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 .
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 21 January 2026 and 24 March 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
This Office Action is responsive to the amendment filed 09 February 2026. As per the amendment: claims 23-24 remain withdrawn, claims 2, 6, and 25-45 have been cancelled, and claims 1, 3-5, 7-11, 14-15, and 17 have been amended. Thus, claims 1, 3-5, 7-22 are presently pending and under examination.
The amendments to the claims and specification have overcome the objections previously set forth in the Non-Final Office Action mailed 17 November 2025.
Response to Arguments
Response to Arguments Regarding 35 U.S.C. § 112
Applicant’s amendments to claims 1, 11, 14, and 17 have overcome the previously 35 U.S.C. 112(a) and 112(b) rejection set forth in the Non-Final Office Action mailed 17 November 2025.
Response to Arguments Regard 35 U.S.C. § 102/103
Applicant’s arguments, see pg. 4-7 of Remarks, filed 09 February 2026, with respect to the rejection(s) of claim(s) 1 under Zemmouri (US 2011/0184396 A1) in view of KR’702 (KR 101334702 B1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Altschuler et al. (US 2005/0154382 A1, previously cited), hereinafter Altschuler further in view of Schomacker et al. (US 2021/0077823 A1, previously cited), hereinafter Schomacker.
Applicant has amended independent claim 1 to recite the limitations of previously recited dependent claims 2, 6, and 8-9 and additionally the specific limitation of: “a beam splitter disposed between the first light transmitting portion and the second light transmitting portion, wherein the second light transmitting portion comprises a material having a higher thermal conductivity than a material of the first light transmitting portion, and wherein the controller is configured to control the heater based on a temperature of the light transmitting member to prevent or delay fogging on the light transmitting member.
Examiner agrees with Applicant’s argument that the amended limitation is not explicitly disclosed by the cited prior art references Zemmouri and KR’702 and has instead used Altschuler and Schomacker to reject the amended limitation, as described in detail below.
Thus, claims 1, 3-5, 7-12, and 20-21 are rejected under 35 USC 103 (as shown in detail below).
No specific additional argument were presented for previous 35 U.S.C. 103 rejection of dependent claims 13-19, nor specifically with respect to the previously cited references: Schomacker, Atshuler, Furuno, Island, and Solomon.
Thus, claims 13-19 are rejected under 35 USC 103 (as shown in detail below).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-5, 7-12, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zemmouri (US 2011/0184396 A1, previously cited), hereinafter Zemmouri in view of KR 101334702 B1 (previously cited), hereinafter KR’702 in view of Altschuler et al. (US 2005/0154382 A1, previously cited), hereinafter Altschuler further in view of Schomacker et al. (US 2021/0077823 A1, previously cited), hereinafter Schomacker.
Regarding claim 1, Zemmouri discloses a device for treating a skin lesion (Abstract: “handpiece for treating the skin”, [0001] “It is principally applied in the medical field of dermatology and more particularly for vascular, depilatory or pigmentary treatments.”) comprising:
a laser source (light energy source S, [0038] “the light source is a laser source”, Figures 2-4, [0050] “optical means L emitting a light beam FI”);
a light transmitting member (view Examiner Modified Figure 2, Figure 4: space E), including a top surface (Figure 4: exterior face 2b) that forms a laser transmission surface ([0057] “This second window 2 comprises an interior face 2a and an exterior face 2b opposite said face 2a… Moreover, the second window 2… enables the light beam Fl to pass through”) and a bottom surface (Figure 4: first exterior surface 1a) that forms a skin contacting surface ([0052] “The window 1 comprises a first exterior face 1a destine to be in contact with the skin”), wherein the light transmitting member allows a treatment laser beam from the laser source to transmit from the laser transmission surface to the skin contacting surface ([0051] “The handpiece of this first embodiment comprises a first window 1, through which a light beam Fl is intended to pass”, view Figure 3), and wherein the light transmitting member comprises a first light transmitting portion (Figure 2: a first window 1) and a second light transmitting portion (Figure 2: a second window 2);
a cooling unit (Rf1) including a thermoelectric element attached to one side of the light transmitting member and configured to cause the skin contacting surface of the light transmitting member to cool ([0053] “A first cooling means, for instance a thermoelectric Peltier-effect cooler Rf.sub.1 is fastened to the face 1b of the first window 1 and is intended to cool said window 1”, [0054] “its face Rf1a constitutes the cold face of the cooling means Rf1”); and
a heater attached to the light transmitting member ([0059] “Rf1 acts as a heat pump…“said heating means are intended to bring the temperature of the space E to a temperature higher than the condensation temperature of the gas enclosed in the space E”, It would be known to one skilled in the art that by maintain the temperature of the condensation temperature of the gas, it would prevent condensation or fog (i.e. moisture in the air) from developing.)
