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 .
Claim Objections
Claims 7, 14, and 20 are objected to because of the following informalities:
In claim 7, line 2, “same magnitude flows” should read “same magnitude flow”
In claim 14, line 2, “same magnitude flows” should read “same magnitude flow”
In claim 20, line 2, “same magnitude flows” should read “same magnitude flow”
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.
Claim 4 is 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.
Regarding claim 4, the phrase “at least one of a solenoid structure, a vertical or horizontal Helmholtz structure, a core coil structure, a multi-stage set coil multi-phase structure, an upper or lower coil selection Helmholtz magnetic field focusing structure, a multi-stage multiple coil multi-phase structure, and a core coil multi-frequency application rotation structure” renders the claim indefinite. It is unclear whether the claim requires one of the options listed, as suggested by “at least one”, or all of the options, as suggested by the use of “and”. It is suggested to change “and” to “or”. For the purposes of examination, the claim is treated as requiring only one of the options listed. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1, 7, 11, 14, and 20 rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites “cells in the space”, subsequentially, claims 7, 11, 14, and 20 recite “a treatment region of a body is placed in a space”; as a result, these limitations require a human being. "Configured to" language is suggested to overcome these rejections.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim(s) 1-9 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boynton et al. (US 20030095022) in view of Chen et al. (CN 108607162), citing to attached translation.
Regarding claim 1, Boynton et al. teaches a static magnetic field generator for enhancing the health of an organism, the static magnetic field generator (Abstract; para. 0062) comprising:
a static magnetic field generating unit (Fig. 1, magnetic field generating means 12); and
a space in which a static magnetic field is formed by the static magnetic field generating unit (para. 0060, “volume of space”; Fig. 1, volume 28).
Boynton et al. fails to specifically disclose a static magnetic field generator for treatment of cancer, wherein the formed static magnetic field does not substantially act on normal cells in the space and acts on cancer cells to be killed.
Chen et al. teaches an analogous static magnetic field generator for treatment of cancer (page 2, para. 7, "the device can generate external magnetic field has inhibiting effect for tumour in the body"), wherein the formed static magnetic field does not substantially act on normal cells in the space and acts on cancer cells to be killed (page 4, para. 4, “inhibiting effect to various human tumour cell growth, inhibiting effect intensity and magnetic field radiation time is directly related to length, then little effect on normal cells”).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the static magnetic field generator of Boynton et al. with the disclosed treatment of cancer, wherein the formed static magnetic field generator targets cancer cells, of Chen et al. Because the intensity range of the magnetic field is analogous for wound repair and cancer, it would be advantageous to disclose that the static magnetic field generator is capable of targeting and inhibiting cancer cell activity. This additional feature may broaden the magnetic field generator’s pertinent clinical applications (Chen et al., page 2, para. 3, “bone wound repair” and page 2, para. 3, “tumour cell outer growth has obvious inhibiting effect”).
Regarding claim 2, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 1 as stated above wherein the formed static magnetic field has a magnitude range of 0.1 mT to 4 T (Boynton et al., Fig. 4; paragraphs 0070 & 0072).
Regarding claim 3, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 1 as stated above wherein the static magnetic field is configured to be generated by a direct current (Boynton et al., para. 0062; Fig. 1, direct current 24).
Regarding claim 4, as best understood in light of the rejection under 35 U.S.C. 112(b) above, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 3 as stated above wherein the static magnetic field generating unit has at least one of a solenoid structure, a vertical or horizontal Helmholtz structure (Boynton et al., para. 0062-0064 and 0069; Fig. 2, where the structure has two identical Helmholtz-like outer coils 50 and inner coils 60), a core coil structure, a multi-stage set coil multi-phase structure, an upper or lower coil selection Helmholtz magnetic field focusing structure, a multi-stage multiple coil multi-phase structure, and a core coil multi-frequency application rotation structure.
Regarding claim 5, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 3 as stated above wherein the static magnetic field generating unit includes a plurality of coil units (Boynton et al., para. 0063; Fig. 1, coils 20), and
a space in which the static magnetic field is formed is placed in a space between the plurality of coil units (Boynton et al., paragraphs 0052 and 0058-0060; Fig. 1, static magnetic field 26 and volume 28).
