Attorney Dkt. N0. 066964-8046.USOO
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IN RE APPLICATION OF: TOMAS SCHWARZ ET AL.
`
`EXAMINER:
`
`CHRISTINE HOPKINS
`
`APPLICATION NO.:
`
`15/473,390
`
`FILED:
`
`MARCH 29, 2017
`
`FOR: AESTHETIC METHOD OF BIOLOGICAL
`
`MATTHEWS
`
`ART UNIT:
`
`3735
`
`CONF. NO:
`
`4295
`
`STRUCTURE TREATMENT BY MAGNETIC FIELD
`
`
`
`AMENDMENT
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Commissioner:
`
`In response to the non-final Office Action dated 06/23/2017, please amend the
`
`Application as follows:
`
`Changes to the claims begin on page 2 of this paper.
`
`Remarks begin on page 5 of this paper.
`
`|Continued on the next page.|
`
`Certificate of Transmission under 37 CFR 1.8
`
`I hereby certify that this correspondence is being EFS-Web transmitted to the USPTO.
`
`
`Signature
`
`310-788-9900
`
`Telephone Number
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`66964-8046.USOO/1360604241
`
`
`
`Date
`
`
`
`Printed Name
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`The following listing of claims shall replace all claims previously in the Application.
`
`1-40.
`
`(Cancelled)
`
`41.
`
`(Currently Amended) The method of claim [[40]] Efurther comprising
`
`applying thermal treatment to the patient’s body.
`
`42-46. (Cancelled)
`
`47.
`
`(Currently Amended) The method of claim [[42]] flfurther comprising
`
`applying radiofrequency waves to the patient’s body.
`
`48-54. (Cancelled)
`
`55. (Currently Amended) The method of claim [[48]] E wherein an operator’s
`
`continual surveillance and/or control is not needed during a treatment.
`
`56-69. (Cancelled)
`
`70. (New)
`
`A method for adipose cells reduction using a time-varying magnetic
`
`field applied to a patient’s body, wherein the time-varying magnetic field is generated by
`
`a device which includes a connection to an energy source, a switching device, an
`
`energy storage device and a magnetic field generating device, comprising:
`
`a.
`
`charging the energy storage device providing energy to the magnetic field
`
`generating device from the energy source; and
`
`b.
`
`discharging the energy storage device to the magnetic field generating
`
`device in order to generate the time-varying magnetic field; and
`
`c.
`
`applying the time-varying magnetic field to at
`
`least one of
`
`thighs,
`
`saddlebags, buttocks, abdomen, hips, love handles, torso and/or arms of the patient.
`
`71
`
`(New) The method of claim 70 further comprising moving the magnetic
`
`field generating device with respect to the patient wherein the patient is in seated or
`
`lying position.
`
`72
`
`(New) The method of claim 70 further comprising switching the switching
`
`device on in order to establish a closed loop consisting of the energy storage device and
`
`the magnetic field generating device.
`
`73
`
`(New) The method of claim 70 wherein the magnetic field generating
`
`device includes a plurality of individually insulated conductors.
`
`66964-8046.USOO/1360604241
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`74
`
`(New) The method of claim 73 further comprising generating the time-
`
`varying magnetic field of a magnetic flux density over 0.1 and up to 7 T.
`
`75
`
`(New) The method of claim 74 further comprising directing a cooling media
`
`over at least upper and lower side of the magnetic field generating device in order to
`
`dissipate heat generated by the magnetic field generating device.
`
`76
`
`(New) The method of claim 70 wherein the magnetic field generating
`
`device includes a conductor of a diameter less than 3 mm.
`
`77
`
`(New) The method of claim 76 wherein the magnetic field generating
`
`device is in a serial connection with the energy storage device providing the energy to
`
`the magnetic field generating device.
`
`78
`
`A method for reducing BMI of a patient using a time-varying magnetic field
`
`applied to a patient’s body, wherein the time-varying magnetic field is generated by a
`
`device which includes a connection to an energy source, a switching device, an energy
`
`storage device and a magnetic field generating device, comprising:
`
`a.
`
`providing energy from the energy storage device to the magnetic field
`
`generating device; and
`
`b.
`
`generating the time-magnetic field by the magnetic field generating device
`
`with a magnetic flux density in a range of 0.5 to 7 T; and
`
`c.
