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 .
Status of Application, Amendments and Claims
Claims 1-25 are pending; and claims 1, 20 and 21 are amended.
Response to Arguments
Applicant’s arguments with respect to amended claim 1 have been considered but are moot in view of new grounds of rejection to address the newly added limitation regarding “forming a button.”
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 1-25 are 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.
Regarding claim 1, the metes and bounds of the claim limitation “the removeable token forming a button for initiating operation of the at least one light source” cannot be determined by the examiner because it is unclear what constitutes “forming a button.” Paragraph [00103] of the applicant’s specification also recites “forming a button” but the associated embodiment does not show a button or define what constitutes forming a button. In the interest of compact prosecution, the examiner interprets the limitation to mean inserting the token and providing control over operation of the device.
All remaining claims are rejected for depending from an indefinite 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.
Claims 1, 3-7, 9, 11-15, 17-21 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over O’Neil et al. (US 2010/0069898) in view of
[Claim 1] O’Neil discloses an illumination device (Fig. 11 #400) comprising:
at least one light source (Fig 11A #416) [par. 0079] arranged to irradiate light on tissue to induce a biological effect (acne treatment) [abstract];
driver circuitry (circuit boards, Fig. 11A #415, 445) configured to drive the at least one light source (the circuit boards contain control circuitry that drives the light sources, e.g. a controller, Fig. 14 #1425) [pars. 0092, 0095]; and
a removable token (cartridge, Fig. 11A #450, and Fig. 14 #1480) configured to control operation of the at least one light source (the cartridge provides different, selectable treatment regimens appropriate for the user) [pars. 0089, 0097]. The token (cartridge) illustrated in Figs. 11 and 14 are inserted into the device and can be configured to activate treatment [pars. 0089, 0099]. The act of inserting device to activate treatment is considered “forming a button” in as much as the applicant discloses the token (#32) forming a button in paragraph [00103] of the applicant’s specification.
[Claim 3] O’Neil discloses a housing (Fig. 11A #405) that at least partially encloses the at least one light source and the driver circuitry [par. 0075].
[Claim 4] O’Neil discloses the housing comprises a receptacle (cap aperture, Fig. 11A #405D) configured to receive the removable token [par. 0089].
[Claim 5] O’Neil discloses the removable token forms a protrusion with a first shape that corresponds with a second shape of a slot of the receptacle (the cartridge, Fig. 11 A #450, is configured with a carrier, Fig. 11A #452, that is inserted into the housing through the cap aperture) [par. 0089].
[Claim 6] O’Neil discloses the removable token comprises a plug that fits into the receptacle (the inserted cartridge attaches to PCB connector end, Fig. 11A #456, of the main PCB, Fig. 11A #445; and cartridge interface, Fig. 14 #1470, receives the replaceable cartridge, Fig. 14 #1480 – these elements are interpreted as plugs) [pars. 0089, 0097].
[Claim 7] O’Neil discloses the removable token forms a physical connection within the receptacle for providing transfer of information (the inserted cartridge attaches to PCB connector end, Fig. 11A #456, of the main PCB, Fig. 11A #445; and cartridge interface, Fig. 14 #1470, receives the replaceable cartridge, Fig. 14 #1480) [pars. 0089, 0097].
[Claim 9] O’Neil discloses the housing comprises a window (output window, Fig. 11A #420) proximate the at least one light source configured to provide visual indication when the at least one light source is electrically activated (light is visible when passing through the window) [par. 0083].
[Claim 11] O’Neil discloses the housing forms a handle (the housing is designed to be hand-held) and the removable token is attached to a base of the handle (cap aperture, Fig. 11A #405D, is located at the base/bottom of the hand-held housing).
[Claim 12] O’Neil discloses a carriage within the housing, wherein the removable token is attached to the carriage (the inserted cartridge attaches to PCB connector end, Fig. 11A #456, of the main PCB, Fig. 11A #445; and cartridge interface, Fig. 14 #1470, receives the replaceable cartridge, Fig. 14 #1480) [pars. 0089, 0097].
[Claim 13] O’Neil discloses a port at the carriage, the port being configured as one or more of a charging port and a data transfer port (the PCB connector and cartridge interface receive data from the cartridge).
[Claim 14] O’Neil discloses the driver circuitry is attached to the carriage (the PCB connector is connected to the circuit boards, Fig. 11A #415, 445).
[Claim 15] O’Neil discloses the removable token is configured to slide within the receptacle to lock in place (the cartridge is shown to slid into the cap aperture, Fig. 11A #405D, and be retained within the housing which is considered locking in place) [par. 0089; Figs. 10, 11A].
[Claim 17] O’Neil discloses a user interface display (LCD display, Figs. 15-16B, #460) on the housing [par. 0110].
[Claim 18] O’Neil discloses the removable token is configured to be prescribed by a health care provider (the cartridge is capable of being selected by a heath care provider).
