From:
` To:
`Subject:
`RE: Proposed Examiner"s Amendmentsto U.S. Appln. No. 15,601,719
`Date:
`Thursday, January 16, 2020 12:39:13 PM
`Attachments:
`Era-19905 Egg--
`ima“Pr"-’}§ n y
`0 t
`
`
`
`Dear Examiner Dorna,
`
`Thank you again for taking the time to speak with me today about the above referenced case. As we discussed, I’ve attached
`marked—up claim sets showing the changes we discussed on the phone in Track Changes. These changes are made with
`respect to the rest ofthe mark—up from our latest supplemental amendment filing.
`
`Any amendments made here are not an acquiescence to any position taken by the Office during the call or in any paper
`communication in the record—they are solely to expedite prosecution. If all is in order, you are authorized to make an
`examiner’s amendment to enter these amendments (including the amendments in the supplemental amendment recently
`filed). This is the only amendment authorized. If you have any questions, please let me know and we can discuss any further
`potential amendments.
`
`Thank you again, and best regards,
`—|an
`
`|
`| n
`Associate
`F xP.L.L.
`in
`|
`Ir
`m K
`Email: isg ile@§1,emeke§§|er.cgm
`Direct: 202.772.8984
`
`.
`
`Administrative Assistant: Beth Thompson
`Direct: 202.772.8590 Main: 202.371.2600
`
`From: Ian Soule
`Sent: Tuesday, January 14, 2020 5:37 PM
`To: ‘Dorna, Carrie‘
`Subject: Proposed Supplemental Amendments to U.S. Appln. No. 15,601,719
`
`Dear Examiner Dorna,
`
`Thank you for taking the time to speak with me today about the above referenced case. As we discussed, we plan to file
`supplemental amendments to the claims filed on September 27, 2019. I’ve attached a copy of the newly amended claims for
`your review, which we plan to file tomorrow with the appropriate transmittal documents and pleading. We also plan to add a
`few paragraphs from an application incorporated by reference, which will be included in the formal pleading.
`
`Please call me at my direct line below when you have a chance to discuss these claim amendments and next steps for this
`case.
`
`Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the
`undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter ofthis
`application via video conferencing, instant messaging, or electronic mail. I understand that a copy ofthese communications
`will be made of record in the application file. (MPEP 502.03)
`
`Best regards,
`Ian
`
`|
`I n
`Associate
`.
`in FxP.L.L.
`|
`r
`|
`m K
`1100 New York Avenue, NW, Washington, DC 20005
`
`Email: isg ile@§temeke§§|er.ggm
`
`

`

`
`
`Direct: 202.772.8984
`$2§§§§§§ E: fi§$$§§§ Administrative Assistant: Beth Thompson
`§§§§$Y§§§§ gt §Qx Main:202.371.2600 Direct: 202.772.8590
`
`

`

`Forthcoming supplemental amendment
`U.S. Appln. No. 15/601,719
`(43 870050004)
`
`Amendments to the Claims
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application.
`
`1—60.
`
`(Canceled).
`
`61.
`
`(Currently Amended) A method for treating a patient—using—a—treatment—dev—iee,
`
`comprising:
`
`positioning a first applicator having a first magnetic field generating device disposed
`
`Within it, the first applicator being in contact with the patient’s skin or clothing;
`
`positioning a second applicator having a second magnetic field generating device
`
`disposed Within it, the second applicator being in contact with the patient’s skin or clothing;
`
`securing each applicator at a body region of the patient in mutually tilted planes defined
`
`by an angle via a belt;
`
`charging a[[n]]m energy storage device;
`
`charging a second energy storage device;
`
`discharging energy from the fir_stenergy storage device to the first magnetic field
`
`generating device to generate a first time—varying magnetic field;
`
`discharging energy from the second energy storage device to the second magnetic field
`
`generating device to generate a second time varying magnetic field;
`
`simultaneously applying each of the time—varying magnetic fields to muscle of the patient
`
`in order to contract the muscle; and
`
`cooling adipose cells to a temperature in a range of 15° C to —2° Crwherei-n—t-he—fi-rst—and
`
`
`
`62.
`
`(Previously Presented) The method of claim 61, wherein the first and second
`
`time—varying magnetic fields each have a magnetic flux density in a range of 0.5 T and up to 7 T,
`
`a repetition rate in a range of 1 Hz to 700 Hz, an impulse duration in a range of 3 us to 10000 us,
`
`and a maximal value of a magnetic flux derivative in a range of 500 T/s to 150 kT/s, and wherein
`
`the body region comprises the patient’s buttocks or abdomen.
`
`