Regarding claim 6 Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 5 as stated above wherein the plurality of coil units comprises:
a first coil unit in which a cylindrical coil is wound multiple times around a first central axis (Boynton et al., paragraphs 0062-0063; Fig. 1, longitudinal axis 13); and
a second coil unit which is separated from the first coil by a preset distance and in which a cylindrical coil is wound multiple times around a second central axis coaxial with the first central axis (Boynton et al., Fig. 2; paragraphs 0062-0063; Fig. 1, longitudinal axis 13; claim 9 recites “conductive coaxial coils”).
Regarding claim 7, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 6 as stated above wherein currents of a same magnitude flow through the first coil unit and the second coil unit in the same direction (Boynton et al., para. 0062; Fig. 1, direct current 24; claim 2), and
a treatment region of a body is placed in a space between the first coil unit and the second coil unit (Boynton et al., paragraphs 0052, 0059, and 0071; Fig. 2, where the patient would be disposed on the therapeutic bed).
Regarding claim 8, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 7 as stated above wherein the first coil unit and the second coil unit have coils of a same thickness which are wound around a same area in a same number of turns with same inner and outer diameters (Boynton et al., Fig. 2; paragraphs 0065-0066 and 0069-0070).
Regarding claim 9, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 6 as stated above further comprising:
a first coil housing configured to surround and support the first coil unit (Boynton et al., para. 0063); and
a second coil housing configured to surround and support the second coil unit (Boynton et al., para. 0063).
Regarding claim 11, Boynton et al. teaches a static magnetic field generator for enhancing the health of an organism, the static magnetic field generator (Abstract; para. 0062) comprising:
a plurality of coil units configured to generate a static magnetic field for a treatment region of a body (Fig. 1, coils 20 and static magnetic field 26; para. 0059),
wherein a treatment region of the body is placed in a space between the plurality of coil units (paragraphs 0052, 0059, and 0071; Fig. 2, where the patient would be disposed on the therapeutic bed).
Boynton et al. fails to specifically disclose a static magnetic field generator for treatment of cancer.
Chen et al. teaches an analogous static magnetic field generator for treatment of cancer (page 2, para. 7, "the device can generate external magnetic field has inhibiting effect for tumour in the body").
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the static magnetic field generator of Boynton et al. with the disclosed treatment of cancer of Chen et al. Because the intensity range of the magnetic field is analogous for wound repair and cancer, it would be advantageous to disclose that the static magnetic field generator is capable of targeting and inhibiting cancer cell activity. This additional feature may broaden the magnetic field generator’s pertinent clinical applications (Chen et al., page 2, para. 3, “bone wound repair” and page 2, para. 3, “tumour cell outer growth has obvious inhibiting effect”).
Regarding claim 12, Boynton et al., in view of Chen et al., teaches a static magnetic field generator according to claim 11 as stated above wherein a magnitude of the generated static magnetic field is configured to have a range of 0.1 mT to 4 T (Boynton et al., Fig. 4; paragraphs 0070 & 0072), and
a space in which the static magnetic field is formed is placed in the space between the plurality of coil units (Boynton et al., paragraphs 0052 and 0058-0060; Fig. 1, static magnetic field 26 and volume 28).
Regarding claim 13, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 12 as stated above wherein the plurality of coil units comprises:
a first coil unit in which a cylindrical coil is wound multiple times around a first central axis (Boynton et al., paragraphs 0062-0063; Fig. 1, longitudinal axis 13); and
a second coil unit which is separated from the first coil by a preset distance and in which a cylindrical coil is wound multiple times around a second central axis coaxial with the first central axis (Boynton et al., Fig. 2; paragraphs 0062-0063; Fig. 1, longitudinal axis 13; claim 9 recites “conductive coaxial coils”).
Regarding claim 14, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 13 as stated above wherein currents of a same magnitude flow through the first coil unit and the second coil unit in the same direction (Boynton et al., para. 0062; Fig. 1, direct current 24; claim 2), and
a treatment region of a body is placed in a space between the first coil unit and the second coil unit (Boynton et al., paragraphs 0052, 0059, and 0071; Fig. 2, where the patient would be disposed on the therapeutic bed).
Regarding claim 15, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 14 as stated above wherein the first coil unit and the second coil unit have coils of a same thickness which are wound around a same area in a same number of turns with same inner and outer diameters (Boynton et al., Fig. 2; paragraphs 0065-0066 and 0069-0070).
