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 .
Claim Rejections - 35 USC § 102
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.
(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, 3, 8, 9, 45, 51-53, 55, and 56 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being unpatentable by Bean(US 20140121631 A1).
Regarding claim 1, Bean discloses a laser therapy device, comprising a controller, a laser generator, an input device and a driving power supply, the driving power supply connected to the controller, and the laser generator connected to the driving power supply, and the input device is connected to the controller(The system comprises a laser engine for generating light that is applied to the target spots of skin and a controller that drives the laser engine to generate light to maintain the temperature in the target spots within the desired heating temperature range by controlling, in pulses or continuously, at least one beam parameter of the laser engine including an energy intensity, pulse width, or a time delay between pulses, such that one or more of the beam parameters change throughout the application of the energy[0029]); wherein the controller is configured to receive an instruction and send out a control signal; the laser generator is configured to emit pulsed laser light, and the laser generator has at least two different laser generation modes of a harmonic pulse mode(FIG. 11 is a graphical view showing a pulse pattern in which pulses change in pulse width with the same interval between pulses, pulse intensity, providing a fixed temperature profile in the dermis;[0042]), a fixed pulse mode(FIG. 10 is a graphical view showing a pulse pattern in which pulses are constant in pulse intensity, pulse width and change in intervals between pulses, providing a fixed temperature profile in the dermis[0041]) and a super pulse mode(FIG. 12 is a graphical view showing a pulse pattern in which pulses change in pulse width and change in intervals between pulses with fixed pulse intensity, giving a fixed temperature profile in the dermis;[0043]); the driving power supply is configured to receive the control signal, and drive the laser generator to emit pulsed laser light in a corresponding laser generation mode according to the control signal, the input device configured to send out an instruction related to laser generation mode(There can be more than 3 power levels used within the laser system 10[0063]. ] In general, the controller of the of the control board 9 drives the laser engine 7 to generate light to maintain the temperature in the target spots within the desired heating temperature range by controlling, in pulses or continuously, at least one beam parameter of the laser engine 7 including an energy intensity, pulse width, or a time delay between pulses, such that one or more of the beam parameters change throughout the application of the energy[0056]).
Regarding claim 3, Bean discloses the laser therapy device according to claim 1,wherein, in the harmonic pulse mode, the laser generator is configured to emit n pulses with different pulse widths at an equal pulse interval in one period, wherein n is a positive integer which is equal to or greater than 2- in the fixed pulse mode, the laser generator is configured to emit n pulses with same pulse widths at different pulse intervals in one period, where n is a positive integer which is equal to or greater than 3;in the super pulse mode, the laser generator is configured to emit n pulses with different pulse widths at different pulse intervals in one period, wherein n is a positive integer which is equal to or greater than 3(Fig. 10, fixed pulse mode, FIG. 10 is a graphical view showing a pulse pattern in which pulses are constant in pulse intensity, pulse width and change in intervals between pulses, providing a fixed temperature profile in the dermis[0041]. Fig. 12, Super pulse mode, FIG. 12 is a graphical view showing a pulse pattern in which pulses change in pulse width and change in intervals between pulses with fixed pulse intensity, giving a fixed temperature profile in the dermis[0043]. Fig. 11, Harmonic pulse mode, FIG. 11 is a graphical view showing a pulse pattern in which pulses change in pulse width with the same interval between pulses, pulse intensity, providing a fixed temperature profile in the dermis[0042]).
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Regarding claim 8, Bean discloses the laser therapy device according to claim 1,wherein the controller is configured to control the laser generator according to a pre-stored correspondence between patient skin tones and the laser generation modes of the laser generator; and/or wherein the controller is configured to control the laser generator according to a correspondence between patient age groups and the laser generation modes of the laser generator; and/or wherein the controller is configured to control the laser generator according to a correspondence between patient treatment parts and the laser generation modes of the laser generator(The examples shown in FIGS. 8 & 9 changes the laser energy output by varying the power level per pulse and the number of pulses at each power level. This is accomplished by having a steady stream of pulses of high power, which can be followed by pulses of medium power, and then pulses of lower power. All of these pulses have the same time delay between them and the same pulse width. In this example, the high power pulses drive the skin temperature quickly to the expected desired level then the medium power tapers off the increase of the temperature rise such that it does not overshoot the desired level. The lower power level provides enough energy to maintain the desired temperature in the skin. These patterns are typically predetermined for particular skin conditions, skin types, and lasers, and stored in a control device such as a computer[0085]).
