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 .
Preliminary Amendment
Preliminary Amendment dated 12/16/2022 has been formally entered and claims 1-17 submitted with Preliminary Amendment dated 12/16/2022 are being examined on the merits.
Specification
The disclosure is objected to because of the following informalities:
“…selectively bypassing or short-circuiting the second inductor or varying the inductance of the second inductor comprises selectively bypassing or short- circuiting the second inductor or varying the inductance of the second inductor one of: during the first half pulse, during the second half pulse, and between the first half pulse and the second half pulse… in at least page 14 lines 1-7, page 23 lines 21-28 needs to be corrected. A suggested correction is --selectively bypassing or short-circuiting the second inductor or varying the inductance of the second inductor comprises selectively bypassing or short- circuiting the second inductor or varying the inductance of the second inductor at one of: during the first half pulse, during the second half pulse, and between the first half pulse and the second half pulse--.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 1 line 4 “body tissue” needs to be corrected. A suggested correction is – the body tissue– in light of its antecedent in claim 1 line 1 “body tissue”.
Claim 17 line 6 “body tissue” needs to be corrected. A suggested correction is –the body tissue-- in light of its antecedent in claim 17 line 2 “body tissue”.
Claim 9 line 2 “providing an apparatus according to claim 1” needs to be corrected. A suggested correction is – providing [[an]] the apparatus according to claim 1– in light of its antecedent in claim 1 line 1 “An apparatus”.
Claim 1 “wherein the switching device is configured to be changed from a substantially non-conductive state to a conductive state at a first point in time in order to form a first electrical connection between the capacitor arrangement and the inductor in order to enable electrical current to flow through the first branch and through the inductor, caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field” needs to be corrected. A suggested correction is --wherein the switching device is configured to be changed from a substantially non-conductive state to a conductive state at a first point in time ing a first electrical connection between the capacitor arrangement and the inductor enabling electrical current to flow through the first branch and through the inductor, due to the electrical energy stored by means of the capacitor arrangement, inducing the inductor to generate the magnetic field—to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “ in order to”, “caused by”, “thereby causing” is even required or not required.
Claim 1 “wherein the switching device is configured to be changed from the conductive state to the substantially non-conductive state at a second point in time in order to interrupt said first electrical connection between the capacitor arrangement and the inductor” and “wherein the electrical circuit element is configured to be changed from a substantially non-conductive state to a conductive state in order to form a second electrical connection between the capacitor arrangement and the inductor in order to enable electrical current to flow through the second branch and through the inductor” needs to be corrected. A suggested correction is –wherein the switching device is configured to be changed from the conductive state to the substantially non-conductive state at a second point in time ing said first electrical connection between the capacitor arrangement and the inductor—and -- wherein the electrical circuit element is configured to be changed from a substantially non-conductive state to a conductive state ing a second electrical connection between the capacitor arrangement and the inductor enabling electrical current to flow through the second branch and through the inductor-- respectively to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “ in order to”, is even required or not required.
Claim 1 and 17 “wherein the first and second points in time can be freely chosen” needs to be corrected. A suggested correction is -- wherein the first and second points are freely chosen temporally—or -- wherein the first and second points are freely chosen with respect to timing--.
Claim 2 “a first controller for causing the switching device to change from the substantially non-conductive state to the conductive state at the first point in time and/or for causing the switching device to change from the conductive state to the substantially non-conductive state at the second point in time” needs to be corrected. A suggested correction is -- a first controller configured for [[causing]] prompting the switching device to change from the substantially non-conductive state to the conductive state at the first point in time and/or for [[causing]] prompting the switching device to change from the conductive state to the substantially non-conductive state at the second point in time —or -- a first controller configured for [[causing]] triggering the switching device to change from the substantially non-conductive state to the conductive state at the first point in time and/or for [[causing]] triggering the switching device to change from the conductive state to the substantially non-conductive state at the second point in time — to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “ for causing”, is even required or not required.
Claim 3 “wherein the at least one electrical circuit element is configured to be changed from the conductive state to the substantially non-conductive state in order to interrupt said second electrical connection between the electric storage device and the inductor” needs to be corrected. A suggested correction is ---wherein the at least one electrical circuit element is configured to be changed from the conductive state to the substantially non-conductive state ing said second electrical connection between the electric storage device and the inductor-- to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “ in order to ”, is even required or not required.