`

`Forthcoming supplemental amendment
`U.S. Appln. No. 15/601,719
`(43 87.0050004)
`
`63.
`
`(Previously Presented) The method of claim 61, further comprising cooling the
`
`first magnetic field generating device with a cooling media.
`
`64.
`
`(Previously Presented) The method of claim 61, further comprising measuring
`
`with a sensor one or more of a voltage, a current, a phase shift, a magnetic flux density, or a
`
`temperature; and
`
`adjusting the first time—varying magnetic field in response to the measurement.
`
`65.
`
`(Currently Amended) The method of claim 61, further comprising determining an
`
`unintended event has occurred based on measurements from a sensor, wherein the unintended
`
`event comprises a hardware error or a metal object being within proximity of the first or second
`
`applicatortreatment—deviee.
`
`66.
`
`(Previously Presented) The method of claim 61, wherein the belt is flexible.
`
`67.
`
`(Currently Amended) A method of treating a patient using a treatment device,
`
`comprising:
`
`placing an applicator in contact with the patient’s skin or clothes in a body region,
`
`wherein the applicator houses a magnetic field generation device, and wherein the body region
`
`comprises one or more buttocks, or abdomen;
`
`using a belt to maintain the applicator’s position within the body region;
`
`charging an energy storage device via an energy source;
`
`discharging energy from the energy storage device to the magnetic field generating
`
`device, such that a time—varying magnetic field is generated, the time—varying magnetic field
`
`comprising magnetic pulses;
`
`applying bursts of magnetic pulses to muscle fibers, neuromuscular plate, or nerve
`
`innervating the muscle fibers, each burst comprising a first duration wherein a plurality of
`
`subsequent magnetic pulses are generated in a trapezoidal envelope and a second duration
`
`wherein no magnetic pulses are generated, wherein the treatment duty cycle of the bursts is at
`
`least 10%, wherein the time—varying magnetic field comprises a magnetic flux density between
`
`

`

`Forthcoming supplemental amendment
`U.S. Appln. No. 15/601,719
`(43 870050004)
`
`0.1 T and 7 T, a repetition rate between 1 Hz and 700 Hz, an impulse duration between 3 us and
`
`10000 us, and a maximal value of a magnetic flux derivative between 500 T/s and 150 kT/s.
`
`68.
`
`(Previously Presented) The method of claim 67, the belt further comprising a
`
`buckle.
`
`69.
`
`(Previously Presented) The method of claim 67, further comprising determining
`
`an unintended event has occurred in response to a signal from a sensor measuring one or more
`
`of voltage, current, phase shift, or magnetic flux density of a hardware component.
`
`70.
`
`(Previously Presented) The method of claim 67, further evaluating a signal from a
`
`hardware component of the treatment device and providing at least one maximal treatment
`
`parameter comprising one or more of magnetic flux density, repetition rate, and impulse duration
`
`to an operator in response to one or more treatment parameters set by the operator.
`
`7 l.
`
`(Canceled).
`
`72.
`
`(Previously Presented) The method of claim 67, further comprising applying
`
`radiofrequency waves to the body region, wherein the magnetic field generating device generates
`
`both the time—varying magnetic field and the radiofrequency waves.
`
`73,—82.
`
`(Canceled).
`
`83.
`
`(Currently Amended) A treatment device for toning muscles of a patient using
`
`time—varying magnetic fields, the treatment device comprising:
`
`an applicator held in contact with the patient’ s skin or clothing with a belt, the applicator
`
`housing a magnetic field generating device within a casing;
`
`an energy storage device;
`
`means for discharging energy from the energy storage device to the magnetic field
`
`generating device such that impulses of the time—varying magnetic field are generated, the time—
`
`

