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 .
Priority
The instant application (filed on 02/21/2022) is a non-provisional application filed under 35 USC 111(a). The applicant has not claimed domestic or foreign priority, so the effective filing date is 02/21/2022 for Claims 1-10. All prior art will be evaluated with respect to this date.
Claim Objections
Claim 4 is objected to because of the use of numbering with “panel 15.” While permissible to use reference numbers after a named element, no other disclosed element or any other instance of the element “panel” is defined using a reference number in the claims. Given this, “panel 15” could possibly be interpreted as being distinct from other instances of the “panel” by the reader. A more consistent representation of the panel without the corresponding number may promote improved understanding.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-7 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6: The limitation “the light-permeable cover comprises the panel in a light-permeable manner” renders claim 6 indefinite because the meaning of the panel being a component (“comprises”) of the light permeable cover is unclear. The examiner is interpreting the limitation as establishing the light permeable cover can cover the panel in a light permeable manner. The meaning of “comprises” in establishing the relationship between the light-permeable cover and panel would help clarify the claim.
Claim 10: A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 10 recites the broad recitation “the LED comprises a wavelength between 415 ± 10 nm and 830 ± 10 nm” with error ranges, and the claim also recites a range of 415-830 nm, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 7 is rejected due to its dependency on a rejected claim.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-10 are rejected under U.S.C 103 as being unpatentable over Zhang (US PG Pub 2008/ 0065176 A1, see “Notices of References Cited”) in view of Liu (TW M537481U, see “Notices of References Cited”) and Ezaki (JP 2016006748 A, see “Notices of References Cited”). Note a machine translation via Espacenet (https://worldwide.espacenet.com) was used to interpret the disclosure in Ezaki (JP 2016006748 A - see attached for copy of the Specification translation). Note a machine translation via Innovation Q+ (https://ip.com) was used to interpret the disclosure in Liu (TW M537481U - see attached for copy of the Specification translation).
Regarding Claim 1, Zhang discloses a light therapy device ([0008]), incorporated with a negative-pressure cup (Figure 1, [0027] – a cup structure (represented as the black structure) housing the device elements, [0008] – contains a vacuum element applied to skin), the light therapy device comprising:
• a carrier (the elements in Figure 5 are contained within a carrier structure within the negative pressure cup structure), disposed in the negative-pressure cup and comprising a panel (Figure 5, [0032] – a panel is composed in the boundary between the carrier and space 103);
• a light therapy assembly, disposed in the carrier (Figure 3, [0029] – the LED head assembly 101 containing the LED array is positioned on the inside boundary of the carrier)
•a negative ion assembly, disposed in the carrier (Figure 5, ([0032]) – the negative ion generator is disposed within a chamber in the carrier), comprising a releasing needle (a releasing needle structure is shown in Figure 5 ([0032]) as the generator) to release negative ions;
• a shielded releasing needle (Figure 5, [0032] – the needle is shielded in a chamber within the carrier).
Zhang does not disclose (1) the releasing needle projecting out from the panel or (2) a needle protection cap, covering the panel corresponding to the releasing needle to shield the releasing needle.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches an orientation of releasing needle which is facing the patient surface and is placed through a panel, i.e. the inner surface of the carrier (Figure 1, [Attached Machine Translation: Page 1, Lines 22-28] – “An 22 negative ion generator is disposed inside the cup-shaped housing, the negative ion generator 23 includes a negative ion generator housing, and the negative ion generator housing is internally 24 provided with a negative ion emitting end connected by a wire and a transmitting end driving 25 module The negative ion generator housing is provided with a negative ion emitting hole, and the 26 negative ion emitting end extends through the negative ion emitting hole to extend outside the 27 negative ion generator housing”). Zhang uses the vacuum flow to carry the negative ions from the releasing needle to space 103 where it interacts with the user ([0032]). However, Liu’s positioning of the needle allows for more direct negative ion generation within space 103.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating the releasing needle placement in the carrier in Liu. This would have been obvious because both Zhang and Liu discuss providing negative ions within a vacuum cup and Zhang provides a solution/improvement to allow for more direct application of negative ions by placing the releasing needle within the space containing the user’s tissue. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the releasing needle placement in the carrier in Liu.
