DETAILED ACTION
It appears the inventor(s) filed the current application pro se (i.e., without the benefit of representation by a registered patent practitioner). While inventors named as applicants in a patent application may prosecute the application pro se, lack of familiarity with patent examination practice and procedure may result in missed opportunities in obtaining optimal protection for the invention disclosed. The inventor(s) may wish to secure the services of a registered patent practitioner to prosecute the application, because the value of a patent is largely dependent upon skilled preparation and prosecution. The Office cannot aid in selecting a patent practitioner.
A listing of registered patent practitioners is available at https://oedci.uspto.gov/OEDCI/. Applicants may also obtain a list of registered patent practitioners located in their area by writing to Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Examiner has cited the references on form PTO-892, so they have been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-3 are not in proper form. Each claim must be one sentence. Claims must positively recite elements, not give options or possibilities. Claim limitations must be objective, not subjective. Lists of groupings must be closed. Redundant limitations must be avoided. Terminology must be consistent.
Examiner proposes taking the optional features of claim 1 and making them dependent claims.
Examiner has drafted a proposal to resolve issues under 35 USC 112(b):
1. A piece of [M]magnetic jewelry
[A]a magnet or series of magnets, each having a magnetic force,
[W]whereinseries of magnets is configured to spin relative to an axis ,
thereby creating a a user wearing the piece of magnetic jewelry.
2. The piece of magnetic jewelry of claim 1, wherein each of the magnet or series of magnets has a shape selected from the list of shapes consisting ofthe piece of magnetic jewelry for a variety of decorative choices.
3. The piece of magnetic jewelry of claim 1, wherein the piece of magnetic jewelry is selected from the group
4. (New) The piece of magnetic jewelry of claim 1, wherein the magnet or series of magnets is selected from the group consisting of neodymium and ferrite.
5. (New) The piece of magnetic jewelry of claim 1, wherein the magnet or series of magnets has a coating selected from the group consisting of silver, nickel, black epoxy, 24k electro-plated gold, platinum, and black nickel.
For purposes of applying the prior art, the claims are read as if they are amended as above. Note that proposed claims 4-5 include elements that are not required by original claim 1 but were listed as optional. The list of the coatings proposed for claim 5 was found in the specification (par. 0029). Limitations are not read into the claims from the specification when examining the claims. Examiner is therefore not giving proposed claim 4-5 further consideration when construing the prior art under 35 USC 102. However, to aid applicant in responding, Examiner is providing several prior art references that teach the optional features (see the listing of references under the Conclusion section with the citation of pertinent prior art).
Claim Rejections - 35 USC § 102
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4052864 to Hofsaess.
Regarding Claim 1, Hofsaess teaches a piece of magnetic jewelry for therapeutic and decorative purposes (the ring of Figure 1 includes magnets; by virtue of including magnets, it can be said that the jewelry provides some therapeutic function, even if it is unintentional) comprising:
a magnet or series of magnets, each having a magnetic force (magnets 33, 45, Figure 4),
wherein the magnet or series of magnets is configured to spin relative to an axis (as the person wearing the ring moves, the pendulum component 26 will try to hang downward with respect to gravity, thereby causing a rotation or oscillation of the pendulum component 26 which in turn will act on the magnets 45 and rotate or oscillate the top platform 40, col. 2, lines 17-44), thereby creating a therapeutic magnetic field around and into a user wearing the piece of magnetic jewelry (by virtue of the magnets moving near the user, a magnetic field is generated and directed around and into the user, providing a therapeutic effect whether it is intended or not).
Regarding Claim 2, Hofsaess further teaches the piece of magnetic jewelry of claim 1, wherein each of the magnet or series of magnets has
Regarding Claim 3, Hofsaess further teaches the piece of magnetic jewelry of claim 1, wherein the piece of magnetic jewelry is selected from the group consisting of a bracelet, a necklace, a pendant, a charm, an anklet, and a ring (Figure 1 – ring; Figure 5 – bracelet/anklet; Figure 6 – charm/pendant/necklace).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240091549 to Otsubo and US 20190358559 to Bennett teaches a bracelet toy with magnets that rotate and slide along the band of the bracelet. This reads on the claimed invention.
US 20200163423 to Nelson, US 20160106186 to Noble, US 8991210 to Stewart, US 20110219821 to Daniel teaches jewelry with rotating pieces and may include rotating magnets that incidentally read on the claimed invention.
CN 109527730 to Qiao teaches a magnetic therapy bracelet with movable magnets.
KR 2019029542 to Hyun teaches a magnetic therapy bracelet with magnetic beads that look like Applicant’s Figure 5 and appear to be rotatable around the band of the bracelet.
US 20180310882 and US 10182759 to Feng and US 8769986 to DiPietro, US 6101843 to Nagano teach rotating rings with magnets, which appears to incidentally read on the claimed invention.
US 9744374 to Bower teaches a magnetic therapy jewelry with rotating magnet (Figure 2). US 20110048069 to Komatsu, US 20080041099 to Hirata, US 20070038015 to Quail, US 20060137396 to Ma, US 20050148809 to Delaney, US 20050039488 to Dunmire, US 20040126621 and US 7371472 to Fukuda teach magnetic therapy jewelry.
US 6594871 to Hoffman, US 6591462 to Fuhrman, US 6544164 to Fan, US 6427486 to Yellen, US 5806346 to Schlinger, US 5732451 to Mars, US 5720046 to Lopez, US 5195335 to Hart, US 4912944 to Crosley were cited by Applicant in the specification and are now cited on the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA MARIE HOFFA whose telephone number is (571)270-7408. The examiner can normally be reached Monday - Friday 9:30 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANGELA M. HOFFA
Primary Examiner
Art Unit 3799
/Angela M Hoffa/Primary Examiner, Art Unit 3799