Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`ELECTRONICALLY FILED
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re:
`
`Patent application of
`Tomas Schwarz etal.
`
`: Group Art Unit:
`:
`3791
`
`Serial No.:=16/034,793 : Confirmation Number:
`
`:
`7136
`
`Filed:
`
`July 13, 2018
`
`: Examiner:
`Samuel Gilbert
`
`For:
`
`Aesthetic Method of Biological
`Structure Treatment by Magnetic Field
`
`: Attorney Docket No.:
`: 206326-0006-01US
`
`SUPPLEMENTAL AMENDMENT
`
`The present Amendment supplements Applicants’ prior responsefiled January 2, 2019.
`
`Nofeeis believed due for the filing of this response. Please charge any other fee thatis
`
`due, and credit any overpayment, to deposit account no. 50-5366.
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`In the Claims:
`
`This listing of claims will replace all prior versions, andlistings, of claims in the
`
`application.
`
`1-30.
`
`(Canceled)
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`31.
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`(Currently Amended) A method for increasing apoptotic index, reducing adiposecells4n
`
`aumberand/ervehune, cellulite treatment, and/or circumferential reduction in a patient using a
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`time-varying magnetic field, comprising:
`
`placing at least one[[a]] magnetic field generating device proximate to a body region of
`
`the patient;
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`
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`eapactanceiaranceofS_nFte-100-mEproviding energy to the at least one magnetic field
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`
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`generating devicehaving-atotalsurfacerangeof5to8000em*in order to generate the-atin-a
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`
`
`
`
`
`
`
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`least one time-varying magnetic field-and-ceneratinethe-time-varyinsmasneticfieldwitha
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`
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`
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`a)applying a winding magnetic fluence of between 60 and 40,000 T-cm?thetime-
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`
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`varyinsmasneticfieldto the body region of abdomen between costae and pelvisthac-erest
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`supertororpubie-bene; or
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`
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`b)applying a winding magnetic fluence of between 60 and 40,000 T-cm?thetime-
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`
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`varyinsmasneticfeldto the body region of a buttock between gluteal sulcus andiliac crest of
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`the patient; or
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`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`
`
`c)applying a winding magnetic fluence of between 60 and 40,000 T-cm?thetime-
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`
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`varyinsmasneticfieldto the body region of thigh between gluteal sulcus and popliteal fossa of
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`the patient;
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`wherein the at least one time-varying magnetic field is applied to the body region a
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`
`
`
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`least+-50-and-with a magnetic flux density sufficient to cause a muscle contraction_in order to
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`cause a contraction of the-amuscle.
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`32.
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`(Currently Amended) The methodof claim 31 further comprising applying the at
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`least one time-varying magnetic field to a muscle, a neuromuscular plate and/or a nerve
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`innervating the muscle in order to cause a repetitive contraction of at least one muscle of a group
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`including:
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`a) rectus abdominis muscle, external oblique muscle, internal oblique muscle and/or
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`transversus abdominis; or——
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`b)
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`gluteus maximus muscle,
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`gluteus medius muscle and/or gluteus minimus muscle; or
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`c)m. quadriceps femoris, m. biceps femoris, m. semimembranosus, m. semitendinosus,
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`tensor fascia latae muscle, vastus lateralis muscle, iliotibial muscle and/or m. triceps surae
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`
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`33.
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`(Currently Amended) The methodof claim 31 further comprising applying the time-
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`varying magnetic field to heamuscle and/or the nerve innervating the muscle in bursts, wherein
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`each burst consists of first and second time periods; wherein thefirst time period consists of a
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`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
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`plurality of subsequent magnetic pulses causing the musete-contraction of the muscle and
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`wherein the muscle relaxes during the second time period.
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`34.
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`(Currently Amended) The method of claim 31 further comprising charging an energy
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`storage device having a capacitance in a range of 5 nF to 100 mF and switching a switching
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`device in order to discharge the energy storage device to the magnetic field generating device;
`
`and
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`applying at least 5000 pulses of the time-varying magnetic field to the body region.
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`35.
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`(Currently Amended) The method of claim [[34]]32 further comprising seneratinethe
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`
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`rangeof2+02004T/s-assembling subsequent magnetic pulses into a burst with a treatment duty
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`cycle of at least 1:50, wherein the burst includes a train lasting at least 25 ms.