Regarding claim 9, Bean discloses the laser therapy device according to claim 8, wherein, as the patient skin tone gets darker, the controller is configured to control a total irradiation time, total output power and total output energy of the laser light emitted from the laser generator to decrease-;and/or wherein, as the patient skin tone gets darker, the controller is configured to control the respective laser irradiation times for the harmonic pulse mode, the fixed pulse mode and the super pulse mode to decrease, wherein the laser irradiation time for the fixed pulse mode decreases the most; and/or wherein, as the patient skin tone gets darker, the controller is configured to control the respective laser output energies for the harmonic pulse mode, the fixed pulse mode and the super pulse mode to decrease, wherein the laser output energy for the fixed pulse mode decreases the most, the laser output energy for the harmonic pulse mode decreases the second most, and the laser output energy for the super pulse mode decreases the least(The examples shown in FIGS. 8 & 9 changes the laser energy output by varying the power level per pulse and the number of pulses at each power level. This is accomplished by having a steady stream of pulses of high power, which can be followed by pulses of medium power, and then pulses of lower power. All of these pulses have the same time delay between them and the same pulse width. In this example, the high power pulses drive the skin temperature quickly to the expected desired level then the medium power tapers off the increase of the temperature rise such that it does not overshoot the desired level. The lower power level provides enough energy to maintain the desired temperature in the skin. These patterns are typically predetermined for particular skin conditions, skin types, and lasers, and stored in a control device such as a computer[0085]).
Regarding claim 45, Bean discloses the laser therapy device according to claim 1 wherein the driving power supply is an adjustable constant current source, and the driving power supply is configured to receive the control signal and convert the control signal into a current signal to drive the laser generator to emit pulsed laser light in a corresponding mode; and/or wherein the input device is a display screen(More specifically, as shown in FIGS. 8 and 9, the pulsed group power generated under the control of the controller of the control board 9 is not constant and typically starts out at a high power level and long pulse duration until the desired temperature is reached. At this point, one or more of the pulse attributes or parameters (pulse power/laser current, pulse width, and time delay between pulses) is changed by the controller of the control board 9 to lower the amount of power applied into the skin from that point forward so as to maintain the temperature at a relatively constant level. In FIGS. 8 and 9, the laser power level is decreased once the desired temperature is reached or anticipated to be reached by the controller of the control board 9. The transition from initially driving high levels of energy (optical fluence) into the skin to maintaining the skin temperature can occur in many steps or configurations, utilizing different combinations of pulse attributes/parameters to attain the identical and desired outcome[0083])
Regarding claim 51, Bean discloses a storage medium, in which a computer program is stored, wherein the computer program, when executed, realizes: receiving an instruction and sending out a control signal; driving a laser generator, according to the control signal, to emit pulsed laser light in at least two different laser generation modes of a harmonic pulse mode, a fixed pulse mode and a super pulse mode(The system comprises a laser engine for generating light that is applied to the target spots of skin and a controller that drives the laser engine to generate light to maintain the temperature in the target spots within the desired heating temperature range by controlling, in pulses or continuously, at least one beam parameter of the laser engine including an energy intensity, pulse width, or a time delay between pulses, such that one or more of the beam parameters change throughout the application of the energy[0029]. There can be more than 3 power levels used within the laser system 10[0063]. ] In general, the controller of the of the control board 9 drives the laser engine 7 to generate light to maintain the temperature in the target spots within the desired heating temperature range by controlling, in pulses or continuously, at least one beam parameter of the laser engine 7 including an energy intensity, pulse width, or a time delay between pulses, such that one or more of the beam parameters change throughout the application of the energy[0056]. FIG. 10 is a graphical view showing a pulse pattern in which pulses are constant in pulse intensity, pulse width and change in intervals between pulses, providing a fixed temperature profile in the dermis[0041]. FIG. 11 is a graphical view showing a pulse pattern in which pulses change in pulse width with the same interval between pulses, pulse intensity, providing a fixed temperature profile in the dermis;[0042]. FIG. 12 is a graphical view showing a pulse pattern in which pulses change in pulse width and change in intervals between pulses with fixed pulse intensity, giving a fixed temperature profile in the dermis[0043]).
