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 .
Response to Amendment
The notice of non-compliant amendment, dated 15 July 2026, was sent in error. The Applicant’s amendment, filed 17 April 2026, is acknowledged. Claims 31, 34, 35, 37-39, 41-43, 45, 48, 53, and 54 are amended. Claims 1-30 were previously cancelled.
Claims 31-60 are pending in the instant application.
Response to Arguments
Applicant’s arguments, , filed 17 April 2026, with respect to the objections to claim 45, the 35 USC 112(a) rejection of claim 38, and the 35 USC 112(b) rejections of claims 34, 35, 37, 45-60 have been fully considered and are persuasive in light of the amendment. The objections to claim 45, the 35 USC 112(a) rejection of claim 38, and the 35 USC 112(b) rejections of claims 34, 35, 37, 45-60 have been withdrawn.
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 31-52 and 58 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.
Claims 31, 39, and 45 recite the limitations “a time-varying magnetic field”, “a different energy”, “an energy storage device” and “an energy source”. It is unclear from the claim if the energy storage device and energy source are directed to the magnetic field or the different energy, rendering the claims indefinite.
Claims 32-38, 40-44 and 46-52 are dependent on claims 31, 39, and 45.
Claims 36-38, 40-41, 43 and 58 recite a plurality of energy generating devices (a mechanical waves generating device, a lighting element, an electric current, a light generating device, a radiofrequency field, and an infrared light) but the claims do not clarify if the recited energy generating devices are intended to generate the “different energy” or if the different energy is intended to be in addition to the recites energy generating devices.
Allowable Subject Matter
Claims 31-52 would be allowable if rewritten or amended 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.
Claim 58 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.
Claim 53-57 and 59-60 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 31, the claim recites a system for generating a time-varying magnetic field with a magnetic flux density in a range of 0.1 Tesla and 10 Tesla, and a different energy, wherein the different energy is different from the time-varying magnetic field, the system comprising a main body and an applicator wherein the main body comprises a connecting tube configured to be connected to the applicator, wherein the applicator comprises a magnetic field generating device and a handle comprising a gripping portion, wherein the gripping portion is positioned less proximate to the connecting tube than to a rear side of the applicator, and wherein the gripping portion is oriented such that the gripping portion is positioned in a direction perpendicular to a direction from the rear side to a front side of the applicator. Schwarz (US20230277862A1) fails to disclose a handle comprising a gripping portion, wherein the gripping portion is positioned less proximate to the connecting tube than to a rear side of the applicator, and wherein the gripping portion is oriented such that the gripping portion is positioned in a direction perpendicular to a direction from the rear side to a front side of the applicator. In addition, prior art of note, Tagliaferri (WO2022122923A1), Kong (CN117368591A), and Roth (US20250090855A1) disclose applicators for applying a magnetic field, but they fail to disclose the gripping portion of the handle is oriented in a direction perpendicular to a direction from the connecting tube to the front side. Neither Schwarz nor Tagliaferri, Kong, or Roth disclose or suggest, either singly or in combination, the gripping portion of the handle is oriented in a direction perpendicular to a direction from the connecting tube to the front side.
Claims 32-38 are dependent on claim 31 and therefore are allowable over the prior art.
Regarding clam 39, the claim recites a method for providing a time-varying magnetic field and a different energy to a patient using a system comprising a main body, a connecting tube coupling an applicator to the main body, and the applicator comprising a magnetic field generating device and a source of the different energy, wherein the different energy is different from the time-varying magnetic field and the applicator further comprises a front side and a rear side, wherein the front side is less proximate to the connecting tube than to the rear side, and a handle forming an a closed-loop opening extending over the front side and beyond the front side in a direction from the connecting tube toward the front side, wherein the method comprises the step of coupling the applicator to the patient's head by a belt, wherein the belt is inserted through the closed-loop opening.
Schwarz (US20230277862A1) teaches a handle with a closed loop but the opening of the closed loop to allow the belt to be coupled to the applicator and the patient’s head does not extend over the front side and beyond the front side in a direction from the connecting tube toward the front side. Schwartz is the closest prior that teaches a belt with a closed loop to couple the applicator to a patient’s head.
Claims 40-44 are dependent on claim 39 and therefore are allowable over the prior art.
Regarding claim 45, the claim recites a system for generating a time-varying magnetic field with a magnetic flux density in a range of 0.1 Tesla and 10 Tesla, and a different energy, wherein the different energy is different from the time-varying magnetic field, the system comprising a main body and an applicator, wherein the main body comprises a connecting tube configured to be connected to the applicator, wherein the applicator comprises a magnetic field generating device and a handle comprising a gripping portion, wherein the gripping portion is positioned less proximate to the connecting tube than to a rear side of the applicator, and wherein the gripping portion is oriented such that the gripping portion is positioned in a direction perpendicular to a direction from the rear side to a front side of the applicator. Schwarz (US20230277862A1) fails to disclose a handle comprising a gripping portion, wherein the gripping portion is positioned less proximate to the connecting tube than to a rear side of the applicator, and wherein the gripping portion is oriented such that the gripping portion is positioned in a direction perpendicular to a direction from the rear side to a front side of the applicator. In addition, prior art of note, Tagliaferri (WO2022122923A1), Kong (CN117368591A), and Roth (US20250090855A1) disclose applicators for applying a magnetic field, but they fail to disclose the gripping portion of the handle is oriented in a direction perpendicular to a direction from the connecting tube to the front side. Neither Schwarz nor Tagliaferri, Kong, or Roth disclose or suggest, either singly or in combination, the gripping portion of the handle is oriented in a direction perpendicular to a direction from the connecting tube to the front side. Claim 45 differs from claim 31, as claim 45 recites a positioning arm, a belt configured to be coupled to the gripping portion and that the different energy comprises a radiofrequency field, a light, mechanical waves, or electric current.
Claims 46-52 are dependent on claim 45 and therefore are allowable over the prior art.
Regarding claim 53, the claim recites a method for applying a time-varying magnetic field and a different energy to a patient, wherein the different energy is different from the time-varying magnetic field and the limitation “coupling the applicator by a belt to the positioning pillow to maintain the applicator to the patient's head, wherein the belt is coupled to a handle of the applicator”.
The cited prior art of Schwarz (US20230277862A1), in view of Zhang (CN218356631U) and further in view of Ladman (WO2017002065A1) is the closest prior art, but fails to disclose a method including the steps of coupling the applicator by a belt to the positioning pillow to maintain the applicator to the patient's head, wherein the belt is coupled to a handle of the applicator for the use of applying a time-varying magnetic field and a different energy to a patient. Zhang discloses a method for performing transcranial magnetic stimulation wherein the patient is coupled to the positioning pillow via a belt, but fails to disclose coupling the applicator to the positioning pillow. Schwarz and Ladman fail to disclose a positioning pillow.
The prior art, either singly or in combination, fails to disclose a method for applying a time-varying magnetic field and a different energy to a patient, wherein the different energy is different from the time-varying magnetic field and coupling an applicator by a belt to the positioning pillow to maintain the applicator to the patient's head, wherein the belt is coupled to a handle of the applicator.
Claims 55-60 are dependent on claim 53 and therefore are allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791
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