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 .
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.
Claims 1, 5, and 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0200115 Ferren et al., hereinafter “Ferren” (cited previously), in view of US 2011/0022039 Spikker et al., hereinafter “Spikker” (also cited previously), further in view of US 2007/0252997 Van Hal et al., hereinafter “Van”.
Regarding claim 1, Ferren discloses a system configured to safely localize a target (Abstract, Para 5, and 37), comprising: - a device comprising a laser system comprising a plurality of laser sources (Figure 19, device 500 comprises laser sources 502 and 504 that each contain plurality of lasers, see Para 78); - an aperture that is configured to let radiation from the laser system exit the device (Figure 2, element 118 allows beam 119 to exit device 102); - an apparatus configured to generate proximity data (Figure 2, element 112, Figure 7 and Para 55, and Figure 19, elements 532 and 540 and Para 78); - a processing component configured to detect target data and to control the laser system based on the target data (Figure 19, element 114; Para 38 and 43; the target data being the position of the skin with respect to the device, see also Para 65 and 79; the target data can also be the position of the hair shaft); and a targeting system configured to emit EM radiations (Para 65 and 79; Para 5 and 72 state that the laser is in the EM spectrum) for illuminating the target (Figure 2);-an adjustment engine configured to move an optical axis of a lens system relative to the laser system (Para 44 and 45): wherein the lens system is configured to focus at least two radiation beams generated by the laser system on the target (Para 51, 70, and 78): and-an image sensing system (Figure 12, element 280) configured to receive the EM radiations reflected by the target and to generate the target data (Para 65, see also Para 78), and- wherein the adjustment engine comprises two linear devices perpendicular to each other configured to move the lens system in two perpendicular directions, and the processing component is configured to control the adjustment engine to move a focal point of the radiation beams to a target position based on the XY coordinates (Para 44 states “Optical system 122 may include one or more actuation mechanisms for controlling positions or settings of optical elements, including, but not limited to, adjustable lenses, By adjusting the position, angle, or lens strength (zoom) of one or more optical components, the position of the beam and beam waist can be adjusted with respect to height (distance from the skin surface) or X-Y position (i.e., position in a plane parallel to the skin surface)”).
Ferren does not disclose the adjustment engine is configured to displace the optical axis when the EM radiations are received by the image sensing system to not block the image sensing.
However, Spikker discloses laser hair removal device/method (Abstract and Para 1) and teaches the adjustment engine is configured to displace the optical axis when the EM radiations are received by the image sensing system to not block the image sensing (Para 50 and Figure 1, lens system 16 can be displaced to allow a clear path of view for the imaging device 12).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed displacing an optical axis when EM radiations are received as taught by Spikker, in the invention of Ferren, in order to free a field of view of the first image sensor (Spikker; Para 50).
Ferren does not disclose wherein the targeting system is provided on an outer periphery of the aperture and wherein the targeting system is configured to emit the EM radiations into skin such that the EM radiations are reflected by flesh, wherein the reflected EM radiations are configured to illuminate a background area of a target area comprising the target resulting in the target area being lighted from the back to create a shadow of the target; - wherein the image sensing system is configured to capture the target area with the background area thereof being illuminated detect the shadow and generate, based thereon, the target data comprising XY coordinates of the target.
However, Van discloses a laser hair detection device used in a removal device application (Abstract) and teaches the targeting system (Figure 5, elements 80 are lighting elements used for illumination, see Para 82) is provided on an outer periphery of the aperture (Figure 5, the aperture is element 53, the targeting system 80 is on the outer periphery of aperture 53) and wherein the targeting system is configured to emit the EM radiations into skin (Figure 5, element 88 and 86, see also Para 1 that shows EM radiation and Para 81) such that the EM radiations are reflected by flesh (See Figure 5, Ray 88 is passed into the skin, underneath the hair 14 and reflects back up to be passed to beam 90 to the imaging device 74, see also Para 81 that describes this process and Para 6 and 90 that describe the shadow this ray 88 creates on hair 14 that refracts of off its edges and allows them to appear as shadows on the image), wherein the reflected EM radiations are configured to illuminate a background area of a target area comprising the target resulting in the target area being lighted from the back to create a shadow of the target (See Figure 5, Ray 88 is passed into the skin, underneath the hair 14 and reflects back up to be passed to beam 90 to the imaging device 74, see also Para 81 that describes this process and Para 6 and 90 that describe the shadow this ray 88 creates on hair 14 that refracts of off its edges and allows them to appear as shadows on the image); - wherein the image sensing system is configured to capture the target area with the background area thereof being illuminated detect the shadow (See Figure 5, Ray 88 is passed into the skin, underneath the hair 14 and reflects back up to be passed to beam 90 to the imaging device 74, see also Para 81 that describes this process and Para 6 and 90 that describe the shadow this ray 88 creates on hair 14 that refracts of off its edges and allows them to appear as shadows on the image) and generate, based thereon, the target data comprising XY coordinates of the target (Para 43 discloses that the image processing unit determines the position and orientation of the hair from the captured image; it is inherent that it determines XY coordinates, however it is clear from annotated Figure 5 below that an XY coordinate system is being relied upon).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed detecting a background area as taught by Van, in the invention of Ferren, in order to locate the target based on images (shadows) of the target location (Van; Para 81 and 90).