`
`79
`
`applying the time-varying magnetic field to the patient.
`
`(New) The device of claim 78 wherein a serial connection of the energy
`
`storage device and the magnetic field generating device is in a parallel connection to the
`
`switching device enabling discharging the energy storage device to the magnetic field
`
`generating device.
`
`80
`
`(New) The method of claim 78 wherein a voltage drop between two
`
`successive peak amplitudes output from the energy storage device,
`
`is not higher than
`
`21%.
`
`81
`
`(New) The method of claim 78 wherein the magnetic field generating
`
`device includes a conductor of a diameter less than 3 mm.
`
`82
`
`(New) The method of claim 81 further comprising cooling the magnetic
`
`field generating device in order to maintain a temperature of an applicator up to 43 °C.
`
`66964-8046.USOO/1360604241
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`3
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`83
`
`(New) The method of claim 81 further comprising applying the time-varying
`
`magnetic field to at least one of thighs, saddlebags, buttocks, abdomen, hips,
`
`love
`
`handles, torso and/or arms of the patient.
`
`84
`
`(New) The method of claim 83 further comprising generating the time-
`
`varying magnetic field with a treatment duty cycle is higher than 1O %.
`
`85
`
`(New) The method of claim 81 wherein the magnetic field generating
`
`device includes a litz-wire.
`
`86
`
`(New) The method of claim 85 further comprising directing a cooling media
`
`in a direction parallel to the magnetic field generating device.
`
`87
`
`A method for toning, shaping and/or strengthening a muscle of a patient
`
`using a time-varying magnetic field applied to a patient’s body, wherein the time-varying
`
`magnetic field is generated by a device which includes a connection to an energy
`
`source, a switching device, an energy storage device and a magnetic field generating
`
`device, comprising:
`
`a.
`
`generating the time-varying magnetic field by the magnetic field generating
`
`device having a conductor of a diameter less than 3 mm; and
`
`b.
`
`applying the time-varying magnetic field to at
`
`least one of
`
`thighs,
`
`saddlebags, buttocks, abdomen, hips, love handles, torso and/or arms of the patient.
`
`88
`
`(New) The method of claim 87 wherein the energy storage device is in a
`
`serial connection with the magnetic field generating device.
`
`89
`
`(New) The method of claim 87 wherein a voltage drop between two
`
`successive peak amplitudes output from the energy storage device is not higher than
`
`21 %.
`
`90
`
`91
`
`(New) The method of claim 87 wherein the conductor is insulated.
`
`(New) The method of claim 90 further comprising generating the time-
`
`varying magnetic field with a repetition rate in a range of
`
`1
`
`to 100 Hz and with a
`
`magnetic flux density over 0.1 T and below 7 T.
`
`92
`
`(New) The method of claim 91 wherein the magnetic field generating
`
`device is in a parallel connection with the switching device enabling discharging the
`
`66964-8046.USOO/1360604241
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`energy storage device to the magnetic field generating device in order to generate the
`
`time-varying magnetic field.
`
`93
`
`A method of operating a device which generates a time-varying magnetic
`
`field for treatment of cellulite, wherein the device includes a connection to an energy
`
`source, a switching device, an energy storage device and a magnetic field generating
`
`device, comprising:
`
`a.
`
`b.
`
`charging the energy storage device; and
`
`providing energy from the energy storage device to the magnetic field
`
`generating device; and
`
`c.
`
`d.
`
`generating the time-varying magnetic field; and
`
`applying the time-varying magnetic field to at least one of a body region
`
`including thighs, saddlebags, buttocks, love handles, abdomen, hips and/or arms;
`
`wherein the magnetic field generating device includes an insulated conductor;
`
`and
`
`wherein the method causes a muscle contraction in a treated body region.
`
`94
`
`(New) The method of claim 93 wherein the magnetic field generating
`
`device is in parallel connection to the switching device enabling providing energy from
`
`the energy storage device to the magnetic field generating device in order to generate
`
`the time-varying magnetic field.
`
`95
`
`(New) The method of claim 93 wherein the magnetic field generating
`
`device includes a conductor of a diameter less than 3 mm.
`
`96
`
`(New) The method of claim 95 further comprising generating the time-
`
`varying magnetic field with a magnetic flux density in a range of 0.5 to 7 T and with a
`
`duty cycle of at least 10 %.