`

`Forthcoming supplemental amendment
`U.S. Appln. No. 15/601,719
`(43 870050004)
`
`varying magnetic field having a biphasic shape with a repetition rate in between 1 Hz and 700
`
`Hz, an impulse duration between 3 us to 10000 us, and a maximal value of a magnetic flux
`
`derivative between 500 T/s to 150 kT/s; and
`
`means for cooling the magnetic field generating device by a fluid cooling media,
`
`wherein the applicator includes a visual marker aligned with the magnetic field
`
`generating coil, and wherein the belt and visual marker aid in positioning the applicator in order
`
`to apply the time—varying magnetic field with at least motor—threshold magnetic flux density to a
`
`peripheral neural system innervating at least one muscle of the patient in order to repetitively
`
`contract the at least one muscle within at least one body region such that the at least one muscle
`
`is toned, the body region comprising one of buttocks, or abdomen.
`
`84.
`
`(Previously Presented) The device of claim 83, further comprising:
`
`a high—frequency generator;
`
`a balun transformer; and
`
`means for converting an unbalanced radiofrequency signal to a balanced radiofrequency
`
`signal in order to generate radiofrequency waves wherein the radiofrequency waves are applied
`
`to the body region.
`
`85.
`
`(Previously Presented) The device of claim 84, further comprising a transmatch;
`
`and
`
`means for matching the impedance of the radiofrequency signal.
`
`86.
`
`(Canceled).
`
`87.
`
`(Canceled).
`
`88.
`
`(Previously Presented) The device of claim 83, further comprising:
`
`a sensor configured to measure one or more of voltage, current, phase shift, magnetic flux
`
`density, or temperature, of a hardware component of the device;
`
`means for evaluating a signal from the sensor; and
`
`

`

`Forthcoming supplemental amendment
`U.S. Appln. No. 15/601,719
`(4387.0050004)
`
`means for providing at least one maximal treatment parameter comprising one or more of
`
`magnetic flux density, repetition rate, and impulse duration to an operator such that the magnetic
`
`field generating device does not overheat, wherein the at least one maximal treatment parameter
`
`is based in part on at least another treatment parameter set by the operator.
`
`89.
`
`(Currently Amended) The device of claim 83, further comprising using a signal
`
`from a sensor -- - .
`
`
`determine an unintended event including a hardware error or a metal object within proximity of
`
`the device; and
`
`disabling generating the time—varying magnetic field in the case of determining the
`
`unintended event.
`
`90.
`
`(Previously Presented) The device of claim 89, further comprising a second
`
`applicator housing a second magnetic field generating device, wherein a first time—varying
`
`magnetic field generated by the first magnetic field generating device and a second time—varying
`
`magnetic field generated by the second magnetic field generating device is based in part on the
`
`signal from the sensor.
`
`91. (Currently Amended) A treatment device for toning muscles of a patient using time—
`
`varying magnetic fields, the treatment device comprising:
`
`a first applicator configured to be positioned in contact with the patient’s skin or clothes
`
`in a body region, wherein the first applicator houses a first magnetic field generation device, and
`
`wherein the body region comprises one or more of thighs, buttocks, or abdomen;
`
`a second applicator configured to be positioned in contact with the patient’s skin or
`
`clothes in the body region, wherein the second applicator houses a second magnetic field
`
`generation device;
`
`a[[n]]@ energy storage device configured to be charged by an energy source;
`
`a second energy storage device configured to be charged by the energy source;
`
`

`

`Forthcoming supplemental amendment
`U.S. Appln. No. 15/601,719
`(43 870050004)
`
`means for discharging energy from the fir_stenergy storage device to the first magnetic
`
`field generating device and discharging energy from the second energy storage device to the
`
`second magnetic field generating device, respectively, such that a first time—varying magnetic
`
`field and a second time—varying magnetic field is generated, each of the time—varying magnetic
`
`fields comprising magnetic pulses,
`
`wherein the device is configured to apply[[ing]] bursts of magnetic pulses to muscle
`
`fibers, neuromuscular plate, or nerve innervating the muscle fibers, each burst comprising a first
`
`duration wherein a plurality of subsequent magnetic pulses are generated and a second duration
`
`wherein no magnetic pulses are generated, wherein the treatment duty cycle of the bursts is at
`
`least 10%, wherein the time—varying magnetic fields each comprise a magnetic flux density
`
`between 0.1 T and 7 T, a repetition rate between Hz and 700 Hz, an impulse duration between 3
`
`us and 10000 us, and a maximal value of a magnetic flux derivative between 500 T/s and 150
`
`kT/s.
`
`92. (Previously Presented) The device of claim 91, further comprising means for
`
`determining an unintended event has occurred in response to a signal from a sensor measuring
`
`one or more of voltage, current, phase shift, or magnetic flux density of a hardware component .
`
`93. (Previously Presented) The device of claim 91, further comprising means for
`
`evaluating a signal from a hardware component of the treatment device and providing at least
`
`one maximal treatment parameter comprising one or more of magnetic flux density, repetition
`
`rate, and impulse duration to an operator in response to one or more treatment parameters set by
`
`the operator.
`
`94. (Previously Presented) The device of claim 91, wherein each of the magnetic field
`
`generating devices are configured to generate radiofrequency waves to be applied to the body
`
`region.
`
`

