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 .
Requirement for Information
Applicant and the assignee of this application are required under 37 CFR 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application.
In response to this requirement, please provide answers to each of the following interrogatories eliciting factual information:
Define “geopathic radiation” and include specific sources, how generated, constituent particle types, frequency ranges, energy ranges, radionuclides (if any), and decay products (if any).
The information is required to identify products and services embodying the disclosed subject matter of claims 1-26 and identify the properties of similar products and services found in the prior art.
In response to this requirement, please provide a copy of each of the following items of art referred to in the disclosure at [0008] and [0021-0023].
In response to this requirement, please provide the names of any products or services that have incorporated the claimed subject matter.
The information is required to complete the background description in the disclosure by documenting who, when, and how “geopathic radiation” was first detected and any peer reviewed credible medical journal article explaining the interaction of “geopathic radiation” with cellular function and sleep behaviour.
In responding to those requirements that require copies of documents, where the document is a bound text or a single article over 50 pages, the requirement may be met by providing copies of those pages that provide the particular subject matter indicated in the requirement, or where such subject matter is not indicated, the subject matter found in applicant’s disclosure.
The applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR 1.56. Where the applicant does not have or cannot readily obtain an item of required information, a statement that the item is unknown or cannot be readily obtained may be accepted as a complete reply to the requirement for that item.
This requirement is an attachment of the enclosed Office action. A complete reply to the enclosed Office action must include a complete reply to this requirement. The time period for reply to this requirement coincides with the time period for reply to the enclosed Office action.
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.
Claims 1-26 are rejected under 35 U.S.C. 101 because the claimed invention lacks patentable utility.
Claims 1-26 are directed to an apparatus and method for blocking geopathic radiation.
There is no specific definition of what comprises “geopathic radiation” save:
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From the above, one of ordinary skill would recognize that the field of geopathology is a pseudoscientific endeavor. The immediate question raised when reading the claims in light of the disclosure is that if the radiation blocked by the invention originates in the Earth’s core, how does it penetrate 1800 miles of mantle, crust, etc. but is defeated by a layer of rubber, cork, and a conductive mesh? The obvious answer is that it does not. While the disclosure states the geopathic radiation to which the invention is asserted to be aimed is at “150 GHz or greater…”[0007], it must be noted that the greater the frequency of a signal, the higher the scattering probability or the lower the transmission efficiency through an object. 1 This beggars the question that if significant losses for signals at these frequencies are imparted by a building, how then does such a signal survive transmission through 1800 miles of mantle and crust?
One of ordinary skill would immediately recognize that the premise and asserted utility is not credible.
The Applicant additionally asserts:
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The provision of an apparatus which is simple to create and use is not a novel or useful asserted utility, and additionally is not specific or substantial.
The assertion that the claimed invention improves sleep and work performance is not credible. This assertion stems from the underlying assertion that the invention blocks “geopathic radiation” interfering with sleep. One of ordinary skill would recognize the asserted utility of sleep and work performance improvement to be not credible.
Applicant additionally asserts the invention facilitates the correct functioning of cells in humans and animals. Again, given the pseudoscientific nature of the disclosure and claimed invention, this assertion would be found by any one of ordinary skill in the art to be not credible.
Finally, the asserted utility of blocking and delivering electromagnetic energy is not specific, substantial, or in the case one interprets electromagnetic energy in the geopathology context of the entirety of the disclosure, credible. A candle blocks and delivers electromagnetic energy.
The invention of claims 1-26 is premised on the pseudoscience of geopathology. The underlying assumptions addressed above and the claims themselves directed an apparatus and method for blocking geopathic radiation would in their broadest reading in view of the disclosure be held to lack credible utility.
Additionally, the asserted invention is wholly inoperative.
Assuming the “geopathic radiation” comprising 150 GHz radiation were traversing through a floor towards a human being, the claimed invention presents as a planar mat. The cork, rubber, and conductive sheets comprising the mat would produce an effect on the electromagnetic field similar to a planar finite conductive sheet. The net flux into the sheet must equal the net flux out and the field would realign surface charges opposing the applied field such that the field on either side of the sheet would be undeterred or blocked. As has been known since the 19th century, one must construct a faraday cage to eliminate an electric field from a volume. Thus, assuming the Earth applies the disclosed geopathic radiation in the form an electromagnetic field (as disclosed by the applicant), the claimed invention cannot block such an applied field since it does not barricade the subject’s volume in accord with the ordinary and well understood behaviour of electromagnetic fields.
Based on the above, the invention recited in claims 1-26 lacks utility and is additionally wholly inoperative.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A VANORE whose telephone number is (571)272-2483. The examiner can normally be reached Monday to Friday 7AM to 6 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID A. VANORE
Primary Examiner
Art Unit 2881
/DAVID A VANORE/ Primary Examiner, Art Unit 2881
1 Shakya et al., “Wideband Penetration Loss through Building Materials and Partitions at 6.75 GHz in FR1© and 16.95 GHz in the FR3 Upper Mid-band spectrum”, 2024, IEEE Communications Conference, Dec. 2024, pp. 1-6