Claim 4 “a second controller for causing the at least one electrical circuit element to change from the substantially non-conductive state to the conductive state at a third point in time and/or for causing the at least one electrical circuit element to change from the conductive state to the substantially non-conductive state at a fourth point in time” needs to be corrected. A suggested correction is -- a second controller configured for [[causing]] triggering the at least one electrical circuit element to change from the substantially non-conductive state to the conductive state at a third point in time and/or for [[causing]] triggering the at least one electrical circuit element to change from the conductive state to the substantially non-conductive state at a fourth point in time --.
Claim 6 needs to include a “,” after each enumerated passive electrical circuit element for example --a spark gap, a transient-voltage-suppression diode--.
Claim 9 “switching the switching device from the substantially non-conductive state to the conductive state at the first point in time so as to form said first electrical connection between the capacitor arrangement and the inductor and thereby enabling electrical current to flow through the first branch and through the inductor, caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field”, “switching the switching device from the conductive state to the substantially non-conductive state at the second point in time and thereby interrupting said first electrical connection between the capacitor arrangement and the inductor” and “causing the at least one electrical circuit element to change from the substantially non-conductive state to the conductive state, thereby enabling electrical current to flow between the capacitor arrangement and the inductor through the second branch via said at least one electrical circuit element” need to be corrected. A suggested correction is --switching the switching device from the substantially non-conductive state to the conductive state at the first point in time ing said first electrical connection between the capacitor arrangement and the inductor, due to the electrical energy stored by means of the capacitor arrangement, inducing the inductor to generate the magnetic field--, --switching the switching device from the conductive state to the substantially non-conductive state at the second point in time inducing the at least one electrical circuit element to change from the substantially non-conductive state to the conductive state, enabling electrical current to flow between the capacitor arrangement and the inductor through the second branch via said at least one electrical circuit element—respectively to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “so as to”, “caused by”, “thereby”, “causing” is even required or not required.
Claim 13 “varying the magnetic field in the body tissue so as to generate a voltage in the body tissue or to cause a movement of charges in the body tissue” needs to be corrected. A suggested correction is -- varying the magnetic field in the body tissue in a manner as to generate a voltage in the body tissue or
Claim 14 “wherein the generated voltage or the movement of charges in the body tissue is sufficient to cause a neural reaction or a cellular physiological reaction” needs to be corrected. A suggested correction is -- wherein the generated voltage or the movement of charges in the body tissue is sufficient to trigger a neural reaction or a cellular physiological reaction-- to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “to cause” is even required or not required.
Claim 15 “bringing the inductor into proximity with body tissue so as to generate the magnetic field in said body tissue” needs to be corrected. A suggested correction is -- bringing the inductor into proximity with body tissue [[so]] in a manner as to generate the magnetic field in said body tissue-- to avoid intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “so as to” is even required or not required.
Claim 16 “detecting whether a muscle reaction in the body tissue has been caused, in order to provide a detection result; and based on the detection result, determining a minimum duration, corresponding to the time interval or the varied time interval, at which the muscle reaction in the body tissue is caused” needs to be correction. A suggested correction is --providing a detection result by detecting whether a muscle reaction in the body tissue was triggered was triggered
Claim 17 “wherein the switching device is configured to be changed from a substantially non-conductive state to a conductive state at a first point in time in order to form a first electrical connection between the capacitor arrangement and said terminal so as to enable electrical current to flow through the first branch and through the inductor via said terminal when the inductor is connected to the apparatus via said terminal, caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field” , “wherein the switching device is configured to be changed from the conductive state to the substantially non-conductive state at a second point in time in order to interrupt said first electrical connection between the capacitor arrangement and said terminal” and “wherein the electrical circuit element is configured to be changed from a substantially non-conductive state to a conductive state in order to form a second electrical connection between the capacitor arrangement and said terminal so as to enable electrical current to flow through the second branch and through the inductor via said terminal when the inductor is connected to the apparatus via said terminal” needs to be corrected. A suggested correction is --wherein the switching device is configured to be changed from a substantially non-conductive state to a conductive state at a first point in time ing a first electrical connection between the capacitor arrangement and said terminal in a manner as to enable electrical current to flow through the first branch and through the inductor via said terminal based on the inductor [[is]] being connected to the apparatus via said terminal, triggered by the electrical energy stored by means of the capacitor arrangement, prompting the inductor to generate the magnetic field-- , --wherein the switching device is configured to be changed from the conductive state to the substantially non-conductive state at a second point in time in a manner as to interrupt said first electrical connection between the capacitor arrangement and said terminal-- and --wherein the electrical circuit element is configured to be changed from a substantially non-conductive state to a conductive state in a manner as to form a second electrical connection between the capacitor arrangement and said terminal enabling electrical current to flow through the second branch and through the inductor via said terminal [[when]] based on the inductor [[is]] being connected to the apparatus via said terminal-- respectively to avoid [a] intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “so as to”, “in order to”, “thereby causing” is even required or not required and [b] to avoid conditional limitation recitation which would raise question as to what occurs when the condition is not met.
