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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: page 8, line 21 “gaussmeter 4” should be –gaussmeter 5--.
Appropriate correction is required.
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. Therefore, the plurality of sensors as set forth in claim 2, a seat for the user and a plurality of coils arranged along a vertical axis with the seat within the treatment volume as in claim 7, and a booth for the user and the plurality of coils coupled to the booth to define a treatment volume as in claim 8 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 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.
Regarding claim 1,
lines 9-10, “the same frequency” lacks antecedent basis.
Line 11, “an impedance value specific to the body of the user” was already set forth in line 7 and it is unclear if the 2nd recitation in line 9 is intended to be an additional impedance specific value or intended to refer to the impedance value already set forth in line 7.
Line 21, “the impedance value” is unclear to which value it should refer, the value set forth in line 7 or the value set forth in line 9.
Line 24, “the event” lacks antecedent basis.
Line 25, “the impedance” is unclear to which impedance it refers, the value set forth in line 7 or the value set forth in line 9.
Regarding claim 3, line 4, “the specific impedance value” is unclear to which value it should refer, the value set forth in line 7 or the value set forth in line 9.
Regarding claim 13, line 3, “the body of the user to user” is unclear.
Line5, “a user” I unclear if an additional user is being set forth or this intends to refer to the user set forth in line 2.
Line 6, “the same frequency” lacks antecedent basis.
Line 7, “an impedance value specific to the body of the user” is unclear, “a specific impedance value” was already set forth in line 5 and it is unclear if the 2nd recitation in line 7 is intended to be an additional impedance value or intended to refer to the impedance value already set forth in line 5.
Line 9, “with a magnetic of components” is unclear.
Line 15, “ the specific impedance” is unclear as to which impedance it refers.
Line 16, “the event” lacks antecedent basis.
Line 17, “the relative specific impedance” lacks antecedent basis.
Lines 18 and 19, “ the impedance” is unclear as to which impedance it refers.
Regarding claim 15, line 3, “ the specific impedance” is unclear as to which impedance it refers.
Regarding claim 18, lines 12-13, “ the specific impedance signal” lacks antecedent basis since line 5 sets forth “a specific impedance value”.
Allowable Subject Matter
Claims 1-20 would be 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.
The following is an examiner’s statement of reasons for allowance:
The closest prior art teaches a system including coils to generate low frequency electromagnetic fields for treatment of a body including an impedance meter for measuring impedance values of the body as well as generally measuring the static magnetic field and adjusting the electromagnetic field based on the impedance values and measured magnetic field.
Note: Barbaro et al.( IT PD20080200) teaches an apparatus for making endogenous ions physiologically available in an organism. As demonstrated by well-known biophysical studies, the cell membranes of any organism can be assimilated, from the point of view of their electrical behavior, to circuits comprising capacitive, resistive, and inductive elements combined in series and/or in parallel with each other, according to patterns that vary depending on the type of cell. The presence in these electrical diagrams of inductive elements combined with capacitive elements suggests the existence of well-defined resonant frequencies at which cell membranes offer the minimum resistance to the passage of variable electromagnetic fields. As is known from biophysical studies, cell membranes exhibit polarization due to the different distribution of ionic species between the inside and outside of cells. The activation of physiological reactions involving ionic species, particularly enzymatic reactions, alters the distribution of these ionic species and therefore the polarization of membranes. A measure of the average value of the polarization of the cell membranes of an organism is given by the body impedance which can be detected using a clinical impedance meter.