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`36. whereinthemagneticfieldceneratine(Currently Amended) The method of claim 31
`
`
`
`
`
`
`
` p-further comprising
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`placing an applicator including the magnetic field generating device in actual contact with a skin
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`of the patient.
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`37.
`
`(Previously Presented) The method of claim 36 wherein the magnetic field generating
`
`device has an inductance in a range of 1 nH to 1 H.
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`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`38.
`
`(Previously Presented) The method of claim 37 further comprising providing a current
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`pulse of at least 250 A to the magnetic field generating device.
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`39.
`
`(Currently Amended) A method for increasing apoptotic index, reducing adiposecells4n
`
`aumberand/orvelume, cellulite treatment, aad/era muscle toning, shaping, er-strengthening
`
`
`effect, and/or a muscle volumeincrease using a time-varying magnetic field applied to a
`
`patient’s muscle comprising:
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`placing a first appheaterineludinea-magnetic field generating device ea-proximate to a
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`body region including a first muscle;
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`placing a second appheaterinehidine-a-magnetic field generating device ea-proximate to
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`a body region including a second muscle wherein the second muscle is a pair or cooperating
`
`
`
`muscle ofthe first muscle-and-whereinthefirstmasneticfieldceneratine device +s-different
`
`
`
`f
`
`ie
`
`field
`
`ine
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`device:
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`providing energy to at least one ofthe first and/or second magnetic field generating
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`devices having an inductance in a range of 1 nH to 1 H in orderto generate the time-varying
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`magnetic field with an impulse duration in a range of 3 to 3000 us; and
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`applying the time-varying magnetic field to the patient’s muscle in the body region
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`including at least one of thigh[[s]], saddlebags, buttock[[s]], abdomen, hips, love handles, torso
`
`and/or arm[[s]] of the patient in at least two trains wherein each of said trains bursts+n-erderto
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`
`
`
`
`
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`subsequentpulses-and--each-said-_burstwherein lasts at least [[10]]4 ms and wherein the-at least
`
`
`
`
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`one train causes the-atleast-ere acontraction of the patient’s muscle and a relaxation of the
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`muscle follows after the contraction of the patient’s muscle.
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`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
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`40.|(Currently Amended) The methodof claim 39 wherein a repetition rate of magnetic
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`pulses ofa first train differs from a repetition rate of magnetic pulses of asecondtrain.
`
`Al.
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`(Currently Amended) The methodof claim 39 further comprising applying the time-
`
`varying magnetic field to the patient and causing incomplete and/or complete tetanus contraction
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`
`
`
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`of the patient’s muscle.theburststethedutycyeleofatleast10%-patientiwith-aburst
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`42.
`
`(Previously Presented) The methodof claim 39 further comprising relaxing the patient’s
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`muscle after the contraction for a period lasting in a range of 1 to 15 seconds.
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`43.
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`(Currently Amended) The method of claim 39 further comprising applyingat least 25
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`bursts-trains to the patient.
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`44.__(Previously Presented) The methodof claim 39 further comprising generating the time-
`
`varying magnetic field with a winding magnetic fluence in a range of 40 to 40000 T-cm/”.
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`45.|(Currently Amended) The methodof claim 39 wherein the magnetic field generating
`
`device wnehide-includes a core area with no winding and-whereinthe-core-areais-in a range of
`
`0.01 to 99 % of a total surface area of the magnetic field generating device.
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`46.
