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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the temperature sensor, heatsink, magnetic sensor and the kill switch must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “92”, the forward positioning carriage, has been used to designate the wrong feature in Figure 6, ‘92’ is depicted to point at ‘93’ the feet of Figure 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: ‘76’ of Figure 16. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 18 and 22 are objected to because of the following informalities:
Claim 1: the recitation of “An apparatus for massaging an eyelid to move meibum unidirectionally through a meibomian gland duct toward a gland duct orifice at the eyelid margin in order to clear meibum blockage in the gland duct”, should read --- An apparatus configured to massage an eyelid to move meibum unidirectionally through a meibomian gland duct toward a gland duct orifice at an eyelid margin in order to clear meibum blockage in a gland duct--- and the recitation of “wherein the follower is configured to impart massaging motion to the massage arm in response to rotation of the cam”, should read --- wherein the follower is configured to impart a massaging motion to the elongated massage arm in response to rotation of the cam---.
In addition, every recitation throughout other claims hereon of “massage arm” should read ---elongated massage arm---, to keep consistency and avoid any antecedent basis issues.
Claim 18: the recitation of “wherein the apparatus comprises a treatment arm that is actuatable from a retracted position to an treatment position”, should read --- wherein the apparatus comprises a treatment arm that is actuatable from a retracted position to a treatment position---.
Claim 22 the recitation of ” and meibomian gland duct orifices edge-on by redirection the chief collection rays of the micro cameras”, should read --- and meibomian gland duct orifices edge-on by redirection of the chief collection rays of the micro cameras---.
Appropriate correction is required.
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.
Claims 1, 7, 19 and 22 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.
Regarding claim 1, with the recitation of “follower” and “elongated massage arm”, it is unclear as to whether the follower and the elongated massage arm are different structures or are the same structure. Under broadest reasonable interpretation, without sufficient description of the follower and the elongated massage arm, it is interpreted to be that they are the same corresponding structure, in that the follower is comprised on the elongated massage arm or that there is a cam/ follower mechanism that helps with the massaging motion of the massage arm in the massage apparatus.
Additionally, with the recitation of “gland duct orifice”, and “gland duct”, it is unclear as to what specific gland is present. Under broadest reasonable interpretation, without sufficient description of the gland duct, it is interpreted to be that the gland duct is the meibomian gland and that the orifice is just a hole where meibum blockage can be cleared from the eyelid.
Regarding claim 19, the claim recites the limitation "the massage arms" in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is unclear as to whether the massage arms are the same as the massage arm that is previously recited. Under broadest reasonable interpretation, it is interpreted to be that there is only one massage arm in regards to prior art rejections.
Additionally, the claim recites the limitation “the treatment lever” in line 1. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear as to whether the treatment lever is the same as the treatment arm that is previously recited. Under broadest reasonable interpretation, it is interpreted to be that the treatment arm and the treatment lever are the same corresponding structure.
Regarding claim 22, the claim recites the limitation of “chief collection rays of the micro cameras” in line 4. There is insufficient antecedent basis for this limitation in the claim. Under broadest reasonable interpretation, it is interpreted to be that the micro cameras are only one camera.
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Figure 1: Annotated Figure 3 of Azar.
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Figure 2: Annotated Figure 15D of Kelleher.
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Figure 3: Annotated Figure 2B of Azar.
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, 10-17, 20-23 and 25 are rejected under 35 U.S.C. 103 as being obvious over Azar (US 20200360723 A1) in view of Kelleher (US 9763827 B2).
