DETAILED ACTION
Notice of Pre-AIA 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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1,2,3,8-9, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable in view of Oversluizen et al (US 20130131762, hereinafter referred to as Oversluizen) in view of Chen (US20170303845A1) and further in view of Wang et al (CN 108261182 A; hereinafter referred to as Wang) .
Regarding Claim 1, Overluizen discloses a light irradiation device comprising ("The present disclosure relates to bio stimulating phototherapy" [0001]):
at least one first light source configured to emit first light of a wavelength band for treating a target skin ("The devices 21 comprise a first light source 25 for providing light at a first, bio-stimulating, phototherapeutic wavelength" [0054], “The method comprises illuminating a subject's body portion (1) with light having a first wavelength in the range of 600-900 nm (17).” [Abstract], Fig. 3 & 4);
an erythema detector configured to obtain color information of the target skin and including: at least one second light source configured to emit second light to the target skin; and at least one sensor configured to receive the second light passing through the target skin and provide the color information of the target skin ("the sensor may be configured to measure skin color, e.g. comprising a sensor that is capable of determination of more than one optical property of the skin, in particular determination of both melanin and erythema indices." [0031], "The sensor may be configured to determine at least one of the erythema index E and the a* value, allowing to control operation of the first and/or second light source" [0029], ”The second light source is configured to emit light having a second wavelength which is at least one of in the range of 400-600 nm and in the range of 900-2500 nm.” [Abstract]);
wherein the at least one first light source and the erythema detector are mounted on a main body having a surface facing the target skin ("At least a portion of the device is formed to conform to at least part of the subject's body portion, e.g. by comprising a flexible, pliable or generally deformable portion" [0027], Fig. 3-6 21).
and a controller (31) configured to: determine that erythema of the target skin has occurred in response to the color information satisfying a predetermined condition and that no erythema of the target skin has occurred in response to the color information not satisfying the predetermined condition ("the sensor may be configured to measure skin color, e.g. comprising a sensor that is capable of determination of more than one optical property of the skin, in particular determination of both melanin and erythema indices." [0031], "The controller (31) may be configured to switch off the device but preferably it is configured to maintain the temperature, color and/or reflected intensity of at least a portion of the body portion at or below a particular desired value, e.g. by comprising one or more feedback loops." [0034], “The melanin and erythema indices M and E may be measured by devices commonly used in cosmetic industry, e.g. the Skin Pigmentation Analyzer® SPA 99 of CK electronic GmbH, or the DSM II ColorMeter by Cortex Technology, which latter device can return the CIE parameters L*a*b* and the melanin and erythema indices M and E.” [0048], Fig 3. 31)
and wherein the at least one second light source is turned on after the at least one first light source is turned on and the color information of the target skin is obtained after applying the first light to the target skin or during the applying of the first light to the target skin ("The sensor may be configured to determine at least one of the erythema index E and the a* value, allowing to control operation of the first and/or second light source" [0029], ”The second light source is configured to emit light having a second wavelength which is at least one of in the range of 400-600 nm and in the range of 900-2500 nm.” [Abstract], “The controller may be configured, e.g. programmed, to operate the second light source to illuminate the body portion with the second wavelength when the temperature of the body portion increases. Also, the controller may be configured, e.g. programmed, to operate the first light source. E.g., reducing the intensity of the first when the temperature of the body portion increases.” [0028], it is an inherent function of the device to acquire the color information of the target skin after applying the first light, if the first light source is increasing the temperature of the body portion then the second light source turns on after the first light source)
Overluizen does not specifically disclose a controller configured to: compare primary skin information with secondary skin information, the primary skin information obtained without applying the first light to the target skin and the secondary skin information obtained by applying the first light to the target skin, and the order of the light turning on and off the light source (as recited in the claim “at least one first light source to maintain an irradiation of the at least one first light source in response to a result of a determination indicating that no erythema has occurred and to turn off the at least one first light source in response to the result of the determination indicating an occurrence of erythema”) nor does Overluizen specifically disclose that the surface including a rail provided on the surface, wherein the rail is disposed along and across the surface and configured to provide multiple movement paths for the erythema detector by dividing the surface into multiple areas, and the at least one sensor and the at least one second light source are disposed to be movable along the multiple movement path.
