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 Amendment
In response to amendments, filed June 25, 2025, claims 1 and 12 have been amended. Claims 7-8 and 17-20 have been cancelled. No claims have been added. Claims 1-6 and 9-16 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed June, 25, 2025, with respect to objection to the specification and claim 17 have been fully considered and are persuasive in view of the amendments. The objection to the specification and claim has been withdrawn.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive in view of the amendments. The rejections under 35 U.S.C. 112(b) have been withdrawn.
Applicant’s arguments with respect to the prior art claim(s) have been considered but are moot because the new ground of rejection does not rely on the same reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground(s) of rejection is made in view of the combinations of Lim/Gareau/Payonk/Gutkowicz-Krusin.
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.
Claim(s) 1-6, 9-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20180168456 A1) in view of Gareau (US 20160166194 A1) and Payonk (US 20060092315 A1).
Regarding claim 1, Lim teaches a skin diagnosing device (Fig. 1; Fig. 14; [0006] present invention is to precisely measure the skin condition of the user) comprising: a main body provided with an input interface for an operation (Fig. 1, body 110, button 190; [0056] The button 190 may be located on the body 110. The button 190 may control the operation of the electronic device.). However, Lim fails to specifically disclose a polarization assembly.
Gareau teaches an optical system for the detection of skin disease. Gareau discloses a polarization assembly ([0058] In the embodiment of FIG. 1A and FIG. 1B, housing 101 comprises one or more lenses 121 mounted in the mechanical fixture 122 between the camera 13 and the distal imaging plane 12 to focus the camera on the distal imaging plane, and may comprise one or more filters, such as a polarizing filter or chromatic filter to condition the light emitted by the LEDs or reflected by the lesion and captured by the camera).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Lim to include a polarization assembly as disclosed in Gareau to filter to condition the light emitted by the LEDs or reflected by the lesion and captured by the camera to obtain useful image data for diagnostics (Gareau [0017] and [0058]).
The combination of Lim/Gareau further discloses:
and a head connected to one end of the main body (Lim: head 120, Fig. 1), the head including:
a front cover forming a contact surface and including an opening (Lim: contact portion 124, Fig. 1);
a cover window covering the opening of the front cover (Lim: Fig. 1);
a plurality of ultraviolet light sources disposed behind the front cover and facing the opening of the front cover (Lim: Fig. 1, light source 200; [0055] The light source 200 may be provided in plural; [0059] FIG. 3 shows an example of the first and second light sources. FIG. 3 [a] shows a laser diode. FIG. 3 [b] shows a near-infrared LED. FIG. 3 [c] shows a ultraviolet LED. FIG. 3 [d] shows a visible light LED. FIG. 3 [e] shows a lens and a sensor. [0061] first light source 220 may provide light between ultraviolet and near-infrared rays [including ultraviolet and near-infrared region] … For example, the first light source 220 may be a laser diode [LD]. The first light source 220 may be in plural.; Fig. 14, [0115] The first light emitting element 260 of the first light sources 260 and 262 may be mounted on the first light source supporter 510. The second light emitting element 262 of the first light sources 260 and 262 may be mounted on the second light source supporter 520.);
a plurality of visible light sources disposed behind the front cover and facing the opening of the front cover (Lim: [0063] the second light source 240 may provide ultraviolet light, visible light, or near-infrared light. For example, the second light source 240 may be a light emitting diode (LED). A plurality of the second light sources 240 may be one set, and a plurality of sets may be provided. [0064] For example, one set of the second light sources 240 may include a red light source, a green light source, or a blue light source. Alternatively, one set of the second light sources 240 may provide a ultraviolet light, the visible light, and the near-infrared light. For example, one set of the second light sources 240 can provide light of the ultraviolet spectrum [405 nm] and the near-infrared spectrum [930 nm, 960 nm]; Fig. 14, [0115] the second light sources 280, 282, 284, and 286 may be LEDs);
a camera disposed behind the plurality of ultraviolet light sources and the plurality of visible light sources and facing the opening of the front cover (Lim: [0116] The image sensor 180 and/or the lens 170 may be located on the base 135; Gareau: Fig. 1A, camera 13, LEDs 16; [0044] In FIG. 1A, the LED mounting apparatus comprises a ring of light emitting diodes [LEDs] 16 each capable of emitting light at a specified wavelength in a range of 300 nm to 950 nm, preferably including at least one LED in the range of 300 to 400 nm, while the camera sequentially acquires images at the specified wavelengths);
and a laser light source disposed behind the camera and facing the opening of the front cover (Lim: [0061] the first light source 220 may be a laser diode (LD). The first light source 220 may be in plural; [0062] the plurality of light sources 220 may be a red laser diode, a green laser diode, or a blue laser diode. The red laser diode 222 may provide light having a wavelength of 650 nm, the green laser diode 224 may provide light having a wavelength of 530 nm, and the blue laser diode 220 may provide light having a wavelength of 450 nm; Fig. 14, [0115] The first light emitting element 260 of the first light sources 260 and 262 may be mounted on the first light source supporter 510. The second light emitting element 262 of the first light sources 260 and 262 may be mounted on the second light source supporter 520. The first light emitting element 260 and the second light emitting element 262 may provide light to the light transmission circle IC. … the first light sources 260 and 262 may be LDs [laser diodes].).
