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 .
Response to Amendment
Applicant’s amendment dated November 20, 2025 is acknowledged. Currently claims 8-9, 11-14, 21-30, and 32-35 are pending in this application.
Response to Arguments
Applicant's arguments filed November 20, 2025 have been fully considered and are persuasive inasmuch as they apply to the amended rejections as required by the amendments to the claims. Examiner notes that new rejections under 35 U.S.C. 112 have been included that affect the ability to fully determine the patentability of the claims.
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 8-14 and 21-33 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.
Claim 8 lines 5-7 recite the phrase “wherein the level of SHBG in the blood of the subject is increased after apply the alternating electric field to the subject increasing a level of Sex Hormone Binding Globulin (SHBG) in the blood of the subject”. It is unclear how the level of SHBG is ascertained after the electrical field is applied.
Claim 12 recites the limitation “wherein a level of SHBG-testosterone complex in the blood is increased after applying the alternating electric field to the subject.” It is unclear how it is known that the SHBG-testosterone complex is increased as it is not measured before the electrical field is applied.
Claim 26 recites the limitation, “wherein the cycling between the predetermined treatment time period and the predetermined rest time period is ceased after the level of SHBG in the subject's blood reaches a target level of SHBG.” It is unclear how a target level is ascertained as the SHBG level in the blood is only determined before treatment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda K Hulbert whose telephone number is (571)270-1912. The examiner can normally be reached Monday - Friday 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at 571-272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Amanda K Hulbert/ Primary Examiner, Art Unit 3792
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