Regarding claim 52, Bean discloses the storage medium according to claim 51, wherein the laser generator comprises three different laser generation modes comprising a harmonic pulse mode, a fixed pulse mode and a super pulse mode; wherein in the harmonic pulse mode, the laser generator is configured to emit n pulses with different pulse widths at an equal pulse interval in one period, wherein n is a positive integer which is equal to or greater than 2; in the fixed pulse mode, the laser generator is configured to emit n pulses with same pulse widths at different pulse intervals in one period, where n is a positive integer which is equal to or greater than 3; in the super pulse mode, the laser generator is configured to emit n pulses with different pulse widths at different pulse intervals in one period, wherein n is a positive integer which is equal to or greater than 3(Fig. 10, fixed pulse mode, FIG. 10 is a graphical view showing a pulse pattern in which pulses are constant in pulse intensity, pulse width and change in intervals between pulses, providing a fixed temperature profile in the dermis[0041]. Fig. 12, Super pulse mode, FIG. 12 is a graphical view showing a pulse pattern in which pulses change in pulse width and change in intervals between pulses with fixed pulse intensity, giving a fixed temperature profile in the dermis[0043]. Fig. 11, Harmonic pulse mode, FIG. 11 is a graphical view showing a pulse pattern in which pulses change in pulse width with the same interval between pulses, pulse intensity, providing a fixed temperature profile in the dermis[0042]).
Regarding claim 53, Bean discloses the storage medium according to claim 51, wherein a correspondence between patient skin tones and the laser generation modes of the laser generator is pre-stored in the storage medium-; and/or wherein a correspondence between patient age groups and the laser generation modes of the laser generator is pre-stored in the storage medium(The examples shown in FIGS. 8 & 9 changes the laser energy output by varying the power level per pulse and the number of pulses at each power level. This is accomplished by having a steady stream of pulses of high power, which can be followed by pulses of medium power, and then pulses of lower power. All of these pulses have the same time delay between them and the same pulse width. In this example, the high power pulses drive the skin temperature quickly to the expected desired level then the medium power tapers off the increase of the temperature rise such that it does not overshoot the desired level. The lower power level provides enough energy to maintain the desired temperature in the skin. These patterns are typically predetermined for particular skin conditions, skin types, and lasers, and stored in a control device such as a computer[0085]).
Regarding claim 55, Bean discloses the storage medium according to claim 51, wherein the laser generator has at least three different laser generation modes, and the computer program, when executed by a processor, realizes: sending out a corresponding laser generation control signal according to a received instruction related to treatment parts and a pre-stored correspondence between treatment parts and the laser generation modes of the laser generator; driving the laser generator to emit pulsed laser light in a corresponding laser generation mode according to the laser generation control signal; and/or wherein the laser generator has at least two different laser generation modes, and the computer program, when executed by a processor, realizes: sending out a corresponding laser generation control signal according to a received instruction related to edematous tissues and a pre-stored correspondence between edematous tissues and the laser generation modes of the laser generator ;driving the laser generator to emit pulsed laser light in a corresponding laser generation mode according to the laser generation control signal(Upon initial power up in step 101, the lowest power level is automatically set by for the user by the system control program of the controller of the control board 9. In step 102, the user may now press the power button 4 such as a power/program select button 4 to change the power/program that will be used once the laser is in operation[0062]. There can be more than 3 power levels used within the laser system 10. In one example, 5 power levels are used. This enables the user to select the best level to meet their needs during use and ideally avoid any physical discomfort to the user[0063]).