Regarding claim 1, Azar discloses an apparatus for massaging an eyelid to move meibum unidirectionally through a meibomian gland duct toward a gland duct orifice at the eyelid margin in order to clear meibum blockage in the gland duct (Azar [0029]; apparatus has unidirectional rotary motion capabilities- this allows it to move to the different sections of the eyelid, [0019] apparatus has the ability to massage the meibomian glands- this direct stimulation of the glands would help to clear meibum blockages);
the apparatus being configured to cyclically apply pressure to an application area of the eyelid, to move the applied pressure in a flow direction toward the gland duct orifice, and release the pressure applied to the application area of the eyelid (Azar [0029]; where the apparatus has unidirectional rotary motion capabilities- this would be cyclical because of the rotary motion, the pressure would release if the user moves the apparatus distal to the eyelid);
the apparatus comprising: a massaging assembly configured to support a massage tip (Figure 1 above; where there is a massage tip that is supported by the massaging assembly);
the massage tip being configured to apply the pressure to the application area of the eyelid (Azar [0052]; where the waveguide ‘122’ of Figure 1 above (massage tip is underneath) can compress the eyelid or other tissue between the waveguide ‘122’ and the scleral cover (eye shield));
a cam rotatable about an axis of rotation, the cam comprising a cam surface (Azar [0049]; where the cam can be rotated about an axis, the cam surface is the outside of the cam, Figure 2B ‘132’ cam – also is Figure 3 above);
and a follower comprising a follower surface in sliding engagement with the cam surface (Azar [0049]; the cam pushes against the follower causing the two elements to move distally towards the eye cup – sliding engagement, Figure 2B ‘134’ follower);
wherein the follower is configured to impart massaging motion to the massaging assembly in response to rotation of the cam (Azar [0049]; where the cam ‘132’ and follower ‘134’ mechanism push against each other to create an oscillating movement, that further causes the massaging assembly to move the eyecup ‘151’);
wherein the cam surface has a constant width curve configuration; wherein the cam is configured so that a center of the cam surface is offset from the axis of rotation of the cam (Azar [0049]; where the cam ‘132’ can be oscillating in movement (offset), and Figure 2B; where the cam ‘132’ is cylindrical (constant curve configuration)).
Azar is silent to a massage arm.
Kelleher discloses a massaging assembly for an eyelid comprising:
an elongated massage arm (Figure 2 above; where the elongated massage arm is configured to provide an oscillating pressure to the eyelid).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of Azar to include a massage arm as taught by Kelleher, since, a massage arm can prevent or limit the transmission of energy generated by the apparatus and because a massage arm allows for the further direction of energy generated by the apparatus to go towards a desired region of the eye (Kelleher [063]).
Regarding claim 2, modified Azar further discloses the apparatus recited in claim 1, wherein the cam and the follower are configured so that the massaging motion follows a rectangular path (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane), and the cam ‘132’ + follower ‘134’ can introduce an additional rocking/ tilting motion (y-plane) to the longitudinal oscillating motion – there is distal and proximal movement and upward and downward movement that would make a rectangular path).
Regarding claim 3, modified Azar further discloses the apparatus recited in claim 2, wherein the rectangular path is configured sequentially to be axially toward the eyelid into engagement with the application area (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane) – this is forward/ backward on the x-plane, allowing the apparatus to be axially shifted toward the eyelid into engagement);
linearly along the eyelid in the flow direction of the meibomian gland duct while engaged with the application area (Azar [0049], [0050]; the cam ‘132’ + follower ‘134’ can introduce an additional rocking/ tilting motion (y-plane) to the longitudinal oscillating motion – allowing for an up down motion, which would be in the flow direction/ against flow of the meibomian gland duct after being engaged as previously described);
axially away from the eyelid to disengage from the application area (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane) – this is forward/ backward on the x-plane, allowing the apparatus to be axially shifted away the eyelid to disengage from the application area);
and linearly in a direction opposite the flow direction while disengaged from the application area (Azar [0049], [0050]; the cam ‘132’ + follower ‘134’ can introduce an additional rocking/ tilting motion (y-plane) to the longitudinal oscillating motion – allowing for an up down motion, which would be in the flow direction/ against flow of the meibomian gland duct after being engaged as previously described – direction opposite of flow).
Regarding claim 4, modified Azar further discloses the apparatus recited in claim 1, wherein the cam and the follower are configured so that the massaging motion of the massaging comprises the following movements in a repeating cycle (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane) – this is forward/ backward on the x-plane – massaging movements that can be configured):
a first movement comprising moving from an initial position into engagement with and applying pressure to the application area of the eyelid (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane) – this is forward/ backward on the x-plane, allowing the apparatus to be axially shifted toward the eyelid into engagement – 1st movement capable);
a second movement comprising moving in the flow direction toward the gland duct orifice while applying pressure to the application area (Azar [0049], [0050]; the cam ‘132’ + follower ‘134’ can introduce an additional rocking/ tilting motion (y-plane) to the longitudinal oscillating motion – allowing for an up down motion, which would be in the flow direction/ against flow of the meibomian gland duct after being engaged as previously described – 2nd movement capable);
a third movement comprising moving away and disengaging from the eyelid (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane) – this is forward/ backward on the x-plane, allowing the apparatus to be axially shifted away the eyelid to disengage from the application area – 3rd movement capable)
and a fourth movement comprising returning to the initial position (Azar [0049], [0050]; the cam ‘132’ + follower ‘134’ can introduce an additional rocking/ tilting motion (y-plane) to the longitudinal oscillating motion – allowing for an up down motion, which would be in the flow direction/ against flow of the meibomian gland duct after being engaged as previously described – direction opposite of flow – 4th movement capable).
