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 .
Election/Restrictions
Claims 1-8 and 23-25 are withdrawn from further consideration and claims 26-28 are cancelled pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups I, III, and IV, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/05/2025.
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 15, 17, 19, and 30 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.
The term “approximately” in Claims 14-15, 17, 19, and 30 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, i.e. one of ordinary skill would not know where the bounds exist as to what infringes upon the approximate angles claimed. The Examiner will be interpreting the claims and applying prior art to the listed number exactly, i.e. approximately 90 degrees will be interpreted as 90 degrees.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 9-10, 12, 16, 18-19, 21, 29 and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication 20170216616 awarded to Boyajian et al, hereinafter Boyajian.
Regarding Claim 9, Boyajian teaches a system for photodynamically treating a patient (Para. 0011), comprising: a mobile base (base 81, Para. 0043, “The base 81 may further include wheels 87 at its bottom in order to allow the user to horizontally move the illuminator to an appropriate position”); a vertical column extending perpendicular from the base (vertical pillar 82, Fig. 4, Para. 0043, “In addition, the vertical pillar 82 may be attached to the base 81 at a pivot point 83”); a controller supported by the vertical column (controller and power supply 90, “As further shown in FIG. 4, a controller and power supply 90 is mounted to the stand 80 in order to supply electrical power to the main body 100 and allow the user to control the main body 100 for treatment purposes”); an extension member disposed at least partially within the vertical column (Para. 0043, “The vertical pillar 82 may also be configured as a telescopic structure, such that the user can change the height of the vertical pillar 82”); an arm mounted to a top of the extension member (arm 84, Fig. 4, Para. 0043, “The stand 80 may also include a stabilization arm 84”); and an illuminator connected to the arm (main body 100), the extension member and the arm being movable relative to the vertical column to allow adjustment of a position of the illuminator (Para. 0043, “The vertical pillar 82 may also be configured as a telescopic structure, such that the user can change the height of the vertical pillar 82. This allows for an increased range of vertical movement for the main body 100, which can allow the user to position the main body 100 at lower portions of a treatment area, such as a patient's legs or feet”), the illuminator comprising a plurality of panels (main body 100, Para. 0043 “As further shown in FIG. 4, a controller and power supply 90 is mounted to the stand 80 in order to supply electrical power to the main body 100 and allow the user to control the main body 100 for treatment purposes. Alternatively, the controller and power supply 90 may be directly mounted to the main body 100. In order to provide a cooling system for the LED arrays 60, one or more fans 70 may be mounted onto each of the panels, as shown in FIG. 4”) configured to uniformly illuminate a treatment surface of a patient (Para. 0053, “Thus, the adjustable illuminator allows for the treatment of additional areas of a patient's body. In other words, not only can the adjustable illuminator effectively deliver a uniform light intensity to traditional surfaces such as the face or scalp, but the adjustable illuminator can also provide a device that can easily be configured to treat other portions of a patient's body, in particular, those having smaller curved surfaces, such as the arms and legs”).
Regarding Claim 10, Boyajian teaches the system of Claim 9, wherein the plurality of panels comprises five panels configured to form a U-shaped configuration (Figs. 1a and 4).
Regarding Claim 12, Boyajian teaches the system of Claim 9, wherein the extension member is configured to slide vertically relative to the vertical column to adjust a height of the illuminator (Para. 0043, “The vertical pillar 82 may also be configured as a telescopic structure, such that the user can change the height of the vertical pillar 82”).
Regarding Claim 16, Boyajian teaches the system of Claim 9, further comprising a mounting mechanism defining a first axis and a second axis, the first axis being perpendicular to the second axis (mounting head 40, first and second axis are the x-plane and y-plane of the mounting head, Para. 0043, “As shown in FIGS. 1A-1B, the main body 100 of the illuminator may include a mounting head 40. The mounting head 40 may allow for the main body 100 to be mounted to a movable stand 80, which is shown in FIG. 4, to allow a user to easily move the main body 100 to the appropriate treatment position”), wherein the illuminator is configured to rotate about both of the first axis (x-axis, Para. 0042, “As shown in further detail in FIGS. 3A-3B, between the tabs 23 are the nested hinges 50, which are mounted to the inner side surfaces of adjacent panels (e.g., 10a, 10b) to allow for rotation of the panels”) and the second axis y-axis (Para. 0043, “The mounting head 40 may allow for the main body 100 to be mounted to a movable stand 80, which is shown in FIG. 4, to allow a user to easily move the main body 100 to the appropriate treatment position. The stand 80 includes a base 81 and a vertical pillar 82. The base 81 may further include wheels 87 at its bottom in order to allow the user to horizontally move the illuminator to an appropriate position. The wheels 87 may include locks, such that the stand 80 is prevented from further horizontal movement once positioned. In addition, the vertical pillar 82 may be attached to the base 81 at a pivot point 83. The pivot point 83 allows the vertical pillar 82 to be rotated to increase the range of positioning for the illuminator”).
