`ges=tiex
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`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`GILBERT, SAMUEL G
`
`3791
`
`DATE MAILED: 04/01/2020
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`16/674,144
`
`11/05/2019
`
`Tomas SCHWARZ
`
`4387.00400G0
`
`9244
`
`TITLE OF INVENTION: AESTHETIC METHOD OF BIOLOGICAL STRUCTURE TREATMENT BY MAGNETIC FIELD
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`(Signature) (Date)
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`16/674,144
`
`11/05/2019
`
`Tomas SCHWARZ
`
`4387.00400G0
`
`9244
`
`TITLE OF INVENTION: AESTHETIC METHOD OF BIOLOGICAL STRUCTURE TREATMENT BY MAGNETIC FIELD
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
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`nonprovisional
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`EXAMINER
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`ART UNIT
`
`CLASS-SUBCLASS
`
`GILBERT, SAMUEL G
`
`3791
`
`600-014000
`
`1. Change of correspondenceaddressor indication of "Fee Address” (37
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`
`(I Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
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`[I "Fee Address" indication (or "Fee Address" Indication form PTO/
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`(A) NAMEOF ASSIGNEE
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`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
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`OMB 0651-0033
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`USS. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
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`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`16/674,144
`
`11/05/2019
`
`Tomas SCHWARZ
`
`4387.00400G0
`
`9244
`
`26111
`
`7590
`
`04/01/2020
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`GILBERT, SAMUEL G
`
`3791
`
`DATE MAILED: 04/01/2020
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
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`The Office has discontinued providing a Patent Term Adjustment (PTA)calculation with the Notice of Allowance.
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`PTOL-85 (Rev. 02/11)
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`

`

`.
`
`.
`
`16/674,144
`
`SCHWARZetal.
`
`SAMUEL G GILBERT
`
`3791
`
`Yes
`
`2.() An election was madebythe applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
`
`3.4} The allowed claim(s) is/are 3-32 . As a result of the allowed claim(s), you maybeeligible to benefit from the Patent Prosecution
`Highwayprogram at a participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`.
`
`4[_) Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) DAI b){JSome=*c) CL) None ofthe:
`
`1. ( Certified copies of the priority documents have been received.
`2. LJ Certified copies of the priority documents have been received in Application No.
`3. (J Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`“ 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.(. CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`() including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin 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).
`
`6.C DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`-- The MAILING DATEof this communication appears on the cover sheet with 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 GRANTOF PATENTRIGHTS.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 telephonic interview of 3/25/2020.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`Primary Examiner, Art Unit 3791
`
`Attachment(s)
`
`1.[¥] Notice of References Cited (PTO-892) 5.4Examiner's Amendment/Comment
`
`2.) Information Disclosure Statements (PTO/SB/08), 6.l¥}Examiner's Statement of Reasonsfor Allowance
`Paper No./Mail Date
`.
`3.) Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4.[¥] Interview Summary (PTO-413),
`Paper No./Mail Date.
`/SAMUEL G GILBERT/
`
`7. CZ Other
`
`.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20200326
`
`

`

`Application/Control Number:16/674, 144
`Art Unit:3791
`
`Page2
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`Regarding the references cited in parent application 16/218,735, the examiner
`
`reviewed the prior art in the same manner assetforth in the signed 1449s of the
`
`application. The lined through references have not been considered for the same
`
`reasons they were not considered previously.
`
`The IDS filed 1/27/2020 has been considered the lined through references have
`
`not been considered. NPL references 025 and 053 have not been considered because
`
`a copy wasnot presentin the current application or 16/218,735. NPL references 003,
`
`005, 011, 017, 022, 031, 034, 057-061, 063-065, 070, 071, 080, 083, 087, 092, 097,
`
`110, 111, 113, 115-117, 119, and 123-126 have been lined through and not considered
`
`because a proper date has not been provided.
`
`EXAMINER'S AMENDMENT
`
`An examiner’s amendmentto the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment maybefiled 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.
`
`