PNG
media_image1.png
527
741
media_image1.png
Greyscale
Annotated Figure 5 (Van)
Regarding claim 5, Ferren discloses the image sensing system is configured to generate the target data based on the EM radiations reflected by the target (Para 65; can detect the color of skin or the presence of hair follicles).
Regarding claim 7, Ferren discloses the processing component is configured to pull the proximity data from a proximity sensing engine, wherein the proximity sensing engine is configured to generate the proximity data based on gravity, magnetic orientation, and/or distance of an aperture from the target (Para 37; proximity sensor detects the distance of the device from the skin).
Regarding claim 8, Ferren discloses the proximity sensing engine is installed at the aperture, wherein the aperture comprises an opening configured to let radiation from the laser system exit (Figure 2, element 118 is an aperture lens that lets light exit and element 112 is the proximity sensor that detects light reflected back to it, through an inherent entrance).
Regarding claim 9, Ferren discloses the processing component is configured to enable the laser system and the adjustment engine based on the target data and/or the proximity data (Para 38 and 43).
Regarding claim 10, Ferren discloses each of the laser sources comprises a different wavelength (Para 49), and the lens system is configured to focus a respective radiation beam of each of the laser sources along the optical axis (Para 78).
Regarding claim 11, Ferren discloses the target data comprises at least one of a position, a type or a color of the target (Para 37-38 and 63-64, see also Para 65).
Regarding claim 12, Ferren discloses a method for localizing a target (Abstract, Para 5, and 37), comprising: - generating, with a laser system of a device, a plurality of radiation beams based on target data (Figure 19, device 500 comprises laser sources 502 and 504 that each contain plurality of lasers, see Para 78), wherein the radiation beams exit the device via an aperture (Figure 2, element 118 allows beam 119 to exit device 102): - generating, with a targeting system (Para 65 and 79; Para 5 and 72 state that the laser is in the EM spectrum), EM radiations for illuminating the target (Para 46, 55, and 65) - capturing, with an image sensing system (Figure 12, element 280), and automatically generating, with the image sensing system, target data (Figure 19, element 114; Para 38 and 43; the target data being the position of the skin with respect to the device; see Figure 4, element 152; see also Para 65 and 79; the target data can also be the position of the hair shaft); - adjusting, with an adjustment engine configured to move an optical axis of a lens system relative to the laser system (Para 44 and 45), the radiation beams to focus on the target (Para 36 and 64) by moving the lens system in two perpendicular directions using two linear devices perpendicular to each other to move a focal point of the radiation beams to a target position based on the XY coordinates (Para 44 states “Optical system 122 may include one or more actuation mechanisms for controlling positions or settings of optical elements, including, but not limited to, adjustable lenses, By adjusting the position, angle, or lens strength (zoom) of one or more optical components, the position of the beam and beam waist can be adjusted with respect to height (distance from the skin surface) or X-Y position (i.e., position in a plane parallel to the skin surface)”).
Ferren does not disclose displacing, with the adjustment engine, the optical axis when the EM radiations are received by the image sensing system to not block the image sensing system from receiving the EM radiations.
However, Spikker discloses laser hair removal device/method (Abstract and Para 1) and teaches displacing, with the adjustment engine, the optical axis when the EM radiations are received by the image sensing system to not block the image sensing system from receiving the EM radiations (Para 50 and Figure 1, lens system 16 can be displaced to allow a clear path of view for the imaging device 12).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed displacing an optical axis when EM radiations are received as taught by Spikker, in the invention of Ferren, in order to free a field of view of the first image sensor (Spikker; Para 50).
Ferren does not disclose a targeting system provided on an outer periphery of the aperture; emitting the EM radiations into skin such that the EM radiations are reflected by flesh wherein the reflected EM radiations illuminate a background area of a target area comprising the target resulting in the target area being lighted from the back to create a shadow of the target; capturing, with an image sensing system, the target area with the background area thereof being illuminated, and automatically generating, based thereon, with the image sensing system, target data comprising XY coordinates of the target.
