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 .
Terminal Disclaimer
The terminal disclaimer filed on 12/05/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Application No. 19/213,936 and U.S. Patent No. 12,332,504 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 1-2 and 4-26 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.
Claim 1 recites that “wherein each of the light emitting diodes emits light in a shape of an emission cone and each of the light emitting diodes are arranged angled relative to one another and relative to the front frame such that the emission cones intersect in an intersection area which covers a length range between 5 mm and 35 mm between a back surface of one of the respective glasses and an apex of the user’s cornea to illuminate a line of sight of the user.” However, it is unclear how an intersection area of emission cones can cover "a length range between 5 mm and 35 mm between the back surface of one of the respective glasses and the apex of the user's cornea." It is unclear if the intersection of the cones must have a dimension that is between 5 mm and 35 mm or if the cones must intersect at some point that is between 5 mm and 35 mm between the two elements. Further, it is unclear if the range of "between 5 mm and 35 mm" refers to a distance from the back surface, a distance from a user's cornea, or some other value. For the purposes of examination, any light emitting diodes that emit light which intersects at some point between the back surface of the glasses and a user's cornea will be interpreted as reading on the claimed invention.
Claims 2 and 4-26 are rejected as being dependent upon claim 1 and failing to cure the deficiencies of the rejected base claim.
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.
Claim(s) 1-2, 4, 6-7, 15, and 18-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al. (PCT Pub. No. WO 2019/153967; hereinafter – “Ma”). All citations to Ma are directed toward the English machine translation of the foreign document, provided as a reference.
Regarding claim 1, Ma teaches a portable light apparatus configured to be worn by a user, the portable light apparatus comprising at least:
a front frame (16) to house a pair of glasses and a pair of side frames connected to the front frame (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031), and
an operating device (1-13) having at least a battery (13) and at least one electronic part having a light device (1-8) configured to emit light (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041),
wherein the operating device is arranged in at least one of the side frames and/or the front frame (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031),
wherein the light device comprises at least two light emitting diodes (1+2+7+8 & 3+4+5+6) per each of the glasses which are arranged distributed over the front frame (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041), and
wherein each of the light emitting diodes emits light in a shape of an emission cone and each of the light emitting diodes are arranged angled relative to one another and relative to the front frame such that the emission cones intersect in an intersection area which covers a length range between 5 mm and 35 mm between a back surface of one of the respective glasses and an apex of the user’s cornea to illuminate a line of sight of the user (See e.g. Figs. 3-5; Paragraphs 0024-0026, 0034-0036, and 0042-0043).
Regarding claim 2, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the light emitting diodes or the emission cones are arranged angled relative to one another such that an intersection area of the emission cones is elliptical shaped (See e.g. Figs. 3-5; Paragraphs 0024-0026, 0034-0036, and 0042-0043).
Regarding claim 4, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the light device comprises at least four light emitting diodes (1+2+7+8 & 3+4+5+6) assigned to one of the glasses (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041).
Regarding claim 6, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the at least one electronic part comprises two openings to receive the glasses, wherein the light emitting diodes assigned to one of the glasses are distributed around the openings (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041).
Regarding claim 7, Ma teaches the portable light apparatus according to claim 6, as above.
Ma further teaches that the light emitting diodes are arranged on a plane surface of the at least one electronic part (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041).
Regarding claim 15, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the at least one electronic part comprises at least one bent area in a nose bridge area (9) and a connection area to at least one of the side frames (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0044).
Regarding claim 18, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that one of the side frames comprises a power switch element (10, 11, 12, 13, 19) connected to the operating device (See e.g. Figs. 1 and 6; Paragraphs 0022, 0027, 0029-0031, and 0039-0041).
Regarding claim 19, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the front frame comprises two frame parts permanently or temporarily connected to one another to hold the glasses and the at least one electronic part with its light device (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031).
Regarding claim 20, Ma teaches the portable light apparatus according to claim 19, as above.
Ma further teaches that the at least one electronic part and the light device are held in one of the frame parts (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031).
Regarding claim 21, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the operating device comprises a light device driver (10, 11, 12, 13, 19) to control stroboscopic frequency and/or light sequences of the light device in the front frame (See e.g. Figs. 1 and 6; Paragraphs 0022, 0027, 0029-0031, and 0039-0041).
