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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Great Britain (GB) on 01/12/2023. It is noted, however, that applicant has not filed a certified copy of the GB2300486.4 application as required by 37 CFR 1.55.
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 1-16 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.
In re claim 1, the limitation, “the respective at least one projection” lacks antecedent basis.
In re claim 3, the limitation, “the respective skin contact surface” lacks antecedent basis.
In re claim 5, the limitation “the entirety of the output window” lacks antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-8, 10-12, 14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogawa (JP 2008289809).
In re claim 1, Ogawa discloses a skin treatment device [0001, 0004] comprising:
a housing (fig. 1(a): 1) having an output window (3; [0005]);
a light source (20; [0013]: light source is flash light 2 incorporated as light source unit 20; [0005])
housed within the housing (fig. 1(a)) and
configured to discharge light energy pulses transmittable through the output window and onto a subject’s skin [0005-0007];
a control system (5; [0013]) configured to control the light source to deliver the light energy pulses ([0013]: control circuit 5 controls light emission of flashlight 2); and
one or more projections (6) projecting outwardly from the housing relative to the output window (fig. 1(a): 6 projects outward from housing 1 relative to the output window 3),
at least one projection having a skin contact surface (11) and carrying a sensor (12; [0016-0017]);
wherein at least one projection is at least partially moveable from a rest position (fig. 1(a)) to a deflected position (fig. 1(b)) such that the respective at least one projection deflects to accommodate the geometry of the subject’s skin ([0014]: light shielding unit 6 advances/retreats and is elastic; [0009]: skin contact surface allows for close contact with the skin surface so light leakage is prevented); and
wherein the control system is further configured to receive one or more sensor outputs from the sensor of at least one projection ([0017]: flashlight only emits light when contact sensor 12 detects contact; [0013]: control circuit 5 controls the light emission of the flashlight; [0021-0022]), and
based on one or more of the sensor outputs, control operation of the skin treatment device ([0017]: flashlight only emits light when contact sensor 12 detects contact).
In re claim 2, Ogawa discloses wherein the skin contact surface faces outwardly from at least one projection (fig. 1(b): skin contact surface 11 faces outwardly from projection 6).
In re claim 3, Ogawa discloses wherein the sensor of at least one projection
is retained by the respective projection (fig. 1(b): pushing 11 down would retain sensor 12 ) and
is further held in a fixed position relative to the respective skin contact surface (fig. 1(b): pushing 11 down would hold sensor 12 down relative to surface 11; []).
In re claim 5, Ogawa discloses at least one projection extends around the entirety of the output window (fig. 1(a)).
In re claim 6, Ogawa discloses wherein
the sensor of a first projection (fig. 4: top projection 11b and top sensor 12) of the one or more projections (fig. 4) and
the sensor of a second projection (fig. 4: bottom projection 11b and bottom sensor 12) of the one or more projections (fig. 4)
are carried on diametrically opposing first and second sides of the output window (fig. 4: sensors are directly on opposite sides of the output window).
In re claim 7, Ogawa discloses
wherein the output window comprises a length dimension (fig. 2(c): left to right of 3) and a width dimension (fig. 2(c): top to bottom of 3);
wherein the length dimension is greater than the width dimension (fig. 2(c)); and
wherein the length dimension extends between two projections of the one or more projections (fig. 2(c): length of 3 extends between both ‘11a’s).
In re claim 8, Ogawa discloses
wherein at least one projection is arranged to be received into a corresponding opening in the housing (fig. 1(a)-fig. 1(b): projection 11 moves into opening of housing i.e. into space between 11 and 4);
wherein at least one received projection in the rest position extends outwardly from the opening (fig. 1(a): 11a extends outwardly); and
wherein at least one received projection in the deflected position is at least partially withdrawn into the opening (fig. 1(b): at least part of rejection 11, for instance 11b, would move into the opening area when in the deflected position).
In re claim 10, Ogawa discloses wherein at least one projection is beneficially biased to the rest position by a biasing arrangement (fig. 1(a)-fig. 1(b): spring 10 goes between 7-9 and is biased to be in rest position shown in fig. 1(a); [0014-0016]).
In re claim 11, Ogawa discloses
wherein the housing has a forward contact surface (11b) for contacting the subject’s skin [0016];
wherein the output window is defined in the forward contact surface (fig. 1(b): output window 3 in the deflected position would be is defined in the forward contact surface 11b); and
wherein the forward contact surface is at least partially convex (fig. 1(a)).
