DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim(s) 1-9 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0071547 Decaux et al., hereinafter “Decaux”, in view of US 2018/0168318 Streeter et al., hereinafter “Streeter” (both cited previously).
Regarding claim 1, Decaux discloses a device configured for a topical light therapy (Abstract and Figure 9B), the device comprising: a base (Figure 9A, element 114 and Figure 9C, element 15 the base is the casing; See Also Annotated Figure 9B below) comprising a light-emitting diode (LED) (Figure 9B, elements 9A and Para 160; See annotated Figure 9B that shows the LED is part of the base) operably connected with a power source (Para 136); and a cover (See Annotated Figure 9B below; Cover is removable element 17; Examiner would also like to point out that the instant application states that the cover (element 3) is made of waveguides) comprising: a wall partially surrounding an internal volume configured to receive a cosmetic consumable therein (See Annotated Figure 9B, the wall of the cover and surrounds the cavity/reservoir 102 that holds cosmetic product 3); and a waveguide (Figure 9B, elements 113, see also Para 160) corresponding with the LED (Figure 9B shows the LEDs 9A corresponding/aligning with waveguides 113), the waveguide extending through the wall along an entire length of the cover (Annotated Figure 9B shows the waveguide 113 extending through the cover and the wall portion; see Para 160 that discloses “One or more light guides 113 can be positioned around the wall of the reservoir, extending between a position close to the light source 9, here shown as a plurality of LED's 9A, and a position closed to or in abutment with the housing 110 of the capsule 17. Thus light from the light source 9, especially the LED's, can be transferred to the capsule 17 by the light guide(s) passed the reservoir 102, unhindered by the product 3 in the reservoir 102”), the waveguide having an entrance at a distal end portion of the cover within the wall (Annotated Figure 9B) and an exit at a proximal extent of the cover (Annotated Figure 9B and Para 161); wherein attachment of the cover to the base in an assembled configuration of the device operably associates the waveguide with the LED (Para 160 and Annotated Figure 9B shows the assembled configuration with waveguide 113 aligned with LED 9A), with the entrance of the waveguide positioned adjacent to the LED (Annotated Figure 9B, elements 9A and 113) such that at least a portion of a light beam of the LED is transmitted from the entrance of the waveguide to the exit of the waveguide at the proximal extent of the cover while the device is in the assembled configuration for the topical light therapy (Para 160-161 and 133).
PNG
media_image1.png
424
700
media_image1.png
Greyscale
Annotated Figure 9B
Even if Decaux does not disclose the waveguide extending through the wall along an entire length of the cover.
Streeter discloses a phototherapy cosmetic device (Abstract and Figure 3), and teaches the waveguide extending through the wall along an entire length of the cover (The cover is shown in Figure 4 formed of element 26, keeping that in mind refer to Figure 3 that shows the waveguide 38 along the entire length of the cover having a proximal end by the light 36 and a distal end 28 at the end portion of the cover).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed the waveguide extending through an entire length of the cover, as taught by Streeter, in the invention of Decaux, in order to direct light to a focal location (Streeter; Para 56).
Regarding claim 2, Decaux discloses a base adapter configured for reversible attachment of a cosmetic to the base (Figure 9B & C, element 17, the cosmetic, is detachable from 15, the base. Hinges 130/103 are the adapters that holds the two parts together).
Regarding claim 3, Decaux discloses all the limitations of claim 1.
Decaux does not disclose a communication interface, a recharge interface, or both.
However, Streeter discloses a phototherapy cosmetic device (Abstract and Figure 3), and teaches a communication interface, a recharge interface, or both (Para 59; a recharge interface is disclosed).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a recharge interface, as taught by Streeter, in the invention of Decaux, in order to recharge the battery fueling the applicator (Streeter; Para 59).
Regarding claim 4, Decaux discloses circuitry configured for selection of a mode of operation of the device among a plurality of modes of operation of the device (Para 102; “a mode of operation” is not defined, simply controlling the settings of the LED, like changing the voltage, irradiance, power, etc. is a change in mode of operation).
Regarding claim 5, Decaux discloses the LED is of a plurality of LEDs (Figure 9A, elements 9A) and the waveguide is of a plurality of waveguides of the cover (Figure 9B, elements 113 and Para 160 stating “one or more light guides”).
Regarding claim 6, Decaux discloses all the limitations of claim 1.
Decaux does not disclose at least a second portion of the light beam is scattered from the waveguide at a position between the entrance and exit.