`

`Proposed Examiner’s Amendment
`
`Amendments to the Claims
`
`This listing of claims will replace all prior versions, and listings, of claims in the application.
`
`1—60.
`
`(Canceled).
`
`61.
`
`(Currently Amended) A method for treating a patient—using—a—treatment—devéee,
`
`comprising:
`
`positioning a first applicator having a first magnetic field generating device disposed Within
`
`it, the first applicator being in contact with
`
`.
`
`positioning a second applicator having a second magnetic field generating device disposed
`
`Within it, the second applicator being in contact with the \\\\\\\\\
`
`
`
`securing each applicator at 3 body region of the patient in mutually tilted planes
`
`defined by an angle via a belt;
`
`charging a M energy storage device;[[ and]]
`
`charging a second energy storage device;
`
`discharging energy from the first energy storage device to the first magnetic field generating
`
`device to generate a first time—varying magnetic field;
`
`discharging energy from the second energy storage device to the second magnetic field
`
`generating device to generate a second time—varying magnetic field;
`
`simultaneously applying each of the time—varying magnetic fields to a muscle of the patient
`
`“in order to contract the muscle; and
`
`
`
`
`‘ggnto a temperature in a range of 15° C to —2° Crwherein—the‘
`
`
`
`
`
`62.
`
`(Currently Amended) The method of claim 61, wherein the first and second time—
`
`varying magnetic fields each have a magnetic flux density in a range of 0.5 T and up to 7 T, a
`
`repetition rate in a range of 1 Hz to 700 Hz, an impulse duration in a range of 3 us to 10000 us, and
`
`a maximal value of a magnetic flux derivative in a range oféGG—"Hs 2.5 kT/s to 150 kT/s, and
`
`wherein the body region comprises the patient’s buttocks or abdomen.
`
`

`

`Proposed Examiner’s Amendment
`
`— 2 —
`
`SCHWARZ et al.
`
`Application No. 15/601,719
`
`63.
`
`(Previously Presented) The method of claim 61, further comprising cooling the first
`
`magnetic field generating device with a cooling media.
`
`64.
`
`(Previously Presented) The method of claim 61, further comprising measuring with a
`
`sensor one or more of a voltage, a current, a phase shift, a magnetic flux density, or a temperature;
`
`and
`
`adjusting the first time—varying magnetic field in response to the measurement.
`
`65.
`
`(Currently Amended) The method of claim 61, further comprising determining an
`
`unintended event has occurred based on measurements from a sensor, wherein the unintended event
`
`comprises a hardware error or a metal object being within proximity of the first or second
`
`applicatortreatment—dev—iee.
`
`66.
`
`(Previously Presented) The method of claim 61, wherein the belt is flexible.
`
`67.
`
`(Currently Amended) A method of toning or firming a patient’s muscles using a
`
`treatment device, comprising:
`
`»i;:s:.~~a body regionug; placing an applicator in contact with
`
`
`
`
`
`
`'33:, wherein the applicator houses a magnetic field generation device, and wherein the body
`
`region comprises one or more of thighs, buttocks, or abdomen;
`
`using a belt to maintain the applicator’s position within the body region;
`
`charging an energy storage device via an energy source;
`
`discharging energy from the energy storage device to the magnetic field generating device,
`
`such that a time—varying magnetic field is generated, the time—varying magnetic field comprising
`
`magnetic pulses;
`
`
`applying bursts of “;
`
`‘magnetic pulses to muscle fibers, neuromuscular plates, or nerves
`
`innervating the muscle fibers, each burst comprising a first duration wherein a plurality of
`
`subsequent magnetic pulses are generated in a trapezoidal envelope, and a second duration wherein
`
`no magnetic pulses are generated, wherein the treatment duty cycle of the bursts is at least 10% in
`
`Atty. Dkt. No. 4387.0050004
`
`