Ezaki, in the same field of endeavor of providing negative ion generation, teaches a protective cover is placed over the discharge electrodes (equivalent to the releasing needle) when the discharge electrode is placed past a panel into an open area accessible by a user to prevent user injury or needle damage ([0030] – “Alternatively, the discharge electrodes 31, 32 may extend to the outside of the housing 10 by penetrating the through holes 11, 12, respectively. In this case, in order to improve safety, a protective cover may be provided to prevent the tips of the discharge electrodes 31, 32 from being directly touched”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating a protective cover when the releasing needle is exposed to potential contact with the user or elements which would damage the needle in Ezaki. This would have been obvious because both Zhang and Ezaki discuss generating negative ions and Ezaki provides a solution/improvement to provide a protective cover to prevent injury from or damage to the releasing needle. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the protective cover when the releasing needle is exposed in Ezaki.
Therefore, Claim 1 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 2, the light therapy device according to Claim 1 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses a releasing needle (a releasing needle structure is shown in Figure 5 ([0032]) as the generator) attached to the carrier of a vacuum cup structure. Zhang does not disclose a needle receiving recess is concavely defined on the panel, a bottom plate is disposed in the needle receiving recess, the negative ion assembly comprises a negative ion releasing head disposed on the panel and comprising the releasing needle, the releasing needle is inserted in the needle receiving recess through the bottom plate, and the needle protection cap covers the panel corresponding to the needle receiving recess.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches an orientation of releasing needle which is facing the patient surface and is placed through the panel (Figure 1, [Attached Machine Translation: Page 1, Lines 22-28]). The releasing needle is placed in a concave negative ion emission hole within the carrier structure where the releasing needle tip or head protrudes from the inner surface (panel) via the negative ion emission hole [Attached Machine Translation: Page 3, Lines 1-10]). The bottom plate is interpreted as the connection within the emission hole that allows the releasing needle to be attached to the carrier (as seen in Figure 1 within the negative ion emission hole).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating the releasing needle placement in the carrier in Liu. This would have been obvious because both Zhang and Liu discuss providing negative ions within a vacuum cup and Zhang provides a solution/improvement to allow for more direct application of negative ions by placing the releasing needle within the space containing the user’s tissue. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the releasing needle placement in the carrier in Liu.
Ezaki, in the same field of endeavor of providing negative ion generation, teaches a protective cover is placed over the discharge electrodes (equivalent to the releasing needle) when the discharge electrode is placed past a panel into an open area accessible by a user to prevent user injury or needle damage ([0030]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating a protective cover when the releasing needle is exposed to potential contact with the user or elements which would damage the needle in Ezaki. This would have been obvious because both Zhang and Ezaki discuss generating negative ions and Ezaki provides a solution/improvement to provide a protective cover to prevent injury from or damage to the releasing needle. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the protective cover when the releasing needle is exposed in Ezaki.
Therefore, Claim 2 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 3, the light therapy device according to Claim 2 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses a releasing needle (a releasing needle structure is shown in Figure 5 ([0032]) as the generator) attached to the carrier of a vacuum cup structure. Zhang does not disclose wherein a cap receiving recess is concavely defined on the panel, the bottom plate in the needle receiving recess is defined as a first bottom plate, a second bottom plate is disposed in the cap receiving recess, the needle receiving recess is concavely defined on the second bottom plate, and the needle protection cap is assembled in the cap receiving recess.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches an orientation of releasing needle which is facing the patient surface and is placed through a panel (Figure 1, [Attached Machine Translation: Page 1, Lines 22-28]). The releasing needle is placed in a concave negative ion emission hole within a carrier structure where the releasing needle tip or head protrudes from the inner surface (panel) via the negative ion emission hole ([Attached Machine Translation: Page 3, Lines 1-10]). The bottom plate is interpreted as the connection within the emission hole that allows the releasing needle to be attached to the carrier (as seen in Figure 1). The second bottom plate is defined by the panel through which the releasing needle protrudes. This creates a needle receiving recess and receiving cavity as seen in Figure 1 around releasing needle 114. The cap receiving recess is positioned around the protruding section of the releasing needle. With this configuration applied to Zhang’s apparatus, the releasing needle would project through a panel (either the inner surface of the carrier or LED head assembly), thereby allowing the recess to pass through a channel in the panel.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating the releasing needle placement in the carrier in Liu. This would have been obvious because both Zhang and Liu discuss providing negative ions within a vacuum cup and Zhang provides a solution/improvement to allow for more direct application of negative ions by placing the releasing needle within the space containing the user’s tissue. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the releasing needle placement in the carrier in Liu.
