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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 02/04/2026 and 01/28/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) have been considered by the Examiner.
Claim Objections
Claim(s) 1, 12 and 20 are objected to because of the following informalities:
Claim 1 recites a phrase “operation of controller” in line 10. The Examiner suggests amending the phrase to recite “operation of the controller” to restore clarity.
Claim 12 recites recite a term “the feedback signal” in line 12. The Examiner suggests amending the term to recite “the feedback signals” to restore clarity.
Claim 20 recites recite a phrase “the controller the multiplexed high-power PEMF signal” in line 1. The Examiner suggests amending the phrase to recite “the multiplexed high-power PEMF signal” to restore clarity.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Langi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(1)(1) - 706.02(1)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
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Claims 1 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 12 of U.S. Patent Number: 11771913. Although the claims at issue are not identical, they are not patentably distinct from each other because: Claim 1 of the instant application (18946125) is a species type and obvious over genus type Claim 1 of the reference patent (11771913). Instant application claim only differs on “feedback signal modifies an operation of” controller” vs RF amplification stage. However, the features are not patentably distinct, based on disclosure in the reference patent document (see col. 3 lines 59-60 :- “controller may activate only one RF amplification stage”; col. 3 lines 25-28 :– “an RF amplification stage that is connected to, or part of, the controller”. Similarly, instant claim 12 would be obvious over reference claim 12 where reference patent document discloses similar features. Therefore, instant claims would have been obvious over the reference claims and applicant admitted prior art as illustrated in the table below (See MPEP §804.03, § 2131.02):
Instant US App. (18/946125)
Reference Patent (US 11771913)
a high-power pulsed electromagnetic field (PEMF) applicator system, the system comprising:
a base housing comprising a controller configured to generate a multiplexed high-power PEMF signal; and
two or more applicators coupled to the controller in the base housing, wherein each applicator comprises:
a coil circuit configured to emit a high-power PEMF signal; and
a feedback sensor configured to receive a field strength from the coil circuit, and transmit a feedback signal based on the field strength to the RF amplification stage connected to the controller, wherein the feedback signal modifies an operation of controller to increase or decrease an intensity of the emitted high-power PEMF signal, wherein the two or more applicators are configured to emit non-overlapping high-power PEMF signals based on the multiplexed high-power PEMF signal.
A high-power pulsed electromagnetic field (PEMF) applicator system, the system comprising:
a base housing comprising a controller configured to generate and multiplex a high-power PEMF signal, the base housing comprising a tuned switching power amplifier configured to generate a pulsed drive signal, and a plurality of radio-frequency (RF) amplification stages; and
two or more applicators coupled to the plurality of RF amplification stages in the base housing, wherein each applicator comprises:
a coil circuit configured to emit the high-power PEMF signal; and
a feedback sensor configured to directly measure a field strength from the coil circuit and transmit a feedback signal based on the field strength to the RF amplification stage connected to the applicator, wherein the feedback signal modifies an operation of the RF amplification stage to increase or decrease an intensity of the emitted high-power PEMF signal,
wherein the two or more applicators are configured to emit non-overlapping high-power PEMF signals based on the multiplexed high-power PEMF signal
Instant US App. (18/946125)
Reference Patent (US 11771913)
12. A method of controlling operation of high-power pulsed electromagnetic field (PEMF) applicator system, the method comprising: generating, with a controller, a multiplexed high-power PEMF signal;
emitting, with two or more coil circuits, non-overlapping high-power PEMF signals, based on the multiplexed high-power PEMF signal;
directly measuring, with a plurality of feedback sensors, a field strength of each of the emitted high-power PEMF signals from each of the two or more coil circuits;
transmitting a feedback signal from each of the two or more coil circuits to the controller, wherein the feedback signal is based on the field strength; and
modifying an operation of the controller based on the feedback signal to increase or decrease an intensity of the emitted high-power PEMF signals.
12. A method of controlling operation of high-power pulsed electromagnetic field (PEMF) applicator system, the method comprising:
generating, with a plurality of radio-frequency (RF) amplification stages, a multiplexed high-power PEMF signal;
emitting, with two or more coil circuits, non-overlapping high-power PEMF signals, based on the multiplexed high-power PEMF signal;
directly measuring, with a feedback sensor coupled to the two or more coil circuits, a field strength of each of the emitted high-power PEMF signals;
transmitting a feedback signal to at least one of the RF amplification stages, wherein the feedback signal is based on the measured field strength; and
modifying an operation of the at least one of the RF amplification stages based on the feedback signal to increase or decrease an intensity of the emitted high-power PEMF signals.
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 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 of this title, 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) 1-7, 9-12, 13-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Martinez et al. (US 20140249355; hereinafter Martinez).
