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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/20/2026 has been entered.
Response to Arguments
Applicant's arguments, filed 02/20/2026, have been fully considered but they are not persuasive. Additionally, since the amendments to independent claims 1, 6, and 11 change the scope of claims 1, 3, 5-6, 8, 10-11, 13, and 15 and do not merely incorporate limitations from previous dependent claims, a new grounds of rejection is made in view of previously applied references as well as new reference 122 Foot & Ankle Pad - HealthLight. (2022, February 11). HealthLight. https://web.archive.org/web/20220529113118/https://healthlightllc.com/red-light-therapy-devices/122-foot-ankle-pad/ as explained in further detail below.
Applicant contends that that the second module (the lower section of the T) has a greater density of LEDs per unit area than the first module (the upper section of the T), where this specific structural relationship - a differential LED density between the two modules - is absent from every cited reference, and where a person of ordinary skill in the art, without knowledge of Applicant's invention, would have had no reason to arrive at this specific LED density relationship. Examiner respectfully disagrees.
Although Figure 1 of Applicant’s disclosure discloses the second module having a greater density of LEDs per unit area than the first module, Applicant has disclosed no criticality to this greater density in the specification filed 04/24/2023, where the specification reads “Each module 120/122 includes a multiplicity of light-emitting elements 116 that as a group form a light-emitting array 118” on page 5 ( See MPEP 2144.05 regarding criticality). Different densities of LEDs are required in order to optimize the device for different body parts of a user, and it would be obvious to have an area with a higher density of LEDs in order to do so since no reasoning is given as to why this specific density is optimal. Furthermore, since no optimal reasoning is given for the claimed densities, one having ordinary skill in the art would have had a reasonable expectation of success, and it would not have required undue experimentation to alter the referenced combination to determine LED densities.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the originally filed Specification dated 4/24/2023 lacks antecedent basis for the claim term “intended use”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 6, and 11 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 claims 1, 6, and 11, the claimed limitation of “the second module having a greater density of LEDs per unit area than the first module” is unclear because the unit of measure for density is area such that the utilized terminology is redundant. For the purpose of examination, Examiner interprets that “a greater density of LEDs per unit area” means a greater density of LEDs within the second module.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (U.S. Pub. No. 2014/0288351 A1) in view of Bar-Natan et al. (hereinafter “Bar”) (U.S. Pub. No. 2012/0209162 A1), T-pad 263 red. Inlight Therapy, Inc. (2025, March 6). https://inlighttherapyinc.com/product/t-pad-263-red/ (hereinafter “Inlight”), 122 Foot & Ankle Pad - HealthLight. (2022, February 11). HealthLight. https://web.archive.org/web/20220529113118/https://healthlightllc.com/red-light-therapy-devices/122-foot-ankle-pad/ (hereinafter “HealthLight”), and Verheem (U.S. Pub. No. 2021/0001148 A1).
Regarding claim 1, Jones teaches a flexible light therapy device (Abstract, where “A light source apparatus including light spectrum-converting materials that emit light … flexible or rigid light source may be designed into a wide range of sizes or shapes that can be adjusted to fit over or around portions of the bodies of humans”) comprising:
a body with one or more perforated edges (Figure 1, see the “ports for air flow through the module interior.” Examiner takes the position that these ports are equivalent to perforated edges since they are along the edge of the body of the light source apparatus and have holes equivalent to perforations, which are apertures that pass through or into something.);
an LED array for emitting therapeutic light (¶[0082], where “The device may be configured as comprising rows or columns of said LEDs on one or more flexible circuit connection backing arrangements, and/or comprising a multiplicity of rigid LED modules that can be placed so as to provide therapy light from two or more angles.” Examiner takes the position that the rows or columns of LEDs are equivalent to an LED array.);
the LED array integrated into the body (Figure 2, where the LED strips integrate into the body of the device); and
a disposable cover placed over the body (¶[0231], where “Patients may use disposable or reusable transparent materials over their skin to minimize contamination of the light therapy system or the patient”).
Although Jones teaches a repositionable strap, where the strap mechanism is able to be connected by an adequate system to hold the light therapy system in place (¶[0229], which teaches “a strap mechanism to hold the treatment system in place on the patient. The strap can be connected to the device by Velcro, buttons, snaps, zippers, clamps, adhesives, gels, suction, or any other adequate system that can hold the light therapy system in place”), Jones does not explicitly teach the specific strap locks as claimed, and does not teach that the one or more perforated edges acting as strap attachment points; the LED array separated into a first module and a second module; the first module being wider than the second module, the first module and the second module forming a T- shape; the second module having a greater density of LEDs per unit area than the first module; the disposable cover including two perforated edges with cover holes; the cover holes aligned with holes in the one or more perforated edges of the body; a first repositionable strap lock and a second repositionable strap lock, each formed from a repositionable tab with two mushroom-shaped heads; the two mushroom-shaped heads removably locking into holes of the one or more perforated edges adjacent to the second module, fixing its repositionable strap lock in a temporary location; the two mushroom-shaped heads engaging adjacent holes in the perforated edges to prevent rotation of its repositionable strap lock with respect to the one or more perforated edges; the first repositionable strap lock and the second repositionable strap lock connected to opposite ends of a repositionable strap; whereby when the first repositionable strap lock and the second repositionable strap lock are removed, the disposable cover is released from the flexible body for disposal; nor whereby the first repositionable strap lock and the second repositionable strap lock can be moved to best suit an intended use.