Regarding claim 56, Bean discloses the storage medium according to claim 51, wherein the laser generator has at least three different laser generation modes, and the computer program, when executed by a processor, realizes: sending out a corresponding laser generation control signal according to a received instruction and a pre-stored correspondence between therapeutic effects/treatment tissues and the laser generation modes of the laser generator; driving the laser generator to emit pulsed laser light in a corresponding laser generation mode according to the laser generation control signal(There can be more than 3 power levels used within the laser system 10[0063]. At step 106, if the safety sensor 8 is fully engaged on the skin, the controller of the control board 9 will begin firing the light emitting device 7 in step 107 according to the pre-programmed power level selected in step 102. During the firing of the light emitting device in step 107, the controller of the control board 9 will continually poll the safety sensor 8 in step 108 to ensure it is fully engaged against the skin. If step 108 shows the safety sensor 8 continues to be fully engaged, it will then determine if the program is done step 109 based on the pre-programmed timers and pulsing program. If the program is not done in step 109, it will cycle back to step 107 and continues the treatment program. If the safety sensor 8 in step 108 is ever determined to be not fully engaged with the skin, then the system 10 controls will immediately stop providing energy to the light emitting device 7 and will move to step 110[0066]).
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.
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.
Claims 6, 13, and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Bean.
Regarding claim 6, Bean discloses the laser therapy device according to claim 3, wherein, in the harmonic pulse mode and/or the super pulse mode, a pulse width TN+1 of an (N+1)th pulse and a pulse width TN of an Nth pulsesatisfy:TN+1. TN wherein, B is an average energy coefficient which is a positive integer equal to or greater than 2, and N is a positive integer; or-,wherein in the fixed pulse mode and/or the super pulse mode, a pulse interval tk between an (N+1)th pulse and an Nth pulse and a pulse interval tk+1 between an (N+2)th pulse and an (N+1)th pulse satisfy: wherein, is an average power coefficient which is a positive integer equal to or greater than 2, and N is a positive integer(Fig. 10, fixed pulse mode, FIG. 10 is a graphical view showing a pulse pattern in which pulses are constant in pulse intensity, pulse width and change in intervals between pulses, providing a fixed temperature profile in the dermis[0041]. Fig. 12, Super pulse mode, FIG. 12 is a graphical view showing a pulse pattern in which pulses change in pulse width and change in intervals between pulses with fixed pulse intensity, giving a fixed temperature profile in the dermis[0043]. Fig. 11, Harmonic pulse mode, FIG. 11 is a graphical view showing a pulse pattern in which pulses change in pulse width with the same interval between pulses, pulse intensity, providing a fixed temperature profile in the dermis[0042]. he attributes of optical power, pulse width (also referred to as pulse duration), time delay between pulses, and total number of pulses dictate the total time and total energy during a treatment cycle[0007]).
Bean does not explicitly include the equations of claim 6, however, all of the parameters required in the equation are found in Bean as well as graphs that represent each the pulse mode, similar to those graphs found in the application specification. It would be obvious that the descriptions as well as the graphs in Bean would satisfy the claimed limitations.
Regarding claim 13, Bean discloses the laser therapy device according to claim 8,wherein, as the patient age increases, the controller is configured to control a total irradiation time, total output power and total output energy of the laser light emitted from the laser generator to increase:;and/or wherein, as the patient age increases, the controller is configured to control the respective laser irradiation times for the harmonic pulse mode, the fixed pulse mode and the super pulse mode to increase, wherein the laser irradiation time for the fixed pulse mode increases the most; and/or wherein, as the patient age increases, the controller is configured to control the respective laser output energies for the harmonic pulse mode, the fixed pulse mode and the super pulse mode to increase, wherein the laser output energy for the fixed pulse mode increases the most, the laser output energy for the harmonic pulse mode increases the second most, and the laser output energy for the super pulse mode increases the least(The system 10 is utilized for treating skin tissue and selected dermatological conditions. Such conditions include acne, skin wrinkles, hair removal, skin discoloration such as age spots, and bacterial, viral, and, fungal infections[0051]. The examples shown in FIGS. 8 & 9 changes the laser energy output by varying the power level per pulse and the number of pulses at each power level. This is accomplished by having a steady stream of pulses of high power, which can be followed by pulses of medium power, and then pulses of lower power. All of these pulses have the same time delay between them and the same pulse width. In this example, the high power pulses drive the skin temperature quickly to the expected desired level then the medium power tapers off the increase of the temperature rise such that it does not overshoot the desired level. The lower power level provides enough energy to maintain the desired temperature in the skin. These patterns are typically predetermined for particular skin conditions, skin types, and lasers, and stored in a control device such as a computer[0085]).
Bean does not explicitly reference patient age, however, Bean does specify skin condition as a factor is stored in the control device to determine the parameters of the laser therapy treatment. Age is an element of skin condition, so it is therefore obvious that Bean teaches the claimed material.
