Reply to Office Action of October 7, 2019
`
`Application No. 15/404,384
`
`- 9 -
`
`Ondra PROUZA
`
`Reconsideration of this Application is respectfully requested.
`
`Remarks
`
`Upon entry of the foregoing amendment, claims 1 and 28—55 are pending in the application,
`
`with claims 1, 28, and 42 being the independent claims. Claim 1 has been amended. Claims 2—27
`
`have been canceled without prejudice to or disclaimer of the subject matter therein. New claims 28—
`
`55 have been added. These changes are believed to introduce no new matter, and their entry is
`
`respectfully requested.
`
`Based on the above amendment and the following remarks, Applicant respectfully requests
`
`that the Examiner reconsider all outstanding objections and rejections and that they be withdrawn.
`
`Rejections under 35 U.S.C. § 112
`
`Claims 20 and 23—27 stand 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 pre-AIA the applicant regards as the
`
`invention. Without acquiescing to the propriety of the rejections, claims 20 and 23—27 have been
`
`cancelled, thereby rendering the rejections moot.
`
`Claims 2, 19, and 20 stand rejected under 35 U.S.C. § ll2(d) or pre-AIA 35 U.S.C. § 112,
`
`4th paragraph, as being of improper dependent form for failing to further limit the subject matter of
`
`the claim upon which it depends, or for failing to include all the limitations of the claim upon which
`
`it depends. Without acquiescing to the propriety of the rejections, claims 2, 19, and 20 have been
`
`cancelled, thereby rendering the rejection moot.
`
`In view of the above, withdrawal of each of the § 112 rejections is respectfully requested
`
`and believed to be appropriate.
`
`Rejections under 35 U.S.C. §§ 102, 103
`
`Claims 1—3, 6—15, and 23—26 stand rejected under 35 U.S.C. § 102(a)(1) as being
`
`anticipated by US. Patent No. 6,213,933 B1 to Lin. Claims 21 and 22 stand rejected under 35
`
`U.S.C. § 102(a)(1) as being anticipated by US. Patent Application Publication No. 2009/0227 831
`
`A1 to Burnett el al. Claims 4, 5, and 16—18 stand rejected under 35 U.S.C. § 103 as being
`
`Atty. Dkt. No. 43 87.0020008
`
`

`

`Reply to Office Action of October 7, 2019
`
`Application No. 15/404,384
`
`- 10 -
`
`Ondra PROUZA
`
`unpatentable over Lin. Applicant respectfully traverses each of the anticipation and obviousness
`
`rejections at least in view of the following.
`
`Without agreeing to the propriety of the outstanding anticipation rejection, independent
`
`claim 1 has been amended to further recite:
`
`l. placing a magnetic applicator proximate to the muscle in a body region including a
`
`thigh, a buttock, or an abdomen,
`
`2. generating a time-varying magnetic field by a magnetic field generating device with a
`
`magnetic flux density in a range of 0.5 Tesla to 7 Tesla, a repetition rate in a range of 1
`
`Hz to 300 Hz and with an impulse duration in a range of 10 us to 700 us, and
`
`3.
`
`cooling the magnetic field generating device by a fluid cooling media.
`
`Li at least fails to disclose or render obvious these additional features.
`
`For example, Li discloses inducing fibrinolysis in a human subject through electro-magnetic
`
`induction. See Li at Abstract. Nevertheless, Li at least fails to disclose, for example, generating a
`
`time-varying magnetic field having a magnetic flux density in a range of 0.5 Tesla to to 7 Tesla, a
`
`repetition rate in a range of 1 Hz to 300 Hz and with an impulse duration in a range of 10 us to 700
`
`us, as recited in amended independent claim 1. Accordingly, withdrawal of the anticipation
`
`rejection of independent claim 1 is respectfully requested and believed to be appropriate.
`
`Without acquiescing to the propriety of the outstanding anticipation and obviousness
`
`rejections, claims 2—27 have been cancelled thereby rendering the outstanding rejections moot.
`
`For at least each of the above-listed reasons, withdrawal of each of the outstanding
`
`anticipation and obviousness rejections is respectfully requested and believed to be appropriate.
`
`New Claims 28—55
`
`New claims 28—55 have been submitted. Support for the new claims can be found
`
`throughout the initial disclosure, including for example within references incorporated by reference
`
`at the time of filing.
`
`New independent claims 28 and 42 each recite features similar to those now recited in
`
`amended independent claim 1. For at least the reasons discussed above with respect to independent
`
`claim 1, new independent claims 28 and 42, and each of the claims dependent therefrom, are
`
`Atty. Dkt. No. 43 87.0020008
`
`

`

`Reply to Office Action of October 7, 2019
`
`Application No. 15/404,384
`
`- 11 -
`
`Ondra PROUZA
`
`submitted to be allowable. In addition, each of new claims 28—55 include additional feature that
`
`alone or in combination render the claims allowable over the asserted prior art.
`
`Conclusion
`
`All of the stated grounds of rejection have been properly traversed, accommodated, or
`
`rendered moot. Applicant therefore respectfully requests that the Examiner reconsider all presently
`
`outstanding objections and rejections and that they be withdrawn. Applicant believes that a full and
`
`complete reply has been made to the outstanding Office Action and, as such, the present application
`
`is in condition for allowance. If the Examiner believes, for any reason, that personal communication
`
`will expedite prosecution of this application, the Examiner is invited to telephone the undersigned at
`
`the number provided.
`
`Prompt and favorable consideration of this Amendment and Reply is respectfully requested.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`
`Richard D. Coller III
`
`Attorney for Applicant
`Registration No. 60,390
`
`Date:
`
`April 7 , 2020
`
`1100 New York Avenue, NW.
`Washington, DC. 20005-3934
`(202) 371-2600
`
`Atty. Dkt. No. 43 87.0020008
`
`