Bar, which is concerned with a similar problem of securing a medical device to the body of a patient, teaches a fastening mechanism for a pelvic splint (Abstract), and further teaches the one or more perforated edges acting as strap attachment points (Figure 3A, linkage formations 302, where the linkage formations are perforations along the edge of the band, ¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200”);
a first repositionable strap lock and a second repositionable strap lock (¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200 by mushroom buttons 202 that mate or couple with formations 302. Inserting button 202 in a wide section of formation 302 and pushing into the narrow section connects and secures band 300 to buckle 200,” Figure 3A, buckle 200, mushroom buttons 202, and linkage formations 302, which are shown on either side of buckle 200. Examiner takes the position that the buckle with mushroom buttons is equivalent to a repositionable strap lock since the buckle attaches to the linkage formations, being repositionable to fit into any of the linkage formations and forming a repositionable tab. Additionally, Examiner takes the position that there is a first and second repositionable strap lock since there are two sides to buckle 200, both having mushroom buttons that insert into the linkage formations.), each formed from a repositionable tab with two mushroom-shaped heads (¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200 by mushroom buttons 202 that mate or couple with formations 302. Inserting button 202 in a wide section of formation 302 and pushing into the narrow section connects and secures band 300 to buckle 200.” Examiner takes the position that the buckle with mushroom buttons is equivalent to a repositionable strap lock since the buckle attaches to the linkage formations, being repositionable to fit into any of the linkage formations and forming a repositionable tab, that the mushroom buttons of the buckle are equivalent to mushroom-shaped heads, and that are two sets of mushroom-shaped heads such that there is a first and second repositionable strap lock as there are two sides to buckle 200, both having mushroom buttons that insert into the linkage formations.);
the two mushroom-shaped heads removably locking into holes of the one or more perforated edges adjacent to the second module, fixing its repositionable strap lock in a temporary location (¶[0083], where “connection of band 300 to buckle 200 by buttons 202 and formations 302 is easily removable by sliding band 300 and/or buckle 200 such that buttons 202 are pushed (counter to direction of arrow 390) into the wide section of formations 302 and released.” Examiner takes the position that since connection between the band and buckle is easily removable that this inherently fixes the strap lock temporarily.);
the two mushroom-shaped heads engaging adjacent holes in the perforated edges to prevent rotation of its repositionable strap lock with respect to the one or more perforated edges (Figure 3A, linkage formations 302, mushroom buttons 202, where there are at least two mushroom-shaped heads shown and the holes, or linkage formations, are adjacent by being next to the mushroom-shaped heads. Furthermore, Examiner takes the position that the prevention of rotation is inherently taught as it is a function of engaging the holes in the perforated edges);
the first repositionable strap lock and the second repositionable strap lock connected to opposite ends of a repositionable strap (Figure 3A, linkage formations 302, mushroom buttons 202, where linkage formations are on either side of the repositionable strap, ¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200 by mushroom buttons 202 that mate or couple with formations 302”),
whereby the first repositionable strap lock and the second repositionable strap lock can be moved to best suit an intended use (¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200 by mushroom buttons 202 that mate or couple with formations 302. Inserting button 202 in a wide section of formation 302 and pushing into the narrow section connects and secures band 300 to buckle 200.” Examiner takes the position that, since there are multiple formations along the length of the band, the buckle, equivalent to a repositionable strap lock, is able to be secured to various formations along the length of the belt, allowing for adjustability and an intended use of adjusting the strap.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Bar, which teaches the one or more perforated edges acting as strap attachment points; a first repositionable strap lock and a second repositionable strap lock, each formed from a repositionable tab with two mushroom-shaped heads; the two mushroom-shaped heads removably locking into holes of the one or more perforated edges adjacent to the second module, fixing its repositionable strap lock in a temporary location; the two mushroom-shaped heads engaging adjacent holes in the perforated edges to prevent rotation of its repositionable strap lock with respect to the one or more perforated edges; the first repositionable strap lock and the second repositionable strap lock connected to opposite ends of a repositionable strap; whereby the first repositionable strap lock and the second repositionable strap lock can be moved to best suit an intended use, with the invention of Jones in order to couple either end of the fastening mechanism and allow for easy removal of the connection (Bar ¶[0082] - ¶[0083]).
Neither Jones nor Bar teaches the LED array separated into a first module and a second module; the first module being wider than the second module, the first module and the second module forming a T- shape; the second module having a greater density of LEDs per unit area than the first module; the disposable cover including two perforated edges with cover holes; the cover holes aligned with holes in the one or more perforated edges of the body; whereby when the first repositionable strap lock and the second repositionable strap lock are removed, the disposable cover is released from the flexible body for disposal.