Zemmouri fails to explicitly disclose cooling the skin to thereby inducing vasoconstriction of a treatment site by cooling the treatment site with the skin contacting surface; a controller connected to the laser source and the cooling unit, and configured to: (i) control the cooling unit to cool the skin contacting surface, and (ii) control the laser source to irradiate the treatment laser beam onto the skin lesion in the treatment site while the treatment site is under vasoconstriction; a beam splitter disposed between the first light transmitting portion and the second light transmitting portion, wherein the second light transmitting portion comprises a material having a higher thermal conductivity than a material of the first light transmitting portion, and wherein the controller is further configured to prevent or delay fogging on the light transmitting member.
However, KR’702 (KR 101334702 B1) teaches an optical device for skin treatment ([0001]) wherein the device cooling the skin to thereby inducing vasoconstriction of a treatment site by cooling the treatment site with the skin contacting surface ([0046] “conventionally, when the skin is cooled, blood vessels contract and disappear from the surface of the skin”) ; a controller connected to the laser source and the cooling unit (control unit 400), and configured to: (i)control the cooling unit to cool the skin contacting surface, and (ii) control the laser source to irradiate the treatment laser beam onto the skin lesion while the treatment is under vasoconstriction ([0047] “the control unit 400 controls the light generating unit 100, the light irradiating unit 200 and the cooling unit 300 to irradiate the first light (S10) , The step of injecting the cooling gas (S20), and the step of irradiating the second light (S30).”, [0045] “When the skin surface is sufficiently cooled by the above step, the second light is irradiated to the target position (S30). At this time, the second light can provide thermal energy to the internal tissue of the skin through the cooled skin.”); wherein the controller is further configured to control the heater based on a temperature of the light transmitting member to prevent or delay fogging on the light transmitting member ([0037] “a temperature control member such as a heater (not shown) that can control the temperature of the cooling gas storage unit (310) may be installed…by controlling the temperature of the surface of the storage unit (310) using a temperature control member, condensation on the surface of the cooling gas storage unit can be prevented”, [0039] “a control unit (400) that controls each component”)
It would have been prima facia obvious for one of ordinary skill in the art to have modified Zemmouri to incorporate the teachings of KR’702 to have the device cooling the skin thereby inducing vasoconstriction of a treatment site by cooling the treatment site with the skin contacting surface; a control unit that controls the cooling unit and enables the treatment laser beam to be irradiated on the skin lesion in the treatment site under vasoconstriction by controlling the laser source; wherein the control unit controls the heater to prevent or delay fogging on the light transmitting member, as these prior art references are directed to skin treatment devices with laser. One would be motivated to do this to control the device and to treat the skin with sufficient thermal energy without damaging the skin, as recognized by KR’702 ([0007]).
It should be further noted that the apparatus claims cover what a device is, not what a device does. “Hewlett-Packard Co. c. Bausch & Lomb Inc., 909 5.2D 1464, 1469, 15 USPQ2d 1525, 1528 (Fed.Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Therefore, since the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipated or obviousness is established (See MPEP 2112.01) and therefore Zemmouri’s device is able to induce vasoconstriction of a treatment site and prevents or delay fogging on the light transmitting member.
Zemmouri and KR’702, alone or in combination, fails to teach a beam splitter disposed between the first light transmitting portion and the second light transmitting portion, wherein the second light transmitting portion comprises a material having a higher thermal conductivity than a material of the first light transmitting portion.