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 1-17 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.
Each of claim 1 and claim 17 recite “the first and second points in time can be freely chosen” which renders the claim unclear. More specifically, in the context used, it is unclear as to what is meant by freely chosen time point and who and what structure or element performs the “freely chosen” step.
Claim 3 line 4 recites the limitation "the electric storage device". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 in line 2 recites “body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 12 line 2 “body tissue” is the same as, different than or in addition to claim 1 line 1 and/or claim 1 line 4 “body tissue” and if different in what way the two differ.
Claim 12 in each of line 2 and line 3 recite “the/said body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 12 line 2-3 “the/said body tissue” is referencing claim 12 line 2 “body tissue” and/or claim 1 line 1 and/or line 4 “body tissue”.
Claim 13 line 2 and line 3 recite “the body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 13 line 2-3 “the body tissue” is referencing claim 12 line 2 “body tissue” and/or claim 1 line 1 and/or line 4 “body tissue”.
Claim 14 line 2 and line 3 recite “the body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 14 line 2-3 “the body tissue” is referencing claim 12 line 2 “body tissue” and/or claim 1 line 1 and/or line 4 “body tissue”.
Claim 15 in line 2 recites “body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 15 line 2 “body tissue” is the same as, different than or in addition to claim 1 line 1 and/or claim 1 line 4 “body tissue” and if different in what way the two differ.
Claim 15 in line 2 recites “said body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 15 line 2 “said body tissue” is referencing claim 15 line 2 “body tissue” and/or claim 1 line 1 and/or claim 1 line 4 “body tissue”.
Claim 16 in line 2 and line 5 each recite “the body tissue” which renders this claim unclear. More specifically, it is unclear as to whether claim 16 line 2 and/or line 5 “the body tissue” is referencing claim 15 line 2 “body tissue” and/or claim 1 line 1 and/or claim 1 line 4 “body tissue”.
Claim 11 and 14 each recite the term “preferably” term encompassing limitation which renders these claims unclear. More specifically, in claims 11, 14 the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the term are part of the claimed invention and are required or not required. See MPEP § 2173.05(d).
Claims 6, 7, 8, 14 each recite the term “in particular” term encompassing limitation which renders these claims unclear. More specifically, in claims 6, 7, 8, 14 the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the term are part of the claimed invention and are required or not required. See MPEP § 2173.05(d).
Dependent claims 2-16 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 2-16 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation Under 35 U.S.C. 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims the term occurs in
Claim term
Corresponding Structures recited in original specification as-filed
1, 2, 5, 9, 10, 15, 17,
Switching device
- thyristor, GTO-thyristor, IGBT, FET(in at least figure 2, page 7 lines 4-18), page 69-70.
7
Switching element
- thyristor, GTO-thyristor, IGBT, FET(in at least figure 2, page 7 lines 4-18), page 69-70.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed page 2 lines 7-9, page 3 lines 16-18, page 6 lines 24-27, page 7 lines 29-page 8 line 2, page 36 lines 24-30, page 68 lines 23-32.
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 1-8 and 17 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Polson (Pub. No.: US 5766124 A, hereinafter referred to as “Polson”).
