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 1-19 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:
“…In one embodiment, 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…” in page 14 lines 1-3 needs to be corrected. A suggested correction is --In one embodiment, 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:--.
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 11 line 1 “a magnetic field” needs to be corrected. A suggested correction is –the [[a]] magnetic field—in light of its antecedent “a magnetic field” in claim 1 line 1.
Claim 19 line 5 “body tissue” needs to be corrected. A suggested correction is –the body tissue-- in light of its antecedent in claim 19 line 2 “body tissue”.
Claim 11 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 first switching device is configured to electrically connect the electric storage device to the first inductor in order to enable electrical current to flow through the first branch and through the first inductor, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field” needs to be corrected. A suggested correction is -- wherein the first switching device is configured to electrically connect the electric storage device to the first inductor enabling electrical current to flow through the first branch and through the first inductor, due to the electrical energy stored by means of the electric storage device, inducing the first inductor to generate the first 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 second switching device is configured to electrically connect the electric storage device to the second inductor in order to enable electrical current to flow through the second branch and through the second inductor, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field” needs to be corrected. A suggested correction is --wherein the second switching device is configured to electrically connect the electric storage device to the second inductor enabling electrical current to flow through the second branch and through the second inductor, due to the electrical energy stored by means of the electric storage device, inducing the second inductor to generate the second 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 5 “such that” and “when” encompassing limitations need to corrected to avoid [a] intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “such that” 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. A suggested correction is amending “such that” and “when” to –in a manner that—and – while—respectively i.e. -- wherein the turns of the first set of turns are …arranged [[such]] in a manner that each turn generates a contribution towards the first magnetic field [[when]] while the electrical current flows through the first inductor--.
Claim 6 “such that” and “when” encompassing limitations need to corrected to avoid [a] intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “such that” 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. A suggested correction is amending “such that” and “when” to –in a manner that—and – while—respectively i.e. --wherein the turns of the second set of turns are … arranged [[such]] in a manner that each turn generates a contribution towards the second magnetic field [[when]] while the electrical current flows through the second inductor--.
Claim 8 “the first inductor and the second inductor are moveable independently from each other” needs to be corrected. A suggested correction is --the first inductor and the second inductor are configured to move [[moveable]] independently from each other-- to avoid potential intended use/functional limitation interpretation as detailed in MPEP 2111.04 which states inter alia that claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure.
Claim 10 “wherein the electric storage device comprises a pulse capacitor which can be charged by a charging circuit” needs to be corrected. A suggested correction is – wherein the electric storage device comprises a pulse capacitor configured to be charged by a charging circuit—to avoid optional limitation interpretation which would raise question as to whether the limitation proceeding “can be” is even required or not required.
Claim 11 “switching the first switching device so as to electrically connect the electric storage device to the first inductor and thereby enabling electrical current to flow through the first branch and the first inductor in the first current direction of current flow with respect to the electric storage device, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field” and “switching the second switching device so as to electrically connect the electric storage device to the second inductor and thereby enabling electrical current to flow through the second branch and the second inductor in the second current direction of current flow with respect to the electric storage device, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field” needs to be corrected. A suggested correction is --switching the first switching device [[so]] in a manner as to electrically connect the electric storage device to the first inductor, due to the electrical energy stored by means of the electric storage device, inducing the first inductor to generate the first magnetic field—and --switching the second switching device [[so]] in a manner as to electrically connect the electric storage device to the second inductor, due to the electrical energy stored by means of the electric storage device, inducing the second inductor to generate the second magnetic field—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 15 “bringing the first inductor into proximity with body tissue…so that the first magnetic field is present in said body tissue” needs to be corrected. A suggested correction is -- bringing the first inductor into proximity with body tissue…[[so]] in a manner that the first magnetic field is [[present]] generated 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 that” is even required or not required.
Claim 16 “varying the first 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 first magnetic field in the body tissue [[so]] in a manner as to generate a voltage in the body tissue or
Claim 17 “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 18 “bringing the second inductor into proximity with the body tissue… so that the second magnetic field is present in said body tissue” needs to be corrected. A suggested correction is -- bringing the second inductor into proximity with the body tissue… [[so]] in a manner that the second magnetic field is [[present]] generated in said body tissue-- 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 19 “wherein the first switching device is configured to electrically connect the electric storage device to the first terminal so as to enable electrical current to flow through the first branch and through the first inductor via said first terminal when the first inductor is connected to the apparatus via said first terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field” needs to be corrected. A suggested correction is –wherein the first switching device is configured to electrically connect the electric storage device to the first terminal enabling electrical current to flow through the first branch and through the first inductor via said first terminal [[when]] based on the first inductor [[is]] being connected to the apparatus via said first terminal, [[caused]]triggered by the electrical energy stored by means of the electric storage device, prompting the first inductor to generate the first magnetic field-- to avoid [a] intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “so as to”, “thereby causing”, “caused by” 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.