Regarding claim 1, Martinez teaches in figure(s) 1-13 a high-power pulsed electromagnetic field (PEMF) applicator system (clm. 1 - a pulsed electromagnetic field device), the system comprising:
a base housing (housing of PEMF device 26; fig. 1) comprising a controller (control chip 18/300; figs. 1,3) configured to generate and multiplex a multiplexed high-power PEMF signal (signal 412/414; para. 70 - antenna 310, which is arranged to radiate the amplified electromagnetic energy; figs. 3-4); and
two or more applicators (applicators 1204 with antenna coil 310; figs. 12; para. 112 - kit 1200 includes four applicators 1204) coupled to the controller (18/300) in the base housing, wherein each applicator comprises:
a coil circuit (antenna coil 310; para. 73 - figs. 3,5) configured to emit a high-power PEMF signal (para. 70 - produce electromagnetic waves, including sinusoidal waves, at a carrier frequency of 27+/-0.5 megahertz MHz); and
a feedback sensor (feedback circuit 314) configured to receive a field strength from the coil circuit (para. 69 - RF feedback circuit provides an RF radiation signal 330 to the logic circuitry 316) and transmit a feedback signal (330, 312) based on the field strength to the controller (18/300), wherein the feedback signal modifies an operation of controller to increase or decrease an intensity of the emitted high-power PEMF signal (para. 71 - enable signal 312 may be used to initiate or curtail radiation of the electromagnetic energy),
wherein the two or more applicators (1204) are configured emit non-overlapping high-power PEMF signals based on the multiplexed high-power PEMF signal (para. 112 - A first applicator includes adhesive and a first therapeutic substance. A second applicator includes adhesive and a second therapeutic substance … A fourth applicator includes adhesive and no therapeutic substance… The therapeutic substances selected to provide sensations of hot and cold, respectively. Thus, a user may be able to select an applicator to provide a desired therapeutic effect).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify by combining the teachings of Martinez embodiment of figures 1-5 by having two or more applicators as taught by Martinez embodiment of figures 12-13 in order to provide alternate effective therapy use as evidenced by "a therapeutic electromagnetic energy delivery device may be integrated into a control circuit chip to miniaturize the device. The device may be affixed to various parts of the body for prolonged electromagnetic therapy. Patient compliance to the therapeutic regimen may be improved by embedding or concealing the device into a patch, bandage, pad, wrap, brace, cast, or other injury support device and affixed to the body or taped over the bodily tissue… effectiveness of electromagnetic therapy may be improved … therapeutic substance may be provided on an applicator arranged to affix a low thermal PEMF to a portion of a human body" (para. 61-62,101 of Martinez).
Regarding claim 2, Martinez teaches in figure(s) 1-13 the system of claim 1, wherein the multiplexed high-power PEMF signal is configured to operate one of the two or more RF amplification stages at a time (para. 102 - therapeutic substance may be provided to the applicator separately; para. 112 - a user may be able to select an applicator to provide a desired therapeutic effect).
Regarding claim 3, Martinez teaches in figure(s) 1-13 the system of claim 1, wherein the controller includes two or more RF amplification stages (plurality of amplified waves from applicators), wherein the controller is further configured to operate one of the two or more RF amplification stages at a time, based at least in part on the multiplexed high-power PEMF signal (para. 102 - therapeutic substance may be provided to the applicator separately; para. 112 - a user may be able to select an applicator to provide a desired therapeutic effect).
Regarding claim 4, Martinez teaches in figure(s) 1-13 the system of claim 1, wherein the feedback sensor is adjacent to the coil circuit and configured to sense the emitted high-power PEMF signal (para. 71 - RF feedback circuit 314 is arranged to detect RF radiation from the antenna 310 and to provide RF radiation signal 330 to logic circuitry 316) and a reflected electromagnetic field from a user (para. 25 - peak available radiated power density is less than 100 microwatts per square centimeter measured at the surface of the bodily tissue).
Regarding claim 5, Martinez teaches in figure(s) 1-13 the system of claim 1, wherein the feedback sensor is coupled to a digital filter (DC converter 328 and digital logic 316) configured to convert the feedback signal to a digital signal (enable 312) to control the generation of the multiplexed high-power PEMF signal.
Regarding claim 6, Martinez teaches in figure(s) 1-13 the system of claim 1, wherein the feedback signal is an AC signal (para. 79 - A portion of the (alternating) flux impinges bodily tissue underneath the therapeutic electromagnetic device inducing additional alternating current concentric with the main antenna.) and the controller is further configured to rectify and sample the feedback signal to determine a peak feedback signal (para. 71 - RF feedback circuit 314 is arranged to detect RF radiation from the antenna 310 and to provide RF radiation signal 330 to logic circuitry 316).