Regarding Claim 18, Boyajian teaches the system of Claim 9, further comprising a plurality of distance sensors, wherein each of the plurality of distance sensors is configured to detect a distance between a respective panel of the plurality of panels and the treatment surface (Para. 0052, “Alternatively, the illuminator can be provided with sensors that detect the size of the treatment area positioned in front of the illuminator. The sensors then determine the correct light dosing parameters based on the sensed treatment area. The illuminator may also further include actuators and may be programmed to be moved automatically depending on the selected treatment. Once a treatment is selected, the illuminator may be automatically positioned into the proper configuration by the actuators without requiring the user to move the system by hand”).
Regarding Claim 19, Boyajian teaches the system of Claim 9, further comprising a patient cooling fan system (fans 70 and heat source 160, Para. 0070), the patient cooling fan system comprising: a fan plenum disposed in at least one of the plurality of panels (cool air entering a ‘C’, Fig. 9c, Para. 0070), the fan plenum defining an air path (Para. 0070, “For example, the fans 70 may be operated to circulate cooling air through the system. Further, cool air or room temperature air, which travels along a path indicated by arrows labeled ‘C’ in FIG. 9C, may be directed toward a heat exchanger in the heat source 160”); a plenum outlet disposed at the end of the air path (Fig. 9c, outlet at ‘H’, Para. 0070, “The heated air, which travels along a path indicated by arrows labeled ‘H’ in FIG. 9C, may be blown at relatively gentle flow rates”); and a fan (fans 70) arranged to force air through the fan plenum and the plenum outlet, wherein the air path and the plenum outlet (Para. 0070) are configured to allow air flow to move substantially parallel to a face of the at least one of the plurality of panels (Fig. 9c).
Regarding Claim 21, Boyajian teaches the system of Claim 9, further comprising a controller configured to detect a position of the illuminator and to determine a dosing parameter based on the position of the illuminator (Para. 0052, “The detected position of the illuminator may then be used to indicate the intended treatment area. Correct light dosing parameters for the specific treatment area may then be provided based on the detected position set by the user”).
Regarding Claim 29, Boyajian teaches the system of Claim 9, system of Claim 9, wherein: the illuminator further comprises a plurality of distance sensors, wherein each of the plurality of distance sensors is associated with a corresponding panel of the plurality of panels, the plurality of distance sensors configured to sense a distance between each corresponding panel and a treatment surface (Para. 0052, “Alternatively, the illuminator can be provided with sensors that detect the size of the treatment area positioned in front of the illuminator. The sensors then determine the correct light dosing parameters based on the sensed treatment area. The illuminator may also further include actuators and may be programmed to be moved automatically depending on the selected treatment. Once a treatment is selected, the illuminator may be automatically positioned into the proper configuration by the actuators without requiring the user to move the system by hand”); and the plurality of panels are configured to be arranged into a use position based on the distance between each corresponding panel and the treatment surface (Para. 0052, “The detected position of the illuminator may then be used to indicate the intended treatment area. Correct light dosing parameters for the specific treatment area may then be provided based on the detected position set by the user”).
Regarding Claim 31, Boyajian teaches the system of Claim 6, further comprising a plurality of cooling fans (Para. 0070, “In at least one embodiment, the heat source 160 may be used in conjunction with fans 70. For example, the fans 70 may be operated to circulate cooling air through the system. Further, cool air or room temperature air, which travels along a path indicated by arrows labeled ‘C’ in FIG. 9C, may be directed toward a heat exchanger in the heat source 160”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11, 13-14, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyajian as applied to claim 9 above, and further in view of U.S. Patent 4740707 awarded to Thaw, hereinafter Thaw.
Regarding Claims 11 and 14, Boyajian teaches the system of Claim 9, wherein the arm comprises a stationary (stabilization arm 84, Para. 0043, “The stand 80 may also include a stabilization arm 84. Once the stand 80 and main body 100 is positioned, the stabilization arm 84 may be attached to the main body 100 to prevent unwanted movement of the main body 100 during treatment”) and a moveable portion (hinge point 86, Para. 0043, “The connecting arm 85 includes a hinge point 86 such that the main body 100 can be moved vertically relative to the stand 80”). Boyajian does not teach the illuminator is configured to move between a stored position and an operational position, wherein, in the stored position, the illuminator is configured such that: the extension member is in a retracted position; the moveable member is disposed in a vertically downward position; and the plurality of panels define a U-shaped configuration and are arranged at least partially around the vertical column, or wherein the illuminator is configured to rotate approximately 180 degrees around an axis perpendicular to the vertical column.
