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 .
Applicant is requested to cancel the non-elected claim 15.
Objected Informalities
The disclosure is objected to because of the following informalities:
In The Claims
Claim 6, line 2, “plurality of LEDs” should be -- plurality of light emitting diodes (LEDs) --.
Claim 10, line 2, “the dermal region” should be -- a dermal region --.
Appropriate correction is required.
Rejection under 35 U.S.C. 112, Second Paragraph
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.
Claim 10 is 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 pre-AIA the applicant regards as the invention.
Claim 10 recites the limitation "the dermal region" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Rejection under 35 U.S.C. 102(a)(1)
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) The claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 7-8 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prescott (2003/0114902).
Prescott (2003/0114902) discloses, in figs. 1-25, a therapeutic light-emitting device and/or method for disinfecting and/or enhancing healing of a wound or surgical site (see [0002], [0005], [0006], [0018], [0020], [0025], [0067], [0080], [0085], [0096]), which includes:
Regarding claims 1, 12, 14,
a planar frame 407, 409 having a transparent central void, the transparent central void adapted to surround a wound or surgical site to enable visualization and clinical monitoring of the underlying the wound or surgical site (see figs. 7, 8); and
an array of illumination sources 420 disposed on the frame 407, 409 for directing safe, therapeutic light centrally towards the underlying wound or surgical site (see figs. 7, 8).
Regarding claim 2, wherein the light has the ability to eradicate microorganisms without harming the patient (see “bacterial” in [0072], [0080], [0084]).
Regarding claim 3, wherein the light enhances wound healing (see [0002], [0006], [0067], [0080], [0096]).
Regarding claim 5, wherein the illumination source 420 is disposed for irradiation of a dermal region defined by the central void (see figs. 7, 8).
Regarding claim 7, wherein the frame has an underlying adhesive, the adhesion providing temporary attachment to a dermal surface surrounding the surgical site (see [0020], [0080], [0084], [0085]).
Regarding claim 8, further comprising a transparent, absorptive dressing (see [0020], [0018], [0072], [0084], “non-adherent dressing” in [0085], [0099]).
Regarding claim 11, wherein the illumination source forms a continuous perimeter around an inner circumference of the frame (see figs. 7, 8).
Regarding claim 13, further comprising:
identifying an epidermal treatment region having a therapeutic need for a sterile environment (see fig. 8);
arranging an array of illumination elements 420 on a planar frame 407, 409 for defining an illumination source, the frame having a shape based on the epidermal treatment region (see figs. 7, 8, [0018], [0020], [0021], [0086]);
engaging the frame with an epidermal surface for directing light of a predetermined therapeutic wavelength at the epidermal treatment region (see figs. 7 and 8); and
energizing the illumination source for irradiating the epidermal treatment region with the light of the therapeutic wavelength (see “controller/power supply 426 for energizing the illumination sources” in figs. 7, 8).
Rejection under 35 U.S.C. 103(a)
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 4, 6, 9-10 and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable over Prescott (2003/0114902) in view of Smith et al. (2020/0360547).
Prescott (2003/0114902) discloses all the features as discussed above except one or more light emitting diodes (LEDs), each LED providing an antimicrobial or wound healing wavelength of light as recited in claim 4; a plurality of light emitting diodes (LEDs) arranged towards the central void for providing illuminating coverage of an incision or wound as recited in claim 6; far UVC, visible blue, or red light as recited in claims 9 and 16; and each of the LEDs having an illumination radius for irradiating the dermal region, an aggregation of the illumination radii combined from each respective LED of the plurality or LEDs covering the central void as recited in claim 10.
Using the plurality of light emitting diodes (LEDs) for providing an antimicrobial or wound healing wavelength of light, each of the LEDs having an illumination radius for irradiating the dermal region, an aggregation of the illumination radii combined from each respective LED of the plurality or LEDs covering the central void, and the far UVC, visible blue, or red light are intended use and considered to be obvious variation in design, since it is well known in the art as Smith et al. (2020/0360547) discloses, in figs. 1A-13E, a modular wound disinfection system for inhibiting bacterial infections, which includes a plurality of light emitting diodes (LEDs) 802, 804 for providing an antimicrobial or wound healing wavelength of light (see figs. 8, 9A, 9B, “bacterial infections”, “wound” in [0003], [0004], [0013], [0033], [0035], [0036], [0038], [0044], [0080], [0083], [0088]), each of the LEDs having an illumination radius for irradiating the dermal region (see figs. 9A, 9B), thus an aggregation of the illumination radii combined from each respective LED of the plurality or LEDs covering the central void, and the light wavelength being far UVC, visible blue, or red light (see [0077]), thus would have been obvious to one skilled in the art to use the plurality of light emitting diodes (LEDs) for providing an antimicrobial or wound healing wavelength of light, each of the LEDs having an illumination radius for irradiating the dermal region, an aggregation of the illumination radii combined from each respective LED of the plurality or LEDs covering the central void, and the far UVC, visible blue, or red light in the Prescott (2003/0114902) therapeutic light-emitting device and/or method for disinfecting and/or enhancing healing of a wound or surgical site.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/KIET T NGUYEN/Primary Examiner, Art Unit 2881