The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
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.
The following claim limitations have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (any paragraphs cited come from PGPUB 2024/0285969, representative of the specification of the instant application):
Claim 1
Optical means for tracking…
This limitation utilizes the generic placeholder “means”, transitional phrase “for” and functional language “tracking”. The preceding term “optical” does not apply specific structure that performs the function.
The specification states the following in paragraph 44: “the optical means 14 are constituted by an optical sensor.”
Therefore, the structure from the specification associated with this term is “an optical sensor”, for which it is noted that one of ordinary skill in the art would understand the bounds of which reads on this term (i.e., “optical sensor”).
Data communication means for communicating data…
This limitation utilizes the generic placeholder “means”, transitional phrase “for” and functional language “communicating data”. The preceding term “data communication” does not apply specific structure that performs the function.
The specification states the following in paragraph 43: “The device 10 is connected to the data processing unit 16 by means of wire and/or wireless means of communication, such as for example a wireless emitter/antenna and a wireless USB plug with wireless receiver, not shown in the figures, which is associated with the apparatus 11.
Therefore, the structure from the specification associated with this term is “a wireless emitter/antenna and a wireless USB plug with wireless receiver”.
In claim 1, the term “ergonomic” appears as the last word. The specification defines this term as follows in paragraph 40: “In the present description, the term “ergonomic” means that the body 17 can be gripped and handled easily.”
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, 4-8 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amir et al. (US Patent Pub. No. 2018/0014777).
Regarding claims 1 and 6, Amir discloses a device for measuring surfaces to be treated by photo-biomodulation, comprising: optical means for tracking axes of a surface to be treated (see paragraph 59, which states “Sensor(s) 214 may be an imaging sensor that captures still images and/or videos (e.g., at visible light wavelength, at infrared wavelength, and/or other non-visible wavelengths) of the facial segment (and/or face)”; also see paragraph 96, which states “The measurements may include… estimating the shape or the contour of the face area” thereby teaching to track axes of a surface as claimed), data communication means for communicating data to a data processing unit (see paragraph 73),
said data communication means being connected to said optical means (see paragraph 19, which states that “the treatment applicator transmits the at least one current value to the mobile device“, while noting that paragraph 18 states “at least one sensor for measuring at least one current value of at least one skin characteristic of the facial skin of the patient”),
a body for the containment of said optical means and said data communication means (see Figure 2, which illustrates “skin treatment application 202” containing therein “sensor(s) 214” and “applicator comm. Interface 222”),
said body being ergonomic (see paragraph 58, which states “Skin treatment applicator 202 may be hand-held (e.g., by a grip element) and moved along the face… Skin treatment applicator 202 may be relatively small, for example the size of 1 US cent coin to the size of a 25 US cent coin.”).
Regarding claim 4, Amir teaches that “Sensor(s) 214 may be an imaging sensor that captures still images and/or videos (e.g., at visible light wavelength, at infrared wavelength, and/or other non-visible wavelengths) of the facial segment (and/or face)”; (see paragraph 59).
Regarding claim 5, it is noted that paragraph 73 teaches that “Skin treatment applicator 202 may include an applicator communication interface 222 for communication with mobile device 204, for example, a short range wireless interface, a network interface, a cellular interface, … and/or a virtual interface.”
Regarding claim 7, Amir teaches that an apparatus (see the entirety of Figure 2), which includes a user interface (see user interface 236 of Mobile Device 204 and/or user interface 220 – see paragraph 71),
a data receiver of data originating from said device (see mobile interface 226, which acquires data from skin treatment application communication interface 222),
a data processing unit (see processing unit 206 of Mobile Device 204) comprising a microprocessor containing software (see program store 208 of Mobile device 204) for managing said apparatus and data received from said device (see paragraphs 82 and 85), said microprocessor being connected to the data receiver (see paragraph 85, where it discusses that the methods of Amir may be performed by mobile device “based on data outputted from sensors 214 and/or received from skin treatment applicator 202 and transmission of determined instructions for execution by skin treatment applicator 202, and/or shared between skin treatment applicator 202 and mobile device 204”),
a light source adapted to emit therapeutic light (see paragraph 65 and 146),
a handpiece for directing and delivering said therapeutic light emitted by said light source (see “skin treatment applicator 202 in Figure 2, and see paragraph 58 which teaches the applicator may be hand-held and moved along the face).
Regarding claim 8, paragraph 71 teaches that “Skin treatment applicator 202 may include or be in communication with a user interface 220 that allows the patient (or another user) to enter data and/or provides the patient (or other user) with outputted data. For example, the user interface may provide and/or receive data using one or more of: a touch-surface such as: a keyboard, a touch-pad, a touch-screen”.
Regarding claim 10, Amir teaches that “Skin treatment applicator 202 may include one or more sensors 214 (which may be different or similar), which may be fixed and/or removable modular units”. Therefore, this teaches that “said device is integrated in a terminal associated with said handpiece” in that Amir teaches the elements can be removable, therefore they would be inserted or removed from “a terminal” within the handpiece.
Regarding claim 11, it is noted that Figure 2 illustrates “said device is integrated in said handpiece”, meaning that the “sensor(s) 214” and the “applicator elements 216” are integrated in a single applicator.
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Amir in view of Dewey et al. (US Patent Pub. No. 2012/0197357).
Amir is described above in the rejection of claim 1. While Figure 2 of Amir illustrates an applicator in which optical sensors and therapeutic applicator are contained, and it is described as being small and hand-held, there is no easily understandable figure showing the overall shape of the device.
Dewey teaches a handheld apparatus for use by a non-physician consumer for skin treatment with optical energy (see Abstract). Figure 1 of Dewey illustrates the general shape of the device, in which a tip is visible. As shown in Figure 2, “tip” 26 is shown at the bottom right corner, which is near “exit window” 62 and then “mouse imaging optics” 80 and “mouse detector” 82 (also see paragraph 57). In other words, the device includes optical sensors proximate the tip of the device, and paragraph 57 explicitly discusses this as a “mouse”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include the optical sensors proximate the tip of the device, as illustrated explicitly by Dewey, and to arrange the parts in this fashion in the system of Amir, as it has been held that rearranging parts of an invention involves only routine skill in the art (In re Japikse, 86 USPQ 70; also see MPEP 2144.04(VI)(C)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Amir in view of Feriani et al. (US Patent Pub. No. 2014/0005590).
Amir is described above in the rejection of claim 7. While Figure 2 of Amir illustrates a mobile interface 226, which is wireless, there is no discussion of USB.
Feriani teaches a light pen dispenser (see Title). Feriani teaches that “a communication module, in this example a USB connector 18 may be provided for communication with an external device, as will also be explained hereafter. Other types of communication modules may of course be used instead or even a wireless module such as Bluetooth® or Wi-Fi may be used” (see paragraph 39).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to utilize a USB connection in conjunction with wireless, as both are discussed by Feriani in its system, and to utilize this for the wireless interface of Amir, because although Amir does not expressly teach a USB connection to deliver wireless connectivity, the reference does generally teach wireless communication, and utilization of a USB connection is well known in the art for connectivity functionality; accordingly, thus the use of either integrating wireless communication directly into a system or utilizing a USB port to provide wireless connectivity would amount to choosing from a finite number of connectivity options available in the art at the time of the invention, which has previously been held as unpatentable (KSR v. Teleflex).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES KISH whose telephone number is (571)272-5554. The examiner can normally be reached M-F 10:00a - 6p EST.
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/JAMES KISH/ Primary Examiner, Art Unit 3792