Claim 19 “wherein the second switching device is configured to electrically connect the electric storage device to the second terminal so as to enable electrical current to flow through the second branch and through the second inductor via said second terminal when the second inductor is connected to the apparatus via said second terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field” needs to be corrected. A suggested correction is --wherein the second switching device is configured to electrically connect the electric storage device to the second terminal so as to enable electrical current to flow through the second branch and through the second inductor via said second terminal when the second inductor is connected to the apparatus via said second terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field--to avoid [a] intended result/functional limitation interpretation (see MPEP 2144) which would raise question as to whether the limitation proceeding “so as to”, “thereby causing”, “caused by” 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.
Claims 4-6, 11-18 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.
Claim 5, 6 and 17 each recite the term “preferably” term encompassing limitation which renders these claims unclear. More specifically, in claims 5, 6 and 17 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).
Claim 17 recites the term “in particular” term encompassing limitation which renders these claims unclear. More specifically, in claim 17 the term "in particular" 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).
Each of claims 4 in line 2, claim 15 in line 2 recite “body tissue” which render each of these claims unclear. More specifically, it is unclear as to whether claim 4 and claim 15 “body tissue” is the same as, different than or in addition to claim 1 “body tissue” and if different in what way the two differ.
Claim 11 recites generating three different magnetic fields, “magnetic field” of claim 11 line 1, “first magnetic field” of claim 11 line 9 and “second magnetic field” of clam 11 line 15 which render this claim unclear. More specifically, the relationship between them is unclear i.e. does claim 11 line 1 “magnetic field” result from the first magnetic field and second magnetic field being superimposed positively and/or negatively and/or in an overlapping way, in a non-overlapping way or in some other way.
Claim 15 in line 2 “the body tissue”, and in line 3 recite “said body tissue” which render this claim unclear. More specifically, it is unclear as to whether claim 15 “the body tissue” and “said body tissue” is referencing claim 15 line 2 “body tissue” and/or claim 1 line 4 “body tissue”.
Each of claims 16, 17, 18 recite multiple instances of “the body tissue” and/or “said body tissue” which render this claim unclear. More specifically, it is unclear as to whether each of claims 16, 17, 18 “the body tissue” and/or “said body tissue” is referencing claim 15 line 2 “body tissue” and/or claim 1 line 4 “body tissue”.
Dependent claims 6 and 12-18 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 6 and 12-18 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, 3, 11, 19
first Switching device
- thyristor, GTO-thyristor, IGBT, FET(in at least figure 2, figure 26, page 7 lines 4-18), page 76-79.
1, 3, 11, 13, 19
second Switching device
- thyristor, GTO-thyristor, IGBT, FET(in at least figure 2, figure 26, page 7 lines 4-18), page 76-79.
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 § 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 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (Pub. No.: US 20100152522 A1, hereinafter referred to as "Roth").