However, in the similar field of endeavor, Chen teaches a method for detecting a minimal erythema dose [Abstract]
Chen also teaches a controller configured to: compare primary skin information with secondary skin information, the primary skin information obtained without applying the first light to the target skin and the secondary skin information obtained by applying the first light to the target skin (“The step S20 is to obtain a predetermined minimal erythema dose and a predetermined erythema generation index according to the pigment index. In this embodiment, the detecting apparatus 1 has a look-up table containing the pigment indexes, predetermined minimal erythema doses and predetermined erythema generation indexes. The look-up table can be stored in the storage unit 14 or the firmware of the detecting apparatus 1. The following table shows an example of the look-up table.” [0040], “The step S40 is to detect a redness situation of a skin area of the body by a first time to obtain a first redness index. The first redness index represents the redness index of the skin of the user before exposing to the sunlight (UV light source)” [0044], “The step S60 is to detect a redness situation of the skin area of the body by a second time, after the skin area is irradiated by the UV light from the UV light source, to obtain a second redness index. The second redness index represents the redness index of the skin of the user after exposing to the sunlight (UV light source)” [0048], “The step S70 is to obtain a first time value if a difference between the first redness index and the second redness index is larger than or equal to the predetermined erythema generation index. Herein, the first time value is the time between the first and second detecting steps. To perform the step S70, the processing unit 13 of the detecting apparatus 1 retrieves the first and second redness indexes and then compares the first and second redness indexes. As mentioned above, the term “predetermined erythema generation index” is a maximum variation value of the skin redness situation without having sunburn under the irradiation of the sunlight (UV light). Accordingly, if the difference between the first redness index and the second redness index is larger than or equal to the predetermined erythema generation index, it means that the skin area of the body already has sunburn.” [0049-0050]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen as outlined above with the at least one sensor disposed movable with a controller configured to: compare primary skin information with secondary skin information, the primary skin information obtained without applying the first light to the target skin and the secondary skin information obtained by applying the first light to the target skin as taught by Chen, because it increases the accuracy of the following calculated minimal erythema dose [0042].
Chen does not specifically teach that the surface including a rail provided on the surface, wherein the rail is disposed along and across the surface and configured to provide multiple movement paths for the erythema detector to reach a plurality of distinct measurement zones distributed across a length and a width of the surface, thereby dividing the surface into multiple areas, and the at least one sensor and the at least one second light source are disposed to be movable along the multiple movement path.
However, in a similar field of endeavor, Wang teaches a human face skin mechanical property testing device [Abstract].
Wang also teaches that the surface including a rail provided on the surface, wherein the rail is disposed along and across the surface and configured to provide multiple movement paths for the erythema detector to reach a plurality of distinct measurement zones distributed across a length and a width of the surface, thereby dividing the surface into multiple areas, and the at least one sensor and the at least one second light source are disposed to be movable along the multiple movement path (“The three-dimensional mobile platform includes a head and a driving device, and the driving device includes a motor, a screw, a slide rail, etc. to move the head along three directions of x, y, and z, and the probe is arranged on the The middle part of the front end of the head is used to load the facial skin, the front end of the probe is a circular opening, and the first image sensor is located inside the front end of the probe and in the front opening of the probe to observe the surface of the facial skin” [Pg. 3]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen as outlined above with the surface including a rail provided on the surface, wherein the rail is disposed along and across the surface and configured to provide multiple movement paths for the erythema detector to reach a plurality of distinct measurement zones distributed across a length and a width of the surface, thereby dividing the surface into multiple areas, and the at least one sensor and the at least one second light source are disposed to be movable along the multiple movement path as taught by Wang, because the device can accurately control the position of the probe end in x, y, z in real time [Pg. 3].