As per independent Claim 1, Polson discloses an apparatus for generating a magnetic field for application to body tissue (Polson in at least abstract, fig. 1-11, page 1 lines 5-10, 34-59, col. 2 lines 20-67, col. 3-7, col. 8 lines 1-4 discloses relevant subject-matter. More specifically, Polson in at least abstract, fig. 9, col. 1 lines 3-10, col. 6 lines 45-67, col. 7 lines 1-3 for example discloses apparatus for generating a magnetic field for application to body tissue. See at least abstract “magnetic stimulator of neuro-muscular tissue” ) the apparatus comprising:
a capacitor arrangement (fig. 9, ele. 9) comprising at least one capacitor for storing electrical energy (col. 6 lines 45-67 “a reservoir capacitor 2 and a transfer capacitor 5 as previously described but which may be arranged, as shown, such that the discharge capacitor 9 is connected to the high voltage supply by way of ganged switches 16, 16a that enable reversal of the supply voltage applied to the discharge capacitor”);
an inductor (fig. 9, ele. 11) for generating a magnetic field for application to body tissue (col. 6 lines 45-67 “discharge capacitor is connected to the stimulating coil 11 by way of a rectifying bridge containing two controlled rectifiers 17, 17a, and two diode rectifiers 18, 18a”);
connecting circuitry between the capacitor arrangement and the inductor, wherein the connecting circuitry comprises at least a first branch (fig. 9, ele. 17, 18) and a second branch(fig. 9, ele. 17a, 18a; col. 6 lines 45-67 “The discharge capacitor is connected to the stimulating coil 11 by way of a rectifying bridge containing two controlled rectifiers 17, 17a, and two diode rectifiers 18, 18a. ”);
a switching device (fig. 9, 17/thyristor), wherein the switching device forms part of the first branch, wherein the switching device is configured to be changed from a substantially non-conductive state to a conductive state at a first point in time in order to form a first electrical connection between the capacitor arrangement and the inductor in order to enable electrical current to flow through the first branch and through the inductor, caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field, wherein the switching device is configured to be changed from the conductive state to the substantially non-conductive state at a second point in time in order to interrupt said first electrical connection between the capacitor arrangement and the inductor (fig. 5c, col. 6 lines 54-col.7 lines 3 “Once the capacitor 9 has been charged to the required energy level, the controlled rectifier 17 may be made conductive, so that current I1 flows in the coil 11. The current reaches a maximum after a time determined by the resonant frequency of the discharge loop comprising the capacitor 9 and the coil 11. The current decreases to zero, at which point the controlled rectifier 17 can be switched off. The voltage on the capacitor 9 is now reversed and the next discharge requires the firing of controlled rectifier 17a, allowing current I2 to flow in the coil in the same direction as during the previous cycle… the two-pole two-way switches 16, 16a, the operation of the switches being selected to connect the supply in the correct polarity to the capacitor 9”);
at least one electrical circuit element (fig. 9, 17a, 18a), wherein the electrical circuit element forms part of the second branch, wherein the electrical circuit element is configured to be changed from a substantially non-conductive state to a conductive state in order to form a second electrical connection between the capacitor arrangement and the inductor in order to enable electrical current to flow through the second branch and through the inductor (fig. 5c, fig. 9, col. 6 lines 61-col.7 lines 3 “The discharge capacitor is connected to the stimulating coil 11 by way of a rectifying bridge containing two controlled rectifiers 17, 17a, and two diode rectifiers 18, 18a. Once the capacitor 9 has been charged to the required energy level, the controlled rectifier 17 may be made conductive, so that current I1 flows in the coil 11. The current reaches a maximum after a time determined by the resonant frequency of the discharge loop comprising the capacitor 9 and the coil 11. The current decreases to zero, at which point the controlled rectifier 17 can be switched off. The voltage on the capacitor 9 is now reversed and the next discharge requires the firing of controlled rectifier 17a, allowing current I2 to flow in the coil in the same direction as during the previous cycle” ); wherein the first and second points in time can be freely chosen at least when designing the circuit.
As per dependent Claim 2, Polson further discloses apparatus further comprising a first controller for causing the switching device to change from the substantially non-conductive state to the conductive state at the first point in time and/or for causing the switching device to change from the conductive state to the substantially non-conductive state at the second point in time (Polson, fig. 9, col. 6 lines 45-67).
As per dependent Claim 3, Polson further discloses apparatus wherein the at least one electrical circuit element is configured to be changed from the conductive state to the substantially non-conductive state in order to interrupt said second electrical connection between the electric storage device and the inductor(Polson, fig. 5c, fig. 9, col. 6 lines 45-67).