As per dependent Claim 1, Roth discloses an apparatus for generating a magnetic field for application to body tissue (Roth in at least abstract, fig. 3-5, [0001], [0006], [0008-0012], [0018-0020]. [0045-0046], [0054], [0057-0064], [0076], [0079], [0086], [0094], [0131-0134] for example discloses relevant subject-matter. More specifically, Roth in at least fig. 3-5, abstract, [0001], [0008] for example discloses apparatus for generating a magnetic field for application to body tissue, See at least Roth [0008] “a system for transcranial magnetic stimulation…includes a first electromagnetic stimulating coil configured to be placed on a first external body part of a body, a second electromagnetic stimulating coil in electrical communication with the first electromagnetic stimulating coil and configured to be placed at a second location… resulting in an electric field pulse in an internal body organ”), the apparatus comprising:
an electric storage device for storing electrical energy (Roth in at least fig. 4-5, [0061] for example discloses an electric storage 20 device for storing electrical energy. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14”);
a first inductor for generating a first magnetic field for application to body tissue; a second inductor for generating a second magnetic field (Roth in at least [0008], [0063] for example discloses a first inductor L1 for generating a first magnetic field for application to body tissue; a second inductor L2 for generating a second magnetic field. See at least Roth [0008] “stimulator includes at least one energy storage device configured to discharge current into at least one of the electromagnetic stimulating coils, thus resulting in an electric field pulse in an internal body organ and at least one externally-controllable fast switch coupled to at least one energy storage device and to at least one electromagnetic stimulating coil, thus providing controlled discharge of the current into the coil. “; [0063] “two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”; );
connecting circuitry between the electric storage device and the first and second inductors, wherein the connecting circuitry comprises a first branch between the electric storage device and the first inductor and a second branch between the electric storage device and the second inductor (Roth in at least fig. 4-5, [0061-0063] for example discloses connecting circuitry 22,23 between the electric storage device 20 and the first L1 and second inductors L2, wherein the connecting circuitry comprises a first branch which includes switching device 22 between the electric storage device 20 and the first inductor L1 and a second branch which includes switching device 23 between the electric storage device 20 and the second inductor L2. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14”; [0063] “ two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches: Z1a, Z1b, Z2a and Z2b… switches Z1a, Z1b, Z2a and Z2b are IGBTs; however, any suitable switches may be used. The timing of opening or closing of each switch are controllable”);
a first switching device, wherein the first switching device forms part of the first branch, wherein the first switching device is configured to electrically connect the electric storage device to the first inductor in order to enable electrical current to flow through the first branch and through the first inductor, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field (Roth in at least fig. 4-5, [0061-0063] for example discloses a first switching device 22, wherein the first switching device 22 forms part of the first branch, wherein the first switching device is configured to electrically connect the electric storage device 20 to the first inductor L1 in order to achieve the intended function i.e. in order to enable electrical current to flow through the first branch and through the first inductor, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14”; [0063] “ two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”),
wherein the electrical current flowing through the first branch represents a first current direction of current flow with respect to the electric storage device (Roth in at least fig. 4-5, [0061-0062] for example discloses wherein the electrical current flowing through the first branch represents a first current direction of current flow with respect to the electric storage device 20. See at least Roth [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters”; [0062] “Moreover, each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately.” ); and
a second switching device, wherein the second switching device forms part of the second branch, wherein the second switching device is configured to electrically connect the electric storage device to the second inductor in order to enable electrical current to flow through the second branch and through the second inductor, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field (Roth in at least fig. 4-5, [0061-0063] for example discloses a second switching device 23, wherein the second switching device 23 forms part of the second branch, wherein the second switching device is configured to electrically connect the electric storage device 20 to the second inductor L2 in order to achieve the intended function i.e. in order to enable electrical current to flow through the second branch and through the second inductor, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field. See Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14”; [0063] “ two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”),
wherein the electrical current flowing through the second branch represents a second current direction of current flow with respect to the electric storage device (Roth in at least fig. 4-5, [0061-0062] for example discloses wherein the electrical current flowing through the second branch represents a second current direction of current flow with respect to the electric storage device 20. See at least Roth [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters”; [0062] “Moreover, each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately.”),
Roth does not necessarily require second current direction of current flow is opposite the first current direction of current flow component feature in the applied embodiment.
However, Roth discloses alternate embodiments that disclose wherein the second current direction of current flow is opposite the first current direction of current flow (Roth in at least [0010], [0061-0062] for example discloses the second current direction of current flow is opposite the first current direction of current flow. See at least Roth [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20… relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters.”; [0062] “multiple energy storage devices 20 and multiple fast switches 22 may be used to control first and second stimulating electromagnetic coil 12 and 14, … in parallel. ..each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately”).
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 direction of current flow in the respective first and second branches used in the apparatus for generating a magnetic field for application to body tissue as taught by Roth, such that second current direction of current flow is opposite the first current direction of current flow, as also taught by Roth. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of affecting properties of resulting neuronal activation in the targeted organ by controlling and varying electric field pulse parameters such as direction of current flow produced in a body organ through the use of magnetic stimulation (Roth, abstract, [0001], [0006])
As per dependent Claim 2, Roth as a whole further discloses apparatus wherein the first and second inductors are not connected in series(Roth in at least fig. 5, [0012], [0061-0063] for example discloses the first and second inductors are not connected in series. See Roth [0063] “two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”).