Regarding claim 60, Bean discloses the storage medium according to claim 52, wherein, in the harmonic pulse mode and/or the super pulse mode, a pulse width TN+1 of an (N+1)th pulse and a pulse width TN of an Nth pulsesatisfy:TN+1, TN wherein, B is an average energy coefficient which is a positive integer equal to or greater than 2, and N is a positive integer; or wherein, in the fixed pulse mode and/or the super pulse mode, a pulse interval tk between an (N+1)th pulse and an Nth pulse and a pulse interval tk+1 between an (N+2)th pulse and an (N+1)th pulsesatisfy: tK+1K wherein, is an average power coefficient which is a positive integer equal to or greater than 2, and N is a positive integer(Fig. 10, fixed pulse mode, FIG. 10 is a graphical view showing a pulse pattern in which pulses are constant in pulse intensity, pulse width and change in intervals between pulses, providing a fixed temperature profile in the dermis[0041]. Fig. 12, Super pulse mode, FIG. 12 is a graphical view showing a pulse pattern in which pulses change in pulse width and change in intervals between pulses with fixed pulse intensity, giving a fixed temperature profile in the dermis[0043]. Fig. 11, Harmonic pulse mode, FIG. 11 is a graphical view showing a pulse pattern in which pulses change in pulse width with the same interval between pulses, pulse intensity, providing a fixed temperature profile in the dermis[0042]. he attributes of optical power, pulse width (also referred to as pulse duration), time delay between pulses, and total number of pulses dictate the total time and total energy during a treatment cycle[0007]).
Bean does not explicitly include the equations of claim 60, however, all of the parameters required in the equation are found in Bean as well as graphs that represent each the pulse mode, similar to those graphs found in the application specification. It would be obvious that the descriptions as well as the graphs in Bean would satisfy the claimed limitations.
Claim(s) 18, 25, 32, 33, 39, 47, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Bean in view of Bellinger(US 10589120 B1).
Regarding claim 18, Bean discloses the laser therapy device according to claim 8,but fails to disclose wherein the input device is configured for a user to select different treatment parts with different amounts of muscle, wherein as the amount of muscle in the treatment part decreases, the controller is configured to control a total irradiation time of the laser light emitted from the laser generator to decrease-; and/or wherein the input device is configured for a user to select different treatment parts with different bone sizes, wherein as the bone size of the treatment part decreases, the controller is configured to control a total output power of the laser light emitted from the laser generator to decrease; and/or wherein the input device is configured for a user to select different treatment parts with different numbers of bones, wherein as the number of bones in the treatment part increases, the controller is configured to control a total output energy of the laser light emitted from the laser generator to decrease; wherein the treatment parts comprise at least two of hands, back, legs, elbows and feet.
However, Bellinger teaches “Alternatively, control unit 120 may be configured to pre-populate or have pre-defined values for any of fields 442, 444, or 446 depending on the mode selected, laser therapy treatment session type, treatment session duration, body area to be treated, patient type, patient information, or other pre-defined or pre-configured settings. Here, once fields 432-436 and 442-446 are manually populated by the operator or any combination of which is automatically pre-populated by the control unit, then the apparatus is ready to begin the treatment session((Detailed Description of the Embodiments, paragraph 33)”.
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It would be obvious to one of ordinary skill in the art before the effective filing date to configure the laser treatments of Bean to include the user selection of the body part treated of Bellinger. Doing so would specify what part of the body is receiving therapy and the proper parameters for treatment can be used.
Regarding claim 25, Bean discloses the laser therapy device according to claim 8, wherein the controller is configured to adopt three treatment stages for at least one treatment part, wherein a first stage adopts a fixed pulse mode, a second stage adopts a super pulse mode, a third stage adopts a harmonic pulse mode(In any of the preceding examples (FIG. 8-14), the number of pulses within each laser pulse grouping can be varied and the number of groupings may be varied of the controller of the control board 9 to further refine the control of the energy into the skin and desired temperature outcome within the skin. For example, instead of 3 transition steps there may be 2, 4, 5, 6, or more than 6, in examples[0092]), but Bean fails to disclose and the three stages satisfy at least one of the followings: a total laser irradiation time in the three stages for each treatment part is 5-8 seconds; a total laser output power in the three stages for each treatment part is 10-40W; a total laser output energy in the three stages for each treatment part is 200-600J-_ wherein, the controller is configured to control the laser irradiation time for the fixed pulse mode in the first stage to be different for treating different treatment parts, and control the laser irradiation times for the super pulse mode in the second stage and the harmonic pulse mode in the third stage to be same for treating different treatment parts.