As per dependent Claim 4, Polson further discloses apparatus further comprising a second controller for causing the at least one electrical circuit element to change from the substantially non-conductive state to the conductive state at a third point in time and/or for causing the at least one electrical circuit element to change from the conductive state to the substantially non-conductive state at a fourth point in time (Polson, fig. 9, col. 6 lines 45-67).
As per dependent Claim 5, Polson further discloses apparatus wherein the switching device comprises an insulated-gate bipolar transistor (IGBT), a field-effect transistor (FET), a metal-oxide-semiconductor field-effect transistor (MOSFET) or a gate turn-off thyristor (GTO-thyristor) (Polson, fig. 9, col. 7 line 38 “a thyristor and diode bridge as shown in FIG. 9”).
As per dependent Claim 6, Polson further discloses apparatus wherein the at least one electrical circuit element comprises a passive electrical circuit element, in particular: a spark gap a transient-voltage-suppression diode a Zener diode a Shockley diode or a triode for alternating current (TRIAC) or a thyristor, in particular in combination with trigger circuitry connected to, or forming part of, the second branch to trigger the thyristor (Polson, fig. 9, col. 6 lines 51-54, thyristors 17, 17a).
As per dependent Claim 7, Polson further discloses apparatus wherein the at least one electrical circuit element comprises an active electrical circuit element or an arrangement of circuit elements, in particular a switching element controlled by analog circuitry or a microcontroller (Polson, fig. 9, col. 2 lines 31-38 “a high voltage power supply 1, which may be of any suitable construction and may be variable, is provided for charging a first capacitor 2, hereinafter called the `reservoir capacitor`. Discharge of the reservoir capacitor is controlled by a controllable series switch 3, which, like all the other controllable switches in the embodiment, may be a thyristor but could be any of a large variety of suitable switches”).
As per dependent Claim 8, Polson further discloses apparatus wherein the at least one electrical circuit element is configured to be changed from the substantially non-conductive state to the conductive state at a third point in time, wherein the third point in time coincides with the second point in time or is after the second point in time, in particular a predetermined or predeterminable time interval after the second point in time (Polson, fig. 9, fig. 5C).
As per independent Claim 17, Polson discloses an apparatus for use with an inductor for generating a magnetic field for application to body tissue(Polson in at least abstract, fig. 1-11, page 1 lines 5-10, 34-59, col. 2 lines 20-67, col. 3-7, col. 8 lines 1-4 discloses relevant subject-matter. More specifically, Polson in at least abstract, fig. 9, col. 1 lines 3-10, col. 6 lines 45-67, col. 7 lines 1-3 for example discloses apparatus for use with an inductor for generating a magnetic field for application to body tissue. See at least abstract “magnetic stimulator of neuro-muscular tissue” ), the apparatus comprising:
a capacitor arrangement (fig. 9, ele. 9) comprising at least one capacitor for storing electrical energy (col. 6 lines 45-67 “a reservoir capacitor 2 and a transfer capacitor 5 as previously described but which may be arranged, as shown, such that the discharge capacitor 9 is connected to the high voltage supply by way of ganged switches 16, 16a that enable reversal of the supply voltage applied to the discharge capacitor”);
a terminal (fig. 9, col. 6 lines 61-col.7 lines 3 ) for connection to the inductor for generating a magnetic field for application to body tissue (abstract, col. 1 lines 5-10. See at least col. 1 lines 5-10 “magnetic stimulation of neuro-muscular tissue. The stimulation is achieved by creating a rapidly changing magnetic field, typically of the order of 20 kTesla/sec, in the vicinity of the tissue. An electric current is thereby induced in the tissue and causes stimulation of the tissue.”);
connecting circuitry between the capacitor arrangement and said terminal, wherein the connecting circuitry comprises at least a first branch (fig. 9, ele. 17, 18) and a second branch(fig. 9, ele. 17a, 18a col. 6 lines 45-67 “The discharge capacitor is connected to the stimulating coil 11 by way of a rectifying bridge containing two controlled rectifiers 17, 17a, and two diode rectifiers 18, 18a. ”);