`

`Proposed Examiner’s Amendment
`
`— 3 —
`
`SCHWARZ et al.
`
`Application No. 15/601,719
`
`order to achieve toning or firming of the body region of the patient[[;]], wherein the time—varying
`
`magnetic field comprises a magnetic flux density between 0.1 T and 7 T, a repetition rate between 1
`
`Hz and 700 Hz, an impulse duration between 3 us and 10000 us, and a maximal value of a
`
`magnetic flux derivative betweenéGG—Tpls 2.5 kT/s and 150 kT/s.
`
`68.
`
`(Currently Amended) The method of claim 67, wherein the belt further—comprising
`
`comprises a buckle.
`
`69.
`
`(Previously Presented) The method of claim 67, further comprising determining an
`
`unintended event has occurred in response to a signal from a sensor measuring one or more of
`
`voltage, current, phase shift, or magnetic flux density of a hardware component.
`
`70.
`
`(Currently Amended) The method of claim 67, further comprising evaluating a
`
`signal from a hardware component of the treatment device and providing at least one maximal
`
`treatment parameter comprising one or more of magnetic flux density, repetition rate,[[ and]] or
`
`impulse duration to an operator in response to one or more treatment parameters set by the operator.
`
`71.
`
`(Canceled).
`
`72.
`
`(Previously Presented) The method of claim 67,
`
`further comprising applying
`
`radiofrequency waves to the body region, wherein the magnetic field generating device generates
`
`both the time—varying magnetic field and the radiofrequency waves.
`
`73,—82.
`
`(Canceled).
`
`83.
`
`(Currently Amended) A treatment device for toning
`
`
`
`g}{g}‘g§“muscles of a patient
`
`using §__time—varying magnetic fields, the treatment device comprising:
`
`Atty. Dkt. No. 4387.0050004
`
`

`

`Proposed Examiner’s Amendment
`
`— 4 —
`
`SCHWARZ et al.
`
`Application No. 15/601,719
`
` g‘held in contact with an applicator
`
` éfis‘g‘with a belt, the applicator housing a magnetic field generating device within a
`
`an energy storage device;
`
`means for discharging energy from the energy storage device to the magnetic field
`
`generating device such that impulses of the time—varying magnetic field are generated, the time—
`
`varying magnetic field having a biphasic shape with a repetition rate in between 1 Hz and 700 Hz,
`
`an impulse duration between 3 us to 10000 us, and a maximal value of a magnetic flux derivative
`
`betweenéGG—"Hs 2.5 kT/s to 150 kT/s; and
`
`means for cooling the magnetic field generating device by a fluid cooling media,
`
`
`
`eei-l,—an€l—wherein the belt—and—v—isu-a—l—mafleer \
`
`
`
`gswaidgg in positioning the applicator in
`
`order to apply the time—varying magnetic field with at least motor—threshold magnetic flux density
`
`to a peripheral neural system innervating gnat least one muscle of the patient in order to
`
`repetitively contract the at least one muscle within \\\\\\ body region such that the at least
`
`one muscle is toned, the body region comprising one of buttocks; or abdomen.
`
`84.
`
`(Currently Amended) The device of claim 83, further comprising:
`
`a high—frequency generator;
`
`a balun transformer; and
`
`means for converting an unbalanced radiofrequency signal to a balanced radiofrequency
`
`signal in order to generate radiofrequency waves, wherein the radiofrequency waves are
`
`tggfigggnapplied to the body region.
`
`85.
`
`(Previously Presented) The device of claim 84, further comprising a transmatch; and
`
`means for matching the impedance of the radiofrequency signal.
`
`86.
`
`(Canceled).
`
`Atty. Dkt. No. 4387.0050004
`
`

