DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “cooling arrangement” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1-20 are objected to because of the following informalities: 1) in claim 1, line 15, “and rearward end” should be “and the rearward end”, 2) in claims 2-5, and 22, a comma should be added right after the claim number in “according to claim” (e.g. “according to claim 1,” for Claim 2), 3) in claims 3, 5, and 6, “mounted or demounted from” should be “mounted to or demounted from”, 4) in claims 14-15, “wherein, where” should be corrected. 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.
Claims 1, 3-6, 8-15, 19, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0346871 by Duan.
Regarding Claim 1, Duan discloses a skin treatment device (e.g. abstract: hair removal apparatus) comprising:
a body (e.g. Fig. 18: housing 11);
a light source housed within the body and configured to deliver light energy pulses (e.g. ¶2, Fig. 9: intense pulse light IPL light tube 1311);
a control system configured to control the light source to deliver the light energy pulses (¶¶ 15, 86 and Fig. 6: circuit board 18 with control module to control light source);
a primary lightguide configured to guide the light energy pulses from the light source onto a subject’s skin, wherein the primary lightguide comprises a solid material through which the light energy pulses are transmitted, and wherein the solid material defines a first skin contact surface for providing contact with the subject’s skin (e.g. abstract, ¶¶ 64, 90, and Fig. 11, Fig. 18: contact portion 132 with light-transmitting crystal 1321, for contact with the skin);
a cooling arrangement configured to cool the solid material (e.g. ¶¶ 63, 104, and Fig. 12: thermoelectric element 125); and
a head configured to be mountable and demountable to the body (e.g. ¶ 18, 119, and Fig. 18: detachable head 16), wherein the head comprises:
a rearward end for releasably mounting to the body (e.g. ¶ 119: head 16 is coupled with a proximal magnet 162 to the body 11);
a forward end comprising a second skin contact surface (e.g. ¶¶ 119-123, and Fig. 19: the exterior distal end surface of head 16, which includes contact sensor 163, and is designed for contact with skin of different area, ie. the converting head 16 is intended to change the use of the device to a smaller area of skin); and
a secondary lightguide defining a light energy pulse transmission channel extending between the forward end and rearward end (e.g. ¶¶ 18-19, 119-123, and Fig. 18-19: any part or the entirety of the transmissive interior of head 16, which redirects light from a larger area 1321 to a smaller opening 162, in order to treat smaller areas/narrower parts of skin; Note here that absent any special definition, the “lightguide” is interpreted as any structure capable of transmitting light, such as a light transmissive channel or opening or window or other optics);
wherein the rearward end extends to the forward end (e.g., as seen in Fig. 18-19 and discussed in ¶ 121 for the sloped exterior, the outer side surfaces of head 16 are continuous, connecting the proximal with the distal portion of the head, thus the proximal and distal ends are connected and either one can be described as extending to the other);
wherein the second skin contact surface defines an opening to the light energy pulse transmission channel (e.g. ¶¶ 18,120, and Fig. 18-19: light transmissive opening defined by the interior of head 16, such as opening 162); and
wherein the second skin contact surface extends around at least a part of a periphery of the opening (e.g. Fig. 19: the distal end surface of the head 16, which is meant for and capable of contact with the skin, includes a portion that extends around a periphery of opening 162, and includes contact sensor 163);
wherein the device is configured to be operable in a first operable configuration with the head demounted from the body and in a second operable configuration where the head is mounted to the body, such that in the second operable configuration, the first skin contact surface is spaced apart from the subject’s skin and the light energy pulses pass through both the solid material of the primary lightguide and the light energy pulse transmission channel of the secondary lightguide (e.g. ¶¶ 18-19, 119-123, and Fig. 18-19: the converting head 16 is detachable and it permits use of the device for different areas of skin, while also spacing solid lightguide 1321 from the skin when the converting head is attached).