`
`
`
`(Currently Amended) A method for previding-atreatmentincreasingapeptoticindex,
`
`A_body shaping using a
`
`time-varying magnetic field applied to a patient’s muscle comprising:
`
`placing an applicator including a magnetic field generating device in actual contact with a
`
`body region between rib-cage and popliteal fossa of a patient;
`
`attaching the applicator by a length adjustable positioning member;
`
`charging an energy storage device;
`
`switching a switching device;
`
`discharging the energy storage device to the magnetic field generating device in order to
`
`generate the time-varying magnetic field;
`
`applyinggenerating the time-varying magnetic field with a magnetic flux density in a
`
`range of 0.1 to 7 Tesla;
`
`
`
`
`
`applying the time-varying magnetic fieldtethepatentsmusele+withinthebodyresion
`
`and-with a magnetic flux density of a value at least sufficient to cause a musete-contraction of the
`
`patient’s muscle within the body region and/or a nerve innervating the patient’s muscle in order
`
`to cause a repetitive contraction of the patient’s muscle|[,]];and
`
`assembling a plurality of magnetic impulses into a train lasting at least 10 ms;
`
`wherein a time difference between two subsequent magnetic impulses is below 0.999997
`
`|“
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`wherein the train causes at least one contraction of the patient’s muscle;-arnd
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`wherein the train is followed by a second time period when no contraction of the patient’s
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`muscle is caused; and
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`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`
`
`wherein the second time period is longer thana-durattenefenemasnetic_pulse-the time
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`difference between two subsequent magnetic impulses in thetrain.
`
`47.
`
`—_—————
`(Currently Amended) The methodof claim 46 further comprising applying 15 to 25,000
`
`trains to the patient during one treatment.fieldtothepatrentawithathetime-varyine-masnetic
`
`
`
`
`
`
`
`
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`treatmentdutycycle-ofatleast10%-
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`48.
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`(Currently Amended) The methodof claim 47 further comprising applying a plurality of
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`trains to the patient wherein at least two of said trains differ in a repetition rate. 45+e25000
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`vas
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`tothe
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`satient
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`desi
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`|
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`49.
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`(Currently Amended) The method of claim 46 further comprising applyingto the patient
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`at least afirst and second train each havingadifferent repetition rate of the magnetic impulses,
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`an impulse duration, and/or a train duration.
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`50.
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`(Previously Presented) The method of claim 49 further comprising generating the time-
`
`varying magnetic field with a maximal value of a magnetic flux density derivative in a range of
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`300 T/s to 800 kT/s.
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`51.
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`(Currently Amended) The methodof claim 46 further comprising applying a
`
`conventional treatment method.
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`52.
`
`(Currently Amended) The methodof claim 46 further comprising applying a
`
`conventional treatment method to the patient no longer than 1 month before or after the treatment
`
`by time-varying magnetic field.
`
`
`
`53.tissuetreatmentbody shaping via a contraction of a(Currently Amended) A methodfor
`
`
`
`muscle using a plurality of time-varying magnetic fields applied to a patient, comprising:
`
`placing a first applicator including a first magnetic field generating device to the patient;
`
`placing a second applicator including a second magnetic field generating device to the
`
`patient;
`
`mF;
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`charging at least one energy storage device having a capacitance in a range of 5 nF to 100
`
`switching at least one switching device in order to enable discharging the at least one
`
`energy storage device to the first and/or the second magnetic field generating device[[s]] wherein
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`each magnetic field generating device has an inductance in a range of 1 nH to 1 H;
`
`generating a first time-varying magnetic field by the first magnetic field generating
`
`device and generating a second time-varying magnetic field by the second magnetic field
`
`generating device;
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`assembling a plurality of impulses of the time-varying magnetic fields generated by the
`
`first and the second magnetic field generating devices into a plurality of magnetic pulses,
`
`wherein each+mputse-the first time-varying magnetic field and/or the second time-
`
`varying magnetic field has a magnetic flux density in a range of 0.1 to 7 Tesla, a maximal value
`
`of a magnetic flux density derivative in a range of 300 T/s to 800 kT/s, a winding magnetic
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`fluence in a range of 40 to 40000 T-cm?, and
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`wherein each magnetic pulse consists of one impulse of the time-varying magnetic field
`
`lasting for an impulse duration and no time-varying magnetic field lasting for a first time period;
`
`establishing a burst consisting of a second time period and a third time period, wherein
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`the plurality of magnetic pulses is generated during the second time period and wherein the third
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`time period follows after the second time period;
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`applying the bursts to a body region ofthe patient including at least one of thigh,
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`saddlebags, buttock, abdomen,hips, love handle, flanks, bra fat region, torso and/or arm of the
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`patient with a repetition rate in a range of 1 to 700 Hz and with the impulse duration in a range of
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`10 to 3000 us;
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`applying at least 5000 magnetic pulses to the body region;
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`causing the contraction of the muscle during the second time period; and
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`causing no contraction of the muscle during the third time period.
