it is common and well known in the art to provide gaskets or o-rings to create a seal between housing members.
Conclusion
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/KAYLEE R WILSON/Primary Examiner, Art Unit 3700