Wang does not specifically teach that the order of the light turning on and off the light source (as recited in the claim “at least one first light source to maintain an irradiation of the at least one first light source in response to a result of a determination indicating that no erythema has occurred and to turn off the at least one first light source in response to the result of the determination indicating an occurrence of erythema”)
However, Overluizen does teach that the sensor may be configured to determine at least one of the erythema index E and the a* value, allowing to control operation of the first and/or second light source as a function of the redness of skin [erythema] signaling vasodilatation and/or otherwise increased blood perfusion [0029], the erythema index E is a measure of the redness of the skin [0047], and Illumination with light in the blue part of the second wavelength range, 400-500 nm, has the added benefit of causing nitric oxide formation in the skin, which assists vasodilatation but which also is believed to reduce inflammation [0014].
Overluizen also teaches illuminating a subject's body portion with light [Abstract] and that light in the first wavelength penetrates deep into the skin of a mammalian (in particular human) body portion and is absorbed in the dermis and hypodermic layers [0007].
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen and further in view of Wang as outlined above with at least one first light source to maintain an irradiation of the at least one first light source in response to a result of a determination indicating that no erythema has occurred and to turn off the at least one first light source in response to the result of the determination indicating an occurrence of erythema, because it would be obvious for the controller to maintain irradiation to determine erythema and subsequently turn off once erythema has been detected since that is the inherent function of the invention.
Regarding Claim 2, Overluizen discloses that the second light is light corresponding to a wavelength band of visible light ("The first light source 25 is configured to emit light with a wavelength of approx. 820 nm and the second light source 26 is configured to emit light with a wavelength of approx. 500 nm" [0064], Fig. 3 & 6).
Regarding Claim 3, Overluizen discloses that the at least one sensor detects the second light reflected, scattered, or dispersed by the target skin ("The light of the different wavelengths is scattered within the light guide 37, possibly being reflected by an optional reflector 43, to be emitted substantially homogeneously from the light guide 37 via second end 41 (see the open white arrows). The patch 21 comprises a first sensor 29 and a second sensor 30. The first sensor may be a skin color sensor and the second sensor 30 may be an optical thermometer." [0064]).
Regarding Claim 5, Overluizen discloses that the color information includes is color coordinate values in a CIE LAB color space that is defined by CIE (International Lighting Commission), the color coordinate values including L* representing lightness, a* relating to red-green, and b* relating to yellow-blue ("Skin color and changes therein may be the consequence of, and thus may signal, vasodilatation, changes in blood flow and/or oxygenation, etc. Skin color may be measured and quantified using one or more parameters. Suitable parameters are provided by the melanin and erythema indices and by the L*a*b*-system of the Commission International d'Eclairage (CIE)." [0022]).
Regarding Claim 7, Overluizen does not specifically disclose that the controller further includes a comparator comparing a change rate between a predetermined skin color and a skin color of the target skin detected from the at least one sensor to determine whether erythema has occurred or not.