Regarding Claim 3, Duan discloses the skin treatment device according to claim 1 further comprising a detector for detecting whether the head is mounted from the body (e.g. ¶¶ 19,126-129: Hall effect switch sensor 17 for detecting when the head 16 is mounted to portion 132).
Regarding Claim 4, Duan discloses the device according to claim 1 further comprising an adaptor for securing to the body and arranged to partially obscure the first skin contact surface (e.g. Fig. 18-19: any part of the side walls of head 16 would partially obscure contact surface 1321, and “securing to the body” depends on the intended use of the device, e.g. the entire head 16 is capable of securing to an area between a thumb and a finger, or an area of an armpit etc.).
Regarding Claim 5, Duan discloses the skin treatment device according to claim 1, wherein the device is further configured to detect whether the head is mounted from the body; and wherein the control system is further configured to modify operation of the device dependent on the whether the head is mounted from the body (e.g. ¶¶ 19, 35, 126-129: Hall effect switch sensor 17 for detecting when the head 16 is mounted to portion 132 and controlling the operation of the emission of light).
Regarding Claim 6, Duan discloses the skin treatment device according to claim 1, wherein the control system is further configured to: control delivery of multiple light energy pulses; control delivery of an optical power output; and cause modification to the optical power output dependent upon whether the head is mounted from the body; and wherein the optical power output is defined as light output energy per pulse emitted from the device divided by the time between consecutive pulses (as discussed in Claim 5, the device is controlled depending on whether the head is mounted, thus changing the optical power output, see ¶¶ 19, 35, 126-129).
Regarding Claim 8, Duan discloses the skin treatment device according to claim 1, wherein the solid material comprises glass (e.g. ¶ 90: quartz).
Regarding Claim 9, Duan discloses the skin treatment device according to claim 1, wherein the primary lightguide further comprises a filter configured to filter out predetermined wavelengths of light energy (e.g. ¶17,28,64: light filter 1313).
Regarding Claim 10, Duan discloses the skin treatment device according to claim 1, wherein a majority of the light energy pulse transmission channel comprises a through-bore (as can be seen in Fig. 19 for opening 162).
Regarding Claim 11, Duan discloses the device according to claim 1, wherein the second skin contact surface is further defined by a peripheral rim extending around the opening to the light energy pulse transmission channel of the secondary lightguide (as can be seen in Fig. 19 for opening 162 and the rim surrounding this opening).
Regarding Claim 12, Duan discloses the device according to claim 1, wherein the cooling arrangement is a Thermoelectric Cooling System (¶¶ 13,29,104: semiconductor refrigeration sheet 125, aka Peltier element).
Regarding Claim 13, Duan discloses the device according to claim 1, wherein the cooling arrangement is capable of being activated in both the first and second operable configurations (e.g. ¶ 81, 130: cooling operates with or without the head 16).
Regarding Claim 14, Duan discloses the device according to claim 1, wherein the head further comprises sensors disposed adjacent the opening (e.g. Fig. 19: sensor 163); and wherein, where in the second operable configuration, the control system is further configured to receive sensor outputs from the sensors and based on the sensor outputs, control operation of the device (e.g. ¶ 120,124,129: sensor 163 controls the light output from off to on, depending on skin contact).
Regarding Claim 15, Duan discloses the device according to claim 1, wherein the body comprises sensors disposed adjacent the first skin contact surface; and wherein, where in the first operable configuration, the control system is further configured to receive sensor outputs from sensors and based on the sensor outputs, control operation of the device (e.g. ¶¶ 110-115: sensor 1324, which includes multiple sensors 13241, detect skin contact and controls the operation of the device).
Regarding Claim 19, Duan discloses the device according to claim 6, wherein the optical power output is greater when the head is mounted to the body than when the head is demounted to the body (as discussed in Claim 5, the power is turned on or off depending on whether the head is attached correctly).
