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 .
This office action is responsive to the application filed 04/24/2023 which claims 1-22 have been presented for examination.
The preliminary amendment filed 04/24/2023 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 04/24/2023, 08/09/2023, 08/16/2023, 03/19/2024, 09/27/2024, and 10/23/2024 have been considered by the examiner.
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.
Claim 13 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the wearable illumination device" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-9, and 12-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brawn et al. (US 2023/0210453) (hereinafter “Brawn”).
Re claims 1-5: Brawn discloses an illumination system, comprising:
an illumination device, comprising a metal substrate, a living hinge, and a set of lighting elements coupled to the metal substrate (paragraphs 0429-0434);
wherein the metal substrate comprises copper (paragraphs 0360, 0433);
wherein the living hinge comprises cutouts on the metal substrate (fig. 19);
wherein the set of lighting elements comprises light emitting diodes that are supported by a set of printed circuit boards and connected via a set of cables (paragraph 0563); and
wherein the set of lighting elements comprises optical fibers (paragraph 0538).
Re claim 7, Brawn further discloses the illumination system of claim 1, further comprising a sensor attached or otherwise coupled to the metal substrate (paragraph 0438).
Re claims 8 and 9, Brawn further discloses a control unit coupled to the illumination device, and comprising a user interface (paragraphs 0450-0453); and wherein the control unit is configured to adjust an intensity of the set of lighting elements via pulse-width modulation (paragraph 0387).
Re claim 12, Brawn further discloses the illumination system of claim 1, wherein the set of lighting elements comprise a set of optical fibers coupled to a set of LEDs (paragraphs 0538).
Re claim 13, Brawn further discloses a control unit coupled to the illumination device, and a sensor configured to collect data relating to at least one of the control unit and a user of the control unit, wherein the controller unit is configured to adjust an intensity of the set of lighting elements based on data obtained by the sensor (paragraphs 0387, 0438, 0450-0453).
Re claims 14-21: Brawn discloses an illumination system, comprising:
an illumination device, comprising a metal substrate, and a set of lighting elements coupled to the metal substrate on a first side (paragraphs 0429-0434);
wherein the metal substrate comprises copper (paragraphs 0360, 0433);
wherein the metal substrate comprises a living hinge (fig. 19);
wherein the set of lighting elements comprises light emitting diodes that are supported by a set of printed circuit boards and connected via a set of cables (paragraph 0563);
wherein the set of lighting elements comprises optical fibers (paragraph 0538);
a sensor coupled to a control unit configured to adjust an intensity of the set of lighting elements based on sensor data obtained from the sensor (paragraphs 0387, 0438, 0450-0453);
wherein the illumination device is an implantable device (paragraphs 0171, 0345-0348); and
wherein the illumination device is formed as a container and delivers to an objected housed therein (paragraphs 0345-0348).
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) 6 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brawn in view of Egana-Erazo (US 2016/0058861), cited by the applicants. The teachings of Brawn have been discussed above.
Re claim 6, Brawn further discloses wherein the illumination device is wearable on a portion of a wearer, and wherein the illumination device comprises a fastener (fig. 18; paragraphs 0429, 0431).
Brawn fails to specifically teach a photosynthetic scaffold.
Egana-Erazo discloses an illumination system comprising an illumination device; and a photosynthetic scaffold, wherein the illumination device is wearable on a portion of a wearer having the photosynthetic scaffold (paragraphs 0029-0032).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to combine the teachings of Brawn and Egana-Erazo in order to apply light therapy to treat various medical conditions such as skin disorders.
Re claim 22, Brawn discloses a system, comprising:
a wearable illumination device, comprising a substrate, a living hinge, and a set of lighting elements coupled to the substrate (paragraphs 0429-0434); and wherein the wearable illumination device is sized and dimensioned to be worn over a portion of a wearer body (paragraphs 0429, 0431).
Brawn fails to specifically teach a photosynthetic scaffold.
Egana-Erazo discloses an illumination system comprising an illumination device; and a photosynthetic scaffold, wherein the illumination device is wearable on a portion of a wearer having the photosynthetic scaffold (paragraphs 0029-0032).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to combine the teachings of Brawn and Egana-Erazo in order to apply light therapy to treat various medical conditions such as skin disorders.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brawn.
Re claim 10, Brawn discloses wherein the set of lighting elements can be arranged in any manner (paragraphs 0371 and 0386), but fails to specifically teach wherein the set of lighting elements are arranged as rhomboids. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to arranged the lighting elements as rhomboids as it would have been an obvious matter of design choice of the manufacturer.
Re claim 11, Brawn discloses wherein the set of lighting elements can be arranged in any manner (paragraphs 0371 and 0386), but fails to specifically teach wherein the set of lighting elements are arranged as hexagons. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to arranged the lighting elements as hexagons as it would have been an obvious matter of design choice of the manufacturer.
Conclusion
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/APRIL A TAYLOR/
Examiner, Art Unit 2876
/THIEN M LE/Primary Examiner, Art Unit 2876
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