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 § 102
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 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 1-4, 9-16 and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Shenzhen Jiayukang Medical Instrument Co Ltd (CN 115253089A), herein Shenzhen.
Regarding Claim 1, Shenzhen discloses a main frame 2, 10 (Fig. 1, 2, entire housing of device); a first light source assembly disposed in the main frame and comprising a first light source 3; a circuit board 90 disposed in the main frame and electrically connected with the first light source assembly (Fig. 1, 2); a first optical sheet 5 installed to the main frame comprising one or more filter for filtering light from the light source (p. 5 of the translation, line beginning “As an embodiment, referring to Fig. 1-6 and Fig. 9, the filter 5 is installed in the filter holder…”), wherein the at least one optical filter is coated with a filter film to allow transmission of certain frequencies of light and block (and therefore reflect ) light outside of the wavelength that is allowed to pass through (see pp. 9 and 10 of the translation for examples of filter ranges). In one example, Shenzhen discloses allowing light of 1200nm (which is above 700 nm) and therefore blocking (and thus reflecting) visible light below that wavelength (p. 9 of the translation).
In regard to Claim 2, Shenzhen discloses multiple filters 5 that can be detachably and replaceably installed in a holder 55 in the main frame (“ the filter 5 is installed in the filter holder 55, the two ends or both sides of the filter holder 55 are respectively provided with protruding shafts 550, and the connecting rod 54 is movable”, p.5 of the translation; “In other embodiments, other manual mechanisms can also be provided on the working head to connect the filters, and the position of the moving filters can be manually adjusted to select and switch the filters of the light exit window.”, p.6 of the translation).
Regarding Claim 4, Shenzhen discloses replaceably inserting filters into slots (see Fig. 11a-c).
With regard to Claims 9, 12 and 13, Shenzhen discloses and embodiment in which a rotatable holder 350 allows the optical filters 5 to be shaped as a cylinder than rotate about the light source to change the wavelgnth that is allowed to pass through (see embodiment of Fig. 12 and 13).
In regard to Claim 10, Shenzhen discloses a reflector 32 disposed behind the light source 3 and a heat dissipation member (i.e. a finned radiator 33) disposed behind the light source (Fig. 31) and wherein the optical filter 5 can rotate in a slot about the reflector and heat dissipation member (see embodiments of Fig. 12-19, 23), wich allows switching between multiple light bands..
With regard to the cylindrical embodiment of Claim 11, Shenzhen discloses a cylindrical body having multiple filters spliced together forming different filter zones that can be rotated through by rotating around the light sruce 3, “Multiple filters 5 are connected in arcs or formed by the same arc-shaped substrate, and the whole is arc-shaped. Referring to Figure 20, the curved filter can be formed by splicing three filters, or it can be formed on the same substrate through a partition coating process to form different filter areas equivalent to multiple filters. The curved optical filter of this embodiment has a smaller structural space and can be adapted to all forms of beauty instruments. In this embodiment, a fixed filter 5' and a movable and adjustable arc filter can be arranged in front of the lamp tube.”, pp. 6-7 of the translation.
Regarding Claims 14 and 15, Shenzhen discloses an embodiment for the filter 5 that involves a gear having a linkage rod that meshes with an adjustment knob (outer ridged (e.g. toothed) edge protruding from the housing, See Fig. 12-20), see pp.6-7 of the translation “The movement of the arc filter 5 can be realized manually or automatically. As an embodiment, the arc filter holder 55 that fixes the arc filter 5 is provided with a rack, the fuselage or the working head A gear driven by a motor can be set inside, and the gear meshes with the rack of the filter holder to drive the filter holder 55 to rotate, thereby moving the arc-shaped filter 5, so that the corresponding filter area or filter rotates to the light exit channel used for filtering. Similarly, a manual dial connected to the filter holder 55 can also be provided, or the outer edge of the filter holder 55 can be directly protruded from the housing of the beauty instrument, and the filter can be moved manually by cooperating with the guide track or the guide groove. The sheet holder 55 is moved to switch different filters.”
In regard to Claim 16, Shenzhen discloses a lower casing 20 with battery 40 therein, see Fig. 1 and pp. 4 of the translation “Specifically, the casing of the fuselage 2 includes a lower casing 20 and a display cover 21 fastened with the lower casing. A decorative ring casing 22 may also be provided between the lower casing 20 and the display cover 21. After the fastening, the inner cavity is installed Control circuit board 90 and power supply unit 40 . The power supply unit 40 may be a rechargeable battery, a disposable battery, a capacitor battery, an external power supply module or other power supply modules in the prior art.”
In regard to Claim 20, Shenzhen discloses a heat dissipation member 33 and air channels (an inlet and outlet, e.g. holes) to promote heat dissipation (p.2 of the translation).