Regarding claim 5, modified Azar further discloses the apparatus recited in claim 1.
Azar discloses the apparatus for massaging an eyelid comprising:
the follower surface (Figure 3 above; where ‘134’ is the follower and it has a surface that touches the cam ‘132’).
Azar is silent to a massage arm.
Kelleher discloses a massaging assembly for an eyelid comprising:
a surface of the massage arm (Figure 2 above; where the elongated massage arm that has a surface and is configured to provide an oscillating pressure to the eyelid).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid with a follower surface for the massaging assembly of Azar to include a surface of the massage arm as taught by Kelleher, since, a massage arm can prevent or limit the transmission of energy generated by the apparatus and because a massage arm allows for the further direction of energy generated by the apparatus to go towards a desired region of the eye (Kelleher [063]).
Regarding claim 10, modified Azar further discloses the apparatus recited in claim 1, wherein the cam and follower are configured so that rotational motion of the cam produces a rectangular motion of the massage tip (Azar [0049], [0050]; the cam ‘132’ is configured to cause the waveguide ‘122’ (massage tip underneath, Figure 3 above), to oscillate along a longitudinal direction (x-plane), and the cam ‘132’ + follower ‘134’ can introduce an additional rocking/ tilting motion (y-plane) to the longitudinal oscillating motion – there is distal and proximal movement and upward and downward movement that would make a rectangular path).
Regarding claim 11, modified Azar further discloses the apparatus of claim 1, further comprising at least one source of infrared light configured to heat the meibum in the eyelid meibomian gland ducts through the massage tip either independently from the massage motion of the massage tip or simultaneously with the motion of the massage tips (Azar [0047]; where ‘120’ is a light source that is configured to heat the eyelid through the massage tip with the wavelength guide ‘122’, [0044]; heating the meibum with a light based heating element and with massaging from the massage tips and independently – under the wavelength guide ‘122’, [0080]; where the light source is infrared LEDs used).
Regarding claim 12, modified Azar further discloses the apparatus of claim 11, wherein the infrared light is emitted at a wavelength of about 900 nm to 1100 nm, preferably at a wavelength of about 985 nm to 1015 nm (Azar [011]; where the infrared LEDs range is 940nm-1000nm - which is both within the preferred and normal range).
Regarding claim 13, modified Azar further discloses the apparatus of claim 11, further comprising an eye shield configured to engage and cover at least a portion of the eye and to be positioned between the eye and the eyelid to shield the eye from the infrared light (Azar Figure 4 and [0007],[0056]; where ‘151’ is an eye shield that is configured to engage and cover at least a portion of the eye and [0008]; where the eye shield (scleral cover) ‘151’ helps protect the eye from infrared light).
Regarding claim 14, modified Azar further discloses the apparatus of claim 13, wherein the eye shield further comprises at least one temperature sensor configured to sense the temperature in the area of the eye and eyelids exposed to the infrared light (Azar [0068]; where the scleral cover ‘150’ (eye shield) can include a temperature sensor and [0067]; where the eyelid and eye temperature can be monitored with the temperature sensor – thereby being able to sense the temperature of the eyelids exposed to light too because of the use of the temperature sensor and conductive heat from the infrared light).
Regarding claim 15, modified Azar further discloses the apparatus of claim 13, wherein the eye shield comprises a translucent portion through which visible can pass (Azar [0009]; where there is a translucent portion on the scleral cover ‘151’ (eye shield) – this would allow visible light to pass);
the translucent portion being configured to allow for a camera to image the eyelids during treatment (Azar [0066] and Figure 4; where the ‘151’ eye shield portion allows for imaging of the eye/ eyelids of a patient).