Inlight teaches a Red Near-Infrared (NIR) LED t-shaped pad (See description), and further teaches the LED array separated into a first module and a second module, with the first module being wider than the second module, and the first module and the second module forming a T- shape (See the annotated figure below, which shows a t-shaped pad with first and second modules).
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It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Inlight, which teaches the LED array separated into a first module and a second module, with the first module being wider than the second module, and the first module and the second module forming a T- shape, with the modified invention of Jones since the flexible “T” shape allows maximum coverage opportunities to fit and cover surface areas of the body (See description).
None of Jones, Bar, nor Inlight teaches the second module having a greater density of LEDs per unit area than the first module; the disposable cover including two perforated edges with cover holes; the cover holes aligned with holes in the one or more perforated edges of the body; whereby when the first repositionable strap lock and the second repositionable strap lock are removed, the disposable cover is released from the flexible body for disposal.
HealthLight teaches a foot and ankle pad with a plurality of red and infrared LEDs (See description), and further teaches the second module having a greater density of LEDs per unit area than the first module (See the annotated figure below, which shows a t-shaped pad with first and second modules, where the second module has a higher density of LEDs since there are more LEDs within the second module).
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It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of HealthLight, which teaches the second module having a greater density of LEDs per unit area than the first module, with the modified invention of Jones in order to allow for treatment of the calf, foot and ankle at the same time (See description).
Although Jones teaches a disposable cover, none of Jones, Bar, HealthLight, nor Inlight teaches the second module having a greater density of LEDs per unit area than the first module; the disposable cover including two perforated edges with cover holes; the cover holes aligned with holes in the one or more perforated edges of the body; whereby when the first repositionable strap lock and the second repositionable strap lock are removed, the disposable cover is released from the flexible body for disposal.
Verheem teaches a light treatment device (Abstract), and further teaches the disposable cover including two perforated edges with cover holes; the cover holes aligned with holes in the one or more perforated edges of the body; whereby when the first repositionable strap lock and the second repositionable strap lock are removed, the disposable cover is released from the flexible body for disposal (¶[0027], where “Surface elements may be attached to applicator disc [5] by means of a disc cover [6], for instance a disposable cover, also substantially transparent or translucent, whereby light from panel [3] can shine through transparent or translucent head plate [2], transparent or translucent applicator disc [5], and disc cover [6] ... disc cover [6] may be made attachable by various attachment means such as snap in or snap on, screw connection, magnetic, adhesive, hook and loop fasteners, etc.” Examiner takes the position that the disc cover is a disposable cover and that the disc cover being attachable by various attachment means encompasses the attachment mechanism as described in the claim. Additionally, since Verheem teaches various attachment means, the repositionable strap lock, as taught by the modified Jones reference, is usable as a means of attachment for the disposable cover, which encompasses the claimed limitations as they are necessary for adequate attachment of the disposable cover.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Verheem, which teaches the disposable cover including two perforated edges with cover holes; the cover holes aligned with holes in the one or more perforated edges of the body; whereby when the first repositionable strap lock and the second repositionable strap lock are removed, the disposable cover is released from the flexible body for disposal, with the modified invention of Jones since a disposable cover provides a sterile and easy-to-clean applicator during light therapy and since attaching the disposable cover to the device provides a secure connection during use.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Bar, Inlight, HealthLight, Sousa (U.S. Pub. No. 2023/0001222 A1), Verheem, and Ogle, II (hereinafter “Ogle”) (U.S. Pat. No. 4,813,406 A).
Regarding claim 6, see the rejection of claim 1 above, where claim 6 is rejected under substantially the same sections of Jones in combination with Bar, Inlight, HealthLight, and Verheem. However, claims 6 adds “a device for use during light therapy of skin, the device comprising: an LED array embedded within a flexible body; a first perforated edge and a second perforated edge along the flexible body; one or more pulsed electromagnetic field (PEMF) emitters embedded within the flexible body; the disposable cover including perforated cover edges with first cover holes and second cover holes; the first cover holes aligned with holes in the first perforated edge; the second cover holes aligned with holes in the second perforated edge; the first cover holes are arranged parallel to the second cover holes; the first repositionable strap lock connected to the second repositionable strap lock by a strap, the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock; whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations”.
Jones teaches a device for use during light therapy of skin (Abstract, where “A light source apparatus including light spectrum-converting materials that emit light … light source can be designed to provide a cost-effective therapeutic light source for photodynamic therapy”), the device comprising:
an LED array embedded within a flexible body (¶[0082], where “The device may be configured as comprising rows or columns of said LEDs on one or more flexible circuit connection backing arrangements.” Examiner takes the position that the rows or columns of LEDs are equivalent to an LED array.).
