`
`UNITED STATES DEPARTMENT OF COM1VIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`26111
`
`7590
`
`01/27/2020
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`DORNA, CARRIE R
`
`3791
`
`DATE MAILED: 01/27/2020
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/601,719
`
`05/22/2017
`
`Tomas Schwarz
`
`43 870050004
`
`5299
`
`TITLE OF INVENTION: AESTHETIC METHOD OF BIOLOGICAL STRUCTURE TREATMENT BY MAGNETIC FIELD
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PALD ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$ 1000
`
`$0.00
`
`$ 1000.00
`
`$0
`
`04/27/2020
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING
`
`DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD
`CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN
`
`THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST
`TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW DUE.
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`HOW TO REPLY TO THIS NOTICE:
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`1. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
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`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above.
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`"Change in Entity Status (from status indicated above)".
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`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
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`11. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
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`Page 1 of 3
`
`PTOL-85 (Rev. 02/11)
`
`

`

`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`
`PART B - FEE(S) TRANSMITTAL
`
`By mail, send to:
`
`Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
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`By fax, send to:
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`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All
`further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected
`below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate ”FEE ADDRESS" for maintenance fee notifications.
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing 0r Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
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`addressed to the Mail Stop ISSUE FEE address above, or being transmitted to
`the USPTO via EFS-Web or by facsimile to (571) 273-2885, on the date below.
`(Typed or printed name)
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`01/27/2020
`7590
`26111
`STERNE KESSLER GOLDSTEIN & FOX PWLLC
`’
`’
`1 100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`(Signature) (Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/601,719
`
`05/22/2017
`
`Tomas Schwarz
`
`43 870050004
`
`5299
`
`TITLE OF INVENTION: AESTHETIC METHOD OF BIOLOGICAL STRUCTURE TREATMENT BY MAGNETIC FIELD
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$ 1000
`
`$0.00
`
`$ 1000.00
`
`$0
`
`04/27/2020
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`DORNA, CARRIE R
`
`3791
`
`600-014000
`
`1. Change of correspondence address or indication of ”Fee Address” (37
`CFR 1.363).
`
`3 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`
`
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`
`
`1
`
`2
`
`
`
`
`
`3 ”Fee Address” indication (or ”Fee Address” Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`\Iumber is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been previously
`recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`DAdvance Order - # of Copies
`DPublication Fee (if required)
`DIssue Fee
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`
`3 Electronic Payment via EFS-Web
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` :I The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`D Enclosed check
`
`D Non-electronic payment by credit card (Attach form PTO-2038)
`
`5. Change in Entity Status (from status indicated above)
`
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
` 3 Applicant changing to regular undiscounted fee status.
`
`Authorized Signature
`
`Typed or printed name
`
`PTOL—85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/601,719
`
`05/22/2017
`
`Tomas Schwarz
`
`43 870050004
`
`5299
`
`26111
`
`7590
`
`01/27/2020
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`DORNA, CARRIE R
`
`3791
`
`DATE MAILED: 01/27/2020
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
`
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`
`to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration
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`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
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`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
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`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
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`directed to the Customer Service Center of the Office of Patent Publication at 1—(888)—786—0101 or (571)—272—4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and Budget
`approval before requesting most types of information from the public. When OMB approves an agency request to
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`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
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`National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
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`2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record
`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed
`in an application which became abandoned or in which the proceedings were terminated and which application
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`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`