Regarding claim 16, modified Azar further discloses the apparatus of claim 12, wherein the massage tip is configured to allow infrared radiation to pass through and apply heat to the eyelid (Azar [0007]; the massage tip of Figure 3 above has a wavelength guide ‘122’ that admits electromagnetic radiation through to the gland of an eyelid, [0008]; and is there to apply heat to the eyelid).
Regarding claim 17, modified Azar further discloses the apparatus of claim 13, further comprising latching arms with latching tips configured to move toward each other to a latching condition in which the latching tips latch a tab portion of the eye shield to secure the eye shield to the apparatus and constrain movement of the eye shield relative to the massage arms (Azar [0064], [0062]; where a latching feature can be used to couple the tab portion of the eye shield (scleral cover), instead of notches as shown in the Figures, to the housing of the device – this would constrain movement, thereby creating a latching condition).
Regarding claim 20, modified Azar further discloses the apparatus of claim 1, further comprising an LED array arranged to provide light for optical heating (Azar [0048]; where there is an LED array that is the lighting element for optical heating);
the LED array being configured for adjustment in brightness to provide high contrast imaging light for video imaging of the meibomian glands for a brief period during heating (Azar [0048], [0073]; where you can change the wavelength of the LED (which are in an array) and brightness and the controller adjusts the brightness depending on the temperature of the eyelid during heating – this would help video imaging during heating, [0009]; imaging component).
Regarding claim 21, modified Azar further discloses the apparatus of claim 20, wherein the LED heating array is supported on a PCBA connected to a heat sink, and wherein the PCBA also supports mounting of a micro camera (Azar Figure 2a/b ‘126’: heat sink, [0046]; heatsink mounted on a circuit board with LEDs (in an array and do heating), [0054]; micro camera, Azar Figure 3; where ‘160’ is the imaging component and ‘129’ are the LEDs in an array that are on the circuit board as stated before).
Regarding claim 22, modified Azar further discloses the apparatus of claim 21, wherein the eye shield further comprises a transparent portion that includes one or more embedded mirror surfaces, the mirror surfaces being configured to allow the micro camera to view the eyelid and meibomian gland duct orifices edge-on by redirection the chief collection rays of the micro cameras towards the upper and lower eyelid margins (Azar Figure 7; angled viewing window ‘159’ of scleral cover (eye shield) assembly ‘150’ with a transparent portion allows for imaging on the angled window ‘159’ of centrals rays going through – chief collection rays, [0060]; reflective dielectric coating can be on the eye shield (mirror surface) and Figure 9; where ‘159’ can be angled towards the eyelids ‘25’, [0067], [0054]; micro cameras);
Regarding claim 23, modified Azar further discloses the apparatus of claim 20, further comprising a fan and a heatsink for cooling the LED array (Azar [0047]; where the fan ‘127’ is coupled to the heat sink ‘126’ to direct air and disperse heat generated by the light element (LED array) ‘120’).
Regarding claim 25, modified Azar further discloses the apparatus of claim 1, wherein the cyclically applied pressure is configured to be 8 psi or less (Azar [0086]; where the pressure from the eye shield (scleral cover) is 1-2psi – this is less than 8psi).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being obvious over Azar (US 20200360723 A1) in view of Kelleher (US 9763827 B2), further in view of Kawakami (EP 0645132 A1).
Regarding claim 6, modified Azar discloses the apparatus recited in claim 1.
Modified Azar discloses the massaging apparatus comprising:
a massage arm (Figure 2 above; where the elongated massage arm is configured to provide an oscillating pressure to the eyelid).
Modified Azar is silent to wherein the follower comprises an opening in the massage arm and wherein the cam is positioned in the opening.
Kawakami discloses a massaging apparatus wherein:
the follower comprises an opening and wherein the cam is positioned in the opening (Figure 4 below; where the follower comprises an opening);
the opening having a width greater than a width of the constant width curve of the cam surface, the width of the opening being configured to allow the cam to rotate within the opening while engaging the follower surface (Figure 4 below; where the opening is a width greater than a width of the constant width curve of the cam surface and it allows the cam to rotate with the opening while engaging with the follower surface).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid with a massage arm of modified Azar to include an opening where the cam is positioned and allows the cam to rotate withing the opening while engaging with the follower surface as taught by Kawakami, since, the cam with the follower is eccentric from the axis and allows the cam member to keep in constant contact with the follower – which allows for a more consistent power/ energy delivery of the massaging motion (Kawakami [0019-0020]).