Regarding Claim 22, Duan discloses the device according to claim 12 wherein the TEC comprises: a thermoelectric cooler; a heat exchanger; a heat pipe between the thermoelectric cooler and the heat exchanger; and a fan configure to direct air towards the heat exchanger (e.g. ¶ 63, Fig. 8, 10, and 12: Peltier element 125, heat sink 12312, heat pipe 1232, fan 121).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Duan, as applied to Claim 1, in view of US 2007/0038206 by Altshuler.
Regarding Claim 2, Duan discloses the device according to claim 1, yet does not disclose further comprising a temperature sensor configured to measure a temperature of the solid material of the primary lightguide; wherein the control system is further configured to control operating parameters of the cooling arrangement dependent upon the measured temperature of the solid material.
However, Altshuler teaches an analogous light treatment device which includes a temperature sensor that senses the temperature of a light source assembly, the assembly including a solid lightguide, and when the temperature exceeds a threshold, it prevents light emission or increases cooling by controlling a cooling arrangement (e.g. ¶¶ 19, 26, 79, 82, 104: thermal switch 200 monitors the temperature of light source assembly 230, including transmissive lightguide window 240, and cuts off power to the light source or enhances cooling when the temperature is too high). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a temperature sensor to control operating parameters of the cooling arrangement in a device according to the teachings of Duan, as taught by Altshuler, in order to prevent damage to the tissue and/or the device, as suggested by Altshuler (e.g. ¶ 5).
Regarding Claim 17, which depends on claim 2, Duan fails to disclose wherein the control system is further configured to: control delivery of multiple light energy pulses; control delivery of an optical power output; and reduce the optical power output if the measured temperature of the solid material reaches or exceeds a threshold value; wherein the optical power output is defined as light output energy per pulse emitted from the device divided by the time between consecutive pulses (e.g. Altshuler ¶¶ 19, 26, 79, 82, 104: thermal switch 200 monitors the temperature of light source assembly 230, including transmissive lightguide window 240, and cuts off power to the light source or enhances cooling when the temperature is too high).
Regarding Claim 18, Duan as modified in Claim 2, teaches the device according to claim 2, wherein the control system is further configured to prevent delivery of a light energy pulse if the measured temperature of the solid material reaches or exceeds a threshold value (e.g. Altshuler ¶¶ 19, 26, 79, 82, 104: thermal switch 200 monitors the temperature of light source assembly 230, including transmissive lightguide window 240, and cuts off power to the light source or enhances cooling when the temperature is too high).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Duan, as applied to Claim 1, in view of US 20050045189 by Jay.
Regarding Claim 15, Duan discloses the device according to claim 1, yet does not disclose wherein at least a portion of the forward end of the head comprising the second skin contact surface is at least partially moveable from a rest position to a deflected position to accommodate the geometry of the subject’s skin. However, Jay teaches an analogous light treatment device which includes a flexible contact interface for conforming with the skin of the patient (e.g. ¶71, Fig. 2: resilient interface 52). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate resilient flexible (and thus movable) material on the contact interfaces of a device according to the teachings of Duan, as taught by Jay, in order to predictably conform with tissue at the site of contact, something which would enhance patient comfort.
Allowable Subject Matter
Claims 7, 17, and 20-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art does not reasonably teach, suggest or render obvious, either alone or in combination, claims 7, 20 and 21 taken as a whole. Regarding Claims 7 and 21, Duan fails to disclose, wherein the control system is further configured to control a time period between delivery of consecutive pulses; and select the time period from a plurality of different time periods dependent upon whether the head is mounted or demounted from the body. Claim 21 depends on Claim 7. Regarding Claim 20, which depends on claim 6, Duan fails to disclose wherein the optical power output is between 1.5-3 times greater when the head is mounted to the body than when the head is demounted to the body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANOLIS Y PAHAKIS whose telephone number is (571)272-7179. The examiner can normally be reached M-F 9-5, EST.
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, CARL LAYNO can be reached at (571)272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MANOLIS PAHAKIS/Examiner, Art Unit 3796