Regarding claim 22, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the glasses are configured as transparent or colored glasses, ophthalmic grade glasses, color tinted glasses and/or functionally coated glasses and/or thermochromic coated glasses and/or electrochromic coated glasses (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031).
Regarding claim 23, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the electronic device and the light device are configured to emit light with adjustable light color (See e.g. Figs. 1 and 6; Paragraphs 0022-0023, 0026-0027, 0029-0032, 0036-0038, and 0041).
Regarding claim 24, Ma teaches the portable light apparatus according to claim 23, as above.
Ma further teaches that the light emitting diodes are configured to emit light with a wavelength between 380 nm and 800 nm (See e.g. Figs. 1 and 6; Paragraphs 0022-0023, 0026-0027, 0029-0032, 0036-0038, and 0041).
Regarding claim 25, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches a control system comprising a portable light apparatus according to claim 1 and a mobile device, wherein the portable light apparatus comprises a communication interface, a light device and an electronic device, and the mobile device comprises another communication interface and a light therapy application, wherein the light therapy application is configured to perform a communication connection via the communication interfaces to the electronic device of the portable light apparatus from the mobile device to control at least one of the following light parameters: brightness, strobe frequency and light color of the light device (See e.g. Figs. 1 and 6; Paragraphs 0022-0023, 0026-0027, 0029-0032, and 0036-0041).
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) 1-2, 4-24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lack et al. (U.S. PG-Pub No. 2006/0136018; hereinafter – “Lack”) in view of Ma.
Regarding claim 1, Lack teaches a portable light apparatus configured to be worn by a user, the portable light apparatus comprising at least:
a front frame (8) to house a pair of glasses and a pair of side frames connected to the front frame (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074), and
an operating device (4, 5, 6, 7, 10, 11) having at least a battery (11) and at least one electronic part having a light device (4, 5) configured to emit light (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074),
wherein the operating device is arranged in at least one of the side frames and/or the front frame (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074),
wherein the light device comprises at least two light emitting diodes (4, 5) per each of the glasses which are arranged distributed over the front frame (See e.g. Figs. 1 and 3-10; Paragraphs 0061-0074), and
wherein each of the light emitting diodes emits light in a shape of an emission cone and each of the light emitting diodes are arranged angled relative to one another and relative to the front frame such that the emission cones substantially intersect between a back surface of one of the respective glasses and an apex of the user’s cornea to illuminate a line of sight of the user (See e.g. Figs. 4, 6, and 7; Paragraphs 0067 and 0075-0083).
Lack fails to explicitly disclose that the emission cones intersect in an intersection area which covers a length range between 5 mm and 35 mm.
However, Ma teaches an illumination device for cooperatively regulating human biological rhythms in multiple paths comprising a front frame (16) to house a pair of glasses and a pair of side frames connected to the front frame (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031), and an operating device (1-13) having at least a battery (13) and at least one electronic part having a light device (1-8) configured to emit light (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041), wherein the operating device is arranged in at least one of the side frames and/or the front frame (See e.g. Fig. 1; Paragraphs 0022, 0024, and 0026-0031), wherein the light device comprises at least two light emitting diodes (1+2+7+8 & 3+4+5+6) per each of the glasses which are arranged distributed over the front frame (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041), and wherein each of the light emitting diodes emits light in a shape of an emission cone and each of the light emitting diodes are arranged angled relative to one another and relative to the front frame such that the emission cones intersect in an intersection area which covers a length range between 5 mm and 35 mm between a back surface of one of the respective glasses and an apex of the user’s cornea to illuminate a line of sight of the user (See e.g. Figs. 3-5; Paragraphs 0024-0026, 0034-0036, and 0042-0043).