However, Bellinger teaches “Here, in one embodiment, a laser therapy type, operating time, cycles, power, and beam profile can be controlled via control unit 120 and main unit 110(Detailed Description of the Embodiments, paragraph 30). In another aspect of the disclosure described herein, a method of alleviating the physical symptoms associated with acute or chronic inflammatory conditions is disclosed. Here, the method can include receiving a mode of operation, wherein the mode of operation comprises a continuous wave, pulsed, or semi-continuous wave mode of operation to emit a laser beam having a wavelength ranging from 1060 nm up to and including 1325 nm, receiving a power output for the laser beam, and receiving a frequency for the laser beam. The method can also include upon receiving the mode of operation, power output, and frequency, then emitting the laser beam having the wavelength ranging from 1060 nm up to and including 1325 nm. In addition, the power output ranges for the laser beam can also be from 1 W up to and including 42 W(Brief Summary, 8)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the laser treatments of Bean to include the wattage range of Bellinger. Doing so would specify the range of power the laser treatment can have to satisfy all the different groups/modes of treatment.
Regarding claim 32, Bean discloses the laser therapy device according to claim 6, but fails to disclose wherein the input device is configured for a user to select different therapeutic effects and/or treatment tissues, and input an instruction related to edematous tissue and/or treatment tissues to the controller, wherein the therapeutic effects comprise inflammation elimination pain relief and edema treatment, and the treatment tissues comprise bones, muscles and edematous tissues; the controller is configured to receive the instruction and send out a corresponding control signal according to a pre-stored correspondence between instructions related to therapeutic effects and/or edematous tissues and the laser generation modes of the laser generator.
However, Bellinger teaches “what is needed is a laser irradiation system, method, and apparatus that is easy to use, has a simple user interface control unit, and can generate optical energy at specified or range of wavelengths, power levels, and beam profiles, among others, to treat acute or chronic inflammation, wounds, and autoimmune deficiency conditions, among others, without ablating the target tissue or surrounding tissue(Background, paragraph 4). All of these combined processes and events are represented by the symptoms of edema, inflammation, pain and functional debility. Laser light therapy of the present disclosure described herein can be effective in mediating both the aforementioned symptoms and the underlying inflammatory process. Here, the laser light energy pulses of the disclosure described herein can be adjusted to penetrate more deeply and more aggressively into the skin tissue, depending on the condition and goals of treatment. The light energy, which can be delivered by either a large device that emits multiple laser panels at once, or a hand-held device for smaller targeted areas, which will pass through the skin layers to reach the cells and tissue causing the pain and inflammation. Here, the laser device can also be held against the skin over the area being treated, and the light energy is absorbed and converted to biochemical energy which stimulates the cells. The activity activates the natural healing process of the cells, which reduces pain, increases blood flow, and stimulates repair of the tissue.(Brief Description of the Drawing, paragraph 55)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the laser treatments of Bean to include the edema tissue treatment of Bellinger. Doing so would specify the user modifications based on inflammation of the edema tissue.
Regarding claim 33, Bean in view of Bellinger teaches the laser therapy device according to claim 32, wherein the controller is configured to control the laser light emitted from the laser generator so that a total irradiation time of the laser light for pain relief is longer than a total irradiation time of the laser light for inflammation elimination(Bean - In another example, the second group of pulses provides less energy/time than the first group of pulses and greater than the third group of pulses. Preferably, a group of pulses after the initial group of pulses provides less energy/time than the first group of pulses and less than a subsequent group of pulses[0022]); and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total irradiation time of the laser light for treating muscle pain is longer than a total irradiation time of the laser light for treating bone pain, and a total irradiation time of the laser light for treating muscle inflammation is longer than a total irradiation time of the laser light for treating bone inflammation; and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total output power of the laser light for pain relief is greater than a total output power of the laser light for inflammation elimination; and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total output power of the laser light for treating muscle pain is greater than a total output power of the laser light for treating bone pain, and a total output power of the laser light for treating muscle inflammation is greater than a total output power of the laser light for treating bone inflammation; and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total output energy of the laser light for pain relief is smaller than a total output energy of the laser light for inflammation elimination; and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total output energy of the laser light for treating muscle pain is larger than a total output energy of the laser light for treating bone pain, and a total output energy of the laser light for treating muscle inflammation is larger than a total output energy of the laser light for treating bone inflammation.