In re claim 12, Ogawa discloses wherein at least one projection comprises a unitary projection (fig. 2(c): 11a is a unitary projection on one side of the skin treatment device).
In re claim 14, Ogawa discloses wherein at least one projection is
elastically deformable [0014] and
arranged to conform to the geometry of the subject’s skin ([0027]: light-shielding part 6 may be formed with rubber for secure adhesion to skin).
*Regarding the limitations, “arranged to conform to the geometry of the subject’s skin,” a recitation of the functional language of the claimed invention, such as the recitation of “arranged to conform”, must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the functional language, then it meets the claim. In this case, the light-shielding part being formed with rubber would allow the projection to conform to the geometry of the subject’s skin for secure adhesion to skin; see MPEP § 2114 (I) and In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432 39.
In re claim 16, Ogawa discloses wherein the at least one projection comprises an elastomeric material [0014].
In re claim 17, regarding the limitations, “a skin treatment device for delivery of light energy pulses to a subject’s skin, the skin treatment device comprising:
a housing having an output window;
a light source housed within the housing for discharging light energy pulses transmitted through the output window onto the subject’s skin;
a control system for controlling discharge of the light source to deliver the light energy pulses; and
one or more projections projecting outwardly from the housing relative to the output window,
each projection having a skin contact surface and carrying a sensor;
wherein each projection is at least partially moveable from a rest position to a deflected position such that each projection deflects to accommodate the geometry of the subject’s skin; and
wherein the control system is arranged to receive one or more sensor outputs from the sensor of at least one projection, and
based on one or more of the sensor outputs, control operation of the skin treatment device”,
see in re claim 1 above.
In re claim 18, Ogawa discloses wherein at least one of:
the control system is arranged to receive one or more sensor outputs from the sensor of each projection (see in re claim 1 above), and based on the one or more of the sensor outputs, control operation of the skin treatment device (see in re claim 1 above);
the skin contact surface faces outwardly from each projection (see in re claim 2 above);
the sensor of each projection
is retained by the projection (see in re claim 3 above) and
is further held in a fixed position relative to the skin contact surface (see in re claim 3 above); or
wherein a first projection of the one or more projections and a second projection of the one or more projections deflect independently of one another.
In re claim 19, Ogawa discloses wherein at least one of:
the sensor of a first projection of the one or more projections and the sensor of a second projection of the one or more projections are carried on diametrically opposing first and second sides of the output window;
the output window comprises a length dimension and a width dimension (see in re claim 7 above), the length dimension greater than the width dimension (see in re claim 7 above), and the length dimension extending between two projections of the one or more projections (see in re claim 7 above);
each projection is arranged to be received into a corresponding opening in the housing (see in re claim 8 above), each projection in the rest position extending outwardly from the opening (see in re claim 8 above), and each projection in the deflected position being at least partially withdrawn into the opening (see in re claim 8 above);
each projection is rigid;
each projection is beneficially biased to the rest position by a biasing arrangement (see in re claim 10 above);
each projection comprises a unitary projection (see in re claim 12 above);
each projection is pivotally mounted to the housing; or
each projection is elastically deformable and arranged to conform to the geometry of the subject’s skin (see in re claim 14 above).
In re claim 20, Ogawa discloses wherein at least one of:
the housing has a forward contact surface for contacting the subject’s skin (see in re claim 11 above), the output window defined in the forward contact surface (see in re claim 11 above), and the forward contact surface being at least partially convex (see in re claim 11 above);
each projection is pivotally mounted to the housing,
the skin contact surface of each pivotally mounted projection comprising a leading edge and a trailing edge, the leading edge projecting further outwardly from the housing in the rest position; or
each projection is elastically deformable and arranged to conform to the geometry of the subject’s skin (see in re claim 14 above), each elastically deformable projection comprising an elastomeric material (see in re claim 16 above).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hartman (US 6,447,537) in view of Boll et al. (US 2016/0310756).