Ma teaches this intersection area “to make the optical performance of the lamp group meet the above-mentioned purpose of projecting its light into the non-visual area without affecting or significantly affecting the user’s vision” (Paragraph 0025) in order “to provide a lighting device that can coordinately regulate human biological rhythms through multiple channels, with precise and controllable adjustment effects, better efficiency and better safety” (Paragraph 0003).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Lack such that the intersection area has a length range between 5 mm and 35 mm as in Ma “to make the optical performance of the lamp group meet the above-mentioned purpose of projecting its light into the non-visual area without affecting or significantly affecting the user’s vision” in order “to provide a lighting device that can coordinately regulate human biological rhythms through multiple channels, with precise and controllable adjustment effects, better efficiency and better safety,” as taught by Ma (Paragraphs 0003 and 0025), and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
Regarding claim 2, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the light emitting diodes or the emission cones are arranged angled relative to one another such that an intersection area of the emission cones is elliptical shaped (See e.g. Figs. 4, 6, and 7; Paragraphs 0067 and 0075-0083).
Regarding claim 4, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the light device comprises at least four light emitting diodes (See e.g. Figs. 1 and 3-10; Paragraphs 0061-0074).
Lack fails to explicitly disclose that the light device comprises at least four light emitting diodes assigned to one of the glasses.
However, Ma teaches an illumination device comprising a front frame and an operating device having at least a battery and at least one electronic part having a light device, the light device comprises at least four light emitting diodes (1+2+7+8 & 3+4+5+6) assigned to one of the glasses (See e.g. Fig. 1; Paragraphs 0022, 0024, 0026-0031, and 0035-0041).
Ma teaches these four light emitting diodes for each of the glasses “to provide a lighting device that can coordinately regulate human biological rhythms through multiple channels, with precise and controllable adjustment effects, better efficiency and better safety, in response to the defects of the existing technology that the adjustment effect is not precise, uncontrollable, inefficient and unsafe” (Paragraph 0003).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Lack with four light emitting diodes for each of the glasses as in Ma “to provide a lighting device that can coordinately regulate human biological rhythms through multiple channels, with precise and controllable adjustment effects, better efficiency and better safety, in response to the defects of the existing technology that the adjustment effect is not precise, uncontrollable, inefficient and unsafe,” as taught by Ma (Paragraph 0003), and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 5, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that that the at least one electronic part is a flexible printed circuit board which has an outline shape of the front frame (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0016 and 0072).
Regarding claim 6, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the at least one electronic part comprises two openings to receive the glasses, wherein the light emitting diodes assigned to one of the glasses are distributed around the openings (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 7, Lack in view of Ma teaches the portable light apparatus according to claim 6, as above.
Lack further teaches that the light emitting diodes are arranged on a plane surface of the at least one electronic part (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 8, Lack in view of Ma teaches the portable light apparatus according to claim 6, as above.
Lack further teaches that a number of projecting tabs are arranged in an area of the openings and each carrying one of the light emitting diodes (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 9, Lack in view of Ma teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that the tabs are located in corner areas of each opening (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 10, Lack in view of Ma teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab comprises a tab body having a first end connected to the opening and a second free end extending away from the opening to which the light emitting diode is attached (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 11, Lack in view of Ma teaches the portable light apparatus according to claim 10, as above.
Lack further teaches that each tab has a bent portion arranged between the first end and the second free end (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 12, Lack in view of Ma teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab is bent about a bending radius smaller than 5 mm (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 13, Lack in view of Ma teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab projecting towards a back surface of the at least one electronic part forms an acute angle with an element of the electronic part (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 14, Lack in view of Ma teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that the at least one electronic part is made of one-piece and the tabs are shaped out from the opening (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 15, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the at least one electronic part comprises at least one bent area in a nose bridge area and a connection area to at least one of the side frames (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 16, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the operating device comprises at least one main electronic part, wherein the at least one main electronic part is a printed circuit board having an interface providing a connection to the at least one electronic part and an interface providing a connection to the battery (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074).
Regarding claim 17, Lack in view of Ma teaches the portable light apparatus according to claim 16, as above.
Lack further teaches that the battery is configured to supply energy to the light device via the at least one electronic part and the at least one main electronic part comprises a number of interfaces to couple with an external charging device to recharge the battery and/or to couple with an external control device (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074).
Regarding claim 18, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that one of the side frames comprises a power switch element connected to the operating device (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074).
Regarding claim 19, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the front frame comprises two frame parts permanently or temporarily connected to one another to hold the glasses and the at least one electronic part with its light device (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074).