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`54.
`
`(Currently Amended) The method of claim 53 wheretathethirdtneperrodtastsupte20
`
`seconds further comprising applying the bursts to at least one of a rectus abdominis muscle,
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`external oblique muscle, internal oblique muscle and/or transversus abdominis muscle.
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`55,
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`(Currently Amended) The method of claim [[54]]53 further comprising seneratinethe
`
`
`
`applying the bursts to at least one of a gluteus maximus muscle, gluteus medius muscle and/or
`
`gluteus minimus muscle.
`
`-10-
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`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`56.
`
`(Previously Presented) The method of claim 55 further comprising applying to the muscle
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`of the patient 40 to 10000 bursts within one treatment.
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`57.secondtimepertedtastsupte(Currently Amended) The method of claim 53-vhereinthe
`
`
`
`
`
`
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`4+-seconds further comprising applying the bursts to at least one of an m. quadriceps femoris, m.
`
`biceps femoris, m. semimembranosus, m. semitendinosus, tensor fascia latae muscle, vastus
`
`lateralis muscle, iliotibial muscle and/or m. triceps surae.
`
`58.
`
`(Previously Presented) The methodof claim 53 further comprising generating at least ten
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`magnetic impulses during the second time period.
`
`59.
`
`(Currently Amended) The method of claim 53 further comprising-gererating-attleast+we
`
`
`
`
`
`
`
`
`
`
`
`
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`bursts-eachrate-ofthemacnetic-pulsesrepetitionhaving different applying the bursts to at least
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`one of an m. biceps brachialis, m. coracobrachialis, m. deltoideus, m. triceps brachii, m.
`
`anconeus, muscles of forearm, mm. pectorales minors and/or mm. pectorales majors.
`
`60.
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`(Previously Presented) The methodof claim 53 further comprising attaching the first and
`
`the second applicators to the patient by at least one length adjustable positioning member.
`
`-ll-
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`REMARKS
`
`Claims 31-60 are pending in the application. Claims 31-36, 39-41, 43, 45-49, 51-55, 57,
`
`and 59 have been amended herein, and claims 1-30 are canceled.
`
`Amendmentto the Claims
`
`Applicants have amended claim 31 to clarify and rearrange someofthe limitations into
`
`dependent claims. Applicants have removed limitations related to the energy storage device, the
`
`nerve innervating the muscle, and the treatment duty cycle, and have rephrased the alternative
`
`application steps. Finally, Applicants have narrowed the magnetic fluence range to between 60
`and 40,000 Tcm*. Support for this amendment maybefoundatleast in paragraph [0271] of the
`
`application as filed.
`
`Applicants have amended claim 32 to recite a time-varying magnetic field stimulation of
`
`at least one muscle selected from a list of muscle groups. Support for this amendment may be
`
`found at least in paragraphs [0268-0271] and [0276-0279] of the application asfiled.
`
`Applicants have amendedclaim 33 to correct an antecedent basis issue created by the
`
`amendmentof claim 31, and to remove a redundant word.
`
`Applicants have amendedclaim 34 to add the limitations related to the energy storage
`
`device which were removed from claim 31. Support for this amendment may be foundatleast in
`
`claim 1 as originally filed.
`
`Applicants have amendedclaim 35 to depend from claim 32, and to include the burst and
`
`treatment duty cycle limitations removed from claim 31. Applicants have also amended claim
`
`35 to recite a train lasting at least 25 ms. Support for this amendment may be foundatleast in
`
`claim 1, paragraphs [0278-0279], and paragraph [0226] of the application as originally filed.
`
`Applicants have amended claim 36 to recite placing the applicator including the magnetic
`
`field generating device in actual contact with a patient’s skin. Support for this amendment may
`
`be found at least in paragraph [0157] of the application asfiled.
`
`Applicants have amendedclaim 39 to rephrase the preamble, recite that the first and
`
`second applicators are placed proximate to the body regions,clarify that energy is providedto at
`
`least one of the two magnetic field generating devices, and that the time varying magnetic field
`
`includesa train lasting at least 4 ms. Support for this amendment may be foundatleast in
`
`-12-
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`paragraphs[0095], [0203-0204], [0226], [0267-0268], [0270], [0276], [0278], and [0280-0281]
`
`of the application as originally filed.
