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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-12 in the reply filed on 12/17/2025 is acknowledged.
Claims 13-28 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected set of method claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/17/2025.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0256704 hereinafter Petty in view of US 2021/0268299 hereinafter Casalino.
In regards to Claim 1: Petty teaches A muscle stimulation apparatus using a magnetic field pulse, comprising:
a power supply unit (Petty, Paragraph 26, Figure 1 Item 115);
an applicator including a magnetic field generator capable of generating a magnetic field pulse by receiving power from the power supply unit (Petty, Paragraph 25, Figure 1 Item 120); and
a controller capable of setting at least one of the frequencies and the intensity of a magnetic field pulse generated by the magnetic field generator (Petty, Paragraph 29, Figure 1 Item 112),
wherein the controller adjusts a parameter for setting at least one of the frequencies and the intensity of the magnetic field pulse in the middle of performance of a preset treatment process (Petty, Paragraph 65, Figure 13 Item 1320).
Petty does not teach of a value of the parameter is determined based on at least one of the amounts of muscle to be stimulated and the thickness of a fat layer outside the muscle of a user.
Casalino teaches a value of the parameter is determined based on at least one of the amounts of muscle to be stimulated and the thickness of a fat layer outside the muscle of a user (Casalino, Paragraph 45 & 79).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the parameter that is determined by muscle and fat layers taught by Casalino to the magnetic field therapy system taught in Petty, the motivation being to provide a measurement that can be used to better control and target the area of treatment since it is known that different types of tissue require different strengths to have an effect.
In regards to Claim 2: A modified Petty teaches wherein the controller adjusts a value of the parameter to adjust a target stimulation depth for the magnetic field to reach the inside of the muscle from the user’s epidermis based on the muscle mass and the thickness of the fat layer of the user (Casalino, Paragraph 45 & 55).
In regards to Claim 3: A modified Petty teaches wherein the controller adjusts a value of the parameter so that the target stimulation depth is deeper as the amount of the fat is greater (Casalino, Paragraph 79).
In regards to Claim 4: A modified Petty teaches wherein the controller adjusts a value of the parameter so that the target stimulation depth is shallower as the amount of the fat is less (Casalino, Paragraph 79).
In regards to Claim 5: A modified Petty teaches wherein the controller controls the magnetic field generator to adjust the intensity and the frequency of a magnetic field generated during a preset operating time at least twice (Casalino, Paragraph 70).
In regards to Claim 6: A modified Petty teaches wherein the controller sets a first frequency that causes muscle contraction by stimulating the muscle based on the parameter, and controls the magnetic field generator based on the first frequency (Casalino, Paragraph 72).
In regards to Claim 7: A modified Petty teaches claims 1, 5, & 6; and wherein the controller generates the magnetic field pulse of the first frequency during a first section, which is an initial section of the operating time, and controls the magnetic field generator to gradually increase the intensity of the magnetic field pulse to a level that causes muscle contraction (Petty, Paragraph 61).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0256704 hereinafter Petty in view of US 2021/0268299 hereinafter Casalino in further view of US 2015/0140633 hereinafter Vladila.
In regards to Claim 8: A modified Petty teaches all of claims 1, 5, 6, & 7; but does not teach wherein the controller generates the magnetic field pulse of a second frequency lower than the first frequency during a second section after the first section of the operating time, and controls the magnetic field generator to maintain the intensity of the magnetic field pulse at the intensity that causes muscle contraction.
Vladila teaches wherein the controller generates the magnetic field pulse of a second frequency lower than the first frequency during a second section after the first section of the operating time, and controls the magnetic field generator to maintain the intensity of the magnetic field pulse at the intensity that causes muscle contraction (Vladila, Paragraphs 48-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the second frequency that is lower than the first frequency taught in Vladila to the magnetic field therapy system of a modified Petty, the motivation being to provide more physiological processes that are affected during the treatment and thus select an optimum frequency.
Claim(s) 9, 10 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0256704 hereinafter Petty in view of US 2021/0268299 hereinafter Casalino in further view of US 2015/0140633 hereinafter Vladila in furthest view of US 2018/0236254 hereinafter Schwarz.
In Regards to Claim 9: A modified Petty teaches all of claims 1, 5, 6, 7, & 8, the adjustment of frequencies (Casalino, Paragraph 12), and the reductions in frequency (Vladila, Paragraphs 48-49; it would be obvious to add an additional reduction in frequency described); but does not teach wherein the controller generates the magnetic field pulse of a third frequency lower than the second frequency during a third section after the second section of the operating time, and controls the magnetic field generator to gradually decrease the intensity of the magnetic field pulse.
Schwarz teaches wherein the controller generates the magnetic field pulse of a third frequency lower than the second frequency during a third section after the second section of the operating time, and controls the magnetic field generator to gradually decrease the intensity of the magnetic field pulse. (Schwarz, Figure 13; Paragraph 218).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the third section taught in Schwarz to the magnetic field therapy system taught in a modified Petty, the motivation being to provide a more comfortable experience when using the device by reducing the temperature that is applied to the patient.
In regards to Claim 10: A modified Petty teaches claims 1, 5, 6, 7, 8, & 9; but does not teach wherein the first frequency is in the range of 30 to 60 Hz.
Schwarz teaches wherein the first frequency is in the range of 30 to 60 Hz (Schwarz, Paragraph 246).
It would have been obvious to one of ordinary skill in the art at the filing date of the invention to add the frequency of the magnetic field taught in Schwarz to the magnetic field therapy system taught by a modified Petty, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See MPEP 2144.05.II. The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter is frequency which achieves the recognized result of in muscle formation coinciding with adipose cells being reduced therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, USPQ 215 (CCPA 1980).
In regards to Claim 11: A modified Petty teaches claims 1, 5, 6, 7, 8, & 9; but does not teach wherein the controller adjusts the parameter to set the first frequency to 35 Hz, the second frequency to 40 Hz, and the third frequency to 45 Hz.
Schwarz teaches wherein the controller adjusts the parameter to set the first frequency to 35 Hz, the second frequency to 40 Hz (Schwarz, Paragraph 224), and the third frequency to 45 Hz (Schwarz, Paragraph 223).
It would have been obvious to one of ordinary skill in the art at the filing date of the invention to add the frequency of the magnetic field taught in Schwarz to the magnetic field therapy system taught by a modified Petty, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See MPEP 2144.05.II. The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter is frequency which achieves the recognized result of in muscle formation coinciding with adipose cells being reduced therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, USPQ 215 (CCPA 1980).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0256704 hereinafter Petty in view of US 2021/0268299 hereinafter Casalino in further view of US 2015/0140633 in further view of US 2012/0101366 hereinafter Ruobonen.
In Regards to Claim 12: A modified Petty teaches claims 1 & 2; but does not teach of at least one sensor for electromyography, wherein the controller adjusts the parameter based on a value measured by the sensor.
Ruobonen teaches of at least one sensor for electromyography, wherein the controller adjusts the parameter based on a value measured by the sensor (Ruobonen, Paragraph 6 & 35; Figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the EMG sensor taught in Ruobonen to the magnetic field therapy system taught by a modified Petty, the motivation being to provide a measurement device that the controller can read and react to.
Conclusion
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/N.R.D./ Patent Examiner, Art Unit 3791
/ALEX M VALVIS/ Supervisory Patent Examiner, Art Unit 3791