However in the similar field of detecting erythema in a target skin, Chen teaches that the controller further includes a comparator comparing a change rate between a predetermined skin color and a skin color of the target skin detected from the at least one sensor to determine whether erythema has occurred or not (“The step S20 is to obtain a predetermined minimal erythema dose and a predetermined erythema generation index according to the pigment index. In this embodiment, the detecting apparatus 1 has a look-up table containing the pigment indexes, predetermined minimal erythema doses and predetermined erythema generation indexes. The look-up table can be stored in the storage unit 14 or the firmware of the detecting apparatus 1. The following table shows an example of the look-up table.” [0040], “The step S40 is to detect a redness situation of a skin area of the body by a first time to obtain a first redness index. The first redness index represents the redness index of the skin of the user before exposing to the sunlight (UV light source)” [0044], “The step S60 is to detect a redness situation of the skin area of the body by a second time, after the skin area is irradiated by the UV light from the UV light source, to obtain a second redness index. The second redness index represents the redness index of the skin of the user after exposing to the sunlight (UV light source)” [0048], “The step S70 is to obtain a first time value if a difference between the first redness index and the second redness index is larger than or equal to the predetermined erythema generation index. Herein, the first time value is the time between the first and second detecting steps. To perform the step S70, the processing unit 13 of the detecting apparatus 1 retrieves the first and second redness indexes and then compares the first and second redness indexes. As mentioned above, the term “predetermined erythema generation index” is a maximum variation value of the skin redness situation without having sunburn under the irradiation of the sunlight (UV light). Accordingly, if the difference between the first redness index and the second redness index is larger than or equal to the predetermined erythema generation index, it means that the skin area of the body already has sunburn.” [0049-0050]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen as outlined above with the controller further includes a comparator comparing a change rate between a predetermined skin color and a skin color of the target skin detected from the at least one sensor to determine whether erythema has occurred or not as taught by Chen, because it increases the accuracy of the following calculated minimal erythema dose [0042].
Regarding Claim 8, Overluizen discloses that the sensor includes a CCD (charge-coupled device), a CMOS (complementary metal oxide semiconductor image sensor image sensor), or a photodiode ("In an embodiment, a sensor, e.g. a photodiode, is integrated in the device to measure the skin reflectance and/or absorbance of a user." [0061]).
Regarding Claim 9, Overluizen discloses that the erythema detector further includes a temperature sensor which measures a temperature of the target skin ("In the device, the sensor may comprise a thermal sensor to detect and/or monitor temperature of (the skin of) the body portion." [0028]).
Regarding Claim 11, Overluizen discloses that the temperature sensor includes a contact sensor which is directly contact with the skin to measure the temperature of the target skin ("The temperature may be measured with any suitable thermometer, e.g. a contact thermometer, an optical thermometer and/or an invasive thermometer such as an intradermic or hypodermic thermometer." [0021]).
Regarding Claim 12, Overluizen discloses the at least one first light source and the erythema detector are mounted on the main body, and wherein the main body has flexibility ("At least a portion of the device is formed to conform to at least part of the subject's body portion, e.g. by comprising a flexible, pliable or generally deformable portion" [0027], Fig. 3-6 21.
Regarding Claim 13, Overluizen discloses all limitations noted above except that the at least one first light source is configured to apply the first light to a first region of the target skin and at least one second light source or the at least one sensor is movable in the first region.
However, in a similar field of endeavor, Wang teaches the at least one first light source is configured to apply the first light to a first region of the target skin and at least one second light source or the at least one sensor is movable in the first region (“the three-dimensional moving table comprises a head and a driving device, the driving device comprises a motor, a screw rod, a sliding rail and so on to make said head move along three directions of the x, y, z, the probe is set at the middle of the front end of the head to the face skin is loaded, front end of said probe is a circular opening, said first image sensor is located in the probe front end from the front end opening of the probe to observe the facial skin surface” [Pg. 3]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen as outlined above with at least one first light source is configured to apply the first light to a first region of the target skin and at least one second light source or the at least one sensor is movable in the first region as taught by Wang, because the device can accurately control the position of the probe end in x, y, z in real time [Pg. 3].
Claims 6 are rejected under 35 U.S.C. 103 as being unpatentable over Oversluizen in view of Chen and further in view of Wang as applied to Claim 1 above, and further in view of Pantelopoulos et al (US 20170209055, hereinafter referred to as Pantelopoulos).
Regarding Claim 6, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that the controller is further configured to: pre-set virtual skin color measurement sheets depending on a type of external lighting, additionally correct a value due to a difference in the skin color measurement sheets due to the difference in the type of external lighting.