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.
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, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Muller (PGPUB 2020/0030626) in view of Dye et al. (2016/0175609).
Regarding Claim 1, Muller discloses a main frame (i.e. a housing, Fig. 1, see frame of the entire device); a first light source assembly 2 (Fig. 3, 4) disposed in the housing; a first optical sheet 4 (a filter disk) installed in the housing for filtering light of a preset wave length )such as blocking light below 700nm (thereby reflecting it) and allowing light greater than 700 nm to be transmitted (par. [0051, 0089]). Muller discloses controlling the device with a knob 14 (Fig. 1) but is silent regarding a circuit board disposed in the main frame and electrically connected with the first light source assembly. However, in the same field of endeavor of light therapy, Dye discloses utilizing a circuit board with the light therapy device for the purpose of providing precise and efficient control of the illumination sources (such as LEDs, see par. [0066]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in the Muller reference to include a circuit board, as taught and suggested by Dye, for the purpose of providing precise and efficient control of the illumination sources.
In regards to Claim 6, Muller discloses all of the claimed invention except for one or two auxiliary frames, each having its own light source, optical sheet and filter. However, in the same field of endeavor of light therapy device, Dye discloses auxiliary frames 10 (left and right panels, see Fig. 2A) each having their own light sources (24, 26, 28, see Fig.4; par. [0057]) on an optical sheet and each having their own optical filters (to provide different color LED light). This provides the benefit of providing uniform and efficient illumination (Abstract). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in the Muller reference to include one or two auxiliary light panels having their own light sources and optical filters, as taught and suggested by Dye, for the purpose of providing uniform and efficient illumination.
Regarding Claim 8, Muller and Dye disclose the auxiliary frames are rotatable about a shaft 14 (Dye: Fig. 2A-2B, 3) to allow the auxiliary frames 10 to open and close and therefore accommodate different face widths
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Muller (PGPUB 2020/0030626) in view of Dye et al. (2016/0175609), further in view of Butlein (2019/0269934).
In regard to Claim 7, Muller and Dye disclose fixedly installed optical sheets on the one or more auxiliary frames (see rejection of Claim 6). Muller and Dye fail to disclose heat dissipation holes in the main frame. However, in the same field of endeavor of light therapy devices, Butlein discloses incorporating airholes 170 into a top surface of the main frame of the therapy device for the purpose of dispersing the heat from inside of the device (par. [0036]; Fig. 4). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in the Muller and Dye combination to include heat dissipation holes in the frame, as taught and suggested by Butlein, for the purpose of dispersing heat from inside of the device.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Muller (PGPUB 2020/0030626) in view of Dye et al. (2016/0175609), further in view of Hetz (2020/0384287).
In regard to Claim 18, Muller and Dye disclose a reflector 10 behind the light source (Fig. 3, 8; par. [0082]) but fails to disclose a convex lens between the light source and filters. However, in the same field of endeavor of light therapy devices, Hetz discloses incorporating lenses such as convex lenses for the purpose of changing the light profile as desired to provide the intended therapeutic effect (par. [0313]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in the Muller and Dye combination reference to include a convex lens, as taught and suggested by Hetz, for the purpose of changing the light profile as desired to provide the intended therapeutic effect.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shenzhen Jiayukang Medical Instrument Co Ltd (CN 115253089A), herein Shenzhen , in view of Douglas (2014/0257439).
Regarding Claim 5, Shenzhen discloses all of the claimed invention except for attaching the optical sheet to the main frame by magnetic components installed in the mainframe and the holder. However, in the same field of endeavor of a light therapy device, Douglas discloses incorporating magnetic fasteners into the main frame and filter holder (par. [0015]) for the purpose of allowing ease of replacement of the filter while promoting a strong securing attachment. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in the Shenzhen reference to include magnetic components, as taught and suggested by Douglas, for the purpose of allowing ease of replacement of the filter while promoting a strong securing attachment.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shenzhen Jiayukang Medical Instrument Co Ltd (CN 115253089A), herein Shenzhen , in view of Hetz (2020/0384287). Shenzhen discloses utilizing a reflector 32 behind the light source 3 but fails to disclose a convex lens between the light source and filters. However, in the same field of endeavor of light therapy devices, Hetz discloses incorporating lenses such as convex lenses for the purpose of changing the light profile as desired to provide the intended therapeutic effect (par. [0313]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in the Shenzhen reference to include a convex lens, as taught and suggested by Hetz, for the purpose of changing the light profile as desired to provide the intended therapeutic effect.
Allowable Subject Matter
Claim 19 is 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.
Conclusion
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/ALLEN PORTER/Primary Examiner, Art Unit 3796