`

`— 5 —
`
`SCHWARZ et al.
`
`Application No. 15/601,719
`
`Proposed Examiner’s Amendment
`
`87.
`
`(Canceled).
`
`88.
`
`(Currently Amended) The device of claim 83, further comprising:
`
`a sensor configured to measure one or more of voltage, current, phase shift, magnetic flux
`
`density, or temperature[[,]] of a hardware component of the device;
`
`means for evaluating a signal from the sensor; and
`
`means for providing at least one maximal treatment parameter comprising one or more of
`
`magnetic flux density, repetition rate, and impulse duration to an operator such that the magnetic
`
`field generating device does not overheat, wherein the at least one maximal treatment parameter is
`
`based in part on at least another treatment parameter set by the operator.
`
`89.
`
`
`
`(Currently Amended) The device of claim 83, further comprising \
`
`
`
` sensor measurmg—a—physieal—q-uantityLof—a ‘ "13a signal from s’
`
`
`
`or—a—magnet—iefl-uaedensi-t—y in orderQ determine an unintended event including a hardware error or a
`
`metal object within proximity of the device; and
`
` 13' \ ‘ E~1generating the time—varying magnetic field in
`
`the case of determining the unintended event.
`
`90.
`
`(Previously Presented) The device of claim 89,
`
`further comprising a second
`
`applicator housing a second magnetic field generating device, wherein a first time—varying magnetic
`
`field generated by the first magnetic field generating device and a second time—varying magnetic
`
`field generated by the second magnetic field generating device is based in part on the signal from
`
`the sensor.
`
`91. (Currently Amended) A treatment device for toning muscles of a patient using time—
`
`varying magnetic fields, the treatment device comprising:
`
`Atty. Dkt. No. 4387.0050004
`
`

`

`Proposed Examiner’s Amendment
`
`— 6 —
`
`SCHWARZ et al.
`
`Application No. 15/601,719
`
`a first applicator configured to be coupled to a body region of the patient, wherein the first
`
`applicator houses a first magnetic field generation device, and wherein the body region comprises
`
`one or more of thighs, buttocks, or abdomen;
`
`a second applicator configured to be coupled to the body region of the patient, wherein the
`
`second applicator houses a second magnetic field generation device;
`
`a @ energy storage device configured to be charged by an energy source;
`
`a second energy storage device configured to be charged by the energy source;
`
`means for discharging energy from the first energy storage device to the first magnetic field
`
`generating device and discharging energy from the second energy storage device to the second
`
`magnetic field generating device, respectively, such that a first time—varying magnetic field and a
`
`second time—varying magnetic field is generated, each of the time—varying magnetic fields
`
`comprising magnetic pulses,
`
`
`wherein the device is configured to apply[[ing]] bursts of
`“magnetic pulses to muscle
`
`fibers, neuromuscular plate§, or nerves; innervating the muscle fibers, each burst comprising a first
`
`duration wherein a plurality of subsequent magnetic pulses are generated and a second duration
`
`wherein no magnetic pulses are generated, wherein the treatment duty cycle of the bursts is at least
`
`10%, wherein the time—varying magnetic fields each comprise a magnetic flux density between 0.1
`
`T and 7 T, a repetition rate between 1_Hz and 700 Hz, an impulse duration between 3 us and 10000
`
`us, and a maximal value of a magnetic flux derivative betweenéGG—Tpls 2.5 kT/s and 150 kT/s.
`
`92. (Previously Presented) The device of claim 91, further comprising means for
`
`determining an unintended event has occurred in response to a signal from a sensor measuring one
`
`or more of voltage, current, phase shift, or magnetic flux density of a hardware component .
`
`93. (Previously Presented) The device of claim 91, further comprising means for evaluating
`
`a signal from a hardware component of the treatment device and Egggj‘providing at least one maximal
`
`treatment parameter comprising one or more of magnetic flux density, repetition rate, and impulse
`
`duration to an operator in response to one or more treatment parameters set by the operator.
`
`Atty. Dkt. No. 4387.0050004
`
`

`

`Proposed Examiner’s Amendment
`
`- 7 -
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`SCHWARZ et al.
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`Application No. 15/601,719
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`94. (Previously Presented) The device of claim 91, wherein each of the magnetic field
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`generating devices are configured to generate radiofrequency waves
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` to be applied to the
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`body
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`region.
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`Atty. Dkt. No. 4387.0050004
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