Regarding claim 20, Lack in view of Ma teaches the portable light apparatus according to claim 19, as above.
Lack further teaches that the at least one electronic part and the light device are held in one of the frame parts (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074).
Regarding claim 21, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the operating device comprises a light device driver to control stroboscopic frequency and/or light sequences of the light device in the front frame (See e.g. Figs. 1, 3-5, and 7-10; Paragraph 0046).
Regarding claim 22, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the glasses are configured as transparent or colored glasses, ophthalmic grade glasses, color tinted glasses and/or functionally coated glasses and/or thermochromic coated glasses and/or electrochromic coated glasses (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0074).
Regarding claim 23, Lack in view of Ma teaches the portable light apparatus according to claim 1, as above.
Lack further teaches that the electronic device and the light device are configured to emit light with adjustable light color (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0020, 0025, 0039, 0042, 0048, 0061, and 0065).
Regarding claim 24, Lack in view of Ma teaches the portable light apparatus according to claim 23, as above.
Lack further teaches that the light emitting diodes are configured to emit light with a wavelength between 380 nm and 800 nm (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0020, 0025, 0039, 0042, 0048, 0061, and 0065).
Regarding claim 26, Lack in view of Ma teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab is bent about a bending radius smaller than 4 mm (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Claim(s) 5 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Castaneda (U.S. PG-Pub No. 2021/0181534).
Regarding claim 5, Ma teaches the portable light apparatus according to claim 1, as above.
Ma fails to explicitly disclose that the at least one electronic part is a flexible printed circuit board which has an outline shape of the front frame.
However, Castaneda teaches eyewear having custom lighting comprising a front frame and an operating device with a battery and at least one electronic part (20) wherein the at least one electronic part is a flexible printed circuit board (26) which has an outline shape of the front frame (See e.g. Figs. 1-2 and 4-5; Paragraphs 0029-0032, 0039, 0042-0047, 0050, 0052-0053, and 0056).
Castaneda teaches this flexible printed circuit board such that “LEDs may include multicolor LEDs, or the like, that are electrically coupled to electronics” (Paragraph 0029) and “to reduce power consumption during operation” in order “to preserve battery life” (Paragraph 0052).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the flexible printed circuit board of Castaneda such that “LEDs may include multicolor LEDs, or the like, that are electrically coupled to electronics” and “to reduce power consumption during operation” in order “to preserve battery life,” as taught by Castaneda (Paragraphs 0029 and 0052).
Regarding claim 16, Ma teaches the portable light apparatus according to claim 1, as above.
Ma further teaches that the operating device comprises at least one main electronic part having an interface providing a connection to the at least one electronic part and an interface providing a connection to the battery (See e.g. Figs. 1 and 6; Paragraphs 0022, 0027, 0029-0031, and 0039-0041).
Ma fails to explicitly disclose that the at least one main electronic part is a printed circuit board having an interface providing a connection to the at least one electronic part and an interface providing a connection to the battery.
However, Castaneda teaches eyewear having custom lighting comprising a front frame and an operating device with a battery and at least one electronic part wherein the operating device comprises at least one main electronic part, wherein the at least one main electronic part is a printed circuit board having an interface providing a connection to the at least one electronic part and an interface providing a connection to the battery (See e.g. Figs. 1-2 and 4-5; Paragraphs 0029-0032, 0039, 0042-0047, 0050, 0052-0053, and 0056).
Castaneda teaches this flexible printed circuit board such that “LEDs may include multicolor LEDs, or the like, that are electrically coupled to electronics” (Paragraph 0029) and “to reduce power consumption during operation” in order “to preserve battery life” (Paragraph 0052).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the flexible printed circuit board of Castaneda such that “LEDs may include multicolor LEDs, or the like, that are electrically coupled to electronics” and “to reduce power consumption during operation” in order “to preserve battery life,” as taught by Castaneda (Paragraphs 0029 and 0052).
Regarding claim 17, Ma in view of Castaneda teaches the portable light apparatus according to claim 16, as above.
Ma further teaches that the battery is configured to supply energy to the light device via the at least one electronic part and the at least one main electronic part comprises a number of interfaces to couple with an external charging device to recharge the battery and/or to couple with an external control device (See e.g. Figs. 1 and 6; Paragraphs 0022, 0027, 0029-0031, and 0039-0041).