Ezaki, in the same field of endeavor of providing negative ion generation, teaches a protective cover is placed over the discharge electrodes (equivalent to the releasing needle) when the discharge electrode is placed past a panel into an open area accessible by a user to prevent user injury or needle damage ([0030]), which would occupy the space around the exposed releasing needle tip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating a protective cover when the releasing needle is exposed to potential contact with the user or elements which would damage the needle in Ezaki. This would have been obvious because both Zhang and Ezaki discuss generating negative ions and Ezaki provides a solution/improvement to provide a protective cover to prevent injury from or damage to the releasing needle. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the protective cover when the releasing needle is exposed in Ezaki.
Therefore, Claim 3 is obvious over Zhang in view of Liu and Ezaki
Regarding Claim 4, the light therapy device according to Claim 2 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses a panel comprises an inner side and an outer side opposite to each other (Figure 2, [0028] – LED head assembly 101 has two sides which creates a gap bet between the LED head assembly and inner surface panel as seen in Figure 5 and [0032]). Zhang does not disclose the needle receiving recess and a receiving cavity are concavely defined on the panel from the outer side toward the inner side, the receiving cavity and the needle receiving recess are separated by the bottom plate, and the negative ion releasing head is disposed in the receiving cavity.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches an orientation of releasing needle which is facing the patient surface and is placed through the panel (Figure 1, [Attached Machine Translation: Page 1, Lines 22-28]). The releasing needle is placed in a concave negative ion emission hole within the carrier structure where the releasing needle tip or head protrudes from the inner surface (panel) via the negative ion emission hole ([Attached Machine Translation: Page 3, Lines 1-10]). The bottom plate is interpreted as the connection within the emission hole that allows the releasing needle to be attached to the carrier (as seen in Figure 1). This creates a needle receiving recess and receiving cavity as seen in Figure 1 around releasing needle 114. With this configuration applied to Zhang’s apparatus, the releasing needle would project through a panel (either the inner surface of the carrier or LED head assembly), thereby allowing the recess to pass through a channel in the panel.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating the releasing needle placement in the carrier in Liu. This would have been obvious because both Zhang and Liu discuss providing negative ions within a vacuum cup and Zhang provides a solution/improvement to allow for more direct application of negative ions by placing the releasing needle within the space containing the user’s tissue. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the releasing needle placement in the carrier in Liu.
Therefore, Claim 4 is obvious over Zhang in view of Liu and Ezaki
Regarding Claim 5, the light therapy device according to Claim 2 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses a releasing needle (a releasing needle structure is shown in Figure 5 ([0032]) as the generator) attached to the carrier of a vacuum cup structure. Zhang does not disclose wherein the panel comprises a post extended toward an inward direction of the carrier, a receiving cavity and the needle receiving recess are defined in the post, the receiving cavity and the needle receiving recess are separated by the bottom plate, and the negative ion releasing head is disposed in the receiving cavity.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches an orientation of releasing needle which is facing the patient surface and is placed through the panel (Figure 1, [Attached Machine Translation: Page 1, Lines 22-28]). The releasing needle is placed in a concave negative ion emission hole within the carrier structure where the releasing needle tip or head protrudes from the inner surface (panel) of the carrier via the negative ion emission hole ([Attached Machine Translation: Page 3, Lines 1-10]). The bottom plate is interpreted as the connection within the emission hole that allows the releasing needle to be attached to the carrier (as seen in Figure 1). This creates a post defining the needle receiving recess and receiving cavity as seen in Figure 1 around releasing needle 114.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating the releasing needle placement in the carrier in Liu. This would have been obvious because both Zhang and Liu discuss providing negative ions within a vacuum cup and Zhang provides a solution/improvement to allow for more direct application of negative ions by placing the releasing needle within the space containing the user’s tissue. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the releasing needle placement in the carrier in Liu.
Therefore, Claim 5 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 6, the light therapy device according to Claim 1 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang further discloses wherein the carrier comprises a light-permeable cover (101), the light-permeable cover comprises the panel in a light-permeable manner, and the light therapy assembly faces the panel to emit light ([0029] – the LED head assembly 101 contains many light emitting elements which are positioned to shine through holes in a shading plate toward the patient’s skin).
Therefore, Claim 6 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 7, the light therapy device according to Claim 6 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang further discloses wherein the light-permeable cover further comprises a shading plate, the light therapy assembly comprises multiple light emitting elements, the shading plate is assembled on an inner side of the panel and comprises multiple via holes defined thereon, and each light emitting element emits light corresponding to each via hole ([0029] – the LED head assembly 101 contains many light emitting elements which are positioned to shine through holes in a shading plate toward the patient’s skin).