a switching device (fig. 9, 17/thyristor), wherein the switching device forms part of the first branch, wherein the switching device is configured to be changed from a substantially non-conductive state to a conductive state at a first point in time in order to form a first electrical connection between the capacitor arrangement and said terminal so as to enable electrical current to flow through the first branch and through the inductor via said terminal when the inductor is connected to the apparatus via said terminal, caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field, wherein the switching device is configured to be changed from the conductive state to the substantially non-conductive state at a second point in time in order to interrupt said first electrical connection between the capacitor arrangement and said terminal (fig. 5c, col. 6 lines 54-col.7 lines 3 “Once the capacitor 9 has been charged to the required energy level, the controlled rectifier 17 may be made conductive, so that current I1 flows in the coil 11. The current reaches a maximum after a time determined by the resonant frequency of the discharge loop comprising the capacitor 9 and the coil 11. The current decreases to zero, at which point the controlled rectifier 17 can be switched off. The voltage on the capacitor 9 is now reversed and the next discharge requires the firing of controlled rectifier 17a, allowing current I2 to flow in the coil in the same direction as during the previous cycle… the two-pole two-way switches 16, 16a, the operation of the switches being selected to connect the supply in the correct polarity to the capacitor 9”);
at least one electrical circuit element(fig. 9, 17a, 18a), wherein the electrical circuit element forms part of the second branch, wherein the electrical circuit element is configured to be changed from a substantially non-conductive state to a conductive state in order to form a second electrical connection between the capacitor arrangement and said terminal so as to enable electrical current to flow through the second branch and through the inductor via said terminal when the inductor is connected to the apparatus via said terminal (fig. 5c, fig. 9, fig. 9, col. 6 lines 61-col.7 lines 3 “The discharge capacitor is connected to the stimulating coil 11 by way of a rectifying bridge containing two controlled rectifiers 17, 17a, and two diode rectifiers 18, 18a. Once the capacitor 9 has been charged to the required energy level, the controlled rectifier 17 may be made conductive, so that current I1 flows in the coil 11. The current reaches a maximum after a time determined by the resonant frequency of the discharge loop comprising the capacitor 9 and the coil 11. The current decreases to zero, at which point the controlled rectifier 17 can be switched off. The voltage on the capacitor 9 is now reversed and the next discharge requires the firing of controlled rectifier 17a, allowing current I2 to flow in the coil in the same direction as during the previous cycle”); wherein the first and second points in time can be freely chosen at least when designing the circuit.
Contingently Allowable Subject-Matter
As per dependent claims 9-16, dependent claims 9-16 would be contingently allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
Additionally, as per dependent claims 9-16, dependent claims 9-16 are being objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in addition to overcoming any other rejections/objections enumerated above.
The following is a statement of reasons for the indication of allowable subject matter:
As per dependent Claim 9, none of the prior art discloses method of generating a magnetic field comprising: providing an apparatus according to claim 1; storing electrical energy in the capacitor arrangement; switching the switching device from the substantially non-conductive state to the conductive state at the first point in time … to form said first electrical connection between the capacitor arrangement and the inductor and …enabling electrical current to flow through the first branch and through the inductor, caused by the electrical energy stored by means of the capacitor arrangement, …causing the inductor to generate the magnetic field; switching the switching device from the conductive state to the substantially non-conductive state at the second point in time and…interrupting said first electrical connection between the capacitor arrangement and the inductor; and causing the at least one electrical circuit element to change from the substantially non-conductive state to the conductive state, …enabling electrical current to flow between the capacitor arrangement and the inductor through the second branch via said at least one electrical circuit element including all of the limitations, features, steps, combination and arrangement of features and steps of their respective base claim and any intervening claims.
Prior art US 5766124 A to Polson discloses magnetic stimulator of neuro-muscular tissue that has a discharge capacitor, at least one discharge control switch for allowing discharge of the discharge capacitor into a stimulating coil and a circuit for recovering energy from the stimulating coil when current flow from the discharge capacitor to the stimulating coil is interrupted, the energy being recovered either by the discharge capacitor or a capacitor additional to the discharge capacitor. The additional capacitor may be a reservoir capacitor connected for charging by a power supply and there may be a circuit for pumping charge from the reservoir capacitor to a transfer capacitor and for pumping charge from the transfer capacitor to the discharge capacitor.
