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”, further in view of US 2008/0262484 Hawkins et al., hereinafter “Hawkins”.
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 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 configured to emit the EM radiations into skin such that the EM radiations are reflected by flesh to create a shadow of the target; -wherein the image sensing system is configured to detect the shadow and generate the target data comprising XY coordinates of the target based on the shadow.
However, Hawkins discloses a laser hair removal device (Abstract and Para 1) and teaches the targeting system is configured to emit the EM radiations into skin such that the EM radiations are reflected by flesh to create a shadow of the target (Para 32 and Figure 1, element 118 and 119; a shadow as described by the current specification is an image (shown in Figure 9, element 78 of the instant application)); -wherein the image sensing system is configured to detect the shadow and generate the target data comprising XY coordinates of the target based on the shadow (Para 32).
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 shadow as taught by Hawkins, in the invention of Ferren, in order to locate the target based on images (shadows) of the target location (Hawkins; Para 32).
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 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) - receiving, with an image sensing system (Figure 12, element 280), the EM radiations reflected by the target (Para 65, see also Para 78) 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); - generating, with a laser system (Figure 19, device 500 comprises laser sources 502 and 504 that each contain plurality of lasers, see Para 78), a plurality of radiation beams based on the target data (Figure 19, device 500 comprises laser sources 502 and 504 that each contain plurality of lasers, see Para 78; see Figure 4, element 156); - 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 emitting the EM radiations into skin such that the EM radiations are reflected by flesh to create a shadow of the target; target data comprising XY coordinates of the target based on the shadow.
However, Spikker discloses laser hair removal device/method (Abstract and Para 1) and teaches emitting the EM radiations into skin such that the EM radiations are reflected by flesh to create a shadow of the target (Para 32 and Figure 1, element 118 and 119; a shadow as described by the current specification is an image (shown in Figure 9, element 78 of the instant application)); target data comprising XY coordinates of the target based on the shadow (Para 32).
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 shadow as taught by Hawkins, in the invention of Ferren, in order to locate the target based on images (shadows) of the target location (Hawkins; Para 32).
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 a 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 2008/0262484 Hawkins et al., hereinafter “Hawkins”, further in view of US 2002/0035360 Connors et al., hereinafter “Connors”.
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 2008/0262484 Hawkins et al., hereinafter “Hawkins”, further in view of US 2017/0215962 Aharon et al., hereinafter “Aharon”.
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
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 extension fee 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 date of this final action.
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.
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/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796