[Claim 19] O’Neil discloses the removable token is configured to control operation of the at least one light source according to a treatment protocol for irradiating light (the cartridge provides different, selectable treatment regimens appropriate for the user) [pars. 0089, 0097] on tissue within a body cavity (the device is capable of irradiating skin within a body cavity).
[Claim 20] O’Neil discloses the removable token is electrically coupled to the driver circuitry for initiating operation of the at least one light source (the cartridges illustrated in FIG. 14 and in FIG. 11 are inserted into the device and can be configured to activate treatment) [pars. 0089, 0099].
[Claim 21] O’Neil discloses a communication module configured to communication with an external device (a cartridge interface, Fig. 14 #1470, permits manufacturing systems to communicate directly with the device through a manufacturing interface, Fig. 14 #1475, thus enabling loading of firm ware, system calibration, and testing of system performance) [par. 0097].
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 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over O’Neil et al. (US 2010/0069898) as applied to claims 1 and 4 above in view of Shenzhen (CN 112451147), of record.
[Claims 2, 8] O’Neil discloses the removable token and driver circuitry but does not disclose the removable token is configured for near field communication with the driver circuitry.
Shenzhen discloses an illumination device [Fig. 3] comprising at least one light source arranged to irradiate light on tissue to induce a biological effect (light source, Fig. 3 #500); driver circuitry configured to drive the at least one light source (control component, Fig. 3 #600, can control the Light source) [par. 0058]; and a removable token (NFC tag, Fig. 3 #410) configured to control operation of the at least one light source (the control module, #601, determines whether it is necessary to control the light source to emit light by using the information in the NFC tag) [par. 0088].
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the removeable token of O’Neil to include near field communication if the form of an NFC tag for communicating with the driver circuitry as taught by Shenzhen in order to provide another known way for communicating data i.e. wired or wirelessly.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over O’Neil et al. (US 2010/0069898) as applied to claim 3 above.
[Claim 10] O’Neil discloses a heatsink (Fig. 11A #435) within the housing, wherein the at least one light source is on the heatsink (light source, Fig. 11A #416, is connected to the heatsink via an interface film, Fig. 11A #436 and circuit board, Fig. 11A #415, on which the light source resides); and an optical cup (hollow optical mixer, Fig. 11A #417) [pars. 0080, 0085, 0090] peripherally surrounding the at least one light source.
O’Neil does not explicitly disclose a portion of the optical cup is attached to the heatsink.
However, O’Neil does teach the purpose of the heatsink is to cool components of the device and prevent heat damage to the skin [par. 0066]. It would have been obvious to one having ordinary skill in the art before the effective filing date to attach a portion of the optical cup to the heatsink in order to dissipate heat built up from the light source in the optical cup such that the heat is dissipated and directed away from the skin.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over O’Neil et al. (US 2010/0069898) as applied to claim 3 above in view of Cockrell et al. (US 2021/0290971).
[Claim 16] O’Neil discloses the housing and light source but does not disclose a light guide attached to the housing and optically coupled to the at least one light source; and a light guide positioner attached to the light guide, wherein the light guide positioner is configured to be positioned within an oral cavity of a user.
Cockrell discloses a light guide (Fig. 45 #4332) attached to a housing (Fig. 45 #4302) and optically coupled to at least one light source (light emitter, Fig. 46 #120); and a light guide positioner (mouthpiece, Fig. 45 #4334) attached to the light guide, wherein the light guide positioner is configured to be positioned within an oral cavity of a user [pars. 0362, 0365].
It would have been obvious to one having ordinary skill in the art before the effective filing date to use the drive circuitry and removable token taught by O’Neil in the illumination device of Cockrell in order to provide treatment regimens suitable for treating conditions within the mouth.
Claims 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over O’Neil et al. (US 2010/0069898) as applied to claim 1 above in view of Yoo et al. (US 2020/0086137).
[Claims 22, 24] O’Neil discloses a removable token that is inserted into the light source device but does not disclose the removable token is part of an illumination cartridge/head that includes the at least one light source, the illumination cartridge/head being removable.
Yoo disclose an analogous hand-held light treatment device comprising an illumination cartridge/head including light sources (head, #20, containing LEDs #222, 223) and being removeable from a handle (#50) to enable easy cleaning [pars. 0034-0035].
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the device of O’Neil such that the light sources and removable token are contained in a illumination cartridge/head removable from a handle portion as taught by Yoo in order to enable easier cleaning of the illumination cartridge/head.
[Claims 23, 25] The device rendered obvious over O’Neil in view of Yoo would result in the removable token being removable from the illumination cartridge/head since O’Neil discloses the token is a removeable token.
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 NATHAN J JENNESS whose telephone number is (571)270-5055. The examiner can normally be reached M-F 8:00-5:00 EST.
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/NATHAN J JENNESS/
Supervisory Patent Examiner, Art Unit 3733 9 January 2026