However, Van discloses laser hair detection and removal device/method (Abstract) and teaches a targeting system (Figure 5, elements 80 are lighting elements used for illumination, see Para 82) provided on an outer periphery of the aperture (Figure 5, the aperture is element 53, the targeting system 80 is on the outer periphery of aperture 53); emitting the EM radiations into skin (Figure 5, element 88 and 86, see also Para 1 that shows EM radiation and Para 81) such that the EM radiations are reflected by flesh wherein the reflected EM radiations illuminate a background area of a target area comprising the target resulting in the target area being lighted from the back to create a shadow of the target (See Figure 5, Ray 88 is passed into the skin, underneath the hair 14 and reflects back up to be passed to beam 90 to the imaging device 74, see also Para 81 that describes this process and Para 6 and 90 that describe the shadow this ray 88 creates on hair 14 that refracts of off its edges and allows them to appear as shadows on the image); capturing, with an image sensing system, the target area with the background area thereof being illuminated (See Figure 5, Ray 88 is passed into the skin, underneath the hair 14 and reflects back up to be passed to beam 90 to the imaging device 74, see also Para 81 that describes this process and Para 6 and 90 that describe the shadow this ray 88 creates on hair 14 that refracts of off its edges and allows them to appear as shadows on the image), and automatically generating, based thereon, with the image sensing system, target data comprising XY coordinates of the target (Para 43 discloses that the image processing unit determines the position and orientation of the hair from the captured image; it is inherent that it determines XY coordinates, however it is clear from annotated Figure 5 above that an XY coordinate system is being relied upon)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed detecting a background area as taught by Van, in the invention of Ferren, in order to locate the target based on images (shadows) of the target location (Van; Para 81 and 90).
Regarding claim 13, Ferren discloses the laser system is configured with a plurality of laser sources comprising different wavelengths (Para 49 and 78).
Regarding claim 14, Ferren discloses enabling the generation of the radiation beams only when a safety value is received and generating the safety value based on a proximity to the target area (Figure 4, element 154; only when the device is in a predetermined range allow the light to be delivered, see also Para 50).
Regarding claim 15, Ferren discloses the method further comprises focusing the plurality of radiation beams to a plurality of focal points along an optical axis of a lens system (Para 78).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0200115 Ferren et al., hereinafter “Ferren”, in view of US 2011/0022039 Spikker et al., hereinafter “Spikker”, further in view of US 2007/0252997 Van Hal et al., hereinafter “Van”, further in view of US 2002/0035360 Connors et al., hereinafter “Connors” (previously cited).
Regarding claim 6, Ferren discloses the processing component is configured to pull the target data (Para 65; feedback control signals based on skin characteristics).
Ferren does not disclose adjust at least one of wavelengths or a fluence of each of the laser sources based on the target data.
However, Connors discloses a hair removal device (Abstract) and teaches adjust at least one of wavelengths or a fluence of each of the laser sources based on the target data (Para 38-39 and 51-52; fluence is controlled based on diameter of the hair shaft, which can be a target data point).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an adjustment of fluence as taught by Connors, in the invention of Ferren, in order to avoid damage to the skin (Connors; Para 38).
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0200115 Ferren et al., hereinafter “Ferren” (cited previously), in view of US 2011/0022039 Spikker et al., hereinafter “Spikker”, further in view of US 2007/0252997 Van Hal et al., hereinafter “Van”, further in view of US 2017/0215962 Aharon et al., hereinafter “Aharon” (cited previously).
Regarding claim 16, Ferren discloses all the limitations of claim 1.
Ferren does not disclose the target data comprise at least one of positions of ink pigments in a skin or positions of skin cells with a pigmentation value higher than a threshold value.
However, Aharon discloses an aesthetic treatment device that uses light (Abstract) to target multiple treatments (Para 10 and 45) and teaches the target data comprise at least one of positions of ink pigments in a skin or positions of skin cells with a pigmentation value higher than a threshold value (Para 10, 45, 46, 54, and 62; the device uses light to detect the location of hair (“or other treatment conditions on or above the surface of the skin” such as tattoos, i.e. ink pigments)).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed that the target data is positions of ink pigments as taught by Aharon, in the invention of Ferren, in order to treat areas of the skin that require laser therapy (Aharon; Para 45 and 62).
Regarding claim 18, Ferren discloses all the limitations of claim 12.
Ferren does not disclose the target data comprise at least one of positions of ink pigments in a skin or positions of skin cells with a pigmentation value higher than a threshold value.
However, Aharon discloses an aesthetic treatment device that uses light (Abstract) to target multiple treatments (Para 10 and 45) and teaches the target data comprise at least one of positions of ink pigments in a skin or positions of skin cells with a pigmentation value higher than a threshold value (Para 10, 45, 46, 54, and 62; the device uses light to detect the location of hair (“or other treatment conditions on or above the surface of the skin” such as tattoos, i.e. ink pigments)).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed that the target data is positions of ink pigments as taught by Aharon, in the invention of Ferren, in order to treat areas of the skin that require laser therapy (Aharon; Para 45 and 62).
Response to Arguments
Applicant’s arguments have been fully considered but are moot because the new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached on (571) 272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
Prosecution Insights