`
`97
`
`(New) The method of claim 93 wherein the insulated conductor is a litz-
`
`wire.
`
`98
`
`(New) The method of
`
`claim 97 further comprising maintaining a
`
`temperature of an applicator up to 43 °C.
`
`66964-8046.USOO/1360604241
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`99
`
`(New) The method of claim 98 wherein the device further includes a blower
`
`for directing a cooling media and wherein the blower is on circumference of the magnetic
`
`field generating device.
`
`66964-8046.USOO/1360604241
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.U800
`
`REMARKS
`
`Objected documents:
`
`U82015157873 — herein after as Sokolowski;
`
`U82008249350 — herein after as Marchitto.
`
`Documents to be incorporated:
`
`U.S. Patent Application No. 14/873,110 — herein after as 8010
`
`your ref. 066964-8010.USO1
`
`U.S. Patent Application No. 15/099,274 — herein after as 8017
`
`your ref. 066964-8017.U800
`
`Proposed Amendments to the specification:
`
`1. Please add new part of sentence in par. 103:
`
`“In the most preferred application the treatment may be provided by self-operated
`
`device protecting the patient and/or the magnetic stimulation device from an unintended
`
`event, e.g. heat damage of the patient and/or the magnetic stimulation device.”
`
`Please add paragraph 0015.01 as follows:
`
`“As used here “continual therapy” and “continual magnetic stimulation” means therapy
`
`where the set of the magnetic flux density and frequency/repetition rate of magnetic
`
`pulses does not lead to exceeding of the operating temperature 43 °C on the casing of
`
`the device operating in an ambient temperature of 30 °C regardless of the duration of
`
`therapy.”
`
`66964-8046.USOO/1360604241
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.U800
`
`Response to objected documents by the Examiner
`
`Sokolowski
`
`
`
`Sokolowski teaches a reduction of fat tissue in abdomen, buttocks and thighs.
`
`Further Sokolowski teaches a contactless application of the time-varying magnetic field
`
`to the patient.
`
`[Sokolowski: Abstract, par. 5]
`
`Heating the tissue
`
`Relative to the rejection of Claims 41, 56 or 62 , the Office Action interprets Sokolowski
`
`as applying heat to the patient. [based on Sokolowski: par. 50]
`
`Following the description Sokolowski teaches in par. 50: “Also shown is the power unit
`
`(14) belonging to the voltage supply of the device, which is configured and installed
`
`separately on account of the high heat levels produced, with output voltages of
`
`between 500 and 1000 V and the associated connecting cables (15)”
`
`We interpret [Sokolwski: par. 50] in the sense that the heat is generated in the
`
`power unit (14). The power unit (14) is remote from the device due to the generated heat
`
`hence we presume that the heat is not applied to the patient.
`
`66964-8046.USOO/1360604241
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`8
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`Further the heat may be generated in a coil. On the other hand, Sokolowski
`
`teaches various methods of removing the heat from the coil. [Sokolowski: par. 11-17]
`
`Sokolowski teaches “The cross-section of the conductor is 1 cm2 to about 2 cm2.
`
`This large cross-section of the coil conductor, by comparison with that of coils used
`
`in site-selective magnetic field stimulation (focusing), reduces the ohmic resistance,
`
`thus reducing the Joule‘s heat”. [Sokolowski: par. 13]
`
`Referring to the cross-section of the conductor it equals a conductor diameter in a
`
`range of 11.28 to 15.96 mm.
`
`Based on par. 13 Sokolowski teaches away from using conductors of smaller
`
`cross-section area since smaller cross-section area causes higher ohmic losses. It is
`
`given by the following equation:
`
`
`
`where PR is the power loss heat dissipation (W);p is the resistance (Q-m); /is the length
`
`of wire (m); Sis the surface area (m2); [is the current (A) and m is 1 kg of wire material.
`
`The larger cross-section area of the conductor the higher reduction of Ohmic losses is.
`
`Additionally, Sokolowski teaches “the coil may also be produced from high-
`
`frequency wires, by conventional technology, to avoid skin and proximity effects.
`
`However, an estimation of the skin depth shows that this is not necessary with a
`
`pulse duration of about 200 ps” [Sokolowski: par. 14]
`
`Based on this paragraph, we suppose that Sokolowski teaches away from using
`
`the high-frequency wire for the coil since it is not necessary for the invention.