In re claim 1, Hartman discloses a skin treatment device (fig. 9: 200) comprising:
a housing (fig. 10: 206) having an output window (209);
a light source (210)
housed within the housing (fig. 10) and
configured to discharge light energy pulses transmittable through the output window and onto a subject’s skin (Col. 4, lines 57-60; Col. 7, lines 54-64);
a control system (fig. 8; Col. 10, lines 41-54: control system) configured to control the light source to deliver the light energy pulses (Col. 10, lines 41-58); and
one or more projections (fig. 10: both projections 232 and shutters 216) projecting outwardly from the housing relative to the output window (fig. 10),
at least one projection having a skin contact surface (Col. 12, lines 47-55: surface of 232 which touches irradiation target i.e. skin is interpreted as a skin contact surface);
wherein at least one projection is at least partially moveable from a rest position (fig. 10: both 232 are biased into fully extended position; Col. 12, lines 29-46) to a deflected position (fig. 9: both 232 are moved into an inner position to close shutters; Col. 12, lines 25-55) such that the respective at least one projection deflects to accommodate the geometry of the subject’s skin (Col. 12, lines 25-46: projections are pushed inside when in contact with irradiation target and therefore accommodate the geometry of the subject’s skin); and
wherein
the control system is further configured to receive one or more sensor outputs (fig. 8: 29; Col. 6, lines 19-34), and
based on one or more of the sensor outputs, control operation of the skin treatment device (Col. 6, lines 19-41: alarm will sound to alert operator of a problem if energy sensor does not detect radiation after lamp is turned on).
Hartman fails to disclose
at least one projection having a skin contact surface and carrying a sensor;
wherein the control system is further configured to receive one or more sensor outputs from the sensor of at least one projection.
Boll teaches a skin treatment device [0001, 0083] and
at least one projection (fig. 23: any one of 460 which can move in and out to adjust opening 450 as well as chin rests 750; [0083-0084]) having a skin contact surface (fig. 23: top surface of 750 where chin 610 is placed) and carrying a sensor ([0084]: chin rests can include contact sensors);
wherein a control system ([0054]: controller controls energy delivered to applicator 300) is further configured to receive one or more sensor outputs from the sensor of at least one projection ([0054]: controller receives contact information from contact sensors 305).
Boll further teaches that the controller turns off energy to the skin treatment device [0054] based on an absence of contact detected from the contact sensors [0054], in order to preserve safety [0054].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the skin treatment device taught by Hartman, to provide at least one projection having a skin contact surface and carrying a sensor and wherein the control system is further configured to receive one or more sensor outputs from the sensor of at least one projection, as taught Boll, because the controller turns off energy to the skin treatment device based on an absence of contact detected from the contact sensors in order to preserve safety.
In re claim 4, the proposed combination yields (all mapping directed to Hartman unless otherwise stated) wherein a first projection of the one or more projections and a second projection of the one or more projections deflect independently of one another (fig. 10: each projection 232 includes spring 234 which move individually of one another; Col. 12, lines 47-55).
In re claim 13, the proposed combination yielded in re claim 1 above (Hartman in view of Boll) yields wherein at least one projection is pivotally mounted to the housing (see Hartman fig. 10: projections include shutters 210 which are indirectly mounted pivotally to the housing; Col. 12, lines 46-55).
In re claim 15, the proposed combination yielded in re claim 1 above (Hartman in view of Boll) yields
wherein the skin contact surface of the at least one projection comprises a leading edge (see Boll fig. 23: far left side of left skin contact surface and far right side of right skin contact surface are interpreted as leading edges) and a trailing edge (see Boll fig. 23: far right side of left skin contact surface and far left side of right skin contact surface are interpreted as trailing edges);
wherein the leading edge projects further outwardly from the housing in the rest position (Boll fig. 23: leading edge is higher than the trailing edge).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (JP 2008289809) in view of Bock (US 2015/0313993).
In re claim 9, Ogawa fails to disclose wherein at least one projection is rigid.
Bock teaches a skin treatment device (fig. 5: 80; [0004, 0037]) comprising a projection (fig. 5: applicator head 90 is interpreted as a projection; [0042]), wherein the projection is rigid ([0048]: projection may be may of rigid material).
Bock further teaches that the projection may be either rigid or semi rigid [0048] depending on which surface the projection is applied to [0048].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the skin treatment device taught by Ogawa, to provide wherein at least one projection is rigid, as taught Bock, because the projection may be either rigid or semi rigid depending on which surface the projection is applied to.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Cahir et al. (US 2004/0030325) discloses a laser emitted device (abstract) comprising of a shutter [0048] that may return to its original closed position by a bias spring [0048] to prevent accidentally discharging laser beams [0048].
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUMAISA R BAIG whose telephone number is (571)270-0175. The examiner can normally be reached Mon-Fri: 8am- 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUMAISA RASHID BAIG/Examiner, Art Unit 3796
/DAVID HAMAOUI/SPE, Art Unit 3796