`
`Applicants have amendedclaim 40 to correct antecedentbasis issues.
`
`Applicants have amended claim 41 to recite that the time-varying magnetic field causes
`
`an incomplete or complete tetanus contraction of the patient’s muscle. Support for this
`
`amendment maybe foundat least in paragraphs [0236] and [0237] of the application as
`
`originally filed.
`
`Applicants have amended claim 43 to recite that the method comprises applyingat least
`
`25 trains, in orderto reflect correct antecedent basis from amended claim 39, from whichit
`
`depends.
`
`Applicants have amended claim 45 to recite that the core area has no winding. Support
`
`for this amendment maybe foundat least in paragraph [0114] of the application as originally
`
`filed.
`
`Applicants have amendedclaim 46 to simplify the preamble and rephrase the application
`
`step. Applicants have also amended claim 46 to recite that the time difference between two
`
`subsequent magnetic impulsesis less than 0.999997 s. Support for this amendment may be
`
`found at least in paragraph [0183] of the application as originally filed, which recites pulse
`
`repetition rates as low as 1 Hz and pulse durationsofaslittle as 3 us. Therefore, the longest time
`
`between magnetic impulsesrecited in paragraph [0183] is 1 s—3 us = 0.999997s.
`
`Applicants have amendedclaim 47 to recite the limitation of prior claim 48. Support for
`
`this amendment may be foundat least in paragraph [0226] of the application as originally filed.
`
`Applicants have amended claim 48 to recite application of multiple trains to the patient,
`
`wherein at least two ofthe trains differ in repetition rate. Support for this amendment may be
`
`found at least in paragraphs [0226-0227] and [0260] of the application as originally filed.
`
`Applicants have amended claim 49to recite that the first and secondtrains differ in
`
`repetition rate, impulse duration, or train duration. Support for this amendment may be found a
`
`least in paragraphs [0226-0227] and [0260] of the application as originally filed.
`
`Applicants have amended claims 51 and 52 to clarify the language of a “conventional
`
`treatment method.” Support may be foundat least in paragraphs [0022], [0028], and [0699] of
`
`the application as originally filed.
`
`-13-
`
`

`

`Supplemental Response to Non-Final Office Action dated October 1, 2018
`U.S. Patent Application No. 16/034,793
`
`Applicants have amendedclaim 53 to recite a method of body shaping,to clarify that the
`
`switching device discharges an energy storage device into at least one of the magnetic field
`
`generating devices, and that at least one of the two time-varying magnetic fields has the flux
`
`characteristics claimed. Finally, Applicants have amended claim 53 to clarify that each pulse
`
`includes an impulse of a time-varying magnetic field, followed by a time interval during which
`
`no time-varying magnetic field is generated.
`
`Applicants have amendedclaims 54-56 and 59 to recite that the bursts are applied to one
`
`of various groups of particular muscles. Support for these amendments maybe foundatleast in
`
`paragraphs[0268-0271] and paragraphs [0276-0280] of the application as originally filed.
`
`No new matter is entered by way of these amendments.
`
`Summary
`
`Applicants thank the Examinerfor his reasoned and efficient consideration of the present
`
`application. Applicants respectfully submit that the arguments presented in the amendmentfiled
`
`January 2, 2019 still apply to the claims as amendedherein, that each rejection of the claims of
`
`the present application has been overcome,and that the claims are now in condition for
`
`allowance. Reconsideration and allowanceof these claimsis respectfully requested.
`
`Respectfully submitted,
`
`TOMAS SCHWARZ,ET AL.
`
`February 6, 2019(PhilipNigon?
`Philip D. Nigon
`Reg. No. 76,620
`Agent for Applicants
`Riverside Law LLP
`Glenhardie Corporate Center
`1285 Drummers Lane, Suite 202
`Wayne, PA 19087
`215-268-3888 (main)
`215-268-3871 (fax)
`610-572-3639 (direct)
`E-Mail: docke
`
`
`-14-
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`