Therefore, Claim 7 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 8, the light therapy device according to Claim 1 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses wherein the carrier comprises a base (defined by the inner surface of the carrier structure) and a light-permeable cover (102) assemble to each other ([0027] – the LED head assembly containing the cover is attached to the base), the base comprises an opening, the light-permeable cover covers the base corresponding to the opening, a receiving space is jointly defined between the base and the light-permeable cover, the light therapy assembly is disposed in the receiving space (Figure 5, [0032] – there is a gap between the LED head assembly and base), the light-permeable cover comprises the panel in a light-permeable manner, and the light therapy assembly faces the panel to emit light ([0029] – the LED head assembly 101 contains many light emitting elements which are positioned to shine through holes in a shading plate toward the patient’s skin). Zhang does not disclose the negative ion assembly as being disposed in the receiving space.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches an orientation of the releasing needle which is facing the patient surface and is placed through the panel (Figure 1, [Attached Machine Translation: Page 1, Lines 22-28]). The releasing needle is placed in a concave negative ion emission hole within a carrier structure where the releasing needle tip or head protrudes from the panel via the negative ion emission hole [Attached Machine Translation: Page 3, Lines 1-10]). With this configuration applied to Zhang’s apparatus, the releasing needle would project through a panel (either the inner surface of the carrier or LED head assembly), thereby having the LED array and releasing needle tip disposed within the receiving space.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to alter Zhang’s vacuum and negative ion assisted phototherapy device by incorporating the releasing needle placement in the carrier in Liu. This would have been obvious because both Zhang and Liu discuss providing negative ions within a vacuum cup and Zhang provides a solution/improvement to allow for more direct application of negative ions by placing the releasing needle within the space containing the user’s tissue. Therefore, one of ordinary skill would be motivated to improve the apparatus of Zhang by incorporating the releasing needle placement in the carrier in Liu.
Therefore, Claim 8 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 9, the light therapy device according to Claim 1 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses the LED head assembly 101 is screwed into the inner surface of the cup structure ([0027]) while the cup structure itself is attached to a device handhold portion, which contains other device components (Figure 2 –the vacuum cup, surface with a dark color, and handheld portion, surface with a white color, are connected in an undisclosed manner). Zhang does not disclose a fixing rod and a fixing member, wherein a fixing hole is defined on the carrier, one end of the fixing rod is fixed to the carrier, another end of the fixing rod projects out from the carrier through the fixing hole and passes through the negative-pressure cup to be exposed, the fixing member is correspondingly fixed to the another end, and the carrier and the negative-pressure cup are jointly sandwiched between the one end of the fixing rod and the fixing member.
Liu, in the same field of endeavor of providing a vacuum cup with negative ion generation, teaches a connection hole which is used to support the power structure and attach the carrier and cup case in an airtight manner by passing through the cup case and being fixed (see 112, 115) on the outer surface of the cup (Figure 1, [Attached Machine Translation: Page 3, Lines 22-27]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute Zhang’s attachment mechanism between the carrier and negative pressure cup which attaches the handheld portion with the fixing method involving the fixing rod and fixing member in Liu. The substituted parts and their functions as different ways of facilitating attachment are known (Zhang and Liu) in prior art. One of ordinary skill in the art could have substituted the known attachment elements in Zhang with the known attachment elements in Liu.
Therefore, Claim 9 is obvious over Zhang in view of Liu and Ezaki.
Regarding Claim 10, the light therapy device according to Claim 1 is obvious over Zhang in view of Liu and Ezaki, as indicated hereinabove. Zhang discloses wherein the light therapy assembly comprises multiple light emitting elements, each light emitting element comprises a light emitting diode (LED) ([0010] – “light source are LED arrays”) and the LED comprises a wavelength between 415 ± 10 nm and 830 ± 10 nm ([0014] – “Most preferred wavelength of the light ranges from 400 to 880 nm according to treatment of the skin”, [0025] – the treatments by wavelength are discussed). MPEP 2144.05 states “In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” There is no evidence of an “unexpected result or criticality” on the analysis from the discussed range interpretations.
Therefore, Claim 10 is obvious over Zhang in view of Liu and Ezaki.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Benjamin Schmitt, whose telephone number is 703-756-1345. The examiner can normally be reached on Monday-Friday from 8:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached on 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benjamin A. Schmitt/
Examiner
Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796