`
`66964-8046.USOO/1360604241
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`Continual surveillance of an operator
`
`Sokolowski teaches a feedback link including integrated camera for determining
`
`muscle contractions and optimizing treatment parameters based on the muscle
`
`contractions evaluated by a computer. [Sokolowski: par. 25]
`
`On the other hand, in the claims, the term continual surveillance of an operator
`
`should be interpreted in the sense that the continual surveillance is necessary for safe
`
`treatment. [8046: par. 103] .The safe treatment means protecting the patient and/or the
`
`device from heat damage.
`
`Such a feature can’t be evaluated by the device taught by Sokolowski. Further
`
`Sokolowski doesn’t protect the patient and/or the device. Sokolowski optimizes
`
`treatment parameters, there is no safety function.
`
`Marchitto
`
`
`
`Marchitto generates RF waves for treatment of a patient. [Marchitto: Abstract...]
`
`Marchitto teaches application of high-frequency alternating magnetic field to promote a
`
`production of new collagen fibers. [Marchitto: par. 15, 19...]
`
`66964-8046.USOO/1360604241
`
`‘IO
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Muscle contraction
`
`Attorney Dkt. No. 066964-8046.USOO
`
`Contrary to the Office Action, Marchitto does not teach inducing a muscle contraction.
`
`Marchitto uses the word muscle several times — in par. 33, 34, 70 and 71 in the sense
`
`that in Figs. 6 and 7 is a muscle. The nearest reference to the muscle is in par. 51:
`
`“Treatment of skin wrinkles can sometimes employ botulism toxin, whereupon an
`
`injection of toxin in or around the nerves associated with the wrinkle temporarily relax
`
`the muscle leading to reduction in the appearance of the wrinkle.”
`
`Further Marchitto teaches “These currents encounter resistance and the result is the
`
`generation of heat” [Marchitto: par. 47] The muscle contraction can’t be induced by heat.
`
`Hence Marchitto has no reference of such a feature.
`
`Adipose cells reduction
`
`Contrary to the Office Action Marchitto does not disclose reducing adipose cells by RF
`
`waves.
`
`Marchitto teaches: “A scaffold or lattice structure may be placed within tissues to provide
`
`support. The structure may be fixed or fused in place using methods described herein.
`
`For example, localizing a scaffold made of polylactic acid, or a similar polymer in
`
`proximity to fat layers found in or under skin could prove beneficial in the treatment of
`
`cellulite fat
`
`By increasing the number of attachment points, or by fixing a mesh-like
`
`substrate in place to minimize bulge, or by heating the fat to achieve melting and
`
`flowing into the scaffold, cosmesis may conceivably be improved. The devices and
`
`methods described herein may be used to heat and melt fat layers.” [Marchitto: par. 49]
`
`There is no reference teaching that the fat cells are reduced and/or damaged by
`
`the heat. Melting the fat and flowing into the scaffold doesn’t cause any reduction. It
`
`causes redistribution of the fat. The redistribution is not the reduction.
`
`Furthermore Marchitto teaches a scaffold/lattice made of polylactic acid or similar
`
`polymer in the same paragraph. The polylactic acid (PLA) is biodegradable polymer
`
`which is not produced by a human body. PLA is used as biocompatible material. Hence
`
`66964-8046.USOO/1360604241
`
`11
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`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`based on this fact we can only guess how PLA is involved in the method taught by
`
`Marchitto. Further we can guess how the scaffold/lattice is inserted to the proximity of fat
`
`layer
`
`Additionally, Marchitto teaches in par. 47: “The device may be used to induce
`
`changes in tissue by applying alternating magnetic fields to the tissue such that currents
`
`are induced within the tissue (eddy currents). These currents encounter resistance
`
`and the result is the generation of heat. These eddy currents form most efficiently
`
`where there is a moist, polar environment, thus enabling electron displacement or ion
`
`flow within the target. Thus, for example, in skin, the generation of eddy currents in
`
`the moist underlying dermis is favored over the superficial dehydrated epidermis
`
`and stratum corneum layers, and the underlying, more non-polar adipose layer.
`
`This results in preferable heating of conductive tissues over non- or weakly-
`
`conductive tissues.”