Prior art US 5718662 A to Jalinous discloses stimulator for neuro-muscular tissue having a stimulating coil which is energized by discharging capacitors at different times in parallel connected discharge circuits so as to provide amplitude and/or frequency modulation of the stimulating pulses. Jalinous stimulator circuit additionally includes a further plurality of discharge channels each including a respective storage capacitor and electrically controllable means for discharging said respective capacitor for producing a pulse output for a further stimulating coil with means for coupling providing coupling of said further plurality of discharge channels to further stimulating coil and said means for controlling providing control to the electrically controllable means of said further plurality of discharge channels so as to control the timing of the discharging of the capacitors of said further plurality of discharge channels.
Prior art US 20100152522 A1 to Roth et al. discloses systems and methods for controlling and varying electric field pulse parameters produced in a body organ through the use of transcranial magnetic stimulation, thus affecting properties of resulting neuronal activation in the organ. More specifically, Roth discloses system and methods for controlling pulse parameters during transcranial magnetic stimulation. Multiple coils are placed on external body parts, and are controlled using an external control unit coupled to a stimulator having fast switches. The timing of the switches, as well as other parameters within the stimulator, determine the pulse parameters, such as pulse shape. The variety of pulse shapes obtainable using such a system and methods provides controlled physiologic effects within an internal body organ.
Prior art US 20160151637 A1 to Abe et al. discloses medical successive magnetic pulse generation device for causing sustained great contraction in muscles by stimulating peripheral nerves with successive magnetic pulses. More specifically, Abe discloses smaller-sized, more lightweight, and power-saving successive magnetic pulse device with a discharging circuit section K configured by connecting, in series in a loop, a magnetic therapy pulse coil configured to generate an eddy current in a target tissue, a charging/discharging capacitor, and a switching semiconductor element configured to supply a discharge current from the charging/discharging capacitor to the pulse coil. A step-up transformer includes a primary-side coil connected to an AC power supply and a secondary-side coil connected to input terminals of a full-wave rectifying circuit. A control unit is connected to a switching semiconductor element and controls conduction timing of the switching semiconductor element . The full-wave rectifying circuit has output terminals connected to both terminals P1 and P2 of the charging/discharging capacitor, respectively. An inductor is connected between the output terminal of the full-wave rectifying circuit and the terminal P1 of the charging/discharging capacitor.
Prior art US 20110242868 A1 to Gray et al. for discloses electrical circuits for powering inductive loads. More particularly, Gray discloses a circuit for coupling a supply of electrical energy to an inductive load device that is resonated with a capacitance. More specifically, Gray discloses coupling circuit for coupling a supply of electrical energy to an inductive load device, wherein the coupling circuit comprises a switching circuit, an energy transfer capacitance and a resonating capacitance; the resonating capacitance and the inductive load device together form a resonated load circuit having a natural resonant frequency; the switching circuit is configurable in a charging configuration by which the energy transfer capacitance is charged from the supply of electrical energy; the switching circuit is configurable in an injecting configuration by which the energy transfer capacitance is at least partly discharged into the resonated load circuit, thereby injecting a discrete pulse of energy into the resonated load circuit; the switching circuit is repetitively configurable in the charging configuration followed by the injecting configuration to transfer energy from the supply of electrical energy to the inductive load device, the energy transferred to the inductive load device circulating in the resonated load circuit at an oscillation frequency that is near or equal to the natural resonant frequency; and there is no injection of energy from the energy transfer capacitance into the resonated load circuit while energy for charging the energy transfer capacitance is being delivered from the supply to the switching circuit.
Prior art US 20070097571 A1 to Dinh et al. discloses multiphase voltage regulation using paralleled inductive circuits having magnetically coupled inductors to generate phased control signals, and pulsed signals are generated in response to generated phased control signals. Generated pulsed signals are received by multiple inductive circuits having magnetically coupled inductors. An inductive circuit receives pulsed signals corresponding to different phases. Multiple inductive circuits receive a pulsed signal corresponding to the same phase. Received pulsed signals are combined by multiple inductive circuits to generate an output signal.
Additionally, as per dependent claims 10-16, dependent claims 10-16 would be contingently allowable based on their direct/indirect dependency on contingently allowable respective base claims
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20210288490 A1 to Beck et al. for disclosing current-limiting circuit for limiting the magnitude of an alternating current wherein circuit includes a coil unit and a capacitor unit, which are connected electrically in series, and a bridging device for electrically bridging the capacitor unit on occasion of an overcurrent.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at http://www.uspto.gov/interviewpractice.
/SUNITA REDDY/Primary Examiner, Art Unit 3791