Although Jones teaches a repositionable strap, where the strap mechanism is able to be connected by an adequate system to hold the light therapy system in place (¶[0229], which teaches “a strap mechanism to hold the treatment system in place on the patient. The strap can be connected to the device by Velcro, buttons, snaps, zippers, clamps, adhesives, gels, suction, or any other adequate system that can hold the light therapy system in place”), Jones does not explicitly teach a first perforated edge and a second perforated edge along the flexible body; one or more pulsed electromagnetic field (PEMF) emitters embedded within the flexible body; the disposable cover including perforated cover edges with first cover holes and second cover holes; the first cover holes aligned with holes in the first perforated edge; the second cover holes aligned with holes in the second perforated edge; the first cover holes are arranged parallel to the second cover holes; the first repositionable strap lock connected to the second repositionable strap lock by a strap, the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock; whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations.
Bar teaches a first perforated edge and a second perforated edge along the flexible body (Figure 3A, where linkage formations 302 can be seen on either side of the band 300 such that there is a first and second perforated edge).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Bar, which teaches a first perforated edge and a second perforated edge along the flexible body, with the modified invention of Jones in order to couple either end of the fastening mechanism and allow for easy removal of the connection (Bar ¶[0082] - ¶[0083]).
Although Bar teaches a connection between either side of the buckle such that there is a connection between the first and second repositionable strap lock (See Figure 3A) neither Jones nor Bar teaches one or more pulsed electromagnetic field (PEMF) emitters embedded within the flexible body; the disposable cover including perforated cover edges with first cover holes and second cover holes; the first cover holes aligned with holes in the first perforated edge; the second cover holes aligned with holes in the second perforated edge; the first cover holes are arranged parallel to the second cover holes; the first repositionable strap lock connected to the second repositionable strap lock by a strap, the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock; whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations.
Sousa teaches a combined Pulsed Electromagnetic Field (PEMF) therapy and Photobiomodulation (PBM) therapeutic device in the form of a flexible wearable that can be secured to a user's body part to apply targeted radiation to a desired area (Abstract), and further teaches one or more pulsed electromagnetic field (PEMF) emitters embedded within the flexible body (¶[0047], where “The inner surface of the pad of the device has disposed thereon two electromagnetic coils 3 configured to emit pulsed radiation. The same surface also has disposed thereon a plurality of first diodes 4 configured to emit a first frequency of photobiomodulation light, for example red light, and a second plurality of diodes 5 configured to emit photobiomodulation light, for example Near Infrared light”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Sousa, which teaches one or more pulsed electromagnetic field (PEMF) emitters embedded within the flexible body, in order to reduce pain and inflammation and to promote healing of bones and other body tissues and to apply non-damaging electromagnetic frequencies to enhance overall health and wellness (Sousa ¶[0003]).
None of Jones, Bar, nor Sousa teaches the disposable cover including perforated cover edges with first cover holes and second cover holes; the first cover holes aligned with holes in the first perforated edge; the second cover holes aligned with holes in the second perforated edge; the first cover holes are arranged parallel to the second cover holes; the first repositionable strap lock connected to the second repositionable strap lock by a strap, the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock; whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations.
Verheem teaches the disposable cover including perforated cover edges with first cover holes and second cover holes; the first cover holes aligned with holes in the first perforated edge; the second cover holes aligned with holes in the second perforated edge; and the first cover holes are arranged parallel to the second cover holes (¶[0027], where “Surface elements may be attached to applicator disc [5] by means of a disc cover [6], for instance a disposable cover, also substantially transparent or translucent, whereby light from panel [3] can shine through transparent or translucent head plate [2], transparent or translucent applicator disc [5], and disc cover [6] ... disc cover [6] may be made attachable by various attachment means such as snap in or snap on, screw connection, magnetic, adhesive, hook and loop fasteners, etc.” Examiner takes the position that the disc cover is a disposable cover and that the disc cover being attachable by various attachment means encompasses the attachment mechanism as described in the claim. Additionally, since Verheem teaches various attachment means, the repositionable strap lock, as taught by the modified Jones reference, is usable as a means of attachment for the disposable cover, which encompasses the claimed limitations as they are necessary for adequate attachment of the disposable cover. Furthermore, there are at least first and second perforated cover edges with first cover holes and second cover holes since Bar teaches first and second cover holes and the disposable cover attaches to the cover holes.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Verheem, which teaches the disposable cover including perforated cover edges with first cover holes and second cover holes; the first cover holes aligned with holes in the first perforated edge; the second cover holes aligned with holes in the second perforated edge; and the first cover holes are arranged parallel to the second cover holes, with the modified invention of Jones since a disposable cover provides a sterile and easy-to-clean applicator during light therapy and since attaching the disposable cover to the device provides a secure connection during use.
None of Jones, Bar, Sousa, nor Verheem teaches the first repositionable strap lock connected to the second repositionable strap lock by a strap, the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock; whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations.
