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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-15 in the reply filed on 03/18/2026 is acknowledged.
Claims 16-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/18/2026.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saltshaker et al., Pub. No. U.S. 2005/0154832 (hereinafter “Saltshaker”). Regarding claim 1, Saltshaker discloses apparatus and methods of treating a patient skin with therapeutic laser light (Pars. 0002, 0010), comprising:
imaging a first skin area of the patient obtain at least a first image (methods and devices for treating dermatological conditions that include imaging a target skin region, e.g., skin tissue(Pars. 0008 - 0009);
processing the at least a first image to identify at least one target skin area 422 and at least one non-target skin area/skin segment 421 in a portion of which a target skin region is located in the at least a first image (Pars. 0098 – 0099);
generating a treatment map of the first skin area based on the identified at least one target skin area and at least one non-target skin area (Par. 0114 and Fig. 12 [“In some embodiments, the handheld device can track the position of a target region, e.g., a treatment site, which can be identified by a marker in an image, from one image to the next. For example, with reference to FIG. 12, a marker 1215 is provided on an image 1216 of a target skin region to identify a selected site, e.g., a treatment site. A subsequent image 1217 may obtained such that it is shifted relative to the image 1216”]);
displaying the treatment map to a user on a user interface (Abstract [An apparatus according to the teachings of the invention can include an image capture device and a display device mounted to the apparatus and electrically coupled to the image capture device. .. the display device is capable of displaying images of the treatment area captured by the image capture device”]);
obtaining a user input from the user in response to displaying the treatment map (par. 0113, Fig. 11B [a handheld device 1112 according to one embodiment of the invention can include a microprocessor 1113 electrically, or optically or via a wireless connection, coupled to an image capture device 1114 to receive images acquired by the image capture device. The microprocessor can utilize these images to monitor an applied treatment”]); and
treating at least a portion of the at least one skin area with therapeutic laser light by using a scanner to direct therapeutic light to the identified at least one target skin
(par.0093 [“A treatment radiation source 413 disposed in a body portion of the handheld device 112 generates radiation having one or more wavelengths suitable for treating a dermatological condition in the target skin region ... the treatment source 413 includes a neodymium (Nd) laser generating radiation having a wavelength around 1064 nm. … or other laser sources such as diode lasers can be employed for generating the treatment radiation”]).
Regarding claim 2, the imaging device comprises a CCD camera that generates an image of the treatment area (par. 0135).
Regarding claims 3 and 4, Saltshaker teaches the processor identifies at least one or more target skin area as a lesion and classifying the at least one lesion area by lesion type or skin area based on color (par. 0073 [“an image of the treatment region can be processed by an image processor and/or a microprocessor, for example, to enhance its resolution (or contrast), color and brightness. … Skin conditions, such as, pigmented lesions, spider veins, port wine stains, psoriasis, can change color during and after treatment.
Regarding claim 5, Saltshaker teaches processing the at least first image comprises using a processor to determine at least one laser parameter for treating at least one lesion area (par. 0037 [“The microprocessor can compare changes in selected parameters of the treatment region to threshold values previously stored, for example, in a database. Various parameters, such as color or a change of fluorescence emission, can be used to monitor the applied treatment”]).
Regarding claim 6, generating a treatment map of the first skin area comprises using a processor to generate a treatment location identifying at least one laser treatment parameter for treating at least one lesion area (par. 0086, Fig. 2B [“a handpiece device according to the teachings of the invention can include an illumination source 208, e.g., a light source, for illuminating the treatment area, or a portion thereof, to enhance its imaging by the image capture device 203. … The illumination source 208 can be selected to generate radiation in any desired spectral region. For example, UV, violet, blue, green, yellow light or infrared radiation (e.g., about 290-600 nm, 1400-3000 nm) can be used for visualization of superficial targets, such as vascular and pigment lesions, fine wrinkles, skin texture and pores.”]).
Regarding claim 7, Saltshaker discloses a display 205 mounted to a housing for viewing by a user, the display comprising at least one or more of visual indication 202 where laser pulses would be applied to the at least one treatment area 201 (Par. 0085, Fig. 2B).
Regarding claim 8, Saltshaker discloses wherein receiving user input comprises receiving one or more operations selected from changing one or more laser beam parameters for treating at least the one lesion area (par. 0037 [“ an image of the treatment region can be processed by an image processor and/or microprocessor, … The microprocessor can compare changes in selected parameters of the treatment region to threshold values previously stored, for example, in a database”]). Saltshaker further teaches in (par. 0103 [“Referring again to FIGS. 4A and 4B, the exemplary handheld device 112 includes a zoom assembly comprising three lenses 423, 424 and 425. … to change the cross-sectional diameter of the treatment beam”]).
Regarding claim 9, Saltshaker discloses processing at least the first image comprises, using a processor to determine at least one treatment parameter for treating the at least one target skin area, wherein the at least one treatment parameter is selected from fluence, pulse duration and the like (par. 0034 [“ the invention provides a method for imaging a subsurface target region of skin tissue that includes illuminating a skin surface with illumination radiation such that a significant portion of the radiation penetrates the skin tissue below the surface. … The illumination sources can be, for example, light emitting diodes (LED), diode lasers, lamps, or other suitable sources of electromagnetic energy. In some cases, treatment energy, e.g., radiation having one or more wavelengths in a range of about 290 nm to about 20,000,000 nm, can be applied to the subsurface target region.”]).
Regarding claims 10 and 11, Saltshaker discloses generating a treatment map of the first skin area to generate a treatment map identifying at least one geographic location 306 and boundary 306a of the at least one target skin area, and a visual indication 307 where laser pulses would be applied to the at least relative to the target skin area (par. 0090, Figs. 3A,3B).
Regarding claim 12, Saltshaker teaches in par. 0037 wherein receiving a user input comprises receiving a user input selected from an input to changing one or more laser treatment parameters for treating the at least one target skin area (an image of the treatment region can be processed by an image processor and/or microprocessor, … wherein the microprocessor can compare changes in selected parameters of the treatment region to threshold values previously stored in a database).
Allowable Subject Matter
Claims 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Youngquist et al., Pub. No. U.S. 2015/0230863, discloses a dermatological apparatus and method of treating a patient's skin with therapeutic laser light (Par. 0002), comprising: capturing one or more images of skin area (Par. 0181), processing the image to identify at least one target skin area and at least one non-target skin area in the image (Fig. 24, Pars. 0182, 0184), and treating at least a portion of the target skin area with laser light (Pars. 0194, 0209).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M FARAH whose telephone number is (571)272-4765. The examiner can normally be reached Mon - Fri. 9:30AM -10:30 PM.
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/AHMED M FARAH/Primary Examiner, Art Unit 3792
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