As per dependent Claim 3, Roth as a whole further discloses apparatus wherein the first switching device is configured to enable current flow with respect to the electric storage device only in the first current direction; and wherein the second switching device is configured to enable current flow with respect to the electric storage device only in the second current direction (Roth in at least [0010], [0061-0062] for example discloses the first switching device is configured to enable current flow with respect to the electric storage device only in the first current direction; and wherein the second switching device is configured to enable current flow with respect to the electric storage device only in the second current direction. See Roth at least [0010] “”; [0061] “External control unit 24 further allows for control of the timing of each turning on/off… relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, …and any other parameters.”; [0062] “multiple energy storage devices 20 and multiple fast switches 22 may be used to control first and second stimulating electromagnetic coil 12 and 14,. ..each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately”).
As per dependent Claim 4, Roth as a whole further discloses apparatus wherein the second inductor is configured such that the second magnetic field is also for application to body tissue(Roth in at least fig. 3, [0008], [0058-0062] for example discloses the second inductor is configured such that the second magnetic field is also for application to body tissue as seen in fig. 3. See at least Roth [0060] “Producing high currents in first and second electromagnetic stimulating coils 12 and 14 causes an electric field pulse to be produced in an internal body organ. In some embodiments, the internal body organ is a brain, a spinal cord, or a peripheral nerve. In these cases, the electric field pulse may have a physiological effect on a neuronal structure in the internal body organ”).
As per dependent Claim 5, Roth as a whole further discloses apparatus wherein the first inductor comprises at least a first set of turns, preferably at least a first set of generally circular, hexagonal or rectangular turns, wherein the turns of the first set of turns are preferably arranged such that each turn generates a contribution towards the first magnetic field when the electrical current flows through the first inductor, wherein the contributions generated by each turn are superimposed in a positive manner, wherein the first inductor is disposed within a first casing connected to a first conduit through which extends at least a first cable for supplying electrical power to the first set of turns, and wherein the second inductor is not disposed within said first casing(Roth’s disclosure in fig. 3, [0008], [0058], [0061] for example makes obvious subject-matter as now explicitly, positively and specifically recited by the Applicants i.e. wherein the first inductor comprises at least a first set of turns, wherein the contributions generated by each turn can be superimposed in a positive manner, wherein the first inductor is disposed within a first casing connected to a first conduit through which extends at least a first cable for supplying electrical power to the first set of turns, and wherein the second inductor is not disposed within said first casing as seen in fig. 3. See at least [0058] “System 10 includes a first electromagnetic stimulating coil 12 and a second electromagnetic stimulating coil 14, each of which is positionable on a body of a subject 16. In the embodiment shown herein, first and second electromagnetic stimulating coils 12 and 14 are positioned on a head of subject 16 for use in treating the brain. It should be readily apparent, however, that other body parts may be used with system 10 as well. A stimulator 18 is electrically coupled to the first and second electromagnetic stimulating coils 12 and 14, and is configured to provide a high current to the electromagnetic stimulating coils”; and [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters”).
As per dependent Claim 6, Roth as a whole further discloses apparatus wherein the second inductor comprises at least a second set of turns, preferably at least a second set of generally circular, hexagonal or rectangular turns, wherein the turns of the second set of turns are preferably arranged such that each turn generates a contribution towards the second magnetic field when the electrical current flows through the second inductor, wherein the contributions generated by each turn are superimposed in a positive manner, wherein the second inductor is disposed within a second casing connected to a second conduit through which extends at least a second cable for supplying electrical power to the second set of turns, and wherein the first inductor is not disposed within said second casing (Roth’s disclosure in fig. 3, [0008], [0058], [0061] for example makes obvious subject-matter as now explicitly, positively and specifically recited by the Applicants i.e. wherein the second inductor comprises at least a second set of turns, wherein the contributions generated by each turn can be superimposed in a positive manner, wherein the second inductor is disposed within a second casing connected to a second conduit through which extends at least a second cable for supplying electrical power to the second set of turns, and wherein the first inductor is not disposed within said second casing as seen in fig. 3. See at least [0058] “System 10 includes a first electromagnetic stimulating coil 12 and a second electromagnetic stimulating coil 14, each of which is positionable on a body of a subject 16. In the embodiment shown herein, first and second electromagnetic stimulating coils 12 and 14 are positioned on a head of subject 16 for use in treating the brain. It should be readily apparent, however, that other body parts may be used with system 10 as well. A stimulator 18 is electrically coupled to the first and second electromagnetic stimulating coils 12 and 14, and is configured to provide a high current to the electromagnetic stimulating coils”; and [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters” ).