Ogle teaches an attachment mechanism for a splint device (Abstract), and further teaches the first repositionable strap lock connected to the second repositionable strap lock by a strap (Figure 10, where parallel restraining bands 28 with a plurality of apertures 32, similar to a first and second perforated edge with a first and second repositionable strap lock since either side locks into the protuberances 30, have an extending member 24, equivalent to the strap, Col. 8, lines 53-56, where “a plurality of apertures 32, which are so sized as to provide a substantially interference fit with the protuberances 30 on the rearwardly extending member 24”), the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock (Figure 10, where parallel restraining bands 28 with a plurality of apertures 32, similar to a first and second perforated edge with a first and second repositionable strap lock since either side locks into the protuberances 30, have an extending member 24, equivalent to the strap, that extends between opposite ends);
whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations (Col. 8, lines 38-40 and 42-43, where “For application to the human foot, of course, the rearwardly extending member 24 would be positioned against the sole or bottom of the foot … The rearwardly extending member 24 bears against the palm of the hand.” Examiner takes the position that since the rearwardly extending member can be adjusted to apply to either a hand or foot of a user that the location of the strap locks are inherently changeable such that various orientations can be achieved.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Ogle, which teaches the first repositionable strap lock connected to the second repositionable strap lock by a strap, the strap connected to opposite ends of the first repositionable strap lock and the second repositionable strap lock; whereby changing a location of the first repositionable strap lock and the second repositionable strap lock changes a position of the strap, thereby allowing the device to be used in various orientations, with the modified invention of Jones in order to attach either side of the parallel restraining bands, or strap locks, and hold the rearwardly extending member, or strap, in position (Ogle Col. 8, lines 45-46).
Regarding claim 8, Jones in combination with Bar, Inlight, HealthLight, Verheem, Sousa, and Ogle teaches all limitations of claim 6 as described in the rejection above.
Bar teaches that the first perforated edge is parallel to the second perforated edge (Figure 3A, where linkage formations 302 can be seen on either side of the band 300 such that the first and second perforated edge are parallel to one another).
Ogle teaches the strap crossing from the first perforated edge to the second perforated edge to affix the device in position (Figure 10, where parallel restraining bands 28 with a plurality of apertures 32, equivalent to a first and second perforated edge, have an extending member 24, equivalent to the strap, fit with the protuberances 30 that crosses between the parallel restraining bands 28, Col. 8, lines 53-56, where “a plurality of apertures 32, which are so sized as to provide a substantially interference fit with the protuberances 30 on the rearwardly extending member 24”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Ogle, which teaches the strap crossing from the first perforated edge to the second perforated edge to affix the device in position, with the modified invention of Jones in order to attach either side of the parallel restraining bands and hold the rearwardly extending member, or the repositionable strap, in position (Ogle Col. 8, lines 45-46).
Claims 3, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Bar, Inlight, HealthLight, and Verheem as applied to the rejection of claims 1 and 6 above, and further in view of Ogle.
Regarding claim 3, Jones in combination with Bar, Inlight, HealthLight, and Verheem teaches all limitations of claim 1 as described in the rejection above.
Bar teaches that the one or more perforated edges is a first perforated edge and a second perforated edge (Figure 3A, where linkage formations 302 can be seen on either side of the band 300 such that there is a first and second perforated edge); and that the first perforated edge is parallel to the second perforated edge (Figure 3A, where linkage formations 302 can be seen on either side of the band 300 such that the first and second perforated edge are parallel to one another).
Although Bar teaches a repositionable strap with parallel perforated edges, neither Jones nor Bar teach the repositionable strap crossing from the first perforated edge to the second perforated edge to affix the device in position.
Ogle teaches the repositionable strap crossing from the first perforated edge to the second perforated edge to affix the device in position (Figure 10, where parallel restraining bands 28 with a plurality of apertures 32, equivalent to a first and second perforated edge, have an extending member 24, equivalent to the repositionable strap, fit with the protuberances 30 that crosses between the parallel restraining bands 28, Col. 8, lines 53-56, where “a plurality of apertures 32, which are so sized as to provide a substantially interference fit with the protuberances 30 on the rearwardly extending member 24”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Ogle, which teaches the repositionable strap crossing from the first perforated edge to the second perforated edge to affix the device in position, with the modified invention of Jones in order to attach either side of the parallel restraining bands and hold the rearwardly extending member, or the repositionable strap, in position (Ogle Col. 8, lines 45-46).
Regarding claim 11, see the rejection of claims 1 and 6 above, where claim 11 is rejected under substantially the same sections of Jones in combination with Bar, Inlight, HealthLight, Verheem, Sousa, and Ogle. However, claims 11 adds “a first perforated strip along a first edge of the flexible body and adjacent to the second module; a second perforated strip along a second edge of the flexible body and adjacent to the second module, across the second module from the first perforated strip; a first strap attachment device interfaced with the first perforated strip, the first strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the first perforated strip to prevent rotation of the first strap attachment device with respect to the first perforated strip; a second strap attachment device interfaced with the second perforated strip, the second strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the second perforated strip to prevent rotation of the second strap attachment device with respect to the second perforated strip; a strap connecting the first strap attachment device to the second strap attachment device, the strap connected to opposite ends of the first strap attachment device and the second strap attachment device, the strap crossing from the first perforated strip to the second perforated strip; whereby adjusting a position of the first strap attachment device with respect to the second strap attachment device allows the flexible body to be adapted to different locations of use.”
