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 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.
Claim 1 recites the limitation "using electrical neurostimulation" in line 2. However, line 4 recites “or mechanical stimulation elements” for applying “mechanical stimulation” which differs from “electrical neurostimulation” as recited in line 2. Further correction and/or clarification is required.
Claim 9 recites “the stimulation elements comprises a plurality of non-percutaneous electrical stimulation elements”. However, claim 1 recites “stimulation elements configured for positioning against and/or partially penetrating skin of a subject”. It is unclear how the stimulation elements can be both “non-percutaneous” and “positioning against and/or partially penetrating skin of a subject” for providing neurostimulation. Further correction and/or clarification is required.
Allowable Subject Matter
Claims 1-20 are objected to as being rejected or dependent upon a rejected base claim, but would be considered allowable if the 112 rejection(s) above can be overcome.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M ALTER whose telephone number is (571)272-4939. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David E Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA M ALTER/ Primary Examiner, Art Unit 3796
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