Advantageously, in accordance with a preferred solution of the invention, the present apparatus also allows to carry out a phase (g) of detection of the impedance of an organism irradiated with the aforementioned variable ELF or ULF electromagnetic field B.sub.c. Preferably, the detection phase (g) is conducted continuously while irradiating the organism with the variable electromagnetic field B.sub.cIn this way it is possible to evaluate in real time the effectiveness of the irradiation on the stimulation of the chosen physiological reactions and therefore establish the duration of the phase (b) of generation of the electromagnetic field B.sub.c. By measuring the variation in impedance of the organism during irradiation, it is also possible to empirically identify the optimal value of the frequency to be assigned to the variable electromagnetic field B..sub.c to stimulate the chosen ionic species. to identify the optimal value of the frequency of the variable electromagnetic field Bc, it is possible to discretely vary the same frequency, appropriately in a range between 0.5 and 1.5 of the cyclotron frequency (F.sub.c) estimated, while simultaneously measuring the change in the organism's impedance. Specifically, it is advisable to evaluate this change in impedance over a period of time, preferably between 2 and 180 seconds, consecutive to each change in frequency. Preferably, the values of the organism's two impedance components, namely resistance and reactance, are measured. The optimal frequency value to be assigned to the variable electromagnetic field Bc to stimulate the chosen ionic species will be the one at which the maximum variation in the organism's impedance occurs. Similarly, depending on the specific physiological processes on which one wishes to intervene, it will be possible to select the frequency value of the variable electromagnetic field Bc at which the maximum variation in impedance or reactance occurs. The apparatus 1 is also equipped with at least one magnetometer 40 which is capable of detecting the intensity of the local static magnetic field B..sub.0 at the generating means 20. Preferably, the magnetometer 40 uses Hall effect sensors, of a type known per se, connected to the Helmholtz coils. In particular, such Hall effect sensors are preferably three and are arranged orthogonally to each other, so as to detect the components of the intensity of the static electromagnetic field B..sub.0 along the three axial directions. The apparatus 1 is also equipped with at least one impedance meter 70, of a type known in itself, which can be connected via one or more electrodes 71 to the organism while it is being irradiated with the aforementioned variable electromagnetic field B..sub.cThe impedance meter 70 provides a real-time measurement of the average value of the polarization of the organism's cell membranes during treatment.
The closest prior art does not reasonably teach alone or in combination the subject matter of the independent claims, 1, 13, and 18 including where a gaussmeter or magnetometer generates a reference signal that is representative of the intensity value calculated as a function of a magnetic inclination of the magnetostatic or magnetoquasistatic field and a feedback circuit configured to receive variations in the impedance value in both in a resistive and reactive component as well as in a ratio between the reactive and resistive components and to produce a trigger signal for the signal generator to activate and deliver for a predefined time interval the electromagnetic field at the frequency in the event of exceeding a specific impedance threshold.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WARNKE et al.( DE 4221739) teaches a generator of low frequency pulsed electrical current connected to a transmitting antenna. The antenna field acts upon the region of a body to be treated. The transmission power level is selected so that the energy induced in the electrolytic liquid e.g. blood in the vessel walls and membranes exceeds the thermal energy and lies within the cell-specific amplitude window.
Liboff et al.( US 5123898) teaches an apparatus and method for regulating tissue growth in vivo are provided. The apparatus includes a magnetic field generator and a magnetic field detector for producing a controlled, fluctuating, directionally oriented magnetic field parallel to a predetermined axis projecting through the target tissue.
LANIADO et al.( WO 2008053482) teaches method of preconditioning a potentially ischemic myocardium or treating a myocardium under an ischemic distress event is disclosed. The method comprises exposing the myocardium to an alternating magnetic field at a frequency of from 15.5N Hz to about 16.5N Hz or from 7.8 Hz to 8.2 Hz and duration selected so as to activate potassium ATP channels in the myocardium, wherein N is a positive integer.
LEE(KR 20080092534) teaches low-frequency magnetic physical treatment device using brain waves as main treatment information is provided to generate plural low-frequency pulse magnetic fields signals through plural stimulus coils.
VLADILA(WO 2013139915) teaches a method and a system are provided for subjecting organic cells in a region of a subject to an extremely low frequence magnetic field. At least one resonance medium is operably connected to a generator. The generator produces a sinusoidal non-harmonic current signal, having a predetermined frequency of substantially between 7.5Hz and 7.9Hz and an electromagnetic radiation of substantially between 0.7mT and 3mT. The resonance medium is energized by the signal and located adjacent organic cellular tissue in the region for a predetermined period, whereby organic cells in the region are subjected to a constant magnetic field of less than 1 mT and having a frequency of substantially between 7.5Hz and 7.9Hz for the predetermined period.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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