Although Jones teaches a repositionable strap, where the strap mechanism is able to be connected by an adequate system to hold the light therapy system in place (¶[0229], which teaches “a strap mechanism to hold the treatment system in place on the patient. The strap can be connected to the device by Velcro, buttons, snaps, zippers, clamps, adhesives, gels, suction, or any other adequate system that can hold the light therapy system in place”), Jones does not teach a first perforated strip along a first edge of the flexible body and adjacent to the second module; a second perforated strip along a second edge of the flexible body and adjacent to the second module, across the second module from the first perforated strip; a first strap attachment device interfaced with the first perforated strip, the first strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the first perforated strip to prevent rotation of the first strap attachment device with respect to the first perforated strip; a second strap attachment device interfaced with the second perforated strip, the second strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the second perforated strip to prevent rotation of the second strap attachment device with respect to the second perforated strip; a strap connecting the first strap attachment device to the second strap attachment device, the strap connected to opposite ends of the first strap attachment device and the second strap attachment device, the strap crossing from the first perforated strip to the second perforated strip; whereby adjusting a position of the first strap attachment device with respect to the second strap attachment device allows the flexible body to be adapted to different locations of use.
Bar teaches a first perforated strip along a first edge of the flexible body (Figure 3A, where linkage formations 302 can be seen on either side of the band 300 such that there is a first and second perforated strip) and adjacent to the second module (Examiner interprets that since Inlight teaches a first and second module, and since the first perforated strip of Bar runs along a first edge of the flexible body, that the perforated strip will be adjacent to the second module as it will inherently be next to it by being attached to the same device.);
a second perforated strip along a second edge of the flexible body (Figure 3A, where linkage formations 302 can be seen on either side of the band 300 such that there is a first and second perforated strip) and adjacent to the second module, across the second module from the first perforated strip (Examiner interprets that since Inlight teaches a first and second module, and since the second perforated strip of Bar runs along a second edge of the flexible body, that the perforated strip will be adjacent to the second module as it will inherently be next to it by being attached to the same device. Additionally, Bar shows the linkage formations on either side of the band such that the first and second perforated strips are across from one another.);
a first strap attachment device interfaced with the first perforated strip (Figure 3A, buckle 200, mushroom buttons 202, and linkage formations 302, which are shown on either side of buckle 200, ¶[0079], where “Buckle 200 further comprises connecting buttons 202 at each side region 214 for connecting a band.” Examiner takes the position that since either side of the buckle, with each side of the buckle being a respective first and second strap attachment device, affixes to a linkage formation on either side of the belt that each side is fixed to a respective perforated strip.), the first strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the first perforated strip to prevent rotation of the first strap attachment device with respect to the first perforated strip (¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200 by mushroom buttons 202 that mate or couple with formations 302. Inserting button 202 in a wide section of formation 302 and pushing into the narrow section connects and secures band 300 to buckle 200.” Examiner takes the position that the buckle with mushroom buttons is equivalent to a repositionable strap lock since the buckle attaches to the linkage formations, being repositionable to fit into any of the linkage formations and forming a repositionable tab, that the mushroom buttons of the buckle are equivalent to mushroom-shaped heads, and that are two sets of mushroom-shaped heads such that there is a first and second repositionable strap lock as there are two sides to buckle 200, both having mushroom buttons that insert into the linkage formations. Furthermore, the two mushroom-shaped heads engage adjacent holes in the first perforated strip since all of the holes are next to each other and engagement inherently prevents rotation since it is a functional result.);
a second strap attachment device interfaced with the second perforated strip (Figure 3A, buckle 200, mushroom buttons 202, and linkage formations 302, which are shown on either side of buckle 200, ¶[0079], where “Buckle 200 further comprises connecting buttons 202 at each side region 214 for connecting a band.” Examiner takes the position that since either side of the buckle, with each side of the buckle being a respective first and second strap attachment device, affixes to a linkage formation on either side of the belt that each side is fixed to a respective perforated strip.), the second strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the second perforated strip to prevent rotation of the second strap attachment device with respect to the second perforated strip (¶[0082], where “Linkage formations 302 are used to connect to a side region 214 of buckle 200 by mushroom buttons 202 that mate or couple with formations 302. Inserting button 202 in a wide section of formation 302 and pushing into the narrow section connects and secures band 300 to buckle 200.” Examiner takes the position that the buckle with mushroom buttons is equivalent to a repositionable strap lock since the buckle attaches to the linkage formations, being repositionable to fit into any of the linkage formations and forming a repositionable tab, that the mushroom buttons of the buckle are equivalent to mushroom-shaped heads, and that are two sets of mushroom-shaped heads such that there is a first and second repositionable strap lock as there are two sides to buckle 200, both having mushroom buttons that insert into the linkage formations. Furthermore, the two mushroom-shaped heads engage adjacent holes in the second perforated strip since all of the holes are next to each other and engagement inherently prevents rotation since it is a functional result.);
whereby adjusting a position of the first strap attachment device with respect to the second strap attachment device allows the flexible body to be adapted to different locations of use (Figure 3A, buckle 200, mushroom buttons 202, and linkage formations 302, where Examiner takes the position that by adjusting either side of the belt that this adjusts the position of the first and second strap attachment devices which results in adaptation of the device to be usable in different locations since it can be sized to fit different areas.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Bar, which teaches a first perforated strip along a first edge of the flexible body and adjacent to the second module; a second perforated strip along a second edge of the flexible body and adjacent to the second module, across the second module from the first perforated strip; a first strap attachment device interfaced with the first perforated strip, the first strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the first perforated strip to prevent rotation of the first strap attachment device with respect to the first perforated strip; a second strap attachment device interfaced with the second perforated strip, the second strap attachment device comprising a repositionable tab with two mushroom-shaped heads, the two mushroom-shaped heads engaging adjacent holes in the second perforated strip to prevent rotation of the second strap attachment device with respect to the second perforated strip; whereby adjusting a position of the first strap attachment device with respect to the second strap attachment device allows the flexible body to be adapted to different locations of use, with the modified invention of Jones in order to couple either end of the fastening mechanism and allow for easy removal of the connection (Bar ¶[0082] - ¶[0083]).