As per dependent Claim 7, Roth as a whole further discloses apparatus wherein the first inductor is wound on a first core and the second inductor is wound on a second core different from the first core(Roth’s disclosure in at least fig. 3-5, [0012], [0054], [0062] for example makes obvious the first inductor is wound on a first core and the second inductor is wound on a second core different from the first core. See at least Roth [0012] “first and second electromagnetic stimulating coils may have the same inductance or different inductances. They may be connected in … parallel.”; [0054] “systems … include multiple electromagnetic stimulating coils, with similar and/or different inductances, electrically connected … in parallel”; [0062] “control first and second stimulating electromagnetic coil 12 and 14, … in parallel. Moreover, each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately”).
As per dependent Claim 8, Roth as a whole further discloses apparatus wherein the first inductor and the second inductor are moveable independently from each other(Roth in at least fig. 3, [0058-0059] for example discloses the first inductor and the second inductor positioned at different biological location and thus are moveable independently from each other. See at least Roth [0059] “first electromagnetic stimulating coil 12 is placed on an external body part, while second electromagnetic stimulating coil 14 is placed remote from the body of the subject”).
As per dependent Claim 9, Roth as a whole further discloses apparatus wherein a first inductance of the first inductor and/or a second inductance of the second inductor is one of discretely variable and substantially continuously variable(Roth in at least [0086], [0094] for example discloses a first inductance of the first inductor and/or a second inductance of the second inductor is one of discretely variable and substantially continuously variable).
As per dependent Claim 10, Roth as a whole further discloses apparatus wherein the electric storage device comprises a pulse capacitor which can be charged by a charging circuit(Roth’s disclosure in at least [0010], [0061] for example makes obvious electric storage device comprises a pulse capacitor which can be charged by a charging circuit. See at least Roth [0061] “Stimulator 18, in accordance with embodiments of the present invention. Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14. An external control unit 24 is in electrical communication with stimulator 18 for controlling parameters of energy storage device 20 and fast switches 22 and 23. External control unit 24 allows for turning on/off of fast switches 22 and 23 or of more than two fast switches. External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters.”).
As per dependent Claim 11, Roth as a whole further discloses a method of generating a magnetic field (Roth in at least fig. 3, abstract, [0001], [0009] for example discloses a method of generating a magnetic field. See at least Roth [0009] “a method for producing a physiological effect in an internal body organ using transcranial magnetic stimulation. The method includes providing a system having a first and a second electromagnetic stimulating coil, a stimulator for stimulating the first and second electromagnetic stimulating coils, the stimulator including at least one energy storage device and at least one externally-controllable fast switch, and an external control unit in electrical communication with the stimulator for controlling the fast switch, positioning the first electromagnetic stimulating coil on a first body part, positioning the second electromagnetic stimulating coil at a second location, stimulating the first and second electromagnetic stimulating coils using the stimulator, and controlling parameters of the stimulator using the external control unit, thereby controlling at least one parameter of an electric field pulse produced at an internal body part”), the method comprising:
providing an apparatus according to claim 1 (fig. 3-5, also see claim 1);
storing electrical energy in the electric storage device (Roth in at least [0010], [0061], [0064] for example discloses storing electrical energy in the electric storage device 20. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14. An external control unit 24 is in electrical communication with stimulator 18 for controlling parameters of energy storage device 20 and fast switches 22 and 23”);
switching the first switching device so as to electrically connect the electric storage device to the first inductor and thereby enabling electrical current to flow through the first branch and the first inductor in the first current direction of current flow with respect to the electric storage device, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field (Roth in at least [0061] discloses switching the first switching device so as to electrically connect the electric storage device to the first inductor and thereby enabling electrical current to flow through the first branch and the first inductor in the first current direction of current flow with respect to the electric storage device, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14. An external control unit 24 is in electrical communication with stimulator 18 for controlling parameters of energy storage device 20 and fast switches 22 and 23. External control unit 24 allows for turning on/off of fast switches 22 and 23 …External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20”); and
switching the second switching device so as to electrically connect the electric storage device to the second inductor and thereby enabling electrical current to flow through the second branch and the second inductor in the second current direction of current flow with respect to the electric storage device, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field (Roth in at least [0061] disclose switching the second switching device so as to electrically connect the electric storage device to the second inductor and thereby enabling electrical current to flow through the second branch and the second inductor in the second current direction of current flow with respect to the electric storage device, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field. [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14. An external control unit 24 is in electrical communication with stimulator 18 for controlling parameters of energy storage device 20 and fast switches 22 and 23. External control unit 24 allows for turning on/off of fast switches 22 and 23 …External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20”).