Additionally, Castaneda further teaches that the battery is configured to supply energy to the light device via the at least one electronic part and the at least one main electronic part comprises a number of interfaces to couple with an external charging device to recharge the battery and/or to couple with an external control device (e e.g. Figs. 1-2 and 4-5; Paragraphs 0029-0032, 0039, 0042-0047, 0050, 0052-0053, and 0056).
Claim(s) 8-14 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Lack.
Regarding claim 8, Ma teaches the portable light apparatus according to claim 6, as above.
Ma fails to explicitly disclose that a number of projecting tabs are arranged in an area of the openings and each carrying one of the light emitting diodes.
However, Lack teaches an apparatus for administering light stimulation comprising a front frame (8) and an operating device with a battery (11) and at least one electronic part having a light device (4, 5) wherein the at least one electronic part comprises two openings to receive the glasses, wherein the light emitting diodes assigned to one, in particular each, of the glasses are distributed around the openings and a number of projecting tabs (6, 7) are arranged in an area of the openings and each carrying one of the light emitting diodes (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Lack teaches these projecting tabs to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” (Paragraph 0027) and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes” (Paragraph 0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the projecting tabs of Lack to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes,” as in Lack (Paragraphs 0027 and 0032).
Regarding claim 9, Ma in view of Lack teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that the tabs are located in corner areas of each opening (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Lack teaches these projecting tabs to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” (Paragraph 0027) and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes” (Paragraph 0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the projecting tabs of Lack to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes,” as in Lack (Paragraphs 0027 and 0032), since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), and since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 10, Ma in view of Lack teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab comprises a tab body having a first end connected to the opening and a second free end extending away from the opening to which the light emitting diode is attached (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 11, Ma in view of Lack teaches the portable light apparatus according to claim 10, as above.
Lack further teaches that each tab has a bent portion arranged between the first end and the second free end (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Lack teaches these projecting tabs to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” (Paragraph 0027) and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes” (Paragraph 0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the projecting tabs of Lack to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes,” as in Lack (Paragraphs 0027 and 0032), since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 12, Ma in view of Lack teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab is bent about a bending radius smaller than 5 mm (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Lack teaches these projecting tabs to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” (Paragraph 0027) and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes” (Paragraph 0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the projecting tabs of Lack to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes,” as in Lack (Paragraphs 0027 and 0032), since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 13, Ma in view of Lack teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab projecting towards a back surface of the at least one electronic part forms an acute angle with an element of the electronic part (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Lack teaches these projecting tabs to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” (Paragraph 0027) and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes” (Paragraph 0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the projecting tabs of Lack to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes,” as in Lack (Paragraphs 0027 and 0032), since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 14, Ma in view of Lack teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that the at least one electronic part is made of one-piece and the tabs are shaped out from the opening (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Regarding claim 26, Ma in view of Lack teaches the portable light apparatus according to claim 8, as above.
Lack further teaches that each tab is bent about a bending radius smaller than 4 mm (See e.g. Figs. 1, 3-5, and 7-10; Paragraphs 0061-0062 and 0073-0074).
Lack teaches these projecting tabs to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” (Paragraph 0027) and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes” (Paragraph 0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable light apparatus of Ma with the projecting tabs of Lack to “provide an illuminated region which permits areas of the peripheral retina to be illuminated throughout a range of movement of the eye” and “since it allows the light emitting diodes to project light via the pupil so as to illuminate areas of the peripheral retina which are not able to be illuminated when the light emitting diodes are spaced further apart, whilst also providing a viewing zone between the light emitting diodes which is adequate for viewing purposes,” as in Lack (Paragraphs 0027 and 0032), since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Response to Arguments
Applicant's arguments, see page 12, filed 12/05/2025, regarding the 35 U.S.C. 112(b) rejection have been fully considered but they are not persuasive.
Applicant argues that “the limitation of ‘a length range between 5 mm and 35 mm between a back surface…and an apex’ is intended to mean that the intersection area 5321 comprises the back surface of the glasses and extends from this back surface towards the apex over a continuous length of at least 5 mm and up to 35 mm” and that “the language of the claim is also believed to be clear in that the cones intersect at some point in the intersection area.” However, Examiner respectfully disagrees.