`
`Marchitto teaches in par. 14: “Thus, the prior art is deficient in methods and
`
`devices for non-invasive and safer methods of skin rejuvenation induced by high
`
`frequency alternating magnetic fields that inductively heat skin tissues. The prior
`
`art is also deficient in the use of alternating magnetic fields to inductively heat
`
`conductive dermal tissues with a high degree of specificity. The prior art is also
`
`deficient in methods and devices to target during the skin rejuvenation process only
`
`conductive dermal tissue and have little effect on fat and skin surface tissues.”
`
`Based on these paragraphs and the entire description of Marchitto every person
`
`having ordinary skills in the art would recognize that Marchitto teaches treatment of
`
`shallow conductive layer of a skin, i.e. dermis including water to promote collagen
`
`production.
`
`Furthermore, in these paragraphs Marchitto teaches that non-polar and weakly
`
`conductive tissues are not treated, i.e. adipose cells. Particularly in par. 47 Marchitto
`
`teaches that adipose layer is non-polar and non-conductive. Moreover, in Background of
`
`the invention Marchitto teaches that current methods lack sufficient specificity to treat
`
`only the dermal layer.
`
`66964-8046.USOO/1360604241
`
`12
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`Treatment area
`
`Contrary to the Office Action Marchitto does not teach at least one treatment area of
`
`thighs, saddlebacks, buttocks, abdomen, hips or arms.
`
`We accept that Marchitto teaches application of radiofrequency treatment to back/dorsa.
`
`[Marchitto: par. 72, 73]
`
`We assume this is the reason of rejection claimed treated area of torso.
`
`Continual surveillance of an operator
`
`Marchitto teaches: “the heating effect in tissue tends to change the electrical
`
`properties of the tissue. As the tissue alters the electrical impedance that the
`
`radiofrequency generator sees, it is possible to use this change to monitor the heating
`
`process. For example, as the impedance of the skin changes, the impedance mismatch
`
`between the radiofrequency generator and the tissue/applicator increases and so the
`
`power reflected back into the radiofrequency generator increases.” [Marchitto: par. 43]
`
`The feedback based on Marchitto optimizes energy transfer to the patient, i.e. treatment
`
`parameters. The treatment parameters are optimized in order to maximal the energy
`
`transfer.
`
`On the other hand, the term continual surveillance of an operator in claim 41
`
`should be interpreted in the sense that the continual surveillance is not necessary for
`
`safe treatment. [par. 103] The safe treatment means protecting the patient and/or the
`
`device from heat damage.
`
`Marchitto optimizes treatment parameters, there is no safety function.
`
`Notwithstanding we explained above the differences of the objected documents, further
`
`amendments to the claims are proposed.
`
`66964-8046.USOO/1360604241
`
`13
`
`

`

`Application SN: 15/473,390
`Amendment
`
`CLAIM CHANGES
`
`Energy storage device — herein after as capacitor
`
`Magnetic field generating device — herein after as coil
`
`Attorney Dkt. No. 066964-8046.USOO
`
`70 — charging the energy storage from energy source
`
`The meaning is that the capacitor providing energy to the coil is charged directly from
`
`the energy source and that the energy for generating the magnetic field is not
`
`transferred from first capacitor (Ct) to second capacitor (02). We would like to avoid
`
`objecting of Ci taught by Sokolowski.
`
`Sokolowski teaches “The selected charge voltage of this reservoir capacitor (Ci)
`
`essentially determines the stimulation power and hence the amplitude level of the
`
`stimulation pulse that is to be generated. The actual energy store, the pulse capacitor
`
`(CZ), is charged up and recharged by means of the thyristor circuits A and B”
`
`[Sokolowski: par. 62]
`
`flew...“
`
`
`
`\_ ..
`
`E EE
`
`.
`
`5
`in”
`)AQ-saoAvc
`
`.E
`
`f
`
`“Maud
`
`z
`
`f‘m‘“
`“mm“.swmmmxta3:13....“mm“....