As per dependent Claim 15, Roth as a whole further discloses method further comprising bringing the first inductor into proximity with body tissue, or bringing the body tissue into proximity with the first inductor, so that the first magnetic field is present in said body tissue (Roth fig. 3, [0001], [0058-0059]. See at least Roth [0058] “System 10 includes a first electromagnetic stimulating coil 12 and a second electromagnetic stimulating coil 14, each of which is positionable on a body of a subject 16. In the embodiment shown herein, first and second electromagnetic stimulating coils 12 and 14 are positioned on a head of subject 16 for use in treating the brain. It should be readily apparent, however, that other body parts may be used with system 10 as well “; [0059] “first electromagnetic stimulating coil 12 is placed on an external body part”).
As per dependent Claim 16, Roth as a whole further discloses method further comprising varying the first 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 (Roth [0001], [0054], [0061] for example discloses varying the first 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. See at least Roth [0001] “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”; [0061] “External control unit 24 allows for turning on/off of fast switches 22 and 23 or of more than two fast switches. External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters.”).
As per dependent Claim 17, Roth as a whole further discloses method 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, in particular a muscle reaction, in the body tissue, wherein preferably the voltage or the movement of charges is sufficient to cause a therapeutic effect (Roth, [0001], [0054], [0058], [0060] for example discloses 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, in particular a muscle reaction, in the body tissue, wherein preferably the voltage or the movement of charges is sufficient to cause a therapeutic effect. See at least Roth [0054] “physiologic effects produced in different regions in the body, such as different brain regions, and/or spinal cord or peripheral nerves regions. For example it may be possible to increase the specificity of the effect induced in a certain brain region, such as in deeper neuronal structures.”; [0058] “first and second electromagnetic stimulating coils 12 and 14 are positioned on a head of subject 16 for use in treating the brain. ”).
As per dependent Claim 18, Roth as a whole further discloses method further comprising bringing the second inductor into proximity with the body tissue, or bringing the body tissue into proximity with the second inductor, so that the second magnetic field is present in said body tissue (Roth fig. 3, [0058-0059]. See at least [0058] “System 10 includes a first electromagnetic stimulating coil 12 and a second electromagnetic stimulating coil 14, each of which is positionable on a body of a subject 16. In the embodiment shown herein, first and second electromagnetic stimulating coils 12 and 14 are positioned on a head of subject 16 for use in treating the brain. It should be readily apparent, however, that other body parts may be used with system 10 as well A”; [0059] “first electromagnetic stimulating coil 12 is placed on an external body part, while second electromagnetic stimulating coil 14 is placed remote from the body of the subject.” ).