Regarding claim 39, Bean in view of Bellinger teaches the laser therapy device according to claim 32, wherein the controller is configure to control the laser light emitted from the laser generator to treat any one of muscle pain, bone pain, muscle inflammation and bone inflammation in three stages, wherein a first stage adopts a fixed pulse mode, a second stage adopts a harmonic pulse mode, and a third stage adopts a super pulse mode( Bean - In any of the preceding examples (FIG. 8-14), the number of pulses within each laser pulse grouping can be varied and the number of groupings may be varied of the controller of the control board 9 to further refine the control of the energy into the skin and desired temperature outcome within the skin. For example, instead of 3 transition steps there may be 2, 4, 5, 6, or more than 6, in examples[0092]. In another example, the second group of pulses provides less energy/time than the first group of pulses and greater than the third group of pulses. Preferably, a group of pulses after the initial group of pulses provides less energy/time than the first group of pulses and less than a subsequent group of pulses[0022]), but Bean fails to disclose the three stages satisfy at least one of the followings: a total laser irradiation time in the three stages ranges from 3 minutes to 6 minutes, wherein, a laser irradiation time for the harmonic pulse mode in the second stage is the longest, and a laser irradiation time for the super pulse mode in the third stage is the second longest, a laser irradiation time for the fixed pulse mode in the first stage is the shortest; a total laser output power in the three stages is 20W-40W, wherein, when treating muscle pain and bone pain, a laser output power for the super pulse mode in the third stage is the largest, a laser output power for the harmonic pulse mode in the second stage is the second largest, and a laser output power for the fixed pulse mode in the first stage is the smallest; when treating muscle inflammation and bone inflammation, a laser output power for the harmonic pulse mode in the second stage is the largest, a laser output power for the fixed pulse mode in the first stage is the second largest, and a laser output power for the super pulse mode in the third stage is the smallest; a total laser output energy in the three stages is 200J-600J, wherein, when treating bone pain and muscle pain, a laser output energy for the fixed pulse mode in the first stage is the largest, a laser output energy for the super pulse mode in the third stage is the second largest, and a laser output energy for the harmonic pulse mode in the second stage is the smallest; when treating bone inflammation and muscle inflammation, a laser output energy for the super pulse mode in the third stage is the largest, a laser output energy for the fixed pulse mode in the first Preliminary Amendment stage is the second largest, and a laser output energy for the harmonic pulse mode in the second stage is the smallest.
However, Bellinger teaches “Here, in one embodiment, a laser therapy type, operating time, cycles, power, and beam profile can be controlled via control unit 120 and main unit 110(Detailed Description of the Embodiments, paragraph 30). In another aspect of the disclosure described herein, a method of alleviating the physical symptoms associated with acute or chronic inflammatory conditions is disclosed. Here, the method can include receiving a mode of operation, wherein the mode of operation comprises a continuous wave, pulsed, or semi-continuous wave mode of operation to emit a laser beam having a wavelength ranging from 1060 nm up to and including 1325 nm, receiving a power output for the laser beam, and receiving a frequency for the laser beam. The method can also include upon receiving the mode of operation, power output, and frequency, then emitting the laser beam having the wavelength ranging from 1060 nm up to and including 1325 nm. In addition, the power output ranges for the laser beam can also be from 1 W up to and including 42 W(Brief Summary, 8)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the laser treatments of Bean to include the wattage range of Bellinger. Doing so would specify the range of power the laser treatment can have to satisfy all the different groups/modes of treatment.