However, Streeter teaches at least a second portion of the light beam is scattered from the waveguide at a position between the entrance and exit (Para 4; this limitation is very broad, examiner interprets this as: as the light beam passes through the waveguide a second beam would form. Para 4 discloses all types of waveguides such as “diffractive elements (e.g., gratings, cross-gratings, or the like), diffusing elements, etchings, facets, grooves, lens structures, light-diffusing structures, mirrored structures, mirrored surfaces, optical micro-prisms, lenses (e.g., micro-lenses or the like), reflective coatings, reflective materials, reflective surfaces”; some of these elements like diffusers, mirrors, reflective surfaces, etc.. are known to scatter the light in the waveguide).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed light beam scattering, as taught by Streeter, in the invention of Decaux, in order to direct light to focal regions of the biological structure (Streeter; Para 4).
Regarding claim 7, Decaux discloses a device configured for a topical light therapy (Abstract and Figure 9B), the device comprising: a base (Figure 9A, element 114 and Figure 9C, element 15 the base is the casing; See Also Annotated Figure 9B), comprising: a LED (Figure 9B, elements 9A and Para 160; See annotated Figure 9B that shows the LED is part of the base) operably connected with a power source (Para 136), and a base adapter configured for reversible attachment of a cosmetic (Figure 9B & C, element 17, the cosmetic, is detachable from 15, the base. Hinges 130/103 are the adapters that holds the two parts together) thereto; and a cover (Figure 9B, element 17) configured for reversible attachment to the base (Figure 9B & C, element 17, the cosmetic/cover, is detachable from 15, the base. Hinges 130/103 are the adapters that holds the two parts together) to form an assembled configuration of the device (See Annotated Figure 9B that shows the assembled device); the cover comprising: a wall partially surrounding an internal volume configured to receive a cosmetic consumable therein (See Annotated Figure 9B, the wall of the cover and surrounds the cavity/reservoir 102 that holds cosmetic product 3); and a waveguide (Figure 9B, elements 113, see also Para 160) corresponding with the LED (Figure 9B shows the LEDs 9A corresponding/aligning with waveguides 113), the waveguide extending through the wall along an entire length of the cover (Annotated Figure 9B shows the waveguide 113 extending through the cover and the wall portion; see Para 160 that discloses “One or more light guides 113 can be positioned around the wall of the reservoir, extending between a position close to the light source 9, here shown as a plurality of LED's 9A, and a position closed to or in abutment with the housing 110 of the capsule 17. Thus light from the light source 9, especially the LED's, can be transferred to the capsule 17 by the light guide(s) passed the reservoir 102, unhindered by the product 3 in the reservoir 102”), the waveguide having an entrance at a distal end portion of the cover within the wall (Annotated Figure 9B) and an exit at a proximal extent of the cover (Annotated Figure 9B and Para 161); wherein attachment of the cover to the base in the assembled configuration of the device operably associates the waveguide with the LED (Para 160 and Annotated Figure 9B shows the assembled configuration with waveguide 113 aligned with LED 9A), with the entrance of the waveguide positioned adjacent to the LED (Annotated Figure 9B, elements 9A and 113) such that at least a portion of a light beam of the LED is transmitted from the entrance of the waveguide to the exit of the waveguide at the proximal extent of the cover while the device is in the assembled configuration for the topical light therapy (Para 160-161 and 133).
Even if Decaux does not disclose the waveguide extending through the wall along an entire length of the cover.
Streeter discloses a phototherapy cosmetic device (Abstract and Figure 3), and teaches the waveguide extending through the wall along an entire length of the cover (The cover is shown in Figure 4 formed of element 26, keeping that in mind refer to Figure 3 that shows the waveguide 38 along the entire length of the cover having a proximal end by the light 36 and a distal end 28 at the end portion of the cover).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed the waveguide extending through an entire length of the cover, as taught by Streeter, in the invention of Decaux, in order to direct light to a focal location (Streeter; Para 56).
Regarding claim 8, Decaux discloses the cosmetic is attached to the base, the device is configured for the topical light therapy in parallel with application of the cosmetic to a portion of a subject’s body (Para 160).
Regarding claim 9, Decaux discloses the cosmetic is not attached to the base, the device is configured for the topical light therapy in absence of application of the cosmetic to a portion of a subject’s body (Para 160; the cosmetic capsule can be removed, therefore its inherent that light can be applied without the cosmetic product).
Regarding claim 11, Decaux discloses the LED is of a plurality of LEDs (Figure 9A, elements 9A) and the waveguide is of a plurality of waveguides of the cover (Figure 9B, elements 113 and Para 160 stating “one or more light guides”).
Regarding claim 12, Decaux discloses all the limitations of claim 7.
Decaux does not disclose a communication interface, a recharge interface, or both.