However, the combination of Lim/Gareau fails to disclose a plurality of cameras. Payonk teaches a skin testing and imaging station and corresponding method for capturing, displaying and analyzing images of a person for testing the skin.
Payonk discloses wherein the camera is provided in plural as a plurality of cameras ([0030] One or more cameras may also be used in the methods of the present invention, e.g., separate cameras having a distinct light filtering lens may be used for each type of photograph taken and/or separate cameras used to photograph different areas or angles of the subject.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Lim/Gareau to include a plurality of cameras as disclosed in Payonk to photograph different areas or angles of the subject as well as enhance specific aspects of the skin using distinct light filtering lens for each type of photograph (Payonk [0030, 0041]).
The combination of Lim/Gareau/Payonk discloses wherein the polarization assembly includes:
a polarizing body (Gareau: [0058] “mechanical fixture 122 between the camera 13 and the distal imaging plane 12 to focus the camera on the distal imaging plane, and may comprise one or more filters, such as a polarizing filter;” Payonk: [0091] “imaging station 200 is provided in the form of a cabinet unit with a central housing 202 flanked by a pair of hingedly connected door assemblies 204a, 204b”);
a first polarizing film disposed in front of a first group of visible light sources among the plurality of visible light sources and fixed on a first surface of the polarizing body; and a second polarizing film disposed in front of a second group of visible light sources among the plurality of visible light sources and fixed on a second surface of the polarizing body (Payonk: [0093] “A polarizing filter 281b may be used in conjunction with polarized flashes 220a, 220b.” Fig. 2, Fig. 3)
wherein any one of the first polarizing film and the second polarizing film is extend to an area corresponding to a front of any one of the plurality of cameras (Payonk: [0093] “The flashes 230a, 230b and 220a, 220b may optionally be operated in conjunction with [polarizing filter] 281b that can be rotated in front of the camera lens by solenoids 280a, 280b to further select the wavelengths of light received by the camera 211”), and
wherein the first polarizing film is implemented as a horizontal polarizing film, and the second polarizing film is implemented as a vertical polarizing film (Payonk: [0042] “In one embodiment, the photograph of the subject is taken both with a light source that emits lights through a polarizing filter and through a polarizing filter that filters the light prior to or after entering the camera's lens. When the polarizing filters are in the same orientation with each other (e.g., both horizontal or both vertical), surface features of the skin such as scales, wrinkles, fine lines, pores, and hairs are visually enhanced. When the polarizing filters are aligned perpendicular to each other (e.g., one horizontal and one vertical), subsurface features of the skin such as erythema, pigmentation, blood vessels, and hair, are visually enhanced.”).