Regarding claim 7, Martinez teaches in figure(s) 1-13 the system of claim 6, wherein the controller is configured to increase or decrease the intensity of the emitted high-power PEMF signal (para. 71 - enable signal 312 may be used to initiate or curtail radiation of the electromagnetic energy) based on the peak feedback signal (para. 18 - a peak available radiated power density effective to elicit a therapeutic response in the individual).
Regarding claim 9, Martinez teaches in figure(s) 1-13 the system of claim 1, wherein the base housing includes a tuned switching power amplifier is configured to generate the pulsed drive signal, wherein the multiplexed high-power PEMF signal is based at least in part on the pulsed drive signal (amplify waves in drive 308 with tuned antenna and applicators implies multiple amplification stages; para. 70 - a driver circuit 308 to receive the electromagnetic field, amplify the wave and to provide the amplified wave to the optional tuning coil 302. The tuning coil 302 may be used to match the impedance of the driver 308 to an antenna 310, which is arranged to radiate the amplified electromagnetic energy …produce electromagnetic waves.
Regarding claim 10, Martinez teaches in figure(s) 1-13 the system of claim 9, wherein the pulsed drive signal comprising a carrier frequency that is about 27.12 MHz (para. 24 - a carrier waveform frequency is 27+/−0.5 MHz (e.g., 27.1 MHz).) and has a stimulation pulse width of between about 1 microsecond and about 200 microseconds (para. 72 - Pulses of 100 microsecond (.mu.S) pulse duration at intervals of 1 millisecond (mS) (a pulse repetition rate of 1000 Hz)).
Regarding claim 11, Martinez teaches in figure(s) 1-13 the system of claim 9, wherein the pulsed drive signal comprises a carrier frequency and a pulse width of between about 1 microsecond and about 200 microseconds (para. 72 - Pulses of 100 microsecond (.mu.S) pulse duration at intervals of 1 millisecond (mS) (a pulse repetition rate of 1000 Hz)) at a pulse rate of between 0.5 kilohertz (kHz) and 2 kHz (para. 72 - Pulses of 100 microsecond (.mu.S) pulse duration at intervals of 1 millisecond (mS) (a pulse repetition rate of 1000 Hz)).
Regarding claim 12, Martinez teaches in figure(s) 1-13 a method of controlling operation of high-power pulsed electromagnetic field (PEMF) applicator system (clm. 1 - a pulsed electromagnetic field device), the method comprising:
generating, with a controller (control chip 18/300; figs. 1,3), a multiplexed high-power PEMF signal (signal 412/414; para. 70 - antenna 310, which is arranged to radiate the amplified electromagnetic energy; figs. 3-4);
emitting, with two or more coil circuits (applicators 1204 with antenna coil 310; figs. 12; para. 112 - kit 1200 includes four applicators 1204), non-overlapping high-power PEMF signals, based on the multiplexed high-power PEMF signal (selectable PEMF signal implies non-overlapping multiplexed feature; para. 112 - user may be able to select an applicator to provide a desired therapeutic effect);
directly measuring, with a plurality of feedback sensors (feedback circuit 314), a field strength of each of the emitted high-power PEMF signals (para. 69 - RF feedback circuit provides an RF radiation signal 330 to the logic circuitry 316) from each of the two or more coil circuits;
transmitting a feedback signal from each of the two or more coil circuits to the controller (18/300), wherein the feedback signal (feedback signals 330, 312) is based on the field strength (para. 69 - RF feedback circuit provides an RF radiation signal 330 to the logic circuitry 316); and
modifying an operation of the controller (18/300) based on the feedback signal to increase or decrease an intensity of the emitted high-power PEMF signals (para. 71 - enable signal 312 may be used to initiate or curtail radiation of the electromagnetic energy).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify by combining the teachings of Martinez embodiment of figures 1-5 by having two or more applicators as taught by Martinez embodiment of figures 12-13 in order to provide alternate effective therapy use as evidenced by "a therapeutic electromagnetic energy delivery device may be integrated into a control circuit chip to miniaturize the device. The device may be affixed to various parts of the body for prolonged electromagnetic therapy. Patient compliance to the therapeutic regimen may be improved by embedding or concealing the device into a patch, bandage, pad, wrap, brace, cast, or other injury support device and affixed to the body or taped over the bodily tissue… effectiveness of electromagnetic therapy may be improved … therapeutic substance may be provided on an applicator arranged to affix a low thermal PEMF to a portion of a human body " (para. 61-62,101 of Martinez).
Regarding claim 13, Martinez teaches in figure(s) 1-13 the method of claim 12, wherein the multiplexed high-power PEMF signal is configured to operate one of the two or more RF amplification stages at a time (para. 102 - therapeutic substance may be provided to the applicator separately; para. 112 - a user may be able to select an applicator to provide a desired therapeutic effect).