`

`I
`
`I I
`
`15/601 ,719
`
`Schwarz et aI.
`
`CARRIE R DORNA
`
`3791
`
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.. This communication is responsive to the RCE filed 8 January 2020 and the amendment filed 15 January 2020.
`
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporated into this action.
`
`; the
`
`3.. The allowed cIaim(s) is/are 61-70,72,83-85 and 88-94 . As a result of the allowed cIaim(s), you may be eligible to benefit from the
`Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more
`information, please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to
`PPeredback@uspto.gov.
`
`4C] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`Certified copies:
`
`a) CIA”
`
`b) [3 Some
`
`*c) C] None of the:
`
`1. [:1 Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No.
`
`3. [I Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE“ of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`51:] CORRECTED DRAWINGS (as “replacement sheets“) must be submitted.
`C]
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6C] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Primary Examiner, Art Unit 3791
`
`Attachment(s)
`LU Notice of References Cited (PTO-892)
`
`2.. Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`.
`3C] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`.
`4.. Interview Summary (PTO-413)
`Paper No./Mai| Date. 20200113.
`ICARRIE R DORNA/
`
`5.
`
`Examiner's Amendment/Comment
`
`6. C] Examiner's Statement of Reasons for Allowance
`
`7. [:1 Other
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`_
`Part of Paper N0-/Mall Date 20200113
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1. 1 14
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office
`
`action under EX Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since
`
`this application is eligible for continued examination under 37 CFR 1.114, and the fee
`
`set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has
`
`been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 8 January
`
`2020 and 15 January 2020 has been entered.
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`Claim Interpretation
`
`(f) Element in Claim for a Combination. — An element in a claim for a combination may be
`expressed as a means or step for performing a specified function without the recital of
`structure, material, or acts in support thereof, and such claim shall be construed to cover the
`corresponding structure, material, or acts described in the specification and equivalents
`thereof.
`
`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
`
`An element in a claim for a combination may be expressed as a means or step for performing
`a specified function without the recital of structure, material, or acts in support thereof, and
`such claim shall be construed to cover the corresponding structure, material, or acts
`described in the specification and equivalents thereof.
`
`4.
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim language in light of the specification as it would be
`
`understood by one of ordinary skill in the art. The broadest reasonable interpretation of
`
`a claim element (also commonly referred to as a claim limitation) is limited by the
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 3
`
`description in the specification when 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth
`
`paragraph, is invoked.
`
`As explained in MPEP § 2181, subsection I, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AlA 35
`
`U.S.C. 112, sixth paragraph:
`
`(A)
`
`the claim limitation uses the term “means” or “step” or a term used as a substitute
`
`for “means” that is a generic placeholder (also called a nonce term or a non-
`
`structural term having no specific structural meaning) for performing the claimed
`
`function;
`
`(B)
`
`the term “means” or “step” or the generic placeholder is modified by functional
`
`language, typically, but not always linked by the transition word “for” (e.g.,
`
`“means for”) or another linking word or phrase, such as “configured to” or “so
`
`that”; and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by sufficient
`
`structure, material, or acts for performing the claimed function.
`
`Use of the word “means” (or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with 35
`
`U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites sufficient structure, material, or
`
`acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in a claim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 4
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites function without reciting
`
`sufficient structure, material or acts to entirely perform the recited function.
`
`Claim limitations in this application that use the word “means” (or “step”) are
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action. Conversely, claim limitations in this
`
`application that do not use the word “means” (or “step”) are not being interpreted under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
`
`indicated in an Office action.
`
`Information Disclosure Statement
`
`5.
`
`The information disclosure statement filed 8 January 2020 fails to comply with
`
`the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because each non-patent
`
`literature citation has not been provided a publication date.
`
`It has been placed in the
`
`application file, but the lined-through information referred to therein has not been
`
`considered as to the merits. Applicant is advised that the date of any re-submission of
`
`any item of information contained in this information disclosure statement or the
`
`submission of any missing element(s) will be the date of submission for purposes of
`
`determining compliance with the requirements based on the time of filing the statement,
`
`including all certification requirements for statements under 37 CFR 1.97(e). See
`
`MPEP § 609.05(a).
`
`6.
`
`Applicant should note that the large number of references in the attached IDS
`
`document(s) have been considered by the examiner in the same manner as other
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 5
`
`documents in Office search files are considered by the examiner while conducting a
`
`search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is
`
`invited to point out any particular references in the submitted IDS documents which they
`
`believe may be of particular relevance to the instant claimed invention in response to
`
`this Office action.
`
`EXAMINER’S AMENDMENT
`
`7.
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Authorization for this examiner’s amendment was given in an interview with Ian
`
`Soule on 16 January 2020.
`
`8.
`
`The application has been amended as follows:
`
`1. At claim 61 line 4, change “with the patient’s skin or clothing;” to read —with a
`
`body region of the patient;--.
`
`2. At claim 61 line 6, change “with the patient’s skin or clothing;” to read —with the
`
`body region of the patient;--.
`
`3. At claim 61 line 7, change “each applicator at a body region” to read —each
`
`applicator at the body region--.
`
`4. At claim 61 lines 15-16, change “of the patient in order” to read —of the patient
`
`in the body region in order--.
`
`5. At claim 61 line 17, change “cooling adipose cells to” to read —cooling adipose
`
`cells in the patient to--.
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 6
`
`6. At claim 67 line 3, change “with the patient’s skin or clothes in a body region,”
`
`to read —with a body region of the patient,--.
`
`7. At claim 67 line 11, change “bursts of magnetic pulses” to read —bursts of the
`
`magnetic pulses--.
`
`8. At claim 83 lines 1-2, change “A treatment device for toning muscles of a
`
`patient using time-varying magnetic fields” to read —A treatment device for toning at
`
`least one muscle of a patient using a time-varying magnetic field--.
`
`9. At claim 83, line 3, change “applicator held in contact with the patient’s skin or
`
`clothing with a belt” should read —applicator configured to be held in contact with a body
`
`region of the patient with a belt--.
`
`10. At claim 83 line 13, change “wherein the belt aids in positioning” should read
`
`—wherein the belt is configured to aid in positioning--.
`
`11. At claim 83 line 15, change “innervating at least one muscle” to read —
`
`innervating the at least one muscle--.
`
`12. At claim 83 line 16, change “within at least one body region” to read —within
`
`the body region--.
`
`13. At claim 83 line 17, change “buttocks,” to read —buttocks--.
`
`14. At claim 84 line 5, change “waves are applied” to read —waves are configured
`
`to be applied--.
`
`15. At claim 89 lines 1-2, change “further comprising using a signal from a
`
`sensor” to read —further comprising a sensor, wherein the device is configured to use a
`
`signal from the sensor--.
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 7
`
`16. At claim 89 lines 4-5, change “; and disabling generating” to read --; and the
`
`device is configured to disable generating--.
`
`17. At claim 91 line 15, change “bursts of magnetic pulses” should read —bursts
`
`of the magnetic pulses--.
`
`18. At claim 91 line 16, change “neuromuscular plate, or nerve innervating”
`
`should read —neuromuscular plates, or nerves innervating--.
`
`19. At claim 93 line 2, change “and providing” to read —and for providing--.
`
`20. At claim 94 line 2, change “waves to be applied” to read —waves configured
`
`to be applied--.
`
`Allowable Subject Matter
`
`9.
`
`Claims 61-70, 72, 83-85, and 88-94 are allowed for the reasons noted in the
`
`Office action mailed 10 January 2019.
`
`Conclusion
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CARRIE R DORNA whose telephone number is
`
`(571)270-7483. The examiner can normally be reached on 8am-5pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Charles Marmor, II can be reached on 571-272-4730. The fax phone
`
`

`

`Application/Control Number: 15/601 ,719
`Art Unit: 3791
`
`Page 8
`
`number for the organization where this application or proceeding is assigned is 571 -
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/CARRIE R DORNA/
`
`Primary Examiner, Art Unit 3791
`
`

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