However, Atshuler teaches a handheld dermatological device for visualizing a skin treatment region prior to, during, or after the therapeutic treatment with therapeutic energy (Abstract) wherein the device further comprises a beam splitter (beam splitter 415) located between the first light transmitting portion and the second light transmitting portion ([0095] “The illustrative handheld device 112 further includes an image capture device 414, e.g., a CCD camera, for generating an image of a target region of the subject's skin. More particularly, as discussed in more detail below, radiation reflected from a skin target region can be directed by a beam splitter 415 to a lens 416 that in turn focuses the radiation onto the image capture device 414.”, view Figure 4B: snap-in lens 427 is equivalent to the second light transmitting portion, sapphire window 417 is interpreted to be the first light transmitting portion).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri and KR’702 to have a beam splitter located between the first light transmitting portion and the second light transmitting portion, as these prior art references and the instant application are directed to treating the skin using optical/laser means. One would be motivated to do this as the beam splitter would allow for the device to capture an image of the target region improving the efficacy and safety of the treatment and provide an opportunity for self-treatment with a cosmetic device suitable for home use ([0007]).
Zemmouri, KR’702, and Atschuler, alone or in combination, fail to teach wherein the second light transmitting portion comprises a material having a higher thermal conductivity than a material of the first light transmitting portion.
However, Schomacker teaches wherein the second light transmitting portion comprises a material having a higher thermal conductivity than a material of the first light transmitting portion ([0026] “The chilled tip 42 can be configured to include two plates, a sapphire plate for contacting the tissue 38 and a less thermally conductive glass plate with the cooling fluid 30 flowing in channel structure defined between the two plates. The glass plate minimizes condensation on top surface that faces the light source 19”, [0024] “The chilled tip 42 can be in the form of a window that is preferably made of transparent sapphire or quartz”, Examiner interprets the sapphire plate to be the second light transmitting portion, and the glass plate to be the first light transmitting portion.).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri in view of KR’702 in view of Atschuler incorporate the teachings of Schomacker to have the second light transmitting portion comprises a material having a higher thermal conductivity than a material of the first light transmitting portion, as these prior art references are directed to light therapy devices applied to the skin. One would be motivated to do this to choose a material that will minimize the condensation/fogging on the top surface that faces the light source, as recognized by Schomacker ([0026]).
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Regarding claim 3, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the first light transmitting portion and the second light transmitting portion are optically transparent ([0051] “The material of this first window 1 is thus chosen so as to be transparent for the wavelength or for a range of wavelengths of the light beam Fl.”, [0057] “a second window 2 transparent for the wavelength or the range of wavelengths of the beam Fl.”).
Regarding claim 4, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the first light transmitting portion includes quartz, sapphire, crystal, poly(methyl methacrylate), or polystyrene ([0051] “a window 1 out of sapphire may be chosen”).
Regarding claim 5, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further teaches where “the second window 2 is for instance made out of glass” ([0057]). Zemmouri, KR’702, and Altshuler alone or in combination, fail to teach wherein the second light transmitting portion includes quartz, sapphire, crystal, poly (methyl methacrylate), or polystyrene.
However, Schomacker teaches wherein the second light transmitting portion includes quartz or sapphire ([0026] “The chilled tip 42 can be configured to include two plates, a sapphire plate for contacting the tissue 38 and a less thermally conductive glass plate with the cooling fluid 30 flowing in channel structure defined between the two plates. The glass plate minimizes condensation on top surface that faces the light source 19”, [0024] “The chilled tip 42 can be in the form of a window that is preferably made of transparent sapphire or quartz”).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri in view of KR’702 in view of Altshuler to incorporate the teachings of Schomacker to have the second light transmitting portion includes quartz, sapphire, crystal, , poly (methyl methacrylate), or polystyrene, as these prior art references are directed to light therapy devices applied to the skin. One would be motivated to do this to choose a material that will minimize the condensation/fogging on the top surface that faces the light source.
Regarding claim 7, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the cooling unit includes the thermoelectric element ([0053] “A first cooling means, for instance a thermoelectric Peltier-effect cooler”).