As per dependent Claim 19, Roth discloses an apparatus for use with a first inductor and a second inductor, the first inductor for generating a magnetic field for application to body tissue (Roth in at least abstract, fig. 3-5, [0001], [0006], [0008-0012], [0018-0020]. [0045-0046], [0054], [0057-0064], [0076], [0079], [0086], [0094], [0131-0134] for example discloses relevant subject-matter. More specifically, Roth in at least fig. 3-5, abstract, [0001], [0008] for example discloses an apparatus for use with a first inductor and a second inductor, the first inductor for generating a magnetic field for application to body tissue. See at least Roth [0008] “a system for transcranial magnetic stimulation…includes a first electromagnetic stimulating coil configured to be placed on a first external body part of a body, a second electromagnetic stimulating coil in electrical communication with the first electromagnetic stimulating coil and configured to be placed at a second location… resulting in an electric field pulse in an internal body organ”; [0058]“System 10 includes a first electromagnetic stimulating coil 12 and a second electromagnetic stimulating coil 14, each of which is positionable on a body of a subject 16’), the apparatus comprising:
an electric storage device for storing electrical energy(Roth in at least fig. 4-5, [0061] for example discloses an electric storage 20 device for storing electrical energy. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14”);
a first terminal for connection to the first inductor for generating a first magnetic field for application to body tissue; a second terminal for connection to the second inductor for generating a second magnetic field (Here, the claim limitation is being interpreted broadly yet reasonably as encompassing both indirect/direct interactions, arrangement, associations, linkages, operation, functions and results. Roth in at least fig. 3-4, [0008], [0061-0063] for example discloses a first terminal for at least indirect connection to the first inductor L1 for generating a first magnetic field for application to body tissue and a second terminal for at least indirect connection to the second inductor for generating a second magnetic field. See at least Roth [0008] “stimulator includes at least one energy storage device configured to discharge current into at least one of the electromagnetic stimulating coils, thus resulting in an electric field pulse in an internal body organ and at least one externally-controllable fast switch coupled to at least one energy storage device and to at least one electromagnetic stimulating coil, thus providing controlled discharge of the current into the coil. “; [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14. An external control unit 24 is in electrical communication with stimulator 18 for controlling parameters of energy storage device 20 and fast switches 22 and 23. External control unit 24 allows for turning on/off of fast switches 22 and 23 or of more than two fast switches. External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters.”; [0063] “two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”;);
connecting circuitry between the electric storage device and the first and second terminals, wherein the connecting circuitry comprises at least a first branch leading to the first terminal and a second branch leading to the second terminal(Here, the claim limitation is being interpreted broadly yet reasonably as encompassing both indirect/direct interactions, arrangement, associations, linkages, operation, functions and results. Roth in at least fig. 3-5, [0058], [0061-0063] for example discloses connecting circuitry 22, 23 between the electric storage device 20 and the first and second terminals, wherein the connecting circuitry comprises at least a first branch which includes switching device 22 leading to the first terminal and a second branch which includes switching device 23 leading to the second terminal. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14”; [0063] “ two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches: Z1a, Z1b, Z2a and Z2b… switches Z1a, Z1b, Z2a and Z2b are IGBTs; however, any suitable switches may be used. The timing of opening or closing of each switch are controllable”);
a first switching device, wherein the first switching device forms part of the first branch, wherein the first switching device is configured to electrically connect the electric storage device to the first terminal so as to enable electrical current to flow through the first branch and through the first inductor via said first terminal when the first inductor is connected to the apparatus via said first terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field (Here, the claim limitation is being interpreted broadly yet reasonably as encompassing both indirect/direct interactions, arrangement, associations, linkages, operation, functions and results. Roth in at least fig. 4-5, [0061-0063] for example discloses a first switching device 22, wherein the first switching device 22 forms part of the first branch, wherein the first switching device is configured to electrically at least indirectly connect the electric storage device 20 to the first terminal in order to achieve the intended function i.e. so as to enable electrical current to flow through the first branch and through the first inductor via said first terminal when the first inductor is connected to the apparatus via said first terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the first inductor to generate the first magnetic field. See at least Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14”; [0063] “ two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”),
wherein the electrical current flowing through the first branch represents a first current direction of current flow with respect to the electric storage device(Roth in at least fig. 4-5, [0061-0062] for example discloses wherein the electrical current flowing through the first branch represents a first current direction of current flow with respect to the electric storage device 20. See at least Roth [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters”; [0062] “Moreover, each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately.”); and
a second switching device, wherein the second switching device forms part of the second branch, wherein the second switching device is configured to electrically connect the electric storage device to the second terminal so as to enable electrical current to flow through the second branch and through the second inductor via said second terminal when the second inductor is connected to the apparatus via said second terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field (Here, the claim limitation is being interpreted broadly yet reasonably as encompassing both indirect/direct interactions, arrangement, associations, linkages, operation, functions and results. Roth in at least fig. 4-5, [0061-0063] for example discloses a second switching device 23, wherein the second switching device 23 forms part of the second branch, wherein the second switching device is configured to at least indirectly electrically connect the electric storage device to the second terminal in order to achieve the intended function i.e. so as to enable electrical current to flow through the second branch and through the second inductor via said second terminal when the second inductor is connected to the apparatus via said second terminal, caused by the electrical energy stored by means of the electric storage device, thereby causing the second inductor to generate the second magnetic field. See Roth [0061] “Stimulator 18 includes at least one energy storage device 20 for discharge of current into at least one of the first or second electromagnetic stimulating coils 12 and 14, and at least two externally-controllable fast switches 22 and 23, each one coupled to energy storage device 20 and to at least one of first and second electromagnetic stimulating coils 12 and 14”; [0063] “ two stimulating coils L1 and L2 are connected in parallel, with one capacitor C1 and four switches”),
wherein the electrical current flowing through the second branch represents a second current direction of current flow with respect to the electric storage device (Roth in at least fig. 4-5, [0061-0062] for example discloses wherein the electrical current flowing through the second branch represents a second current direction of current flow with respect to the electric storage device 20. See at least Roth [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20, time intervals between pulses or combinations of pulses, pulse widths, relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters”; [0062] “Moreover, each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately.”),
Roth does not necessarily require a second circuit component feature in the applied embodiment.