However, in the art of portable light therapy devices (abstract), Thaw teaches a standing light device with panels (Fig. 1) which folds into a stored position wherein the illuminator is positioned in a downward position around the column (abstract, Figs. 2-4) by rotating the illuminator 180 degrees about a perpendicular axis to a vertical column (Fig. 1 vs Fig. 4, Col. 2, Lines 42-53, “Each flanking canopy panel 8b and 8c may be set at any position with respect to the central canopy panel 8a between and including a first limit position in which it is coplanar with the central canopy panel 8a and constitutes a continuation thereof and a second limit position in which it has been pivoted substantially 180.degree. inwardly from the first limit position onto the frontal face of the central canopy panel 8a. As seen in FIG. 1, the canopy 8 has parallel pivotal axes about which the canopy panels can swing relative to one another and which are parallel to the width and perpendicular to the length of the canopy”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Thaw, i.e. by using the folding storage configuration of Thaw in the device of Boyajian, for the predictable purpose of improving storage and portability as shown in Thaw.
Regarding Claim 13, Boyajian teaches the system of Claim 9, wherein the arm comprises a joint dividing the arm into a stationary portion (Fig. 4, Para. 0043, “At a top end, the vertical pillar 82 includes a connecting arm 85, which may serve as a mounting structure for the main body 100”) and a movable portion (hinge point 86, Para. 0043, “The connecting arm 85 includes a hinge point 86 such that the main body 100 can be moved vertically relative to the stand 80”). Boyajian does not teach wherein the movable portion is configured to rotate up to approximately 90 degrees around the joint to position the illuminator at a desired location.
However, Thaw teaches using a hinged portion to rotate the illuminator 90 degrees to allow treatment of a body in various positions (Col. 4, Lines 20-27, “In the erected, operating position illustrated in FIG. 5, the canopy 8 is set to a generally horizontal orientation adapted to irradiate a person lying underneath. By pivoting the elbow column 17a counterclockwise by 90.degree. from the position shown in FIG. 5, the canopy will be set upright in the phantom-line position, adapted to irradiate a person's upper body and face, particularly when seated”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Thaw, i.e. having the illuminator of Boyajian pivot as in Thaw, for the predictable purpose of improving the range of treatments capable of being provided as shown in Thaw.
Regarding Claim 30, Boyajian teaches the system of Claim 9, further comprising a mounting mechanism defining a first axis and a second axis, the first axis being perpendicular to the second axis (mounting head 40, first and second axis are the x-plane and y-plane of the mounting head, Para. 0043, “As shown in FIGS. 1A-1B, the main body 100 of the illuminator may include a mounting head 40. The mounting head 40 may allow for the main body 100 to be mounted to a movable stand 80, which is shown in FIG. 4, to allow a user to easily move the main body 100 to the appropriate treatment position”), wherein the illuminator is configured to rotate about both of the first axis (x-axis, Para. 0042, “As shown in further detail in FIGS. 3A-3B, between the tabs 23 are the nested hinges 50, which are mounted to the inner side surfaces of adjacent panels (e.g., 10a, 10b) to allow for rotation of the panels”) and the second axis y-axis (pivot point 83, Para. 0043, “The mounting head 40 may allow for the main body 100 to be mounted to a movable stand 80, which is shown in FIG. 4, to allow a user to easily move the main body 100 to the appropriate treatment position. The stand 80 includes a base 81 and a vertical pillar 82. The base 81 may further include wheels 87 at its bottom in order to allow the user to horizontally move the illuminator to an appropriate position. The wheels 87 may include locks, such that the stand 80 is prevented from further horizontal movement once positioned. In addition, the vertical pillar 82 may be attached to the base 81 at a pivot point 83. The pivot point 83 allows the vertical pillar 82 to be rotated to increase the range of positioning for the illuminator”). Boyajian does not teach wherein the rotations are 180 degrees and 90 degrees.