Ogle teaches a strap connecting the first strap attachment device to the second strap attachment device (Figure 10, where parallel restraining bands 28 with a plurality of apertures 32, similar to a first and second perforated edge with a first and second repositionable strap lock since either side locks into the protuberances 30, have an extending member 24, equivalent to the strap, Col. 8, lines 53-56, where “a plurality of apertures 32, which are so sized as to provide a substantially interference fit with the protuberances 30 on the rearwardly extending member 24”), the strap connected to opposite ends of the first strap attachment device and the second strap attachment device, the strap crossing from the first perforated strip to the second perforated strip (Figure 10, where parallel restraining bands 28 with a plurality of apertures 32, similar to a first and second perforated edge with a first and second repositionable strap lock since either side locks into the protuberances 30, have an extending member 24, equivalent to the strap, that extends between opposite ends).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Ogle, which teaches a strap connecting the first strap attachment device to the second strap attachment device, the strap connected to opposite ends of the first strap attachment device and the second strap attachment device, the strap crossing from the first perforated strip to the second perforated strip, with the modified invention of Jones in order to attach either side of the parallel restraining bands, or strap locks, and hold the rearwardly extending member, or strap, in position (Ogle Col. 8, lines 45-46).
Regarding claim 13, Jones in combination with Bar, Inlight, HealthLight, Verheem, and Ogle teaches all limitations of claim 11 as described in the rejection above. Furthermore, regarding claim 13, see the rejection of claim 3 above. However, claim 13 describes a first and second perforated strip rather than a first and second perforated edge as described in claim 3. Examiner takes the position that the perforated strips and perforated edges are equivalent.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Bar, Inlight, HealthLight, and Verheem as applied to the rejection of claim 1 above, and further in view of Liu et al. (hereinafter “Liu”) (U.S. Pub. No. 2013/0190845 A1).
Regarding claim 5, Jones in combination with Bar, Inlight, HealthLight, and Verheem teaches all limitations of claim 1 as described in the rejection above.
Although Jones teaches a timer (¶[0034], where “Timers … to increase cooling or reduce energy to the system are all known methods for keeping the devices from overheating skin, the light source(s), or other surfaces”), Jones does not teach a removable timer; the removable timer electrically connected to the LED array; the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use.
Liu teaches an edge-lit device for providing light-based dermatological treatment (Abstract) with a removable timer (¶[0138], where “Time cartridge 115 may comprise a removable cartridge that records (e.g., using a timer or counter) the treatment time or number of treatment sessions provided by device 10 over time. Time cartridge 115 may specify a preset treatment time and/or number of treatment sessions that can be provided by device 10 before the cartridge must be replaced with a new cartridge.” Examiner takes the position that the time cartridge is equivalent to a removable timer since the cartridge can record using a timer, is removable, and functions the same as a timer.); the removable timer electrically connected to the LED array (¶[0155] - ¶[0162], where “device 10 includes various electronics connected to controller 92, including: … right and left channel LED boards 140a and 140b, connected via connector interfaces 142a and 142b, respectively … a cartridge interface 116 for receiving a time cartridge 115,” ¶[0165], where “LED board 140a includes a circuit having a number of right-panel LEDs … left channel LED board 140b includes a circuit having a number of left-panel LEDs.” Examiner takes the position that, since the time cartridge is attached to the controller which is attached to the LED boards which are attached to the LEDs, that the time cartridge is electrically connected to the LEDs.); the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use (¶[0138], where “Time cartridge 115 may comprise a removable cartridge that records (e.g., using a timer or counter) the treatment time … Time cartridge 115 may specify a preset treatment time.” Examiner takes the position that the device will emit light during treatment and stop emitting light when the preset time for treatment ends, consequently controlling when the LED emits light, simplifying use of the device.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Liu, which teaches a removable timer; the removable timer electrically connected to the LED array; the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use, with the modified invention of Jones in order to specify preset treatment times for the device (Liu ¶[0138]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Bar, Inlight, HealthLight, Verheem, Sousa, and Ogle as applied to the rejection of claim 6 above, and further in view of Liu.