Regarding claim 47, Bean in view of Bellinger teaches the laser therapy device according to claim 32, but Bean fails to disclose wherein the edematous tissues comprising tendons, muscles, joints and bones; wherein the controller is configured to control total irradiation times of the laser light emitted from the laser generator for treating joint edema, tendon edema, bone edema, and muscle edema to decrease sequentially-;and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total output power of the laser light for treating muscle edema is the largest, and total output powers of the laser light for treating bone edema and tendon edema decrease sequentially; and/or wherein the controller is configured to control the laser light emitted from the laser generator so that a total output energy of the laser light for treating joint edema is the largest, and a total output energy of the laser light for treating bone edema is the smallest.
However, Bellinger teaches “In a further embodiment of the disclosure described herein, there may be multiple sequential surface area irradiations in a uniform, discrete, continuous, pulsed manner, or a combination thereof, to expose the maximum number of underlying inflamed or affected “reactive” cells. This sequential irradiation method can further include major blood cell concentrations in vascular structures as well as specific organ sites. Here, special attention can be directed to the irradiation of all or specific surrounding structures around acute or chronic inflammatory processes. Alternatively, the laser device may automatically be pre-programmed to operate, or move about, to direct the laser beam on one or more areas of a patient for specific predefined time periods, continuous or pulsed operation, wavelengths, beam profiles, and power outputs, among others(Brief Description of the Drawing, paragraph 36). ). All of these combined processes and events are represented by the symptoms of edema, inflammation, pain and functional debility. Laser light therapy of the present disclosure described herein can be effective in mediating both the aforementioned symptoms and the underlying inflammatory process(Brief Description of the Drawing, paragraph 55)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the laser treatments of Bean to include the edema tissue treatment of Bellinger. Doing so would specify the user modifications based on inflammation of the edema tissue.
Regarding claim 50, Bean in view of Bellinger teaches the laser therapy device according to claim 32,wherein the edematous tissues comprising tendons, muscles, joints and bones; wherein the controller is configured to control the laser light emitted from the laser generator to treat any one of tendon edema, muscle edema, joint edema and bone edema in a first stage and a second stage sequentially, wherein the first stage adopts a fixed pulse mode, the second stage adopts a harmonic pulse mode(Bean - n any of the preceding examples (FIG. 8-14), the number of pulses within each laser pulse grouping can be varied and the number of groupings may be varied of the controller of the control board 9 to further refine the control of the energy into the skin and desired temperature outcome within the skin. For example, instead of 3 transition steps there may be 2, 4, 5, 6, or more than 6, in examples[0092]. In another example, the second group of pulses provides less energy/time than the first group of pulses and greater than the third group of pulses. Preferably, a group of pulses after the initial group of pulses provides less energy/time than the first group of pulses and less than a subsequent group of pulses.[0022]), and the first stage and the second stage satisfy at least one of the followings: a total laser irradiation time in the first stage and the second stage ranges from 2 minutes to 5 minutes, wherein a laser irradiation time for the harmonic pulse mode in the second stage is longer than a laser irradiation time for the fixed pulse mode in the first stage; a total laser output power in the first stage and the second stage ranges from lOW to 20W; a total laser output energy in the first stage and the second stage ranges from 200J to 400J.
However, Bellinger teaches “Here, in one embodiment, a laser therapy type, operating time, cycles, power, and beam profile can be controlled via control unit 120 and main unit 110(Detailed Description of the Embodiments, paragraph 30). In another aspect of the disclosure described herein, a method of alleviating the physical symptoms associated with acute or chronic inflammatory conditions is disclosed. Here, the method can include receiving a mode of operation, wherein the mode of operation comprises a continuous wave, pulsed, or semi-continuous wave mode of operation to emit a laser beam having a wavelength ranging from 1060 nm up to and including 1325 nm, receiving a power output for the laser beam, and receiving a frequency for the laser beam. The method can also include upon receiving the mode of operation, power output, and frequency, then emitting the laser beam having the wavelength ranging from 1060 nm up to and including 1325 nm. In addition, the power output ranges for the laser beam can also be from 1 W up to and including 42 W(Brief Summary, 8)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the laser treatments of Bean to include the wattage range of Bellinger. Doing so would specify the range of power the laser treatment can have to satisfy all the different groups/modes of treatment.
Conclusion
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/MARIA CATHERINE ANTHONY/Examiner, Art Unit 3796
/TAMMIE K MARLEN/Primary Examiner, Art Unit 3796