However, Thaw teaches rotating the panels 90 degrees (Col. 4, Lines 20-27, “In the erected, operating position illustrated in FIG. 5, the canopy 8 is set to a generally horizontal orientation adapted to irradiate a person lying underneath. By pivoting the elbow column 17a counterclockwise by 90.degree. from the position shown in FIG. 5, the canopy will be set upright in the phantom-line position, adapted to irradiate a person's upper body and face, particularly when seated”) on an axis and 180 degrees on an axis (Fig. 1 vs Fig. 4, Col. 2, Lines 42-53, “Each flanking canopy panel 8b and 8c may be set at any position with respect to the central canopy panel 8a between and including a first limit position in which it is coplanar with the central canopy panel 8a and constitutes a continuation thereof and a second limit position in which it has been pivoted substantially 180.degree. inwardly from the first limit position onto the frontal face of the central canopy panel 8a. As seen in FIG. 1, the canopy 8 has parallel pivotal axes about which the canopy panels can swing relative to one another and which are parallel to the width and perpendicular to the length of the canopy”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Thaw, i.e. having the illuminator of Boyajian pivot as in Thaw, for the predictable purpose of improving the range of treatments capable of being provided as shown in Thaw.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyajian as applied to claim 9 above, and further in view of U.S. Patent Publication 20090012588 awarded to Springer, hereinafter Springer.
Regarding Claim 15, Boyajian teaches the system of Claim 9, further comprising a plate, the plate defined at least in part by an axis that extends through a center of the plate (Para. 0042, “A flange 51 of the hinge 50 is mounted to the inner side surface of a panel via bolts 53”). Boyajian does not teach wherein the illuminator is configured to rotate up to approximately 90 degrees around the axis relative to the plate.
However, in the art of portable phototherapy panels, Springer teaches rotating the panels 90 degrees as defined by the axis of the mounting plate (Fig. 5, Para. 0008, “The swivel plate allows the panels to be rotated by approximately 90 degrees. The upright support has a track that allows the swivel plate to move up and down the upright support”) for the purpose of increasing the available treatment sites (Para. 0037, “To treat the hands, for example, the panels 100a and 100b can be folded forward to face each other, rotated to the 90-degree position 1010 so as to be parallel to the floor, and lowered to the appropriate height (perhaps table height). Various other configurations can also be used to conform to different parts of the body which need treatment”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Springer, i.e. by using the rotation system of Springer in the device of Boyajian, for the predictable purpose of increasing the number of potential treatment sites as in Springer.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyajian as applied to claim 9 above, and further in view of U.S. Patent 4740707 awarded to Thaw, hereinafter Thaw, further in view of U.S. Patent Publication 20090012588 awarded to Springer, hereinafter Springer.
Regarding Claim 17, Boyajian teaches the system of Claim 9, wherein the arm comprises a stationary portion (Fig. 4, Para. 0043, “At a top end, the vertical pillar 82 includes a connecting arm 85, which may serve as a mounting structure for the main body 100”) and a movable portion (hinge point 86, Para. 0043, “The connecting arm 85 includes a hinge point 86 such that the main body 100 can be moved vertically relative to the stand 80”) a mounting mechanism comprising a bracket and a plate (Para. 0042, “A flange 51 of the hinge 50 is mounted to the inner side surface of a panel via bolts 53”). Boyajian does not teach wherein a first axis defined by a joint of the arm; a second axis defined by the bracket; and a third axis defined by the plate, wherein the movable portion is configured to rotate up to approximately 90 degrees around the first axis, the illuminator is configured to rotate up to approximately 180 degrees around the second axis, and the illuminator is further configured to rotate approximately 90 degrees around the third axis.
However, Thaw teaches rotating the panels 90 degrees (Col. 4, Lines 20-27, “In the erected, operating position illustrated in FIG. 5, the canopy 8 is set to a generally horizontal orientation adapted to irradiate a person lying underneath. By pivoting the elbow column 17a counterclockwise by 90.degree. from the position shown in FIG. 5, the canopy will be set upright in the phantom-line position, adapted to irradiate a person's upper body and face, particularly when seated”) on an axis and 180 degrees on an axis (Fig. 1 vs Fig. 4, Col. 2, Lines 42-53, “Each flanking canopy panel 8b and 8c may be set at any position with respect to the central canopy panel 8a between and including a first limit position in which it is coplanar with the central canopy panel 8a and constitutes a continuation thereof and a second limit position in which it has been pivoted substantially 180.degree. inwardly from the first limit position onto the frontal face of the central canopy panel 8a. As seen in FIG. 1, the canopy 8 has parallel pivotal axes about which the canopy panels can swing relative to one another and which are parallel to the width and perpendicular to the length of the canopy”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Thaw, i.e. having the illuminator of Boyajian pivot as in Thaw, for the predictable purpose of improving the range of treatments capable of being provided as shown in Thaw.