Regarding claim 2, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1, Fig. 14), further comprising:
a first inner body in which the plurality of ultraviolet light sources are disposed, the first inner body being coupled to a rear side of the front cover (Lim: [0061] first light source 220 may provide light between ultraviolet and near-infrared rays [including ultraviolet and near-infrared region]; Fig. 14, [0115] The first light emitting element 260 of the first light sources 260 and 262 may be mounted on the first light source supporter 510. The second light emitting element 262 of the first light sources 260 and 262 may be mounted on the second light source supporter 520.);
and a second inner body in which the plurality of visible light sources are disposed, the second inner body being coupled to a rear side of the first inner body (Lim: [0064] For example, one set of the second light sources 240 may include a red light source, a green light source, or a blue light source. Alternatively, one set of the second light sources 240 may provide a ultraviolet light, the visible light, and the near-infrared light; Fig. 14, base 135; [0115] the second light sources 280, 282, 284, and 286 may be LEDs), wherein the first inner body includes an opening formed in a center of the first inner body (Gareau: Fig. 1A, LED mounting ring 15; [0044] LED mounting ring 15, includes LEDs positioned around the optical axis of the camera which may be located proximally of the distal imaging plane which frames the skin lesion, but still forward of the imaging apparatus. The illumination apparatus includes a set of devices that emit light of different spectral profiles to illuminate the skin lesion with light at desired wavelengths. In FIG. 1A, the LED mounting apparatus comprises a ring of light emitting diodes (LEDs) 16 each capable of emitting light at a specified wavelength in a range of 300 nm to 950 nm, preferably including at least one LED in the range of 300 to 400 nm, while the camera sequentially acquires images at the specified wavelengths.),
and each of the plurality of ultraviolet light sources is spaced a first distance from the center of the first inner body (Lim: Fig. 14, first light sources 260 and 262, first light source supporter 510, second light source supporter 520.).
Regarding claim 3, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 2 (Lim: Fig. 1, Fig. 14),
wherein each of the plurality of visible light sources is spaced a second distance from a center of the second inner body (Lim: [0116] The second light sources 280, 282, 284, and 286 may be located around the image sensor 180 and/or the lens 170; Fig. 14 [horizontal distance from light source 280 to sensor 180 is different from horizontal distance from light source 262 to sensor 180) greater than the first distance (Gareau: [0044] In Fig. 1A, the LED mounting apparatus comprises a ring of light emitting diodes [LEDs] 16 each capable of emitting light at a specified wavelength in a range of 300 nm to 950 nm; [0045] The LED wavelengths are selected based on the methods used to extract relevant information from the image data to identify diagnostically relevant patterns in the lesion; Fig. 1A [concentric circles of LEDs are shown, a layer closer to the center of the circle may emit UV light while a layer further from the center may emit visible light]),
the opening of the first inner body comprises a main opening including the center of the first inner body and a plurality of sub openings formed outside the main opening (Lim: Fig. 14, light source supporters 510 and 520 and boss B [space between and around listed structures]);
and a radius of the main opening is less than the second distance (Lim: Fig. 14 [distance from inside face of light source supporters 510 and 520 to sensor 180 is less than distance from light sources 280, 282, 284, and 286 to sensor 180]).
Regarding claim 4, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 3 (Lim: Fig. 1, Fig. 14), wherein each of the plurality of sub openings is formed between two adjacent ultraviolet light sources among the plurality of ultraviolet light sources (Lim: Fig. 14 [spaces between UV light sources 260 and 262]).
Regarding claim 5, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 3 (Lim: Fig. 1, Fig. 14), wherein the second distance (Lim: Fig. 14 [horizontal distance from light source 280 to sensor 180]) is for avoiding light that is emitted from the plurality of visible light sources from being reflected from the cover window to a diagnosis area within an image acquired through the camera ([this limitation is intended use and holds no patentable weight, however, the combination of Lim/Gareau/Payonk is capable as described in claim 3]).
Regarding claim 6, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 2 (Lim: Fig. 1, Fig. 14), wherein the second inner body comprises:
a camera opening disposed in a center of the second inner body (Gareau: Fig. 1A, camera 13, mechanical fixture 122);
and a laser light source opening disposed between the laser light source and the cover window and disposed between the camera opening and an edge of the second inner body (Lim: Fig. 14 [direct path from laser diodes 260 and 262 to IC]).
Regarding claim 9, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1), wherein a distance between a central axis of the head in a front and rear direction and the camera is less than a distance between the central axis of the head and the laser light source (Lim: Fig. 14, [laser diodes 260 and 262 are further from the central axis than sensor 180]).
Regarding claim 10, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 9 (Lim: Fig. 1), wherein the laser light source is inclined at a predetermined angle with respect to the front and rear direction of the head (Lim: [0082] The axis through which the lens 170 receives light can be defined as an optical axis, and the axis through which the light sources 260 and 262 irradiate light can be defined as an irradiation axis. The irradiation axis may be at a certain angle with respect to the optical axis; Fig. 11; Fig. 14).