Regarding claim 10, Jones in combination with Bar, Inlight, HealthLight, Verheem, Sousa, and Ogle teaches all limitations of claim 6 as described in the rejection above.
Although Jones teaches a timer (¶[0034], where “Timers … to increase cooling or reduce energy to the system are all known methods for keeping the devices from overheating skin, the light source(s), or other surfaces”), none of Jones, Bar, nor Ogle teach a removable timer; the removable timer electrically connected to the LED array; the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use.
Liu teaches a removable timer (¶[0138], where “Time cartridge 115 may comprise a removable cartridge that records (e.g., using a timer or counter) the treatment time or number of treatment sessions provided by device 10 over time. Time cartridge 115 may specify a preset treatment time and/or number of treatment sessions that can be provided by device 10 before the cartridge must be replaced with a new cartridge.” Examiner takes the position that the time cartridge is equivalent to a removable timer since the cartridge can record using a timer, is removable, and functions the same as a timer.); the removable timer electrically connected to the LED array (¶[0155] - ¶[0162], where “device 10 includes various electronics connected to controller 92, including: … right and left channel LED boards 140a and 140b, connected via connector interfaces 142a and 142b, respectively … a cartridge interface 116 for receiving a time cartridge 115,” ¶[0165], where “LED board 140a includes a circuit having a number of right-panel LEDs … left channel LED board 140b includes a circuit having a number of left-panel LEDs.” Examiner takes the position that, since the time cartridge is attached to the controller which is attached to the LED boards which are attached to the LEDs, that the time cartridge is electrically connected to the LEDs.); the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use (¶[0138], where “Time cartridge 115 may comprise a removable cartridge that records (e.g., using a timer or counter) the treatment time … Time cartridge 115 may specify a preset treatment time.” Examiner takes the position that the device will emit light during treatment and stop emitting light when the preset time for treatment ends, consequently controlling when the LED emits light, simplifying use of the device.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Liu, which teaches a removable timer; the removable timer electrically connected to the LED array; the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use, with the modified invention of Jones in order to specify preset treatment times for the device (Liu ¶[0138]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Bar, Inlight, HealthLight, Verheem, and Ogle as applied to the rejection of claim 11 above, and further in view of Liu.
Regarding claim 15, Jones in combination with Bar, Inlight, HealthLight, Verheem, and Ogle teaches all limitations of claim 11 as described in the rejection above.
Although Jones teaches a timer (¶[0034], where “Timers … to increase cooling or reduce energy to the system are all known methods for keeping the devices from overheating skin, the light source(s), or other surfaces”), Jones does not teach a removable timer; the removable timer electrically connected to the LED array; the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use.
Liu teaches a removable timer (¶[0138], where “Time cartridge 115 may comprise a removable cartridge that records (e.g., using a timer or counter) the treatment time or number of treatment sessions provided by device 10 over time. Time cartridge 115 may specify a preset treatment time and/or number of treatment sessions that can be provided by device 10 before the cartridge must be replaced with a new cartridge.” Examiner takes the position that the time cartridge is equivalent to a removable timer since the cartridge can record using a timer, is removable, and functions the same as a timer.); the removable timer electrically connected to the LED array (¶[0155] - ¶[0162], where “device 10 includes various electronics connected to controller 92, including: … right and left channel LED boards 140a and 140b, connected via connector interfaces 142a and 142b, respectively … a cartridge interface 116 for receiving a time cartridge 115,” ¶[0165], where “LED board 140a includes a circuit having a number of right-panel LEDs … left channel LED board 140b includes a circuit having a number of left-panel LEDs.” Examiner takes the position that, since the time cartridge is attached to the controller which is attached to the LED boards which are attached to the LEDs, that the time cartridge is electrically connected to the LEDs.); the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use (¶[0138], where “Time cartridge 115 may comprise a removable cartridge that records (e.g., using a timer or counter) the treatment time … Time cartridge 115 may specify a preset treatment time.” Examiner takes the position that the device will emit light during treatment and stop emitting light when the preset time for treatment ends, consequently controlling when the LED emits light, simplifying use of the device.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Liu, which teaches a removable timer; the removable timer electrically connected to the LED array; the removable timer controlling whether the LED array is emitting light; whereby the removable timer simplifies use, with the modified invention of Jones in order to specify preset treatment times for the device (Liu ¶[0138]).
Conclusion
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/SEFRA D. MANOS/Examiner, Art Unit 3792
/ALLEN PORTER/Primary Examiner, Art Unit 3796
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