Further, in the art of portable phototherapy panels, Springer teaches rotating the panels 90 degrees as defined by the axis of the mounting plate (Fig. 5, Para. 0008, “The swivel plate allows the panels to be rotated by approximately 90 degrees. The upright support has a track that allows the swivel plate to move up and down the upright support”) for the purpose of increasing the available treatment sites (Para. 0037, “To treat the hands, for example, the panels 100a and 100b can be folded forward to face each other, rotated to the 90-degree position 1010 so as to be parallel to the floor, and lowered to the appropriate height (perhaps table height). Various other configurations can also be used to conform to different parts of the body which need treatment”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Springer, i.e. by using the rotation system of Springer in the device of Boyajian, for the predictable purpose of increasing the number of potential treatment sites as in Springer.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyajian as applied to claim 9 above, and further in view of U.S. Patent Publication 20140355248 awarded to Cursetjee et al, hereinafter Cursetjee.
Regarding Claim 20, Boyajian teaches the system of Claim 9, further comprising a patient cooling fan system (fans 70 and heat source 160, Para. 0070), the patient cooling fan system comprising: a fan plenum disposed in at least one of the plurality of panels (cool air entering a ‘C’, Fig. 9c, Para. 0070), the fan plenum defining an air path (Para. 0070, “For example, the fans 70 may be operated to circulate cooling air through the system. Further, cool air or room temperature air, which travels along a path indicated by arrows labeled ‘C’ in FIG. 9C, may be directed toward a heat exchanger in the heat source 160”); a plenum outlet disposed at the end of the air path (Fig. 9c, outlet at ‘H’, Para. 0070, “The heated air, which travels along a path indicated by arrows labeled ‘H’ in FIG. 9C, may be blown at relatively gentle flow rates”); and a fan (fans 70) arranged to force air through the fan plenum and the plenum outlet, wherein the air path and the plenum outlet (Para. 0070) are configured to allow air flow to move substantially parallel to a face of the at least one of the plurality of panels (Fig. 9c). Boyajian does not teach wherein a second fan plenum disposed in the panel, the second fan plenum comprising a second air path and a second plenum outlet, the second plenum outlet disposed proximate a first end of the panel; and a second fan configured to force air through the second air path and the second plenum outlet, wherein the first air path and the first plenum outlet are configured to allow air to flow substantially parallel to a face of the panel in a first direction, and wherein the second air path and the second plenum outlet are configured to allow air to flow substantially parallel to the face of the panel in a second direction, the second direction opposite the first direction.
However, in the art of cooling systems for illuminators, Cursetjee teaches a multi-vent cooling system for cooling the illuminating member (Para. 0050, “Additionally, the airflow passages 42 next to the illuminating member 44 may include cooling vents 60 that allow air to be re-directed to the illuminating member 44. The cooling vents 60 are in fluid communication with at least one of the airflow passages 42 and connect to the illuminating member 44. As the air 50 passes through airflow passages 42, some of the air 50 is directed into the cooling vents 60 and onto the illuminating member 44. Therefore, the cooling vents 60 allow the illuminating member 44 to be cooled during operation”) capable of usage with a fan arrays (Para. 0063) with parallel airflow crossing in opposite direction (Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Cursetjee, i.e. by using the multi-vent system of Curstjee in the system of Boyajian, for the predictable purpose of simply substituting one known cooling system for another.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyajian as applied to claim 9 above, and further in view of U.S. Patent 8734163 awarded to Gordin et al, hereinafter Gordin.
Regarding Claim 22, Boyajian teaches the system of Claim 9, further comprising an interface panel comprising a timer configured to adjust a treatment time for treating the patient (Para. 0052, “The illuminator may further include a timer, which can indicate to the user the appropriate length of exposure time for the particular treatment”). Boyajian does not teach wherein an interface panel removably coupled to the vertical column, the interface panel comprising: a power button configured to control a setting of the system; a status indicator configured to indicate a status of the system.
However, in the art of illuminators, Gordin teaches a removable interface panel comprising an indicator panel and power controls (Col. 17, Lines 28-37, “Similarly, in this embodiment as control panels/power cabinets 9/3 are added or removed from a mobile lighting evaluation system, their functionalities may be added or removed from user interface 100 by a network setup function 107; display 103 indicates power cabinets 3 active in the system. It is of note that one skilled in the art of wireless networking would know how a device (in this example, a power cabinet 3) is configured for a wireless network; as such, the details of network setup function 107 have been omitted”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyajian by Gordin, i.e. by using the removable control panel as the interface panel to control the system of Boyajian as in Gordin, for the predictable purpose of improving ease of control in the system of Boyajian as in Gordin.
Conclusion
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/JLM/
Examiner, Art Unit 3792
/AMANDA L STEINBERG/Examiner, Art Unit 3792