Regarding claim 8, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the cooling unit comprises the thermoelectric element and a conductive member ([0055] “The warm face Rf.sub.1b of the cooler Rf.sub.1 is also fastened to a thermal transfer element, in particular a window support S, comprising a face Sa and a face Sb opposite said face Sa. The support S is for instance made out of copper and is arranged in such a manner that the ring of the cooler Rf.sub.1 is sandwiched between, on the one hand, the face 1b of the window 1 and, on the other hand, the face Sa of the support S. More precisely, the face Sa of the support S is fastened to the face Rf.sub.1b of the cooling means Rf.sub.1.”,[0070] “the first cooling means comprise for instance a Peltier-effect thermoelectric cooler Rf' and are associated with a first thermal transfer element, in particular a window support S' for the window 1, and with a second thermal transfer element, in particular a window support S'' for the window 2, the two supports being for instance made out of copper.”, [0067] “Rf.sub.1b of the cooler Rf.sub.1 tends to heat the support S through heat transfer from the sapphire window 1 towards said support S, the second cooling means Rf.sub.2 contributes to maintaining the temperature of the window 2 at between 15.degree. C. and 20.degree. C. by simultaneously cooling said support S.”, view Figure 4: the support S (i.e. Sa and Sb) is the conductive material and Rf2 (i.e. Rf2a and Rf2b) and Rf1 can be considered equivalent to the thermoelectric element).
Figure 1B (Instant Application)
Figure 4 (Zemmouri)
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Regarding claim 9, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 8 (as shown above). Zemmouri further discloses wherein the thermoelectric element is attached to the one side of the light transmitting member ([0053] “A first cooling means, for instance a thermoelectric Peltier-effect cooler Rf.sub.1 is fastened to the face 1b of the first window 1”).
Regarding claim 10, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 8 (as shown above). Zemmouri further discloses wherein the thermoelectric element is attached to the one side of the light transmitting member and also attached to the second light transmitting portion ([0053] –[0057] “a thermoelectric Peltier-effect cooler Rf.sub.1 is fastened to the face 1b of the first window 1…he warm face Rf.sub.1b of the cooler Rf.sub.1 is also fastened to a thermal transfer element, in particular a window support S…a second window 2 transparent for the wavelength or the range of wavelengths of the beam Fl is fastened on the base S.sub.1”, view Figure 4).
Regarding claim 11, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the conductive member (view Figure 4: the support, particularly Sb ) is placed between the thermoelectric element (Rf1) and the light transmitting member ([0059] “the cooling means Rf.sub.1 acts as a heat pump by taking up calories at a cold source (the window 1) to bring them to a heat source (the support S). Thus, the window 1 becomes cool, while the support S becomes warmer, as does the window 3, by conduction, which enables the temperature of the window 1 to be lowered upon contact with the skin of the patient and the gas enclosed within the space E to be heated.”).
Regarding claim 12, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker teaches the device of claim 11 (as shown above). Zemmouri, KR’702, and Altshuler, alone or in combination, fail to teach wherein the thermoelectric element comprises a heat absorption plate and a heat radiation plate contacting each other.
However, Schomacker teaches wherein the thermoelectric element comprises a heat absorption plate and a heat radiation plate contacting each other ([0032] “Hot side and cold side plates 72, 72′ respectively, sandwich each TEC 70”, view Figure 7A and 7B).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, and Altshuler to incorporate the teachings of Schomacker to have the thermoelectric element comprise a heat absorption plate and a heat radiation plate contact each other, as these prior art references are directed to light therapy devices applied to the skin. One would be motivated to do this as these heat absorption and heat radiation plates would be able to deliver cooling fluid over the hot side plate to chill the cold side of the thermoelectric cooler and thus cool the light guide to cool the biological tissue, as these prior art references are directed to Schomacker ([0006]).
Regarding claim 20, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the skin lesion is a pigmented lesion ([0048] “a cooled handpiece…is used for treating the skin of a patient by irradiation, in particular for a… pigmentary … treatment”)
Regarding claim 21, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses wherein the skin lesion is a non-pigmented lesion ([0048] “a cooled handpiece…is used for treating the skin of a patient by irradiation, in particular for a vascular…treatment”).