However in the similar field of biometric tracking, Pantelopoulos teaches a biometric device (“In some implementations, the biometric monitoring device further includes one or more sensors selected from the group consisting of a temperature sensor, a strain sensor, and a pressure sensor.” [0014])
wherein the controller is further configured to: pre-set virtual skin color measurement sheets depending on a type of external lighting, additionally correct a value due to a difference in the skin color measurement sheets due to the difference in the type of external lighting, and then derive and compare the change rate between the skin color of the skin detected before the first light is applied and the skin color of the skin detected after the first light is applied, to determine whether erythema occurs or not ("This signal may be set to a default value in the factory, to a value based on the user's specific skin reflectivity, absorption, and/or color, and/or may change depending on feedback from an ambient light sensor, or depending on analytics of the PPG signal itself." [0224], “ biometric monitoring device, in some embodiments, may include optical sensors to track or detect time and duration of ultraviolet light exposure, total outdoor light exposure, the type of light source and duration and intensity of that light source (fluorescent light exposure, incandescent bulb light exposure, halogen, etc.), [0234].)
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of in view of Chen and further in view of Wang as outlined above with the controller being further configured to: pre-set virtual skin color measurement sheets depending on a type of external lighting, additionally correct a value due to a difference in the skin color measurement sheets due to the difference in the type of external lighting, and then derive and compare the change rate between the skin color of the skin detected before the first light is applied and the skin color of the skin detected after the first light is applied, to determine whether erythema occurs or not as taught by Pantelopoulos because; it may avoid or minimize saturation from bright ambient light and/or bright emitted light [0226].
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Oversluizen in view of Chen and further in view of Wang as applied to Claim 9 above, and further in view of Tversky et al (US 20170245792, hereinafter referred to as Tversky)
Regarding Claim 10, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that the temperature sensor includes an infrared sensor.
However in the similar field of detecting erythema in a target skin area, Tversky teaches a device wherein the temperature sensor includes an infrared sensor (“In some embodiments, the device can include a thermal imaging camera for detection of a flare (e.g., an erythematous area on the skin of the patient)” [0017], “In some embodiments, the device can include a thermal infrared detector at least partially disposed within the housing.” [0010]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen and further in view of Wang as outlined above with the temperature sensor including an infrared sensor as taught by Tversky, because a need exists for automated devices for accurately determining patient flare ups [0006].
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Oversluizen in view of Chen and further in view of Wang as applied to Claim 1 above, and further in view of Gertner et al (US 20060167531, hereinafter referred to as Gertner).
Regarding Claim 15, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that that the first light is a light of a blue wavelength band.
However in the similar field of using light wavelengths to treat a target skin region, Gertner teaches an optical therapy device for providing therapeutic light [Abstract]
wherein the first light is a light of a blue wavelength band ("In some embodiments, blue light (e.g., 400-450 mm) or a combination of blue light and long wavelength UVA (e.g., 375-450 nm) is used to treat tissue." [0104]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen and further in view of Wang as outlined above with the first light being a light of a blue wavelength band as taught by Gertner, because light therapies have been proven to improve patient skin condition [0006-0007].
Regarding Claim 16, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that the first light is a light of a red to infrared wavelength band.
However in the similar field of using light wavelengths to treat a target skin region, Gertner teaches an optical therapy device for providing therapeutic light [Abstract]
wherein the first light is a light of a red to infrared wavelength band ("Finally, in yet another embodiment, the light source 126 emits light within the infrared spectrum, in combination with white light and/or ultraviolet light, or by itself." [0099]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen and further in view of Wang as outlined above with the first light being a light of a red to infrared wavelength band as taught by Gertner, because light therapies have been proven to improve patient skin condition [0006-0007].
Regarding Claim 17, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that the first light is a light of an ultraviolet wavelength band.