Regarding claim 11, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1; Fig. 14), further comprising:
a first inner body in which the plurality of ultraviolet light sources are disposed (Lim: [0061] first light source 220 may provide light between ultraviolet and near-infrared rays [including ultraviolet and near-infrared region] Fig. 14, [0115] The first light emitting element 260 of the first light sources 260 and 262 may be mounted on the first light source supporter 510. The second light emitting element 262 of the first light sources 260 and 262 may be mounted on the second light source supporter 520.);
and a second inner body in which the plurality of visible light sources are disposed (Lim: [0064] For example, one set of the second light sources 240 may include a red light source, a green light source, or a blue light source. Alternatively, one set of the second light sources 240 may provide a ultraviolet light, the visible light, and the near-infrared light; Fig. 14, base 135; [0115] the second light sources 280, 282, 284, and 286 may be LEDs),
wherein each of the plurality of ultraviolet light sources is spaced a first distance from a center of the first inner body, each of the plurality of visible light sources is spaced a second distance from a center of the second inner body, and a radius of an inner circumferential surface of the front cover corresponding to the opening of the front cover is less than each of the first distance and the second distance (Lim: Fig. 14 [horizontal distance from light source 280 to sensor 180 is different from horizontal distance from light source 262 to sensor 180; and both are greater than half of the IC]).
Regarding claim 12, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 11 (Lim: Fig. 1; Fig. 14), wherein the radius of the inner circumferential surface of the front cover decreases toward the contact surface of the front cover (Lim: Fig. 14, front cover 120C, contact portion 124).
Regarding claim 13, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1; Fig. 14), wherein the head extends from the one end of the main body at an obtuse angle relative to an extension direction of the main body (Lim: Fig. 14, head 120, body 110).
Regarding claim 15, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1; Fig. 14), further comprising a moisture measuring sensor disposed inside the head so that a portion of the moisture measuring sensor protrudes to an outside through a sensor hole of the front cover (Lim: [0067] the electrode 300 may provide a skin measurement function. When the user's skin contact on the electrode 300, the impedance of the circuit connected to the electrode 300 can be changed. Accordingly, the electronic device can measure the skin condition of the user. For example, the skin condition may refer to the content of moisture).
Claim(s) 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20180168456 A1) in view of Gareau (US 20160166194 A1) and Payonk (US 20060092315), and in further view of Gutkowicz-Krusin (US 6208749 B1).
Regarding claim 14, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1; Fig. 14). However, the combination of Lim/Gareau/Payonk fails to disclose a gray card.
Gutkowicz-Krusin teaches systems and methods for the multispectral imaging of skin tissue to enable automatic characterization of the condition of a region of interest of the skin. Gutkowicz-Krusin discloses further comprising a gray card disposed between the front cover and the cover window and corresponding to a partial area of the opening of the front cover (Col 11, lines 17-25, If dermoscopic imaging is used, where a thin layer of mineral oil is spread between the skin and a cover glass is fixed in position in front of the camera, each image of the skin preferably contains an image of a narrow strip of oil-free, diffusely reflecting gray material, held in place on the inside surface of the cover glass, and located along one edge of the field of view. The material may be cut out of a Kodak "18% gray" card.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Lim/Gareau/Payonk to include a gray card as disclosed in Gutkowicz-Krusin to calibrate the light sources and images by converting the image of the skin and the gray strip into a standardized diffuse reflectance map, with the result preserving a large linear recording dynamic range (Gutkowicz-Krusin Col 11, lines 47-50).
Regarding claim 16, the combination of Lim/Gareau/Payonk discloses the skin diagnosing device according to claim 1 (Lim: Fig. 1; Fig. 14), wherein the plurality of visible light sources (Lim: [0063] the second light source 240 may be a light emitting diode (LED). A plurality of the second light sources 240 may be one set, and a plurality of sets may be provided. [0064] For example, one set of the second light sources 240 may include a red light source, a green light source, or a blue light source.). However, the combination of Lim/Gareau/Payonk fails to disclose a white light source.
Gutkowicz-Krusin discloses comprise a white light source (Col 6, lines 2-3, The skin is illuminated by a source of white light 3; Fig. 1a).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Lim/Gareau/Payonk to include a white light source as disclosed in Gutkowicz-Krusin to illuminate the skin so that the camera may capture the re-emitted light reflected from the skin for providing "true-color" visualizations of lesion images (Gutkowicz-Krusin, Col 6, lines 2-10 and Col 11, lines 62-63).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLY HALPRIN whose telephone number is (703)756-1520. The examiner can normally be reached 12PM-8PM ET.
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/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791