Regarding claim 14, Martinez teaches in figure(s) 1-13 the method of claim 12, wherein at least one of the plurality of feedback sensors is radially offset and capacitively coupled to the coil circuits (para. 70 - transformer connected to a rectifier and capacitor as a flyback transformer may replace the inductive coil).
Regarding claim 15, Martinez teaches in figure(s) 1-13 the method of claim 12, wherein at least one of the plurality of feedback sensors is adjacent to the coil circuits and configured to sense the emitted high-power PEMF (para. 71 - RF feedback circuit 314 is arranged to detect RF radiation from the antenna 310 and to provide RF radiation signal 330 to logic circuitry 316) and a reflected electromagnetic field from a user (para. 25 - peak available radiated power density is less than 100 microwatts per square centimeter measured at the surface of the bodily tissue).
Regarding claim 16, Martinez teaches in figure(s) 1-13 the method of claim 12, further comprising converting, with a digital filter (DC converter 328 and digital logic 316), the feedback signal to a digital signal (enable 312) to control the generation of the multiplexed high-power PEMF signal.
Regarding claim 17, Martinez teaches in figure(s) 1-13 the method of claim 12, wherein the feedback signal is an AC signal (para. 79 - A portion of the (alternating) flux impinges bodily tissue underneath the therapeutic electromagnetic device inducing additional alternating current concentric with the main antenna.) and the controller is further configured to rectify and sample the feedback signal to determine a peak feedback signal (para. 71 - RF feedback circuit 314 is arranged to detect RF radiation from the antenna 310 and to provide RF radiation signal 330 to logic circuitry 316).
Regarding claim 18, Martinez teaches in figure(s) 1-13 the method of claim 17, wherein the controller is configured to increase or decrease the intensity of the emitted high-power PEMF signal (para. 71 - enable signal 312 may be used to initiate or curtail radiation of the electromagnetic energy) based on the peak feedback signal (para. 18 - a peak available radiated power density effective to elicit a therapeutic response in the individual).
Regarding claim 20, Martinez teaches in figure(s) 1-13 the method of claim 12, wherein the controller the multiplexed high-power PEMF signal is based at least in part on a carrier frequency (para. 24 - a carrier waveform frequency is 27+/−0.5 MHz (e.g., 27.1 MHz).) and a pulse width of between about 1 microsecond and about 200 microseconds (para. 72 - Pulses of 100 microsecond (.mu.S) pulse duration at intervals of 1 millisecond (mS) (a pulse repetition rate of 1000 Hz)).
Claim(s) 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Martinez in view of Cole et al. (US 20150018643).
Regarding claim 8, Martinez teaches in figure(s) 1-13 the system of claim 1,
Martinez does not teach explicitly wherein the feedback sensor further comprises an optical sensor configured to determine a proximity of a user's body.
However, Cole teaches in figure(s) 1-19 wherein the feedback sensor further comprises an optical sensor (optical sensor 308; fig. 5) configured to determine a proximity of a user's body (para. 107 - placement of sensor control device 102 into proximity with the user's skin or body will be sensed that can be used to activate sensor electronics 250).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Martinez by having wherein the feedback sensor comprises an optical sensor configured to determine a proximity of a user's body as taught by Cole in order to provide "changing the power state of a sensor control device in an in vivo analyte monitoring system in various manners, such as through the use of external stimuli (light, magnetics) and RF transmissions" (abstract).
Regarding claim 19, Martinez teaches in figure(s) 1-13 the method of claim 12,
Martinez does not teach explicitly further comprising optically determining a proximity of a user's body to the coil circuits.
However, Cole teaches in figure(s) 1-19 further comprising optically (optical sensor 308; fig. 5) determining a proximity of a user's body to the coil circuits (para. 107 - placement of sensor control device 102 into proximity with the user's skin or body will be sensed that can be used to activate sensor electronics 250).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Martinez by having further comprising optically determining a proximity of a user's body to the coil circuits as taught by Cole in order to provide "changing the power state of a sensor control device in an in vivo analyte monitoring system in various manners, such as through the use of external stimuli (light, magnetics) and RF transmissions" (abstract).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
RON EDOUTE et al. (US 20160346561) discloses “esthetic apparatus useful for increasing skin rejuvenation and methods thereof”.
BURNETT et al. (US 20120302821) discloses “method and apparatus for electromagnetic stimulation of nerve, muscle, and body tissues”.
Tepper et al. (US 5314401) discloses “Conformable PEMF Transducer”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached on (571) 272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/
Primary Examiner, Art Unit 2858
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