However in the similar field of using light wavelengths to treat a target skin region, Gertner teaches an optical therapy device for providing therapeutic light [Abstract]
wherein the first light is a light of an ultraviolet wavelength band ("The light source 126 is generally adapted to emit light with at least some wavelengths in the ultraviolet spectrum, including the portions of the ultraviolet spectrum known to those of skill in the art as the UVA (or UV-A), UVA.sub.1, UVA.sub.2, the UVB (or UV-B) and the UVC (or UV-C) portions." [0099]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of in view of Chen and further in view of Wang as outlined above with the first light being a light of an ultraviolet wavelength band as taught by Gertner, because light therapies have been proven to improve patient skin condition [0006-0007].
Regarding Claim 18, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that the first light is a light in which at least two wavelength bands of ultraviolet, visible and infrared wavelength bands are combined.
However in the similar field of using light wavelengths to treat a target skin region, Gertner teaches an optical therapy device for providing therapeutic light [Abstract]
wherein the first light is a light in which at least two wavelength bands of ultraviolet, visible and infrared wavelength bands are combined ("In another embodiment of the current invention, light source 126 emits light in the visible spectrum in combination with ultraviolet light or by itself. Finally, in yet another embodiment, the light source 126 emits light within the infrared spectrum, in combination with white light and/or ultraviolet light, or by itself." [0099]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen and further in view of Wang as outlined above with the first light being a light in which at least two wavelength bands of ultraviolet, visible and infrared wavelength bands are combined as taught by Gertner, because light therapies have been proven to improve patient skin condition [0006-0007].
Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Oversluizen in view of Chen and further in view of Wang as applied to Claim 1 above, and further in view of Yamakawa et al (US 20180139817, hereinafter referred to as Yamakawa)
Regarding Claim 19, Overluizen in view of Chen and further in view of Wang teaches all limitations noted above except that the at least one second light source has a wavelength band of about 380 nm to about 780 nm, has an area of about 55% or more of an area of a normalized solar spectrum within a range of about 2,600K to about 7,000K.
However in the similar field of emitting light sources, Yamakawa teaches a white light source system (“The present invention relates to a white light source and a white light source system for use in illumination” [0002]).
wherein that the second light source has a wavelength band of about 380 nm to about 780 nm, has an area of about 55% or more of an area of a normalized solar spectrum within a range of about 2,600K to about 7,000K represented by the following equation
PNG
media_image1.png
40
333
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Greyscale
("A white light source of the present invention aims at more accurately reproducing light of the sun. In order to achieve accurate reproduction, it is necessary to exactly grasp light emission spectra of sunlight which varies from time to time, and varies from place to place. Of such variations, a variation due to a difference in latitude or longitude of the earth occurs because the distance of passage of sunlight traveling through the atmosphere on the surface of the earth varies depending on the difference of the incidence angle of the sunlight. Specifically, when sunlight passes through the atmospheric air, the sunlight is scattered by gas molecules, etc. floating in the air, and a difference occurs in the degree of scattering of blue light or the like due to the distance of passage. Such a variation of sunlight can be macroscopically grasped as a difference in color temperature. In this case, light emission spectra of sunlights with different color temperatures can be approximated by blackbody radiation spectra of the corresponding color temperatures. By the equation described below, various light emission spectra with different color temperatures can relatively easily be reproduced. In the equation, h denotes a Planck's constant, k denotes a Boltzmann's constant, c denotes the speed of light, and e denotes a base of natural logarithm, and these values are fixed at constant numerical values. Thus, if a color temperature T is determined, a spectral distribution B(λ) corresponding to each wavelength λ can easily be calculated." [0119], Equation 6 [00006])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the device of Overluizen in view of Chen and further in view of Wang as outlined above with the second light source having a wavelength band of about 380 nm to about 780 nm, has an area of about 55% or more of an area of a normalized solar spectrum within a range of about 2,600K to about 7,000K as taught by Yamakawa, because with remarkable enhancement in performance in step with the increasing popularity of LED products in the market, various improvements have been made to combinations of LEDs and phosphors [0006]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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