Regarding claim 22, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri further discloses the device further comprising a camera that obtains an image of the treatment site that comes into contact with the skin contacting surface ([0050] “an image acquisition device, for instance a camera C, for visualising on a screen (not represented) the treatment zone radiated by the light beam Fl.”
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zemmouri in view of KR’702 as applied to claim 11 above, and further in view of Furuno et al. (US 2002/0120315 A1, previously cited), hereinafter Furuno.
Alternatively, regarding claim 12, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 11 (as shown above). Zemmouri, KR’702, Altschuler, and Schomacker, alone or in combination, fail to teach wherein the thermoelectric element comprises a heat absorption plate and a heat radiation plate contacting each other.
However, Furuno teaches wherein the thermoelectric element comprises a heat absorption plate (plate 27, [0027] “one surface thereof in contact with the plate 27 serves as a heat-absorbing side (a cooling side)”) and a heat radiation plate contacting each other (plate 29, [0027] “the other surface in contact with the plate 29 serves as a heat-radiating side”, Figure 3).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altschuler, and Schomacker to incorporate the teachings of Furuno to have the thermoelectric element comprise a heat absorption plate and a heat radiation plate contacting each other, as these prior art references are directed to laser therapy devices. One would be motivated to do this to control the heat exchange/absorption occurring for cooling and heating the skin, as recognized by Furuno ([0027]).
Regarding claim 13, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker in view of Furuno teaches the device of claim 12 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach wherein the conductive member comprises a conductive base attached to the heat absorption plate of the thermoelectric element.
However, Furuno teaches wherein the conductive member (window frame 41, [0030] “The window frame 41 is made of aluminum having good thermal conductivity”) comprises a conductive base (back plate 41a, [0030] “The window frame 41…includes a back plate 41a”) attached to the heat absorption plate (plate 27) of the thermoelectric element ([0030] “The window frame 41 is detachable/attachable with respect to the attaching plate 27”, Figure 3).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Furuno have the conductive member comprise a conductive base attached to the heat absorption plate of the thermoelectric element, as these prior art references are directed to laser therapy devices. One would be motivated to do this to cool the window as its cooled by the Peltier device, as recognized by Furuno ([0030]).
Regarding claim 14, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker further in view of Furuno teaches the device of claim 12 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach wherein the conductive member comprises a conductive bridge placed between the thermoelectric element and the light emitting element.
However, Furuno teaches the conductive member comprises a conductive bridge (window frame 41, [0031] “The window frame 41 is made of aluminum having good thermal conductivity”) placed between the thermoelectric element (Peltier device 28) and the light transmitting member (Figure 3: window unit).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Furuno to have the conductive member comprise a conductive bridge placed between the thermoelectric element and the lighting element, as these prior art references are directed to skin laser therapy devices. One would be motivated to do this to absorb the heat of the skin that is transmitted through the window and thus lower the temperature of the window to cool the skin of the patient, as recognized by Furuno ([0033]).
Regarding claim 15, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker further in view of Furuno teaches the device of claim 13 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach the device further comprising an insulation material placed between the conductive base and the light transmitting portion.
However, Furuno teaches device further comprising an insulation material (heat insulating plate 46) placed between the conductive base and the light transmitting portion (Figure 3, [0032] “Numeral 46 is a heat insulating plate made of polyacetal resin for preventing the window frame 41 from absorbing heat from outside. This plate 46 is fixedly attached to the back plate 41a to insulate the second window 44 at the same time.”, ).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Furuno to have an insulation material placed between the conductive base and the light transmitting portion, as these prior art references are directed to laser therapy devices. One would be motivated to do this to prevent absorption of outside heat, as recognized by Furuno ([0032]).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker as applied to claim 1 above, and further in view of Island et al. (US 2004/0176823 A1, previously cited), hereinafter Island .
Regarding claim 16, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach the device further comprising a temperature sensor.