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Figure 4: Annotated Figure 8 of Kawakami.
Regarding claim 7, modified Azar in view of Kawakami further discloses the apparatus recited in claim 6, wherein the opening has a generally square shape (Figure 4 above; where the opening has a generally square shape).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being obvious over Azar (US 20200360723 A1) in view of Kelleher (US 9763827 B2), further in view of Kawakami (EP 0645132 A1), and even further in view of giannisarcone.com (https://www.giannisarcone.com/wp/reuleaux-triangle-intermittent-mechanisms/[1]), hereinafter Sarcone.
Regarding claim 8, modified Azar in view of Kawakami discloses the apparatus recited in claim 7.
Modified Azar in view of Kawakami fails to disclose wherein the cam is configured so that the cam surface is maintained in constant contact with all four sides of the square opening of the follower.
Sarcone discloses a Reuleaux-triangle intermittent mechanism wherein:
the cam is configured so that the cam surface is maintained in constant contact with all four sides of the square opening of the follower (Figure 5 below; where the cam has a cam surface that is in constant contact with all four sides of the square opening of the follower).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of modified Azar in view of Kawakami by replacing the cam with a cam that is maintained in constant contact with all four sides of the square opening of the follower as taught by Sarcone, since, this shape and configuration allows for the massage arm to form a complete rotation while staying within the square opening (Sarcone [01]).
Regarding claim 9, modified Azar discloses the apparatus recited in claim 1.
Azar is silent to the apparatus further comprising a pin/slot mechanism that supports the massage arm on the housing, the pin/slot mechanism comprising a fixed pin supported on the housing and a slot on the massage arm through which the pin extends, wherein the massage arm is configured to pivot about the fixed pin and to slide on the fixed pin along the length of the slot.
Kelleher discloses a massaging assembly for an eyelid comprising:
a pin/slot mechanism that supports the massage arm on the housing (Figure 2 above; where there is a pin/slot mechanism that supports the massage arm on the housing);
the pin/slot mechanism comprising a fixed pin supported on the housing and a slot through which the pin extends (Figure 2 above; where there is a fixed pin on the housing and a slot where the fixed pin goes into connected with the massage arm);
wherein the massage arm is configured to pivot about the fixed pin and to slide on the fixed pin along the length of the slot (Figure 2 above; when the lever ‘182’ is pressed down, the slot will pivot about the fixed pin about the length of the slot to help create oscillating movement for the eyelid).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of Azar to include a pin/slot mechanism as taught by Kelleher, since this configuration allows for the massage arm to be moveable along a path to contact the surface of the eyelid or to apply pressure to the eyelid, while still keeping a fixed spatial relationship relative to other parts of the device (Kelleher [068]).
Modified Azar fails to disclose wherein the slot is on the massage arm.
Sarcone discloses the Reuleaux-triangle intermittent mechanism wherein:
a pin/slot mechanism is on the surface of the cam/follower mechanism (Figure 5 below where there is a slot of the pin/slot mechanism that is on the same surface as the follower and the follower in turn is a massage arm because it is doing the motion of a follower mechanism).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of modified Azar in view of Kawakami by replacing the pin/ slot mechanism with a slot on the same face as the follower mechanism as taught by Sarcone, since this shape and configuration allows for the massage arm to form a complete rotation while staying within the square opening (Sarcone [01]).
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Figure 5: Annotated Figure 1 of Sarcone.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being obvious over Azar (US 20200360723 A1) in view of Kelleher (US 9763827 B2), and further in view of Yamada (JP 2018094420 A).
Regarding claim 18, modified Azar discloses the apparatus of claim 17.
Azar discloses the eyelid massaging apparatus comprising:
latching arms with the latching condition when in the treatment position, and to move the latching arms to the release condition when in the retracted position (Azar [0064], [0062]; where a latching feature can be used to couple the tab portion of the eye shield (scleral cover), instead of notches as shown in the Figures, to the housing of the device – this would constrain movement, thereby creating a latching condition and the latching feature being capable of releasing the tab portion if it can couple the eye shield tab portion);
and an eye shield tab portion (Azar Figure 4; ‘154’ eye shield tab portion).