`
`d
`
`m;
`
`71 — moving the applicator with respect to the patient
`
`We would like to point out that Sokolowski doesn’t move the applicator with respect to
`
`the patient. Sokolowski moves the patient on height variable pedestal with respect to the
`
`applicator fixed on the stand. [Sokolowski: par. 50]
`
`66964-8046.USOO/1360604241
`
`14
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`
`
`Claiming such a feature is more operator friendly solution. Moreover, for adjusting a
`
`position of the applicator Sokolowski lifts the patient. This lifting is energy demanding
`
`compared to moving the applicator. Furthermore the height variable pedestal doesn’t
`
`enable lateral adjustment of the applicator position with respect to the patient.
`
`72 — closed loop
`
`This claimed feature is beneficial since the current flows in a loop consisting of the
`
`capacitor and the coil. No current flows to the energy source since the switching device
`
`establish a short connection.
`
`Sokolowski doesn’t enable anything similar.
`
`73 — insulated conductors
`
`Sokolowski doesn’t teach insulated conductor.
`
`74 — magnetic flux density
`
`Sokolowski teaches the magnetic flux density up to 0.1 T. [Sokolowski: par. 9]
`
`66964-8046.USOO/1360604241
`
`15
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`75 — directing the cooling media
`
`Sokolowski teaches pulling air by the fan (10). The air flows through holes (22) hence it
`
`cools only the upper side of the coil (24). [Sokolowski: par. 55] The air direction is
`
`represented by red lines.
`
`
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`
`
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`
`
`
`76 — conductor diameter less than 3 mm
`
`Sokolowski teaches “The cross-section of the conductor is 1 crn‘2 to about 2 cm2. This
`
`large cross-section of the coil conductor, by comparison with that of coils used in site-
`
`selective magnetic field stimulation (focusing), reduces the ohmic resistance, thus
`
`reducing the Joule's heat”. [Sokolowski: par. 13] It corresponds to the conductor
`
`diameter in a range of 11.26 to 15.96 mm.
`
`Based on Sokolowski: par. 13, the reduction of Joule’s heat is caused by a reduction of
`
`ohmic losses which correspond with ohmic resistance. The lower resistance is the lower
`
`heat is generated. The lower resistance is caused by large cross-section area of the
`
`conductor.
`
`Sokolowski teaches away from using the conductor diameter less than 3 mm.
`
`77 — components layout of the circuit
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`Sokolowski teaches different layout. [Sokolowski: par. 62; Fig. 7]
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`66964-8046.USOO/1360604241
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`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.U800
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`Claimed layout eliminates protective circuits. Hence the manufacturing price is lower and
`
`the power consumption is lower. [8046: par. 48]
`
`78 — magnetic flux density in the range of 0.5 to 7 T
`
`Sokolowski teaches the magnetic flux density up to 0.1 T. [Sokolowski: par. 9]
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`79 — components layout of the circuit
`
`Sokolowski teaches different layout. [Sokolowski: par. 62; Fig. 7]
`
`Claimed layout eliminates protective circuits. Hence the manufacturing price is lower and
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`the power consumption is lower. [8046: par. 48]
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`80 — voltage drop
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`Sokolowski doesn’t teach such a feature.
`
`Moreover, this feature was found as allowable in U.S. Patent Application 14/873,110
`
`(your ref. 066964-8010.U801) and in 15/073,318 (66964.8016.U800) and in US Patent
`
`No.
`
`81 — conductor diameter
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`Similar arguments as in Claim 76.
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`82 — applicator temperature
`
`None of the objected to documents teach the temperature of the applicator below 43 °C.
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`A benefit of this temperature is a patient’s safety. It is consistent with IEC 60601
`
`standard.
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`66964-8046.USOO/1360604241
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`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
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`84 — treatment duty cycle
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`None of the objected documents teaches the duty cycle higher than 10 %.
`
`The duty cycle provides benefits to the treatment results.
`
`Exemplary treatment duty cycle of 10 % is illustrated below. The rectangles represent a
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`number of pulses of some repetition rate such as 10 Hz, i.e. 2 seconds of continual
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`stimulation (20 pulses total) and 18 seconds of no stimulation.
`
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`time
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`23
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`18s
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`The treatment duty cycle is important for the patient due to relaxation of the treated
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`muscle. The muscle needs time for regeneration after a contraction. If the stimulation is
`
`continual for long time period then the muscle can’t relax and the muscle is exhausted in
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`short time period which is insufficient for the treatment result. Furthermore a lactate
`
`accumulates in the muscle hence the muscle is painful after the treatment in the case of
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`continual stimulation for long time period.