Regarding claim 16, Boynton et al. teaches a static magnetic field generator for enhancing the health of an organism, the static magnetic field generator (Abstract; para. 0062) comprising:
a static magnetic field generating unit (Fig. 1, magnetic field generating means 12); and
a space in which a static magnetic field is formed by the static magnetic field generating unit (paragraphs 0052 and 0058-0060; Fig. 1, static magnetic field 26 and volume 28),
wherein a magnitude of the formed static magnetic field is configured to have a range of 0.1 mT to 4 T (Fig. 4; paragraphs 0070 & 0072).
Chen et al. teaches an analogous static magnetic field generator for treatment of cancer (page 2, para. 7, "the device can generate external magnetic field has inhibiting effect for tumour in the body").
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the static magnetic field generator of Boynton et al. with the disclosed treatment of cancer of Chen et al. Because the intensity range of the magnetic field is analogous for wound repair and cancer, it would be advantageous to disclose that the static magnetic field generator is capable of targeting and inhibiting cancer cell activity. This additional feature may broaden the magnetic field generator’s pertinent clinical applications (Chen et al., page 2, para. 3, “bone wound repair” and page 2, para. 3, “tumour cell outer growth has obvious inhibiting effect”).
Regarding claim 17, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 16 as stated above wherein the static magnetic field is configured to be generated by a direct current (Boynton et al., para. 0062; Fig. 1, direct current 24).
Regarding claim 18, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 17 as stated above wherein the static magnetic field generating unit includes a plurality of coil units (Boynton et al., para. 0063; Fig. 1, coils 20), and
a space in which the static magnetic field is formed is placed in a space between the plurality of coil units (Boynton et al., paragraphs 0052 and 0058-0060; Fig. 1, static magnetic field 26 and volume 28).
Regarding claims 19, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 18 as stated above wherein the plurality of coil units comprises:
a first coil unit in which a cylindrical coil is wound multiple times around a first central axis (Boynton et al., paragraphs 0062-0063; Fig. 1, longitudinal axis 13); and
a second coil unit which is separated from the first coil by a preset distance and in which a cylindrical coil is wound multiple times around a second central axis coaxial with the first central axis (Boynton et al., Fig. 2; paragraphs 0062-0063; Fig. 1, longitudinal axis 13; claim 9 recites “conductive coaxial coils”).
Regarding claim 20, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 19 as stated above wherein currents of a same magnitude flow through the first coil unit and the second coil unit in the same direction (Boynton et al., para. 0062; Fig. 1, direct current 24; claim 2), and
a treatment region of a body is placed in a space between the first coil unit and the second coil unit (Boynton et al., paragraphs 0052, 0059, and 0071; Fig. 2, where the patient would be disposed on the therapeutic bed).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boynton et al. in view of Chen et al., further in view of Sokolowski (KR 2015/0058102), citing to attached translation.
Regarding claim 10, Boynton et al., in view of Chen et al., teaches the static magnetic field generator according to claim 1 as stated above. Boynton et al., in view of Chen et al., fails to disclose a camera configured to image the space in which the static magnetic field is formed.
Sokolowski teaches an analogous magnetic field generator further comprising: a camera (Fig. 1, camera 6) configured to image the space in which the static magnetic field is formed (page 2, para. 2, “body part detected by the camera 6”).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the static magnetic field generator of Boynton et al., in view of Chen et al., with the camera of Sokolowski. By incorporating a camera, a healthcare professional operating the magnetic field generator may monitor the concentrated stimulations in real-time (Sokolowski, page 2, para. 6, “A rotatable camera 6… for monitoring the resulting muscle contractions”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hunter (US 2006/0241333) discloses a system that exposes blood cells to a magnetic field via a plurality of coils. Boynton et al. (US 2003/0095022) discloses a static magnetic field generator designed to promote healing of bone fractures. Jia et al. (CN 110947099) discloses a low frequency pulse rotation magnetic field treatment device, comprising two Helmholtz coils. Sharma (US 2020/0254272) discloses a magnetic field generator that is intended to treat breast cancer; henceforth, two coil units are constructed to be positioned relative to both breasts. Holcomb (WO 9700639) discloses an electromagnetic therapeutic treatment device containing a focusing magnet that comprises an iron housing, copper wire coil, and iron pole. Shang et al. (CN 107174742) discloses a superconductive magnetic device for treating a tumor; however, Shang et al. fails to specifically disclose direct current.
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/B.R.L./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791