Azar fails to disclose a treatment arm.
Kelleher discloses an eyelid massaging apparatus comprising:
wherein the apparatus comprises a treatment arm that is actuatable from a retracted position to an treatment position, wherein the treatment arm is configured to move (Kelleher Figure 15D; where there is an actuator for the treatment that is actuatable from a retracted position to a treatment position and [102]; where the actuator may be a lever to move the unit towards the eyelid).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of Azar to include a treatment arm as taught by Kelleher, since this configuration allows for a slidable relationship and movement of the linked parts with the use of an actuator / lever, which makes movements more cohesive (Kelleher [078]).
Modified Azar fails to disclose wherein the treatment arms include a spring member.
Yamada discloses an eye dropping support tool wherein:
the nozzle includes a spring member configured to bias the nozzle to the retracted condition when released so that a quick- release of the nozzle is effectuated automatically (Yamada [0072]; where the nozzle ‘14’ of Figure 2 is supported on the member ’13 via a biasing means such as a spring, when moving the container body ‘11’, it moves against the biasing force of the biasing means, and when moving backwards, it returns to the original position by the urging force – springing force allows for a quick- release).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of modified Azar to include a spring that biases the release of treatment as taught by Yamada, since a spring allows for the positional relationship of a mechanical piece to return to its original position and allows for the treatment to be actuated as well (Yamada [0072-0073]).
Regarding claim 19, modified Azar in view of Yamada further discloses the apparatus of claim 18, wherein the treatment lever is also configured to control actuation of a forward positioning carriage that carries the massage arms (Figure 2 above where there is a portion behind the lever (forward positioning carriage), acts as a gear portion that propels the lever ‘182’ forward into the massage arm with also the pin/slot mechanism towards the eyelid ‘14’, actuation is controlled by moving the lever accordingly);
the treatment lever being configured to move the forward positioning carriage linearly to position the massage arms in a retracted condition when not applying massage motion, and an extended position for applying massage motion to the eyelids (Figure 2 above; where the lever can move the forward positioning carriage linearly with the massage arm forwards/ backwards – thereby creating a retracted condition (backwards) and an extended position (forwards)).
Claim 24 is rejected under 35 U.S.C. 103 as being obvious over Azar (US 20200360723 A1) in view of Kelleher (US 9763827 B2), and further in view of Jung (KR 20200099677 A).
Regarding claim 24, modified Azar further discloses the apparatus of claim 20, comprising the treatment arm (Figure 2 above; where ‘182’ is an actuator lever for treatment of massaging motion towards the eyelid ‘14’);
and a LED array (Azar [0048]; where there is an LED array that is the lighting element for optical heating).
Modified Azar is silent to a magnetic sensor that is linked electronically to a kill switch for turning off an LED array.
Jung discloses the LED potable skin care device comprising:
a magnetic sensor linked electronically to a kill switch for turning off the LED array, wherein the magnetic sensor activates the kill switch by sensing the proximity of one or more magnets mounted on the lid (Jung [0106]; where the power cut off part ‘310’ is installed on the magnet ‘320’ installed inside the lid ‘300’, and the PCB for light irradiation to detect magnetism, this consists of a hall sensor ‘340’ – a hall sensor can detect magnetism on the lid and is electronically connected to a power cut- off part (kill switch mechanism) and [0106]; where the power (connected to LEDs) can be shut off by magnetism).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus for massaging an eyelid of modified Azar to include a magnet sensor linked electronically to a kill switch as taught by Jung, since a hall sensor electronically linked to a power cut off system, allows for the power to be automatically shut off when magnetism is detected, thereby also preventing a part from being opened by magnetism in the housing (Jung [0106-0109].
References Cited
[1] Sarcone, G. (2017, November 12). Reuleaux-triangle intermittent mechanisms. Sarconista. https://www.giannisarcone.com/wp/reuleaux-triangle-intermittent-mechanisms/
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Huang (CN 109248055 A): massage chair capable of alleviating eye fatigue.
Olkowski (US 20150182415 A1): eyelid car appliance.
Chan (GB 2288323 A): a vibrating brush.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785