`

`Application/Control Number:16/674,144
`Art Unit:3791
`
`Page3
`
`Authorization for this examiner's amendment wasgiven in an interview with Mr.
`
`lan Soule on 3/25/2020.
`
`The application has been amendedasfollows:
`
`In claim 10 - in line 10, “movable” has been deleted andin its place
`
`--independenitly positionable-- has been inserted and
`
`in line 28, “each magnetic pulse” has been deleted and in its place --each said
`
`magnetic pulse-- has been inserted.
`
`In claim 24 — in line 2, “positioned” has been deleted and in its place --configured
`
`to be positioned-- has been inserted.
`
`Allowable Subject Matter
`
`The following is a statement of reasons for the indication of allowable subject
`
`matter: The prior art does not teach or fairly suggest, regarding claim 1, a device as set
`
`forth including a control device configured to provide first and second time varying
`
`magnetic fields having impulse durations in a range of 3us to 1 ms for the generation of
`
`muscle contractions including the first applicator generatingafirst time-varying
`
`magnetic field having a first pulse sequence, the first pulse sequence comprisingafirst
`
`plurality of pulses having a first pulse repetition rate, a second plurality of pulses having
`
`a second pulserepetition rate, and a third plurality of pulses having a third pulse
`
`repetition rate, the second applicator generates a second time-varying magnetic field
`
`

`

`Application/Control Number:16/674, 144
`Art Unit:3791
`
`Page4
`
`having a second pulse sequence, the second pulse sequence comprising a fourth
`
`plurality of pulses having a fourth pulse repetition rate, a fifth plurality of pulses having a
`
`fifth pulse repetition rate, and a sixth plurality of pulses having a sixth pulse repetition
`
`rate, wherein the first, second, and third pulse repetition rates all differ from one
`
`another, wherein the fourth pulse repetition rate is equalto the first pulse repetition rate,
`
`wherein the fifth pulse repetition rate is equal to the second pulserepetition rate, and
`
`wherein the sixth pulse repetition rate is equal to the third pulse repetition rate, and
`
`wherein the device is configured to apply the first, second, third, fourth, fifth and sixth
`
`pluralities of pulses to the body region to cause muscle contractions.
`
`Regarding claim 10, the prior art does not teach or fairly suggest, first and
`
`second coils having an inductancein a range of 500 nH to 1 mH, first and second
`
`capacitors having a capacitance in a range of 5 nF-100 mF, and a control unit
`
`configured to generate sequential magnetic pulses having a pulse repetition rate ina
`
`range of 1 Hz-300Hz with a magnetic flux density in a range of 0.5T to 7 T to cause a
`
`muscle contraction as setforth.
`
`Regarding claim 18, the prior art does not teach or fairly suggest a system
`
`including first and second switches and capacitors configured to discharge the
`
`capacitors to generated first and second time varying magnetic fields having a repetition
`
`rate in a range of 1 Hz to 80 Hz, an impulse duration in a range of 3 us to 1 ms, a
`
`magnetic flux density in a range of 0.5 Tesla to 7 Tesla at surfaces of each ofthe first
`
`and second magnetic field generating coils, respectively, and a maximalvalue of
`
`magnetic flux density derivative in a range of 2 kT/s to 200 kT/s.
`
`

`

`Application/Control Number:16/674,144
`Art Unit:3791
`
`Page5
`
`Regarding claim 25, the prior art does not teach or fairly suggest a device as
`
`claimed including first and second energy storage devices, first and second magnetic
`
`field generating coils and a control unit configured to generate first and second time
`
`varying magnetic fields first and second time-varying magnetic fields are generated by
`
`the first and second magnetic field generating coils, respectively, wherein each of the
`
`first and second time-varying magnetic fields having a magnetic flux density between
`
`0.5 Tesla and 7 Tesla at a surface of eachofthe first and second magnetic field
`
`generating coils, respectively, an impulse duration in a range of 3 us to 1 ms, anda
`
`maximal value of a magnetic flux density derivative in a range of 1 kT/s to 300 kT/s,
`
`wherein an impulse ofthe first time-varying magnetic field and an impulse of the second
`
`time-varying magnetic field are each sinusoidal and biphasic.
`
`Conclusion
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure. US Patents 5,984,854 and 6,213,933 teach related magnetic
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`stimulation systems.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to SAMUEL G GILBERT whosetelephone number is
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`(571)272-4725. The examiner can normally be reached on MaxiFlex; M-F 8-5.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`

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`Application/Control Number:16/674,144
`Art Unit:3791
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`Page6
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Charles Marmor can be reached on 571-272-4730. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`/SAMUEL G GILBERT/
`Primary Examiner, Art Unit 3791
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`