However, Streeter discloses a phototherapy cosmetic device (Abstract and Figure 3), and teaches a communication interface, a recharge interface, or both (Para 59; a recharge interface is disclosed).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a recharge interface, as taught by Streeter, in the invention of Decaux, in order to recharge the battery fueling the applicator (Streeter; Para 59).
Regarding claim 13, Decaux discloses circuitry configured for operable selection of a mode of operation of the device among a plurality of modes of operation of the device (Para 102; “a mode of operation” is not defined, simply controlling the settings of the LED, like changing the voltage, irradiance, power, etc. is a change in mode of operation).
Regarding claim 14, Decaux discloses all the limitations of claim 10.
Decaux does not disclose at least a second portion of the light beam is scattered from the waveguide at a position of the waveguide between the entrance and exit.
However, Streeter teaches at least a second portion of the light beam is scattered from the waveguide at a position of the waveguide between the entrance and exit (Para 4; this limitation is very broad, examiner interprets this as: as the light beam passes through the waveguide a second beam would form. Para 4 discloses all types of waveguides such as “diffractive elements (e.g., gratings, cross-gratings, or the like), diffusing elements, etchings, facets, grooves, lens structures, light-diffusing structures, mirrored structures, mirrored surfaces, optical micro-prisms, lenses (e.g., micro-lenses or the like), reflective coatings, reflective materials, reflective surfaces”; some of these elements like diffusers, mirrors, reflective surfaces, etc.. are known to scatter the light in the waveguide).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed light beam scattering, as taught by Streeter, in the invention of Decaux, in order to direct light to focal regions of the biological structure (Streeter; Para 4).
Regarding claim 15, Decaux discloses all the limitations of claim 14.
Decaux does not disclose the second portion of the light beam creates an optical effect at least at the position of the waveguide between the entrance and exit when scattered therefrom.
However, Streeter teaches the second portion of the light beam creates an optical effect at least at the position of the waveguide between the entrance and exit when scattered therefrom. (Para 4; this limitation is very broad; examiner interprets this as: as the light beam passes through the waveguide a second beam would form. Para 4 discloses all types of waveguides such as “diffractive elements (e.g., gratings, cross-gratings, or the like), diffusing elements, etchings, facets, grooves, lens structures, light-diffusing structures, mirrored structures, mirrored surfaces, optical micro-prisms, lenses (e.g., micro-lenses or the like), reflective coatings, reflective materials, reflective surfaces”; some of these elements like diffusers, mirrors, reflective surfaces, etc.. are known to scatter the light in the waveguide).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed light beam scattering, as taught by Streeter, in the invention of Decaux, in order to direct light to focal regions of the biological structure (Streeter; Para 4).
Response to Arguments
Applicant’s arguments have been fully considered but are moot because the new ground of rejection.
The 112 (a) Written description rejection has been overcome.
Refer to U.S.C. 103 rejection above for the newly rejected claims.
Regarding applicants arguments, examiner respectfully disagrees.
Applicant argues “Thus light ... can be transferred to the capsule 17 by the light guides passed [sic] the reservoir 102 . ..." (Emphasis added.) Id. The capsule 17 includes the dispenser 7, the reservoir 102 containing the cosmetic product 3 and surrounded by the light guides 113. Accordingly, the capsule 17 is not equivalent to the recited cover and cannot be removed from the casing 15, nor does the capsule 17 contain the light guides 113, which instead surround the reservoir 102 of the capsule 17”. Examiner respectfully entirely disagrees with this statement. Para 160 of Decaux discloses “The capsule 17 can be removable from or engaged with the casing 15”, therefore first the capsule is removable from base 15. Second, the light guides are part of the cover 17 wall. Element 113 shown in Figure 9B is part of element 17 and while that might not be clear in Figure 9B, Figure 9C certainly shows that as one whole element 17 with light guides integrated into that element. Light guides 113 in Figure 9B certainly surround reservoir 102.
Applicant also argues “In this regard, the cover 37 must first be removed from the capsule 17 prior to use of the dispenser 7 and for the light rays 90 to "pass [] along side [of] the applicator element 7 ... ," and "irradiated on an area around the applicator zone 30 . . . ," or through a transparent applicator element 7”. Examiner respectfully also disagrees with this argument. First, examiner does not interpret element 37 as the cover, instead that is relied on as element 17. Also examiner believes that entire statement is speculation. Decaux does not disclose anywhere in their disclosure what element 37 actually represents. Applicants representative is guessing that 37 is a removable cover that is required to be removed prior to the use of the device. But even if so, that would not matter, element 37 is not the cover, instead that is element 17 that encompasses the applicator, reservoir, walls, and light guides.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
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 on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
Prosecution Insights