Specifically, as currently recited, the claims require “the emission cones intersect in an intersection area which covers a length range between 5 mm and 35 mm between a back surface of one of the respective glasses and an apex of the user’s cornea to illuminate a line of sight of the user.” Nowhere do the claims indicate that the length range is defined to start at the back surface. Rather, it is unclear where this length range is defined. More compellingly, given that the LEDs are formed at different portions of the glasses, it is unclear how the cones could be arranged to possible intersect at an area including the back surface of the glasses. Thus, Examiner maintains that the claimed language is unclear.
Applicant's arguments, see pages 14-15, filed 12/05/2025, regarding the 35 U.S.C. 102(a)(1) rejection in view of Ma have been fully considered but they are not persuasive.
Applicant argues that “Ma does not teach or suggest the distinguishing features of presently amended claim 1, namely that the LEDs are arranged angled relative to one another such that their emission cones intersect in an intersection area, wherein said intersection area covers a length range between 5 mm and 35 mm between the back surface of the glass and the apex of the user's cornea (also known as vertex distance) to illuminate a line of sight of the user” because “Ma discloses that each LED lamp set through the collimator has a divergence angle of the beam relative to the center of the horizontal axis of symmetry through the eye pupil, but each beam axis does not intersect the horizontal axis through the center of the pupil of the eye, in order to ensure that the light emitted by the LED light beam incident on the eye vision area outside leaving a gap between the back surface of glasses and the apex of the user's cornea. Therefore, Ma avoids any overlap of LED beam axes in the line of sight region.” However, Examiner respectfully disagrees.
First, in response to Applicant’s argument that “Ma avoids any overlap of LED beam axes in the line of sight region,” Examiner respectfully notes that the claim is silent to such a feature and does not require overlap of “LED beam axes” itself. Rather, the claim merely requires that “the emission cones intersect in an intersection area which covers a length range between 5 mm and 35 mm.” Contrary to Applicant’s assertion, Ma very clearly describes and shows (e.g. in Fig. 3) emission cones which intersect between a back surface of one of the respective glasses and an apex of the user’s cornea as required by the claim.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that LED beam axes must intersect between the glasses and an apex of the user’s cornea) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, Ma explicitly teaches and shows an intersection area between the back surface and the apex of the user’s cornea as required by the claim. This can be seen in Fig. 3 of Ma, reproduced below. Specifically, given the angles and dimensions provided in Paragraphs 0024-0026 of Ma, the emission cones of the LEDs in Ma’s device have an intersection region with a length of 8.1 mm between the back surface of the glasses and the apex of the user’s cornea, lying within Applicant’s claimed range. Thus, Examiner maintains that Ma anticipates the claims.
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Figure 1: Ma teaches the claimed intersection area.
Applicant’s arguments, see page 16, filed 12/05/2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102 in view of Lack have been fully considered but are moot upon further consideration and a new ground(s) of rejection made in view of Lack and Ma, as detailed above and necessitated by Applicant’s amendments.
Specifically regarding Lack, Applicant argues that “In Lack, the region between the lens and the cornea essentially remains free from a beam, an emission cone and emission path; the beams are designed to pass this region.” However, this is incorrect as Lack explicitly shows that the beams from the light emitting diodes overlap, as described in, e.g. Paragraph 0077: “the light emitting diodes 16, 18 are arranged so that the disc shaped regions 44 provided by each light emitting diode 16, 18 combine so as to provide a substantially uniform irradiance of substantially the entire area of the pupil 50 of a respective eye. In the illustrated embodiment, the combining of the disc shaped regions 44 provided by each light emitting diode 16, 18 occurs at the area 46 over which the disc shaped regions overlap.” Thus, combined with the teachings of Ma, the claimed intersection area with a length between 5 mm and 35 mm would have been obvious to a person having ordinary skill in the art as detailed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas R Pasko whose telephone number is (571)270-1876. The examiner can normally be reached M-F 8 AM - 5 PM.
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Nicholas R. Pasko
Primary Examiner
Art Unit 2896
/Nicholas R. Pasko/Primary Examiner, Art Unit 2896