Roth does not necessarily require second current direction of current flow is opposite the first current direction of current flow component feature in the applied embodiment.
However, Roth discloses alternate embodiments that disclose wherein the second current direction of current flow is opposite the first current direction of current flow (Roth in at least [0010], [0061-0062] for example discloses the second current direction of current flow is opposite the first current direction of current flow. See at least Roth [0061] “External control unit 24 further allows for control of the timing of each turning on/off, amplitude of the initial voltage on the energy storage device 20, frequency of discharging of energy storage device 20… relative polarities of current directions in coils 12 and 14 at different periods of operation, direction of current flow in coils 12 and 14, numbers of each type of pulse, and any other parameters.”; [0062] “multiple energy storage devices 20 and multiple fast switches 22 may be used to control first and second stimulating electromagnetic coil 12 and 14, … in parallel. ..each fast switch 22 or 23 may enable current flow in one or the other direction, and/or in both directions, and the turning on/off of the flow in each direction may be controllable separately”).
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 direction of current flow in the respective first and second branches used in the apparatus for use with a first inductor and a second inductor with the first inductor for generating a magnetic field for application to body tissue as taught by Roth, such that second current direction of current flow is opposite the first current direction of current flow, as also taught by Roth. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of affecting properties of resulting neuronal activation in the targeted organ by controlling and varying electric field pulse parameters such as direction of current flow produced in a body organ through the use of magnetic stimulation (Roth, abstract, [0001], [0006])
Contingently Allowable Subject-Matter
As per dependent claims 12-14, dependent claims 12-14 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 12-14, dependent claims 12-14 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 12, none of the prior art discloses a method of generating a magnetic field, the method comprising: providing an apparatus according to claim 1 wherein the apparatus is operated in a pulsed manner, wherein the electrical current flowing through the first branch represents a first half pulse and wherein the electrical current flowing through the second branch represents a second half pulse, the first half pulse and the second half pulse together forming a pulse 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 13-14, dependent claims 13-14 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.
Prior art US 20140035711 A1 to Friebe et al. for disclosing AC inductor that includes a core, at least one permanent magnet for magnetically biasing the core, an inductor winding on the core, and a circuitry which guides an alternating current which flows through the AC inductor in such a way through the inductor winding that, during each half-wave of the alternating current, the alternating current generates a magnetization of the core which is opposite to the magnetization by the permanent magnet. This circuitry includes a commutator which guides the alternating current flowing between two contacts of the AC inductor through the same part of the inductor winding with a same flow direction during each of the half-wave of the alternating current. This prior art is similar to that disclosed in terms of electronic circuitry based magnetic field generation.
Prior art US 20090147541 A1 to Shimada et al. for disclosing complex inductor that changes its magnetic coupling polarity according to currents flowing its two inductors similar to that disclosed. The complex inductor includes a first magnetic member, around which first and third windings are formed, and a second magnetic member, around which second and fourth windings are formed. A first inductor is formed by connecting the first winding to the second winding, and a second inductor is formed by connecting the third winding to the fourth winding. The two magnetic members are made of a magnetic material having a magnetic permeability that gradually decreases as its magnetic flux density is increased. When the two windings are interconnected in a direction in which induced voltages generated in these windings by the current flowing in the second inductor weaken each other, the magnetic coupling polarity between the first and second inductors changes according to the current flowing in the inductors. The two inductors are magnetically coupled so that, when one of the two inductors stores energy, the current flowing in the other inductor increases, and when one of the two inductors releases energy, the current flowing in the other inductor decreases.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791
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