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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The specifications do not provide ANY drawings showing the claimed subject matter. Therefore, the claimed subject matter must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 9 and 10 are objected to because of the following informalities:
In claim 9 line 6, delete “thanks to” and replace with “by”.
In claim 10 line 6 delete “thanks to” and replace with “by”.
Appropriate correction is required.
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 1-20 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.
In claim 1, line 3, 4-5 states “human and animal body”. this recitation raises the question if the method if applied for the human and animal body together or in the or in the alternative since it is recited as human/ animal body in line 10.
In claim 1 line 8, it is unclear as to what is meant by “concerned components”. It raises questions as to what other components are connected to the direct current generator etc.
In claim 1 line 7, it is unclear as to what is an “electrical frequency generator”, is this an alternating current generator in addition to the direct current generator?
In claim 1 lines 12-18 as recited renders the claim unclear since it is unclear as to what configuration changes a resistance to an electrical current. Resistance is an opposition to the flow of electric current within a conductor. An electric current is a flow of charged particles, such as electrons or ions, moving through an electrical conductor.
Claim 2 recites the limitation "the bacteria" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the membrane" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the genetic materials" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the free radicals" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the body fluids " in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the electrodes carried … " in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the electrodes carried … " in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the covalent bond … " in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the free radicals " in line 7. There is insufficient antecedent basis for this limitation in the claim.
Upon review of the originally filed application disclose, “a stimulation of a low dose electrical current (300Hz and 2.5 V) was applied for forty minutes to positive electrodes placed on the chest and abdomen of the rats and negative electrodes placed on the back at the exact opposite of their chest and abdomen” (e.g. [0052]). Claims 2-20 recite results of the application of this stimulation obtained by biochemical analysis and histopathological examination and therefore it is unclear as to any and what additional steps are being claimed to obtain the results claimed in these claims.
The dependent claims inherit the deficiencies.
RELEVANT PRIOR ART CITED BUT NOT APPLICABLE:
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
The closest prior art is D’Alerta (U.S. Patent Application Publication Number: US 2003/0045915 A1, hereinafter ‘D’Alerta”), which shows method of applying low doses of a direct electric current (i.e. transcutaneous low intensity direct current TLIDC e.g. abstract, [0002], pain relief therefore anti-inflammatory, [0030], [0031]: cellular level chemical and biological reactions) to the human and animal body, comprising:
serial connecting a direct current generator, a human/animal body, an on/off switch with a conductive wire, wherein the direct current generator is allowed to convert an alternative current to a direct current and/or the direct current generator has a direct current accumulator/battery, and the human/animal body functions as a resistance(e.g. [0029],[0030]: The treatment devices have a source of direct current, means for controlling the parameters of the current, and two cables with contact terminals, one anode and one cathode),
a circuit configuration, wherein the circuit configuration (e.g. [0029],[0030]: The treatment devices have a source of direct current, means for controlling the parameters of the current, and two cables with contact terminals, one anode and one cathode) is created by connecting a positively charged (anode) wire and connecting a negatively charged (cathode) wire on a back and/or on an opposite of a point of a connection of the positively charged wire in the human/animal body to create a 180° angle (e.g. Fig. 9 shows that the anode is placed on the spinal column and the cathode is placed in the opposite side of the spinal column ([0060]: The cathode should be applied to the side of the body which is to be treated and the anode should be applied to the opposite side of the spinal column at the corresponding level, [0061]: direct (galvanic) current having a unidirectional constant flow and being of low current, an amperage of about 1 mA, a frequency of 0.3-1000 Hz, and a pulse width of 10-1000 .mu.Sec).
However D’Alerta does not specifically teach the circuit configuration is created by connecting a positively charged (anode) wire from a lung and/or an abdominal area and/or legs and/or arms and connecting a negatively charged (cathode) wire on a back and/or on an opposite of a point of a connection of the positively charged wire in the human/animal body to create a 180° angle.
The claims are full of vague, indefinite terms and phrases making the claims difficult to interpret. Upon correction of the 112 second paragraph rejections, the claims may be further rejected under 112 first and second paragraphs and/or rejected under 35 USC 101 or 35 USC 102 and 103 with new art or art of record and the case be made final.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALLIKA DIPAYAN FAIRCHILD whose telephone number is (571)270-7043. The examiner can normally be reached Monday- Friday 8 am-5pm EST.
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/MALLIKA D FAIRCHILD/Primary Examiner, Art Unit 3792