However, Island teaches a dermatological device wherein the device further comprises a temperature sensor (Figure 1: temperature sensor 50, [0070] “the device would also employ the use of a temperature sensor 50”).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Island to have the device further comprising a temperature sensor, as these prior art references are directed to a skin light therapy device. One would be motivated to do this to ensure that the temperature of the assembly/device is not at an excessive temperature but a proper temperature to contact the skin to prevent discomfort or damage to the skin, as recognized by Island ([0055], [0070]).
Regarding claim 17, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker further in view of Island teach the device of claim 16 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach wherein the temperature sensor is configured to detect the temperature of the light emitting member.
However, Island teaches wherein the temperature sensor is configured to detect the temperature of the light transmitting member ([0070] “a temperature sensor 50 to ensure that the assembly comprised of…window 10…are not at an excessive temperature prior to commencement of a treatment pulse”)
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri and KR’702 to incorporate the teachings of Island to have the temperature sensor configured to detect the temperature of the light transmitting member, as these prior art references are directed to a skin light therapy device. One would be motivated to do this to ensure that the temperature of the assembly/device is not at an excessive temperature but a proper temperature to contact the skin to prevent discomfort or damage to the skin, as recognized by Island ([0055], [0070]).
Regarding claim 18, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker further in view of Island teach the device of claim 16 (as shown above). Zemmouri further discloses temperature sensor is configured to detect a temperature of the cooling unit ([0008] “The cooling unit is subjected to temperature control means, which are linked to temperature sensors.”
Alternatively, Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach wherein the temperature sensor is configured to detect a temperature of the cooling unit.
However, Island teaches “a temperature sensor 50 to ensure that the assembly comprised of window 10, mixer 30, light source 20, and thermal battery 40 are not at an excessive temperature prior to the commencement of a treatment pulse” ([0070]) and wherein “the current invention uses a thermoelectric cooler module, also known as a Peltier-effect device” ([0074]).
Although, Island doesn’t specifically teach a temperature sensor detecting the temperature of a cooling unit, it would have been obvious to one skilled in the art that the temperature sensor would also detect the temperature of the thermoelectric cooler module (i.e. cooling unit) as it would be a part of the assembly.
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Island to have the temperature sensor configured to detect the temperature of a cooling unit, as these prior art references are directed to a skin light therapy device. One would be motivated to do this to ensure that the temperature of the assembly/device is not at an excessive temperature but a proper temperature to contact the skin to prevent discomfort or damage to the skin, as recognized by Island ([0055], [0070]).
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker as applied to claim 1 above, and further in view of Solomon et al. (US 2012/0041523 A1, previously cited), hereinafter Solomon.
Regarding claim 16, Zemmouri in view of KR’702 in view of Altshuler further in view of Schomacker teaches the device of claim 1 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach the device further comprising a temperature sensor.
However, Solomon teaches a hand held device for treatment of a skin treatment area wherein the device further comprising a temperature sensor (Figure 2 and 3: temperature sensor 160).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Solomon to have the device further comprising a temperature sensor, as these prior art references are directed to a skin light therapy device. One would be motivated to do this to make sure the skin temperature is maintained withing acceptable parameters as recognized by Solomon ([0061]).
Regarding claim 19, Zemmouri in view of KR’702 in view of Altshuler in view of Schomacker in view of Solomon teaches the device of claim 16 (as shown above). Zemmouri, KR’702, Altshuler, and Schomacker, alone or in combination, fail to teach wherein the temperature sensor is configured to detect a temperature of the treatment site.
However, Solomon teaches wherein the temperature sensor is configured to detect a temperature of the treatment site ([0051] “Temperature sensor 160 is arranged to sense a temperature associated with the temperature of one of skin treatment area 100 and skin treatment area portion 110.”).
It would have been prima facia obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zemmouri, KR’702, Altshuler, and Schomacker to incorporate the teachings of Solomon to have the temperature sensor configured to detect a temperature of the treatment site., as these prior art references are directed to a skin light therapy device. One would be motivated to do this to make sure the skin temperature is maintained withing acceptable parameters as recognized by Solomon ([0061]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ATTIYA SAYYADA HUSSAINI/Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792
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