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`85 — litz-wire
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`Using litz-wire in the coil highly reduces energy losses caused by eddy currents. The litz-
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`wire is highly important for the device. It reduces the power consumption.
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`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`86 — direction the cooling media
`
`Arguments similar as in Claim 75.
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`87 — conductor diameter less than 3 mm
`
`Similar arguments as in Claim 76.
`
`88 — components layout of the circuit
`
`Sokolowski teaches different layout. [Sokolowski: par. 62; Fig. 7]
`
`Claimed layout eliminates protective circuits. Hence the manufacturing price is lower and
`
`the power consumption is lower. [8046: par. 48]
`
`89 — voltage drop
`
`Similar arguments as in Claim 80.
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`90 — insulated conductor
`
`Similar argument as in Claim 73.
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`91 — repetition rate and magnetic flux density
`
`Similar argument as in Claim 74. Moreover, claiming such a combination might be
`
`useful.
`
`92 — components layout of the circuit
`
`Sokolowski teaches different layout. [Sokolowski: par. 62; Fig. 7]
`
`Claimed layout eliminates protective circuits. Hence the manufacturing price is lower and
`
`the power consumption is lower. [8046: par. 48]
`
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`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`93 — insulated conductor
`
`Similar argument as in Claim 73.
`
`94 — components layout of the circuit
`
`Sokolowski teaches different layout. [Sokolowski: par. 62; Fig. 7]
`
`Claimed layout eliminates protective circuits. Hence the manufacturing price is lower and
`
`the power consumption is lower. [8046: par. 48]
`
`95 — conductor diameter less than 3 mm
`
`Similar argument as in Claim 76.
`
`96 — treatment duty cycle
`
`Similar argument to Claim 84.
`
`97 — litz-wire
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`Similar argument as in Claim 85.
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`98 — temperature of the applicator
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`Similar argument as in Claim 82.
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`99 — blower on circumference of the magnetic field generating device
`
`Sokolowski teaches: “The air conveying channel (20) in the hollow frame (16) of the
`
`stand (1) comprises, at an end remote from the patient, the fan (10) with air outlet
`
`openings (34) which aspirates air through the air inlet openings (22) in the plastic
`
`housing (2) of the stimulation coil (3), through filter mats (23), past air guidance
`
`elements (not shown), the windings (24) of the stimulation coil (3) and the connecting
`
`leads (18, 19), in order to cool it” [Sokolowski: par 55]
`20
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`66964-8046.USOO/1360604241
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`

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`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.U800
`
`:2
`
`5‘3 33} "
`
`.-"'~ {1%}
`
`‘
`r “f
`at?“ m
`:1. .- 34:
`it
`
` it ‘2'":
`
`fig?!
`*“ “W“ {7% 3}
`
`.~.
`fl “N‘s
`4. is fit
`
`Fan (10) taught by Sokolowski is influenced by the generated magnetic field. Due to the
`
`magnetic field eddy currents are induce in the fan (10). The fan is heated. The lifespan
`
`of the fan is reduced and the fan is prone to service deficiency.
`
`Application 15/601 ,719 has claims similar to the claims listed above. In a
`
`6/27/2017 Office Action (Examiner Dorna, AU3735) rejected claims in 15/601,719 as
`
`anticipated by Sokolowski Us 2015/0157873, and as obvious over Sokolowski in view of
`
`Phillips US 2013/0137918.
`
`In view of the foregoing,
`
`it
`
`is submitted that the claims are in condition for
`
`allowance. A Notice of Allowance is requested.
`
`Dated:
`
`Respectfully submitted,
`
`Customer No. 34055
`
`PERKINS COIE LLP
`
`Perkins Coie LLP
`
`Patent - LA
`
`PO. Box 1247
`
`Seattle, WA 98111-1247
`
`By:
`
`Phone:
`
`(310) 788-9900
`
`Fax:
`
`(206) 332-7198
`
`Email: KOhriner@perkinscoie.com
`
`66964-8046.USOO/1360604241
`
`21
`
`Kenneth H. Ohriner
`
`Reg. No. 31,646
`
`

`

`Application SN: 15/473,390
`Amendment
`
`Attorney Dkt. No. 066964-8046.USOO
`
`66964-8046.USOO/1360604241
`
`22
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